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HomeMy WebLinkAbout3843; Time Warner Cable LLC; 2006-0820762; Easement11049 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 the document at no fee as it is to the benefit of the District (Gov. Code [6103].) ft, Of vcm DOC# 2006-0820762 NOV17, 2006 1:38 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 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. Space above this line for Recorder's use. Assessor's Parcel No.: 209-041-29 Project No. & Name: CIP 3843 CARLSBAD MUNICIPAL WATER DISTRICT _ WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Time Warner Cable, LLC does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, 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, 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 11050 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 13thdav of October 2Q06 GRANTOR: Time Warner Cable, LLC By: (sign(4*«?fe) Robert A. Jones, Vice President Engineering, Officer (print name and title of signatory) t By: flWUtvUsQ^ l/lAjZ&uMs " (sign here) Marlene J. Mitchell, Executive Secretary (print name and title of signatory) By: (sign here) _Byj :(title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 11051 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of penally appeared ?jj(ff{, A. jflflfS flft MOLLY WD6NHOUR Commission 4M520879 Nokxy PuMc • CoMomto Son Diego County MyCo>nm.gxp>«Oct21.200»| Name(s) of Sigrlerts) ^''personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fyare subscribed to the within instrument and acknowledged to me thafrteteh^/they executed the same in "n"igrt»«t/their authorized capacity(ies), and that by nf&tiej'/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 EXHIBIT "A 11053 AN EASEMENT OVER, UNDER, UPON AND ACROSS A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER 16, 1896, BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 13199, FILED ON FEBRUARY 29, 1984, IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, THE NORTHERLY LINE OF SAID PARCEL 1 BEARS NORTH 83°05'20" EAST (NORTH 83°02'44" EAST PER PARCEL MAP NO. 13 199); THENCE NORTH 27°21'21" WEST, 72.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 27°2 1 '2 1 " WEST, 55.50 FEET; THENCE NORTH 62°52'45" EAST, 22.50 FEET; THENCE SOUTH 27021'21" EAST, 55.50 FEET; THENCE SOUTH 62°52'45" WEST, 22.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.029 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION A^MAND A. PLS 5941 DATE K:\SURVEY\DATA\0837\Legals\flow-control.wpd W.O. 530-0837-100 11053 VICINITY MAPNO SCALE: SCALE 1"' = 40' APN 209-041-29 PARCEL 1, PA/J 10080 s/TF1 ~J = EASEMENT 0.029 AC.± S'LY LINE PARCEL 1 PM 10060 N 62'52'45"E 22.50' POR. LOT B OF RANCHO AGUA HEDIONDA, PER DEED RECORDED JULY 02, 2001 AS DOC/ 2001-0448326 S 62"52'45 W 22.50' TIE LINE ONLYTPOB POC NW'LY COR. PCL 1, PM 13199\ APN 209-041-29 PARCEL 1, PM 13199 AptiAND A. MAROf EXP. 12/31/04 EXHIBIT "B'EASEMENT PLAT-CITY OF CARLSBAD L.S. 5941 SHEET 1 OF 1 APPLICANT:PREPARED BY: BHA INC. 5115 AVENIDA ENCINAS SUITE L CARLSBAD, CA 92008 (760) 931-8700 PROJECT: C.M.W.D. EL CAMINO REAL 24" TRANSMISSION MAIN CONTRACT NO. 38431 A.P.N.: 209-041-29 Date: 05/13/2003 W.O. 530-0837-WO flow-control-platdwg 11054 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated October 13. 2006. from Time Warner Cable. LLC. 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: November 8. 2006 sfeistant Secretary