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HomeMy WebLinkAboutPIP 06-07; Danielson DSS LLC; 2008-0287071; EasementDOC# 2008-0287071 q? RECORDING 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].) 12642 MAY 28, 2008 4:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 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.: 213-261-06-00 Project No. & Name: Bressi Ranch Lot 15 PIP 06-07 PR 07-123 Waterline easement CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone^General Manager By: DAVID A. MAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Danielson D.S.S., LLC, a California limited liability company, 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 12643 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 /"2> day of (Y\eufcJ^ 2Q&% . GRANTOR: Danielson D.S.S., LLC, a California limited liability company (sign here) Kenneth featterlee, Manaher sme and title of signatory) ^ ' _Byj (sigrvHere) (print name and 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 By: _ Deputy General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 12644 ACKNOWLEDGEMENT STATE OF: California COUNTY OF: San Diego } ss: On March 13, 2008, before me, Amy Sharp, a Notary Public for said state, personally appeared Kenneth R Satterlee, President, Danielson D.S.S., LLC 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 Signature Seal) COMM. #1612066 NOWRYSAN DBQO COUNTY MyCommMon OCTOBER" 12645 EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT PR 07-123 BEING A PORTION OF LOT 15 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005 AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 30, 2005 AS DOCUMENT NO 2005-850718, MARCH 1, 2007 AS DOCUMENT NO 2007-0140625, BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF SAID MAP NO. 14960, ALSO KNOWN AS THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LOT LINE 1. NORTH 09°07'54" WEST 307.33 FEET TO TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LOT LINE, 2. NORTH 80°52'06" EAST 9.15 FEET; THENCE 3. SOUTH 54°07'54" EAST 18.85 FEET; THENCE 4. NORTH 76°54'33" EAST 132.86 FEET; THENCE 5. NORTH 80°23'35" EAST 56.69 FEET; THENCE 6. NORTH 09°36'25" WEST 7.15 FEET; THENCE 7. NORTH 79°42'21" EAST 10.00 FEET; THENCE 8. SOUTH 09°36'25" EAST 7.27 FEET; THENCE 9. NORTH 80°23'35" EAST 82.57 FEET; THENCE 10. NORTH 09°36'25" WEST 13.87 FEET; THENCE 11. NORTH 80°23'35" EAST 10.00 FEET; THENCE 12. SOUTH 09°36'25" EAST 13.00 FEET; THENCE 651WTRESMT-LEG Page 1 of 3 12646 13. SOUTH 76°37'54" EAST 17.34 FEET; THENCE 14. NORTH 80°52'06" EAST 47.71 FEET TO A POINT ON THE EASTERLY LOT LINE OF SAID LOT 15; THENCE ALONG SAID EASTERLY LOT LINE 15. SOUTH 09°07'54" EAST 20.00 FEET; THENCE LEAVING SAID EASTERLY LOT LINE, 16. SOUTH 80°52'06" WEST 32.87 FEET; THENCE 17. SOUTH 09°08'50" EAST 168.24 FEET; THENCE 18. NORTH 80°51'10" EAST 10.97 FEET; THENCE 19. SOUTH 09°08'50" EAST 10.00 FEET; THENCE 20. SOUTH 80°51'10" WEST 10.97 FEET; THENCE 21. SOUTH 09°08'50" EAST 16.79 FEET; THENCE 22. SOUTH 80°51' 10" WEST 20.00 FEET; THENCE 23. NORTH 09°08'50" WEST 5.00 FEET; THENCE 24. SOUTH 80°51' 10" WEST 7.09 FEET; THENCE 25. NORTH 09°07'54" WEST 10.00 FEET; THENCE 26. NORTH 80°52'06" EAST 7.09 FEET; THENCE 27. NORTH 09°08'50" WEST 180.52 FEET; THENCE 28. NORTH 76°37'54" WEST 13.76 FEET; THENCE 29. SOUTH 80°23'35" WEST 156.62 FEET; THENCE 30. SOUTH 76°54'33" WEST 45.49 FEET; THENCE 31. SOUTH 13°05'27" EAST 17.63 FEET; THENCE 32. SOUTH 09°08'50" EAST 119.47 FEET; THENCE 33. NORTH 80°51'55" EAST 8.50 FEET, THENCE 34. SOUTH 09°08'50 