HomeMy WebLinkAboutCT 89-19; Odmark Thelan and the Davidson Companies; 1991-xxxxxxx; Easement1 PLEASE RECORD THIS DOCUMENT AT
NO FEE AS IT IS TO THE BENEFIT
2 OF THIS DISTRICT (GOV. CODE [6103])
3 RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
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Carlsbad Municipal Water District
5 Engineering Department
5950 El Camino Real
g Carlsbad, California 92008
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Space above this line for
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Assessor's Parcel No. 216-150-03
g Project Name & No. Broccato, Carlsbad Tract 89-19
CMWD Proiect No. 85-401, 16" Water Line Easement
DOCUMENTARY TRANSFER
TAX: None
CARLSBAD MUNICIPAL
WATER DISTRICT
EASEMENT
Aletba L. Rautenkranz, Secretary
Board* of Directors
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mviARK R THKT.AN AND THF DAVIDSON COMPANIES PARTNERSHIP.
^7 A fAr.TFDRNTA GENERAL PARTNERSHIP.
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, 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 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 said facilities, and all
natural and artificial drainage ditches and structures of any kind.
3/14/91 REV.
1 whether above or below the surface of the ground.
2 Said facility may include pipelines, pumping facilities,
3 structures designed to control the flow of water and all facilities
4 and structures associated with said use which are designed to
5 facilitate the use and protect the facility from natural and other
6 forms of damage including, but limited to, erosion control
7 facilities, fences, gates, doors, locking devices, alarms, lights,
8 and all other protective facilities and devices. The use shall
9 also include a means of access to and from said facility for the
10 purpose of constructing, operating, repairing, maintaining,
11 inspecting and reconstructing said facility.
^2 The uses described herein shall be exclusive to the
13 Grantee. Grantor herein agrees that no buildings and/or structures
14 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
17 uses whether compatible or incompatible with the uses described
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18 herein without the express written approval of the Grantee.
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LOCATION OF THE 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.
PRINCIPAL: :^m_
GOIABK & THELAN AND THE DAVIDaON COMPAITO
PAIOMKRSmP
(Naae of Principa:
QEMARK & 1BELAN/BAII(9JIT^
Uiiited Pan
Its General
By: ODMARK
Partnerstilp
eeuted py the GRANTOR this
Jdtm ^ i;helan, .^resldi
DAVIDSON OOSCAN ^^KES^^^^fomia.
General Partnershig^ts 43&QeraiL Partner
By: The Davidson
Bv: UllllaB Davidson, Its Preslid^t
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR,
GENERAL COUNSEL
By: ^ ^
(Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD 85-401
3/14/91 REV.
STATE OF CALIFORNIA }
} ss:
COUNTY OF SAN DIEGO }
On ^^cinkA^ 7.799/ before me, the undersigned, a Notary Public
in and for skid state, personally appeared
n^l^yjyy^ y^. QoAyt^^U^ , known to me to be the
of The
Davidson Company, the corporation that executed the within
instrument on behalf of said corporation, said corporation being
known to me to be the general partner of Davidson Coscan
Partners, the general partnership that is known to me to be the
general partner of Odmark & Thelan and The Davidson Companies
Partnership, the general partnership that executed the within
instrument and acknowledged to me that said last named
partnership executed the same.
WITNESS my hand and official seal
Notary Public
ttmrLSMftuas
NOIMr PUBUC-CMJFORNM MNOIEQO COUNTY l» Comm. BtplfM Aug. 28, wn
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Deed dated , 19 , from
ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP ,
a Califomia General Partnership,
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
, 19 , and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: , 19 .
CARLSBAD MUNICIPAL WATER DISTRICT
By:,
ALETHA L. RAUTENKRANZ, Secretary
Board of Directors
CMWD 85-401
EXHIBIT "A"
(SHEET 1 OF 2)
A PORTION OF LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST
5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO
BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS
"NORTH 32°45'27" WEST, 561.78 FEET" ON RECORD OF SURVEY 12541, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32°45'27" EAST (SOUTH
32°46M1" EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO),
325.64 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL;
THENCE LEAVING SAID LINE, NORTH 54°58'14" EAST, 187.63 FEET; THENCE
NORTH 87°39'57" EAST, 77.32 FEET, TO A POINT ON A NON-TANGENT 45.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT
BEARING SOUTH 38°46'29" WEST; THENCE SOUTHEASTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 30°50'00", AN ARC DISTANCE OF
24.22 FEET; THENCE LEAVING SAID CURVE, SOUTH 34°07'01" WEST, 11.97
FEET; THENCE SOUTH 87°39'57" WEST, 85.90 FEET; THENCE SOUTH
CMWD 85-401
EXHIBIT "A"
(SHEET 2 OF 2)
54°58'14" WEST, 182.56 FEET, TO A POINT ON THAT CERTAIN COURSE
DESCRIBED AS "NORTH 32°45'27" WEST, 561.78 FEET" ON RECORD OF
SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, RECORDED FEBRUARY 15, 1990 IN THE OFFICE OF SAID
COUNTY RECORDER; THENCE NORTHERLY ALONG SAID LINE, NORTH 32°45'27"
WEST, (NORTH 32°46'41" WEST PER M.S. 637 ON FILE IN THE COUNTY OF
SAN DIEGO), 20.02 FEET, TO THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
AREA = 5,448.81 SF (0.125 AC).
GEORGE ./'D'DAY ^ pA^E
CMWD 85-401
SMeer / OF /
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JSC. 33
DATA T/IBl£
(h S34''S8'f4"N 1S7,C3'
® 3S7<'JS'57"N 77.32'
45.00' 24.22'
n,97'
® S 67" 39'$1" hi 36.90'
® 182.5G'
$ 32''45'27" E 20.02'
EXHIBIT B
FEB I iigge
CARLSBAD MUNICIPAL WATER DISTRICT