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HomeMy WebLinkAboutPR 08-01; Calavera Hills II LLC; 2008-0110897; EasementRECORDED 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].) DGC# 2008-0110897 MAR 03, 2008 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: f, *-'V" Space above this line for Recorder's use. 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 c- which is hereby acknowledged Assessor's Parcel No.: 168-360-05-00 Project No. & Name: SDP 06-06 Robertson Ranch East Village P.A. 19 >R 08-001 GARLSEA!> MUNICIPAL WATER DISTRICT Mark Stone, General By: DAVID A. HAUSER, Deputy City Engineer GRANT DEED Of WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged. I (We), Calavera Hills II, LLC, a California limited liability company, 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 ail other protective facilities and devices. The use shall also include a means of access H:/Developmsnt Gervciss/Mastere/Deeds-Grant Deeds-Easements<Gram Deed of Water Line Easement 1 11859 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?QfcL day of l/W^W 20 GRANTOR: Calavera Hills II, LLC, a California limited liability company By: McMillin Companies, LLC, a Delaware limited liability company, It's Manager _Byj 6" (sign here) Brian Milich, Senior Vice President (print name and title of signatory) By: jL^^^Y^fi^ (sig/( here) Don Mitchell, Senior Vice President (print name 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 Bv:PL Deputy General Couns H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 11360 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me,JfrLUo^ Dala * % personally appeared D 0 f> Wl\ tt Vl fcU & Here Insert Name and Title of the Name(s) of Slgner(s) " tCMCCA WALLACE CornnrriMton * 16*7038 Son Dtogo county i Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person@ whose namelf)<i»<^r£>subscribed to the within instrument and acknowledged to me that he/&hs^fiey)executed the same in .bieArefrfiefr authorized capacitates), and that by hisi*i«r|fiei^signa!ur<g on the instrument the person<|J) or the entity upon behalf of which the persond^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea/ Signature OPTIONAL 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: D Individual D Corporate Officer — Title(s): C Partner — CH Limited D General D Attorney in Fact D Trustee G Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402-vmw.NationalNowry.org Item #5907 Reorder:CallToll-Fiee i-800-876-6827 H:\Development Services\MASTERS\DEEDS, GRANTS, EASEMENTS\GRANT DEED OF EASEMENT CITY (6-2-00).doc REVISED 3/28/05 11861 January 31, 2008 J.N.: 011014-3 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT SDP 06-06 PR 08-001 PORTIONS OF LOT 6 AS SHOWN ON MAP NO. 15608, ROBERTSON RANCH EAST VILLAGE, CARLSBAD TRACT NO. 02-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007 AS FILE NO. 2007-0612802, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6, SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF GLEN AVENUE AS SHOWN ON SAID MAP 15608; THENCE LEAVING SAID CENTERLINE AND ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 08°20'52" WEST 30.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SAID GLEN AVENUE; THEN ALONG SAID RIGHT-OF-WAY NORTH 81°39'08" EAST 21.41 FEET TO THE BEGINNING OF A TANGENT 470.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°28'26" AN ARC DISTANCE OF 3.89 FEET TO THE BEGINNING OF A TANGENT 67.00 FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°53'06" AN ARC DISTANCE OF 23.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY OF GLEN AVENUE AND RADIAL TO SAID CURVE NORTH 28°42'24" WEST, 2.71 FEET; THENCE NORTH 59°00'50" EAST, 5.50 FEET; THENCE SOUTH 33°36'29" EAST, 2.69 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID GLEN AVENUE, SAID POINT ALSO BEING ON A NON-TANGENT 67.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 33°36'29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°54'05" AN ARC DISTANCE OF 5.73 TO THE TRUE POINT OF BEGINNING. AREA = 15 S.F. OR MORE OR LESS O:\Legal_Descriptions\011014\PA19-water-esmt.Igl.doc BASIS OF BEARINGS: THE BASIS BEARINGS IS THE WESTERL Y UNE OF LOT 6 PER MAP 15608 /.£ N08?0'52"W LEGAL DESCRIPTION PORTION OF LOT 6 OF MAP 15608, C.T. 02-16 11362 PROPERTY BOUNDARY RIGHT OF WAY AREA OF EASEMENT AREA=15 S.F. MORE OR LESS OCEANSIDE SITE BUSINESS PARK DR. 51 NO. 32014 1ft . 12/31/08 PACIFIC OCEAN CITY OF ENCINITAS NO SCALE 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 ROBERTSON RANCH SDP 06-06 EXHIBIT "B* APPLICANT;WATERLINE EASEMENT DATE: JANUARY 2008 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 i: 08 GEL R.C.E. 3201S EXP. 12/31/08 SHEET 1 OF 2 SHEETS PR 08-001 A.P.N. 168-360-05 G:\011or4\0114RZ03.dwg Jon 31, 2008 Xrefs: 01HGMAP; 0114RGRD; 0114RMAP; 0114BMAP 11863 LOT & MAP 16808 LOT 8 MAP 16808 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 ROBERTSON RANCH SDP 06-06 EXHIBIT "B" APPLICANT:WATERLINE EASEMENT DATE: JANUARY 2008 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 *. 2/,£>Stt*.^ tuj GEORGE O'DAYf R.C.E. 32014 EXP. 12/31/08 SHEET 2 OF 2 SHEETS PR 08-001 A.P.N. 168-360-05 G:\0110H\01l4RZ03.dwg Jon 31, 2008 8:25om Xrefs: 01HGMAP; 0114RGRD; 0114RMAP; 0114BMAP 7 11364 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 30, 2008, from Calavera Hills II, LLC, 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 29, 2008 R; deputy Secretary^