HomeMy WebLinkAboutCMWD 88-201; Solamar Homeowners Association, Inc.; 1992-0654520; Easement3
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) RECORDING REQUESTED BY AND ) WHEN RECORDED, PLEASE MAIL TO: )
Carlsbad Municipal Water District ) Engineering Department 1
Carlsbad, California 92008
5950 El Camino Real
)
)
)':
Space above thi.s line for Recorder's use.
Assessor ' s Parcel No. 211-030-7, 34 Project Name & No. Solamar Mobilehome Estates
CMWD 88-201
DOCUMENTARY TRANSFER TAX: None
WATER DISTRICT CARLSBAD MUNICIPAL
- Alet,haL.Rautenkranz,Secre+?ary
Board of Directors
EASEMENT
GOIrRMAR HCMECWI'ERS ASSOCIATION. IW.
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public
Agency organized in the State of California, 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,
1 3/14/91 REV.
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2256 I
fhether 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
md structures associated with said use which are designed to
eacilitate the use and protect the facility from natural and other
Eorms of damage including, but limited to, erosion control
€acilities, fences, gates, doors, locking devices, alarms, lights,
snd all other protective facilities and devices. The use shall
slso include a means of access to and from said facility for the
3urpose of constructing, operating, repairing, maintaining,
inspecting and reconstructing said facility.
. ._
The uses described herein shall be exclusive to the
Zrantee. Grantor herein agrees that no buildings and/or structures
gill 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.
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2 3/14/91 REV.
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit ltB1l attached hereto and by this reference made a part
hereof.
', ehted by the GRANTOR this
_c '2?&* day:-% ~&',?5. ,
>~..' $* ":
19B. ., ,,
,'
,. GRANTOR:. . '
SOLAMAR H-RS FLSS~CIATION, INC.
(name of grantor)
,~
l7& WFMAN, PRESIDENT
,.
(title of signatory)
SALLY CLAF3E. SECRETARY
(title of signatory)
APPROVED AS TO FORM:
RONALD R. BALL
ACT1 ENERAL COUNSEL
,.
By:
9.29.92.
(Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD 88-201
3 3/14/91 REV.
2158
2159
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed
by the grant deed or easement, dated 4 L( G u ST d 0, 19% , from
SOLAMAR ncmc.wmRs ASSXIATION, INC.
to the Carlsbad Municipal Water District, Carlsbad, California, a
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.^ of the Carlsbad
Municipal Water District adopted on January 28, 1992, and the
grantee consents to recordation thereof by it's duly authorized
officer .
LLQLiAL 2. L2zd-L- ALETHA L. RAUTENKRANZ , Secretary
.I
..
2160
EXHIBIT 'A'
LEGAL DESCRIPTION
WATER LINE EASEMENT
An easement over that portion of Lot H of RANCHO AGUA HEDIONDA, in the City of
Carlsbad. County of San Diego. State of California, according to Map thereof
No. 823 filed in the Office of the County Recorder of said San Diego County,
November 16, 1896. as said portion was described in Certificate of Compliance
filed for record in the Office of the County Recorder of said County May 11,
1988 as FileIPage no. 88-222131 of Official Records, said easement being more
particularly described as follows:
BEGINNING AT A POINT, said point being the northwest corner of said portion of
said Lot H: thence along the northerly boundary thereof, North 89' 54' 07' East,
16.50 feet: thence South 24' 44' 20' East, 166.48 feet: thence North 65' 15' 40'
East, 50.72 feet: thence North 42' 49' 48' East, 36.07 feet: thence North 50'
26' 28' East, 49.52 feet: thence North 67' 52' 31' East, 28.52 feet: thence
