HomeMy WebLinkAboutCT 74-21; Carlsbad Partners; 1991-0327821; Easement1
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1339 .. iTr.._ .*,, r---7" .,.. -r7-*7 -I.. , . ;it;, ,I I,'. P,.:>..b.":;. : '.;:.LL .:, ~#-T-- r$;q"i --..,.7; -*r---*.---, 2"iTI:L ... . , x,c.J::v"::: PLEASE RECORD THIS DOCUMENT AT ) NO FEE AS IT IS TO THE BENEFIT 1 OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND 1
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WHEN RECORDED, PLEASE MAIL TO: )
Carlsbad Municipal Water District )
Engineering Department 1
5950 El Camino Real
Carlsbad, California 92008
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' ,*. . .. , ., 'Space .&ove this line for R&order's use.
AssessorT's Parcel Ne: 209-082-0- Project Name 4 No. Upper Deck) Map 10372, C.T. 74-21, cMWD 90°C-358
'bOCUMENTARY TRANSFER T&X: None
WAhR DISTRICT , .
CARLSBAD MUNICIPAL. .':, ,
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does hereby grant to C *'@iTER PISTRICT, a Public
Agency organized in the State'of California, its successors and
assigns, an easement.
Purpose: The easement granted herein shall be granted
for the following purposes: the construction, operation, repair,
reconstruction and all activities reasonably necessary to
construct, reconstruct, operate, maintain and repair facilities
designed for the general purpose of collecting, storing,
transporting, pumping and xreating all water, including surface
water, stream water, flood water and ground water flowing into said
facilities, and all natural and artificial drainage ditches and
1 5/24/91 REV.
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1340
structures of any kind, whether above or below the surface of the
ground.
Said facility may include pipelines, pumping facilities,
structures designed to control the flow of water and all facilities
and structures associated with said use which are designed to
facilitate the use and prot6ct the ci:$ity from natural and other
forms of damage :*lki&luding; but' .,l&ited "to. erosion control
facilities, fencesi'gates, doors, locking Sevices, alarms, lights,
and all other ,protective facilities and devices. The use shall
also include*% 4keans of access to and from said facility for the
purpose of constructing, operating, repairing, maintaining,
inspectiw an? reconstructing said facility.
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.', "Tha''uses described herein shall be exclusive to the
Grantee. Grantor herein. agrees tlmt no buildings and/or structures
will be erected, wR2lP;constructed; fences built rior trees planted,
nor may the easem&& be used by.the Grantor br~ any other person or
entity, including other utilities, .whether public or private, for
uses whether coinpatible ,'or -~ifi,bobi@&til3le .'kith the uses described
herein without the express written approval of the Grantee.
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1341
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit IlBll attached hereto and by this reference made a part
hereof.
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APPROVED AS TO %": *,*
GEN- COUNSEL
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VINCENT F. BIONDO, JR.
GRANTOR':
General Partne,rehip
CARLSBAD PARTNERS, a California
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(name of-grantor)
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By^:
Maslauina Partner .. .,
(title of signatory)
,BY': , ,.
,' (sign here)
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,. . ~, ,. .. (title of signatory)
By : ',
(Notarial acknowledgmentzf execution by GRANTOR must be attached.)
CMWD 90-C-358
3 5/24/91 REV.
CERTIFICATE
1342
OF NOTARY PUBLIC
State of California)
1 County of Orange )
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Comes now PA/?? /O/dd~~, a Notary Public for the State
of California, and states that&- knows Richard P. McWilliam
personally, and states, further, thatJ&- witnessed Richard P.
McWilliam execute with his own hand the document to which
Certificate is attached, and that said signature is the true and
correct signature of Richard P. McWilliam.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Deed dated May 28 , 193, from
L,
as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water
District Act of 1911, as amended, is hereby accepted by order of
the Board of Directors of the Carlsbad Municipal Water District on
June 18 , 19 91 , and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED : June 19 , 19%.
CARLSBAD MUNICIPAL WATER DISTRICT
By : ALETHA L. RAUTENKRANZ, Secredary Board of Directors
CMWD 90-C-358
' SHEET 1 OF 3 SHEETS .- 1344
EXHIBIT "A"
BEING A STRIP OF LAND ENTIRELY WITHIN LOTS 26 AND 27, INCLUSIVE,
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO.
10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON APRIL 13, 1982, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A STRIP OF LAND WHICH IS 15.00 FEET IN WIDTH LYING 7.5 FEET ON
EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 27;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 27 SOUTH
SEA OTTER PLACE, A PUBLIC STREET, AS SHOWN ON SAID MAP NO.
