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HomeMy WebLinkAboutMS 04-02; Calvary Chapel - North Coast; 2007-0307701; EasementRECORDED AT THE REQUEST OF CHICAGO TITLE COM»NY SUBDIVISION DEPT. vl RECORDING 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]) 12193 DOC# 2007-0307701 MAY 04, 2007 3:39 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GFlEG0Rr' J SMITH, COUN TY RECORDER FEES 0 nn OC NA PAGES 9 2007-0307701 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 Space above this line for Recorder's use Assessor's Parcel No.: 215-070-36-00 Project No. & Name: MS 04-02, PR 05-68 North Coast Calvary Chapel CARLSBAD MUNICIPAL WATER DISTRICT David Mauser, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Calvary Chapel - North Coast, a California non-profit corporation 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 H /Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 12194 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 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 Z3 day of/W<3| 2( GRANTOR: Calvary Cha corporation, _BYJ North /Coaiit, a California non-profit (sign here) C y(sign here) I. ' (print name and title of signatory) By: (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 Bv: Deputy City Attorney H /Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On QUUQUSf 0 Date personally appeared _ before me, r KIM DUQUETTE Commission #1481566 I Notary PubHc - California , San Diego County MV Comm. Expires Apr 7. 200 I Name(s) of Signer(s) D personally known to me "J<( 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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» / c 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 g>~Z . Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: D Individual ^Corporate Officer — Title(s) D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb he.re Signer Is Representing «> 1999 National Notary Association • 9350 De Soto Ave , P 0 Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotary org Reorder Call Toil-Free 1-800-876-6827 12196 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated August 23, 2005. from Calvary Chapel - North Coast, a California non- profit 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: February 23, 2007 RONNA STICKROD, Deputy Clerk 5£|fe 12197 AUGUST 8, 2005 J.N. 021043 PAGE 1 OF 2 EXHIBIT VA' PR 05-68 WATER EASEMENT LEGAL DESCRIPTION AN EASEMENT 20 FEET WIDE OVER THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTON 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 22; THENCE SOUTH 86°59'46" EAST 186.26 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH SECTION LINE OF SAID SECTION AND CENTERLINE OF AVIARA PARKWAY; THENCE NORTH 14°44'07" WEST 522.89 FEET ALONG SAID CENTERLINE; THENCE NORTH 74°53'48" EAST 51.00 FEET TO A POINT ON THE EASTERLY LINE OF AVIARA PARKWAY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 74°53'48" EAST 150.08 FEET; THENCE SOUTH 14°52'47" EAST 5.90 FEET TO A POINT HEREINAFTER REFERED TO AS POINT 'A' ; THENCE SOUTH 14°52'47" EAST 65.79 FEET TO A POINT HEREINAFTER REFERED TO AS POINT XB' ; THENCE SOUTH 14052'47" EAST 230.08 FEET TO A POINT HEREINAFTER REFERED TO AS POINT VC'; THENCE SOUTH 14°52'47" EAST 120.52 FEET; THENCE NORTH 70°58'28" EAST 120.58 FEET; THENCE NORTH 59°52'13" EAST 131.49 FEET TO A POINT HEREINAFTER REFERED TO AS POINT XD'; THENCE SOUTH 30°33'46" EAST 136.01 FEET TO A POINT ON THE NORTHERLY LINE OF POINSETTIA LANE, TOGETHER WITH; A 20 FOOT EASEMENT THE CENTER LINE OF WHICH BEGINS AT THE HEREINBEFORE