HomeMy WebLinkAboutCUP 172A; COUNTY OF SAN DIEGO; 2011-0371078; Easement9539
DOCtt 2011-0371078
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
AND WHEN RECORDED.
PLEASE MAIL TO;
District Secretary
Carlsbad Municipal Water District
1200 Carisbad Village Drive
Carlsbad, California 92008
And a copy to:
County of San Oie^o
Real Estate Services (MS0200)
5560 Overland Ave, Suite 410
San Diego. California 92123
MAIl TAX STATEMENTS TO' EXEMPT
Please record the document at no fee
as It is to the benefit of the District
(Gov. Code f61031.)
MP
JUL 21, 2011 1:46 PM
OFFICIAL RECORDS
SAN OIEGO COUNTY RECORDER'S OFFICE
Eme»l J Dionenbuig, Jf, COUNTY RECORDER
FEES. 000
OC- NA
PAGES: 12
The undersigned grantor{s) dedarefs):
Documentary transfer tax Is S 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.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.; 213-020-18
Project ID: CUP 172-A
Related Project ID: PR 04-31
Related Project ID: ^
/jj Project Name: Palomar Airport
County Parcel No. 2010-0255-A
GRANT DEED OF PUBLIC WATER EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged. I (We), the COUNTY OF SAN DIEGO, a
polillcal subdivision of the State of California, hereinafter called Grantor, 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, a public water easement.
Purpose; the public water 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 (he 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 fomns 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.
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9540
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.
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 McCieitan-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 McCleltan-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 Infringing upon or extending into said McClellan-Palomar Airport clear zone approach
surface, together with the right to prohibit the future erection of building or other structures which would
infringe upon or extend into said suriace.
4. The right to require Grantee, at Grantee's sole cost and expense, to mari( 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 Ihe above
purpose.
LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties
more particulariy described in Exhibit "A" attached hereto and made a part hereof, and shown in Exhibit "B". also
attached for convenience only.
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9541
Executed by the Grantor this ^B7^day of jipjet/. 20 // .
GRANTOR: County of San Olego
April F. Heinz^^.E., Di Director
Department of General Services
STATE OJvOVLIFORNIA
COUNTY OF SANJ}IEG0
On u ^ in -, before me,. Deputy County Cleri< In and for
said County and State. pergi^|Jf appeared APRIL F. HEINZE, P.E.. Director, Department of General Services,
personally Known to me to be the^fwn whose name is subscribed to the within instrument and acknowledged to me that
she executed the same In her authonS^e^ capacity, and that by her signature on the instnjment the County executed the
same.
I certify under PENALTY OF PERJURY under
correct.
WITNESS my hand and official seal.
s of the State of California that the foregoing paragraph is true and
"9^
Ernest J. OronenBurg, Jr. der/County Cleric
larnngtcmrPLS: Deputy
. Senior Land Surveyor \
20IO-0255ACM\VD<locx REV4/1VI0
9542
2010-0255-A
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
> SS
On 4/ ^8 before me, Thomas G. Harrington, Deputy County Clertt in and for said County and State,
personally appeared April F. Helnze, P.E., Director, Department of General Services, who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity and by her signature on the instnjment
the persons, or Ihe entity upon behalf of which the persons 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.
