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Home My WebLink About3905; Dunn, Jim; 2004-0788497; 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 the document at no fee as it is to the benefit of the District (Gov. Code [6103].) AUG 19,2004 935 AM OFFICIAL RECORDS 5.4~ DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 nr. NA UL. I Space above this line for Recorder's use. 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, ich is hereby acknowledged. Assessor's Parcel No.: 156-051-24 Proiect No. & Name: Project No. 3905, Highland Drive Water Service Easement CARLSBAD MUNICIPAL WATER DISTRICT -cI GRANT DEED OF WATER LINE EASEMENT JIM DUNN, an unmarried man, 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, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access H:/Development Servcies/Masten/Daeds-Grant Deeds-EasemenWGrant Deed of Water Line Easement 1 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 5 t h day of ~9 20p 4 . GRANTOR: JIM DUNN (print name and title of signatory) 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.) (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 By: H:IDeveloprnent ServciedMastedDeeds-Grant Deeds-EasemenWGrant Deed of Water Line Easement 2 EXHIBIT “A” LEGAL DESCRIPTION VESTING: JIM DUNN, AN UNMARRIED MAN APN: 156-051-24 PARCEL A WATER SERVICE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3 1, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN FOLLOWS: GRANT DEED RECORDED APRIL 6,2004 AS DOCUMENT NO. 2004-00289799, DESCRIBED AS COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 77” 28’ 46“ EAST 60.00 FEET, ACCORDING TO RECORD OF SURVEY MAP NO. BEING THE NORTHWEST CORNER OF THE NORTHERLY TERMINUS OF HIGHLAND DRIVE; 13744, RECORDED ON MAY 07,1992 AS FILE NO. 92-276364 OF OFFICIAL RECORDS, ALSO THENCE ALONG SAID CERTAIN COURSE NORTH 78” 05’ 01” EAST 29.46 FEET (RECORD NORTH 77’ 28’ 46” EAST PER RECORD OF SURVEY MAP NO. 13744) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CERTAIN COURSE NORTH 78” 05’ 01” EAST 10.00 FEET; THENCE LEAVING SAID CERTAIN COURSE AT RIGHT ANGLES NORTH 11” 54’ 59” WEST 5.00 FEET; THENCE PARALLEL TO SAID CERTAIN COURSE SOUTH 78’ 05’ 01” WEST 10.00 FEET; THENCE LEAVING SAID PARALLEL LINE AT RJGHT ANGLES SOUTH 1 1 ” 54’ 59” EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 50 SQUARE FEET MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT “B” THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE MICHAEL SCHLUMPBERGER, PLS 7790 PROFESSIONAL LAND SURVEYORS No.7790 /i CARLSBAD MWD WATER ESMT.DOC i CI CI m Y Y I- - m I X LLI 3 I hl 0 b P a3 a3 z / ,EL'SOZ 3 .81,SE.00 N/ I \ - ,S8'1S 1 3. L1,PE.OON m ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of SAN DIEGO On 8/5/04 , before me, CHARLENE TAYLOR-ELDER, Notary Ppbl Name and Title of Officer (e.g.. "Jane Doe, Notary Public") Date personally appeared Jim Dunn Name@) of Signer(s) Ixi personally known to me 0 proved to me on the basis of satisfactory evidence to be the perso* whose name(@ ish subscribed to the within instrument and acknowledged to me that hekkxdhq executed the same in hishKm& authorized capacityW% and that by his/kdMr signatur-on the instrument the person(x), or the entity upon behalf of which the person@) acted, executed the instrument. Place Notary Seal Above 0 PTlO NA L Though the information below is not required by law, if 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 Title or Type of Document: Grant Deed of Water Line Easement Document Date: 8 /5 /O 4 Number of Pages: 5 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: Jim Dunn [8[ Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee C Guardian or Conservator 0 Other: Signer Is Representing: Self u 0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 Chatsworth, CA 91313-2402 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 deed or grant dated August 5, 2004, from Jim Dunn to the 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, 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: August 18,2004 ISABELLE PAUL&