HomeMy WebLinkAboutCMWD 88-C.244; OPUS SOUTHWEST CORP.; 88-628777; Easement.-
. :&ti- Clerk &CORDING REQUESTED BY 0 f 'City of .Carlsbad 1200 Elm Avenue
b , Carisbad, CA 92008
AND WHEN RECORDED MAIL TO
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NO- City of Carlsbad
St,..l 1200 Elm Avenue
Mdr.ia Carlsbad, CA 92008 City & . Stat. L
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Nom. ' opus Southwest Corp. 'I
Stmt 4742 N. 24th St., Suite 270
*ddngg Phoenix, AZ 85016
City 6 stoh I I
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L 'I SPACE ABOVE THIS LINE FOR RECORDER'S USE- Corporation Grant Deed
CAT. NO. NN00578
TO 1921 CA (2-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS
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' The undersigned grantork) declare(s): 1 Documentary transfer tax is $ N I L DM
( ) computed on full value of property conveyed, or
( ) computed on fuil value less value of liens and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OPUS Southwest
~ ( ) Unincorporated area: (3 City of CarIsbad , and
Corporation, A Minnesota Corporation, aka OPUS Southwest, Designers, Builders,
~ Developers, Inc.
1 a corporation organized under the laws of the State of Minnesota hereby GRANTS to ' the City of Carlsbad, a Municipal Corporation, an easement for waterline purposes
over, under and across
the following described real property in the City of Carlsbad
County of §an Diego , State of California:
Iff See Exhibit IIAll, two pages, for legal description, incorporated herein, and Exhibit l1BI1, for reference only, (attached hereto). Ji This easement is limited to the installation, maintenance and repair of water lines.
Grantee agrees not to interfere with any improvements or buildings on the property or c
off any access to the property. Grantor reserves the right to use and impose the ease-
ment area for curbs, gutters, driveways, parking lots, landscaping, trees and dmdA~+~
Grantor shall have the right, at its sole cost and expense, to relocate the easemen;
and utilities located therein, in its reasonable discretion. Grantee agrees to indm3
defend and hold harmless Grantor from and against all loss, damage, cost and expense
(including reasonable attorney's fees) arising out of Grantee's rations in connectia
with the easement. rn w
In witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its Executive Vice President and --Secretary
thereunto duly authorized.
Dated July 28, 1988 ODUS Smehwest Corporation j
STATE OF- flc\ E0.e 4 07
COUNTY OF kTR ei LO PFI
On .c 8, \"is23 , before me, the underslged, ;'&rar:Pubiic in and for said State, personally By appeared 4Tmu-4e- u. ff\\kesm Secretary personally known to me +roved to me on the basis of satis-
factory evidence to be the person who executed the within
instrument as the e-3 i~eyia President, and personally known to
me or proved to me on the basis of satisfactory evidence to be the
person who executed the within instrument as the
Secretary of the Corporation that executed the within instrument
and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its
board of directors. WITNESS my hand and official seal.
} SS. By . R-~ .)&%-, /' ' /%? 'i *x24 ,- v - J d GgZc. J~cK President
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I Signature (This area for official notarial seai)
I I Title Order No. Escrow or Loan No.
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-, a 17'83 0 Page 1 of 2
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'. Exhibit "A"
LEGAL DESCRIPTION
FOR WATERLINE EASEMENT
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BEING A PORTION OF LOTS 13, AND 14, AS SHOWN ON CARLSBAD TRACT NO.
81-46, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO', STAT
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN'THE OFFICI
OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 14, THENCE ALONG THE
NORTHERLY LINE OF SAID LOT 14, THENCE SOUTH 57 DEG 16' 54" EAST A
DISTANCE OF 112.68 FEET; TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY LINE SOUTH 57 OEG 16' 54" EAST A
DISTANCE OF 15.00 FEET; THENCE SOUTH 32 DEG 43' 06" WEST A DISTANCE OF
124.63 FEET; THENCE SOUTH 57 DEG 16' 54" EAST A DISTANCE OF 11.64 FEET
THENCE SOUTH 32 DEG 43' 06" WEST A DISTANCE OF 10.00 FEET; THENCE NOR7
57 DEG 16' 54" WEST A DISTANCE OF 11.64 FEET; THENCE SOUTH 32 DEG 43'
06" WEST A DISTANCE OF 46.50 FEET: THENCE SOUTH 57 DEG 16' 54" EAST A
DISTANCE OF 8.64 FEET; THENCE SOUTH 32 DEG 43' 06" WEST A DISTANCE OF
'35.37 FEET; THENCE SOUTH 57 DEG 16' 54" EAST A DISTANCE OF 162.89 FEET
THENCE NORTH 77 DEG 43' 06" EAST A DISTANCE OF 23.33 FEET; THENCE SOUT
57 DEG 16' 54" EAST A DISTANCE OF 93.18 FEET; THENCE NORTH 32 DEG 43'
06" EAST A DISTANCE OF 6.00 FEET; THENCE SOUTH 57 DEG 16' 54" EAST A
DISTANCE OF 48.28 FEET; THENCE NORTH 26 DEG IO' 40" EAST A DISTANCE OF
179.85 FEET; THENCE SOUTH 63 DEG 49' 20" EAST A DISTANCE OF 71.42 FEET
TO A POINT ON THE WESTERLY LINE OF PALOMAR OAKS WAY AS SHOWN ON SAID M,
C.M.W.D. 88-C.244
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I) ; Exhibit A (cont.
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NO. 11287, SAID POINT BEING ON A 364.00 FOOT RADIUS CURVE, CONCAVE TC
THE NORTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 65 DEG 00'
IO" EAST: THENCE SOUTHWESTERLY, ALONG SAID WESTERLY LINE AND SAID CUR
THROUGH A CENTRAL ANGLE OF 01 DEG 10' 50" AN ARC LENGTH OF 7.50 FEET:
THENCE SOUTH 26 DEG 10' 40" WEST A DISTANCE OF 7.50 FEET: THENCE NOR1
63 DEG 49' 20" WEST A DISTANCE OF 56.50 FEET: THENCE SOUTH 26 DEG 10'
40" WEST A DISTANCE OF 172.21 FEET: THENCE SOUTH 74 DEG 26' 53" WEST
DISTANCE OF 20.64 FEET; THENCE NORTH 57 DEG 16' 54" WEST A DISTANCE 0
137.25 FEET: THENCE SOUTH 77 DEG 43' 06" WEST A DISTANCE OF 23.33 FEE
THENCE NORTH 57 DEG 16' 54" WEST A DISTANCE OF 192.74 FEET; THENCE NO
32 DEG 43' 06" EAST A DISTANCE OF 231.50 FEET; TO ABOVE MENTIONED
NORTHERLY LINE OF SAID. LOT 14, AND THE TRUE POINT OF BEGINNING.
CONTAINS 0.29 ACRES <MORE OR LESS).
ENGINEER OF WORK:
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1 Leroy e. Bodas R.C .E. 22312
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C.M.W.D. 88-C.244
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Exhibit IIB" 0
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated July 28, 1988
from Opus Southwest Corporation
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-409 , adopted
on November 22, I988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: November 23, 1988 8
By : /&a,,
ALETHA L. RAUTENKRANZ, Citk Clerk
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