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Home My WebLink About; City of Carlsbad; 1992-0155861; Easement (2)1295 PC ## 1??2-#155851 2L -MfiH-1?92 02:07 PM GFFiCfFiL RECORDS SAN DIE60 COUXTY RECORDER'S OFFICE PLEASE RECORD THIS DOCUMENT AT ) MNEiiE EURHS, COUNTY REiORCER NO FEE AS IT IS TO THE BENEFIT ) FEES: 0.00 OF THIS DISTRICT (GOV. CODE [6103]) ) 1 RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1 ) Carlsbad Municipal Water District ) Engineering Department 1 5950 El Camino Real 1 Carlsbad, California 92008 ) Space above this line for if Recorder's use. Assessor's Parcel No. 215-080-25 Project Name & No. Twelve Inch (12") Cross Connection, Camino Vida Roble to Existina Thirtv Foot (30') Water Line Easement - CMWD 86-109 DOCUMENTARY TRANSFER TAX: None WATER DISTRICT CARLSBAD MUNICIPAL w. 2. P- AlethaL.Rautenkranz,Secretary Board of Directors EASEMENT does hereby grant to CARLSBAD MUNICIPAL 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. 12Ni 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. .. 1297 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit llA1l and Exhibit llB1l attached hereto and by this reference made a part hereof. Executed by the GRANTOR this 19%. 4th day of March GRANTOR: Corporation CITY OF CARLSBAD, a Municipal CLAUDE A. LEWIS, Mayor ”” ATTEST: (title of signatory) By : (sign here) ALETHA L. RAUTENKIUNZ, City Clerk (title of signatory) APPROVED AS TO FORM: By : R. 3*4*9z. (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 86-109 3 3/14/91 REV. EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE ANLl TEMPORARY CONSTRUCTION EASEMENT VESTING: CITY OF CARLSBAD, A MLTNICIPAL CORPORATION APN: 215-080-25 THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARJSBAD, COUNTY OF SAN DIEGO, RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO. STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON 86-494180, DESCRIBED AS FOLLOWS: PARCEL 1: WATER LINE EASEMENT A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAh'; THENCE NORTH ALONG THE WESTERLY LINE OF SAID SECTION 23, NORTH 093'25" OF THAT-CERTAIN LAND CONVEYED TO THE CITY OF CARLSBAD BY DEED EAST 2296.25 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY RECORDED JUNE 29, 1989, AS FILE NO 89-345769 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE NORTH 52'45'54'' WEST 71.46 FEET TO THE TRUE POINT OF BEGINNING: THENCE ALONG SAID CENTERLINE SOUTH 0'33'25" WEST PARALLEL TO AND DISTANT 57.31 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF SECTION 23, A DISTANCE OF 167.59 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH AND DISTANT 32.31 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY 44'26'35'' EAST 35.36 FEET; THENCE SOUTH 00'33'25" WEST PARALLEL TO LINE OF SECTION 23 A DISTANCE OF 208.85 FEET MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN 30.00 FOOT WIDE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED JULY 21, 1958 IN BOOK 7174, PAGE 290 OF OFFICIAL RECORDS OF SAID COUNTY AND THE SOUTHERLY TERMINUS OF THIS EASEMENT. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT SHALL BE PROLONGED AFORESAID CITY OF CARLSBAD PARCEL AND THE NORTHERLY LINE OF THE OR SHORTENED TO TERMINATE IN THE NORTHEASTERLY LINE OF THE AFORESAID 30.00 FOOT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT. SAID EASEMENT CONTAINS 6176.95 SQUARE FEET. PARCEL 2 : TEMPORARY CONSTRUCTION EASEMENT A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE AND PARALLEL TO THE CENTERLINE OF THE 15.00 FOOT WIDE EASEMENT AS DESCRIBED IN PARCEL 1 ABOVE. THE SIDELINES OF SAID 50.00 FOOT WIDE EASEMENT SHALL BE PROLONGED AFORESAID CITY OF CARLSBAD PARCEL AND THE NORTHERLY LINE OF THE OR SHORTENED TO TERMINATE IN THE NORTHEASTERtY LINE OF THE AFORESAID 30.00 FOOT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT. -. !- I299 SUBJECT TEMPORARY EASEMENT SHW EXPIRE WITHIN NINETY (90) DAYS OF THE FILING OF A NOTICE OF COPlPLETION FOR THIS PROJECT. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION ARE PLATS LABELED EXHIBIT "B" AND EXHIBIT "C". THIS LEGAL DESCRIPTION AND PLATS WERE PREPARED BY ME OR UNDER MY DIRECTION. P.L.S. 39 CMWD 86-109 1 ,/ NORMERLI UNE SEC. 22 NORmERLY UNE ROS 10774 AND N.W. CORNER SEC. 23 EXHIBIT 'C' 1301 CARLSBAD MUNICIPAL WATER DISTRICT I VlClNlTY MAP OAE5/09/91 I SXET 2 OF 2 PROJECT ua Right-of-way Engineering Services, Inc hqb7a-q land Suneyng C.M.W-D- 86-109 a03 J Comino Rd St- 20a Ocmmsid% u 92C54 (619) 7SFCC13 1302 CERTIFICATION FOR ACCEPTANCE OF DEED to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the uderzigzcd a%czr or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution NO.^ of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by it's duly authorized officer. c