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HomeMy WebLinkAboutCMWD 92-406; ROBERTSON, BRIAN & GARY; 1998-0805493; Easementx. 0 t *.- RECORDING REQUESTED BY I Brian K. Robertson and Gary W. Robertson AND WHEN RECORDED, PLEASE MAIL TO: City Clerk/District Secretary City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 F, p=' i;;;$ .... ... i 7.: I., % 0- :v7.> -8 ...... F ."......._ ..$ .- <. i .... ," . .- ,LAL .= . E..' : ,-,- ..... . ... .... .-. ;,:? <-:; !-,? :$.'!. 5 "" --.= s.-$ -..-.' - 9 -'. . ..... .. .-:_ _=: -3 k:.2 T"d-?.,-=.- -i 5" ..... _. . 2 :, i i !! : . E ::. ". - - A= _= 7"- I :=g" -= ; -? "1 -- 5 i-;? ::I? <" -2 >-.'-.x -I :? i "7 7 c. 2 ; $, .. -. 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The undersigned grantor(s) declare(s): Assessor's Parcel No. 168-040-30 Documentary transfer tax is $ 0.00 Project No. & Name 92-406, 12-Inch Calaver ( ) computed on full value of property conveyed, or Recvcled Water Transmission Main and 12- ( ) computed on full value less value of liens and South Agua Hedionda InterceDtor Sewer Pi ( ) Unincorporated area: (X) City of Carlsbad , and encumbrances remaining at time of sale. Reaches SAHTPA and SAHTPC FOR A VALUABLE CONSIDERATION, CITY OF CARLSBADKARLSBAD MUNICIPAL receipt of which is hereby acknowledged. WILLIAM E. PLUMMER, District Engineer " GRANT DEED OF EASEMENT FOR WASTEWATER PIPELINE AND RECYCLED WATER LINE BRIAN K. ROBERTSON AND GARY W. ROBERTSON, AS TENANTS IN COMMON EACH AS TO AN UNDIVIDED 'L INTEREST does hereby grant to City of Carlsbad, a Municipal Corporation, and CARLSBAD MUNICIPAL WATER DIS Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carls successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the con operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repai designed for the general purpose of collecting, storing, transporting, pumping and treating all recycled n wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and i 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 WE and recycled water and all facilities and structures associated with said uses which are designed to facilitate the I 1 10l2i -. 0 0 : . protect the facility from natural and other forms of damage including, but not limited to, erosion control facilitil gates, doors, locking devices, alarms, lights, and all other proteGtive facilities and devices. The use sha\\ a\sl means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, ins1 reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that nr and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be u Grantor or any other person or entity, including other utilities, whether public or private, for uses whether cor incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the GRANTOR this 3 day of 6 C,n 0 th - BRIAN K. ROBERTSON AND GARY W. ROBERT, Gil/tv I L) &jLJertr;c?~ (title 3 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 one officer corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empow officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the F execute this instrument.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the F execute this instrument.) -. APPROVED AS TO FORM: RONALD R. BALL, City Attorney/General Counsel By: h!GLLb il- +L,? -1, Assistant Cit&torney/Assistant General Counsel CMWI 2 I 0/2; * 0 0 STATE OF CALIFORNIA 1 COUNTY OF ssr\ b1CY.i 0 1 ss. On 4-1s -9K before me, ;-J- Ti."\ cE&caq DATE NAME AND TITLE OF OFFICER 6 tu- ;r\ \R! . L h?.\". 3 '. personally appeared NAME$) OF SIGNER(S) 0 personally known to me - OR - b proved to me on the basis of satisfactory evidence to be the person name(4 is/W subscribed to the within instrument and acknowledged to me that he4sbeMq executed thc his- authorized capacity@), and that by his/henWreVsignature&J on the instrument the person(4, or upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. 17 NOW Pubfie - CJlfOfnh San Owgo County t / M$m4<. SG~ATURE OF NOTARY (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above I CMWD 92-406 06/18 .. 0 0 .. 1 a"* STATE OF- 1 COUNTY OF LA?& H i ss. OnOcr 7, I qq8 before me, ~~&C&X-LL (JYc {r3 re; k personally appeared @&?-I Ad P-oby-fb fJ /- DAT NAME AND TIM OF OFF\C€R NAME(S) OF SIGNER(S) '$ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the persorl name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed thf his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ? I\ -.- I,.. ~LkCh"- A 'ti2 ~9)')hL ,"Vkb SIGNATURE OF NOTARY Q4?os-3, x I& kc, ,*p.* .% 'Pi/.=. j 2e~ 3 (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above I CMWD 92-406 06/1, $ -. .. 0 !* ‘0 -. EXHIBIT “A” LEGAL DESCRIPTION APN 168-040-30 EASEMENT THAT PORTION OF LOT “D” 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 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF THAT LAND DESCRIBED If THE DEED TO BRIAN K. ROBERTSON AND GARY W. ROBERTSON, RECORDED DECEMBER 22, 1976, AS FILUPAGE NO. 76-430366 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EAST LINE OF SAID PARCEL 1, SOUTH 01°15’01” EAST, 138.17 FEET; THENCE LEAVING SAID EAST LINE, NORTH 18”28’44” WEST, 145.96 FEET TO A POINT IN THE NORTH LINE OF SAID PARCEl 1; THENCE ALONG SAID NORTH LINE SOUTH 89O36’20” EAST, 43.25 FEET TO THE POIN‘ OF BEGINNING. 9°F 7-3/-9t JOHN W. HILL, JR. L.S. 5669 I”ER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 C.M.W.D. 84-501 :DA \\Pcserver\MAPPING\Legals\l941 McMillin\004A03.DOC wo 1941-04 713119a ' /I * 1 :l e 0 107 MDu I ng I 66 APN 168-040-29 I PQS7JoAJ LOT Y * %A IYC~IO A GUA f-ld~l~l' I/- QQ (3 Q) Y- z\ > Rd 9 S:q 34 tQ en JM/\P NOJ 823 \ APN 168-050-02 L< LL N.E. COR. OF PARc;EL 1 OF THE LAND QQ IN DEED TO BRL4N K. ROBERTSON All q cc AS FILE NO. 76-430366 OF OFRCML """" W. ROBERTSON RECORDED DECEMEER I N 01'15'01W 138.17' APN 168-040-30 S G'F S J!&P NO, 68 i RECORDED 4/01/58, FILE NO. \ \ ', 51674, BK. 7016, PG. 536, O.R. \ ' \ '\ APN 168-050-29 \ "" """" P 3, ' \\ ' /- /' vA INDICATES EASEMENT 0.069 ACRE '\ K/' \ \I\ m c :so HUNSAKER &ASSOCIATES * Gp. 9-30- NO. 56E IAN DlEGQ INK 200 0 200 400 600 WNc mHantaastsrbc100 OF CM\' BK" hDigqGm mm FM(6l9bb4SWJ-"9)S.UUW SCALE 1 " = 200' SHEU GS5UENT PLAT - CIN OF CARLSBAD/CARfS&4D MUNICIPAL WATER DISTRIC APPLICANT: HSEMENT > P 4 9 7-31- tp 5950 EL WINO REAL WWLSBAD MUNICIPAL WATER 0157; PROJECT: PREPARED BY: r 68-040- c4RLSBaD, CA 92008 (760) 438-3367 JOHN W. HILL. JR. L.S. 5669 EXPIRES 9/30/99 C.M. W. D. 84-50 1 EXHIBIT A.P.N.: .i .. e 0 .. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dat October 7 , IS=, from BRIAN K. ROBERTSON AND GARY W. ROBERTSON, 1 TENANTS IN COMMON EACH AS TO AN UNDIVIDED Y2 INTEREST to the City of Carlsbad, a politi corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on bet of the City of Carlsbad, California, pursuant to authority conferred by Ordinance No. NS-422 of the Cit) Carlsbad adopted on September 9, 1997, and the grantee consents to recordation thereof by its dl authorized officer. DATED: October 30, 1998 Clerk KAREN R. KUNDTZ, Assgtant City Clerk CMWD 92-406 1 1 /03/97 Re1 .: .' , e e *. , I CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dat October 7 , 19 96 , from BRIAN K. ROBERTSON AND GARY W. ROBERTSON, 1 TENANTS IN COMMON EACH AS TO AN UNDIVIDED % INTEREST to the Carlsbad Municipal Wa District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, as amended, is here accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsb: California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water Distr adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authoriz officer . DATED: October 30, 1998 CMWD 92-406 KAREN R. KUNDTZ, Aszistant Secreta1 1 1 /03/97 Re\