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HomeMy WebLinkAbout97-261; S.M.A.C. Partners LP; 1997-0578276: Easement• ' i I""" ,.. RECORDING REQUESTED BY S.M.A.C. Partners L.P. 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).) ' !) ~ . V .~\ 0 r,r, 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. ,j H,~,. l?JJ;OfiBJJ~M OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY J. SMITH, COUHTV RECORDER FEES: 0.00 281 oc: HA I llllll lllll llll llllll lll~J~~llll lll\1111111111111111111 Space above this line for Recorder's use. Assessor's Parcel No. _,,2~1~2~-1~3~0~-3~4,__ _____ _ Project No. & Name 97-261. Lot 109. C.T. 85-24, Map No. 12815, Carlsbad Research Center. System Machines Automated Components IS.M.A.C.l CARLSBAD MUNICIPAL WATER DISTRICT ~7;~~ WILLIAM E. PLUMMER,DlstrictEnginL--- GRANT DEED OF WATER LINE EASEMENT S.M.A.C. PARTNERS L.P., a California limited 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, transporling, 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. -,,. . 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 Ex~uted by the Grantor this Ir day of'Sq,:rr- 19..'.1] GRANTOR S.M.A.C. PARTNERS L.P., a California limited partnership (name of grantor) (title of signatory) By:-----------------(sign here) (title of signatory) By: lltlf_CJMl. (Notarri:::::gement of execution of GRANTOR must be attached.) CMWD 97-261 2 01/20/97 Rev. SYSTEM MACHINES AUTOMATED COMPONENTS LOT 109, C.T. 85-24, UNIT NO. 5, MAP NO. 12815 C.M.W.D. 97-261 PARCEL'A' EXHIBIT 'A' CARLSBAD MUNICIPAL WATER DISTRICT WATER LINE EASEMENTS A.P.N. 212-130-34 JULY 16, 1997 PAGE I Of 3 283 ALL THAT PORTION OF LOT 109 OF MAP NO. 12815, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 16, 1991, AS FILE NO. 91-234162, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING A STRIP OF LAND 20.00 FEET IN WIDTII, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 109, ALSO BEING A POINT ON A 1242.00 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 37°04'22" WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 109, ALSO BEING THE SOUTHWESTERLY LINE OF THAT 84.00 FOOT WIDE PUBLIC RIGHT-OF-WAY IDENTIFIED AS FARADAY AVENUE AS SHOWN ON SAID MAP NO. 12815, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°22'22" A DISTANCE OF 73.ll FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 109, SOUTH 33°42'00" WEST, 63.07 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A', SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 1305.04 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 33°43'12" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°07'16" A DISTANCE OF 139.42 FEET TO A POINT HEREINAFI'ER REFERRED TO AS POINT 'B'; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID 1305.04 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 03°02'34" A DISTANCE OF 69.31 FEET; THENCE SOUTH 22°44'04" WEST, 36.72 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE CONTINUING SOUTH 22°44'04" WEST, 233.59 FEET TO A POINT HEREINAFI'ER REFERRED TO AS POINT 'D'; THENCE SOUTH 63°28'00" EAST, 48.52 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 109, DIST ANT THEREON NORTH 12°20' 45" EAST, 99.15 FEET FROM THE MOST SOUTHEASTERLY CORNER OF SAID LOT 109, SAID POINT ALSO BEING THE POINT OF TERMINUS. . 