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Home My WebLink About; Spieker Properties, LP; 1999-0175733; Easement_. .. .. do2352 RECORDING REQUESTED BY SPIEKER PROPERTIES, L.P. 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 OOC # 1999-0175733 Mar 18. 1999 3:15 PM 3% DIEGO CWNTY RECORDER'S OFFICE CfFICIM. REm GBGBRY J. SHITH, MUNTY &mRwR FEES: oc: 0.00 M Space above this line for Recorder's use. 7 LE-r' D The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-130-46-00 Documentary transfer tax is $o.oO Project No. & Name 97-257. The Eaale Proiect ( ) computed on full value of property conveyed, or 5 Parcel Subdivision 62 Van Allen Way & Faradav ( )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. Avenue & Colleae Boulevard {PA- WS-( WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT SPIEKER PROPERTIES, L.P., 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 08/1 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 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. 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 "8" attached hereto and by this reference made a part hereof. Executed by the Grantor this &-day of 7% , .14 GRANTOR SPIEKER PROPERTIES, L.P., a California limited partnership I/* B. (title of signatory) By: (sign here) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the 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.) APPROVED AS TO FORM: 2 CMWD 97-257 08/1 7/98 Rev. STATE OF CALIFORNIA 1 On kbuauy 17, before me. M L. 5hU-d-e DdhE NAME AND TITLE OF OFFICER personally appeared MlCchel J. 2;t.jche I / NAME(S) OF SIGNER@) dpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RY PUBUC CALWRNIA SIGNATURE OF NOTARY (This area for official notary seal.) CMWD 97-257 06/14/95 Rev. .. ., 707‘7 WATER EASEMENT EXHIBIT “A” PARCELS 3 AND 4 BEING A PORTION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 97-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17971, FILED IN THE OFFICE OF SAID SAN DIEGO COUNTY ON DECEMBER 24,1997 AS FILE NO. 97-0656621 O.R., MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL ‘A’ BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4 SOUTH 54”09’07” EAST 20.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 35°50’53”wEsT 35.00 FEET; THENCE SOUTH 54’09’09”EAST 182.39 FEET, THENCE SOUTH 09”09’09” EAST 2220 THENCE SOUTH 13020’51” WEST 22.01 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1010.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 15933 FEET, THROUGH A CENTRAL ANGLE OF 09002’19”; THENCE SOUTH 22023’10”WEST 13728 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1010.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 336.79 FEET THROUGH A CENTRAL ANGLE OF 19”06‘20”; THENCE SOUTH 4159’30” WEST 116.64 FEET; THENCE SOUTH 86929’30” WEST 108.93 FEET; THENCE NORTH 46’00’44” WEST 71.64 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1240.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 4.20 FEET THROUGH A CENTRAL ANGLE OF 00’1 1’38” TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 43’ 47’38” EAST; THENCE SOUTH 43’59’16” WEST 49.91 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY ON FARADAY AVENUE AS SHOWN ON SAID MAP 17971 TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1242.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 4303 1.47“ EAST; THENCE ALONG THE NORTHERLY RIGHT OF WAY NOR’IHWESIERLY 20.00 FEET THROUGH A CENTRAL ANGLE OF OOO55’22”; TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 42’36‘25” EAST; THENCE NORTH 43’59’16“ EAST 50.00 FEET; TO A POINT ON A NON- TANGENT CURVE, CONCAVE WUTHWEXERLY. HAVING A RADIUS OF 1240.00 FEET; A RADIAL LINE TO SAID POINT HAVING A BEARCNG OF NORTH 42’52’1 1”EAST; THENCE NORTHWESTERLY ALONG SAID CURVE 96.24 FEET THROUGH A CENTRAL ANGLE OF 04026’49”; TO A POINT OF NON- TANGENCY, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 3855’22” EAST; THENCE SOUTH 37’57’39” WEST 12.60 FEFT; THENCE NORTH 52”02’21” WEST 20.00 FEET; THENCE NORTH 37’57’39” EAST 12.60 FEET; TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1240.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 37O29.55” EAST; THEYCE NORTHWESTERLY ALONG SAID CURVE 141.21 FEET 40 I .OO 401LEGAL.DOC 7078 THROUGH A CENTRAL ANGLE OF 06'31'29"; THENCE NORTH 59'01'34" WEST 13.40 FEET; THENCE NORTH 30O58.26" EAST 58.51 FEET; THENCE NORTH 53O28'26" EAST 29.47 FEET; THENCE TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 410.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 72.05 FEET THROUGH A CENTRAL ANGLE OF lO"04'06"; THENCE NORTH 63'32'32" EAST 7.14 FEET; THENCE NORTH 26O27'28" WEST 8.64 FEET; THENCE NORTH 63"07'40"EAST 20.24 FEET; THENCE NORTH 26"27'28" WEST 34.53 FEET TO A POINT ON THE SOUIHERLY RIGHT OF WAY ON VAN ALLEN WAY AS SHOWN ON SAID MAP 17971 THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 63"44'17" EAST 20.00 FEET; THENCE SOUTH 26027'28" EAST 54.46 FEET; THENCE SOUTH 63'32'32" WEST 8.46 FEET; THENCE SOUTH 26527'28" EAST 11.00 FEET; THENCE SOUTH 63'32'32" WEST 20.00 FEET; THENCE NORTH 26027'28"WEST 11.00 FEET; THENCE SOUTH 63'32'32" WEST 5.48 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 390.