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Home My WebLink AboutCMWD 89-C-311; PURITAN BENNET CORPORATION; 90-X68768; EasementPLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering ~epartment 5950 El Camino Real Carlsbad, California 92008 Assessorgs Parcel No. 212-120-31 & 32 Project Name & No. Lots 44 & 45, Carlsbad Research Center Unit 3, Carlsbad Tract 85-24, Map 11810 CMWD 89-C-311 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, secrekary Board of Directors EASEMENT PURITAN - BENNET CORPORATION, a Delaware Corporation 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 "App and Exhibit "Bpp attached hereto and by this reference made a part hereof. puritan - Bennet Corporation, a Delaware corporation /-f CARLSBAD MUNJ.CIPAL WATER DISTRICT Dated A '4 (Attach Notary Ackowledgment) CMWD 89-C-311 Notary Acknowledgement for Lots 44 & 45, Carlsbad Research Center Unit No. 3, Map 11810 State of California 1 1 ss County of San Diego 1 On this - day of in the year 1990, before me, the undersig blic in and for said state, personally appeared I personally known to me (orcJproved €0 me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the -A/.--->*- A/------- -/--- --f corporation executed it. r-7 0: ?Tr:lTe2.L, SEAL E-IZ233Tw ? FEO 1 ,.-z- '. , \ G- / ""-2 ,," .., -- "'-zL2c - CALIFZzrJ'A ,I - 1, i ?.., .,,.-?-. "9, -., - 8 I LAL-J , y-- . 7" --- ' ,. 1:' b - - --- / i- -- I ,. 1 - -1 (Seal of Notary) State of California 1 1 ss County of San Diego 1 On this day of , in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Signature of Notary) (Seal of Notary) CMWD 89-C-311 LOTS 44 & 45, CT85-24, UNIT 3, MAP 11810 PD 358; CMWD 89-C.311 JN 113/89/00; 1/8/90 FF EXHIBIT A ALL THAT PORTION OF LOTS 44 AND 45 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11810, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERL I NE : PARCEL A: BEGINNING AT A POINT AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 45, SAID POINT BZING A POINT ON THE NORTHERLY RIGHT-OF-W3-V OF FARADAY AVENUE, SAID PGINT ALSO BEING A POINT ON A 1158.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RAGIAL TO SAID CURVE EEARS NORTH 5' 27' 55" WEST; THENCE EASTEZLY, 26.63 FHET ALONG SAID FIGHT-OF-WAXND ALONG S2iD CURVE THROUGH A CENTRAL ANGLE OF i 19 ' 04", A RADIAL T3 SAID CURVE BEARS NORTH 6' 46'59" WEST; THENCE NORTH 33°13'01" EAST, 125.82 FEET ALONG SAID F:;GHT-OF-FAY TO A FOINT ON A 742.00 FOCT RADIUS CURVE, CONCAVE SOUTHERLY, h HADIAL TO SAID CURVE EEAEZS SOUTH 6°46'59ff EAST; THZNCE EASTERLY , 121.26 FEET ALONG SAID RIGHT-OF-WAY AND ALONG SAID CYRVE THEOUGH A CENTRAL ANGLE OF 9O 2ir50" T'3 THE TRUE POINT OF BEGINNING, k RADIAL TO SAID CURVE EEXRS SOUTii 2034'51fl WEST; THENCE ALONG SBI3 CENTERLINE NORTH 2°54f511f EAST, 44.07 FEET TO POINT 'A'; THENCE NORTH 2' 34 1 51'1 ~p , c.rl 18 .409 FEET; THENCE SOUTH 90" 00' 00" WEST, 98.79 FEET; THENCE NORTH 0 00'00'' EAST, 204.00 FEET TO POINT '2'; THENCE NORTH G* 00 ' 00'' EAST, 21i. 50 FEET; THENCE SOUTH 90' 00 ' 00" EAST, 129.36 FEET T3 FOINT 'C'; THENCE SOUTH 90' 00'00" EAST, 100.14 FEET T3 PGINT 'D'; THENCE SOUTH 90~00'00~~ EAST, 270.50 FEET TO POINT 'E'; THENCE SOUTH 90~00'00'~ EAST, 58.00 FEET TO A POINT OF TSRMINUS. ALSO PARCEL Al: BEGINNING AT THE AFORESAID POINT 'A'; THENCE SOUTH 67O 25'09" EAST, 59.95 FEET TO A POINT OF TERMINUS. ALSO PARCEL A2: BEGINNING AT THE AFORESAID POINT 'B l; THENCE SOUTH 90' 00' 00" WEST, 20.50 FEET TO A POINT OF TERMINUS. ALSO PARCEL A3: BEGINNING AT THE AFORESAID POINT "2'; THENCE NORTH o0 00'0OV EAST, 25.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A4: BEGINNING AT THE AFORESAID POINT '9'; THZNCE SOUTH ~"OO'OO" WEST, 27.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A5: BEGINNING AT THE AFORESAID POINT 'El; THENCE NORTH 0°00'00~ EAST, 24.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID SIDELINES SHALL EE CONTINUOUS AND SHALL BEGIN IN SAID NORTHERLY RIGHT-OF-WAY OF FARADhY AVENUE, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS AfA1,A2,A3,A4, AND A5: 15501.13 SrZUBEiE FEET BEGINNING AT A POINT AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 45, SAID POINT BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FARADAY AVENUE, SAID POINT ALSO BEING A POINT ON A 1158.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS NORTH 5@ 27'55" WEST; THENCE EASTERLY, 26.63 FEET ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF la 19 '04", i? RADiAL TO SAID CURVE EiEARS NOETM 6' 46 '59" WEST; THENCE NORTH 83'13!oiu EAST, 123.82 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON A 742.00 FOOT RADI2S CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 6 46'59" EAST; THENCE EASTERLY 359.46 FEET ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'45'24" TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 45, SAID POINT ALSO BEING THE MOST SOUTHWESTERLY CORNER OF SAID LOT 44, A RADIAL TO SAID CURVE BEARS SOUTH 20* 58'25'' WEST; THENCE SOUTH 69- 01'35" EAST, 76.05 FEET ALONG SAID RIGHT- OF-WAY TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20' 58'25" EAST, 84.02 FEET; THENCE SOUTH 69°01135v EAST, 72.94 FEET TO THE POINT OF TERMINUS. THS SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL B, 15.00 FEET IN WIDTH SHALL BE LENGTHENED AND/OR SHORTENED AT THE ANGLE POINT SO THAT SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN AT THE NORTHERLY RIGHT OF WAY OF FARADAY AVENUE, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCEL B: 2354.40 SQUARE FEET. CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 I CHARLES S.NAHA' RC-E.23957 M7& Am .KAWW AND ASSOCIATES 4401 MANCHESTER AVENUE, SUITE 107 ENCI NITAS, CA. 92024 Ph: (6191632 -1941 ExUjB17- b' LOTS 44~45, c 7 75-24, u~173, A&P fla/O h/ATE/? L/N& EPSEMEN~ This is to certify that the interest in real property conveyed by the Deed dated 2-J -- I 19901 from PURITAN - BENNET, a Delaware corporation 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 -- &.LAY--!- -- I 1990, and the Grantee consents to recordation thereof by its duly authorized officer. CARLSBAD MUNICIPAL WATER DISTRICT By: !& A A)*& Aletha L. Rautenkranz, ~ecrethry Carlsbad Municipal water ~istrict CMWD 89-C-311