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HomeMy WebLinkAbout; Callaway Golf Company; 1994-0569933; Easement3 4 5 6 7 8 9 10 11 12 fi 3' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 80 PLEASE RECORD THIS DOCUMENT AT ) NO FEE AS IT IS TO THE BENEFIT ) OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: ) Engineering Department Carlsbad Municipal Water District ) 5950 El Camino Real Carlsbad, California 92008 ) 1 ,, , , '" Space above this line for Recorder's use. Nb . 212-091-4 & 5 'i Carlsbad Airvort Business Park. Unit 1 Lots 21 & 22. Cul De saa. Drvden Place DOCUMENTARY TRANSFER TAX: None WATER DISTRICT CARLSBAD MUNICIPAL ,,"''::; does hereby grant to CARkhD 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 to be located below the surface of the ground. 1 9/2/94 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other pr'dective facilities and devices. The use shall also include a meatrp of access to and from said facility for the purpose o tructing, operating, repairing, maintaining, inspecting constructing said facility. , ,, '. '_ '. ., , , :.. . The 'uses described herein shall be exclusive to the Grantee;.:: Graiitor herein agrees that no buildings and/or structures will be er&&t@d, walls constructed, fences built nor trees planted in the easement area, nor nay the easement be used by the Grantor or any other pe&$cdr:or entity, including other utilities, whether public or pri.Vate;:foI! uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee, excepting abbve-ground uses which do not in any way interfere with the uses described herein. ::; :, . :; ,, ,,' ;;;:::.;:. I ', ,. ,~ I . ,' , __ , .< . I , *' . ; ~ ;, : ', ,, .,, . .. . /// /// /// /// /// /// /// /// /// 9/2/94 REV. 81 2 I 82 On %//2/5,# before me, /L/ANCr ,Muf /r? Ne- /L&?f I personally appeared On knrl a7&vctl e. [DATE) ' (NAME. TkLE OF OFFICER. LE.. 'YANE DOE, NOTARY PUBLIC) (NAklS) OFSIGNER(S)) c f ILt.L- P,, . / ll 0 personally known to me - OR - &roved to me on the basis of satisfactory evidence to be the oersonis) whose nameis) islare sub- 'I scribed to the withh'instrument andacknowledged to me that helshelthey executed the same in his/her/their authorized capacitybes). and that by hislherltheir signature@) on the instrument the person(s). or the entity upon behalf of which the person@) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER(S) CORPORATE OFFICER(&& 0 PARTNER(S) 0 ATTORNEY IN FACT 0 TRUSTEE(S) 0 GUARDIANlCONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: [NAME OF PERSON(S1 OR ENTITY(1ES)I 1Sw.U ATENTION NOTARY: The information reque s certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document LC &CMC u- t -/ 6*d MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer($ Other Than Named Above ZtA &rh gd Number of Pages 5c v C A Date of Document %Zk <'Re J WOLCDm FORM 63240-ALL RHIPOSI *cKW"HT mTH WR CAP*CWIREPRESIHTAlOWI~R~~-~~. 12-92 o*EnmncmpawE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 22 24 25 2f 2i 2f 83 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit attached hereto and by this reference made a part hereof. .,'. ., ., . APPROVED AS TO' FO&: ', ' . RONALD R. BALL GENERAL COUNSEL .. Executed by t GRANTOR this day of qblbL? , GRANTOR: CALLAWAY GOLF COMPANY, a California corporation - [name of qrantor) . (sign here) W Donald H. Dye, Pre6ident ., (title of signatory) By : Steven C. McCracken, Secretary (title of signatory) (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 90-C.352 3 9/2/94 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 2c 21 22 22 24 21 2c 2; 21 CERTIFICATION OF ACCEPTANCE OF DEED This is to certih that the interest in real property conveyed by the grant deed or easement, dated ?)h?,/y/ , fiom CALLA WAY GOLF COMPANY. a California Corporation to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned oficer or'.dgent.on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution N0.m of the Carlsbad Municipal Water District adopted& JMuary 28, 1992, and the grantee consents to recordation thereof by its duly .. ~.~ : ~ ~ .,.,- ~. '~, '~. ..,.' .. 85 PD 425 EXHIBIT "A" LEGAL DESCRIPTION 20 FOOT WATER EASEMENT A PORTION OF LOT 21 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY , JULY 16, 1985. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20 FEET WIDE LYING ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 21 AND THE WAY SOUTH 21'15'00" WEST 5.29 FEET TO THE BEGINNING OF A TANGENT CURVE THROUGH A CENTRAL ANGLE OF 18*43'5Ott, AN ARC DISTANCE OF ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14'18'32", AN ARC OF A TANGENT 60.00 RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY DISTANCE OF 14.98 TO A POINT ON SAID RIGHT OF WAY AND THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 73'10"17" EAST: THENCE LEAVING SAID RIGHT OF WAY AND ALONG SAID CENTERLINE, SAID CENTERLINE BEING PARALLEL WITH THE NORTHEASTERLY LOT LINE OF TERMINUS. SAID LOT 21 SOUTH 57'55'35" EAST 402.30 FEET TO THE POINT OF THE SIDELINES OF SAID STRIP OF LAND SHALL BE SHORTENED OR SAID RIGHT OF WAY. LENGTHENED AT THE TRUE POINT OF BEGINNING SO AS TO BEGIN ON THE 1043hTR.LGL EASTERLY RIGHT OF WAY OF DRYDEN PLACE: THENCE ALONG SAID RIGHT OF 90.00 RADIUS CURVE, CONCAVE EASTERLY: THENCE SOUTHERLY ALONG SAID 29.42 FEET: THENCE SOUTH 2'3l81lt* WEST, 50.00 FEET TO THE BEGINNING . .. . .. 20’ WATER EASEMENT 86 I C.M.W.3. 90.-C.352 PROJECT NAME: EXHIBIT PROJECT CALLAWAY GOLF NO. PD 425 B JN 1043 "I .. LOCATION MAP 87 LEGEND EXISTING FIRE HYDRANT DOQ VICINITY MAP 'ROJECT NAME: EXHIBIT PROJECT CALLAWAY GOLF NO. 90 c.352 JN 104: