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HomeMy WebLinkAboutPR 07-94; Leucadia Wastewater District; 2008-0092888; EasementDOC# 2008-0092888 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].) 10689 FEB 22, 2008 4:53 PM OFFICIAL RECORDS GAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES:11 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.: 213-124-22-00 Project No. & Name: POP 05-01 Leucadia Wastewater District PR 07-94 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), Leucadia Wastewater District, a Political Subdivision, 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 I/Development Servcles/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 10690 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 20th day ofDecember2Q07 . GRANTOR: Leucadia Wastewater District, a political subdivision / (sign here) Paul J. Bushee, General Manager (print name and title of signatory) _§yj / (sigrf'here) (print /fame 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 Deputy General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 10691 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared s^ .2007 before me, TriSKg Name and Title ol Office J . rtofo/tf PuM»C r (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) TRiSHA MIRANDA Commlttton * 176S720 Notary Public - CoMfomia i $on D**go County t Place Notary Seal Above X personally known to me I] (or proved to me on the basis of satisfactory evidence) to be the person^) whose name^) is/are subscribed to the within instrument and acknowledged to me that he/s/e/tjse'y executed the same in his/h/r/tb4ir authorized capacity(i$s), and that by his/rjeV/pfeir signature^) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signature. OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: YQtJl^N. D D Individual Signer's Name: D Individualmuiviuuai ~ i . i i MIUIVIUUCU Corporate Officer — Title(s): (^CflgffiJ M.M\GtQ0C G Corporate Officer — Title(s): n»-» »-4viAv i i i : .-w^+ns-j i i /™* nn.n ».n i "y ;i D,-. fin A*- i i i irviiinj-j i i /"^*-M-Q Partner — Q Limited G General Q Attorney in Fact G Trustee D Guardian or Conservator G Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Partner — D Limited D General 3 Attorney in Fact G Trustee D Guardian or Conservator D Other: _ Signer Is Representing: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 10692 EXHIBIT "A" LEGAL DESCRIPTION WATERLME EASEMENT PR 07-94 THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF CARLSBAD TRACT NO. 97-09, MAP NO. 14038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 2000; THENCE ALONG THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 89° 26' 18" WEST A DISTANCE OF 33.12 FEET; THENCE ALONG THE EAST LINE OF LOT 1 OF SAID MAP NO. 14038, SAID LINE ALSO BEING THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 00° 33' 42" EAST A DISTANCE OF 54.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 17.86 FEET; THENCE NORTH 45° 00' 00" EAST A DISTANCE OF 41.01 FEET; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 12.97 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING NORTH 90° 00' 00" EAST A DISTANCE OF 129.18 FEET TO A POINT HEREIN DESIGNATED AS POINT "B"; THENCE CONTINUING NORTH 90° 00' 00" EAST A DISTANCE OF 6.07 FEET TO A POINT HEREIN DESIGNATED AS POINT "C"; THENCE CONTINUING NORTH 90° 00' 00" EAST A DISTANCE OF 32.71 FEET; L:\PROJECTS\0438\Admin\Legals\EXHIBIT-A-Onsite.doc Page 1 of3 10693 THENCE NORTH 00° 00' 00" EAST A DISTANCE OF 50.36 FEET; THENCE NORTH 08° 59' 12" EAST A DISTANCE OF 71.32 FEET TO A POINT HEREIN DESIGNATED AS POINT "D"; THENCE CONTINUING NORTH 08° 59' 12" EAST A DISTANCE OF 56.71 FEET; THENCE NORTH 24° 01' 22" WEST A DISTANCE OF 61.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038, AND SHALL BE LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS. PARCEL "B" A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "A", THENCE SOUTH 00° 00' 00" EAST A DISTANCE OF 27.26 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". PARCEL "C" A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "B", THENCE SOUTH 00° 00' 00" EAST A DISTANCE OF 35.14 FEET; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 16.23 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". THE SIDELINES OF SAID 10.