Loading...
HomeMy WebLinkAboutSDP 06-04; Calavera Hills II LLC; 2007-0658082; Easement2876 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 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# 2007-0658082 OCT12, 2007 10:49 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE b R E G 0 RY ,l .SMITH, CO U N TY R F CO Fi D E Fi FEES 0.00 OC: NA PAGES: 10 2007, 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. Assessor's Parcel No.: Project No. & Name: Robertson Ranch East Village Space above this line for Recorder's use. 168-050-47 SDP 06-04 Affordable Site PR 07-23 CARLSBAD MUNICIPAL WATER DISTRICT David A. Mauser, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Calavera Hills II, LLC, a California limited liability company 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 to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 2877 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 )Qt£\ day of /\U6«J&1"20 GRANTOR: Calavera Hills II, LLC a California limited liability company By: By: McMillin Companies, LLC a Delware limited liability company / (sign here) (print name) 1ST By: (prinMme)c (sign here)N Yprint name) (print title) (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:cv—fX^ Deputy^ity Attorney V H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 2878 STATE OF CALIFORNIA COUNTY OF SAN DIEGO } }ss. } On August 10, 2007 before me, Ann M. Futo. Notary Public . personally appeared Brian Milich and Don Mitchell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that be/sbe/they executed the same in bts/bef/their authorized capacity(ies), and that by bts/bef/their signature(s) 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 ANN M. FUTO Commission # 1546838 Notary Public - California San Diego County MyCornm. Expires Jan 23, This area for official notarial seal Notary Form-2 McMillin Companies S879 APRIL 6, 2007 J.N. 011014 EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT P.R. 07-23 PARCEL 'A' THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I5&O& , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO g>gPTgmBgR. l&jXfl. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 SOUTH 08°20'52" EAST, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF GLEN AVENUE; THENCE LEAVING SAID EASTERLY LINE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY SOUTH 81°39'08" WEST, 83.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 08°20'52" EAST, 100.60 FEET; THENCE SOUTH 22°06'22" EAST, 54.17 FEET; THENCE SOUTH 81°39'08" WEST, 20.59 FEET; THENCE NORTH 22°06'22" WEST, 17.89 FEET; THENCE SOUTH 80°53'44" WEST, 10.44 FEET; THENCE NORTH 09°06'16" WEST, 10.88 FEET; THENCE NORTH 60°37'25" EAST, 7.79 FEET; THENCE NORTH 22°06'22" WEST, 13.47 FEET; THENCE SOUTH 81°39'08" WEST, 145.24 FEET; THENCE SOUTH 08°20'52" EAST, 17.18 FEET; THENCE SOUTH 81°39'08" WEST, 10.00 FEET; THENCE NORTH 08°20'52" WEST, 37.18 FEET; THENCE NORTH 81°39'08" EAST, 132.58 FEET; THENCE NORTH 08°20'52" WEST, 7.42 FEET; THENCE NORTH 81°39'08" EAST, 9.00 FEET; THENCE SOUTH 08°20'52" EAST, 7.42 FEET; THENCE NORTH 81°39'08" EAST, 12.14 FEET; THENCE NORTH 08°20'52" WEST, 24.07 FEET; THENCE SOUTH 81°39'08" WEST, 6.04 FEET; THENCE NORTH 08°20'52" WEST, 10.00 FEET; THENCE NORTH 81°39'08" EAST, 6.04 FEET; THENCE NORTH 08°20'52" WEST, 55.15 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY NORTH 81°39'08" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING . AREA = 6,583 SQUARE FEET MORE OR LESS PARCEL B THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. !5foOe , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO . MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 1 of 2 2880 APRIL 6, 2007 J.N. 011014 BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 NORTH 11°44'01" WEST, 179.60 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 81°33'13" EAST, 57.