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HomeMy WebLinkAbout; The Mary E Bressi Trust; 1997-0096705: Easement~' , Rl:tm'Y.liG RlOOoSlEO BY COllllNENT~ifHYERS ffilt ~ECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record this document at no fee as I is to the benefd of the District (Gov. Code (6103D. 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: ()() City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. I 69 ,I DOC U 1997-0096705 05-MAR-1997 10=56 AM OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: 0. 00 HA Space above this line for Recorder's use. Assessor's Parcel No. _2_1~3=-D~3~P=-1-&~------ Project No. & Name CMWD Project No. 86-502 Rancho Carrillo GRANT DEED OF WASTEWATER PIPELINE EASEMENT Mary Bressi Persic, Elizabeth Bressi Wiegand and Ruth Bressi Budlong, as successor co-trustees of the Mary E. Bressi Declaration of Trust dated June 2 1988. do hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, Is 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 wastewater, including surface water, stream water, flood water and ground water flowing into said facillties, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facillties may include pipelines, pumping facillties, structures designed to control the flow of wastewater and all facillties and structures associated with said use which are designed to facilltate the use and protect the 1 07 /09/96 Rev. 70 • • facilities 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 facilities for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facilities. The uses described herein shall be e,cclusive to the Grantee. Granter 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 utillties, whether public or private, for uses whether compatible or incompatible with the uses described herein without the e)(J)ress written approval of the Grantee. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Elchiblt "A" and Elchiblt "B" attached hereto and by this reference made a par1 hereof. APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By. Executed by the GRANTOR this &t, day of mt:.°4:t.l 19 7C.. GRANTOR: Mary Bressi Persic, Elizabeth Bressi Wiegand and Ruth Bressi Budlong, as successor co-trustees of the Mary E. Bressi Declaration of Trust dated June 2, 1988. (name of grantor) By. ~ ~~ vfiM) sign ere) Mary Bressi Persic, co-trustee of the Mary E. Bressi Declaration of Trust dated June 2, 1988 (tltle of signatory) By.f/p~it,.eui uli'r,d cs· ere) Elizabeth Bressi Wiegand, co-trustee of th ~essi Declaration of Trust dated June 2, 1988 (tltle of signatory) By. t?,£ ~L<<<: ~ ( ign here) Ruth Bressi Budlong, co-trustee of the Mary E. Bressi Declaration of Trust dated June 2, 1988 (tftle of signatory) (Notarial acknowledgment of ei<ecution by GRANTOR must be attached.) CM\ND 86-502 2 07 /09/96 Rev. ) J-11994 EXHIBIT 'A' That portion of Parcel 1 of Parcel Map No. 1763, in the City of Carlsbad, County of San Diego, State of California on file in the Office of the San Diego County Recorder, more particularly described as follows: Beginning at the Southeast corner of said Parcel 1; thence along the Easterly line -thereof North 02°38'00" West (North 02°37'58" West per record) 638. 79 feet to the TRUE POINT OF BEGINNING: thence leaving said Easterly line North 88°26'11" West -108.44 feet to the beginning of a tangent 410.00 foot radius curve concave _Northerly; thence Westerly along the arc of said curve through a central angle of 06°38'35" a distance of 47.54 feet; thence North 81 °47'36" West 104.86 feet to :the beginning of a tangent 390.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 14°07'30" a distance :of 96. 15 feet; thence South 84 °04' 54" West 406. 74 feet to the beginning of a tangent 390.00 foot radius curve concave Southerly; thence Southwesterly along the arc of said curve through a central angle of 08°46'42" a distance of 59.75 feet; thence South 75°18'12" West 114. 71 feet to the beginning of a tangent 210.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 12°47'39" a distance of 46.89 feet; thence South 88°05'51" West 366.80 feet; thence North 89°42'55" East 41.99 feet; thence North oo• 17'05" East 5.00 feet; thence North 89°42'55" West 240.46 feet; thence North 89°58'26" West 657.83 feet to the beginning of a tangent 1000.