10372, SAID POINT BEING ON A 60 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL LINETO SAID POINT BEARS NORTH 58'13'12"
EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 68'59'50" AN ARC DISTANCE OF 72.25 FEET TO A
A RADIAL LINE TO SAID POINT BEARS NORTH 10"46'38"WEST, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
22'18'59'' WEST 36.86 FEET; THENCE NORTH 70'1 1'03" EAST 68.57 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING NORTH 70'11' 03" EAST 191.01 FEET TO A POINT
HEREINAFTER REFERRED TO AS P0lNT"B"; THENCE CONTINUING NORTH
70'11' 03" EAST 47.75 FEET; THENCE NORTH 03'56'13"WEST 29.37 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE
CONTINUING NORTH 03"56'13"WEST 278.64 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH
03'56'13"WEST 16.33 FEET; THENCE NORTH 48'56'13"WEST 30.80 FEET;
THENCE SOUTH 86'03'47'' WEST 21 1.06 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 86'03'47"
WEST 45.83 TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16" 50'51" AN ARC
DISTANCE OF 29.40 FEET; THENCE NORTH 77" 05'22" WEST 71.82 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE
CONTINUING NORTH 77" 05' 22" WEST 23.09 FEET TO THE BEGINNING OF
OF CARLSBAD TRACT NO. 74-21 IN THE CITY OF CARLSBAD, COUNTY OF
58'13'12" WEST 781.08 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF
SUBSEQUENT POINT ON THE RIGHT-OF-WAY LINE OF SEA OTTER PLACE,
RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID CENTERLINE NORTH
C.M.W.D. 90-C-358
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' SHEET 2 OF 3 SHEETS 1345
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A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 100.00
FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 33'26'31" AN ARC DISTANCE OF 58.37 FEET; THENCE SOUTH
69O28'07" WEST 19.79 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "G"; THENCE CONTINUING SOUTH 69'28'07" WEST 77.42 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 16'35'40'' AN ARC DISTANCE OF 28.96
FEET; THENCE SOUTH 86'03'47'' WEST 25.13 FEET; THENCE SOUTH
41'03'47' WEST 7 1.83 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 390.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
07O14'39" AN ARC DISTANCE OF 49.31 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "H"; THENCE CONTINUING ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 45'19'28" AN ARC DISTANCE OF 308.51
FEET; THENCE TANGENT TO SAID CURVE SOUTH 11'30'20'' EAST 39.89
-FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE
CONTINUING SOUTH 11°30'20" EAST 66.23 FEET; THENCE SOUTH
79"00'20" EAST 53.19 FEET; THENCE NORTH 55'59'40'' EAST 54.30 FEET;
THENCE SOUTH 79'00'20" EAST 110.68 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 79'00'20'' EAST
128.73 FEET; THENCE SOUTH 34"00'20" EAST 47.87 FEET; THENCE NORTH
OTTER PLACE, SAID POINT BEING ON A 60.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
86'19'51" WEST. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF
LAND ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ALL ANGLE
OTTER PLACE.
ALSO STRIPS OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
67'41'01"EAST 18.51 FEET TO A POINT ON THE RIGHT-OF-WAY OF SEA
POINTS AND TO TERMINATE AT THE RIGHT-OF-WAY LINE OF SAID SEA
BEGINNING AT THE AFOREMENTIONED POINT "A; THENCE SOUTH
19'48'57" EAST 70.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE AFOREMENTIONED POINT "B"; THENCE SOUTH
31 "46'48" EAST 38.57 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
SAID LOT 27. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND
ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ALL ANGLE
POINTS AND TO TERMINATE AT THE SOUTHEASTERLY LINE OF LOT 27.
ALSO STRIPS OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE AFOREMENTIONED POINT "C"; THENCE NORTH
C.M.W.D. 90-C-358
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SHEET 3 OF 3 SHEETS
86'03'47" EAST 26.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE AFOREMENTIONED POINT "D"; THENCE NORTH
86O03'47" EAST 26.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE AFOREMENTIONED POINT "F"; THENCE SOUTH
12"54'38" WEST 19.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE AFOREMENTIONED POINT "H"; THENCE NORTH
56O10'52" WEST 22.50 FEET TO A POINT OF TERMINUS. THE SIDELINES
OF SAID 10.00 FOOT WIDE STRIP OF LAND ARE TO BE LENGTHENED TO
TERMINATE IN THE WESTERLY LINE OF THAT PORTION OF THE
PREVIOUSLY DESCRIBED 15.00 FOOT WIDE STRIP OF LAND HAVING A
CENTERLINE RADIUS OF 390.00 FEET.
BEGINNING AT THE AFOREMENTIONED POINT "I"; THENCE SOUTH
78'29'40 WEST 22.50 FEET TO A POINT OF TERMINUS.
ALSO STRIPS OF LAND 30.00 FEET IN WIDTH LYING 15.00 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE AFOREMENTIONED POINT "E"; THENCE NORTH
03'56'13" WEST 12.50 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE AFOREMENTIONED POINT "G"; THENCE SOUTH
20'31'53'' EAST 16.50 FEET TO A POINT OF TERMINUS.
ALSO A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFOREMENTIONED POINT "J"; THENCE NORTH
1 O"59'40" EAST 71 50 FEET TO A POINT OF TERMINUS.
C.M.W.D. 90-C-358
I L 5 29.40' i I i\ I L 5 29.40' iIi I
MAP NO. 70372 :I 1 IN
It
El I CARLSBAD TRACT NO. 74-21 LilI~ st I
111 I El I CARLSBAD TRACT NO. 74-21 LilI~ st I
MAP NO. 70372 :I 1 IN
(619) 552-1010 /
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LOCATION MAP 1349
VICINITY MAP
NO SCALE
10035 BARNES CANYON ROAD
THE AUSTIN HANSEN GROUP
SAN OIEGO. CALIFORNIA 92121
(619) 552-1010
EXHIBIT " C"
CMWD 90-C-358