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HomeMy WebLinkAbout38401; CIC Calavera LP; 2004-0788499; 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 Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). The undersigned grantor(s) declare@): Documentary transfer tax is $ 0.00 DOC # 2004-0788499 I lllllll1111 Ilill iilll11ll1 Ill11 11ll111iil llllllill1 lllli 11111 1111 1111 AUG 19,2004 9% AM O FFl ClAL RE CU RD S SAN DIEGU COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 n c. NA P.4 E S : 6 Space above this line for Recorder's use. Assessor's Parcel No.: 168-31 0-05 Project No. & Name: 38401 Woodstock Sewer Pipeline Extension, Calavera Hills Village Y ( ) 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, CITY OF CARLSBAD of which is hereby acknowledged. \ GRANT DEED OF WASTEWATER PIPELINE EASEMENT CIC CALAVERA, L.P., A CALIFORNIA LIMITED PARTNERSHIP 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 devices, alarms, lights, and all other protective facilities and devices. The use shall also HYDevelopment ServiceslMasterslDeeds-Grant Deeds-EasemenldGrant Deed of Wastewater Pipeline Easement 0811719a Rev 1 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. Executed by the Grantor this /q day of h beJ 20&. GRANTOR: CIC CALAVERA, L.P., A CALIFORNIA LIMITED PARTNERSHIP 4 @gn here\) Mmad (title of signatory) (sign here) (title of signatory) ExecurldE b,Rccnd=xsmmJ7 (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.) APPROVED AS TO FORM: RONALD R. BALL ,beputy City Attorney H:/Development ServicedMasterdDwds-Grant Deeds-EasementdGrant Deed of Wastewater Pipeline Easement 08/17/98 Rev 2 EXHIBIT “A” LEGAL DESCRIPTION SEWER LINE EASEMENT VESTING: CIC CALAVERA, L.P., A CALIFORNIA LIMITED PARTNERSHIP APN: 168-310-05 PARCEL A THAT PORTION OF PARCEL 1 OF CITY OF CARLSBAD M. S. 02-09, ACCORDING TO PARCEL MAP THEREOF NO. 19252 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO OF SAN DIEGO, STATE OF CALIFORNIA, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COUNTY ON JUNE 5,2003 AS FILE NO. 2003-0665946, IN THE CITY OF CARLSBAD, COUNTY COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 19252, ALSO BEING THE MOST SOUTHEASTERLY CORNER OF LOT 250 OF MAP NO. 10606 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28, 1983 AS FILE NO. 83-062710; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 19252 NORTH 8O46’21” EAST (RECORD NORTH 8” 45’ 23” EAST) 435.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 82”38’24” EAST 6.65 FEET TO THE BEGIN”G OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 200.00 FEET, THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4”15’44”, AN ARC LENGTH OF 14.88 FEET TO A POINT ON THE WESTERLY LINE OF THAT 39.00 FOOT WIDE GENERAL UTILITY AND ACCESS EASEMENT DEDICATED AND ACCEPTED ON SAID PARCEL MAP NO. 19252 AND THE TERMINUS OF THE DESCRIBED CENTERLINE. THE SIDE LINES OF SAID 20.00 FOOT STRIP SHALL BE PROLONGED OR FORESHORTENED SO AS TO TERMINATE EASTERLY IN SAID WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND WESTERLY IN SAID WESTERLY LINE OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 19252. CONTAINING 43 1 SQUARE FEET MORE OR LESS EXHIBIT ‘B’ A MAP ATTACHED HERETO AND MADE A PART HEREOF THIS DOCUMENT THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH MICHAEL SCHLUMPBERGER, PLS 7790 THE c SCALE SEE DETAIL- HEREON I\/AP -1 0 6 LOT 250 BEGINNING / DENOTES AREA OF EASEMENT AQUlSlTlON 431 SQUARE FEET MORE OR LESS *.. *.. ,... ASSESSORS’ PARCEL NO.: 168-31 0-05 CITY OF CARLSBAD Right-of-way Engineering Services, Inc. VESTING: CIC CALAVERA, L.P. Land Surveying 4167 Avenida de la Plata Ste. 114 - Oceanside, CA 92056 Drawing file name: Caiavera easement plat 168-310-05.dwg DATE: DECEMBER 4, 2003 SHEET 1 OF 1 (780) 732-1366 FAX (780) 732-1367 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. State of California Name@ Signer@) drsonally known to me 0 proved to me on the basis of satisfactoty evidence to be the person@ whose namee-are subscribed to the within instrument and acknowledged to me that beCekeHhey executed the same in lMlm/their authorized capacitm, and that by hi&m/their signature@) on the instrument the persona or the entity upon behalf of which the persoa acted, executed the instrument. WITNESS my hand and official seal. L&& Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer -Title@): 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Association * 9350 De Sot0 Ave , PO Box 2402 * Chatsworfh, CA91313-2402 - www.nationalnotary0rg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated December 19,2003, from CIC Calavera, L.P., to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, 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: August 18,2004 ISABELLE PPJJLSE#J, Deputy I