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HomeMy WebLinkAboutCT 99-04-02; Real Estate Collateral Management Co; 2004-0655486; Easement1 ,' . RECORDED AT THE REQUEST 6 3 CHICAGO TITLE COMWNY SUBDIVISION DEPT. RE~ORDIN'G REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Villqge Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103]. 24169 DOC # 2004-0655486 JUL 14,2004 4:38 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 O c: NA PAGES: 11 I11111 U111 Hlll1111111111 Ylll1111 Ill11 Ill11 1111 Ill11 MI11 Ill11 11111 111 Ill1 2004-0655486 I Space above this line for Recorder's use. 13066 5ci7 = 44.w The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 Project No. & Name: CT 99-04-02, PR 02-109 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Villages of La Costa - La Costa Ridge encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. ( ) Llnincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT b. Ad&AW& ROBERT J. mOJCIK, Heputy City Engineer GRANT DEED OF WATER LINE EASEMENT Real Estate Collateral Management Company, a Delaware Corporation does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, 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, 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 protect the facility 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 H., Development SewciedMasterslDeeds-Grant Deeds-EasementslGrant Deed @f Water Line Easement 1 , 24170 to and fronl 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 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. Executed by the Grantor this2 Yti! day ofbU7 200 Y. . GRANTOR: Real Estate Collateral Management Company, a Delaware Corporation / Jii&y (sign here) . - /me/ . v f TQ- Pmdw* (print n'ame and title of signatory) Bv: (sign here) (print name and title of signatory) Bv: (sign here) By: (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer 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, GENERAL COUNSEL By: Deputy City Attorney H:/Developrnent ServcieslMasterslDeeds-Grant Deeds-EasernentdGrant Deed of Water Line Easement 2 24171 STATE OF ILLINOIS COUNTY OF COOK ss. 2004 before me, Diana C. Moreno, Notary Public PERSONALLY personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal DIANA C MORENQ WOTARY PUBLIC, STATE OF ILLINOIS MY C0MM)BIIIOH EXPIRES: 10104/q5 Signature fit-- t*%*+P Diana C. Moreno 24172 EXHIBIT “A” LEGAL DESCRIPTION WATERLINE EASEMENT PR 02-109 PARCEL “A” A STRIP OF LAND LYING WITHIN LOTS 227,229 AND 244 OF CITY OF CARLSBAD TRACT NO. 99-04-02, VILLAGES OF LA COSTA, LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. IY 638 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON 5 lJ by 1L.I. Lm ’f , THE CENTERLINE FOR SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 244, SAID POINT BEING ON THE SOUTHERLY TERMINUS OF THAT LINE WHICH HAS A 1542.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 69’05’14” EAST; THENCE NORTHERLY ALONG SAID WESTERLY BOUNDARY, AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6’23’46” A DISTANCE OF 172.