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Home My WebLink About3184; Kelly Land Company; 2001-0133618; Easement. . 2 ?+ . . -7 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record this document at no fee I% as it is to the benefit of the City (Gov. rll Code [8103]). DOE #I 2001-0133618 . Mar 08, 2001 IO:58 WI DFFICI# REm SAN DIEGO MUNTY REUIRDER’S OFFICE 4034 GaGoRy glmHs cout&REmDER oci ‘Ia liMllllyu~~ll~llllllYulill 2001-0133616 Space above this line for Recorder’s use. i&- The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 &, ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No.: 208-020-38 Project No. & Name: PR 000005 Project No. 3184 Cannon Road West CITY OF CARLSBAD .- MER, beputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT Kelly Land Company, a Delaware corporation does hereby grant to City of Carlsbad, a Municipal Corporation, 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 wastewater, 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, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of wastewater 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 not limited to, erosion control facilities, fences, gates, doors, locking 1 08/l 7198 Rev. . 4035 , .J 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. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. ‘- 5% Executed by the Grantor this day of @* 2000. GRANTOR: Kelly Land Company, a Delaware corporation f\ (name of grantor) _ 1 A ’ By: & ’ By: (title of signatory) (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) D AS TO FORM: . BALL CMWD 2 08/l 7/98 Rev. , .* , 4036 STATE OF CALIFORNIA) > ss. COUNTY OF e% L i>) E &o > am personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to de the’person(s) whose name(s) i&/are subscribed to the within instrument and acknowledged to me that h,&sh&hey executed the same in h&l-@/their authorized capacity (ies), and that by h$h@/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand ad official seal. Noby Public - California San Diego Couniy WCanm. ExhsSm23.2tm (SEAL) 4037 JANUARY 6,200O J.N.: 96-1011 EXHIBIT A - LEGAL DESCRIPTION A PORTION OF LOT “I”, OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THOSE PORTIONS OF THE ABOVE DESCRIBED PROPERTY THAT ARE CONTAINED WITHIN A STRIP OF LAND 20.00 FEET WIDE, BEING 10.00 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE CENTERLINE OF EL CAMINO REAL, ACCORDING TO ROAD SURVEY MAP 1800-l) STATION NO. 450+43.16, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; SAID POINT BEING ON A 6,900 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 29” 34’ 14” WEST; THENCE CONTINUING SOUTHEASTERLY ALONG SAtD CENTERLINE THROUGH A CENTRAL ANGLE 02’3 1’08” AN ARC DISTANCE OF 303.36 FEET; THENCE LEAVING SAID CENTERLINE RADIALLY SOUTH 27’03’06” WEST 75.00’ TO THE SOUTHERLY RIGHT OF WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE P&NT OF BEGINNING: C:\MSOFFICE\WINWORD\9607esmt.doc THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY SOUTH 27”03’06” WEST 36.82 FEET; THENCE SOUTH 74”20’35” WEST 79.09 FEET, THENCE SOUTH 80’57’35” WEST 125.52 FEET; THENCE SOUTH 28”12’32” WEST 42.59 FEET TO THE NORTHERLY SEWER EASEMENT LINE AS DESCRIBED IN THE DOCUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SAN DIEGO AS FILE NO. 833 17, RECORDED MAY 10, 1965, SERIES 6, BOOK 1965, OFFICIAL RECORD. THE SIDE LINES TO BE PROLONGED AND/OR SHORTENED SO THAT SAJD LINES SHALL BE CONTINUOUS AND SHALL TERMINATE AT THE NORTHERLY LINE OF THE ABOVE SAID SEWER EASEMENT. EXCEPTING FROM THE ABOVE DESCRIBED EASEMENT ANY PORTION THEREOF NOT LYING WITHIN THE ABOVE LANDS OF THE GRANTOR HEREIN. C:UbfSOFFICE\WINWORD\9607esmt.doc tiAAGW AQiYA HEDfL?M?A PORVCJY !3F LO7 */” MAP 323 EMS79Nc 20’ ME Sam Exziawrmm &337 aft. REM MAY fQ f&R5 v-q.&+$~ /7/ / - /- -- s - /-’ -c- -- - - -. -- =+===/-:-- - -- - -/----/-H -7-l - - - - - -b R’AffCHO AaUA ffGD”ffDA ?0mmY w LOl 7: MAP 323 l . FmmvGYmE-MwnwM~ AS!%OmYGHvRS ?&W-f; L& N 6U25%f 111 4040 CERTIFICATION FOR ACCEPTANCE OF DEED ._ I_,. ::, / s ::j 2 ” ,s_.y ,“. s : c:; ,qG, .: ; : : : .:x3 ‘:, .>“. ‘> )I : 1: g: :t;:. :. $ 5 jl.. ‘I :i j; :“,;$‘.’ : i::;: ! :: L, This is to certify?h~t the interest in real property conveyed by the deed or grant dated October 5, 2000, from Kelly Land Company, to the City of Carlsbad, a Municipal Corporation, Wthe City of Carlsbad, a Municipal Corporation, is hereby:accepted by the City Council of theCitjr&f Carl&bad, California, pursuant,to Ordinance No. W-422, i.’ S’, adopted on Septemb&fl‘G, 1997, and the grantee,consents to the recordation thereof i by its duly authorized%ficer; :(: ,’ ._ :s. ::, > j,i ^. DATED: December 15,200O ,/&NICE BREITENFELDL” “city Clerk