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HomeMy WebLinkAboutSDP 97-05; KREG-OC, LP; 1998-0084123; Easement. RECORDING REQUESTED BY -.' KREG-OC, L..P., a California limited partnership AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad. California 92008 MAIL TAX STATEMENTS TO: EXEMPT fee as it is to the benefit of the Please record the document at no District (Gov. Code [6103].) FEES: 0.w) Dc: ti4 Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 211-022-18 Documentary transfer tax is $o.oO Project No. & Name 97-260, Lot 6. Carlsbad Ranch. ( ) computed on full value of property conveyed, or Denso-Hawk Proiect, SDP 97-05 ( ) 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, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. " ~ WILLIAM E. PLUMtdER. District Enaineer ~ GRANT DEED OF WATER LINE EASEMENT KREG-OC, L.P., a California limited partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 ail 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 1 ,, . .. 1761 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 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 2\ day of nod. , 19y'7. GRANTOR - . . .. . . - . . KREG-OC, L.P., a California limited partnership BY: KREG %prating co., a Delaware (name of rantor) Partner By: (sign'here) I/. 7. (title of signatory) \ By: I/ LSk ak Man here) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the 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 COUNSE By: CMWD 97-260 10/20/97 Rev. 2 : . . . AUGUST 5, 1997 J.N. : 97-1019 EXHIBIT "A" CMWD 97-260 WATER EXSEMENT AT LOT 7 OF MAP NO. 13357 ALL THAT PORTION OF LOT 7 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED SEPTEMBER 11, 1996, IN THE OFFICE OF THE COUNTY RECORDER AS FILE NO. 1996-0463214, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7, NORTH 67'30'48" EAST, 27.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 22"29'12" EAST, 25.13 FEET; THENCE SOUTH 67O30'48" WEST, 21 .OO FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7; THENCE ALONG SAID WESTERLY LINE NORTH 22'29' 12" WEST, 25.13 FEET TO THE POINT OF BEGINNING. AREA = 678 SQUARE FEET 10' 40' SCALE: 1' = 20' I DATA TABLE I WATER EASEMENT 7EQUESTED BY: REG-OC. LP. PREPARED BY: 275 MECUM SQUARE PATRICK N. O'DAY , DATE 5-30-97 R.C.E.YZ7214 MP. 3/31/01 4 JOLIA CA 92037 C.M.W.D. 97-260 ~~fl~,,f$~ UlTE 240 A.P.N. 21 1-022-18 SHT. 1 OF 1 SHT. .. STATE OF CALIFORNIA , 1 COUNTY OF b\S lss. On 21 Y7- ’ DATE NAME AND TITLE OF OFFICER / personally appeared NAMES) 6F‘SIGNERGI ., .. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. /“7 (This area for official notary seal.) Title or Type of Document CkecP of- WdkA L4k.f Fmm& Date of Document No. of Pages 5 Vdd I I Signer(s) other than named above I CMWD 97-260 06/14/95 Rev. STATE OF CALIFORNIA 1 COUNTY OF ks. personally appeared Christine A. Rush, Secretary NAME(S) OF SIGNER(S) personally known to me - OR - '' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity@), and that by hislherltheir 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. h+L+ SIGNATUREaF NOTARY (This area for official notary seal.) Title or Type of Document Grant Deed of Water Line Easement Date of Document 11/21/97 No. of Pages 5 wlattachments Signer(s) other than named above Anthony Badeaux CMWD 97-260 06/14/95 Rev. r 1766 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated November 21 , 1998, from KREG-OC. L.P.. a California limited DartnershiD to the Carlsbad Municipal Water District, Carlsbad. California, pursuant to the Municipal Water District Act of 1911, 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. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: rFb /Zi 19CiY &kt&. &. ix'! ALETHA L. RAUTENKRANZ. Secretary) CMWD 11/03/97 Rev.