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HomeMy WebLinkAbout; Blackmore Signal Hill, LP; 1999-0639691; EasementRECORDING REQUESTED BY 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 the document at no fee as it is to the benefit of the District (Gov. Code [6103].) DOC # 1999-0639691 SeP 17. 1999 4:41 PPI oc: Iw Space above this line for Recorder's use. yf The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-130-23 Documentary transfer tax is $"QQ Project No. & Name 98-223: LOT 98 (3 CARLSBAD ( ) computed on full value of property conveyed, or RESEARCH CENTER #5 FARADAY AVENUE ( ) 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. ., GRANT DEED OF WATER LINE EASEMENT BLACKMORE SIGNAL HILL, a California Limited Partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, 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 1 0811 7/98 Rev. natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and ail 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. dw'h'Txec ted by the Grantor this Eday ofs€- 19g. GRANTOR BLACKMORE SIGNAL HILL, a California limited By: (sign here) (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.) execute this instrument.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to APPROVED AS TO FORM: 2 CMWD 98-223 08/17/98 Rev. 9043 AUGUST 2, 1999 SDE 4521 " EXHIBIT "A" WATER LINE EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 98 OF CARLSBAD TRACT NO. 85-24 UNIT N0.5 CARLSBAD CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12815, FILED IN THE OFFICE OF THE RESEARCH CENTER, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16,1991 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 98; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89"15'00 EAST, 35.00 TO THE TRUE POINT OF THENCE CONTINUING ALONG SAID LINE NORTH 89"15'00 EAST, 20.00 FEET; BEGINNING; THENCE LEAVING SAID LINE NORTH OO"45'00 WEST. 178.80 FEET; THENCE NORTH 89"15'00 EAST, 10.29 FEET; THENCE NORTH 00"45'00"WEST, 16.35 FEET; THENCE NORTH 89"15'00 EAST, 13.82 FEET TO THE BEGINNING OF A TANGENT 610.00 THENCE ALONG THE ARC OF SAID CURVE 126.36 FEET THROUGH A CENTRAL ANGLE FOOT RADIUS CURVE CONCAVE NORTHERLY; OF THENCE NORTH 77"22'53" EAST TANGENT TO SAID CURVE 46.74 FEET TO THE 11'52'07"; BEARING RADIALLY SOUTH 79"32'35" WEST; BEGINNING OF A NON-TANGENT 190.00 FOOT RADIUS CURVE CONCAVE WESTERLY THENCE ALONG THE ARC OF SAID CURVE 32.19 FEET; AND A CENTRAL ANGLE OF 9"4225" THENCE SOUTH OO"45'00" EASTTANGENTTO SAID CURVE 110.77 FEET; THENCE SOUTH 89"15'00" WEST, 105.05 FEET; THENCE SOUTH OI"45'57" EAST, 44.36 FEET; THENCE SOUTH 43"14'03 WEST, 31.45 FEET; THENCE SOUTH 01'45'57" EAST, 8.02 FEET TO SAID SOUTHERLY LINE OF LOT 98; THENCE ALONG SAID LINE NORTH 89"15'00 EAST, 20.00 FEET; THENCE LEAVING SAID LINE NORTH Ol"45'57" EAST, 0.09 FEET; THENCE NORTH 43"14'03" EAST, 31.45 FEET; THENCE NORTH OI"45'57" WEST, 32.29 FEET; THENCE NORTH 89"15'00" EAST, 7.19 FEET; THENCE SOUTH OO"45'00" EAST, 12.77 FEET; THENCE NORTH 89"15'00 EAST, 20.00 FEET; THENCE NORTH OO"45'00 WEST, 12.77 FEET; THENCE SOUTH OO"45'00 EAST, 14.82 FEET; THENCE NORTH 89'15'00 EAST, 57.50 FEET; THENCE NORTH 89"15'00 EAST, 23.41 FEET; THENCE NORTH 00'45'00 WEST, 20.00 FEET; Page 1 of 2 9044 THENCE SOUTH 89"15'00 WEST, 3.41 FEET; THENCE NORTH 00'45'00 WEST, 65.38 FEET; THENCE NORTH 89"1450 EAST, 13.58 FEET; THENCE NORTH OO"45'10 WEST, 20.00 FEET; THENCE SOUTH 89'1450 WEST, 13.58 FEET; THENCE NORTH OO"45'00 WEST, 40.21 FEET TO THE BEGINNING OF A TANGENT 210.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 43.50 FEET THROUGH A CENTRAL ANGLE OF THENCE NORTH 12"37'07" WEST TANGENT TO SAID CURVE 12.83 FEET; 11 "52'07"; THENCE SOUTH 7722'53" WEST, 66.88 FEET TO THE BEGINNING OF A TANGENT 590.00 THENCE ALONG THE ARC OF SAID CURVE 122.22 FEET THROUGH A CENTRAL ANGLE FOOT RADIUS CURVE CONCAVE NORTHERLY; OF 1 l"52'07"; THENCE SOUTH 89"15'00 WEST TANGENT TO SAID CURVE 44.1 1 FEET; THENCE SOUTH Oo"45'00 EAST, 215.15 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "6" WATER EASEMENT PLAT 9045 STATE OF CALIFORNIA 1 COUNTY OF %d 1 ss. personally appeared NAME(S) OF SIGNER(S) 0 personally known to me - OR *roved to me on the basis of satisfactory evidence to be the perso*whose name& is/M subscribed to the within instrument and acknowledged to me that he/&! executed the same in his/k/t&r authorized capacity&), and that by his/i-&/t@ signature& on the instrument the persona or the entity upon behalf of which the persod acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) Signer(s) other than named above CMWD 06/14/95 Rev. 9047 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated Seutember 1 ,19”¶,fiOm~ip to the Carisbad 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. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997. and the grantee Consents to recordation thereof by its duly authorized officer. CMWD 98-223 KAREN R. KUNDTZ, Assistant Secretary W 11/03/97 Rev.