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HomeMy WebLinkAboutSDP 00-06B; Daybreak Community Church; 2012-0640583; EasementRECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 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].) DOCtt 2012-0G40583 liiiiiiiiiiiiiiiiiiiiiiiii OCT 18,2012 4:24 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: O.GO OC: NA 15840 « 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 215-841-07-00 Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: SDP 00-06B PR 12-31 Daybreak Community Church Phase 3 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Daybreak Community Church of Coastal North County, a California non-profit religious corporation, 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, a public water easement. Purpose: the public water 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 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 15841 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 ofthe Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. Executed by the Grantor this ^7 day of SefiffTmiMlO I cL GRANTOR: (sign here) ^^^^^ ^ (sign here) (print name and title of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chairman ofthe Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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.) 15342 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of S(Xt\ "t^^^^-o } OnsS"<pf a7 J ao/a before me. Z)lQnt.'P BiicJm^r^, /\[(Ttar^ Pa6 f/e Date Here Insert N^e and Title of the Officer / personally appeared Gflrty iJ^fab a ncL J/M Hpr^oL Name(s) of Signer(s) DIANE P. BUOINGER Commission # 1971749 C Notary Public - California 1 San Oiago County g My Comm. Expifas Apr 7.20161 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-^^are subscribed to the within instrument and acknowledged to me that >[^/sh^/they executed the same in Ns/fT^/their authorized capacity (ies), and that by l^i6/t)6r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 seal. Place Notary Seal Above 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: GrciOi "D^^oL 0'^ pLtbf/c [kJatlr hCxSf.me (^f Document Date: 6gp"f fT) b/l p 7 ^ 2.015. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here I 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SHEET 1 OF 2 EXHIBIT "A'' ^^^^^ PR12-31 LEGAL DESCRIPTION (DEDICATION OF WATER LINE EASEMENT) A 20.00' WIDE STRIP OF LAND OVER A PORTION OF LOT 8 OF CITY OF CARLSBAD TRACT NO. 92-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23, 1997, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, SAID POINT BEING ON A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1230.00 FEET AND TO WHICH POINT A RADIAL BEARING BEARS SOUTH 87°56'57" WEST; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 8 AND ALONG SAID CURVE, 157.03 FEET THROUGH A CENTRAL ANGLE OF 07*'18'54" TO THE SOUTHEAST CORNER OF THAT CERTAIN EXISTING WATER LINE EASEMENT RECORDED SEPTEMBER 13, 2001 AS DOCUMENT NO. 2001-0656932 OF OFFICIAL RECORDS AND TO WHICH POINT A RADIAL LINE BEARS NORTH 84''44'09" WEST; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AND ALONG THE SOUTHERLY LINE OF SAID WATER LINE EASEMENT. NORTH 76°36'15" WEST 275.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 290.00 FEET; THENCE WESTERLY ALONG SAID CURVE, 166.12 FEET THROUGH A CENTRAL ANGLE OF 32M9'12" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 342.10 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 19''25'27" EAST; THENCE WESTERLY ALONG SAID CURVE 10.80 FEET THROUGH A CENTRAL ANGLE OF 0r48'32" TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 17*'36'55" EAST; THENCE LEAVING THE SOUTHERLY LINE OF SAID EXISTING WATER LINE EASEMENT AND ALONG SAID RADIAL LINE, NORTH 17°36'55" WEST 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WATER LINE EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RADIAL LINE. NORTH 17*'36'55" WEST 5.93 FEET. SHEET 2 OF 2 15844 THE SIDELINES OF SAID EASEMENT ARE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE SOUTHERLY AT THE NORTHERLY LINE OF SAID EXISTING WATER LINE EASEMENT. EXCEPTING THEREFROM ANY PORTION LYING WITHIN SAID EXISTING WATER LINE EASEMENT. CONTAINING AN AREA OF 117 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY ME OR UNDER MY SUPERVISION: September 24. 2012 ^P.L.S. 8365 DATE REGISTRATION EXPIRES: 12-31-13 LEGEND J Lj EX-PUBLIC WATER EASE. EXHIBIT B' 1534 5 N se-sa'oo" w ^=ir54'45'' ^—POINSETTIA LN. 236.35' '-=353.24' R= 1699.00' t 30' WATER EASEMENT fi'l^'lT' '''' ''''' SCALE r = 120' o CM O O A=0r48'32'' L= 10.80' R=342.10' LU LU LL LU -I s CO SDG&E EASEMENT PER DOC. REC. 4/16/54 IN BOOK 5207, PG. 161, O.R. N se'ie'so" E BASIS OF BEARINGS MAP 13646 OPEN SPACE LOT 136 VICINITY MAP NOT TO SCALE I PREPARED BY: LGS ENGINEERING 628 N ECKHOFF ST ORANGE, CA. 92868 EASEMENT AREA =117 S.F.± PROJECT SITE EASEMENT DATA NO. BEARING LENGTH (l> N1736'55'W (R) 20.00' 0 N1736'55"W (R) 5.93' CARLSBAD MUNICIPAL WATER DISTRICT DATE- JUNE 5. 2012 WATER EASEMENT PLAT A PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET: ^ Qp ^ SCALEr *!" = '120' WATER EASEMENT PLAT A PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PR: 1-2.. 3 \ A^^' 215-841-07 WATER EASEMENT PLAT A PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA REVISED: 15346^ CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated September 27, 2012, from Daybreak Community Church of Coastal North County, a California non-profit religious 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 Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: October 12. 2012 2:55 = = 00 S REISING uty Secretst