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HomeMy WebLinkAboutPIP 05-09; Opus West Corporation; 2007-0422279; EasementRECORDING 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].) 10628 DOC# 2007-0422279 JUN 22, 2007 2:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH. COUNTY RECORDER FEES: 0.00 OC: NA RAGES: 7 2007-0422279 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. Space above this line for Recorder's use. Assessor's Parcel No.: 221-880-00 Project No. & Name: PIP 05-09 / PR 05-149 OPUS POINT LOT 22 CARLSBAD MUNICIPAL WATER DISTRICT DAVID A. MAUSER, 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 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 10629 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 / day of /-^ 20 0? . GRANTOR: OPUS WEST CORPORATION, a Minnesota corporation By: Division President Southern California (print name and title of signatory) By: (sign here) (print name and title of signatory) _Byj (sign here) By: (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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 10630 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date^*-« personally appeared me, Pud 4. ;me and Title of Officer <fe.g., "Jane Doe, Notary Public") tlLName(s) of Signer(s) HOUY C. IA KXJFF Commteton * 1670699 Notary Pubflc - CoWomta Orange County My Comm. Expires Jun 25,2010 Place Notary Seal Above D personally known to me Q^or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ohe/thoy-executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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: _/0f- Document Date:Zj«t(o-7 Signer(s) Other Than Named Above: Number of Pages:\2- Capacity(ies) Claimed by Signer(s) 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 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 © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortri, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 10631 EXHIBIT WA" PR 05-149 WATER UTILITY EASEMENT A PORTION OF LOT 22 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 NORTHEAST CORNER OF SAID LOT 22, THENCE ALONG THE EASTERLY LINE OF SAID LOT 22 SOUTH 16°00'13" WEST 27.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE SOUTH 16°00'13" WEST 20.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 73°59'47" WEST 40.19 FEET; THENCE NORTH 28°59'47" WEST 17.64 FEET; THENCE NORTH 73°59'47" WEST 37.18 FEET; THENCE NORTH 16°00'13" EAST 28.04 FEET; THENCE SOUTH 73°59'47" EAST 15.00 FEET; THENCE SOUTH 16°00'13" WEST 8.04 FEET; THENCE SOUTH 73°59'47" EAST 30.47 FEET; THENCE SOUTH 28°59'47" EAST 17.64 FEET; THENCE SOUTH 73°59'47" EAST 31.91 FEET TO THE SAID EASTERLY LINE OF LOT 22 ALSO BEING THE TRUE POINT OF BEGINNING. CONTAINING 0.05 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 22 WTR ESMT.doc .2co-*-* IoO <£>O © EXHIBIT 'B1 PROPOSED EASEMENT DATA 10632 (NO) 1 2 3 4 5 6 7 8 9 10 4 4 DELTA/BEARING 5 /ffW'fJ" W S 16'00'13" W N 73'59'47" W N 28'59'47" W N 73'59'47" W N /ffW'fJ" f 5 73'59'47H E S 16'00'13" W S 73'59'47" E S 28'59'47" E RADIUS LENGTH 27.62' 20.00' 40.19' 17.64' 37.18' 28.04' 15.00' 8.04' 30.47' 17.64' EASEMENT AREA: 2,021 SF = 0.05 AC VICINITY MAP NO SCALE 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGAL DESCRIPTION LOT 22, 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 LOTS 18 - 20 PER MAP NO. 15013 F/N 2005-0371022 CITY OF CARLSBAD 20' WIDE PUBLIC STORM DRAIN EASEMENT PER MAP NO. 15013 F/N 2005-0371022 3 i CITY OF VISTA 20' WIDE SEWER EASEMENT PER FILE/PAGE NO. 86-441910. QUITCLAIMED BY THE CITY OF VISTA PER DOC/ 2006-0359817 RECORDED MAY 22, 2006 OF O.K. PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT 'B' DATE: DEC 2006 SHEET 1 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 WRICK LS. 27211 EXP. 3/31/07 PIP 05-09 ARM 221-880-10 P.R. 05-149 I:\051130\PLATS\LOT 18 - 22\WATER\0530PE01.dwg Dec 18, 2006 11:56am Xrefs: 0530AN; 0530EMAP EXHIBIT 'B' 10633 CONSULT A/'N T S 2710 Loker Avenue West Suite 100Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 EXISTING EASEMENT UTILITY EASEMENT AREA POINT OF BEGINNING TRUE POINT OF BEGINNING PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT 'B' DATE: DEC 2006 SHEET 2 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 PATRICK fg. O'DAY / ' LS. 27214, EXP. 3/31/07 PIP 05-09 A.P M 221-880-10 P.R. 05-149 I:\051130\PLATS\LOT 18 - 22\WATER\0530PE01.dwg Dec 18, 2006 11: 56am Xrefs: 0530AN; 0530EMAP 10634 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated February 9. 2007. 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 20. 2007 RONNA STICKRCJD^Deputy Secretary