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Home My WebLink AboutPDP 05-01; Leucadia Wastewater District; 2010-0076567; EasementRECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAlL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 MAlL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) I llllll l llll lllll1111111111 lllll lllll lllll lllll lllll llllilllll llll 1111 FEB 16,201 0 3:32 PM UFFlUlAL RECURDS SAN DlEGU COUNTY RECURDER'S OFFICE DAVID L. BUTLER.. COUNTY RECURDER FEES: U.OU U C: N A PAGES: 9 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. w Assessor's Parcel No.: 216-124-22 Project ID: PDP 05-01 Project Name: Leucadia Wastewater District - Related Project ID: PR 08-71 Related Project ID: CT 97-09 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Leucadia Wastewater District, a political subdivision, Grantor(s), 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, 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 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. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings andlor GRANT DEED OF EASEMENT PR 08-71 doc 1 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. Exhibit "B" is attached for clarity only. Executed by the Grantor this 3- day of DEC. 20 09 . GRANTOR: Leucadia Wastewater District, a political subdivision A By: - (sign here) Paul J. Bushee, General Manager (print name and title of signatory) @rint name and title of signatory) (Notarial acknowledgement of execution of GRANTOR 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.) GRANT DEED OF EASEMENT PR 08-71 .doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of 0 1.1 1 /~9 Date before me, /I PLL~ /,c dflh , Here Insert Name and Title of the Officer personally appeared &dm Name@) of Signer@) who proved to me on the basis of satisfactory evidence to be the person(fl whose name0 isla$ subscribed to the within instrument and acknowledged to me that executed the same in hislhf rlttfeir authorized and that by hislhbrlthpr signature9 on the instrument the person(fl, or the entity upon behalf of which the person(g() 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 mv hand and official seal. Place Notary Seal Above Signature S~gnature dl Notary Publlc 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: b rhf 9ecd &Tub\;& &f SMW~ Document Date: lwll~'5 Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(@ Signer's Name: ?luck Jd8a5hee Signer's Name: 17 Individual Individual B Corporate Officer - Title(s): 64 Mh4~O Corporate Officer - Title(s): Partner - Limited General Partner - Limited General Attorney in Fact Attorney in Fact Trustee Trustee Guardian or Conservator Guardian or Conservator Other: Other: Signer Is Representin : h&~ P&&- 1 Signer Is Representing: - ' 02007 Nat~onal Notary Assoc~at~on 9350 De Soto Ave PO Box 2402 SChatsworth CA 91313-2402. www Nat~onalNotary org Item #I5907 Reorder Call Toll-Free 1-800 876-6827 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT PR 08- 71 THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10,2003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF CARLSBAD TRACT NO. 97-09, MAP NO. 14038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 2000; THENCE ALONG THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 89" 26' 18" WEST A DISTANCE OF 33.12 FEET; THENCE ALONG THE EAST LINE OF LOT 1 OF SAID MAP NO. 14038, SAID LINE ALSO BEING THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 00" 33' 42" EAST A DISTANCE OF 44.53 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 90" 00' 00" EAST A DISTANCE OF 43.00 FEET; THENCE NORTH 00" 00' 00" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 90" 00' 00" EAST A DISTANCE OF 17.20 FEET; THENCE NORTH 00" 00' 00" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 90" 00' 00" WEST A DISTANCE OF 60.00 FEET TO A POINT ON THE EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038; THENCE ALONG SAID EASTERLY SUBDIVISION BOUNDARY SOUTH 00" 33' 42" WEST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. L \PROJECTS\0438\Adrn1n\LegalsEXHlBIT-A-Ons1te-Rev1 1-24-09 doc Page 1 of 2 PARCEL "B" COMMENCING AT THE AFORMENTIONED POINT "A; THENCE ALONG THE EAST LINE OF LOT 1 OF SAID MAP NO. 14038, SAID LINE ALSO BEING THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 00" 33' 42" EAST A DISTANCE OF 149.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 65" 58' 49" EAST A DISTANCE OF 32.07 FEET; THENCE NORTH 24" 01' 11" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 65" 58' 49" WEST A DISTANCE OF 22.93 FEET TO A POINT ON THE EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038; THENCE ALONG SAID EASTERLY SUBDIVISION BOUNDARY, SOUTH 00" 33' 42" WEST A DISTANCE OF 21.99 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1,580.00 SQ. FT L.S. 6622 i L ~ROJECTS\0438\Admin\Legals\EXHIBIT-A-Onsite-Rev11-24-09 doc Page 2 of 2 -- THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTH LINE OF LOT NO. 7 AS SHOWN ON MAP NO. 14038. I.E. N 89"26'18" W VICINITY MAP NO SCALE P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES WATERLINE EASEMENT Engineering, Inc. Civil Engineering Land Surveying 6859 Federal Boulevard Lemon Grove, California 91 945 (619) 582-4992 FAX (619) 582-7428 DWG. FILE: ~.\~R0~~~~~\0438\En~r\~ater ~smt\~atrEsmt-0nsiteRev.dwg SHEET 1 OF 3 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT PDP 05-01 PR 08-71 EXHIBIT -- "B" - - DATE: 03/02/2009 A.P.N.: 21 6-124-22 A PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DlEGO COUNTY APRIL 10, 2003. 1. SEE SHEET 3 SCALE: I" = 100' Engineering, Inc. Clvil Engineering Land Surveying 6859 Federal Boulevard Lemon Grove, Calzfornza 9 1945 300' (67 9) 582-4992 FAX (61 9) 582-7428 A.P.N.: 21 6-124-22 ~~~~~ MAP THEREOF NO. 17771, OUNTY RECORDER OF SAN JjJAP 1\]Q, "14r33B N 90'00'00" E 43.00' SCALE: 1 " = 50' Engineering, Inc Clvil Engineer~ng Land Surveying 6859 Federal Boulevard Lemon Grove, Calzfornza 91 945 (61 9) 582-4992 FAX (61 9) 582-7428 A.P.N.: 21 6-124-22 MAP THEREOF NO. 17771, CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated December 1, 2009, from the Leucadia Wastewater District, a political subdivision 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 Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer DATED: February 10,2010