284 PAGE 2OF3 THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED M'D/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL BEGIN AT SAID NORTHEASTERLY LINE OF SAID LOT 109, AND SHALL TERMINATE AT SAID EASTERLY LINE OF SAID LOT 109. TOGETHER WITH STRIPS OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINES: BEGINNING AT THE ABOVE REFERENCED POINT 'B'; THENCE SOUTH 27°35'56" WEST, 19.45 FEET TO THE POINT OF TERMINUS. BEGINNING AT THE ABOVE REFERENCED POINT 'C'; THENCE NORTH 67°15'56" WEST, 20.68 FEET TO THE POINT OF TERMINUS. BEGINNING AT THE ABOVE REFERENCED POINT 'D'; THENCE SOUTH 22°44'04" WEST, 115.51 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENTS SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED CENTER LINES AT SAID POINTS OF TERMINUS. PARCEL'S' ALL THAT PORTION OF LOT 109 OF MAP NO. 12815, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 16, 1991, AS FILE NO. 91-234162, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT POINT 'A' AS REFERENCED IN THE ABOVE DESCRIBED PARCEL 'A'; THENCE·sourn 33°42'00" WEST, 7,24 FEET; THENCE SOU1H 56°12'00" WEST, 39.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'E'; THENCE CONTINUING SOUTH 56°12'00" WEST, 50.52 FEET; THENCE SOU1H 22°44'04" WEST, 279.53 FEET; THENCE NORTH 67°15'56" WEST, 36.34 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL BEGIN AT THE NORTHWESTERLY AND SOUTHWESTERLY SIDELINES OF THE C.M.WD. 97-261 -., ..i . 285 PAGE3OF3 ABOVE DESCRIBED PARCEL 'A', AND SHALL TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED POINT OF TERMINUS. TOGETHER WITH A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE ABOVE REFERENCED POINT 'E'; THENCE NORTH 33°48'00" WEST, 26.51 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED CENTER LINE AT SAID POINT OF TERMINUS. SEE PLAT ATTACHED HERETO MARKED EXlflBIT 'B' AND BY THIS REFERENCE THERETO MADE A PART HEREOF. CHARLES S. KARR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/97 S~IACES~IT.OOC.LLW C.M.W.D. 97-261 ;_-;· ---re.~·-.".; STEv~ -t.~:.~:-:.\.-Na.-,, IHf 6•0S22'22" R=1242.00' Ls73.1I' POINT Of &CINNINC-PARCEL 'A' __ ,,.. NO. SCALE: 1• = 100' o· so· 100· Lor i08 MAP PARCEL 'B' ----.L.... I I I ~ DATA TABLE 6 OR BEARING RADIUS S33"42'00"W 06'07'16" 1305.04' oso2•34• 1305.04' N6715'56"W S63"28'00"E S33'42'oo"w S5612'00"W I lENClH 63.07' 139.42' 69.31' 20.68' 48.52' 7.24' 39.10' PREPARED BY: KAHR ANO ASSOCIATES Lor 5600 AVENIDA ENCINAS, SUITE 104 iiO CARLSBAD, CA 92008 PH: (760)438-5620 POINT 'D' OUTHEASTERI. Y NER I NORTHEASlERLY LINE TRUE POINT Of 16 BEGINNING- PARCEL 'C A.P.N. 212-120-02 PARCEL 'c' S63"28'00"E 88.7'± / EXIST. 15' 'MOE WATER ESM'T. TO THE C.M. W.0. REC. 10/7 /94, DOC. NO. 1994-0593469, 0.R. EXHIBIT 'B' SYSTEM MACHINES AU TOMA TED COMPONENTS WATERLINE EASEMENT C.M.W.D. 97-261 SIIAO:SIIT.OllC(8) 7 /16/97 11W ... CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated~-19_f/, from S.M.A.C. PARTNERS L.p .• a California limited partnership ___________ 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: /0 -Jl)-9? CMWD 97-261 06/14/95 Rev. ·• .. ., State of Califon1ia .-,..._ -------------County of __ s_a_n_D_i_e __ 3 __ 0 ______ _ On d,'1&· 12 I -rrz before me, ,&.., 1 < 1 .$.ta IA :Ta.A.½! .,,,. r DATE ;: NAME.TTTUOF~=l•E.a..:;te::ca..lCTAAYJI\I~ personally appeared f't(wa.-uL a• 7(&{L, ------, d ~en(SI 0 personally known to me -OR • p proved to me on the basis of sa!istac:ory evidence to be the pers_o~whose nameJsr &'a+e subscribed to the within instrument and ac- knowledged to me tryat@sheAAey executed the same in 4J]ilherftheir authorized capacity(ia-at, and that by~/1:ier/theiF signatur~on the instrumer.t the persoJ:1¥1Y. or the entity upon behalf of which the perso~cted, executed the instrument. WITNESS my hand and offic:al seal. ?~?+-~~ ----------OPTIONAL--------- Though Iha dma belcw is net required by law, it may prcve valuable tc pe=ns relying an the dcc-.:::e.'lt and c::ufc! prevent frauctulent 1'1!1111:aC'.ment at this farm. • CAPACITf ClAIMEl BY SIGNER 0 INCMCUAL 0 CCRFORAi'E OF.iCS lffl.SSI 0 P ARTNS(Si O LIMITEl 0 GelE"--AL 0 ATTORNE"f.;N.;:ACT 0 Ti'ilJSi'E."Si 0 GUARCIAN/CONSE.=iVATOR 0 OTHS: ________ _ SIGNS IS REl"!'!ESaTING! N,Al4Ql~.Jt5Clh$1 QI emrt{IESJ DESCRIPTION OF ATTACHEl DOCUMENT ili1..E CR iYP: c:= :cc::MENT NUMES OF ;:AGES CATI: OF □cc:.;MENT SiGNS(Si OTriS i1-!AN NAMel AECVE 'I 1