South 87' 29' 15" East, 50.66 feet; thence South 67' 24' 02' East, 35.74 feet;
thence North 41' 58' 51" East, 88.69 feet; thence North 67' 24' 07O East, 28.60
feet to a point on the easterly boundary of said portion of said Lot H; thence
along said boundary, South 23' 11' 19' East, 15.14 feet: thence departing, South
67' 24' 07" West, 25.68 feet: thence South 41' 58' 51' West, 85.23 feet; thence
South 47' 03' 07' East, 19.41 feet: thence South 26' 33' 12' East, 239.65 feet:
thence South 19' 20' 40' East, 25.89 feet: thence South 13' 43' 52' East, 14.29
feet to a point, a radial line to which bears North 63' 20' 23' East, said point
being the beginning of a non-tangent 55.00 foot radius curve, concave westerly;
thence southerly along the arc of said curve, through a central angle of 51' 40'
58', an arc distance of 49.61 feet: thence tangent to said curve, South 25' 01'
21' West, 32.94 feet: thence North 56' 11' 30' West, 22.66 feet: thence North
42' 37' 58' East, 18.23 feet to the beginning of a tangent 40.00 foot radius
curve, concave westerly; thence northerly along the arc of said curve, through
a central angle of 65' 01' 45', an arc distance of 45.40 feet to a point, a
radial line to which bears North 67' 36' 13'. East, said point being the
beginning of a non-tangent 800.00 foot radius curve, concave westerly: thence
northerly along the arc of said curve, through a central angle of 00' 26' 05',
an arc distance of 6.07 feet: thence tangent to said curve, North 13' 43' 52"
West, 13.83 feet: thence North 19' 20' 40' West, 24.21 feet; thence North 26'
33' 12' West, 236.00 feet: thence North 47' 03 07' West, 29.04 feet;
CMWO 88-201 Sheet 1 of 2 J-7 16A 04/27/92
2161
LEGAL OESCRIPTION
(Cont 'dl
thence North 67' 24' 02' West, 30.36 feet; thence North 87' 29' 15' West,
44.72 feet; thence South 67' 52' 31' West, 22.95 feet; thence South 50' 26'
28' West, 46.23 feet; thence South 42' 49' 48' West, 38.05 feet; thence
South 65' 15' 40' West, 22.60 feet; thence South 24' 44' 20' East, 12.68 feet;
thence South 65' 15' 40' West, 15.00 feet; thence North 24' 44' 20' West.
12.68 feet; thence South 65' 15' 40' West, 16.09 feet; thence South 24' 44'
20n East, 786.54 feet; thence North 65' 15' 40' East, 127.35 feet; thence
South 24' 44' 20' East, 51.07 feet; thence South 37' 56' 39' West, 12.07 feet;
thence North 52' 03' 21' West, 15.00 feet; thence North 37' 56' 39' East, 2.93
feet; thence North 24' 44' 20' West, 26.93 feet; thence South 65' 15' 40' West,
112.35 feet; thence South 24' 44' 20' East, 700.27 feet; thence South 69' 44'
20' East, 38.06 feet; thence North 89' 55' 34' East, 157.09 feet; thence South
00' 04' 26' East, 15.00 feet to a point on the southerly boundary of said
portion of said Lot H: thence along said boundary, South 89' 55' 34' West,
159.79 feet; thence departing said boundary, North 69' 44' 20' West, 46.96
feet to a point on the westerly boundary of said portion of said Lot H;
thence along said boundary, North 24' 44' 20' West, 1696.39 feet to the
POINT OF BEGINNING.
CMWO 88-201 Sheet 2 of 2 J-7 16A 04/27/92
'f@. , " .3
2162
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VICINITY MAP
MOT TO SCALE
CMWD 88-201
WA TER EASEMENT PLA T Ab- SITE DESIGN ASSOCIATES. INC. mw.!swtm.m.vm UHEShC*UK)PNL491OI4 lUMONI: 1649) -7
EXHIBIT "6"
( SOLAMAR MOBILEHOME PARK I JOB NO. 716A I 04/28/92 I SHEET I OF
.. .. .- . .Y
2163 I .,.: . .
/ SEE DETAIL B : SHEET 4
FOR CLARIFl$AJION -
~
- -
WA TER EASEYENT PLA T Sm DESIGN ASSOCIATES. INC
UumkuuRYHuIIDII pYuYB*ll”~L(a EXHIBIT “B ” - raewmcrL(n ( SOLAMAR MOBILEHOME PARK
I
JOB NO. 716A I 04/28/92 ]SHEET 3 OF
'. . 2165
._ I. ~'. . .
