HomeMy WebLinkAboutCP 5500; Mercurio Frank and Jean; 2009-0015711; EasementDOC# 2009-0015711
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]).
JAN 13, 2009 2:50 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, 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.: 215-561-28
Project No. & Name: CP 5500;
LA GOLONDRINA HDD SEWER EXTENSION
CITY OF CARLSBAD
WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED
OF WASTEWATER PIPELINE EASEMENT
FRANK MERCURIC AND JEAN I. MERCURIC, AS TRUSTEES UNDER THE FRANK AND JEAN MERCURIC
REVOCABLE TRUST DATED JULY 19, 2007, FOR THE BENEFIT OF FRANK AND JEAN I. MERCURIC
does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement.
Wastewater Pipeline Purpose: The easement granted herein shall be granted for the following
purposes: the underground 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. All facilities shall be installed, operated and maintained at all times beneath the
surface of the easement. All rights of ingress and egress necessary for the full and complete use, occupation
and engagement of the easement area hereby granted and all rights, privileges and appurtenances
aforementioned and incidental thereto, provided that such rights of ingress and egress shall be underground
and further provided that such ingress and egress does not interfere with any building, structures, activities or
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement
1
08/17/98 Rev
individuals on the property. The uses described herein shall be exclusive to the Grantee.
Grantor reserves the right to construct improvements over the easement area which will not interfere
with the Grantee's rights herein and the same shall be restored by the Grantee to its immediately existing
condition in the event that Grantee removes or damages the same during the exercise of Grantees rights
herein including, without limitation the installation, operation and maintenance of the subterranean facilities. All
improvements in the easement proposed by the Grantor shall first be approved by the Grantee prior to
construction.
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 /4 day of
20 OS.
GRANTOR:
FRANK MERCURIC
(name of grantor)
a
AAM' I (sign here')
Owner
(title of signatory)
JEAN I. MERCURIO
(name of grantor)
e^***^ *ir.
C/ (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 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
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev
2
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: FRANK MERCURIC AND JEAN I. MERCURIC, AS TRUSTEES UNDER THE
FRANK AND JEAN MERCURIC REVOCABLE TRUST DATED JULY 19, 2007
FOR THE BENEFIT OF FRANK MERCURIO AND JEAN I. MERCURIC.
APN: 215-561-28
THAT PORTION OF LOT 180 OF MAP 10257 IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA RECORDED NOVEMBER 4, 1981 AS FILE
NO. 81-349500,IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 5.00 FEET OF SAID LOT 180.
CONTAINING 574 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE
DATE
LICENSED LAND SURVEYOR
ASSESSORS' PARCEL NO.: 215-561-28 EXHIBIT "B
EXISTING 10' WIDE
WATER EASEMENT REC.
11/30/1977 AS DOC.
NO. 77-492805 O.R.
10' WIDE UTILITY AND
TREE PLANTING
EASEMENT DEDICATED
AND ACCEPTED PER
MAP 10257
A=5'44'21'
R=50.00'
L=5.01'
SCALE
THIS PLAT WAS PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH
THE PROFESSIONAL LAND SURVEYORS ACT
NOTE: ALL DIMENSIONS SHOWN
HEREON ARE COMPILED FROM
RECORD DATA.
MICHAEL L. SCHLUMPBERGER, PLS 7790
DENOTES AREA OF EASEMENT ACQUISITION
574 SQUARE FEET MORE OR LESS
Right-Of-Way Engineering Services, Inc.
Land Surveying
4167 Avenida de la Plata Ste. 114 • Oceanside, CA 92056
(760) 732-1366 FAX (760) 732-1367
Drawing file name: La Golondrina Easement 215-561 -28.dwg
Job No. 0705-0043-11
CITY OF CARLSBAD
VESTING: FRANK MERCURIC AND JEAN I. MERCURIO AS
TRUSTEES UNDER THE FRANK AND JEAN MERCURIO
REVOCABLE TRUST DATED JULY 19. 2007. FOR THE
BENEFIT OF FRANK MERCURIO AND JEAN I. MERCURIO
DATE: MAY 30, 2008 SHEET 1 OF 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On O\
Date
personally appeared
before me,
Here Insert Name and Title of the Officer
Name(s) of Slgner(s)
who proved 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 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 official seal.
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: OlfQM*
Document Date:
jLWCW)J(W (Wilt^IM^ -
Number of Pages:.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers-Name:.
Individual
D Corporate Officer —Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: <JOOUA JXJQ
GHfidividual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:.
JMBPRINT
OF SIGNER
Top of thumb here
O2007NationalNotaryAssodatlon'9350DeSotoAve.,P.O.Box2402'Chats««)rth,CA 91313-2402-www.NattonalNotary.org ltem*5907 Reorder:CallToll-Ftee 1-800-876*827 8/17/98 Rev
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT DEED
OF EASEMENT dated August 18, 2008, from the Frank Mercuric and Jean I.
Mercuric, 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: Januarys, 2009
Sj/ERRY AEISINGER,(De)>uty Clerk
(SEAL)