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HomeMy WebLinkAboutPIP 05-07; Opus West Corporation; 2006-0496915; EasementDOC# 2006-0496915 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk 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].) 6116 JUL14, 2006 11:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 7 2006-0496915 Space above this line for Recorder's use. 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. Assessor's Parcel No.: 221-880-08-00 Project No. & Name: PIP 05-07 Opus Point Lot 20 PR 05-148 CARLSBAD MUNICIPAL WATER DISTRICT ROBERTA WOJ0IK, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Opus West Corporation, a Minnesota corporation, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1 , 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 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. Executed by the Grantor this f* day of GRANTOR: Opus West! By: / Corporation, a Minnesota corporation PAUL A. MAMHfere) PAUL A. MAR VICE PRESIDENT VICE PRESIDE By: (print name and title of signatory) (sign here) By: By: (print name and title of signatory) (sign here) (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 Deputy City Attorney H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 6118 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t&—County of. On 3 - Date before me, personally appeared ss. ^-W C-rfU-c-*-*'_ Name and Title of Officer (e.g., "Janettoe, Notary Public") 7" /&-• Name(s) of Signer(s) LINDA M. CHASE Commission* 1*56337 Notary Pubic - CoWomta Orange County My Comm. Expires Mar 3.2009 rpersonally known to me ETpfoved to me on the basis of satisfactory evidence to be the person^whose namejts}' is/ape' subscribed to the within instrument and acknowledged to me that he/sHe/tl^iey executed the same in his/h^r/th^fr authorized capacity(ie^), and that by his/hef/theft signature^ on the instrument the person(s^ or the entity upon behalf of which the person(stf acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. _O-_ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sjgner(s) Signer's Name: ^&-*->(-£:L, M D Individual B-Corporate Officer — Title(s):. D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing:C — " Top of thumb here -Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association-9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" PR 05-148 WATER UTILITY EASEMENT A PORTION OF LOT 20 OF MAP NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 20 AND ALONG THE NORTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE NORTH 80°31'53" WEST 24.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND SAID RIGHT OF WAY NORTH 80°31'53" WEST 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND SAID RIGHT OF WAY NORTH 09°05'48" EAST 141.41 FEET; THENCE SOUTH 80°54'12" EAST 20.00 FEET; THENCE SOUTH 09°05'48" WEST 104.50 FEET; THENCE SOUTH 80°54'12" EAST 2.50 FEET; THENCE SOUTH 09°05'48" WEST 10.00 FEET; THENCE NORTH 80°54'12" WEST 2.50 FEET; THENCE SOUTH 09°05'48" WEST 27.04 FEET TO THE SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT OF WAY ALSO BEING THE TRUE POINT OF BEGINNING. 'CONTAINING 0.07 ACRES MORE OR LESS. PATRICK N. O'/DAY' RCE 27214 EXP. 3/31/07 JANUARY 23, 2006 JOB NO.: 051130-04 Page 1 of 1 O:\Legal_Descriptions\051130\LOT 20 WTR ESMT.doc EXHIBIT 'B' PROPOSED EASEMENT DATA w1 2 3 4 5 6 7 8 9 DELTA/BEARING N 80-31 '53" W N 80'31'53" W N 09'05'48" E S 8O"54'12" E S 09'05'48" W S 80"54'12" E S 09t05'48" W N 80'54'/2* W S 09t05'48" W RADIUS LENGTH 24.50' 20.00' 141.41' 20.00' 104.50' 2.50' 10.00' 2.50' 27.04' EASEMENT AREA: 2,854 SF = 0.07 AC VICINITY MAP NO SCALE 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGAL DESCRIPTION LOT 20, CT 98-10, PER MAP NO. 15013 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTHERL Y LINE OF PARCEL MAP No. 15250, I.E. N 89'45'58" W. EXISTING EASEMENTS 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOT 18 PER MAP NO. 15013 F/N 2005-0371022 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOTS 18 A 19 PER MAP NO. 15013 F/N 2005-0371022 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOTS 18 - 20 PER MAP NO. 15013 F/N 2005-0371022 PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT B DATE: JAN, 2006 SHEET 1 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614(949) 622-1950 PR PATRICK LS. 272W, EXP. 3/31/07 PIP 05-07 A.P.N. 221-880-08 P.R. 05-148 l:\051130\0530PC01.dwg Mar 02, 2006 9:56am EXHIBIT 'B' "-fe- *121 CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGEND EXISTING BOUNDARY EXISTING EASEMENT UTILITY EASEMENT AREA POINT or BEGINNING TRUE POINT OF BEGINNING P.O.B. T.P.O.B. PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT 'B' DATE: JAN, 2006 SHEET 2 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 PR ED BY: PATRICK N.//0'DAY L.S. 27214, EXP. 3/31/07 PIP 05-07 A.P.N. 221-880-08 P.R. 05-148 l:\051130\0530PC01.dwg Mar 02, 2006 9:56am CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated March! 8. 2006. from Opus West Corporation, 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: June 28. 2006 r Y^¥s KAREN R. iCyWQTj, As*l3tant Secretary ^: »:i