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Home My WebLink AboutPR 03-105; Real Estate Collateral Management Co; 2004-0490617; Easement' RECORDED AT THE REQUEST OF CHIGAG0 TITLE COMW SUBDlVSSlON Den. DOC # 2004-0490617 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: ' City Clerk 3' City of Carlsbad 9 Carlsbad, California 92008 1200 Carlsbad Village Drive b 14 MAIL TAX STATEMENTS TO: EXEMPT rQ Please record the document at no it is to the benefit of the istrict (Gov. Code [6103].) Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No.: 213-110-03 Documentary transfer tax is $ O.OOA$@W ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and Project No. & Name: Village of La Costa, The Greens CT 02-21 encumbrances remaining at time of sale. - PR 03-105 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT ROBERT J. WmIK, Depueity Engineer GRANT DEED OF WATER LINE EASEMENT Real Estate Collateral Management Company, a Delaware 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 a pressure reducing facility, and appurtenances, 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 1 H:/Developrnent ServcieslMasterslDeeds-Grant Deeds-EasernentdGrant Deed of Water Line Easement 14764 devices, alarms, lights, and to and from said facility reconstructing said facility. The uses described all other protective facilities and devices. The use shall also include a means of access for the purpose of constructing, operating, repairing, maintaining, inspecting and 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 day of hhW 20 0 GRANTOR: --?- ' (sign here) Fred Schimel, Vice President (print name and title of signatory) By: (sign here) (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 By: RJQ QG~ Deputy City Attorney H:/Development ServcieMasterdDeeds-Grant Deeds-EasementdGrant Deed of Water Line Easement 2 14765 State of Illinois )ss County of Cook ) Personallyrap peared Schm e/ $&personally known to me 0 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 helsheltheyexecuted the same in hislhedtheir authorized capacity(ies), and that by hislhedtheir signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On.@r.mrw- 2‘1 w Blcrl./p c. ffm40 I ESS my hand and official seal. Signature of Notary Public State of Illinois )ss County of Cook ) On , before me, I Personally appeared ,O personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislhedtheir signatures 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. Signature of Notary Public 14766 EXHIBIT “A” LEGAL DESCRIPTION PR 03-105 THAT PORTION OF LOT 40 OF LA COSTA GREENS NEIGHBORHOOD 1.12, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1 Y846, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON A9 27 -, 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE WESTERLY BOUNDARY LINE OF LOT 42 OF LA COSTA MEADOWS UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 6800, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON DECEMBER 9,1970; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 42, SOUTH 00’43’35” WEST, 61.24 FEET (SOUTH 00’43’27” WEST, 61 .OO FEET, RECORD PER MAP NO. 6800) TO A ZODIAC STREET AS DEDICATED TO THE PUBLIC ON SAID MAP NO. 6800; THENCE POINT ON THE WESTERLY PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY OF WESTERLY ALONG SAID PROLONGATION OF SAID NORTHERLY RIGHT-OF-WAY NORTH 89’16’09” WEST (NORTH 89”14’40” WEST RECORD PER SAID MAP NO. 6800), 12.62 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27’57’10” A DISTANCE OF 24.39 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 28’41’01” EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15’28’53” A DISTANCE OF 18.91 FEET; THENCE LEAVING SAID CURVE NORTH OO”44’41” EAST, 43.79 FEET; THENCE NORTH 88’29’16’’ EAST, 14.25 FEET; THENCE SOUTH 29”12’00” EAST, 53.88 FEET; THENCE SOUTH OO”44’41” WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.034 ACRES, MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :G M:\2352\71\legal descriptionW01 LOT 12 CMWD.DOC WO 2352-71 2/16/04 IS OF BEARINGS; 14767 DATE: 2/16/2004 A.P.N.: __--_____ 213-112-03 THE BASIS OF BGIRINGS FOR THIS DRAWING IS THE CALIFORNIA NORTH AMERICAN DATUM OF 1983 (NAD83), GRID BEARINGS BETWEEN STATION CLSB-034 AND STATION CLSB-035 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF P.O.C. INDICATES POINT OF COMMENCEMENT COORDINATE SYSTEM - 1983, ZONE V, 1991.35 EPOCH, T.P.0.B. INDICATES TRUE POINT OF BEGINNING INDICATES WATER EASEMENT AREA vI/1 PARCEL ’2” = 0.034 ACRES POR77ON OF LOT 40 OF CITY OF MLSW TRACT NO. 02-21, LA COSTA GREENS, NEIGHBORHOOD 1.12, MAP NO. HUNSAKER & ASSOCIATES IAN DIEGO. INC PLANNING XmSHuemekenrStreet ENUNEERINC San Dpgo, Ca 92l2l DAVID W. AMBLER L.S. 7322 SHEET 1 OF 2 SURVEYING PH(858)55MSWJ. FX(858)558-l4l4 EXP. 12/31 /05 R:\O329\&Map\DP NEIGH 112 CMWD SHT 0l.dwgFeb- 16-2004:08:48 KO. 2352-71 WATER WEMENT PLAT - CARLSW MUNlClPAL WATER DlS7RICT SURVEY MAP NO. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. IE: N 14.38’03” E REERENCED BGIRINGS FROM OTHER DOCUMENTS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION CLSB-034 IS 0.999950820. GRID = GROUND DISTANCE X COMBINED SCALE FACTOR. ALGA RD. VICINITY MAP NOT TO SCALE L.S. 7322 I PR 03-105 I I EXHIBIT ”B” 14768 )ATE: 2/ 16/2004 1. P. N -: ____-______ 213-112-03 RADIUS PORTION OF LOT 40 OF CIN OF MLSRAD TRACT NO. 02-21, LA COSTA GREENS, NElGH8ORHOOD 1.12, MAP NO. lYErob LOT 40 N88’29 ’ 16 ‘E- --- yP.0.C. PARCEL 2n ANGLE POINT IN BOUNDARY Of MAP NO. 6800 AND MAP NO. /I 7 -fd , e 14543 q-? ZY 9 0 t (N89’14’40”w - MAP 6800) -N89’ 1 6’09 ”W 12.62 ’ - T. P. 0. B. PARCEL ‘2” 30’ G E E rn 0 p: 0 u 5 ZODIAC STREET 3 44 0 40 80 30’ 120 I i i i SCALE 1 ”= 40 ’ HUNSAKER & ASSOCIATES SAN DltGO, INC :\0329\&Map\DP NEIGH 1 12 CMWD SHT 02.dwaFeb- 16-2004:08:55 KO. 2352-71 SHEET 2 OF 2 WATER DSEMENT PLAT - MLSRAD MUNICIPAL WATER DISTRICT PR 03- 105 I I EXHIBIT ”B” 14769 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated February 24, 2004, kom Real Estate Collateral Management Company, A Delaware 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: May 24.2004