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HomeMy WebLinkAbout; Carltas Company; 1994-0272434; Easement1 ..\ 2 /," / 3 ,; / ', 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 c! I 25 26 27 28 DOC # 19944272434 25-APR-1994 09522 AN OFFICIAL RECORDS SflH DIEGO COUNTY RECORDER'S OFFICE PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT ) cccc. n nn GREGORY SRITH, COUNTY KECORDEK OF THIS DISTRICT (GOV. CODE [61031) j ) , LLJ. Y. YY NR RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: 1 ) Carlsbad Municipal Water District ) Engineering Department 1 5950 ~l Camino Real ) Carlsbad, California 92008 ) Space above this line for Recorder's use. Assessor's Parcel No. Project Name h No. Carlsbad Ranch 92-503 211-021-26 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT dAJxLL2" AlethaL.Rautenkranz, Secretaky Board of Directors EASEMENT CARLTAS COMPANY, a California Limited Partnership ~ does hereby grant to CARLSBAD WICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, 1 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1738 whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but ,limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 2 3/14/91 REV. .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1739 NO. 5907 State of California County of ~a.ngo On April 14, 1994 before me, Karen A. Phelps, Notary public DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC‘ appeared Christopher C. Calkins NAME(S)OFSIGNER(SI a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the Derson(s) acted, executed the instrument. .. WITNESS my hand OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE0 DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLEIS) TITLE OR TYPE OF DOCUMENT [7 PARTNER(S) 0 LIMITED 0 ATrORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER 0 GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTITYIIESI SIGNER(S) OTHER THAN NAME0 ABOVE 01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmel Ave., P.O. Box 7184 Canaga Park, CA 91309-7184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 za LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit llB*l attached hereto and by this reference made a part hereof. Executed bv the GRANTOR this GRANTOR: .~ CARLTAS COMPANY. a California Limited Partnership (">me of grantor) C. Calkins, Manager (title of signatory) By : (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By: Y , (&/L\A - P.G. c - (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 92-503 3 3/14/91 REV. CERTIFICdTION OF ACCEPTANCE OF DEED l%is is to re* that the interest in realpmpe@v conveyed by the pant deed or easement, dated 4 - IY- ,fin8 CARLTAS COMPANY, a California Limited Partnership tothe~badMwkipalWaterDis~GuIs~ Galgomia, a Municipal Water Distrid Ad of 1911, as amen&, is hemby accepted by the undersigned ofir or agent on beholf of the Cdbad Municipal Water District, GuIsw California, pursuant to authority codemd by Resolution NO.^ of the CarLFbad Munic&l Water Distrid adopted on January 28,1992, and the gmntee consents to reoDnintioR thereof by ih auly authorized OM. d3a,ZL 4 62" AL.ETHA L. RAUTENKRANZ, Semtary CMWD 92-503 1742 89-1014 EXHIBIT "A" WATER EASEMENT ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, OF OFFICIAL RECORDS, BEING A STRIP OF LAND 15 FEET IN WIDTH, LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE NORTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1981; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH 22" 29' 26" EAST 3.30 FEET (SOUTH 22" 28' 06" WEST 3.00 FEET PER SAID PARCEL MAP 11284) TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE, CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25" 58' 11" A DISTANCE OF 291.44 FEET (CENTRAL ANGLE = 25" 57' 48", LENGTH= 291.37 FEET PER SAID PARCEL MAP 11284); THENCE TANGENT TO SAID CURVE SOUTH 3" 28' 45" WEST (SOUTH 3" 29' 42" WEST PER SAID PARCEL MAP 11284) 48.12 FEET MORE OR LESS TO THE SOUTHWESTERLY LINE OF AN EXISTING 86 FOOT PUBLIC ROAD AND UTILITY EASEMENT (KNOWN AS PASEO DEL NORTE), RECORDED OCTOBER 21, 1985 AS FILE NO. 85-390632, OFFICIAL RECORDS; THENCE LEAVING THE EASTERLY LINE OF SAID PARCEL 3 ALONG THE SOUTHWESTERLY LINE OF SAID EXISTING 86 FOOT EASEMENT, SOUTH 22" 29' 26" EAST 407.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID EXISTING 86 FOOT EASEMENT ALONG SAID CENTERLINE, SOUTH 67" 30' 34" WEST 162.07 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3, SAID POINT BEING ON THE ARC OF A 557 FOOT RADIUS CURVE, CONCAVE EASTERLY, THE RADIAL TO SAID POINT BEARS SOUTH 73" 43' 57" WEST. THE SIDELINES OF SAID EASEMENT SHALL BE EXTENDED OR SHORTENED TO BEGIN ON THE SOUTHWESTERLY LINE OF SAID EXISTING 86 FOOT EASEMENT AND PASS THROUGH THE TRUE POINT OF BEGINNING AND TO TERMINATE ON THE ARC OF SAID 557 FOOT RADIUS CURVE. LOCATION MAP f? OB. N.E. COR. _. - -~ CAR COUNTRY - " " , , # ,. .. . .L i - CMWD 92-503 SHEET 2 OF 7 SHFFT?: