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HomeMy WebLinkAboutCMWD 98-407; Sarkaria, Daljit and Elaine; 1999-0654898; Easement: - t I .- : * + - RECORDING 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 this document at no fee as it is to the benefit of the City (Gov. Code [6103]). The undersigned grantor(s) declare(s): Assessor’s Parcel No. 206-I 20-36 Documentary transfer tax is $ 0.00 Project No. & Name CMWD 98-407 DOC # 1999-0654898 S8P 27. 1999 8:38 #q-q sfa oFf1c1cy riEalRM m.I am llfmRm’S OFFICE -hmnr’ @ToammER oci ‘M .v, .* Space above this line for Recorder’s use. ( ) 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. FOXES LANDING SEWER LIFT STATION UPGRADE CITY OF CARLSBAD &IL WILLIAM E. P!UMMER, District Engineer GRANT DEED OF WASTEWATER LIFT STATION PIPELINE EASEMENT DALJIT AND ELAINE SARKARIA does hereby grant to City of Carlsbad, a Municipal Corporation, it: 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 wastewater, 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 wastewater 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 1 . -’ t b I . ’ . . 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 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 &day of 19*. GRANTOR: DALJIT AND ELAINE SARKARIA DALJIT SARKARIA AND ELAINE SARKARIA PRIVATE OWNER (title of signatory) By: (sign here) PRIVATE OWNER (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing 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 CMWD 98-407 08/l 7198 Rev. EXHIBIT “A” LEGAL DESCRIPTION ALL THAT PORTION OF TRACT 238 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS EASEMENT A AND C AND A PORTION OF EASEMENT B IN THAT FINAL ORDER OF CONDEMNATION IN WHICH THE CITY OF CARLSBAD WAS THE PLAINTIFF AND ERNEST ARVIN GAROLD GANOE, ET AL. WERE DEFENDANTS, RECORDED AUGUST 1, 1966 AS FILE/PAGE NO. 124494 OF OFFICIAL RECORDS AND IS MORE PARTICULARLY DESCRIBES AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINES OF ADAMS STREET' AND CHINQUAPIN AVENUE, AS SHOWN ON SAID MAP; THENCE SOUTH 61'21' WEST ALONG SAID CENTERLINE OF CHINQUAPIN AVENUE, 557.98 FEET; THENCE SOUTH 28O39' EAST, 509.00 FEET; THENCE SOUTH 61O21' WEST 400.02 FEET; THENCE SOUTH 28'39' EAST, 151.04 FEET; THENCE SOUTH 47'38" 223.58 FEET TO THE TRUE POINT OF BEGINNING SAID POINT OF BEGINNING ALSO BEING THE MOST WESTERLY CORNER OF SAID EASEMENT C OF DOCUMENT RECORDED AUGUST 1, 1966 AS FILE/PAGE NO. 124494; THENCE CONTINUING SOUTH 47'38' EAST 106.32 FEET; THENCE SOUTH 28O39'00" EAST 3.63 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID EASEMENT A OF DOCUMENT RECORDED AUGUST 1, 1966 AS FILE/PAGE NO. 124494; THENCE ALONG SAID WESTERLY PROLONGATION AND SAID SOUTHERLY LINE NORTH 73'02'24" EAST 58.78 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID EASEMENT C; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT C SOUTH 18"20'17" EAST 10.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY OF EASEMENT C; THENCE ALONG THE SOUTHERLY LINE OF SAID EASEMENT C SOUTH 68'02'41" EAST 43.37 FEET TO THE SOUTHWESTERLY LINE OF SAID EASEMENT B OF DOCUMENT RECORDED AUGUST 1, 1966 AS FILE/PAGE NO. 124494; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 48'36'30" WEST 43.75 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT A OF DOCUMENT RECORDED AUGUST 1, 1966 AS FILE/PAGE NO. 124494; THENCE ALONG SAID SOUTHERLY LINE AND THE EASTERLY PROLONGATION THEREOF NORTH 73OO2'24" EAST 