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HomeMy WebLinkAboutCP 3537; Sarkaria, Daljit S and Elaine; 2008-0204254; EasementDQC# 2008-0204254 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 [61 03]). APR 17, 2008 11:10 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 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. Space above this line for Recorder's use. Assessor's Parcel No.: 206-172-06 Project No. & Name: CP 3537; NORTH AUGA HEDIONDA INTERCEPTOR SEWER REALIGNMENT CITY OF CARLSBAD WILLIAM ET PLUMMER' Deputy City Engiri GRANT DEED OF WASTEWATER PIPELINE EASEMENT DAL JIT S. SARKARIA AND ELAINE SARKARIA, CO-TRUSTEES OF THE DAL JIT S. SARKARIA AND ELAINE SARKARIA FAMILY TRUST DATED APRIL 23, 2007 does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement for the purposes. Wastewater Pipeline 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, and transporting all wastewater, together with the right to ingress thereto and egress therefrom by a practical route over and across the grantors land for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility, until and expiring when an acceptable, specified access route is dedicated to grantee at the time of the parcels development. Construction Easement: Those portions of the easement described as "Construction Easement" shall be temporary and expire upon the filing of a Notice of Completion of the construction contract for the sewer pipeline. 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 It? day of H 20 i>$. GRANTOR: Daljit S. Sarkaria and Elaine Sarkaria (sign here) OWNER (title of signatory) (sign here) OWNER (title of signatory) (Notarial acknowledgment 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 officers) 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 City Attorney , RONALD KEMP, Deputy£ity Attorney EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT LOT 4, IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929. PARCEL 1 - SEWER EASEMENT A STRIP OF LAND, 20.00 FEET IN WIDTH, LYING WITHIN THE HEREINABOVE DESCRIBED SERVIENT TENEMENT, BEING 10.00 FEET NORTHEASTERLY AND 10.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST WESTERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 51 "56'22" EAST, 123.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 28"09*02" EAST, 290.06 FEET; THENCE SOUTH 70°58'12" EAST, 48.21 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED SERVIENT DISTANT THEREON NORTH 43°37'44" EAST, 123.48 FEET FROM THE MOST SOUTHERLY CORNER THEREOF. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON SAID NORTHWESTERLY AND SOUTHEASTERLY LINES OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT. AREA = 6,765.27 SO. FT. PARCEL 2 - TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 67°42'38" EAST, 3.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID LINE, A DISTANCE OF 56.08 FEET; THENCE SOUTH 22°17'22" WEST, 11.41 FEET; THENCE SOUTH 12°19'38" WEST, 56.92 FEET; THENCE SOUTH 10°44'43" WEST, 37.61 FEET; THENCE SOUTH 08°55'13" WEST, 32.89 FEET; THENCE SOUTH 06°46'51" WEST, 64.98 FEET; THENCE SOUTH 23°29'01" WEST, 52.79 FEET; THENCE SOUTH 19°59'39H WEST, 37.29 FEET; THENCE SOUTH 25°28'57" WEST, 67.50 FEET; THENCE SOUTH 28°38'40" EAST, 42.61 FEET; THENCE SOUTH 43°43'07" WEST, 68.40 FEET; THENCE NORTH 28<09'02" WEST, 94.70 FEET; THENCE NORTH 47°24'35" EAST, 2.41 FEET; THENCE NORTH 02°42'28" WEST, 87.50 FEET; THENCE NORTH 18°39'08" EAST, 21.30 FEET; THENCE NORTH 51 °45'47" EAST, 78.70 FEET; THENCE NORTH 01 °28'13" EAST, 131.75 FEET; THENCE NORTH 31 040'57" EAST, 93.44 FEET TO THE TRUE POINT OF BEGINNING. AREA = 34,341.77 SO. FT. January 31,2007 U:\ldata\surveys\5104surv\legals\5104 APN 206-172-06 EXB A ESMT.doc Page 1 of I LEGEND: PROPERTY LINE EXHIBIT "B" EASEMENT PLAT (A) CENTERLINE OF EXISTING 15' SEWER EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC'O. 3/5/64 AS F/P NO. 41717, O.R. (B) CENTERLINE OF PROPOSED 20' SEWER EASEMENT. (C) PROPOSED TEMPORARY CONSTRUCTION EASEMENT. SHEET 1 OF 1 SHEET LEGAL DESCRIPTION: LOT 4. BLK D. MAP NO. 2152 BASIS OF BEARINGS: THE SOUTHERLY RIGHT OF WAY LINE OF A PORTION OF ADAMS STREET PER ROS 15053: I.E. S86'07'25"E LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 LENGTH 123.36 290.06 48.21 123.48 3.55 56.08 11.41 56.92 37.61 32.89 64.98 52.79 37.29 67.50 42.61 68.40 94.70 BEARING N51'56'22"E S28'09'02"E 570*58' 12"E N43<37'44"E S67-42'38"E S67-42'38"E S22'17'22"W S12'19'38"W S10*44'43"W S08'55'13"W S06'46'51"W S23'29'01"W S19'59'39"W S25'28'57"W S28'38'40"E S43'43'07"W N28'09'02"W TPOB- (PCL 1) POB (PCL 1) SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ADAMS ST. TPOB (PCL POB (PCL 2 L18 L19 L20 L21 L22 L23 2.41 87.50 21.30 78.70 131.75 93.44 N47'24'35"E N02'42'28"W N18'39'08"E N5V45'47"E NOV28'13"E N31*40'57"E LOT 4, BLK D, NO. 2152 206-172- UAlolota\surveys\5104SURV\dw9\PLATS\5104_206-172-D6 .Exhibit _B.dwg 1/31/2U07 SDE5104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me,rai' &V.I Date ^J personally appeared DftU vV S. Sdf VflT ' 'fr. J Here Insert Name and Title ot the Officer Name(s) of Signer(s) ~ ^ —- NIRAJ PATEL Commission #1665081 Notary PubHc - California Orange County My Comm. Expire* JU 30,201C who proved to me on the basis of satisfactory evidence to be the person^whose name^i) is/<^re)subscribed to the within instrument and acknowledged to me that he/she/tl§egexecuted the same in his/her/tljjeirj'authorized capacityfle^, and that by his/her^Hej^ signature^ on the instrument the person^, or the entity upon behalf of which the person(|)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and officia /u,Signature OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: D Individual D Corporate Officer •—Title(s): D Partner — D Limited D General RIGHTTHUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General RIGHTTHUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated March 25. 2008. from Sarkaria Family Trust, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September *\6, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 14.2008