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HomeMy WebLinkAboutCUP 99-03; Cannon Road, LLC; 2001-0303080; EasementL ~ ’ ’ , j f I,. .,- = . , ZEiQHDING 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 [8103].) 3g72 DOE # 2001-0303080 Mau 14. 2001 11:ot5 API OFFICIAL REalRD!? NH DIE60 COUNTY RECWBER’S IIFFICE GRE!BRY ;.$TH, ~YRECURDER . OCI ‘R Space above this line for Recorder’s use. v The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 @!&t’ ( ) 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.: 210-090-52 Project No. & Name: CUP 99-03 Inns of America PR 00-l 17 CARLSBAD MUNICIPAL WATER w&g!. c ROBERT J. WJCIK, Depfl City Engineer GRANT DEED OF WATER LINE EASEMENT Cannon Road, 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 reconstructrng said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or Eng\Word\Masten\Forms\Grant Deed of Water Line Easement . * 08117/98 Rev. I 1 . .,I, 3973 ’ 1 ;_ I 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 &dayofJ& 2060 . Cannon Road, , GRANTOR: Ray W. Winter and Barbara Winter By: KC (sign here) f?*&h L3/Am7q, /j&&/i&* (print name and title bf signatory)’ 0 By: d-J-& / (sign here) 15;eAma 6dtwvR,#~ (print name and title of sl’gnatory) By: (sign here) Bv: (title of signatory) (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.) APPROV AS TO FORM: RONALD BALL, GENERAL COUNSEL BY: .~. B. BROWER, Deputy General Counsel Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev. ; ’ / . 1 3974 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated November 30, 2000, from Cannon Road, LLC, a California limited liability Company, 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, 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: February 262001 :’ ’ I . . . 3975 EXHIBIT A PROO-117 WATER LINE EASEMENT CMWD NO. 99-204 THAT PORTION OF LOT H OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS: THE EASEMENT IS COMPOSED OF FIVE STRIPS OF LAND. STRIP 1. A 15.00 FOOT WIDE STRIP, 7.50 FEET WIDE ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF CANNON ROAD AND AVENIDA ENCINAS AS SHOWN ON RECORD OF SURVEY MAP NO. 13036, RECORDS OF SAID COUNTY; THENCE SOUTH 22’ 28’03” EAST ALONG THE CENTERLLNE OF AVENIDA ENCINAS 133.66 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 67” 3 1’46” EAST 35.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID AVENIDA ENCINAS AND THE TRUE POINT OF BEGINNING; THENCE TRAVERSING THE FOLLOWING COURSES: Ll) NORTH 67”31’46” EAST 114.95 FEET L2) SOUTH 89”58’03” EAST 42.59 FEET L3) SOUTH 44”58’03” EAST 3 1.03 FEET Cl) TANGENT CURVE, CONCAVE SOUTHWESTERLY DELTA = 07”08’10”, RADIUS = 400.93 FEET, LENGTH = 49.94 FEET L4) SOUTH 37”49’53” EAST 15.88 FEET TO POINT ‘A’ L6) SOUTH 37”49’53” EAST 81.16 FEET TO POINT ‘B’ L7) SOUTH 37”49’53” EAST 5.80 FEET C2) TANGENT CURVE, CONCAVE NORTHEASTERLY DELTA = 01”10’15”, RADIUS = 1,231.52 FEET, LENGTH = 25.17 FEET TO POINT ‘C’ C3) TANGENT CURVE, CONCAVE NORTHEASTERLY, A RADIAL BEARING TO ITS BEGINNING POINT BEARS SOUTH 50”59’49” WEST, DELTA = 00’41’24”, RADIUS = 1231.52 FEET, LENGTH = 14.83 FEET LIO) SOUTH 39”41’32” EAST 160.12 FEET Ll 1) SOUTH 50”18’28” WEST 76.00 FEET TO POINT ‘D’ L13) SOUTH 50”18’28” WEST 126.68 FEET TO THE POINT OF TERMINATION AT THE INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY OF SAID AVENIDA ENCINAS. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED AT ITS BEGINNING AND ENDING AREA TO INTERSECT WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF AVENIDA ENCINAS. STRIP 2. A 10.00 FOOT WIDE STRIP, BEING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLTNE: BEGINNING AT POINT ‘A’ AS DESCRIBED IN STRIP NO. 1 ABOVE; THENCE NORTH 52°10’07” EAST 15.54 FEET. THE SIDELINES OF SAID STRIP TO BEGIN AT THEIR INTERSECTION WITH THE NORTHEASTERLY SIDELINE OF STRIP NO. 1. 3976 EXHIBIT A STRIP 3. A 15.00 FOOT WIDE STRIP, BEING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT ‘B’ AS DESCRIBED IN STRIP NO. 1 ABOVE; THENCE NORTH 52”10’07” EAST 38.00 FEET. THE SIDELINES OF SAID STRIP TO BEGIN AT THEIR INTERSECTION WITH THE NORTHEASTERLY SIDELINE OF STRIP NO. 1, STRIP 4. A 15.00 FOOT WIDE STRIP, BEING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT ‘C’ AS DESCRIBED IN STRIP NO. 1 ABOVE; THENCE SOUTH 50”59’52” WEST 38.24 FEET. THE SIDELINES OF SAID STRIP TO BEGIN AT THEIR INTERSECTION WITH THE SOUTHWESTERLY SIDELINE OF STRIP NO. 1. STRIP 5. A 10.00 FOOT WIDE STRIP, BEING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT ‘D’ AS DESCRIBED IN STRIP NO. 1 ABOVE; THENCE SOUTH 39”41’32” EAST 18.21 FEET. THE SIDELINES OF SAID STRIP TO BEGIN AT THEIR INTERSECTION WITH THE SOUTHEASTERLY SIDELINE OF STRIP NO. 1. CONTAINING AN AREA OF APPROXIMATELY 12,178 SQUARE FEET. THE EASEMENT IS AS SHOWN ON ATTACHED EXHIBIT ‘B’ AND BY THIS REFERENCE MADE A PART HEREOF. I:\WORD6\FILES\HRK98122\WaterLineEasement.doc t. . i-v1 Iin n CARlRDR I D 3977 Page 1 of 2 NOTE: BASIS OF BEARINGS: , 7HIS EASEMENT IS DESCRIBED ON A TTACHED EXHIBIT ‘A’ AND BY THIS REFERENCE MADE A PART HEREOf. THE BEARING OF NORTH 6751’44” EAST FOR THE CENRZRLINE OF CANNON ROAD AS SHOWN ON CAL TRANS RIGHT OF WA Y MAP NO. 3777.2 AS FlLED IN THE OFflCES OF CALlRANS DISTRICT II, SAN DIEGO, CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS SUR MY: . . . . . . -\ 1 \ II a VICINITY MAP NOT TO SCALE ,* .a .(L I 8 / I CURVE DATA TABLE WRM I LELTA I RADIUS 1 LENGTH : Cl 1 07’08’10” 1 40093 1 49.94’ 2 9 5 s Match tine - Page 2 of 2 z AREA OF EASEMENT = 12.178 SQUARE FEET CMWD 93-204 s CARLSBAD MUNICIPAL WATER DISTRICT DATE: WATER EASEMENT PLA T DRAWN By: 9/2B/OO DFL SCALE: 1” = 50’ SEC CANNON ROAD & AVENIDA ENCINAS PR 00-117 IN THE CITY OF CARLSBAD APN 2 1 o-090-52 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA REK’SED: Preaared bw Joseah C. T-uxaw and Associates. Inc. 265 S. Anita Drive. Suite 111. Oranae. CA f714) 935-0265 EXHIBIT B * 3978 Page 2 of 2 Match L/ne m Page 1 of 2 drr % I POINT ‘B’- -0, I .! 3 5, % ‘1 I LINE DATA TABLE LB 1 N52Y , * L13 1 S5OY828 W 1 126.68’ I STRIP 1 cs q -21 CURVE DATA TABLE !g -Y 9 I-, WRM DELTA RADIUS LENGTH ($I . 