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HomeMy WebLinkAbout3190; Real Estate Collateral Management Company; 2002-0609789; EasementRECORDING 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 4 fee as it is to the benefit of the, Please record the document at no District (Gov. Code [6103].) JUL 19. 2002 4-09 PM W DIEGO WW REMRDER'S OFFICE rnICIlY REm GREGORY J. SnITHs CWNTY REMRoER FEES: 0.00 E: EYI Space above this line for Recorder's use. The undersigned grantor(s) declare@): Documentary transfer tax is $o.oO~b' Assessor's Parcel No.: 223-071-09-00 ( ) computed on full value of property conveyed, or Project No. 8, Name: 3190 ( ) computed on full value less value of liens and Rancho Santa Fa Road encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. PR 02-09 ROBERT JmOJCIK, D&y City Engineer GRANT DEED OF WATER LINE EASEMENT Real Estate Collateral Management Company, a Delaware Corporation, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, 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, 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 not limited to, erosion control facilities, fences, gates, doors, locking devices, alaLms, lights, and all other protective facilities and devices. The use shall also include a means of 1 Hmevelopmnt SBNCiBdIMaslerSIDBedS-GTBnt Deeds-EaSementdGranl Deed of Water Line ~asernent 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 THE 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. Executed by the Grantor this day of fM,*../ 20 @z . GRANTOR: Real Estate Collateral Management Company, a Delaware .. By: (sign here) By: (sign here) (print name and title of signatory) By: (sign here) By: (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, empowering that officer 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.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL WDevelopment ServcieslMaslera/DeedrGrant Deeds-EasemenldGranl Deed of Water Line Easement 2 THE STATE OF ) ) r/k"@* COUNTY OF &&kDE@@ fled ) On & 20a-3 before me, BQm, d! /%*HZ, (name of Notary Public), gNotary Public in and for said State, duly commissioned and sworn, personally appeared ge ~,'b/& LrA & , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires: (NO~~IALSEAL) EXHIBIT "A RECYCLED WATER EASEMENT THAT PORTION OF SECTIONS 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, TICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3.5" DIAMETER BRASS DISK IN A 2.5' X 4' BOULDER STAMPED "LOMAX" PER ROS 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 9, 1993; THENCE NORTH 79'0525" WEST 56,764.62 FEET TO A 2.5" NUM ACCESS COVER PER SAID ROS 14310; THENCE SOUTH 34'35'23'' EAST 21,332.54 FEET TO A WELL MONUMENT AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON FILE AT THE CITY OF CARLSBAD AS CORDER OCTOBER 4, 1990, SAID MONUMENT BEARS NORTH 38'47'37" EAST (NORTH 38'50'03'' EAST, RECORD PER ROS 12915) FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IMPROVEMENT PLANS AND ROS; THENCE CONTINUING NORTH 38'47'37" EAST 146.07 FEET TO THE BE- EASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'48'07" A DISTANCE OF 1,376.08 FEET; THENCE TANGENT TO SAID CURVE NORTH 82'35'44" EAST 284.53 FEET TO THE STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PAR- DIAMETER ALUMINUM DISK STAMPED "HPGN CA 11 07" SET INSIDE A 6 ALUMI- DWG. NO. 262-1 AND ROS 12915 FILED IN THE OFFICE OF THE COUNTY RE- GINNING OF A TANGENT 1,800.00 FOOT RADIUS CURVE CONCAVE SOUTH- BEGINNING OF A TANGENT 2,400.00 FOOT RADIUS CURVE CONCAVE NORTH- ERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEN- TRAL ANGLE OF 2'47'41" A DISTANCE OF 117.06 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78'18'17" A DISTANCE OF 3280.02 FEET; THENCE TANGENT TO SAID CURVE NORTH 1'29'46'' EAST 674.78 FEET TO THE BEGINNING OF A TANGENT 2,400.00 FOOT ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'30'33"A DISTANCE OF 607.76 FEET; THENCE RADIAL TO SAID CURVE SOUTH 73'59'41" EAST 63.00 FEET TO A POINT ON A CONCENTRIC 2,337.00 FOOT RA- DIUS CURVE AND THE TRUE POINT OF BEGINNING, THENCE NORTHEASTERLY ALONG THE ARC OF SAID 2,337.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 00'14'43" A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID CURVE SOUTH 73'59'41'' EAST 18.16 FEET TO A POINT IN THE WESTERLY LINE OF AN EASEMENT TO VALLECITOS WATER DISTRICT RECORDED MARCH 24, 1992 AS FOLLOWING COURSES: SOUTH 16'0035" WEST 41.16 FEET (SOUTH 15'57'08'' WEST, RECORD); SOUTH 41'28'50" WEST 10.96 FEET (SOUTH 41'25'23" WEST, CORD) TO A POINT ON THE ABOVE DESCRIBED 2,337.00 FOOT RADIUS CURVE, RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY AND NORTHEAST- DOC. 1992-0162737 OFFICIAL RECORDS; THENCE ALONG SAID EASEMENT THE RECORD); NORTH 81'57'20'' WEST 13.20 FEET (NORTH 82'0047" WEST, RE- 1 OF2 F\WINDATAWOBS\11932-1\VAL-ESMT REVCDOC A RADIAL LINE TO SAID POINT BEARS NORTH 75’02’46” WEST; THENCE LEAV- ING SAID EASEMENT NORTHEASTERLY ALONG THE ARC OF SAID 2,337.