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HomeMy WebLinkAbout; Carlsbad Unified School District; 1997-0307224; EasementRECORDING REQUESTED BY Carlsbad Unified School District AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Engineering Department 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].) 100 - JC # 1997-0307224 35-JUN-1997 01: 18 PPI SAN DIEGO COUNTY RECORDER'S OFFICE OFFICIAL RECORDS Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 215-050-74 Documentary transfer tax is $o.oO Project No. 8 Name 894.302. Aviara Oaks Middle ( )computed on full value of property conveyed, or School ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and '1 FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. c &&&- 4 \?I? WILLIAM E. PLUMMER, District Engine& GRANT DEED OF WATER LINE EASEMEN1 CARLSBAD UNIFIED SCHOOL DISTRICT, a local public agency 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 all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all nafural 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 01/20/97 Rev. 101 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. In the event the wood trellis must be removed for maintenance or replacement, the cost will be borne by owner. 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 1 day of - 1fU. GRANTOR CARLSBAD UNIFIED SCHOOL DISTRICT, a local pub& agency , <ONPJ rii. SLfil.4 (name of grantor) By: (sign here) (title of signatory) APPROVED AS TO FORM: GENERAL COUNSEL RONALD R. BALL (Not&al acknowledgement of execution of GRANTOR must be attached.) CMWD 69-C.302 2 01/20/97 Rev. 102 STATE OF CALIFORNIA 1 COUNTY OF S" P5.J J ks. On 3e/vFT beforeme, D TE personally appeared - Jg && // . PLAt-4 NAME@) 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) ishe subscribed to the within instrument and acknowledged to me that he/shel(key executed the same in his/h&tkir authorized capacity(ies), and that by hislhdbeir signature(s) on theinstrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /&. " j,' SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document &A r Date of Document 51h/F7 No. of Pages 7 Signer(s) other than namdabove &/A CMWD 89-C.302 06/14/95 Rev. .. . 103 01-15-97 MT J.N. 15-95.3 CMWD JOB NO. 84C302 WP: 15-953.LD EXHIBIT 'A' LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF GOVERNMENT SURVEYS, APPROVED OCTOBER 25, 1875 AND APRIL 21, 1890. BEING MORE CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO UNITED STATES PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE WEST HALF OF THE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH HALF OF THE NORTHWEST QUARTER OF SAD SECTION 26, NORTH 89'24'OSWEST. 1.338.77 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 26, SAID POINT ALSO BEING ON THE WESTERLY SIDELINE OF AN EXISTING 20.00 FOOT WDE WATER EASEMENT DEDICATED TO CARLSBAD MUNICIPAL WATER DISTRICT PER DOCUMENT NUMBER 156084 OF OFFICIAL RECORDS, RECORDED SEPTEMBER 27,1966; THENCE ALONG SAID WESTERLY LINE SOUTH OO"42'22 EAST, 163.50 FEET TO A POINT ON THE NORTHERLY SIDELINE OF AN EXISTING 30 FOOT WDE WATER EASEMENT DEDICATED TO CARLSBAD MUNICIPAL WATER DISTRICT PER DOCUMENT NUMBER WESTERLY LINE AND ALONG SAID NORTHERLY SIDELINE NORTH 78'22'39 EAST, 27.51 FEET TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 102'17'38.A DISTANCE OF 151.76 FEET; THENCE SOUTH OO"40'17" WEST, 44.31 FEET ALONG THE EASTERLY SIDELINE OF SAID WATER EASEMENT TO THE TRUE POINT OF BEGINNING; THENCE LEAVINGTHE E4STERLY SIDELINE OF SAID WATER EASEMENT ALONG THE FOLLOWNG COURSES: SOUTH 89"17"34" EAST, 227.68 FEET; THENCE SOUTH OO"42'26 WEST, 2.50 FEET; THENCE SOUTH 89'17'34" EAST, 183.96; THENCE NORTH 00'42'26 EAST, 2.50 FEET; THENCE SOUTH 89'17'34" EAST. TO A POINT ON THE NORTHERLY SIDELINE OF WATER EASEMENT DEDICATED TO CARLSBAD 24.14; THENCE SOUTH 44'17'34" EAST, 36.62 FEET; THENCE SOUTH OO"42'26" WEST, 224.60 FEET SIDELINE OF SAID WATER EASEMENT; THENCE LEAVING THE NORTHERLY SIDELINE OF SAID RECORDED MAY 23,1994; THENCE NORTH 89'1943" WEST. 20.00 FEET ALONG THE NORTHERLY WATER EASEMENT ALONG THE FOLLOWNG COURSES: NORTH 00'42'26" EAST, 216.33 FEET; THENCE NORTH 44"17'34" WEST, 20.05 FEET; THENCE NORTH 89'17'34" WEST, 15.86 FEET; THENCE NORTH 00'42W EAST, 2.50 FEET; THENCE NORTH 89'17'34" WEST. 183.96 FEET; THENCE SOUTH OO"42'26 WEST, 2.50 FEET; THENCE NORTH 89"17'34" WEST, 227.67 FEET TO A POINT ON THE EASTERLY SIDELINE OF SAID WATER EASEMENT DEDICATED PER DOCUMENT NUMBER 1994- 0337927 OF OFFICIAL RECORDS, RECORDED MAY 23,1994; THENCE NORTH W"40'lir' EAST ALONG SAID EASTERLY SIDELINE OF SAID WATER EASEMENT A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. " 1994-0337927 OF OFFICIAL RECORDS, RECORDED MAY 23, 1994; THENCE LEAVING SAID MUNICIPAL WATER DISTRICT PER DOCUMENT NUMBER 1994-0337927 OF OFFICIAL RECORDS, CONTAINING AN AREA OF 0.29 ACRES PLUS OR MINUS. EXHIBIT S 89'1734' E 24J4' .00'42'26' W 2.50' N 897734' W 15.86' W d N P I -NORTHERLY SIDELNE IS 8979'43' 13 LEGEND: IN 897943' W 2o.oog ( I @ INDICATES RECORD DATA ON THE EASTERLY AND NORTHERLY SIDELINE OF WATER EASEMENT DEDICATED TO CARLSBAD WATER DfSTRlCT PER DOCUMENT NO. 1994-0337927. 0.R. RECORDED kY~ 23, 1994. DEDICATED HEREON. INDICATES GENERAL UTILITY AND ACCESS EASEMENT . . ' 'REPARED BY* PREPARED FOR* . AVIARA OAKS wpDiP SCHOOL , R.E. HILL a ASSOCIATES, INC. CARLSBAD UNIFIED SCHOOL DISTRICT 514 EAST VISTA WAY VISTA. CA. 92084 GENERAL UTILITY AND ACCESS EASEMENT ~J __ JANUARY 15, 1997 .I R.E. HILL JOB NO. 15-95.3 I CARLSBAD MUNIUPAL WATER twmcr JOB NO. ~9-c302 .. .. , - - 105 - CERTIFICATION OF ACCEPTANCE OF DEED 1sc 1. " .- .i This is to certify that the interest in real property conveyed by the grant deed of easement, date6 1942, from CARLSBAD UNIFIED SCHOOL DISTRICT. a local Dublic aaencv -p to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 I, 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. / ALETHA L. RAUTENKRANZ. Secretary CMWD 894.302 06/14/95 Rev.