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HomeMy WebLinkAboutSDP 02-06; Palomar Cannon Partnership; 2004-0350963; EasementRECORDING REQUESTED BY WHEN RECORDED, PLEASE MAIL TO: 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].) DOC # 2004-0350963 APR 229 2004 €3~30 AM OFFICIAL RECORDS GREGORY J. #ITHI COUNTY RECORDER FEES: 0.00 oc: M DIEGO COUNTY RECORDER'S OFFICE The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 fife ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Space above this line for Recorder's use. Assessor's Parcel No.: 21 1-100-04-00 Project No. & Name: SDP 02-06, Ocean Ridge PR 03-43 encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. ( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT GRANT DEED OF WATER LINE EASEMENT Palomar Cannon Partnership, a California General Partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: t he easement g ranted h erein s hall be g ranted 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 a II water, i ncluding s urface 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 HYDevelopment ServiceslMasterslDeeds-Grant Deeds-EasementslGrant Deed of Reclaimed Water Line Easement 1 0611 7/96 Rev 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 andlor 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. by the Grantor GRANTOR: Palomar Cannon Partnership A a California General Partnership / Sue Kint Partner // (title of signatory) J / Partner (title of signatory) (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) (Chairman, p resident o r vice-president a nd secretary, a ssistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing 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,WFW Deputy City Attorney HYDevelopment ServicedMastersiDeeds-Grant Deeds-EasementdGrant Deed of Redaimed Water Line Easement 08/17/98 Rev 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 14, 300 4 before me, Dale personally appeared J 0 personally known to me &proved to me on the basis of satisfactory evidence to be the persono whose name(& is/= subscribed to the within instrument and acknowledged to me thatkelshekwy executed the same in kie/her/#& authorized capacity(&, and that by -Itis/her/t!&? signature(4on the instrument the person(& or the entity upon behalf of which the person(v , acted, executed the instrument. 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. Title or Type of Document: Document Date: Capacity(ies) Claimed by Signer 0 Corporate Officer - Title@): 0 Partner - Limited 0 General 0 Guardian or Conservator 0 1999 National Notary Association * 9350 De Solo Ave.. P.0. Box 2402 Chatsworlh. CA 91313-2402 * w.nalonalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800876-6827 CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT No. 5907 IC. 1 NAME, TITLE OF OFFICER. E GI "JANE &E, NOTARY PUBLIC" personal I Y appeared SU€ 1 - .. NAME(S) OF SIGNER@) 0 personally known to me - OR - Goved to me on the basis of satisfactory evidence to be the person(a whose name(Q is/* subscribed to the within instrument and ac- knowledged to me that ke/she/#ey executed the same in M/her/tkei+ authorized capacity(j.86), and that by-kis/her/#x?k signature(&on the instrument the person(s), or the entity upon behalf of which the person(&acted, executed the instrument. WITNESS my hand and official seal. 1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT P~DIVIDUAL u CORPORATE OFFICER TITLE OR/rYPE OF DOCUMENT TITLE(S) PARTNER(S) 0 LIMITED & 0 GENERAL 0 AUORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: /a; DATE OF DOCUM~NT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) / ~J~NER(S)&HER THAN NAME~BOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 Cancga Park, CA 91309-7184 EXHIBIT 'A' PUBLIC WATER EASEMENT - PR 03-43 THAT PORTION OF LOT 12, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12; THENCE NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 NORTH 67'30'48" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LOT 12 SOUTH 22'29'12" EAST 4.56 FEET; THENCE SOUTH 89'59'12" EAST 67.84 FEET; THENCE NORTH 67'30'48" EAST 83.65 FEET; THENCE SOUTH 69'27'09" RADIUS OF 447.08 FEET, CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 61'27'22" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 252.47 FEET THROUGH A CENTRAL ANGLE OF 32'21'21"; THENCE SOUTH 85'50'02" EAST 140.76 FEET CONCAVE WESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 83'47'17" WEST, SAID CURVE ALSO BEING THE EASTERLY LINE OF SAID LOT 12; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 4'05'37"; THENCE LEAVING SAID EASTERLY LINE OF LOT 12 NORTH 85'50'02" WEST 136.28 FEET, CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 29'41'13" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 51.95 FEET THROUGH A CENTRAL ANGLE OF 6.58'09"; THENCE NORTH 37'19'36" EAST 13.18 FEET; THENCE NORTH 52'40'24" WEST 10.00 FEET; THENCE SOUTH 37.19'36" WEST 13.18 FEET TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 427.08 FEET, CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 37'59'51" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 84.03 FEET THROUGH A CENTRAL ANGLE OF 11'16'23"; THENCE NORTH 49'56'29" EAST 8.00 FEET; THENCE NORTH 40'03'31" WEST 12.50 FEET; THENCE SOUTH 49'56'29" WEST 7.97 FEET TO A POINT ON A NON-TANGENT CURVE HAVlNG A RADIUS OF 427.08 FEET, CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 50'56'51" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 52.53 FEET THROUGH A CENTRAL ANGLE OF 07'02'52"; THENCE NORTH 59'20'13" EAST 15.00 FEET; THENCE NORTH 31'00'38" WEST 15.00 FEET; THENCE SOUTH 59'20'13" WEST 15.00 FEET; THENCE NORTH 28'46'21" WEST 18.18 FEET; THENCE NORTH 69'27'09" WEST 47.19 FEET; THENCE SOUTH 67'30'48" WEST 87.56 FEET; THENCE NORTH 89'59'12" WEST 27.49 FEET TO THE NORTHWESTERLY LINE OF LOT 12; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 SOUTH 67'30'48 WEST 41.25 FEET TO THE POINT OF BEGINNING. 13408, RECORDED APRIL 1, 1997 AS FILE NO. 1997-147754 IN THE EAST 31.75 FEET TO A POINT ON A NON-TANGENT CURVE HAVlNG A TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 280.00 FEET, FEET TO A POINT ON A NON-TANGENT CURVE HAVlNG A RADIUS OF 427.08 SAID EASEMENT CONTAINS 11,747 S.F. (0.2697 ACRES), MORE OR LESS. THIS DESCRIPTION WAS PREPARED BY ME IN CONFORMANCE WITH THE LAND SURVEYORS ACT. 7 - & -* 0.2 DA E +/- /+ SEEN L. WOODS, REGISTERED LAND SURVEYOR STATF OF CALIFORNIA LICENSE NO. 6427 DRAWN BY SLW CITY OF CARLSBAD DATE: 7-14-03 WATER LINE EASEMENT PLAT IN LOT 12 OF CARLSBAD RANCH TRACT 94-09, UNITS 2 d~ 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF SCALE: 1 '=80' APN 211-100-04 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408. WOODS LAND SURMWN 2180 GARNET AM STE SAN DIEGO, CA 92109 (858) 273-4700 PR 03-43 SHEET 1 OF 1 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF WATER LINE EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Water Line Easement dated March 19, 2004, from Palomar Cannon Partnership, a California General Partnership, to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 8,2004 RONNA STICKROD, Secretary SEAL