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 01’03’05 A DISTANCE OF 42.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.021 ACRES MORE OR LESS THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO- PRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). ” I GARY A. LINTVEDT, L.S. No. 4593 MY LICENSE EXPIRES: 9-30-02 F:\WINDATAUOBS\11932-1\VAL-ESMT REV-C.DOC 20F2 LEGEND: THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE @ INDICATES EXISTING EASEMENT APPROPRIATE COMBINATION FACTOR. THE (SEE EASEMENT NOTES FOR DESCRIPTION) COMBINATION FACTOR AT STATION "SM138" Is 0.999941843 (SEE ROS 13928 FOR LOCATION). 0 INDICATES PORTION OF LAND QUITCLAIMED PER DEED INDICATES RECYCLED WATER EASEMENT AS FILE NO. 2002-0079623 O.R., RECORDED JANUARY 30,2002. Q @ A (R) SF INDICATES PORTION OF LAND QUITCLAIMED PER DEED AS FILE NO. 2002-0079622 O.R., RECORDED JANUARY 30,2002. INDICATES PORTION OF LAND QUITCLAIMED PER DEED AS FILE NO. 2002-0029914 O.R., RECORDED JANUARY 14, 2002. WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1 RADIAL SQUARE FOOT TPOB TRUE POINT OF BEGINNING 0 FOUND MONUMENT, AS NOTED 932r3-0l.dgn DATE: 02-07-021W.O. 11932-1 IDRFT: 1K: ICHK'D BY1 US 1 6 ASSOCIAT€3.~-w RANCHO SANTA FE ROAD PLAT FOR RECYCLED WATER EASEMENT s!%Euuu NO SCALE " 1: 60' EASEMENT AND RIGHT OF WAY GRANTED TO THE 18. 20' EASEMENT GRANTED TO VALLECITOS COUNTY OF SAN DIEGO RECORDED JANUARY 21,1930 IN BOOK 1737, PAGE 4 OF DEEDS. WATER DISTRICT RECORDED MARCH 24, 1992 AS FILE NO. 1992-0162736 O.R. 2. 1OO'EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED 19. AN EASEMENT GRANTED TO VALLECITOS APRIL 19,1954 IN BOOK 5208, PAGE 403 AND WATER DISTRICT RECORDED FEBRUARY 5,1954 IN BOOK 5132, PAGE 342, BOTH O.R. MARCH 24, 1992 AS FILE NO. 1992-0162737 O.R. 3. 3O'EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL WATER DISTRICT RECORDED OCTOBER 27,1971 AS 20.60' ROAD EASEMENT GRANTED TO THE CITY FILE NO. 247284 O.R. OF CARLSBAD RECORDED JANUARY 30, 2002 AS 2002-DO79623 O.R. 8. AN EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL 21. A ROAD EASEMENT GRANTED TO THE CITY WATER DISTRICT JULY 25, 1980 AS FILE OF CARLSBAD RECORDED JANUARY 30, 2002 NO. 80-233967 O.R. AS 2002-0079622 O.R. BLlC UTILITY AND TREE PLANTING EASEMENT 22. A ROAD EASEMEF OF " AS 9. 10' PU DEDICATED ON MAP 7950. CARLSBAD RECORDED JANUARY 14, 2002 2002-0029914 O.R. JT GRANTED TO THE CITY 10.200' EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MARCH 23, 1954 IN BOOK 5179, PAGE 433 O.R. 11. 2OO'EASEMENT AND AN ADDITIONAL 2O'ON EACH SIDE FOR TREE TRIMMING GRANTED SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED APRIL 19,1954 IN BOOK 5208, PAGE 399 O.R. 13.150' EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED OCTOBER 20,1958 IN BOOK 7307, PAGE 304 O.R. 15.AN EASEMENT GRANTED TO OLlVENHAlN WATER DISTRICT RECORDED JULY 25,1980 AS FILE NO. 80-233968 O.R. 16.AN EASEMENT GRANTED TO SAN MARCOS COUNTY WATER DISTRICT RECORDED SEPTEMBER 23,1980 AS FILE NO. 80-308501 O.R. 17.AN EASEMENT GRANTED TO SAN MARCOS WATER DISTRICT RECORDED SEPTEMBER 23,1980 AS FILE NO. 80-308502 O.R. WNCHO SANTA FE ROAD PLAT FOR RECYCLED WATER EASEMENT ?E& ESTATE COLLATERAL "CEMENT COMPANY (R.E.C.M.) MT.2OF6 CERTIFICATE OF COMPLIANCE PARCEL A 89-680019 223-060-32 RANCHO SANTA FE ROAD PLAT FOR RECYCLED WATER EASEMENT REAL ESTATE COLLATERAL MANAGEMENT COWAElY (R.E.C.M.) SHT. 5 OF6 I I I I 132r3-04.dbn I t RANCHO SANTA FE ROAD PLAT FOR RECYCLED WATER EASEMENT B PROJECT NO. EXHIB~ 3190 REAL ESTATE COLLATERAL MANAGEMENT COMPANY (R.E.C.M.) M.4CF6 \ Q32r3-05.dgn RANCHO SANTA FE ROAD PLAT FOR RECYCLED WATER EASEMENT B PROJECT NO. EXHIBIT 3190 REAL ESTATE COLLATERAL MWMENT COMPANY (R.E.C.M.) MT.5OF6 / \ / \ \ \\ \\ /I /I \' /I \\ \ \\\// / / \../ I 200 /O SCALE: 1 " = 832r3-06.dan 200' RANCHO SANTA FE ROAD PLAT FOR RECYCLED WATER EASEMENT B PROJECT NO. EXHIBIT 3190 REAL ESTATE COLLATW MANAGEMENT COMPANY (R.E.C.M.) SHT.6 OF6 I \ 13 I CERTIFICATION FOR ACCEPTANCE OF DEED "his is to certify that the interest in real property conveyed by the deed or grant dated April 4,2002, from Real Estate Collateral Manaeement Comuanv, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: w