DA TA TABLE
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2166 (-
FEIST. VETTER, KNAUF AND LOY
LAW OFFICES
A PmoFLBSIONAL CORPORATtON
el0 H15510N AVENUE, SUllL 300
OCEANSIDE. CALIFORNIA 02040-0240
-057 OFFICE BOX 240
TELEPHONE ,619) 722-1914
May 28, 1992
S. Jerry Whitley Carlsbad Municipal Water District
5950 ~l camino Real Carlsbad, California 92008
Re: 8olamar Homeowners Association, Inc.
Dear Mr. Whitley:
homeowner's association. The association's board of directors This office is legal counsel for the above referenced
has requested that we provide you with information concerning
Municipal Water District for maintenance of a water line within
the proper party to execute a grant of easement to the Carlsbad
the boundaries of the association's property.
formed under Section 1350 of the California Civil Code. The As you may know, Solamar is a condominium project
individual members own "mobilehome spaces'' as shown on the
recorded Condominium Plan. Such mobilehome spaces consist of
airspaces and exclusive use areas as designated in such plan.
Under the association's recorded Declaration of Covenants,
Conditions and Restrictions (CC&Rs) the association, through
operate and manage the project's common area. The common area
its board of directors, has the right and duty to maintain,
spaces. The association thus has control over the physical
is defined as the entire project, excepting the mobilehome
airspaces constituting their mobilehome spaces.
land within the project, with the owners controlling the
The association's CC&Rs specifically provide for the
granting of utility easements within the project by the
association. Article IX Section 9.2 states as follows:
Easements over and under the Project for the 9.2 Easements for Utilities and Maintenance.
installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and
cable or master television antenna lines, drainage
facilities, heating and air-conditioning facilities,
recorded map of the property and/or Certificate of facilities, walkways, and landscaping as shown on the
Compliance in lieu thereof, and as may be hereafter required or needed to service the Project are hereby reserved by Declarant and its successors and assigns,
&'VWO @@-zO/
2167
.%:. Jerry Whitley Carlsbad Municipal Water District
Page 2 May 28, 1992
until the sale of the first Mobilehome Space, and thereafter the Association, together with the right to grant and transfer the same. Said easements shall
be in favor of Declarant, and its successors and
benefit of the Association with respect to all assigns, for the benefit of the Project and for the
recreational and Common Area(s) transferred to the Association.
maintain all utility installations located in the Common Area, Section 9.3 further provides for the association to
except where maintained by a utility company. The mobilehome space owners have the duty to maintain only the heater and air- conditioning system serving their respective spaces.
authority to grant easement rights for utilities servicing the The association is thus the only party with the
mobilehome spaces. Pursuant to Article V Section 5.2 of the
CC&Rs, the authority of the association is conferred on the
Board of Directors. The Board is required to call a meeting
and approve the grant of such an easement by majority vote of
a quorum of directors present at such meeting. The President
of the association, pursuant to the authorization granted to
him by such a board vote, would execute a grant deed for such
easement and such signature would be attested by the
association's Secretary. The President and Secretary of the
association are Ron Chapman and Sally Clarke respectively.
Their signatures will verify the Board action and will be on the grant deed to the Carlsbad Municipal Water District.
Yours very truly,
FEIST, VETTER, KNAUF AND LOY
A Professional Corporation
m/j s cc: Solamar HOA Board of Directors u
c/o Summit Association Management
Attn: Ken Dicenza
Site Design Associates