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS. L:\PROJECTS\0438\Adiriin\Legals\EXHIBIT-A-Onsite.doc Page 2 of 3 10694 PARCEL"D' A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "C", THENCE NORTH 00° 00' 00" EAST A DISTANCE OF 18.70 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". PARCEL "E" A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "D", THENCE NORTH 81° 00' 48" WEST A DISTANCE OF 155.29 FEET; THENCE SOUTH 65° 58' 49" WEST A DISTANCE OF 92.19 FEET TO A POINT ON THE EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". THE SIDELINES OF SAID 20.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038, AND SHALL BE LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS. SAID EASEMENT CONTAINS 15,093.56 SQ. FT. THOMAS A. JON L.S. 6622 L:\PROJECTS\0438\Admin\Legals\EXHIBIT-A-Onsite.doc Page 3 of3 CITY OF . OCEANSIDE CITY OF VISTA 10695 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTH LINE OF LOT NO. 7 AS SHOWN ON MAP NO. 14038. I.E. N 89'26'18" W CITY OFSAN MARCOS PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE LEGEND P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES WATERLINE EASEMENT AREA = 15,093.56 S.F. THOMAS A. JONES L.S. 6622 EXP. 12/31/09 DWG. FILE: L:\PROJECTS\0438\Engr\Water Esmt\WatrEsmt-Onsite.dwg Engineering, Civil EngineeringLand Surveying Inc. 6859 Federal BoulevardLemon Grove, California 91945 (619) 582-4992 FAX (619) 582-7428 SHEET 1 OE 3 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 11/07/2007 A.P.N.: 216-124-22 A PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003. POP 05-01 PR 07-94 EXHIBIT "B1 10696 FOR .07 5\ CARLSBAD TRACT 97 MAP MO. 14033 POR .OT 9 SCALE 1"=100' SCALE: 1" - 100'NOTE: 1. SEE SHEET 3 FOR DETAILS. DWG. FILE: L:\PROJECTS\0438\Engr\Water Esmt\WatrEsmt-Onsite.dwg CDS Engineering, Inc. Civil EngineeringLand Surveying 6859 Federal Boulevard Lemon Grove, California 91945 (619) 582-4992 FAX (619) 582-7428 SHEET 2 OF 3 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 11/07/2007 A.P.N.: 216-124-22 A PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003. POP 05-01 PR 07-94 EXHIBIT "B' 10697 CARLSBAD TRACT 97-09 MAP MO. 14033 .OT 1 N 24'01'22I> W 61.00' N SCALE r=so' N 08'5912" E 56.71' ' POINT "Df BEGIN PARCEL 'E' ROS 17771 EXIST. EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES DEDICATED TO THE CITY OF CARLSBAD PER MAP NO. U038 , N OO'OO'OO" E 18.70W ~+-J /7-N 90*00'00" E 17.86' \ 10 » N 45*00'00" E 41.01' \\ 10' I. N 90'Q^pO" E 12.97' N.ftfdd'OO" E 129.18' v^x v V POINT 'A' X \ BEGIN PARCEL 'B' >^ V POINT 'B' ^s^v BEGIN PARCEL I——rSs OO'OO'OO" E .^ 5 27.26' 10LI I , SOO-00'00"35.14 :\ N 08'59'12" E 71,32' N OO'OO'OO" E 50.36' N 90'QO'OO" E , ,32.71' PARCELED' 90WOO E 6.0 00" E 16.23' NORTH LINE LOT 7 m COR. LOT MAP NO. 14038 OT7 SCALE: 1" = 50' Engineering, Inc. Civil EngineeringLand Surveying 6859 Federal BoulevardLemon Crave, California 91945 (619) 582-4992 FAX (619) 582-7428 DWG. FILE: L:\PROJECTS\0438\Engr\Water Esmt\WatrEsmt-Onsite.dwg SHEET 3 OF 3 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 11/07/2007 A.P.N.: 216-124-22 A PORTION OF LOT 9 IN SECTION 35. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003. POP 05-01 PR 07-94 EXHIBIT "B' 10698 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated December 20, 2007, from Leucadia Wastewater District.a Political Subdivision, 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: February 21, 2008 - og:0 v»\»»"'"<..^VWPAlJL.. -, ~ , x /^i'^l^'^REISINGER/Deduty Secretary GOVERNMENT CODE 27361.7 10699 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Trisha Miranda Commission Number: 1768720 Date Commission Expires: September 18, 2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature^City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 2/21/08 Rec. Form #R10 (Rev.7/96)