DESCRIBED POINT XA' ; THENCE NORTH 75°16'23" EAST 25.00 FEET TOGETHER WITH; A 10 FOOT EASEMENT THE CENTER LINE OF WHICH BEGINS AT THE HEREINBEFORE DESCRIBED POINT v B' ; THENCE NORTH 75°08'29" EAST 25.00 FEET TOGETHER WITH; A 20 FOOT EASEMENT THE CENTER LINE OF WHICH BEGINS AT THE HEREINBEFORE DESCRIBED POINT VC'; THENCE NORTH 75°20'32" EAST 30.00 FEET TOGETHER WITH; O \Legal_Descriptions\971039\PR05-68.doc 12198 AUGUST 8, 2005 J.N. 021043 PAGE 2 OF 2 A 20 FOOT EASEMENT THE CENTER LINE OF WHICH BEGINS AT THE HEREINBEFORE DESCRIBED POINT VD'; THENCE NORTH 59°52'13" EAST 38.13 FEET TO A POINT HEREINAFTER REFERED TO AS POINT (E'; THENCE NORTH 55°32'43" EAST 140.41 FEET; THENCE NORTH 48°35'42" EAST 44.46 FEET; THENCE NORTH 40°30'04" WEST 30.00 FEET TOGETHER WITH; A 20 FOOT EASEMENT THE CENTER LINE OF WHICH BEGINS AT THE HEREINBEFORE DESCRIBED POINT 'E'; THENCE NORTH 30°02'36" WEST 30.00 FEET. THE SIDE LINES OF SAID EASEMENT TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE POINTS, TO TERMINATE AT SAID EASTERLY LINE OF AVIARA PARKWAY, AND TO TERMINATE AT THE NORTHERLY LINE OF POINSETTIA LANE. O:\Legal_Descriptions\971039\PR05-68.doc 12199 COcoO o O iT)OOCXI BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS WESTERL Y SECTION UNE OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AS SHOWN ON MAP No. 13378, I.E. N OO'JJ'JO" £ LEGEND: PROPERTY UNE EXISTING EASEMENT UNE PROPOSED EASEMENT UNE WATER EASEMENT CENTERUNE CITY OF OCEANSIDE HIGHWAY NOT TO SCALE CITY OF VISTA OPEN SPACE -033837 97- EASEME/{r\ I LAYOUT SHT 2 DETAILS DRAINAGE- F/N 1999-0740360 11-05-99 SITE MAP 1" = 400' CITY OF SAN MARCOS PACIFIC OCEAN OMOQL _400' loo1 CITY OF ENCINITAS VICINITY MAP NOSCMf SCALE: 1" = 400' EXHIBIT 'B1 SHT. 1 OF 3 CONSULT T 2710 Loker Avenue WestSuite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 OdayOOdayconsultants.com Civil Engineering Planning Processing Surveying CARLSBAD MUNICIPAL WATER DISTRICT CASEMENTS FOR WATER FACILITIES Date: 08-08-2005 A.P.N. 215-070-36 PR 05-68 G:\971039\9739ZWE01.dwg Aug 10, 2005 3:41pm Xrefs: 9739dstr; 9739dmap 1220® SEE DETAIL 'A' SEE SHEET 4 SEESHEET4 SEEDETAL V SEE SHEET 4 rSEEDETAL 'CISEESHEET ff^^f. 100 SCALE: 1" = 200' SEE DETAIL VSEE SHEET 4 SITE MA.r = 200' CENTERLINE DATA (NO) 8 10 11 12 14 15 DELTA/BEARING 5 86W46"E 14'44'07" W N 74"53'48" E N 74'53'48"E SU-52'47" E S 14'52'47" E S 14"52'47" E S 14"52'47"E N 70"58'28"E N 59"52'1J E SJO'33'46 E N 751623 E N 75V829" E N 75"20'32" E N 59'52'13" E RADIUS LENGTH 186.26' 522.89' 51.00' 150.08' 5.90' 65.79' 230.08' 120.52' 120.58' 131.49' 136.01' 25.00' 25.00' 30.00' 38.13' CENTERLINE DATA 16 17 18 19 DELTA/BEARING N 55'32'43" E N 48'35'42" E N 40'30'04* W N 30W36" W RADIUS LENGTH 140.4T 44.46' 30.00' 30.00 EXHIBIT 'B'SHT. 2 OF 3 CONSULT T S 2710 Loker Avenue WestSuite 100 Carlsbad. California 92010 760-931-7700Fax: 760-931-8680 OdayOOdayconsultants.com Civil Engineering Planning Processing Surveying CARLSBAD MUNICIPAL WATER DISTRICT EASEMENTS FOR WATER FACILITIES Date: 08-08-2005 A.P.N. 215-070-36 PR 05-68 G:\971039\9739ZWE02.dwg Aug 09, 2005 9:12am Xrefs: 9739dstr; 9739dmap X \ 12201 DETAIL V DETAIL 'D' 0' 5' EXHIBIT fBf 10' 40' SCALE: 1" = 20' SHT. 3 OF 3 CONSULT A^N TS 2710 Loker Avenue WestSuite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 OdayOOdaycon3ultants.com Civil Engineering Planning Processing Surveying CARLSBAD MUNICIPAL WATER DISTRICT EASEMENTS FOR WATER FACILITIES Date: 08-08-2005 A.P.N. 215-070-36 PR 05-68 G:\971039\9739ZWE03.dwg Aug 08. 2005 10:32am Xrefs: 9739dstr; 9739dmap