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HomeMy WebLinkAboutDwg 399-4; Vista, City of; 2004-0788496; EasementDOC # 2004-0788496 i 11lllll Ill1 111ll IIIII 111111111111111 111ll111ll lllllll1ll lllll Ill1 1111 AUG 19,2004 9:15 AM 0 FFI CiAL RE C 0 R D S 5AN DIEGO COUNTY RECORDER'S OFFICE GREGUR'{J SMITH COUNTY RECURDER FEES 0 uo OC NA PAGES 7 I111111 11111 1111 11111 11111 1111 11111 11111 1111 11111 11111 Ill11 11111 MI11 Ill1 1111 RECORDING REQUESTED BY: CITY OF CARLSBAD AFTER RECORDING, PLEASE RETURN THIS INSTRUMENT TO: 1200 CARLSBAD VILLAGE DRIVE CARLSRAD, CA 92008 SIGNATURE [htk-k- THIS DOCUMENT BEING RECORDED WITHOUT FEE TO BENEFIT THE CITY OF CARLSBAD CITY OF CARLSBAD -CITY CLflKK DOCUMENTART TRANS EASEMENT FOR SEWER LINES AND APPURTENANCES APN 211-011-18 DWG. NO. 3725 2689 South Melrose KNOW ALL MEN BY THESE PRESENTS: THAT ON THIS 10th DAY OF MUNICIPAL CORPORATION, THE UNDERSIGNED, HEREINAFTER DESIGNATED GRANTOR(S), OWNER OF THE HEREINAFTER DESCRIBED LANDS, FOR A VALUABLE CONSIDERATION, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, DOES HEREBY GRANT AND CONVEY TO THE CITY OF CARLSBAD, HEREIN DESIGNATED GRANTEE, A PERPETUAL EASEMENT AND DESCRIBED REAL PROPERTY FOR THE INSTALLATION, CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT, REINSTALLATION OF PIPES AND SEWER PIPE LINES, MAINS, MANHOLES, SEWER LATERAL PIPES AND PIPE LINES, AND ALL STRUCTURES INCIDENTAL THERETO, TOGETHER WITH THE PERPETUAL RIGHT TO REMOVE BUILDINGS, STRUCTURES, TREES, BUSHES, UNDERGROWTH, FLOWERS, AND ANY OTHER OBSTRUCTIONS, EXCLUDING ANY EXISTING OR FUTURE SEWER IMPROVEMENTS OWNED BY GRANTOR, WHICH GRANTEE, ITS SUCCESSORS OR ASSIGNS. TO HAVE AND TO HOLD SAID EASEMENT AND RIGHT-OF-WAY, EXCLUDING ANY EXITING OR FUTURE SEWER AUGUST ,2004, THE CITY OF VISTA, A CALIFORNIA RIGHT-OF-WAY UPON, THROUGH, UNDER, OVER, ANL) ACROSS THE HEREINAFTER MAY IMPEDE WITH THE USE OF SAD EASEMENT AND RIGHT-OF-WAY BY SEWER EASEMENT DWG. NO. 3725 2689 South Melrose PAGE 2 APN 211-011-18 IMPROVEMENTS OWNED BY GRANTOR, UNTO ITSELF AND UNTO ITS SUCCESSORS AND ASSIGNS FOREVER. NOTHING IN THIS DOCUMENT SHALL LIMIT THE GRANTOR'S EXISTING AND FUTURE SURFACE AND SUBSURFACE USES OF THE EASEMENT. ALL PROPOSED FUTURE SURFACE OR SUBSURFACE USES OF THE EASEMENT BY GRANTOR OR GRANTEE SHALL BE SUBMITTED TO THE OTHER PARTY FOR REVIEW AND APPROVAL. SAID APPROVAL SHALL NOT BE UNREASONABLE WITHHELD. EACH PARTY CONSTRUCTING A NEW SURFACE OR SUBSURFACE IMPROVEMENT SHALL BEAR ALL COSTS TO RELOCATE, RESTORE OR MOVE THE OTHER PARTY'S IMPROVEMENTS. THE REAL PROPERTY REERRED TO HEREINABOVE AND MADE SUBJECT TO SAID VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT AND RIGHT-OF-WAY BY THIS GRANT IS SITUATED IN THE CITY OF SEE ATTACHED EXHIBITS "A" & "B" GRANTEE AND GRANTOR HEREBY COVENANT AND AGREE FOR THEIRSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, THAT THERE SHALL NOT BE CONSTRUCTED OR MAINTAINED UPON THE ABOVE ANY BUILDING OR STRUCTURE OF ANY NATURE OR KIND THAT WILL INTERFERE ITS SUCCESSORS OR ASSIGNS, OR THAT WILL INTERFERE WITH THE INGRESS OR EGRESS ALONG SAID EASEMENT BY SAID EASEMENT BY SAID OTHER PARTY, ITS SUCCESSORS OR ASSIGNS. DESCRIBED REAL PROPERTY OR WITHIN SAID EASEMENT AND RIGHT-OF-WAY