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HomeMy WebLinkAboutCT 74-21; Carlsbad Oaks Limited, LP; 1996-0527309; Easement,, REGORDING REQUESTED BY , Carlsbad Municipal Water District ' 'AND WEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad. California 92008 MAIL TAX STATEMENTS TO: MEWT Please record the document at no fee as ii is to the benefd of the Dm (Gov. Code [6103].) bUG # 1996-0527309 17-OCT-1996 01:41 PPI 1610 OFFICIAL RECORDS ShH DIEGO COUNTY RECORDER'S DFFICE GREGORY %ITHI CWJHTY RECORDER FEES: 0.00 M Space above this line for Recorder's use. The undersigned grantor@) declare@): Documentary transfer tax is So.00 ( ) computed on full wlue of property conveyed, or ( )computed on full value less mlue of liens and ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor's Parcel No. 209-081-2040 Project No. 8 Name CMWD Proiect No. 96-220 Lot 20, Carfsbad Tract 74-21. Map No. 10372 c3\3 0 GRANT DEED OF WATER LINE EASEMENT CARLSBAD OAKS LIMITED L.P., A CALIFORNIA LIMITED PARTNERSHIP does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California. Is SUCC~SSOS and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construdion, 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 water, including surface water. stream water, flood water and ground water flowing into sad facilities, and all natural and artificial drainage ditches and strudures of any kind, whether above or below the surface of the ground. Sad facility may include pipelines, pumping facilities, structures designed to control the flow of water and all I 05/21/96 Rev. - " 1611 ' facilities aid structures associated with said use which are designed to facilitate the use and protect the facilky from natural . . and other forms of damage including. but not limited to. erosion control facilities, fences, gates, doors, locking 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 saki facility. i .. 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 buiit 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 evress written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Mibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this =hay of Se p t em b e 19%. GRANTOR CARLSBAD OAKS LIMITED LP., A CWFORNlA LIMITED PARTNERSHIP Jeffrev C. Hamann Jeffrev C. Hamann (name of erantor) I APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL s, Inc er (title of signatory) BY VicGPresident, Volcan Proper'ties/ Inc. a California Corporation, Gener Partner I/ (Notadacknowledgement of execution of GRANTOR must be attached.) CMWD 96-220 2 05R1/88 Rev. .. - - 1. i __ EXHIBIT "A" 1612 ALL THAT PORTION. OF LOT 20 OF CARLSBAD TRACT NO. 74-21 , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 10372 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 20, SAID CORNER LOKER AVENUE ( 72 -00 FEET WIDE) ; THENCE ALONG THE NORTHWESTERLY EAST 81.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING CENTERLINE SOUTH 58O47'13" EAST 60.96 FEET; THENCE SOUTH 89'51'40" EAST 53.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 89'Sl '40" EAST 302.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B" , ' THENCE NORTH 0'08'20" EAST 40.00 FEET TO A ?OINT HERETNAFTER REFERRED TO AS POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH OOO8'20" "C"; THENCE NORTH 0'08'20" EAST 224.95 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE ON A RACIAL BEARING EAST 5 -00 FEET; THENCE NORTH 8'07' 18" WEST 34 .OO FEET TO A POINT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 454.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4'33'22" AN ARC DISTANCE OF 36.10 FEET; THENCE ON A RADIAL BEARING NORTH 3O33' 56" WEST 10.00 FEET TO THE NORTHERLY LINE OF SAID LOT 20, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LOKER AVENUE (72.00 FEET WIDE). THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH o*oa'20" EAST 28.00 FEET TO A POINT OF TERMINATION. ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LINE OF SAID LOT 20 AND SAID RIGHT-OF-WAY LINE NORTH 31'12'47'' SAID NORTHWESTERLY LINE AND RIGHT-OF-WAY LINE ALONG SAID NORTH 8007 I 1 a" WEST 44.1 s FEET TO THE BEGINNING OF A NON-TANGENT BEGINNING AT ABOVE MENTIONED POINT "8"; THENCE SOUTH 89°51'40" EAST 54.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 89'51'40" WEST 18.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 89°51'40" WEST 19.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"' , THENCE SOUTH 81°52'42" WEST 28.00 FEET TO A POINT OF TERMINATION. " 1614 STATE OF CALIFORNIA 1 1 ss. COUNTYOF S~,M Ri e4d I I I penonally appeared e. mm NAME@) OF SIGNER@) I I $Ipenonally known to me - OR - 0 pmved to me on the basis of satisfactory evidence to be the penon(s) whose name@-iiafesubscribed to the within instrument and acknowledged to me that he/sRdlkey emcuted the Same m hwuthorized capacity(iesj, and that by his/RerAReiFsiinaturelyon the instrument the penon@, or the entity upon behalf of Wch the penon&jacted, executed the instrument. WNESS my hand and offcial seal. n I (This area for offcial notary seal.) I CMWD 96220 06/14/95 Rev. 1615 STATE OF CALIFORNIA 1 personally appeared m&!& NAME@) OF SIGNERW l+personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the penon($ whose name($ Waa subscribed to the within instrument and acknowledged to me that he/slteffkey executed the same in h"be4r authorized capacity(ies). and that by h-inature@ on the instnrment the person#, or the entity upon behalf of whd, the penon(bfacted, emcuted the instrument WlTNESS my hand and official seal. (This area for offcial notary seal.) 08/14/95 Rev. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 5w7 State of h I&rl,& Countyof M /\ I .),EA,? ,. On s?, 74; kTqk '1 before me, ( Gppp;,C - L. x /I,. , Jlchicd , r DATE OF OFFICER- E.G..'JANE DOE.kOTARY PUBLIC' I personally appeared hqr?, IP I personally known to me - OR - proved t asis of satisfactory evidence to be the person@ whose name@ is/- subscribed to the within instrument and ac- knowledged to me that he/sb&by executed the same in hislhs&be+r authorized capacity(i%s), and that by his/he&b+r signature# on the instrument the person@, or the entity upon behalf of which the persono acted, executed the instrument. - . . . - . . . Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE0 DOCUMENT (imn t i)d of UQ-W io P G<(eLnaat TITLE OR TYPE OF DOCUMENT mls) 0 PARTNER(S) 0 LIMITED - GENERAL u AlTORNEY-IN-FACT - TRUSTEE(S) 2. NUMBER OF PAGES u GUARDIAN/CONSERVATOR 0 OTHER: - n- , .!L .. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION * 8236 Rernrnel Ave.. P.O. %x 7184 - Canqa Pa&, CA 91309.7184 .' .. .. " 1617 CERTIFICATION OF ACCEPTANCE OF DEED This k to celiifythat the interest in real property conveyed by the grant deed of easement, dated -a pi 16 I 19" 96 from CARLSBAD OAKS LIMITED LP.. A CALIFORNW LIMITED PARTNERSHIP to the Carlsbad Municipal Water District. Carisbad. California, pursuant to the Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned offir or agent on behalf of the Carlsbad Municipal Water District. Carlsbad, California, pursuant to authority conferred by Resolution No. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized offcer. ALETHA L. RAUTENKRANZ, Secretaly 1 CMhD 96-220 06/14/95 Rev.