17.62 FEET TO THE NORTHEASTERLY LINE OF SAID EASEMENT B; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 48'36'30" EAST 35.10 FEET TO THE NORTHEASTERLY LINE OF SAID EASEMENT C OF DOCUMENT RECORDED AUGUST 1, 1966 AS FILE/PAGE NO. 124494; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 28'39'00" WEST 127.53 FEET TO THE MOST NORTHERLY CORNER OF SAID EASEMENT C; THENCE ALONG THE NORTHWESTERLY LINE OF SAID EASEMENT C SOUTH 73'02'24 w WEST 134.99 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTiNG THEREFROMtTHAT PORTION LYING WITHIN STATE HIGHWAY 11-SD-5 1 0 . . . c . L. r . * ATTACHED HERETO AND MADE A PART OF 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 PROFESSIONAL SURVEYORS ACT. eJdaj2- \ SIGNATURE LICENSEtiLAND fs YOR DATE 6//#99 / I C:\LEGALS\OMWD\FOXLIFT.LGL LINE TABLE NOTE: AU DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. I 1 DENOTES AREA OF EASEMENT ACQUISITION ASSESSORS’ PARCEL NO.: @ 206-l 20-36 Right-Of-Way Engineering Services, Inc. Land Surveying CARLSBAD MUNICIPAL WATER DISTRICT 4167 Avenida de la Plata Ste. 114 l Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 VESTING: DALJIT 8c ELAINE SARKARIA Drawing file name: CMWDFOXSWRLFTl.dwg Job No. DATE: JUNE 14, 1999 SHEET 1 OF 2 EXHIBIT ttB” NOTE: AU DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. I 1 DENOTES AREA OF EASEMENT ACQUISITION ASSESSORS’ PARCEL NO.: 206-120-36 Right-Of-Way Engineering Services, Inc. Land Surveying CARLSBAD MUNICIPAL WATER DISTRICT 4167 Avenida de la Plata 3te. 114 * Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 VESTING: DALJIT 8c ELAINE SARKARIA Drawing file name: CMWDFOXSWRLFTZ.dwg Job No. DATE: JUNE 14, 1999 SHEET 2 OF 2 STATE OF CALIFORNIA COUNTY OF %my 1 “’ On DATE beforeme, L. )(c;SS ;P_ h NAME AND TITLE OF OFFICER personally appeared ba 1; i 4 <i nc,h SW &i G,- GwLcj 5 Ial.% e SW && NAME(S) OF SIGNER(S) q personally known to me - OR -*P roved 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 instr WITNESS my hand and official seal. . c - 9!kS<fJq SIGNATURE OF N-OTARY 2 (This area for official notary seal.) Title or Type of Document Date of Document T-e* 9 - No.ofPages 7 Signer(s) other than named above ti- I CMWD %-L\o’4 0 3 06/14/95 Rev. 09/24/99 FRI 12:39 FAX 619 557 4155 RECORDER/CO. CLK @Jo01 1 GOVERNMENT CODE 27361-7 I CERTIFY UNOER PENALTY OF PERJURY THAT THE. NOTARY SEAL ON THE DOCUMENT TQ WHICH THIS STATEMENT IS A7TACHEO READS AS FOLLOWS: . . ; Name of the Notary: L.KExsxFw Commission Number: 1215821 Oate Commission Expires: APR. 12, 2003 s.‘. . , County Where Bond is Filed:- . &.(,. -.y ._. ‘qq,: .- 2 .<- .- 1 . . .-. - 4. Manufacturer or Vendor Number: -1 (Located on both sides of the notary:seal border) Signature: 2%pg&p@.- WILLIAM E. PIJMkER Firm Name (if appficable) ,. a CAREBADMUNICIPALWATEX DISTRICl’ (760)438-336$ ext. 7126 5950 EL cAHceK> REAL - . CARISBAD, CALI~ 92008-8893 _, _ “Place of Execution: cARIsBAD,cALIW Date: 24 sEErlpEMBGR.1999 . . CXXJNlYOFShNDIwo Thisdocuwnttobeattackdheretoandbyreference madeapart-f to&antDeedOfWastewaterLift Station PipelineEascm?ntgrantedl3CityofC2rlSbad by Biljit and E3.ai.m EZdaria; @WD 98-407. .:- -I 7. c; n~c.F~rn~ rnlo mV. ?t9c1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated 2111~ 7n, . , 19qp,from Daliit UElainP SAI-~SI-TA to 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: July 30, 1999 ALETHA L. RAUTENKRANZ, Secretary I CMWD 98-407 11/03/97 Rev.