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HomeMy WebLinkAboutPR 04-13; Real Estate Collateral Management Co; 2004-0490612; EasementRECORDED AT THE REQUEST OF CHICAGO mE COM WNY SUBDIVISION DEPT. DOC # 2004-0490612 RECOR.0ING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk Q City of Carlsbad Ir\ 1200 Carlsbad Village Drive $' Carlsbad, California 92008 Q MAIL TAX STATEMENTS TO: EXEMPT # \ 3 Please record the document at no 0 fee as it is to the benefit of the 9 District (Gov. Code [6103].) MIlY 27m 2004 10~57 BN Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No.: 213-1 11 -04 Documentary transfer tax is $ 0.OwW Project No. & Name: CT 02-23 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and Village of La Costa, The Greens encumbrances remaining at time of sale. PR 04-1 3 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT L 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. 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 public potable water 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 Purpose: H:/Developrnent Servcies/Masters/Deeds-Grant Deeds-EasementslGrant Deed of Water Line Easement devices, alarms, lights, and to and from said facility reconstructing said facility. The uses described 14746 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 "Bl' attached hereto and by this reference made a part hereof. Executed by the Grantor this @ day of l;"rd 20 CrCr . GRANTOR: Real Estate Collateral Management Company a Delaware Corporation Fred R. 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: H:IDevelopment ServcieslMasterslDeeds-Grant Deeds-EasementslGrant Deed of Water Line Easement 2 14747 State of Illinois )ss County of Cook ) h P_ &Qnd ,@-personally known to me onflarzXqtzClr( ,b Personally appeared 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 his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. efore 5&qd my hand and official seal. c. Signature of N6tary Public OFFICIAL SEAL DIANA C MORENO NOTARY PUMK, STATE OF lLLlNOlS State of Illinois )ss County of Cook ) On , before me, 9 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) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their 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 EXHIBIT “A” LEGAL DESCRIPTION WATERLINE EASMENT PR 04-13 THAT PORTION OF LOT 84 OF CARLSBAD TRACT 02-23, LA COSTA GREENS NEIGHBORHOOD 1.08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON mA -i 2 7 ,2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: go3 FILED IN THE OFFICE OF COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 84; SAID CORNER ALSO BEING ON THE BEGINNING OF A 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID CORNER BEARS NORTH 24’35’40” EAST; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 84, AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01’50’20” A DISTANCE OF 13.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE AND NON-TANGENT NORTH 26’26’00” EAST, 11.26 FEET; THENCE SOUTH 59’58’00” EAST, 47.45 FEET; THENCE SOUTH 32O36’00” WEST, 10.83 FEET TO A POINT ON THE PREVIOUSLY SAID SOUTHWESTERLY LINE AND SAID 430.00 FOOT RADIUS CURVE, A RADIAL TO SAID POINT BEARS NORTH 32’36’00” EAST; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06’10’00’’ A DISTANCE OF 46.28 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.01 1 ACRES, MORE OR LESS. 3-I-ZOa4 ER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. M:\2352\67\Legal DescriptionsMOl CMWD WATER ESMT.doc WO 2352-67 a27104 I DATE: 2/27/2004 A.P.N.: 2\3-\l\-O 'I IS OF BEARINGS; POR77ON OF LOT 84 OF CIV OF CARLSW NEiGH8ORHOOD 1.08, MAP NO. IqgO3 TRACT NO. 02-23, LA COSTA GREENS, PR 04-13 EXHIBIT "B" 14749 THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM - 1983, ZONE W, 1991.35 EPOCH, P.0.C. INDICATES POINT OF COMMENCEMENT T.P.O.8. INDICATES TRUE POINT OF BEGINNING 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 INDICATES WATER EASEMENT AREA m PARCEL '2 '' = 0.01 1 ACRES SURVEY MAP NO. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. lE N 14'38'03" E REFERENCED BEARINGS 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 DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. \ HUNSAKER VICINITY MAP NOT TO SCALE & ASSOCIATES SAN DIECO, INC PLANNING 10179 Hwnnekem Street SURVEYING PH(858)558-4500 * FX(858)558-1414 EXP. 1 2/3 1 /05 ENGINEERING San Dego, Ca 9221 R \0326\&Map \DP NEIGH 108 CMWD SHT 0I.dwgFeb-27-2004 KO. 2352-67 OF MARCOS -PROJECT SITE L.S. SHEET 1 OF 2 WATER €4SEMENT PLAT - CARLSR4D MUNICIPAL WATER DISTRICT I . \ NUMBER c1 I I DELTA RADIUS LENGTH 0 1’50 ‘20 430.00 13.80 -12 L2 L3 / 14750 N 59*58’0O’’W 147.45’ N 32.36 ’00 ”E (R) I 10.83 I )ATE: 2/27/2004 \.P.N.: 213-111-04 I c2 I OSIO’OO” 1430.00 146.28 I PR 04-13 PORTION Of LOT 84 Of ClTy Of CARlSR4D TRACT NO. 02-23, LA COSTA GREENS, NElG#l3OR#OOD 1.08, MAP NO. Iq EXHIBIT ”By’ 1- 1 1 NUMBER I BEARING I DISTANCE I ‘1 0 60 120 180 SCALE 1 ”= 60 ’ PLANNING 10179 Huennekem Street SURVEYING PH(858)558-4500 FX(858)558-1414 SHEET 2 OF 2 ENGINEERING San Diego, Ca 92121 ’:\0326\&Map\DP NEIGH 108 CMWD SHT 02.dwgFeb-27-2004 W.O. 2352-67 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT I I 14751 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated March 4. 2004, from Real Estate Collateral Management ComDanv, A Delaware Coworation, 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: Mav 24. 2004