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 08°02'51" a distance of 140.46 feet to the Southwesterly line of said Parcel 1; thence North 00°41 '30" East (North 00°42'03" East per record) 10.12 feet to the Southerly line of that certain easement to San Marcos Water District recorded January 27, 1969 as File/Page No. 15564 of Official Records, being a point on the arc of a non-tangent 1010.00 foot radius curve concave Southerly, to which a radial line bears North 07°56'04" West; thence leaving said Southwesterly line and along said Southerly line the following courses: Easterly along the arc of said curve through a central angle of 07°57'38" a distance of 140.33 feet; thence South 89°58'26" East 106.44 feet; thence North 00°01'34" East 40.00 feet; thence South 89°58'26" East 20.00 feet; thence South 00°01'34" West 40.00 feet; thence South 89°58'26" East 530.21 feet to the beginning of a tangent 3990.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 03°28'23" a distance of 241.87 feet; thence South 00°17'05" West 3.41 feet; thence South 89°42'55" East 31.60 feet; thence North 00°17'05" East 36.43 feet; thence South 89°42'55" East 20.00 feet; thence South 00°17'05" West 36.05 feet; Page 1 of 2 CMWO 86-502 71 ' . EXHIBIT "A" (Continued) thence North 88°05'51" East 356.41 feet to the beginning of a non-tangent 190.00 foot radius curve concave Northerly, to which a radial line bears South 01 °54'09" East; thence Easterly along the arc of said curve through a central angle of 12°47'39"a distance of 42.43 feet; thence North 75°18'12" East 114.71 feet to the beginning of a tangent 410.00 foot radius curve concave Southerly; thence. Northeasterly along the arc of said curve through a central angle of 08°46'42" a distance of 62.82 feet; thence North 84°04'54" East 91.74 feet; thence North 05°55'06" West 35.77 feet; thence North 84°04'54" East 20.00 feet; thence South 05°55'06" East 35.77 feet; thence North 84°04'54" East 295.00 feet to the beginning of a tangent 410.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 14 °07'30" a distance of 101.08 feet; thence South 81°47'36" East 104.86 feet to the beginning of a tangent 390.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 06°38'35" a distance of 45.22 feet; thence South 88°26'11" East 106.98 feet to the Easterly line of said Parcel 1; thence along said Easterly line South 02°38'00" East 20.05 feet to the TRUE POINT OF BEGINNING. L.S. 5059 jb/11994.010 \..AND Sh. ~J~c::~"-,'_~ .. ~ ;"J ..,., ........... ...-,\" ·~ . ~~ \ .. ,, ~ •;v,. ,..(w: ~ tJo. 5~5:J -Of ..l Ex;,. 1::.31.sa a;;,, Page 2 of 2 CMWD 86-502 N-«-'.J0-,.__·-. SCALE, I' • 100' PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF SEWER EASEMENT POB-! P4RCEL I PM /7<,3 .501/THEAST CORNE!t '\.,_ N 0"4f'3(}'E 10.12· 73 RICK ■NCIIN■■AINCI COM-N CIVIL ■NDIN■■Aa • ■UAV■YOAII · "'-ANNIII 5620 FRIARS ROAD, SAN OIEGO,CA 92110 l'FO..ECT N..NBEFI 11"4 o.Mw.o. 86-soe SCALE 1•-100· 74 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated Ocfol, er J-,vc/ 19 q(g, from MARY BRESSI PERSIC, ELIZABETH BRESSI WIEGAND AND RUTH BRESSI BUDLONG, as Successor Co-Trustees of the Mary Bressi Declaration of Trust dated June 2, 1988 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. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer. DATED: yY\_ ~ Y / ~ ? 1 ALETHA L. RAUTENKRANZ, Secretary CMWO 86-502 06/14/95 Rev. , ' . ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of C It-err ol'lrV I fl On ___.(c..:c:J:;_·_Z-=-_· _ 0 _!...:'7::_ ____ before me, -Jc FF(.;% tl .. ~;;~"~~:-~ personally appeared -~ffl.'-'-'c::ttc.:r..,/'---',4::::..:..v...:c:...cs.:..:J;-.:-·__._A'--"-~-'-1".-".J.,_r-=c,'-c-------------~ Name(s) al Slgner(s) D personally known to me -OR -'fj.proved to me on the basis of satisfactory evidence to be the person(sj whose name(5* is/a,e subscribed to the within instrument and acknowledged to me that Aelshe/tblly executed the I c c c c c c o o c a c o c ,1 ~ ·.:.;.:-JEFFREY PAUL ALLISON < . -•~ ,l ; COMM.# 1060174 i ; '."4_ · • • Notary Pl.bile -CaUfomla I I ... . ORANGE COUNlV I · • • My Comm. Expires JUN 9. 