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 09°26'55" EAST, 75.25 FEET TO THE BEGINNING OF A NON- TANGENT 1077.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 12°21'38" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°19'03" AN ARC DISTANCE OF 5.97 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°34'48" EAST, 14.72 FEET; THENCE SOUTH 77°25'12" WEST, 13.62 FEET; THENCE NORTH 12°34'48" WEST, 14.61 FEET TO THE BEGINNING OF A NON-TANGENT 1077.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 13°24'11" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°55'08" AN ARC DISTANCE OF 73.66 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 81°39'08" WEST, 11.93 FEET; THENCE SOUTH 17°59'41" EAST, 11.51 FEET; THENCE SOUTH 72°00'19" WEST, 10.00 FEET; THENCE NORTH 17°59'41" WEST, 13.21 FEET; THENCE SOUTH 81°39'08" WEST, 39.65 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUTH A CENTRAL ANGLE OF 02°34'57" AN ARC DISTANCE OF 13.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 10°55'49" WEST, 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 320.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 10°55'49" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°34'57" AN ARC DISTANCE OF 14.42 FEET; THENCE NORTH 81°39'08" EAST, 60.16 FEET TO THE BEGINNING OF A NON-TANGENT 1097.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 17°14'22" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°40'57" AN ARC DISTANCE OF 13.07 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 16°50'07" WEST, 3.50 FEET; THENCE NORTH 73°09'53" EAST, 10.00 FEET; THENCE SOUTH 16°50'07" EAST, 3.60 FEET TO THE BEGINNING OF A NON-TANGENT 1097.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 16°02'05" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°40'51" AN ARC DISTANCE OF 51.33 FEET; THENCE NON- TANGENT TO SAID CURVE NORTH 09°26'55" WEST, 56.76 FEET; THENCE NORTH 81°33'13" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA= 4,853 SQUARE FEET MORE OR LESS O:\Legal_Descriptions\011014\PA15WTR.lgl.doc Page 2 of 2 WATER UTILITY EASEMENT SUBDIVISION BOUNDARY CT 02-16 LOT UNE EXISTING EASEMENT LEGAL DESCRIPTION: SUBDIVISION BOUNDARY CT 02- PORWN OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORW, ACCORDING TO MAP THEREOF NO. an or OCEANSK HIGHWAY.^8 SITE QLW AVENUE PARCEL A SEE SHEET 2 PARCEL B SEE SHEET J LOT 2 150 SCALE: 1" = 300' CITY OF SAN MARCOS BASIS Of BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERLY LINE OF ROS 17111. I.E. SOUTH 0473*22" WEST QTY OF ENC1NITAS VICINITY MAP NO SCALE CONSULT l T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying EXHIBIT 'B'SHT. 1 OF 4 SHTS, CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT REQUESTED BY: MCM1LLIN COMPANIES, LLC. P.O. BOX 85104 SAN DIEGO, CA 92186-5104 PREPARED BY: PATRICK N. O'DAY R.C.E.' 2721^ EXP. 3/31709 P.R. 07-23 A p N 168-050-47 DATE 4-6-07 G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am Xrefs: 0114kmap 2882 P.O.B. PAR 'AGLEN A VENUE R/W EXISTING 10' WIDE