EAST 4.84 FEET, THENCE 651WTRESMT-LEG Page 2 of 3 12647 35. NORTH 80°51' 10" EAST 26.84 FEET; THENCE 36. SOUTH 09°08'50" EAST 10.00 FEET; THENCE 37. SOUTH 80°51'10" WEST 35.33 FEET; THENCE 38. SOUTH 09°08'50" EAST 10.00 FEET; THENCE 39. SOUTH 80°51' 10" WEST 60.25 FEET; THENCE 40. SOUTH 09°07'54" EAST 49.53 FEET; THENCE 41. SOUTH 80°52'06" WEST 51.42 FEET TO A POINT ON THE WESTERLY LOT LINE OF SAID LOT 15; THENCE ALONG SAID WESTERLY LOT LINE 42. NORTH 09°07'54" WEST 20.00 FEET; THENCE LEAVING SAID WESTERLY LOT LINE, 43. NORTH 80°52'06" EAST 31.42 FEET; THENCE 44. NORTH 09°07'54" WEST 49.52 FEET; THENCE 45. NORTH 80°51' 10" EAST 60.25 FEET; THENCE 46. NORTH 09°08'50" WEST 123.62 FEET; THENCE 47. NORTH 13°05'27" WEST 16.94 FEET; THENCE 48. SOUTH 76°54'33" WEST 75.87 FEET; THENCE 49. NORTH 54°07'54" WEST 19.67 FEET; THENCE 50. SOUTH 80°52'06" WEST 0.86 FEET; THENCE 51. NORTH 09°07'54" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 18,438.98 FTSQ (0.423 ACRES) MORE OR LESS RUDY P. PACHECO LS 5717 EXP. 9-30-09 651WTRESMT-LEG Xf OP r»i\*>^ Page 3 of 3 LINE TABLE NO. U L2 LJ L4 L5 L6 L7 L8 L9 LW L11 L12 L13 L14 L15 L16 L17 • BEARING N09'36'25"W N79'42'21"E N09'X'25"W N09'X'25'W NdOWJS'E N09'36'25"W N80-51'10"E N09V8'50"W N80"51'10"E N09"08'50"W N80"51'10"E NOBVB'SO'W N09V7>54"W N805f'55"E N09V8'50°W N80'52'06"E N09V7'54'W LENGTH 7.15' 10.00' 7.27' 13.87' 10.00' 13.00' 10.97' 10.00' 10.97' 16.79' 20.00' 5.00' 10.00' 8.50' 4.84' 0.86' 20.00' EXHIBIT 'S'i2648 /mccr LOCATION THIS PROJECT IS LOCATED WITHIN ASSESSORS PARCEL NUMBERS 213-261-06 CITY OF VISTA Project site. CITY OF SAN MARCOS PACIFIC OCEAN BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTHERL Y LINE OF LOT 15 OF TRACT CT 02-15 LEGAL DESCRIPTION: LOT 15 OF CARLSBAD TRACT CT 02-15 OF BRESSI RANCH MAP NO. 14960 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION: RUDY P. PACHECO, LS. NO. 5717 MY REQSTRAMN EXPIRES 09/30/09 DATE VICINITY MAPI NOT TO SCALE EASEMENT <7> ABUTTER'S RIGHTS OF INGRESS AND EGRESS TO OK FROM PALOMAR AIRPORT RD. EXCEPTING THEREFROM THE ACCESS OPENINGS HA VE BEEN DEDICATED OR RELINQUISHED ON MAP NOS. 14600 AND 14960. AN EASEMENT SHOHN OR DEDICATED ON THE MAP AS REFERRED TO IN THE LEGAL DESCRIPTION FOR: LANDSCAPE MAINTENANCE AND INCIDENTAL PURPOSES. 25' LANDSCAPE EASEMENT A SETBACK PER MAP NO. 14960 AN A VGA TION EASEMENT RECORDED ON AUGUST 11, 1987 AND AUGUST 20, 1987 AS DOCUMENT NO'S 87-452377 AND 87-472299 OF OFFICIAL RECORDS PARTNERS 'Planning and Engineering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858) 376-3444 Fax: (858) 376-3555 CARLSBAD MUNICIPAL WATER DISTRICT DATE:1-16-08 SCALE: 1" = 60' A.P.N.213-261-06 WATER EASEMENT LOT 15 PER MAP NO. 14960 PIP 06-07 DRAWN BY: PARTNERS ENG'G PR 07-123 SHEET-OF2 651ESMT01.dwg 3-5-08 8:59:24 am EST EXHIBIT 'B _ L=313'58 SEEDE 'A'BELOW EXIST LOT 15 PROPERTY LINE INDICATES WATER EASEMENT DEDICATION WHIN LOT 15 AREA=18,43&98 SF (0.423 AC) POINT OF BEGINNING TRUE POINT OF BEGINNING EXISTING EASEMENT (SEE SHEET 1) LOT MAP 14960D=18'4J47 R=90.00'L=29.42 N7n6'13'W45.09 S90W'00"E % CAMPBELL PL* R=82.00' L=141.99' GRAPHICAL SCALE CARLSBAD MUNICIPAL WATER DISTRICT DATE:1-16-08 SCALE: 1" = 60' A.P.N.213-261-06 WATffl EASEMENT LOT 15 PER MAP NO. 14960 PIP 06-07 DRAM BY: PARTNERS ENG'G. PR 07-123 SHEET:20F2 651ESMT01.dwg 3-5-08 8:59:24 am EST 12650 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated March 13, 2008, from Danielson D.S.S., LLC, 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: May 8. 2008 ERRY FKEISINGER, De/uty Secretary