1999 0 0 0 0 0 O C C O C O O I same in his/her/ll!eir authorized capacity{iesj, and that by -Ria/her/11:leir signature(ej on the instrument the person{sr, or the entity upon behalf of which the person(st acted, executed the instrument. WITNESS my hand and official seal. ------------OPTIONAL----------- Though the ;nformation below is not required by Jaw, 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 Tille(s): ___________ _ D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator RIGHT THUMBPRINT OF SIGNER D Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ D Individual D Corporate Officer Tille(s): ___________ _ D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator f;2if Other: >U cc es S, o, Top of thumb here RIGHT THUMBPRINT OF SIGNER Co + ,r..;.s ,-et' Signer Is Representing: ::,-_,-_.,..-_...---....-_..-_,-_,-_..-_.,.--_...---_....-_,..--..,..,--_.,..-..,..,--__,.-_...-_.,..-_.,..-_....-_..-_.,..-_.,..-....-__.-_...--_,..--__...-_..,.-_,.---_....-_,.-_.,.--_...--_..-_,,-_,,-_.....-_.,..-_,,-_,,-_..-_,...-_..,-_.,..-_.,..-_..,-_,...-_,-_.,.--: 75 C 1994 National Notary Association• 8236 RemmatAve., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reon:ter: Call Toll-Free 1-80().876--6827 ," . -..._. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On ____,_(_0=-·_,Z:::...._-~9''---"& ___ before me, J Ee' FF ,e 't'. f: &,. ?t ..f C¼; 1(/ CJ 779-r"y Date Name and ll'iue of Officer (e.g., •Jane Doe, Notar(Publiej personally appeared rft'j&-/~M-Lfr~s,,,.' i.J,·cqa,,__L ..I Name(s) of Signe~ D personally known to me -OR -~roved to me on the basis of satisfactory evidence to be the perso~ whose name(~ is/ai:e-subscribed to the within instrument and acknowledged to me that lle.lsheAl!ey executed the same in Ilia/her/their authorized capacity(iee), and that by t:lie/her/tl:leir signature(el on the instrument the person(st, or the entity upon behalf of which the person(s}-acted, executed the instrument. WITNESS my hand and official seal. ------------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(les) Claimed by Signer(s) Signer's Name: ___________ _ D Individual D Corporate Officer litle(s): ____________ _ D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator RIGHT THUMBPRINT OF SIGNER D Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ D Individual D Corporate Officer litle(s): ___________ _ D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator RIGHT THUMBPRINT OF SfGNER ~Other: s:vca~s>or Topofthumbhe,e c O . -f---,v sr·e'(7 Signer Is Representing: 76 C 1994 National Notary Association• 8236 RemmetAve., P.O. Box 7184 • Canoga Park, CA91309-7184 Prod. No. 5907 Reorder: call Toll-Free HI0()..876-6827 .. ,.. I -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of {](2.4--11/ C, (? on lo 2-<'J'l, before me, Tc.EEv~ f; lt-l& .s.: otv, /l/o ,,4./../, NamUlP{Ti11e ol Officer (e.g., "Jane Doe, Nofary Public") ~ Date personally appeared _ _,_/t-"-'u=---=-~-='----',d,=-.:,----=c_s_::J"..:."'_· ____,,ffi=c.,.'--'c(:.....:.../4.:.._"'-,--,1-S'---------------~ Name(s) of Slgner(s) V □ personally known to me -OR -~roved to me on the basis of satisfactory evidence to be the personl8). whose name(sris/8F8 subscribed to the within instrument and acknowledged to me that Re/shelt+tey executed the same in-Ai&lher/#leir authorized capacity~. and that by too o o o an a a o an 'f t ~-··.:;.:••, JEFFREY PAUL ALLISON z "Ris!her/their signaturel&t-on the instrument the person~ or the entity upon behalf of which the person!&j acted, executed the instrument. < . ,~. ~ , COMM.# 1060174 z ; ·?'. · • : Notary Plblic -California ~ z --A • ORANGE COUNTY l WITNESS my hand and official seal. J O · ~; 0 ~ c~m~. ~pi:es ;u~ 9 • .19: 4 /216.~~N~~~ ------------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: ___________ _ □ Individual D Corporate Officer Title(s): ____________ _ D Partner - D Limited □ General □ Attorney-in-Fact □ Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER D Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual D Corporate Officer Title(s): ___________ _ D Partner -□ Limited □ General D Attorney-in-Fact □ Trustee D Guardian or Conservator RIGHT THUMBPRINT OF SIGNER ~ Other: 7V (Cf!S. S ff Top of thumb here Cc? +rJ,s.,..ee Signer Is Representing: 77 C 1994 National Notary Association• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reoo:ler: Gall Toll-Free 1-800-876-6827