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Home My WebLink About89-C-302; Carlsbad Unified School District; 2000-0114184; EasementRECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 3709 DOC # ~~#~-01141~4 Mar 079 2ocm II:33 API OFFICIAL HXORDS SAN DIEGO COUNTY RECORDEH’S OFFICE GREGORY ;iE;MITH, COU~T~~E~~DE~ . ccl 'wi Please record the document at no fee as it is to the benefit of the yrict (Gov. C&s [6103].) 5om 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, receipt of which is hereby acknowledged. Assessor’s Parcel No.: 215-050-62 & 215-062-74 Project No. & Name: 89-C-302 AVIARA OAKS MIDDLE SCHOOL CARLSBAD MUNICIPAL WATER DISTRICT - - &*nA WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT / CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATIONAL FACILITIES CORPORATION 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 1 08/l 7198 Rev. ‘. . I 3710 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. 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. ted by the Grantor this day of $&enL&, 1 Y GRANTOR CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATIONAL FACILITIESRDRPORATION &ame of grantor) // By: SemLcL, (title of sign&q) (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.) CMWD 89-C.302 08117198 Rev. . . .’ 3711 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated JANUARY 12 ,2OOO,from Carlsbad Unified School Dist. Educational Fat. Cor 8 the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: l/12/00 CMWD 89X.302 . +2, .2%d LORRAINE M. WOOD, Secretary 11/03/97 Rev. 3712 Aviara Oaks Middle School CMWD Job No. 89-C302 Sheet I of 2 Exhibit ‘A’ Legal Description Water Line Easement Being a portion of the southwest quarter of the northwest quarter of section 26, township 12 south, range 4 west, San Bernadino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government surveys, approved October 25, 1875 and April 21, 1890, being more particularly described as follows: Commencing at the northeast corner of the south half of the west half of the north half of the south half of the northwest quarter of said section 26; thence along the north line of the south half of the west half of the north half of the south half of the northwest quarter of said section 26, North 89” 24’ 05” West, 1338.77 feet to a point on the westerly line of said section 26, said point also being on the westerly sideline of an existing 20.00 foot wide water easement dedicated to Carlsbad Municipal Water District per document number 156084 of official records, recorded September 27, 1966; thence along said westerly line South 00” 42’ 22” East, 163.50 feet to a point on the northerly sideline of an existing 30 foot wide water easement dedicated to Carlsbad Municipal Water District per document number 1994-0337927 of official records, recorded May 23, 1994; thence leaving said westerly line and along said northerly sideline North 78” 22’ 39” East, 27.51 feet to the beginning of a tangent 85.00 foot radius curve concave to the southwest; thence southeasterly along the arc of said curve through a central angle of 102” 17’ 38” a distance of 151.76 feet; thence South 00” 40’ 17” West, 54.31 feet along the easterly sideline of said water easement to the TRUE POINT OF BEGINNING of Parcel 1 which is further described as follows: Parcel 1: From the TRUE POINT OF BEGINNING, being on the centerline of a 20.00’ wide waterline and access easement, said easement being 10.00’ each side of the centerline described by the following numbered courses: 1. S 89” 17’ 33” E, 227.68 feet to a terminus point. 2. N 89” 17’ 33” W, 64.18 feet returning along centerline to an angle point. 3. N 00” 42’ 27” E, 124.48 feet. 4. N 45” 42’ 28” E, 18.98 feet. 5. N 76” 34’ 16” E, 5136 feet, 6. N 60” 42’ 26” E, 172.55 feet to a terminus point. The sidelines of said 20.00 foot wide easement being extended and/or foreshortened so as to terminate at right angles to the centerline at the terminus points, or the sidelines of aforesaid easement per Document 1994-0337927, O.R. recorded May 23, 1994 as such may apply. 3713 Sheet 2 of 2 Exhibit ‘A’ Parcel 2: (Water Meters) From the TRUE POINT OF BEGINNING described above at Parcel 1; thence S 89” 17’ 33” E, 163.50 feet to the TRUE POINT OF BEGINNING of Parcel 2; thence along the following numbered courses: 1. S 89” 17’ 33” E, 32.70 feet. 2. N 00” 42’ 27” E, 25.00 feet. 3. N 89” 17’ 33” W, 32.70 feet. 4. S 00” 42’ 27” W, 25.00 feet to the TRUE POINT OF BEGINNING of Parcel 2. Parcel 3: (Angle Point) From the TRUE POINT OF BEGINNING described at Parcel 1 above, being on the centerline of a 30.00’ wide general utility and access easement, said easement being 15.00’ each side of the centerline described as follows: 1. S 89” 17’ 33” E, 20.00 feet to the terminus of Parcel 3. The sidelines of said 30.00 foot wide easement being extended and/or foreshortened so as to terminate at right angles to the centerline at the terminus points, or the sidelines of aforesaid easement per Document 1994-0337927, O.R. recorded May 23, 1994 as such may apply. . . * * I ‘: w .“Ir .*:,a c , . . . fixkfi6lT ‘6’ 3”++ ;2y;RTg WEST 112 OF THE NORTH ESTERLY LM OF SEC. 26 AND l/2 OF THE SOUTH It2 *C 5 WESTERLY SlDELlNE OF 20 OF THE NORTHWEST 114 WATER EASEUENT PER OF SECTION 26 DOC. NO. 156084, O.R. RECORDED 09-27-1966 OF BEGINNING I . .-’ NOR-y LIJE - (W7~$4~05~\c/ wa./+> - 1 ,r V * 14 139’17’33”rcl 32 a70 ti 00~42’ 27”~ 2500’ " OF BEGINNING. (PAt?C &. L 2) ‘* LEGEND: I I&@ INDKATES RECORD DATA ON THE EASTERLY AND NORTHERLY SIDELINE OF WATER EASEUENT DEDICATED TO CARLSBAD WATER DISTRICT PER DOCUMENT NO. 1994-0337927, O.R. RECORDED MAY 23, 1994. 90: t pm*cEL \ ( S89’/9’43”E j @ ,-. bOt?THERLY SIDEWE p.~~~.-z-~-~r f:.i:i. ,L. i -..i: :-.y; p#aza% 2 , * . . ~AIZCEL 3 . . I RICHARD. M. MATTOX, CfVlL . 593 &ACK HDRNE ,AVENUE ENGINEER, ON, i!A 92020 (TEL.)466-9841 PREPARED FOR’ ’ *,’ AVIARA OAKS IU!DDLk SCtfCwL CARLSBAD UNIFIED SCHC% DiS?-RlCT Water Line Easement CMWD Project No. 89-C.302 DRAWN l3Yt -'M OATE c : 4/* APM&f.?~S.?+~ CHECK& 9Y: k$%+ SCALE: \“&d l . c I, * ’ 4 3715 STATE OF CALIFORNIA 1 COUNTY OF &VI 0 ie<i) ; “’ On $I) eccn b er \q,\499 before me, du&ih G. Cund~, tibb, W,I;Q DATE NAME AND TITLE OF &CER personally appeared 3 c Cl hmes . AkSbh a,h (hi eke\ s-Lb NAME(S) OF SIGNER(S) fl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F NOTARY 0 / (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 89-C.302 06/14/95 Rev.