Ernest J. Dronenburg, Jr., Assessor/Recorder/County Clert<
ngton • Deputy
9543
2010-0255-A
PR 04-31
EXHIBIT "A"
LEGAL DESCRIPTION FOR WATER EASEMENT
AU THOSE PORTIONS of Lot "G" of the Rancho Aqua Hedionda. In the County of San Diego. State of
California, according to Map thereof No. 823, filed In the Office of the Recorder of said San Diego County,
hereinafter described as follows:
PARQKL "A"
20.00 foot wide wateriine easement described as follows:
Commencing at a point designated as Engineer's Station 181+44.56 E.C. on Road Survey No. 1534, a
plat of which is on file In the Office of the County Engineer of said San Diego County, said point being the
Easteriy Tenninus of a curve, concave Southeasterly, in the centeriine of said Road Survey, having a
radius of 2000.00 feet, a central angle of 23'26'49", and a length of 818.45 feet;
THENCE South 65'26'10" West (South 64''52'38" West, per Right of Way Map for Road Survey 1534-66)
and (South 65'27'00" West, per Easement Document No. 70-58580. recorded April 3, 1970 of Official
Record, hereinafter referenced as D.D.) along a line tangent to said curve. 105.69 feet to the beginning of
tangent, curve, concave Norlheriy, having a radius of 1000.00 feet, (1000.00 feet per D.D.);
THENCE Westeriy along said curve through a central angle of 14M5'20'' (14M5'20". per D.D.), a distance
of 248.81 feet (248.80 feet, per D.D.);
THENCE tangent to said curve South 79'4r30'' West, 680.25 feet (South 79'42*20'' West, 680.25 feet
per D.D,);
THENCE South 10'18'30" East. 10.00 feet (South 10'17'40- East. 10.00 feet, per D.D.);
THENCE South 25M9'08" West, 94.81 feet (South 25'49'58' West, 94.81 feet, per D.D.);
THENCE South 79*2r49'' West. 126.65 feet (South 79'22'39" West. 126.65 feet, per D.D.);
THENCE South 50'38'05'' West, 90.94 feet (South 50°38'55" West, 90.94 feet, per D.D.) to the beginning
of a tangent curve, concave Northwesterly having a radius of 360.00 feet;
THENCE Westeriy along said curve through a central angle of 5'35'00", a distance of 35.08 feet;
THENCE North 33'46'55" West, 5.00 feet fo the Northerly line of said Easemeni Document No. 70-58580
and the TRUE POINT OF BEGINNING;
THENCE leaving said Northerly line North 10'18'47" West, 518.27 feet;
THENCE South 79Mri3" West, 73.13 feet;
THENCE South 10M8'47'' East, 64.71 feet;
THENCE South 79*41'13" West. 264.25 feet;
THENCE North 10'18'47" West. 28.87 feet:
THENCE South 79'41'13'' West, 391.62 feet;
THENCE South 10'18'47" East, 200.82 feet;
THENCE South 79'41*13" West, 84.88 feet;
R6974tgh_ExhibilA_Le9a!DBSWtpLWaiefEasement _ 2010
9544 2010-0255-A
THENCE South 10*18'47" East, 318.37 feet to a point on the Northerly line of Parcel III as shown on
Deed to Cartsbad Municipal Water District as File No. 70-58580 recorded April 3.1970 of Official record;
THENCE continuing along said Northeriy line of said Parcel III North 79'34'05" East. 20.00 feet;
THENCE leaving said Northeriy line North 10'18'47" West, 298.33 feet;
THENCE North 79*41'13" East, 94.31 feet;
THENCE North 10M8'47" West, 20.00 feet;
THENCE South 79*41'13" West. 9.43 feet;
THENCE North 10'18'47'' West, 46.51 feet;
THENCE North 79'4ri3'' East. 9.37 feet;
THENCE North 10'18'47" West. 20.00 feet;
THENCE South 79M1'13" West, 9.37 feet;
