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Home My WebLink AboutCT 97-03; Continental Residential, Inc.; 2001-0271383; Easement1 ‘. . DOC # RECORDING REQUESTED BY 7216 City of Carlsbad MaY 01s AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District City of Carlsbad 5950 El Camino Real 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]). 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. 2001-0271383 2001 II=30 br1P-l WFICIAL BORDS SAN DIE@ &OUNTY RECQRDER’S OFFICE GREmY iiEP9 %- oci ‘I# Space above this line for Recorder’s use. Assessor’s Parcel No.: MAP 13837, LOT 395 Project No. & Name: 96306, CT 97-03 Meadowlark Estates, Santa Fe II Reservoir Site 222-68-395 CITY OF CARLSBAD WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT CONTINENTAL RESIDENTIAL, INC., a California corporation does hereby grant to City of Carlsbad, a Municipal Corporation, 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 wastewater, 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, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of wastewater and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking 1 08/I 7198 Rev. . ,’ 721 7 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 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 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 ‘73” attached hereto and by this reference made a part hereof. E&m the Grantor this s day of #ybfl . GRANTOR: CONTINENTAL RESIDENTIAL, INC., a California corporation By: (sign here) (title of signatory) (sign here) (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: RONALIJ(P. BALL JANEbOBALDI, Assistant w C.i7 7 #V~rAc/ CMWD 96-306 08/l 7198 Rev. 7218 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Wastewater Pipeline Easement, dated August 22, 2000, from Continental Residential, Inc., a California Corporation, to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 I, as amended, is hereby ’ accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: February 26,200l &&ICE BREITENFELL6, Deputy City Clerk - CMWD 96-306 LEGAL DESCRIPTION SEWER EASEMENT AN EASEMENT OVER A PORTION OF LOT 395 OF RANCH0 CARRILLO VILLAGE G, CARLSBAD TRACT 97-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13837 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON AUGUST 20, 1999 AND DESCRIBED AS FOLLOWS: A 30.00 FOOT STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 2 OF MEADOWLARK ESTATES INTERIM MAP, SAN MARCOS TRACT 391, ACCORDING TO MAP THEREOF NO. 13823, SAID POINT BEING A POINT ON THE EASTERLY LINE OF LOT 395 OF SAID MAP NO. 13837; THENCE ALONG THE WESTERLY LINE OF LOT 2 OF SAID MAP NO. 13823 AND THE EASTERLY LINE OF LOT 395 OF SAID MAP NO. 13837, SOUTH OOO38’47” WEST, 1109.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE 6F LOT 2 AND SAID EASTERLY LINE OF LOT 395, SOUTH 44”40’54” WEST, 337.49 FEET TO THE POINT OF TERMINUS, SAID POINT LYING ON THE EASTERLY SIDELINE OF AN EXISTING CITY OF CARLSBAD GENERAL UTILITY AND ACCESS EASEMENT AS DEDICATED ON SAID MAP NO. 13837. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON THE EASTERLY LINE OF LOT 395 AS SHOWN ON SAID MAP NO. 13837, AND END ON THE EASTERLY LINE OF THE GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP NO. 13837 AND THE EASTERLY RIGHT-OF-WAY OF PASEO PRIVADO AS SHOWN ON SAID SAID PARCEL CONTAINS 10,131 SQUARE FEET, MO PLAT17.DOC OCTOBER 14,lQQQ MEADOWlARK ESTATES . LOCATION MAP 7220 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA EXISTING 20’ PIPELINE AND ACCESS EASEMENT \\ TO COSTA REAL MUNICIPAL WATER DISTRICT REC. 8-8-89 AS F/P NO. 89-423118, O.R. VICINITY MAP NO SCALE. -J-yq/\ c-r 3,0-J J\/J ,\ p -13 8 2 3 EXISTING 150’ EASEMENT TO SDG&E RECORDED \ OCTOBER 11, 1940 IN BOOK 1085, PAGE 71, O.R. SAN DIEGO NO. 89-423118, O.R. ADJOINING CARLSBAD TRACT No. 97-03 x:A‘AU\m~\ML\M\~‘A,~\~‘A,,,--I.“WCI !“-I*- HEADOMARK ESTATES JO8 NO. 0074- SEWER EASEMENT 7221 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA CORNER OF N SCALE 1" = 100' GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD PER MAP 13837 T.P.O.B. + A&w G& GROUP SAN DIEGO SEWER EASEMENT DEDICATION ADJOINING CARLSBAD TRACT No. 97-03 PROJECT EXHIBIT NUMBER B PR- SHEET 2 OF 2 X:ACAD\PRJ\ML\M\PLATS\PLAT17-2.DU’G 10-14-99 MEADOWLARK ESTATES JOB NO. 0074-04 72 22 STATE OF CALIFORNIA COUNTY OF %%D\+a 1 ss. 1 v On %*2X-00 beforeme, M;&dc &- \L#inqe, w &b\;c DATE NAME ANb TITLE OF OFFIC-ER personally appeared 4/ NAME(S) OF SIGNER(S) wpersonally known to me - OR - 0 pmypr(o be the person@ whose name($) is/we subscribed to the within instrument and acknowledged to me that he/&&they executed the same in his/he&heir authorized capacity(ies), and that by his/be&heir signature($) on the instrument the person@ or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. Notary Public - CcJllfomk3 SlGNAtnRE OF NOTARY u (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 96-306 06/14/95 Rev. . 7223 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of Continental Residential, Inc., a California corporation (the “Company”), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy ofresolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January 1, 2000 (the “Resolutions”). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authoritv of David A. Lother. Vice President WHEREAS, effective April 20,1998, David A. Lother was elected to, and continues to serve in, the office of Vice President of the Company (the “Vice President”), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED, that in connection with land development for the Company, without the prior approval, and without the signature, of any other officer of the Company, the Vice President is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, including subcontractor agreements, maintenance contracts, applications to the Department of Real Estate for approval of budgets, homeowner association documents and varies other documents, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, agreements with adjacent property owners, consulting contracts and similar or equivalent agreements, documents or instruments. IN WITNESS WHEREOF, the undersigned has set his hand on the 26th day of January, 2000. ../;, Paul W. Buchschacher, Assistant Secretary