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Home My WebLink About96-245; Diversified Carlsbad 59; 1997-0159053: EasementRECORDINC!i 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 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0. 00 ( ) computed on full value of property conveyed, or ( ) 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, receipt of which is hereby acknowledged. 1092· w: tt 1997-0159053 O?-APR-1997 03=53 PM DFFlClAL RECORDS 5AH DIEGO COUNTY RECORDER'S OFFICE GREGORY S~ITH, COUHTY RECORDEF: FEES: 0.00 HA Space above this line for Recorder's use. Assessor's Parcel No. _,,2cc12,,_-__,1=,20,,_-.,,2"'4 ______ _ Project No. & Name 96-245. Lot 59, Carlsbad Research Center Unit 4, N/E Corner of Pasteur Court and Aston Avenue CARLSBAD MUNICIPAL WATER DISTRICT A~t;~ WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT DIVERSIFIED CARLSBAD 59, a California Limited Liability Company 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 1 01/20/97 Rev. 1093 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 "B" attached hereto and by this reference made a part hereof. APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By: £ttdu.t · Executed by the Granter this lOtl'lJay of March 19 97. GRANTOR DIVERSIFIED CARLSBAD 59, a California limited liability company By: (sign here) Manager (title of signatory) ------,--,---,--,------------(sign here) (title of signatory) I (Notarial acknowledgement of execution of GRANTOR must be attached.) CMWD 96-245 2 01/20/97 Rev. C STATE OF CALIFORNIA COUNTY OF San Diego l fss. j 1094 On 3/10/97 ------,0=-A""T"'E,---- before me, __ B..::e...:lc...:i:..:.n.:..:d:.ca::.._B_u.:.....::.r.:..:n..::s..::,_N.:...o=-t=-a=r"-y-P.,,:u_bc.,l_i--'· c,:,,...., __________ _ NAME AND TITLE OF OFFICER personally appeared ___ w_i_· _l_l_i_a_m_P_._T_s_c_h_a_n_t_z_=======-------------- NAME(SJ OF SIGNER(S) personally known to me x:0Rxx:e>u:wlldi:lc>i4tton the basis of satisfactory evidence to be the person(!!) whose name(s) isilarfl subscribed to the within instrument and acknowledged to me that he/Sl1eltt~executed the same in his.ti11litllad1X authorized capacity:ti11~. and that by hisltl111lltlleiillCSignature(~ on the instrument the person(sj, or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. '@·. BELINDA BURNS I o COMM.# 1123428 f :t NOTARY PUBLI.C-CALIFORNIA ~ I • SAN OIEGO COUNTY - • · My Comm Exp Jan. 20, 2001 / c============ ==== (This area for official notary seal.) Title or Type of Document __ _,G._.r...,a..,nLl.t..._"'p"'e"e"d'--'o"'f"---'W"'a....,_t ... e,.r__,,L.,.iun..,e.,_E.,_,.a..,scse'-"m"'e'-'nJ.!t.__ __________ _ Date of Document __ 3~/_l_0~/_9_7 __________ No. of Pages --=2=--------------- Signer(s) other than named above _N_/;__A __________________________ _ CMWD 96-245 06/14/95 Rev. 1095 EXHIBIT 11A11 ALL THAT PORTION OF LOT 59 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN'DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 59, SAID POINT BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF PASTEUR COURT, THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, SOUTH 08°35'5711 WEST 36.61 FEET TO THE BEGINNING OF A TANGENT 636.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°38'0011 , AN ARC DISTANCE OF 7.03 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°46'0311 EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY, SOUTH 79°52'00" EAST 6.78 FEET; THENCE NORTH 08°28'30" EAST 18.93 FEET; THENCE SOUTH 81 °31'3011 EAST 20.00 FEET; THENCE SOUTH 08°28'3011 WEST 19.51 FEET; THENCE SOUTH 79°52'0011 EAST 9.21 FEET; THENCE NORTH 08°28'30" EAST 3.87 FEET; THENCE NORTH 53°35'5711 EAST 22.25 FEET; THENCE SOUTH 81 °24'0311 EAST 63.89 FEET; THENCE NORTH 08°35'57" EAST 7.00 FEET; THENCE SOUTH 81°24'0311 EAST 20.00 FEET; THENCE SOUTH 08°35'57" WEST 27.00 FEET; THENCE NORTH 81 °24'03" WEST 75.60 FEET; THENCE SOUTH 53°35'57" WEST 5.76 FEET TO A POINT ON A 692.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°22'07" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°27'27" AN ARC DISTANCE OF 150.46 FEET; THENCE SOUTH 24°39'23" EAST 29.25 FEET TO A POINT ON A 1,188.52 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°13'0611 WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°24'44" AN ARC DISTANCE OF 381.93 FEET; THENCE SOUTH 06°28'02" EAST 24.99 FEET; THENCE SOUTH 83°31'58" WEST 20.00 FEET; THENCE NORTH 06°28'02" WEST 6.57 FEET TO A POINT ON A 1,208.52 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 01 °18'4811 EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°10'1511 AN ARC DISTANCE OF 277.81 FEET; THENCE SOUTH 12°19'5411 WEST 9.24 FEET; THENCE NORTH 77°40'06" WEST 20.00 FEET; SHEET 1 OF 2 C.M.W.D. 96-245 DOtell-419.lgl 1096 THENCE NORTH 12°19'54" EAST 9.24 FEET TO A POINT ON SAID 1,208.52 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°48'21" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°50'50" AN ARC DISTANCE OF 81.15 FEET; THENCE NORTH 24°39'23" WEST 47.06 FEET TO A POINT ON A 672.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°10'44" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °50'07" AN ARC DISTANCE OF 138.81 FEET; THENCE NORTH 79°52'00" WEST 36.00 FEET TO A POINT ON 636.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 78°57'57" EAST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF SAID PASTEUR COURT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 01 °48'07" AN ARC DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT 'B' ATTACHED HERETO. JORGE H. PALACIOS, RCE 32031 SHEET 2 OF 2 C.M.W.D. 96-245 notes/439 lgl ' LOT 60 S81'24'03"E 20.00' DATE: 12-10-96 DRAWN: GM APRVO: JP I I SCALE: t • =60' 10 S02'11'3B"IiRlJ ---r N0118' 48"W(R) ....J ------ -LOT 59 cl:\ I CARLSBAD TRACT NO. 85-2r ;; I UNJT NO. 4 /r::: ~!IAP NO. 11811 ~ S08"35'57"W 27.00' LINE 1 4 ' 6 ~ 0 11 1 1 4 1 LINE TABLE DIRECTION DISTANCE S79'52'00"E 6.78' N08'28'30"E 18.93' S81'31'30"E 20.00' S08'28'30"W . 19.51' S79'52'00"E 9.21' N08'28' 30"E 3.87' N53'35'57"E 22.25' N53'35'57"E 5.76' N79'52'oo·w 36.00' S06'28'02"E 24.99' N83'31'58"E 20.00' S06"28'02"E 6.57' s12·19•54•w 9.24' N77'40'06"W 20.00' N1219'54"E 9.24' WATERLINE EASEMENT PLAT I I ' I OWG. NO. 439-96 .P ENGINEERING. INC. 4849 RONSON COURT, SUITE 105 SAN DIEGO, CA 92111 (619) 569-73TT FAX (619) 569-0830 C.M.W.O. 96-245 1098 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated rn_jj_, from DIVERSIFIED CARLSBAD 59. a California Limited Liability Company ______ 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: .3 -.JI-'11 CMWD 96-245 06/14/95 Rev.