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HomeMy WebLinkAbout; Poinsettia Village, LP; 1994-0386488; Easement1 2 3 :i 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 si 4$ 1' ' ..: I JUL - 5 1994 1477 IS DOCUMENT AT ) NO FEE AS IT IS TO THE BENEFIT ) OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: ) ) ) Carlsbad Municipal Water District ) Engineering Department ) 5950 El Camino Real ) Carlsbad, California 92008 .) & Space above this line for RecoHer's use. Assessor's Parcel NO. 254-430-'20 Project Name & No. Villase. CMWD Project No. 85-C.150 720 Avenida Encinas, Lot 8. Poinsettia DOCUMENTARY TRANSFER CARLSBAD MUNICIPAL TAX: None Board of Directors EASEMENT 3 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 2E 27 2E whether above or below the surface of the ground. Said facility may include pipelines, pumping 2 1478 facili .ties, 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. /// /// /// /// /// /// /// /// /// /// 3/14/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 1479 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit and Exhibit "B'l attached hereto and by this reference made a part hereof. I, Executed by the GRANTOR this GRANTOR: . . . Pm (title of signatory) By : (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By : (Notardl ackhowledgment of execution by GRANTOR must be attached.) CMWD 85-C.150 3 3/14/91 REV. :ALIFORNIA ALL-PURPOSE ACKNOWLEWMENT NO. 5 State of C~AL/FLZRNIA County of \S;?lu D~GC - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does nd require the Notary to fill in the data below, doing so may prove invaluable m perrons relying MI the dacument. DATE 0 CORPORATE OFFICER(S) personally appeared k%&??- /I//. -41 TITLEIS) a personally known to me - OR - capacitytlbs), and that by his/h+k=& signature(* on the instrument the person#, or the entity upon behalf of which the person(8) acted, executed the instrument. SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT 01992 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 * Cancga Park, CA 91309-7184 ,,1481 CERTIFICATION OF ACCEPTANCE OF DEED This is to cerhfi that the interest in real property conveyed by the grant deed or easement, dated hy y j\?q y, from Poinsettia Viiaee, LP.. a California Limited Partnership * totheCarlsbadMunkipa1 WaterDishkt, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned oficer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, Califontia, pursuant to author$y conferred by Resolution NO.^ of the Carlsbad Municipnl Water District adopted on January 28,1992, and the grantee consents to recordation thereof by its duly authorized ofier. CMWD 85-C.150 .. 1482 PR 3.5.51 EXEIBIT 5.EGAL DESCRIPTION All that portion of Lot 8 of Parcel Map No. 15187 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on March 28, 1988. An easement being 15.00 foot in width lying 7.50 feet on each side and parallel with the following described centerline: Commencing at the most Westerly common corner of Lot 7 and said Lot 8; thence Southeasterly along the Westerly lot line of said Lot 8 South 1-49-52 East, 64.00 feet to a point on the centerline of said 15.00 foot wide easement and the TRUE POINT OF BEGINNING; thence along said centerline North 88-10-08 East, 124.47 feet; thence North 59-31-43 continuing North 59-31-43 East, 68.95 feet to the POINT OF TERMINUS, East, continuing on said centerline 12.09 feet to Point "A"; thence said Lots 7 and 8, said point also lying South 84-30-05 East, 197.21 said point being the point of intersection with the common lot line of feet Easterly, on said common lot line, of said most Westerly common corner. The sidelines of said 15.00 foot easement to be extended or shortened to meet at angle points. The sidelines of said easement shall terminate on the West in said Westerly line of Lot 8 and on the Northeast in said common lot line of said Lot 7 and Lot 8. Together with a 15.00 foot wide easement lying 7.50 feet each side and parallel with the following described centerline: Beginning at Point "A" as described above; thence South 30-28-17 East, 108.00 feet to the POINT OF TERMINUS. J. N. 5950-X 2-7-1989 JN: gh CMWD 85-C. 150 MS 729 - CT 81-6!B) BRIAN SMITH ENGINEERS, INC. Drq. + 267. 2 LOCATION MAP 1484 NOT TO SCALE PROJECT NAME: LOT 6 EXHIBIT PROJECT # POINSETTIA VILLAGE 1 CMWD e5-c.151,