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Home My WebLink AboutCMWD 89-C-304; LARWIN ROSEDALE PROPERTIES; 1990-0636064; EasementPLEASE RECORD THIS DOCUMENT AT 20 0 6 NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No. 212-061-10 & 11, 212-062-08 Project Name & No. Lots 16, 18, & 19 Carlsbad Research Center Unit 1 CMWD Project No. 89-C-304 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT 2, Secretary KAREN KUNDTZ, Assistant Secretary EASEMENT LARWIN-ROSEDALE PROPERTIES, a California general partnership, 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 limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities BEST COPY 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 tlA1l and Exhibit "BW attached hereto and by this reference made a part hereof. Dated: q/fiu I ,xc, /'z /,yd LARWIN-ROSEDALE PROPERTIES, a California General Partnership By: K-L Properties, Ltd., a California Limited Partnership, General Partner By: Larwin Properties, Inc., a California , General Partner By: By: Rosedale Properties, Ltd., a California Limited Partnership By: Rosedale Properties, Inc. a California Corporation, General Partner By: (Attach Notary Ackowledgment) CMWD 89-C-304 CAT. NO. NN00636 TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) TICOR TITLE INSURANCE d, a Notary Public in and for 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 n- proved to me on the basis of satisfactory evidence Signature I (This area for official notarial seal) ~ ~ -- ~ CAT. NO. NN00636 TO 1954 CA (9-84) (~orporatdnner of a Partnership) A TICOR TITLE INSURANCE ) s. signed, a Notary Public in and for personally known to me or proMi~ of satisfactory evidence to be the person who executed / the within instrument as the President, P the within instrument, and corporation executed the Signature (This area for official notarial seal) SHEET 1 OF 4 SHEETS EXBIBIT 'Ag LEGAL DESCRIPTION 15' WIDE WATER EASEMENT THAT PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND THAT PORTION OF LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE STRIPS OF LAND 15 FEET IN WIDTH LYING 7.50 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 3' 25'22n, AN ARC DISTANCE OF 32.02 FEET TO THE TRUE POIKT OF BEGINNING. PARCEL 1: THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LINE ALONG SAID CENTERLINE DESCRIBED HEREIN SOUTH 54'27'14" EAST, 90.28 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 54"27'14" EAST, 200.57 FEET; THENCE SOUTH 10" 18'39" EAST, 138.60 FEET TO A POINT HEREAFTEH REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 10" 18'39" EAST, 235.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 10' 18'39" EAST, 55.00 FEET TO A POINT HEREAFTEH REFERRED TO AS POINT *Dm; THENCE CONTINUING SOUTH 10' 18'35" EAST, 47.50 FEET; THENCE SOUTH 79' 41'21" WEST, 308.25 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "En; THENCE CONTINUING SOUTH 79' 41'21R WEST, 89.76 FEET TO A POINT HEREAFTER REFERRED TO AS POINT 'Pa; THENCE CONTINUING SOUTH 79' 41'21" WEST, 267.50 FEET TO A POINT HEREAFTER REFERRED TO AS POIMT "G"; THENCE CONTINUING SOUTH 79' 41'21" WEST, 107.75 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 79'41'21" WEST, 205.00 FEET; THENCE NORTH 10' 18'39" WEST, 187.87 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "In; THENCE CONTINUING NORTH 10°18'39" WEST, 22.86 FEET; THENCE NORTH 75'56'15" EAST, 185.01 FEET; THENCE NORTH 55'25'18" EAST, 30.41 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF PASCAL COURT AS SHOWN ON SAID MAP 10330 AND THE POINT OF TERMINATION. (CONTINUED) CMWD 89-(2.304 SHEET 2 OF 4 SHEETS (CONTINUED) ALSO; COMMENCING AT THE ABOVE DESCRIBED POINT "Fn; THENCE NORTH 10.18'39~ WEST, 189.86 FEET; THENCE SOUTH 79 41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "Gn; THENCE SOUTH 10' 18'39" EAST, 39.00 FEET TO THE POINT OF TERMINATION. ALSO; THOSE STRIPS OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: COMMENCING AT THE ABOVE DESCRIBED POINT "An; THENCE SOUTH 35O32'46" WEST, 38.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "Bn; THENCE NORTH 79°41'21n EAST, 20.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "C"; THENCE SOUTH 79"41'21n WEST, 35.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "Dn; THENCE SOUTH 79'41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "El'; THENCE NORTH 10" 18'39" WEST, 25.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "H"; THENCE SOUTH 10' 18'39" EAST, 33.00 FEET TO THE POINT OF TERMINATION. COMMENCING AT THE ABOVE DESCRIBED POINT "In; THENCE NORTH 7g0 41'21" EAST, 27.00 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID 10' AND 15' WIDE STRIPS OF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AND TERMINATE AT SAID RIGHT-OF-WAY LINES. CMWD 89-C.304 c * I 4 - EXHIBIT "B" SHEET 3 OF 4 SHEETS I C., . - PLAT FOR THE DEDlCATlON OF A 15' WIDE WATER EASEMENT 1 IN ME CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. a SCALE: 1'-100' 1: . , . 1 . SHEET 4 OF SHEETS s EXHIBIT "B" -1 PLAT FOR ME DEDICATION OF I A 15' WIDE WATER EASEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. This is to certify that the interest in real property conveyed by the Deed dated September -t 17, 19901 from LARWIN-ROSEDALE PROPERTIES, a California general partnership, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on November 6, , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED November 14 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: 8, Secretary Water District KAREN KUNDTZ, Assistant Secretary