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HomeMy WebLinkAboutCUP 06-08; Boys and Girls Club of Carlsbad; 2009-0015710; EasementRECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 1200 Carlsbad Village 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].) DOC# 2009-0015710 JAN 13, 2009 2:50 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 8 Space above this line for Recorder's use. 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. Assessor's Parcel No.: 213-191-03 Project No. & Name: CUP 06-08 Boys and Girls Club of Carlsbad PR 07-113 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager DAVID A. MAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Boys and Girls Club of Carlsbad, a California corporation, Grantor(s), does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, 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 to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement rev 3-29-07 1 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 this 3o"day offyuXn 20 GRANTOR: Boys and Girls Club of Carlsbad, a California corporation By: y (sign here) Dave Kulchin, President nt nam§ and/tile^sjnatory) Richard Macgurn, Secretary (print name and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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 General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement rev 3-29-07 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of pOlD O Date personally appeared Here Insert Name and Title of the Officer CUvl Rldkifd Name(s) of Signers) /iVCOWfvi.EXP.rEe.23,2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that litj/slie/they executed the same in-Ws/hef/their authorized capacity(ies), and that by hts/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: • .. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER : Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToil-Free 1-800-876-6827 Hi/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 3 rev 3-29-07 EXHIBIT WA" PR 07-113 WATER UTILITY EASEMENT A PORTION OF PARCEL B AS SHOWN ON THE CERTIFICATE OF COMPLIANCE NO. ADJ 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 24, 2007 AS INSTRUMENT NO. 2007- 0563781 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL B, SAID BEGINNING BEING ON THE NORTHERLY RIGHT-OF-WAY OF BRESSI RANCH WAY 60.00 IN WIDTH ACCORDING TO MAP NO. 14800 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 2004, SAID BEGINNING BEING ON A 330.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE CENTER BEARS SOUTH 50°57'38" EAST; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL B, ALONG SAID RIGHT-OF-WAY, AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°16'04" A DISTANCE OF 41.86 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHERLY, WHOSE CENTER BEARS NORTH 58°13'42" WEST; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74°26'31" A DISTANCE OF 25.99 FEET TO THE NORTHERLY RIGHT-OF-WAY OF PARADISE ROAD, 60.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14800; THENCE TANGENT FROM SAID CURVE, NORTH 73°47'11" WEST 22.57 FEET TO THE BEGINNING OF A TANGENT, 240.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, WHOSE CENTER BEARS SOUTH 16°12'49" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°00'50" A DISTANCE OF 21.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 240.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 04°46'34" A DISTANCE OF 20.01 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND SAID RIGHT OF WAY NORTH 08°48'42" EAST 16.56 FEET; THENCE NORTH 03°07'39" WEST 137.39 FEET TO THE NORTHERLY LINE OF SAID PARCEL B; Page 1 of 2 0:\Legal_Descriptions\051154\WTR ESMT.doc THENCE ALONG SAID NORTHERLY LINE NORTH 86°52'27" EAST 20.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 03°07'39" EAST 90.35 FEET; THENCE NORTH 86°52'26" EAST 11.43 FEET; THENCE SOUTH 03°07'34" EAST 10.00 FEET; THENCE NORTH 86°52'26" EAST 13.97 FEET; THENCE NORTH 03°07'34" WEST 10.00 FEET; THENCE NORTH 86°52'26" EAST 10.00 FEET; THENCE SOUTH 03°07'34" EAST 20.00 FEET; THENCE SOUTH 86°52'26" WEST 35.40 FEET; THENCE SOUTH 03°07'39" EAST 29.13 FEET; THENCE SOUTH 08°48'42" WEST 18.65 FEET TO THE TRUE POINT OP BEGINNING. CONTAINING 0.08 ACRES MORE OR LESS. JOHN P. STROHMI1 L.S. 8219 EXP. 3/31/09 January 2, 2008 JOB NO.: 051154/04 Page 2 of 2 0:\Legal_Deacriptions\051154\WTR ESMT.doc CITY OF ^ OCEANSIDE PACIFIC OCEAN CITY OF ENONITAS VICINITY MAP NO SCALE CONSULT T S 2710 Loker Avenue West Suite 100Carlsbad, California 92010 760-931-7700Fax: 760-931-8680 BOYS A GIRLS CLUB CUP 06-Off LEGEND EXISTING BOUNDARY CMWD EASEMENT WATERUNE \/ / / / / \EASEMENT AREA V / / / / A POINT OF BEGINNING FOB TRUE POINT OF BEGINNING TPOB LEGAL DESCRIPTION PARCEL B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE NO. ADJ 06-20, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 24, 2007 AS INSTRUMENT NO. 2007-0563781 OF OFFICIAL RECORDS. BASIS OP BEARINGS THE BASIS OF BEARINGS IS THE CENTERLINE OF PARADISE ROAD AS SHOWN ON MAP NO. 14800. I.E. N79'57'38'E PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD DATE: JAN. 2008 SHEET 1 OF 2 SHEETS APPLICANT/OWNER: BOYS & GIRLS CLUBS OF CARLSBAD\ P.O. BOX 913 CARLSBAD, CA 92018 (760) 729-0207 JOHN P. STROHMINGER L.S. 8219, EXP. 3/31/09 CUP 06-08 APM 213-191-01 P.P. 07-113 103,26' 20'am EASEMENT- PARCEL 8 ADJ 08-20 DOOJ 2007-0583731 BOYS * ems am COP 06-08 PARCEL A ADJ 08-20 DOOJ 2007-0583781 N86'52'26'E 10.00' 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700Fax: 760-931-8680 EASEMENT - CITY OF CARLSBAD DATE: JAN. 2008 SHEET 2 OF 2 SHEETS APPLICANT/OWNER: BOYS & GIRLS CLUBS OF CARLSBAD P.O. BOX 913 CARLSBAD, CA 92018 (760) 729-0207 JOHN P. STROWlNGER LS. 32/9, EXP. 3/31/09 CUP 06-08 A.P.N. 213-191-01 P.R. 07-113 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated July 30, 2008, from the Boys and Girls Club of Carlsbad, a California corporation to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, 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 Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: January 8, 2009 SMERRY REISINGER, Deputy Secretary