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HomeMy WebLinkAbout5035; 2500 Navarra Condominium Owners Association; 2017-0446977; Easement7/J RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 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].) The undersigned grantor(s) declare(s): Documentary transfer tax is $___QJ2Q ( ) 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. DOC# 2017-0446977 I llllll 1111111111111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII 1111 Sep 28, 2017 02:24 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COU~JTY RECORDER FEES $0.00 PCOR N/A PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 216-170-49 -----------Project ID: Project No. 5035 Related Project ID: Dwg No. 503-4 Related Project ID: Project Name: La Costa Water Main Replacement GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), 2500 Navarra Condominium Owners Association, Grantor(s), does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, Grantee, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, its successors and assigns, a public water easement. Purpose: the public water 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, transp::irting, 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 reconstructing said facility. Q:\Public Works\PW Common\Capital Improvement Program Projects\5035 La Costa Watermain\Easements and Access Agreements\2500 Navarra HOA\Grant Deed of Easement CMWD_2500 Navarra HOA_Final 6-26-17.doc REV 01/25/13 The uses described herein shall be exclusive to the Grantee. Granter 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 Granter or any other person or entity, including other utilities, whether public or private, for uses that are incompatible with the uses described herein without the express written approval of the Grantee, except that Granter, its residents, members, guests, and invitees may continue to use the existing driveway within the easement for ingress and egress and Granter may access the easement to maintain, repair and replace the existing driveway. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. Executed by the Grantor this l a.t'-day of k.;,-20(7 GRANTOR: (sign here) L~ .:L.__,,yJ , ·7_:) c o n i>-.-V .. L,'-0\_ A.__ (print name and title of signatory) By: ~.Gft_ (sign here) name and title of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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.) Q:\Public Works\PW Common\Capital Improvement Program Projects\5035 La Costa Watermain\Easements and Access Agreements\2500 Navarra HOA\Grant Deed of Easement CMWD_2500 Navarra HOA_Final 6-26-17.doc REV 01/25/13 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notaiy public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity' of tl1at document. State of California County of ~<--~~--~-SAMUEL O FLORES Notary Public On ~",I. /(, / '26'(7 before me, v --------------------- O ate Here Insert Name and Title of the Officer personally appeared ~ a(./U(, s--~'l Ci\-~~.g;, ----- Name(s) of Signer{s) ~~-'2.-Q_ D ch~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) _)g{are subscribed to the within instrument and acknowledged to me that~they executed the same in hiether/their authorized capaci~(ies), and that by ~their signature(s) on the instwment the person(s), or the entity upon behalf of wnich the person(s) acted, executed the instrument. r·· 9 a SAMUEL o. FLORES ·1 .,. ,..... COMM. #2047918 o 0 , NOTARY PUBLIC-CALIFORNIA ~ ~ ~· SAN DIEGO COUNTY ,.. L: ' · My Commission Expires I DECEMBER 1, 2017 _ U I l - Place Notary Seal Above I cetiify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~~~ Signature of Notary Public --------------OPTIONAL-------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number· of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ----------~· Signe(s Name: ___________ _ fl Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attomey in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ t'2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Q:\Public Works\PW Common\Capital Improvement Program Projects\5035 La Costa Watermain\Easements and Access Agreements\2500 Navarra HOA\Grant Deed of Easement CMWD_2500 Navarra HOA_Final 6-26-17 .doc REV 01/25/13 3 EXHIBIT "A" LEGAL DESCRIPTION OF WATER EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 72-33, MAP NUMBER 7594, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 4, 1973 AS FILE NO. 73-088776, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: WATER EASEMENT: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 OF CARLSBAD TRACT NO. 72-33, MAP NUMBER 7594, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 4, 1973 AS FILE NO. 73-088776, OFFICIAL RECORDS~ SAID CORNER BEING A POINT ON A SOUTHWESTERLY LINE OF LOT 1 OF CARLSBAD TRACT NO. 03-01-01, LA COSTA RESORT AND SPA, MAP NUMBER 14984; THENCE NORTHWESTERLY ALONG SAID SOUTIIWESTERL Y LINE OF SAID LOT 1 OF MAP NO. 14984, SAID SOUTHWESTERLY LINE BEING THE NORTHEASTERLY LINE OF SAID LOT 1 OF MAP NO. 7594, NORTH 65°06'37" WEST 126.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTH 25°03'17" WEST 13.44 FEET; THENCE SOUTH 64°56'52" EAST 58.08 FEET; THENCE SOUTH 51°41'52" EAST 36.93 FEET; THENCE SOUTH 05°51'37" EAST 19.10 FEET TO A POINT ON THE NORTHERLY LINE OF A CARLSBAD MUNICIPAL WATER DISTRICT 20.00 FOOT WIDE.WATER EASEMENT RECORDED AUGUST 24, 1973 AS FILE NO. 73-238667, OFFICIM, RECORDS; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE, SOUTH 48°26'48" EAST 23.42 FEET TO A POINT ON THE EASTERL YLINE OF SAID LOT 1 OF MAP NO. 7594; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE, NORTH 24°53'19" EAST 8.12 FEET; THENCE LEA VINO SAID EASTERLY LINE, NORTH 05°51 '37" WEST 37.83 FEET; THENCE NORTH 51 °41 '52" WEST 20.17 FEET TO A POINT ON SAID NORTHEASTERLY LINE OF SAID LOT 1 OF MAP NO. 7594; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE NORTH 65°06'37" WEST 87.20 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF2 CONTAINING: 2,214.94 SQ. FT. 0.050 ACRES MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF TIIlS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B"O TIDS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. a DOUGLAS R. MELCIDOR, PLS 4611 LICENSE EXPIRES 9-30-2018 ~ -l~-2017 DATE PAGE20F2 EXHIBIT "B" ~ = INDICAlES WAlER EASEMENT ~ 10 CARl.S8AD MUNOPAL WAlER DISlRICT ARE.A 2.214.94 SQ. FT.± BEING 0.050 A<m'.S ± UCINJJ .. T.P.O.8. = ltOCAlES 1RUE P<JNT OF IEQNNING P.0.8. = INDICAliS PCINT OF BEQNNING ( )= RECCRD DATA PER MAP 11310 & MAP 7594 [ ]= RECORD DATA PER MAP 14984 lHIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION 790-I07-H7S LS. 4811 n,m 01 llllfl'@ 11£ .BASIS OF BEARINGS FOR 111S SUR\U IS A LINE BE1IEEN art OF CARLSBAD CONlROI.. POS1100. a.sB-036 & 03H)2Q PER ROS 17271 1.£. N 3Tl't'd W 3693.47 CH> 0 Q.SB-036 B.V = 133.59 -oo-33"1.91• OUVENHAIN RD VICINITY MAP NO SCALE SHEET 1 OF 2 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT DAlE: 05-15-2017 JATIR IASIJIINT :PLAT IN THE CITY OF CARLSBAD A.P.N. 216-170-49 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA .ltJ 14?4 40 1A COSTA RESORT MAP 14984 LOT 1 • APN 216-592-()1 LOT 3 MAP 7594 GRAPHIC SCALE 0 40 80 SCALE 1" = 40 FEET CARLSBAD MUNICIPAL WATER DISTRICT DAlE: 05-15-2017 1'.ATER IASEJIINT PLAT IN THE CITY OF CARLSBAD A.P.N. 216-170-49 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA .IN Y?4 ~ II = -