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 6.57 FEET THROUGH A CENTRAL ANGLE OF OO"57'54" TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 390.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 61.96 FEET THROUGH A CENTRAL ANGLE OF 09'06'12", THENCE SOUTH 53028'26" WEST 25.50 FEET; THENCE SOUTH 30'58'26" WEST 34.55 FEET TO A POINT ON A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1260.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 31'16'27" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 279.59 FEET THROUGH A CENTRAL ANGLE OF 12'42'49"; THENCE SOUTH 46°00'44" EAST 62.84 FEET; THENCE NORTH 86029'30" EAST 91.85 FEET; THENCE NORTH 41029'30" EAST 52.91'; THENCE NORTH 4890'30" WEST 7.63 FEET; THENCE NORTH 41029'30" EAST 20.00 FEET. THENCE SOUTH 48'30'30" EAST 7.63 FEET; THENCE NORTH 41029'30" EAST 35.44 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 990.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 317.00 FEET THROUGH A CENTRAL ANGLE OF 18520'46", THENCE NORTH 6496'14" WEST 7.85 FEET; THENCE NORTH 25023'46" EAST 20.00 FEET; THENCE SOUTH 64'36'14" EAST 6.89 FEET; THENCE NORTH 22023'10" EAST 130.38 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 990.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 156.18 FEET THROUGH A CENTRAL ANGLE OF 09"02'19"; THENCE NORTH 13520'51" EAST 18.03 FEET, THENCE NORTH 09°09'09" WEST 9.93 FEET; THENCE NORTH 54"09'09" WEST 108.44 FEET; THENCE SOUTH 35°50'51" WEST 7.00 FEET; THENCE NORTH W09'09" WEST 20.00 FEET; THENCE NORTH 35'50'51" EAST 7.00 FEET; THENCE NORTH 54'09'09" WEST 65.67 FEET TO THE WESTERLY BOUNDARY LINE OF SAID PARCEL 4; THENCE ALONG SAID WESTERLY LINE NORTH 35'50'53" EAST 55.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.820 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B AlTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. 401 .OO 40 I LEGAL.DOC PARCEL ' B' BEGINNING AT A POINT ON THE 7079 SOUTHERLY RIGHT OF WAY ON iN P LLLEN WAY AS SHOWN ON SAID MAP 17971 TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 68'03'32'' WEST; THENCE ALONG THE SOUTHERLY RIGHT OF WAY NORTHERLY 19.90 FEET THROUGH A CENTRAL ANGLE OF 19°00'08", TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 81003'40" WEST; THENCE NORTH 46011'5r EAST 29.85 m, THENCE SOUTH 3555'11" WEST 13.61 FEET; THENCE SOUTH 43'48'03" EAST 7.43 THENCE SOUTH 46'1 1'57" WEST 30.79 FEET, THENCE NORTH 68'08'1 1" WEST 9.87 FEET TO 'hE POINT OF BEGINNDIG. CONTAINING 0.020 ACRES. MORE OR LESS. AS SHOWN ON EXHIBIT "B" AlTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. MARK J. ROWSON, R.C.E. 30836 REGISTRATION EWES 3-3 1-2000 401.00 401L GAL.DOC n3 7G30 SHEET 1 OF 6 I FGAL DFSCRIPTION SIT, BEING A PORTION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBOlVlSlON NO. 97-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17977, FILED IN THE OFFICE OF SAID SAN DIEGO COUNTY ON DECEMBER 24, 1997 AS FILE NO. 97-0656621 O.R. BASIS OF BEARINGS VICINITY MAP THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTHWESTERLY CORNER OF PARCEL 4, PER PARCEL MAP NO. 17971. I.€. N3550'53"W. NO SCALE """1 I I I '""t ' SHEET 5 OF 6 , 1 k+ EASEMENT ET;: SPEIKER PROPERTIES, L.P. A CALIF. LIMITED PARTNERSHIP 5900 LA PLACE COURT. # 100 CARLSBAD, CA 92008 (760) 931-6800 La JoLla. CA 92031 810-562-W33 Far 819-552-0756 PARCELS 3 AND 4 PARCEL MAP 17971 ~- ". " .. P*L.Cc-. \3 391WNC Y< REGlSTRAnON EXPIRES 3-31-2000 Ewlar '8' 7082 SHEET 3 OF 6 7083 SHEET 4 OF 6 MEET 5 OF 6 PARCEL I PARCEL MAP 17971 PARCEL 3 PARCEL MAP 17971 PARCEL 4 PARCEL MAP 17971 I I PARCELS 3 AND 4 PARCEL MAP 17971 -. 7C85 SHEET 6 OF 6 1 PARCELS 3 AND 4 i CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real properly conveyed by the grant deed of easement, dated February 19 , 1999, from SPIEKER PROPERTIES. L.P.. a California limited DattnerShiD 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. 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 97-257 11103197 Rev. 7087 CERTIFICATE OF AUTHORITY I hereby certify that I am the Assistant Secretary and Senior Vice President of Spieker Properties, Inc., a Maryland corporation (the “Company”), which is the sole general partner of Spieker Properties, L.P., a California limited partnership (the “Partnership”). I further certify that Mitch J. Ritschel is a Vice President of the Company and as such is authorized to execute and deliver on behalf of the Company, as general partner of the Partnership, such assumptions of obligations under contracts and leases as are necessary or appropriate in the course of business of the Partnership. IN WITNESS WHEREOF, the undersigned has duly executed this Certificate on this 22d day of June, 1998. Stuart A. Rothstein Assistant Secretary and Senior Vice President .. , : ’. , ’ [CorporatesedJ ,> . .