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Home My WebLink AboutCT 00-20; H G Fenton Company; 2006-0067905: Easementf SION DEP-; / ^ RECORDING REQUESTED BY 1?AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive 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].) 16623 DOC# 2006-0067905 JAN 30, 2006 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Q R E G 0 RY, I S MIT H. CO LI N TY R E CO R D E R FEES: 0.00 OC: NA PAGES: 7 2006-0067905 Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ O.O ( ) 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. Assessor's Parcel No.: 212-020-23-00 Project No. & Name: CT 00-20 Fox-Miller PR 04-44 CARLSBAD MUNICIPAL WATER DISTRICT ROBERT J., Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Fenton Carlsbad Research Center, LLC, a California limited liability company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, 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 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 16624 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. Executed by the Grantor this ^ day of ! GRANTOR: Fenton Carlsbad Research Center, LLC, a California limited liability company By: H.G. Fenton Company, ^California corporation, its Manager Byj _ (sign here) Allen w( Jones, Vice President (print name and title of signatory) (sjgnhere) Michael P. Neal, President/CEO (print name and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: _ Deputy City Attorney Hi/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 16625 State of California County of San Diego On (Date) personally appeared before me,tt?i/C (Name, Tie of Officer) R (Name[s] of Signer[s]) z E^personally known to me -OR - D (proved to mo on the baoio of cntiTfnctory evidenffr) to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -ki&ifeer/their authorized capacity(ies), and that by fets/hef/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CLARE CHAVEZ Commtotoni1466W3 Notary Pubfc - Colfomto San Otogo County My CofrmExptet Jon 29.2008 Signature of Notary (This area for official notary seal) Title or Type of Document 0VtW^1^J. fi- ]M 1) Date of Document ^&ft\AJJflV\ sty, 9tiOb ifor i\te &wmt^- No. of Pages (fl U Signer(s) other than named above EXHIBIT 'A' LEGAL DESCRIPTION PR 04-44 JANUARY 23, 2006 JOB NO. : 041093 16626wv THAT PORTION OF LOT 2 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. /52.S3 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN J»J 30,DIEGO COUNTY, _ DESCRIBED AS FOLLOWS: BEING MORE PARTICULARLY BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 2, SAID CORNER ALSO BEING THE EASTERLY RIGHT OF WAY OF SALK AVENUE; THENCE ALONG SAID RIGHT OF WAY SOUTH 43°05'41" WEST A DISTANCE OF 74.62 FEET TO THE BEGINNING OF A TANGENT 264.00 RADIUS CURVE CONCAVE EASTERLY, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 23°20'26" A DISTANCE OF 107.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY SOUTH 74°40'53" EAST A DISTANCE OF 21.20 FEET; THENCE SOUTH 15°19'07" WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 74°40'53" WEST A DISTANCE OF 21.26 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF SALK AVENUE, SAID POINT ALSO BEING ON A 264.00 FOOT RADIUS CURVE CONCAVE EASTERLY WHOSE CENTER POINT BEARS NORTH 78°56'07" WEST; THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 8°41'22" A DISTANCE OF 40.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 870 SF 0.02 ACRES MORE OR LESS Patrick/N. O'Day (/RCE 27214 Of 1 G:\Accts\041093\ExhibitA3 04-44.DOC EXHIBIT "B LEGEND: PROPERTY BOUNDARY^PER MAP HO. T52 LOT LINE PER MAP NO. EASEMENT LINE WATER LINE A PRESSURE REDUCING STATION EASEMENT 16637 FOX UIULER PROPER1Y CT 00-20 OTY OF OCEANSDE HIGHWAY 07YOF SANIMRCOS CON 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying VICINITY MAP NO SCAif PA EXPIRES 03/31/07 CARLSBAD MUNICIPAL WATER DIST.SHEET 1 OF 2 DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 09-08-04 DATE 09-08-04 WATER UNE ft PRESSURE REDUCING STATION ESMT. IN LOT 2, CT 00-20 PR 04-44 APN NO.212-020-23 G:\041093\0493Z14.dwg Jan 23, 2006 3:40pm Xrefs: 0493MAP EXHIBIT "B"% 16628 \ CT 00-20 LOT 2 MAP NO, WE POINT OF BEGINNING WATER LINE & PRESSURE REDUCING STA 7ION EASEMENT DEDICA TED TO CARLSBAD MUNICIPAL WATER DISTRICT HEREON DATA TABLE (M2J 1 2 J 4 BEARING N 74'40'53" W N 1519'07"E N 74'40'53" W A =8'41'22" RADIUS 264.00' LENGTH 21.20' 40.00' 21.26' 40.04' = 50' CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying N. WAY R&27214EXPIRES 03/31/07 CARLSBAD MUNICIPAL WATER DIST.SHEET 2 OF 2 DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 09-08-04 DATE 09-08-04 WATER UNE ft PRESSURE REDUCING STATION ESMT. IN LOT 2, CT 00-20 PR 04-44 APN NO. 212-020-23 G:\041093\0493ZH.dwg Jan 23, 2006 3:40pm Xrefs: 0493MAP 16629 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 24. 2006. from Fenton Carlsbad Research Center. LLC. to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: January 27. 2006 ,<$«>«*>,,/$?•*$& I Iff 1)8!