THENCE North 10M8'47" West. 114.32 feet;
THENCE North 79Mri3" East. 131.05 feet;
THENCE South 10M8'47" East. 17.31 feet;
THENCE North 79'41'13" East. 20.00 feet;
THENCE North 10'18'47" West. 17.31 feet;
THENCE North 79'41'13" East, 200.57 feet;
THENCE South 10'18'47" East, 28.87 feet;
THENCE North 79'41'13" East. 65.67 feet;
THENCE South 10'18'47" East. 8.59 feet;
THENCE North 79'4ri3" East, 20.00 feet;
THENCE North 10'18'47'' West, 8.59 feet;
THENCE North 79'4ri3" East, 219.58 feet;
THENCE North 10'18'4r West. 64.71 feet;
THENCE North 79*41'13" East, 32.13 feet;
THENCE South 10''18'47" East. 120.61 feet;
THENCE South 79'4ri3'' West. 8.39 feet;
THENCE South 10M8'47" East. 20.00 feet:
THENCE North 79*41'13" East. 8.39 feet;
THENCE South 10*18'47" East, 40.62 feet;
THENCE South 79*41'13" West. 8.39 feet;
R6974igh_ExhibilA_Leg8lOe«cripLWeterEa3emeni _ 2010
9545 2010-0255-A
THENCE South 10* 1 B'47" East, 20.00 feet;
THENCE North 79'41'13" East, 8.39 feet;
THENCE South 10*18'47" East. 14.22 feet:
THENCE South 79*41 '13" West, 8.39 feet;
THENCE South 10*18'47" East, 22.11 feet:
THENCE North 79'41'13" East, 8.40 feet;
THENCE South 10*18'47" East. 75.08 feet;
THENCE South 79*41'13" West. 332.65 feet;
THENCE South 10*18'47" East. 35.96 feet;
THENCE North 79*41*13" East. 20.00 feet;
THENCE North 10*18*47" West. 15.95 feel;
THENCE North 79*41*13" East. 312.65 feet;
THENCE South 10*18*47" East. 21.68 feet;
THENCE South 79*41*13" West, 9.11 feet;
THENCE South 10°18'47" East, 46.48 feet;
THENCE North 79*41*13" East, 9.11 feet:
THENCE South 10*18'47" East. 105.45 feet to a point in the Northeriy line of Parcel III as shown on Deed
to Carisbad Municipal Water District as File No. 70-58580 recorded April 3, 1970 of Official Record, said
point being in the arc of a non-tangent 355.00 foot radius curve, concave Northwesteriy. a radial line to
said curve at said point bears, South 30*?8'23" East,
THENCE Northwesterly along said Northeriy line, and along the said curve through a central angle of 03
28*32'', a distance of 21.53 feet to the TRUE POINT OF BEGINNING.
Total area for Parcel "A" -1.08 acres more or less
R6974tgh_ExhibllA_L«g8ro«cnpt_W8iBrEBsemem ^ 2010
9546
EXHIBIT "B"
1 FCrAi. PfSCf^^PTlQM;
ALL THOSE PORTIONS OF LOT "C' OF THE RANCHO
AQUA HEDJONOA, IN THt COUNIY Of SAN Dlf.GO,
STATE OF CALIFORNIA. ACCORDING TO WAP
THEREOF NO B2.J. FILED IN THE OfTlC- OF THE
RCCC^OtRS OF SAID SAN OlEGO COUNTY.
HEREINAFTER DESCRIBED AS rOLLOWS.
A????FSSQP$ PARCEL NO;
760-221-1 through 8
RA^IS QF BEARINgS;
THE BASIS OF BEARING FOR THIS SURVEY IS
rue CENTERUNF 0^ PALOMAR AIRPORT ROAD
AS PER R.OS. NO. »7990
IE N 53'5J'J9" t
LEOEND;
P.O.B
T.P.0.8.
( )
INDICATES THE POtNT OF BEC'Nir^G
INDICATES THE TRUE POINT QF BEGlNINC
INDICATES EASEMENT DEED TO CARLSBAD
MUNICIPAL WATER DISTRICT AS PER OOC. NO.
5858C, R£C0*?DE0 APRIL i, 1970
INDICATES PROPOStO 20' WAIER EASEMENT
AREA=i 08 ACRES MORE OR LESS
INDICATES CFNTERUNE
m
INDICATES PUBLIC UTILITIES EASEMENT fOR
EGRESS AND INGRESS GRANTED TO SAN DiCGO
GAS AND fLECTRIC RECORDED MARCH 19. 1987
AS FILE NO 87-142110 OF OFRCIAL RECORDS.
INDICATES PUBLIC UTILITIES EASEMENT FOR
FCRtSS AND INGRESS GRANTED TO SAN DIVCO
GAS AND ELECTRIC RECORDED JANUARY 15. 1955
AS FILE NO. 6205 OF OFHCiAL RECORDS.
