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HomeMy WebLinkAboutPR 04-15; Real Estate Collateral Management Co; 2004-0490615; EasementRECORDED AT THE REQUEST OF CHICAGO nTLE COMFWY SUBDIVISION DEW. DOC # 2004-0490615 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: 3) City Clerk City of Carlsbad 1200 Carlsbad Village Drive 4 Carlsbad, California 92008 14 I MAIL TAX STATEMENTS TO: L document at no N3 fee as it is to the benefit of the District (Gov. Code [6103].) @ MCIY 27s 2004 10~57 FIM Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No.: 213-112-01 Documentary transfer tax is $ 0.00Affw Project No. & Name: CT 02-20 ( ) 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 04-15 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT -% /gu#wwd ROBERT J. VdCSJCIK, Depe City 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 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 H:/Development ServcieslMasterslDeeds-Grant Deeds-EasementslGrant Deed of Water Line Easement 1 14755 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 "Be' attached hereto and by this reference made a part hereof. Executed by the Grantor this & day odkd 2Q3Y . GRANTOR: Real Estate Collateral Management Company a Delaware Corporation 1 By: ' (sign here) Fred R. Schimel, Vice President (print name and title of signatory) By: (sign here) (print name and title of signatory) By: (sign here) (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 City Attornej H:/Development ServcieslMasterslDeeds-Grant Deeds-EasementslGrant Deed of Water Line Easement 2 14756 State of Illinois )ss County of Cook ) Personally appeared 60 Sdimcr ,17 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 he/she/they 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. On Had 4, zcp~ , before me, DO46 c* &m* I 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 he/she/theyexecuted 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. WITNESS my hand and official seal. Signature of Notary Public 14757 EXHIBIT “A” LEGAL DESC RI PTlON WATERLINE EASEMENT PR 04-15 THAT PORTION OF LOT 65 OF CARLSBAD TRACT 02-20, LA COSTA GREENS NEIGHBORHOOD 1.10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON PA Y 2 7 ,2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 70 OF SAID MAP NO. Iq log , SAID POINT BEING ON THE COMMON LOT LINE OF SAID LOTS 65 AND 70 AND ALSO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 70’26’51” EAST; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID COMMON LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84’48’56” A DISTANCE OF 37.01 FEET; THENCE TANGENT SOUTH 65’15’47”WEST, 6.90 FEET TO THE BEGINNING OF A NON-TANGENT 835.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 68’41’46” WEST; THENCE LEAVING SAID COMMON LINE AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’42’02” A DISTANCE OF 112.23 FEET; THENCE NON-TANGENT NORTH 76’23’48” EAST, 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF ALICANTE ROAD, SAID ROAD BEING 60.00 FEET WIDE AS SHOWN ON MAP NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 12,2003; SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 805.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 76“2348” WEST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05’56’57” A DISTANCE OF 83.59 FEET TO THE POINT OF BEGINNING. Page 1 of2 M:U3 52\69\Legal DescriptionsMOl CMWD-LEGAL.doc JN 2352-69 4/8/2004 14758 CONTAINS 0.073 ACRES, MORE OR LESS. ASSOCIATES SAN DIEGO, INC. Page 2 of 2 M:V352\69\Legal DescriptionsMOl CMWD-LEGAL.doc IN 2352-69 2/27/2004 -. DATE: 2/27/2004 A.P.N.: 213- iiz-ai - 14759 THE BASIS OF BE4RINGS FOR THIS DRAWING IS THE CALIFORNA COORDINATE SYSTEM - 1983, ZONE Vi', BEARINGS BElWEEN STATION CLSB- 153 AND STATION CLSB-070 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY MAP NO. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. IE: N 36'47'12" W REFERENCED BE4RINGS FROM OTHER DOCUMENTS/DEEDS MAY OR MY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION CLSB-753 IS 0.999960800. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID A PORTlON OF LOT 65, OF MlSW TRACT 02-20, LA COSTA GREENS NEIGH8ORHOOD 1.10, w NO. 1W80.s UGEm INDICATES WATER E4SEMENT ARE4 = 0.073 ACRES P.0.c. INDICATES POINT OF BEGINNING / .a R CITY OF I SAN MARCOS PROJECT 'SITE \ \\ \ 1' CITY OF ENClNlTAS VICINITY MAP NOT TO SCALE HUNSAKER &. ASSOCIATES DAVID W. AMBLER L.S. 7322 SAN DIECO, INC PLANNING 10179 Hwnnekens Street EXP. 1 2/3 1 /05 ENGINEERING San Diego, Ca 92121 R \0328\&Map\EP-La Costa-crnwd-1-1 .dwgFeb-27-2004: 13 31 JN. 2352-69 SHEET 1 OF 2 SURVEYING PH(858)558-4500. FX(858)558-1414 WATER GSEMENT PLAT - MlSW MUNICIPAL WATER DISTRICT PR 04-15 EXHIBIT "B" 0 .’* ’ 40 SCALE 1 ”= 40 ’ DATE: 2/27/2004 A.P.N.: 2 13- I \2-0 I 14760 A PORnON OF LOT 65, OF CARLSBAD TRACT 02-20, LA COSTA GREENS NEIGHBORHOOD PR 04-15 1.10, MAP NO. WOS’ EXHIBIT ”B” .._ 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 Comr>anv, A Delaware Comoration, 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