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE NON-TANGENT TO SAID CURVE AND LEAVING SAID WESTERLY BOUNDARY, SOUTH 68’34’20” EAST, 299.95 FEET; THENCE NORTH 87’29’26” EAST, 208.63 FEET; THENCE SOUTH 51 “00’00” EAST, 240.40 FEET; THENCE NORTH 39”OO’OO” EAST, 5.00 FEET TO POlNT “A’; THENCE SOUTH 51 “00’00” EAST, 5.98 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66’45’00” A DISTANCE OF 116.50 FEET; THENCE TANGENT SOUTH 15”45’00” WEST, 52.67 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46’45’00 A DISTANCE OF 203.99 FEET; THENCE TANGENT SOUTH 31”OO’OO” EAST, 51.42 FEET TO POlNT “B’: THENCE NORTH 51 ‘34’10” EAST, 165.12 FEET TO POlNT “C”, THENCE NORTH 52’09’07” EAST, 186.29 FEET; THENCE NORTH 70’30’23” EAST, 20.00 FEET; THENCE SOUTH 19’29’37” EAST, 10.00 FEET TO THE POINT OF TERMINUS OF PARCEL A, SAID POINT BEING ON THE NORTHWESTERLY LINE OF THAT PIECE M:\2352V I\Legal Descriptias\A03 CMWD-I -3.doc W.O. 2352-21 2/18/2004 Page 1 of 3 24173 IY 83P OF LAND LABELED AS “NOT A PART” ON SAID MAP THE SAID STRIP OF LAND SHALL BE 20.00 FEET WIDE, 10.00 FEET ON EACH SIDE OF THE CENTERLINE FROM THE TRUE POINT OF BEGINNlNG TO SAID POINT “A”. THE SAID STRIP OF LAND SHALL BE 30.00 FEET WIDE, 15.00 FEET ON EACH SIDE OF THE CENTERLINE FROM SAID POINT “A”T0 SAID POINT “B”. THE SAID STRIP OF LAND SHALL BE 20.00 FEET WIDE, 10.00 FEET ON EACH SIDE OF THE CENTERLINE FROM SAID POINT “B”T0 THE POINT OF TERMINUS OF PARCEL A. THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE WESTERLY BOUNDARY OF SAID LOT 244 AND TERMINATE EASTERLY WITH THE ARC OF A 322.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL FROM THE POINTOF TERM/NUS OF PARCEL A, BEARS NORTH 65’23’58” WEST. THE NORTHWESTERLY SIDELINE OF THAT COURSE DESIGNATED AS NORTH 39”OO’OO” EAST, 5.00 FEET AND THE NORTHEASTERLY SIDELINE OF THAT COURSE DESIGNATED AS SOUTH 5I000’00”EAST, 5.98 FEET, SHALL BE SHORTENED OR EXTENDED SO AS TO INTERSECT WITH EACH OTHER THE SOUTHWESTERLY SIDELINE OF THAT COURSE DESIGNATED AS SOUTH 31 “00’00’’ EAST, 51.42 FEET AND THE SOUTHEASTERLY SIDELINE OF THAT COURSE DESIGNATED AS NORTH 51’34‘10” EAST, 165.12 FEET, SHALL BE SHORTENED OR EXTENDED SO AS TO INTERSECT WITH EACH OTHER. CONTAINS 0.818 ACRES, MORE OR LESS. APN 223-720-07, 09, 14 M:V352Vl\Legal DescriptionsL403 CMWD-1-3.doc W.O. 2352-21 211 80004 Page 2 of 3 24174 PARCEL “B” A 20.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT 229 OF CITY OF CARLSBAD TRACT NO. 99-04-02, VILLAGES OF LA COSTA, LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. lq 939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON a 0 by jq >OOY ,THE CENTERLINE FOR SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A PREVIOUSLY DESCRIBED POINT “C OF PARCEL “A”; THENCE NORTH 86’55’00” EAST, 28.49 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42”27’12” A DISTANCE OF 44.46 FEET TO THE POINT OF TERMINUS OF PARCEL B, SAID POINT BEING ON THE NORTHWESTERLY LINE OF THAT PIECE OF LAND LABELED AS “NOT A PART” ON SAID MAP lq g3 9 THE.SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE EASTERLY SIDELINE OF PREVIOUSLY DESCRIBED PARCEL A AND TERMINATE EASTERLY WITH THE ARC OF A 322.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL. FROM THE PO” OF TERMNUS OF PARCEL 6, BEARS NORTH 36’52’22” WEST. CONTAINS 0.025 ACRES, MORE OR LESS. APN 223-720-09 ASSOCIATES SAN DIEGO, INC. M:V352V 1 \Legal DescriptionsM03 CM WD-I -3 .doc W.O. 2352-21 211a/2004 Page 3 of 3 24175 )ATE: 2/ 18/2004 \.P.N.: -223-720-07,09,14 P.0.C. INDICATES POINT OF COMMENCEMENT T. P.O. B. INDICATES TRUE POINT OF BEGINNING [ ] INDICATES RECORD DATA PER ROS 17206 ---- INDICATES EXISTING EASEMENT .......... INDICATES WATER MSEMENT ARM I PARCEL "A" = 0.818 ACRES -a .. .. 