0, 0110’35” 1,231.52’ 25.17’ 00’41’24” 1.231.52’ 14.83’ % 5 2 ,- DAIAIT *n’ 2’1 /STRIP 1 1 1 ‘;-‘ ” .I // 1 t I I I\. I I ‘; 1 I I L1.3 4 -- Lll -3~ I p,IM, A/a, 1 m7 d CMWD 99-204 CARLSBAD MUNICIPAL WATER DISTRICT I DATE DRAWN BF g/28/00 WATER EASEMENT PLAT SCALE: ’ ’ I DFL 1” = 50’ SEC CANNON ROAD & AVENIDA ENCINAS PR 00-117 lN THE CITY OF CARLSBAD APN 2 1 o-090-52 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA REVISED: Preaared bw Joseoh C. Truxaw and Associates. Inc. 265 S. Anita Drive. Suite 111. Oranoe. CA f714) 9350265 .a ‘, ,. ***. * ~~:\D\HRK98122\WtrEsmt.c10 3979 11/22/2000 I --------------------------------------------------------------------------- Lot name: CLWTRESMT North: 94357.01728 East: 31390.57612 Line Course: N 67-31-46 E Length: 114.95 North: 94400.95216 East: 31496.79866 Line Course: S 89-58-03 E Length: 42.59 North: 94400.92800 East: 31539.38866 Line Course: S 44-58-03 E Length: 31.03 North: 94378.97403 East: 31561.31773 Curve Length: 49.94 Radius: 400.93 Delta: 7-08-10 Tangent: 25.00 Chord: 49.90 Course: S 41-23-58 E Course In: s 45-01-57 w Course Out: N 52-10-07 E RP North: 94095.63457 East: 31277.65665 End North: 94341.54091 East: 31594.31882 Line Course: S 37-49-53 E Length: 15.88 North: '94328.99858 East: 31604.05866 Line Course: S 37-49-53 E Length: 81.16 North: 94264.89686 East: 31653.83732 Line Course: S 37-49-53 E Length: 5.80 North: 94260.31591 East: 31657.39469 Curve Length: 25.17 Radius: 1231.52 Delta: l-10-15 Tangent: 12.58 Chord: 25.17 Course: S 38-25-01 E Course In: N 52-10-07 E Course Out: s 50-59-52 w RP North: 95015.65619 East: 32630.07274 End North: 94240.59842 East: 31673.03200 Curve Length: 14.83 Radius: 1231.52 Delta: O-41-24 Tangent: 7.42 Chord: 14.83 Course: S 39-20-50 E Course In: N 50-59-52 E Course Out: S 50-18-28 W RP North: 95015.65619 East: 32630.07274 End North: 94229.12948 East: 31682.43502 Line Course: S 39-41-32 E Length: 160.12 North: 94105.91934 East: 31784.69780 Line Course: S 50-18-28 W Length: 76.00 North: 94057.38092 East: 31726.21684 Line Course: S 50-18-28 W Length: 126.68 North: 93976.47505 East: 31628.73832 Line Course: N 39-41-32 W Length: 130.97 North: 94077.25466 East: 31545.09258 Curve Length: 240.50 Radius: 800.00 Delta: 17-13-29 Tangent: 121.17 Chord: 239.60 Course: N 31-04-47 W Course In: N 50-18-28 E Course Out: S 67-31-57 W RP North: 94588.18536 East: 32160.68159 End North: 94282.45790 East: 31421.40442 Line Course: N 22-28-03 W Length: 80.67 North: 94357.00477 East: 31390.57563 Perimeter: 1196.29 Area: 80,700.95 sq.ft. 1.853 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01252 Course: S 02-14-12 W Error North: -0.012513 East: -0.000489 Precision 1: 95,531.49 1 of 1 __. b )* <-.:,,* . L * 3980 MJFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On )lT%vP,dQ cs&m Dat personally appeare r&ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ic/&& subscribed to the within instrument and acknowledged to me that tqWsKe/@$xecuted the same in his/her/ eir 0 authorized capacity(ies), and that by R&/l-&/@ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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 reaftachment 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 Signer’s Name: !~! Individual 1 Corporate Officer - Title(s): ,L Partner - L! Limited 0 General LI! Attorney in Fact L- Trustee i_l Guardian or Conservator ij Other: Signer Is Representing: 0 1999 Narmnai Notary Assoc~atton . 9350 De Soto Ave PO Box 2402 . Chatsworth. CA 91313-2402 * www.“at~onalnota~ or9 Prod No 5907