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HomeMy WebLinkAboutCP 3537; Sarkaria, Daljit S and Elaine; 2008-0204257; EasementDQC# 2008-0204257 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: 000 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.: 206-172-03 Project No. & Name: CP 3537; NORTH AGUA HEDIONDA INTERCEPTOR SEWER REALIGNMENT CITY OF CARLSBAD ILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT DALJIT S. S ARK ARIA AND ELAINE SARKARIA, CO-TRUSTEES OF THE DAL JIT S. S ARK ARIA 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. Said facility includes a subterranean pipeline structure only. The use shall include a reasonable 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 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement , 08/17/98 Rev 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 2-f^dav of GRANTOR: Daljit S. Sarkaria and Elaine Sarkaria (sign here) OWNER (title of signatory) 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 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 City Attorney By: RONALD KEMP, Deputy City Attorney HI/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 2 08/17/98 Rev EXHIBIT "A" LEGAL DESCRIPTION SERVIENT TENEMENT LOT 2, 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, EXCEPTING THAT PORTION OF LOT 2, IN BLOCK "D" OF BELLA VISTA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 2, DISTANT THEREON SOUTH 26W22" WEST (RECORD SOUTH 26T111 WEST) 99.53 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTH 290722" WEST ALONG SAID NORTHWESTERLY LINE 180.00 FEET TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT SOUTH 34'18'38" EAST (RECORD SOUTH 34*15' EAST), 150.00 FEET, MORE OR LESS, TO A POINT WHICH IS DISTANT THEREON NORTH 34*18'38" WEST (RECORD NORTH 34'15' WEST) 42.61 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE LEAVING SAID LINE NORTH 2OT722" EAST (RECORD NORTH 26*11' EAST) PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 2, 254.02 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE BEARING SOUTH 63f52'38" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 83SZW WEST 130.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 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 SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 5156-16" EAST, 161.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 28<09'02" WEST, 293.03 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED SERVIENT TENEMENT DISTANT THEREON SOUTH 26007'22" WEST, 58.02 FEET FROM THE NORTHERLY LINE 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 = 4,068.03 SQ. FT. January 31,2007 U:\ldala\surveys\5104survVlegals\5104 APN 206-172-03 EXB A ESMT.doc 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. 41716, O.R. (B) CENTERLINE OF PROPOSED 20' SEWER EASEMENT. S63'52'38"E 262.02' SHEET 1 OF 1 SHEET LEGAL DESCRIPTION: POR. LOT 2. 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 D=20'59'55" R=275.00' L= 100.79'MOST N'LY COR LOT 2 POR. LOT 2, BLK D, MAP NO. 2152 A.P.N. 206-172-03 N63'52 38 W 130.47 CM LINE TABLE LINE L1 L2 L3 LENGTH 161.57 293.03 58.02 BEARING N51'56'16"E N28'09'02"W N26*07'22"E SCALE: 1" 80 80' 160 SAN OIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUITE 105 ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING j!\ldata\surveys\5104SURV\clwg\PLATS\5104_206-17S-03_Exhibi-t_B.dwg 1/31/2007 SDE5104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 3n 3k$h9 Date jersonally appeared before me. /v 5alnV 5 W)<j O \ \ \ /^) iic&\ Icwi v AJoiafy rufc>l ic J Here Insert Name and Title of me Officer iftrux. ahc1 £l!fi\/v. Sarkaficv Name(s) of Signer(s) , NIRAJ PATEl Commission # 1685081 Notary Public - California Orange Countyorange county r My Comm. Expires Jul 30.201 Of who proved to me on the basis of satisfactory evidence to be the person(sjwhose name®)is/6£e35ubscribed to the within instrument and acknowledged to me that he/she/tfie?^executed the same in his/her^il^Lithorized capacityves)1, and that by his/her/(Fiej^ signature^ on the instrument the personal or the entity upon behalf of which the persor(sj)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. WITNESS my hand and offipiahseal. Place Notary Seal Above Signature OPTIONAL - 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 D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6S27 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 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 14. 2008 SHERRY FREISINGER/Deduty Clerk ( J ^