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HomeMy WebLinkAbout; Mapleridge Properties; 1995-0439970; Easement.. . . . ~ RECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: ,* Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 I 1' 305 ,* Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 I 305 1' MAIL TAX STATEMENTS TO: MEMPT Space above this line for Recorder's use. The undersigned grantor@) declare($: Assessor's Parcel No. 212-070-01-00 Documentary transfer lax is $o.oO Project No. & Name CMWD Proiect No. 95-206. ( ) computed on full value of property conveyed, or Carlsbad Research Center. Unit 4, S.E. Corner ( ) computed on full value less value of liens and Rutherford & Faradav. Lot 43 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF WATER LINE EASEMENT MAPLERIDGE PROPERTIES. a California llmlted coporation. 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 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, dcors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and 1 0811 4/95 Rev. .. .. 306 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 W attached hereto and by this reference made a part hereof. Executed by the Grantor this a day of 19s GRANTOR: MAPLERIDGE PROPERTIES, A CALIFORNIA LIMITED PARTNERSHIP, fname of arantor) BLACKMORE FAMILY PARTNERS, A CALIFORNIA GENERAL THE BLACKMORE FAMILY TRUST (RESTATED 1995) PARTNERSHIP. ALLEN JOSEPH BLACKMORE, TRUSTEE OF GENERAL PARTNER (title of signatory) (sign here) (title of signatory) APPROVED AS TO FORM: GENERAL COUNSEL RONALD R. BALL (Notdal'acknowledgement of execution of GRANTOR must be attached.) CMWD 95-206 2 OS/l4/95 Rev. 307 STATE OF CALIFORNIA I personally appeared NAME(S) OF SIGNER(S) 0 personally known to me - OR -7 proved to me on the basis of satisfactory evidence to be the personN whose name$) is/# subscribed to the within instrument and acknowledged to me that he/- executed the same in hisherltheir authorized capacitym and that by hisb#hek signature@ on the instrument the person@, or the entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document 7m Date of Document I qq5L NO. of Pages 7 Signer@) other than named above hlouE I I CMWD 0611 4/95 Rev. 308 WATER EASEMENT LOT 43, CARLSBAD LEGAL DESCRIPTION BEING A PORTION OF LOT 43 OF CARLSBAD TRACT NO. 81-10 UNIT NO. 2A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11 134, FILED lN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 3 1,1985, BENG MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: A STRIP OF LAND 17.5 FEET WIDE LYING 8.75 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF RUTHERFORD ROAD AS SHOWN ON SAID MAP 11 134, SAID POINT ALSO BEING THE NORTH WESTERLY CORNER OF SAID LOT 43, THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LME SOUTH 18'25'39" WEST 179.14 FEET TO THE BEGINNING OF A TANGENT 564.00 FOOT RADIUS CURVE CONCAVE EASTERLY, THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 8.63 FEET THROUGH A CENTRAL ANGLE OF 00'52'37" TO THE nLJE POINT OF BEGWG; THENCE WAY LINE SOUTH 72"34'21" EAST 39.13 FEET AT WHICH POINT SAID PARCEL SHALL NARROW TO A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE CENTERLINE WHICH CONTINUES SOU1T-I 08"58'36" WEST 92.65 FEET TO A POINT BEING DESIGNATED AS POINT "A", THENCE SOUTH 08O58'36" WEST 22.35 FEET; THENCE SOUTH 13"31'24" EAST 109.15 FEET; THEN SOUTH S8O3 1'24" EAST 28.22 FEET, TO A POINT BEING DESIGNATED AS POINT "B, THENCE SOUTH 58'3 1'24" EAST 3.00 FEET, THENCE NORTH 76'28'36" EAST 283.00 FEET TO A POINT BEING DESIGNATED AS POINT "C" THENCE NORTH 76"28'36" EAST 33.91 FEET; THENCE SOUTH 81°01'24" EAST 10.00 FEET TO A POINT OF TERMINATION. ALONG SAID CENTERLINE AND DEPARTING FROM SAID EASTERLY RIGHT-OF- EXHIBIT 'A' CMWD 95-206 PD 440 .I -, . ' WATER EASEMENT LOT 43, CARLSBAD LEGAL DESCRIPTION .. Page Two 309 A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL: A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "B" DESCRIBED ABOVE; THENCE SOUTH 13"3 1'24" EAST 9.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13"3 1'24" EAST 22.50 FEET TO A POINT OF TERMINATION. PARCEL: A STRIP OF LAM) LYING 15 FEET WIDE LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "C" DESCRIBED ABOVE; THENCE SOUTH 13'31'24'' EAST 7.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13"3 1'24" EAST 26.00 FEET TO A POINT OF TEWATION. THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR RUTHERFORD ROAD AND AT THE SOUTHERLY LOT LINE OF LOT 43. SHORTENED AT ALL ANGLE PONTS,AT THE EASTERLY RIGHT-OF-WAY LINE OF 311 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated September 18 IS=, from MAPLERIDGE PROPERTIES, a Callfornla llrnlied Dartnershlp. to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, 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. DATED: September 28, 1995 cLL?xL 2.- ALETHA L RAUTENKRANZ, Secretary CMWD 95-206 0811 4/95 Rev.