HomeMy WebLinkAboutCUP 172; San Diego, County of; 2005-0916162; EasementRECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL
TO:
City Clerk
City of Carlsbad
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].)
The undersigned grantor(s) declare(s):
DOC # 2005-091 61 62 I lllllll Ill1 lllll lllll IIIII 11111 11111 Ill11 11111 Ill11 11111 11111 Ill1 Ill1
OCT 21,2005 4:31 PM
OFFICIAL RECORDS
GREGORYJ SMITH.. COUNT'Y RECORDER
SAPI DIEGO COUNTY RECORDER'S OFFICE
FEES: 0.00 0 C: NA
8 PAGES:
Space above this line for Recorder's use.
213-020-1 8 760-221-47, Assessor's Parcel No.:
760-221 -73
Documentary transfer tax is $0.00 Project No. & Name: CUP-I72
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
Manellan Aviation, PR 04-29 , PUG, 484f
Co. Parcel No.: 2005-0176-A
CARLSBAD MUNICIPAL WATER DISTRICT
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
ROBERT J. WOJeK, Deputy fly Engineer
GRANT DEED OF WATER LINE EASEMENT
The County of San Diego, a political subdivision of the State of California,
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, 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.
GmtDeedWtrlnEsrnnt.dod2005 Page 1 of 3
"RESERVING THEREFROM the following rights and privileges:
1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace
above said easement, together with the right to cause in said airspace such noise and such
incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for
navigation or of flight in air, using said airspace taking off from, landing at or operating on
McClellan-Palomar Airport.
2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any
other perennial growth or undergrowth extending into, or which in the future could infringe upon or
extend into or above, the McClellan-Palomar Airport clear zone approach surface.
3. The right to require Grantee, at Grantee's sole cost and expense to remove, raze or destroy any
of Grantee's facilities infrirrging upor; or extending into said McClellan-Palomar Airport clear zone
approach surface, together with the right to prohibit the future erection of buildings or other
structures which would infringe upon or extend into said surface.
4. The right to require Grantee, at Grantee's sole cost and expense, to mark and light as
obstructions to air navigation, any and all of Grantee's facilities that may at any time project or
extend above said surface.
5. The right of ingress to and egress from, and passage over the herein described easement, for the
above purposes."
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.
Said easement shall run with the land.
The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantor, its
successors or assigns, from crossing over said real property and agrees that the Grantor, its heirs, successors
and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the
conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any utility line
by it in any excavation made by it in the above described easement and right of way it will backfill any such
excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground,
and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it;
and the Grantee, before constructing any artificial drainage ditches or other facilities that will alter the surface of
the ground such that it could impeded the passage of Grantor or authorized users of Grantor's property over the
easement area, will obtain the consent of the Grantor for the construction of the facilities, which consent will not
be unreasonably withheld.
Page 2 of 3
Dated this &
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
- day of
ss
- On s%Z%%&x /6 ,a before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk
in and for said County and ‘State, personally appeared John J. McTighe, Director, Department of
General Services personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose name@) idare subscribed to the within instrument and acknowledged to me that
helshelthey executed the same in his/her/their authorized capacity(ies) (Pursuant to Ordinance No. 7206
adopted September 23, 1986), and that by his/her/their signature@) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Assessor/Recorder/Cou
By:
(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:
GrntDeedWtrLnEsmnt.dod2005 Page 3 of 3
EXHIBIT A
PR 04-29
LEGAL DESCRIPTION
PUBLIC WATER EASEMENT
THAT PORTION OF McCLELLAN-PALOMAR AIRPORT, BEING A PORTION OF LOT “G” OF THE
RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16,1896, DESC-ED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF McCLELLAN-PALOMAR AIRPORT, AS
SHOWN ON RECORD OF SURVEY NO. 17732, BEING ALSO THE NORTHWEST CORNER OF LOT 32
OF CARLSBAD TRACT NO. 81-46, ACCORDING TO MAP THEREOF NO. 11288; THENCE ALONG
FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 10’1 9’1 1” WEST, 153.29 FEET to the
TRUE POINT OF BEGINNING; THENCE, SOUTH 7Y44’01” WEST, 545.20 FEET; THENCE NORTH
10’15’59” WEST, 289.04 FEET; THENCE SOUTH 79’44’01” WEST, 21.86 FEET; THENCE NORTH
10’15’59” WEST, 7.00 FEET; THENCE SOUTH 79’44’01’’ WEST, 5.00 FEET; THENCE NORTH 10’15’59’’
WEST, 13.00 FEET; THENCE NORTH 79’44’01” EAST, 28.86 FEET; THENCE NORTH lo”15’59” WEST,
16.49 FEET; THENCE NORTH 79’44’01” EAST, 140.88; THENCE NORTH 10’15’59” WEST, 76.89 FEET;
THENCE NORTH 79”4”01” EAST, 12.00 FEET; THENCE SOUTH 10’15’59” EAST, 10.00 FEET;
THENCE NORTH 79’44’01’’ EAST, 8.00 FEET; THENCE SOUTH lO”15’59” EAST, 66.89 FEET; THENCE
NORTH 79’44’01” EAST, 164.25 FEET; THENCE SOUTH 10’15’59” EAST, 20.00 FEET; THENCE
SOUTH 79’44’01’’ WEST, 305.13 FEET; THENCE SOUTH 10’15’59” EAST, 285.54 FEET; THENCE
NORTH 79’44’01’’ EAST, 525.18 FEET; THENCE SOUTH 10’19’1 1” EAST, 20.00 FEET TO THE TRUE
POINT OF BEGINNING.
THE SOUTHERLY LINE OF MCCLELLAN-PALOMAR AIRPORT NORTH 79’40’49’’ EAST, 647.15
CONTAINS 25,077 SQ. FT., 0.576 ACRES, MORE OR LESS.
.LEGAL DESCRIPTION:
)DRESS: 1800 AVENUE OF
HE STARS, SUITE 105
.OS ANGELES, CA 90067
MAT PORTION OF MCCLELLAN-PALOMAR AIRPORT,
BEING A PORTION OF LOT 'G" OF THE RANCHO AGUA
HEDIONDA, IN ME COUNM OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
KBS ENGINEERING
7601 MISSION CENTER COURT, SUITE 100
- SAN DIEGO, CA 92108
ASSESSOR'S PARCEL NO.:
760-221-47-00
760-221-73-00
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PROJECT IS ME MOST NORTHEASTERLY UNE OF MAP NO. 11288 AS SHOWN ON RECORD OF SURVEY MAP 17732
I.€ N 1079'llD W
SAID BEARINGS ARE BASED ON fi &%3, ZONE 6.
ENGINEER OF WORK:
K&S ENGINEERING 7801 MISSION CENTER COURT, SUITE 100
SAN DIEGO, CA 92108
PHONE (619) 296-5565
ROBERT C. IMSANDE, R.C.E. 25609 REGISTRATION EXPIRES 12/13/2005
LEGEND:
P.O.C. INDICATES POINT OF COMMENCING T.P.O.B. INDICATES TRUE POINT OF BEGlNNll - INDICATES LEASE BOUNDARY - - - INDICATES WATER EASEMENT
I\\\\\\y INDICATES AREA OF EASEMENT
CITY OF I\
Planning Engineering Surveying
(619)296-5565 (619)2&SW Fa
7801 Mission Center Court, Suite 100 San Diego, CA 92108
WAER PLAT - W 'PUCANT: ME MAGELLAN
XOUP, uc PREPARED BY:
\
1
A.P.N. 760-221-47 h 760-221-73
PR 04-29
I'
/I I'
I'
WAlERMSnaJTPLAT-CTTYWW
PREPARED BY: APPLICANT: THE MAGELLAN
GROUP, LLC
POR, LOT 'a' RANCHO
AGUA HEDlONDA MAP NO, 823
WEEl2OF.3
A.P.N.
EX. WATER ESMT. TO C.M.W.D. REC. 3/5/1991 AS FILE NO. 91-0095890 OF O.R.
A,P,N, 760-221-73
SCALE: 1 "=80'
S107 5'59"E
20.00'
J
76.89'
E fn
m- .
c
W
6
ADDRESS 1800 AVENUE OF
THE STARS, SUITE 105
LOS ANGELES, CA 90067
. .. ._ K&S ENGINEERING 760-221 -47 dr 760-221 -73
7801 MISSION CENTER COURT, SUITE 100
SAN DIEGO, CA 92108 PR 04-29
UNE DATA
'N 79'40'49" E 10.00'
N 1079'11" W 102.00'
A =2935'31 " R=90.00' L=46.48'
A =7438'43" R48.00' L=62.53'
N 5515'59" W 78.79'
A=451)3'12" R40.00' L=39.32'
A=3310'19" R48.00' L=27.79' N 79'42'22" E 472.28' 1 ----.I---
N 10'57'41" E 160.95' Iz N79'42'22"E 8
WAlGOUSlOUOJTPLAT-CCTYWCMLSAO 4PPUCANT: THE MAGELLAN PREPARED By:
GROUP. uc
d
SHEET 3 OF 3
A.P.N.
SCALE: 1"=100'
MIDRESS: 1800 AVENUE Of
THE STARS, SUITE 105
LOS ANGELES, CA 90067
'----.I--- N 79'40'49" E 415.53' &
E
K&S ENGINEERING 21 3-020-1 8
7801 MISSION CENTER COURT, SUITE 100
SAN DIEGO, CA 92108 PR 04-53
' ------- ----,I, P.O.B. N 79'40'49" En 647.15'
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the Grant Deed of
Easement dated September 16, 2005, from Countv of San Dieno, 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: October 19,2005,2005
Secretary