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Home My WebLink AboutPR 00-69; Wilmington Trust Company; 2001-0005417; EasementRECORDING REQUESTED BY * AND WHEN RECORDED, PLEASE MAIL TO: DOG # 2001-0005417 Jan 04, 2001 IO:05 CSM rnICIf#L REalRDs sm mGo lxluHTY RECURDER’S m1cE GRGORY J&tiITH, ~~IiEORDER oci ‘HA City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXE,M PT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.004=?~ ( ) 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. Assessor’s Parcel No.: 214-544-03-00 Project No. & Name: KINDERCARE SAMBI PR 00-69 SDP 99-14 CARLSBAD MUNICIPAL WATER DISTRICT -Lz- @%?LM ROBERT d?WOJCImeputy City Engineer GRANT DEED OF WATER LINE EASEMENT Wilmington Trust Company, a Delaware corporation, not in its individual capacity but solely as trustee under the Kindercare Realty Trust 1999, a Delaware business trust 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, Eng\WordhtastersFors\Grant Deed of Water Line Easement 1 08/I 7198 Rev. 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 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 $30.4 day of llLl$L&2000 . GRANTOR: Wilmington Trust Company, a Delaware corporation, not in its individual capacity but solely as trustee under the Kindercare Realty Trust ‘l999,a Delaware business trust BvjHnderCare Learning Centers, Inc., a Delaware (sign here) corporation, its attorney-in-fact pursuant to a recorded Limited Power of Attorney By: (sign here) Vi& tk?SiMpy\+ 4 CfD f (title of signatory) By: /z&L (sign here) BY: VQ,~ap ccwd 4. Siecufctub (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.) D AS TO FORM: . BALL, GENERAL COUNSEL By: t !,n;3- DAM N B. BROWER, Deputy General Counsel Eng\Word\Masters\Forms\Grant Dead of Water Line Easement 08117198 Rev. CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the grant deed of easement dated August 23; ~26@6,%om Wilmington Trust Company, a Delaware corporation, not in its individual capacity but solety as trustee under the Kindercare : Realty Trust 1999; &k&ware business trust, 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 City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee’consents 80 the recordation thereof by its duly authorized officer. DATED: December’26 2000 : .’ . State of Oregon County of Multnomah This instrument was acknowledged before me on August 23,200O by Robert Abeles as Executive Vice President & CFO and Eva M. Kripalani, Vice President, General Counsel and Secretary of KinderCare Learning Centers, Inc., a Delaware Corporation. . Notary Public - State of Oregon My commission expires: 7-5-03 Reference: Page 2b of Grant Deed of Water Line Easement - KCLC Carlsbad # 1634. REVISED: AUGUST 15,200O JUNE 26,200O J.N. 99-1024 EXHIBIT A - LEGAL DESCRIPTION PR 00-69 BEING A PORTION OF LOT 140 OF CARLSBAD TRACT NO. 92-02 ACCORDING TO MAP NO. 13378 FILED IN THE OFFICE OF THE COUNTY RECORDER, DECEMBER 2,1996 AS FILE NO. 1996-613541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF HIDDEN VALLEY ROAD AND PLUM TREE ROAD ACCORDING TO SAID MAP NO. 13378, THENCE ALONG THE CENTERLINE OF PLUM TREE ROAD OF SAID MAP NO. 13378 SOUTH 89”17’59” EAST 229.55 FEET TO A POlNT ON A 300.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, THE CENTER POINT TO SAID CURVE BEARS NORTH OO”42’01” EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 08’28’42” AN ARC DISTANCE OF 44.39 FEET; THENCE LEAVING SAID CENTERLINE NORTH 07’46’41” WEST 30.00 FEET TO A POINT ION 270.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, THE CENTERPOINT TO SAID CURVE BEARS NORTH 07”46’41” WEST, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY OF SAID MAP NO. 13378, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF LOT 140 OF SAID MAP NO. 13378 AND THE TRUE POINT OF BEGINNING: S:LOOK\CATHW9924WTR.DOC THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 04”58’57” AN ARC DISTANCE OF 23.48 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY OF SAID MAP NO. 13378 NORTH 12”45’38” WEST 20.00 FEET TO A POINT ON A 250.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, CENTERPOINT TO SAID CURVE BEARS NORTH 12”45’38” WEST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 04”58’57” AN ARC DISTANCE OF 21.74 FEET; THENCE SOUTH 07”46’41 EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 452 SQ. FT. = 0.01 ACRES S:LOOK\CATHY\9924WTR.DOC lm2!@ - t- -SUBDMltN 0OUNMY ) RECORD AW NO. 13378 ~~/m!NDlOl ES ABUR?IR’s RiGi RELINQUISED AND WAMD I?&? MAP NO I.3378 KCORD AMP M 13378 1 EASEMENT DATA 1 AREA = 452 SQ. F% = 0.01 AC . SUXE MAIN7ElMAA’tZ AND REC NOti I, 1996 I/~/ :Ab%EUCSM LOT 74 ifAn 473 0’ 15’ 60’ L 7 120’ SCALE: 1” = 60’ tFEV SpACrr /f / &GiWENT PER L MAP NO. 33378 ’ AND UL’LITyUZ.M~T iwlr I f77 No. 1995-G”f214m * -**- - ---- w?mAs- \ AUK 7, WY3 fhimsS~m?A~ tF5mmwIm) CWW? S7GYT DISTMCIF t224Rm RESX#Z70V Hi? MAP I3378 FVBUC s7 LRAIN EAh Mb AfAD ii 7Ht &ES W B.~M /s THE lE.SlERLY R91?7/lW OF 7HE CmWNE OF PLUM TREE AS SHOWN ON MP 13378 Lt: BCWNG N 8s’l7’59’E. LOT 140 LF MP NO. 13378 REC0RDED DECEMBER 2, 1996 APPLICANT: EXHIBIT “B” PREPARED BY: CITY OF CARLSBAD . SHT I oF I SHTS. KINDb’XXRF 650 NE tk3uAwY S7REfl SUIE 1400 A PR 00-69 SDP 99-14 I PMZAN~ OAEGON 97232 GEofl oD4y RCE !i.2014= Ew!72/3I/i f / / SDP 99-14 A.P.N. 214-544-03 WOO0 0’00~ Consultonti mIici ~w0t\99t024vowmov~ e-m0 am41 pll ESI