WITH THE USE OF SAID EASEMENT AND RIGHT-OF-WAY BY THE OTHER PARTY, THE GRANTEE AND GRANTOR HEREBY COVENANT AND AGREE THAT AFTER THE INSTALLATION OF ANY SURFACE OR SUBSURFACE IMPROVEMENT BY EITHER ONE IN AN EXCAVATION MADE BY EITHER ONE IN THE ABOVE DESCRIBED MADE BY IT SO AS TO FILL SAID EXCAVATION MADE AS NEARLY AS PRACTICABLE TO THE LEVEL OF THE SURROUNDING GROUND, AND WILL REPLACE ANY OILED, ASPHALT OR CONCRETE SURFACE WITH LIKE MATERIAL AND WILL REPLACE ANY FENCE REMOVED BY IT. EASEMENT AND RIGHT-OF-WAY, IT WILL BACKFILL ANY SUCH EXCAVATION AS USED ABOVE, THE TERM "GRANTOR" SHALL INCLUDE THE PLURAL AS WELL AS THE SINGULAR NUMBER, AND WORDS "HIMSELF" AND "HIS" SHALL INCLUDE ,- . P SEWER EASEMENT DWG. NO. 3725 2689 South Melrose PAGE 3 APN 211-011-18 THE FEMININE AND NEUTER GENDER, AS THE CASE MAY BE. CITY OF VISTA, A CALIFORNIA MUNICIPAL CORPORATION THtS IS TO CERTIFY THAT THE EASEMENT INTEREST CONVEYED TO THE CITY OF CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION, BY THE CITY OF VISTA, A CALIFORNIA MUNICIPAL CORPORATION IS HEREBY APPROVED BY THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, PURSUANT TO RESOLUTION NO. 2004-162 , THEREOF BY ITSBULY AUTHORIZED OFFICER. ADOPTED ON AUGUST 10, 2004 AND THE GRANTEE CONSENTS TO THE RECORDATION August 10, 2004 t* MORRIS B. VANCE, MAYOR, CITY OF VISTA DATE APPR VED AS TO FORM: b CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. State of California County of On personally appeared Name(s) of Signer@) Place Notary Seal Above ,,&ersonally known to me 2 proved to me on the basis of satisfactory evidence to be the person_Csr whose namdre subscribed to the within instrument and acknowledged to me tha@she/they executed the same in merltheir authorized capacityM and that by mherltheir signaturewon the instrument the persow, or the entity upon behalf of which the personH acted, executed the instrument. WITNESS my hand and official seal. \ Signature of Notary Pudic 0 PTlO NA L 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 1 Document Date. h4. JDi A0.d ' Number of Pages R&.tL /. SigneWOther Than Named Above' Capacity(ies) CI Signer's Name. O Individual I Corporate Officer - Title(s): F 0 Partner - 0 Limited 0 General LU Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Asmiation * 9350 De Sot0 Ave., P.0. Box 2402 * Chatsworth. CA 91313.2402 - w.nationalnotary org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .. SEWER EASEMENT DWG. NO. 3725 2689 South Melrose PAGE 4 APN 211-011-18 CERTIFICATION FOR ACCEPTANCE OF EASEMENT THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THIS EASEMENT, DATED AUGUST 10, 2004 , FROM THE CITY OF VISTA, CALIFORNIA, A CALIFORNIA MUNICIPAL CORPORATION, TO THE CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION, IS HEREBY ACCEPTED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PURSUANT TO ORDINANCE NO. NS-422, ADOPTED ON SEPTEMBER 16,1997, AND THE GRANTEE CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. DATED : h. *& . WOOD, CITY CLERK A#H CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT JUNE 19, 2004 J.N. 011010-3 PAGE 1 OF 1 EXH I BIT 'A" SEWER EASEMENT CITY OF VISTA DWG-3725 (VISTA) DWG 399-4 (CARLSBAD) APN 221-011-18 LEGAL DESCRIPTION A PORTION