PEDESTRIAN ACCESS EASEMENT PER MAP I5606 PARCEL A AREA= 6,585 S.F. LOT 2 MAP i56>oft I GENERAL UTILITY AND ACCESS EASEMENT PER P.R. 07-22 n SEE SHEET J NOTES: 1. SEE SHEET 4 FOR DATA TABLE CONSULT NTS 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying 0'120' 60' SCALE: 1" = 60' EXHIBIT 'B'SHT. 2 OF 4 SHTS. CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT REQUESTED BY: MCM1LLJN COMPANIES, LLC. P.O. BOX 85104 SAN DIEGO, CA 92186-5104 PREPARED BY: PATRICKS. O'DAY P.R. 07-23 A.P.N. 168-050-47 DATE 4-6-07 G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am Xrefs: 0114kmap 2883 SEE SHEET 2 I I GENERAL UTILITY EASEMENT PER \R. 07-22 LOT 1 MAP i56Q6EXISTING 10 PEDESTRIAN EASEMENT PER MAP TIE LINE EXISTING 10.75' DRAINAGE EASEMENT PER MAP \StooR EXISTING 7' PEDESTRIAN ACCESS EASEMENT PER MAP P.0£. PAR V/ LOT LINE S.E. COR. LOT 1 MAP NOTES: 1. SEE SHEET 4 FOR DATA TABLE ofy**? : O N S U L T t>fi\ T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsuttants.com Civil Engineering Planning Processing Surveying 0'120' 60' SCALE: 1" = 60' EXHIBIT 'B'SHT. 3 OF 4 SHTS. CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT REQUESTED BY: MCM1LUN COMPANIES, LLC. P.O. BOX 85104 SAN DIEGO, CA 92186-5104 PREPARED BY: PATRICK M. O'DAY P.R. 07-23 A.P.N. 168-050-47 DATE 4-6-07 G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am Xrefs: 0114kmap 2884 DATA TABLE (N$> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DELTA/BEARING S 08"20'52" E S 81'39'08" W S 08'20'52" E S 22>06'22" E S 81'39'08" W N 2Z06'22" W S 8Cr53'44" W N 09"06'16" W N 60'37'25" E N 22-06'22" W S 81'39'08" W S 08r20'52" E S 81'39'08" W N 08'20'52" W N 8r39'08" E N Od'20'52'' W N 81'39'08" E S 08-20'52" E N 8r39'08" E N 08"20'52" W S 81'39'08" W N 08"20'52" W N 81'39'08" E N 08"20'52° W N 81'39'08" E RADIUS — — LENGTH 30.00' 83.07' 100.60' 54. 17' 20.59' 17.89' 10.44' 10.88' 7.79' 13.47' 145.24' 17.18' 10.00' 37.18' 132.58' 7.42' 9.00' 7.42' 12.14' 24.07' 6.04' 10.00' 6.04' 55. 15' 20.00' O*O#~} CONSULT A^N T S 2710 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad, California 92010 Processing 760-93 1 -7700 Surveying Fax: 760-931-8680 www.odayconsultants.com DATA TABLE ((id> 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DELTA/BEARING N H'44'01" W N 81'33'13" E S 09*26'55" £ A A/yiQ'n'z*' * t/t/ ty \j\j S 12-34'48" E S 7T25'12" W N 12t34'48" W A =03*55'08" S 81'39'08" W S 1759'41" E S 7ZOO'19" W N 1T59'41" ' W S 81'39'08" W A /1O* 7^ ^T7*L\ Wfc c/T \J/ N 10-55'49" W A /T7*T</ */77*/\ Wfc fc/T 3/ N 8rj9'08" E A /l/7*j//7 ff\ "7*f\ ~~~UU TL/ 3s N 16W07" W N 7S09'53" E S 16-50'07" E A =02'40'51 " N 09f26'55" W N 8r33'13" E RADIUS 1,077.00' 1.077.00' 300.00' 320.00' 1,097.00' 1,097.00' LENGTH 179.60' 57. 7 T 75.25' 5.97' 14.72' 13.62' 14.61' 73.66' 11.93' 11.51' 10.00' 13.21' 39.65' 13.52' 20.00' 14.42' 60.16' 13.07' 3.50' 10.00' 3.60' 51.33' 56.76' 20.00' \tf \ rp' ^/w / +/ EXHIBIT B SHT 4 op 4 SHTS CARLSBAD MUNICIPAL WATER DISTRICT - WATER EASEMENT REQUEST MCMILLJN C P.O. BOX 8 SAN DIEGO, ED BY: PREPARED BY: fWANIE" Ll_r PATRICK N. O'DAY 5104 fl/'A 9 PA 071RR SI (\A. / (I "1OA y/IOD OIU1- ppt 7791A/FYP *k/1 P A. '.R* 07-23 P M 168-050-47 OATF 4-6-07 G:\011014\0114-wtremt.DWG Aug 02, 2007 9:54am Xrefs: 0114kmap 2885 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated August 10. 2007. 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: October 10. 2007 SHERRY FR0ISINGER, Deputy Secretary