1 INDICATES WATER MSEMENT AREA PARCEL "B" = 0.025 ACRES ......... ......... L-4 ~ PR 02- 109 PORnON OF LOTS 227, 229 AND 244 OF CT. 99-04-028 VILLAGES OF LA COSTA, LA COSTA RIDGE, MP NO. iY 8.3 8 EXHIBIT "B " SAN MRCOS Q I=1 I OF BEARINGS: THE EASIS OF BEARINGS FOR THIS DRAWING IS THE NAD '83 CALIFORNIA COORDINATES SYSTEM ZONE 6 GRID BDRINGS BETWEEN * FIRST ORDER STATION 3075 AND FIRST ORDER STATION 3085 AS SAID COORDINATES ARE PUBLISHED IN RECORD OF SURVEY MAP NO. 15376. I.E. N 04'55'38" W THE COMBINED SCALE FACTOR AT STATION 3085 IS 0.99993993. GRID DISTANCE = GROUND DlSTANCE X COMBINED SCALE FACTOR. VlClNlp/ MAP N. f.s HUNSAKER & ASSOCIATES SAN DIEGO, INC DAVID W. AMBLER L.S. 7322 PLANNING lOl79WemekemStnet EXP. 12/31 /05 EK"ING SmDkgqCaSrm NRVMNG PH(858bXU500~ ~858b5Sl4U : \0261\Wap\EF'-r idge-cmwd-1-1 .DWeb-18-2004: 16 19 JN. 2352-21 SHEET 1 OF 4 WATER EASEMENT PLAT - MLSBAD MUNICIPAL WATER DISTRICT PM DATE: 2/ 18/2004 A.P.N.: 223-720-07109114 LOT 234 MAP 14378 Fa08 17206 PR 02-109 POR77ON OF LOTS 227, 229 AND 244 OF CT. 99-04-02, WlLAGES OF LA COSTA, LA COSTA RIDGE, No. (qB38 EXHIBIT "B" 24176 \\ , AIRTOUCH CELLULAR c4SE. 1/18/1996, F/P. 1996-026859, no SHEET 2 OF 4 U.A. SUR NC P 858)55845oo.Fx(858)5w~u R:\O26YqcM ap\ 8 -r idge-cmwd-1-2.DWGFeb-18-2004 16 19 JN. 2352-21 WATER EASEMENT PLAT - C4RLSW MUNICIPAL WATER DISTRICT rgGEND: 24177 DATE: 2/ 18/2004 A.P.N.: 223-720-07*09*14 .......... INDICATES WATER EASEMENT AREA !A.b:.-.: ...... c4.c: .. c .. INDICATES WATER EASEMENT ARE4 .......... ......... 0 PARCEL "A" = 0.818 ACRES PARCEL "B" = 0.025 ACRES FJ 0 SCALE 1 "= 100 -3- v PI? 02-109 POR77ON Of LOTS 227, 229 AND 244 Of CT. 99-04-02, VILLAGES OF LA COSTA, LA COSTA RIDGE, MP NO. JYB38 EXHIBIT "B" 245 22B APN 223-720-14 APN 223-720-07 PROPOSED ACCESS / , EASE PER CT & ASSOCIATES SAN DIECQ INC WING 1M79Huan$comSUeet ENQNEERINC SanDkgo,G9ZlZl SURVMNG PH(858)5M45M). Fx(sSS~Ul4 t \026l\kMap\EP-r idge-cmwd-1-3.DWGFeb-18-2004: 16 20 A. 2352-21 SHEET 3 OF 4 228 WATER €4SEMEM PLAT - MLSW MUNICIPAL WATER DISTUICT ,. 24178 XEGENE L2 L3 .......... INDICA.TES WATER EASEMENT AREA ......... .......... El PARCEL “Ap = 0.818 ACRES , ....% I .... ...... INDICATES WATER EASEMENT ARE4 PARCEL “B” = 0.025 ACRES N 70*30’232 20.00’ N 19’29’37”W 10.00’ NUMBER I BEARING I DISTANCE Ll I N 86’55’00”E I 28.49’ NUMBER DELTA c1 42’27’12” RADIUS LENGTH 60.00 44.46 I c2 I28*31’36” 1322.00 I 160.32 I 100 200 300 0 II 0, c .. W -I 0 Vl a \ ENGINEERING SmmCa92lZl SURWANG PH(858)5584500. FX(858)5S&l4l4 R \026l\kMo~\EP-r idae-cmwd-l-4.DWGFeb-18-2004: 16: 24 A. 2352-21 \ SHEET 4 OF 4 WATER WEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT PU 02-109 PounoN OF LOTS 227, 229 AND 244 OF CT. 99-04-02. VILLAGES OF LA COSTA. LA COSTA DATE: 2/ 18/2004 I EXHIBIT ”B” 24179 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Februarv 24, 2004, from Real Estate Collateral Management Companv. a Delaware Corporalion, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, 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: Julv 8, 2004 L e" *- P' - - -* I* E r? v 5' ISABELLE PAULSEN, Deputy Secretary J - . I k.