OF PARCEL 'A' OF PARCEL MAP NO. 15493 IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 13, 1988, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A'; THENCE, ALONG THE EAST LINE OF SAID PARCEL "A", SOUTH 30'41'34" EAST 70.79 FEET; THENCE, LEAVING SAID EAST LINE, SOUTH 22O51' 01" EAST 193.36 FEET; THENCE SOUTH 81'43' 34" EAST 34.60 FEET TO THE EAST LINE OF SAID PARCEL 'A'; THENCE, ALONG SAID EAST LINE, SOUTH 30'41'34" EAST 25.72 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 81'43'34" WEST 49.79 FEET; THENCE SOUTH 35'50'54" WEST 40.53 FEET; THENCE NORTH 54'09' 06" WEST 20.00 FEET; THENCE NORTH 35'50' 54" EAST 39.95 FEET; THENCE NORTH 22'51'01" WEST 191.63 FEET; THENCE NORTH 45'02'18" WEST 22.91 FEET TO THE WEST LINE OF SAID PARCEL 'A'; THENCE, ALONG SAID WEST LINE, NORTH 3'10'45" WEST 54.94 FEET TO THE POINT OF BEGINNING. AREA = 0.16 AC W:\Msoffice\Winword\OllOlO\Parcel A.lgl.doc 3orlobod Caltfomia 92008 Procerslng CITY OF VISTA 760-931 -77M) Surveying Fax 760-931-8680 WVI odayconsvltanls corn lEQUESTED BY: APPROVED BY: AVlS PARTNERS 420 BRISTOL ST, N., STE.lOO ‘EWPORT BEACH, CA 92660 HONE: (949) 752-2066 L.S. 7700 DATE LM TIMOTHY 0. CARROLL, JR. CITY OF VISTA 7/7/ SHT. 1 OF 1 SHTS. A.P.N. 221-011-18 DATE JUNE 2004 City of Vista August 12,2004 Lorraine Wood City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Easement for Sewer Lines and Appurtenances by the City of Vista to the City of Carlsbad hqg DUG do. ma5 211 - O'' - '' aLW9 SQC,tL' kQ-bosc Dear Ms. Wood: At the meeting held on August 10, 2004, the Vista City Council adopted Resolution No. 2004-162, approving the grant of an easement for sewer lines and appurtenances to the City of Carlsbad. Enclosed please find one original of the document for recording purposes, and a copy of the resolution for your file. Should you have any questions, please contact Carlos Mendcza, Senior Engineer, at (760) 726-1340, extension 1323. Sincerely, Rita R. Turnbull Administrative Secretary Office of the City Clerk enc. c: Carlos Mendoza, Senior Engineer 600 Eucalyptus Avenue P.O. Box 1988 Vista, California 92085 (760) 726-1340 www.ci.vista.ca.us RESOLUTION NO. 2004 - 162 -7 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, APPROVING THE GRANT OF AN EASEMENT FOR SEWER LINES AND APPURTENANCES TO THE CITY OF CARLSBAD WHEREAS, the City of Carlsbad desires sewer lines to be constructed on property owned by the City of Vista; and WHEREAS, the property in question is restricted to open space uses only; and WHEREAS, it is in the best interest of both cities for the sewer line to be constructed in the property in question; and WHEREAS, the City of Vista desires to approve the grant of an easement to the City of Carlsbad for the construction of sewer lines and appurtenances , NOW THEREFORE BE IT RESOLVED, as follows: 1. The City of Vista hereby grants an easement to the City of Carlsbad for sewer lines and appurtenances. 2. The Mayor is authorized to sign the easement document on behalf of the 1 City. J PASSED AND ADOPTED, on the IOth day of August, 2004 at a meeting of the City Council by the following votes: AYES: CAMPBELL, CAMPO, GRONKE, RITTER, MAYOR VANCE NOES: NONE ABSTAIN: NONE ATTEST: Jo Seibert, City Clerk By: L ~