INDICATES A WATER PiPLlNE EASEMENT GRANTED
TO THE CALSBAD MUNICIPAL WATER DISTRICT
RECORDED APRIL 3 1970, AS TILE NO. 58580 OF
OFFICIAL RECORDS.
INDICATES PUBLIC UTILITIES EASFMENJ FOR
EGRESS AND INGRESS GRANTED TO SAN OiECO
CAS AND ELECTRIC RfCORDED AUGUST 4. 1959
AS DOCUMENT NO. 157899 IN BOOK NO. 7807
PAGE 5J2 CF OFFICIAL RECORDS.
N.T.S.
WATERUNE EASEMENT PLAT- CITY OP CARLSBAD EXHIBIT "B'
SET. 1 OF 4
APPUCANT: Palomar Airport CeoUr
Atta: Kchui Sai
A.P.N. 760-221-J Tbnj 8
2192 Ptlonar Airport RM< CUP 172-A
Ctrifbad, Ca. 92008 PR 04-3i
KES RLP
9547
EXHIBIT B
WATERUNE EASEMENT PUT- CITY OF CARLSBAD EXHIBIT "B'
SHT. 2 or 4
Piloaar Airport Center Atta: Ricliard Sai
7M-22J-I Thru 8
2192 Paloaar Aiiport Roa^ CUP 172'A
CarUbad. Ca. 92006 PR 04-31
PHAIK BV;
KES
PICCXEDBY: RLP
9548
EXHIBIT 'iBl
LT15:^ •> »co.
I/)
L-2 N79'41'13"E 9.1V
S10'18'4rE 46.48'
S79-4V13-E 9.ir
S10'1B'47-E 21.68'
N79»4n3"E 8.40'
L-7 S10'1B'47-E 22.11"
L-8 S79'41'13"W 8.39
S10'1B'47"E 14.2^'
N79'4n3"E _8.39
L-11 S10-1B'47"E 20.00'
L-12 S79-4ri3'W 8.39
U-IJ S10-18'47''E 40.62'
L-14 N79-4n3''E B.39^
L-15 S10M8'47-E 20.00'
L-16 S79'4n3*'W
L-17 S79*4ri3''W 32.13'
L-19 N79-4n3-E 20.00'
L-20 S10*18'47''E 35.98'
N1018'47-W 8.59
N79'4ri3-E 20.00'
S10'16'47"5; 9T59
L-9 SCALE r^lOO'
N79
:3'2832
x35500'
:21.53
(N79-22'39"E
N79'21'49"E
(N50-38'55't 90,94')
N50-38'05"E 90.94'
^«5-35'00"
R«360.00'
U«35.08
121
^2i
IfATERUNE EASEMENT PLAT- CITY OF CARLSBAD EXHIBIT "B"
sat. 9 Of 4
APPUCANT;
PalomiT Airport CroUr AUa: Ricbard Sax
A.P.N. 760-221-1 Tliru 6
8192 Palomar Airport Boad CUP 172-A
Carlfbad, Ca. 02008 PR 04-31
KES RLP
9549
EXHIBIT B
SCALE r-
. WATERUNE EASEMENT PLAT- CITY OF CARLSBAD EXHIBIT "B"
SBT. 4 OP 4
APPUCANT: PaJomar Airport Center Atta: Richard Sax
2192 Ptlomtr Airport Road
A P N. 700-221-1 Thru 8
CUP 172-A
CarUbad. Ca. 82000 PR 04-31
m*ii BY- CHECKED BY: KES RLP
9550
CERTIFICATION FOR ACCEPTANCE OF DEED
(CMWD)
This is to certify that the Interest in real property conveyed by the Grant Deed of
Easement dated April 28,2011. from the County of San Diego, a California Public
Agency, 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 Carisbad, is hereby
accepted by the Board of Directors of the Carisbad Munidpal 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: June 15.2011
SHfcRRY/fREISINGER, Deputy Secretary
This IS a true certified copy of the record
if It bests the seai. imprinted in purple ink
ERNESli DRONENBURG. JR. 0^
•,./J^,--«sai«-v-^> Assesbor/Recorcier/Cierk
''"^•^SgiS^^ San Diego Count). California