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HomeMy WebLinkAboutPIP 05-17; Opus West Corporation; 2006-0658175: Easement5468 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].) 2006-0658175 SEP 15, 2006 9:06 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDERFEES: 000 OC: NA PAGES: n 2006-0658175 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.: 221-880-05, 221-880-06 Project No. & Name: PIP 05-17 Opus Point, Lot 5 & 6 PR 05-110 CARLSBAD MUNICIPAL WATER DISTRICT David Hauser, 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 5469 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 Opus W^sfrdorpocnion, a Minnesota corporation Paul A. Marshall (sign here) Division President id title of signatory) _Byj (sign here) (print name and title of signatory) _Byj (sign here) _Byj (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 5470 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On / ss. personally Date appeared before me, — . l'^ Name and Title of Offi cer (e.g. ,"Mne Doe, Notary Public")/ */ a^^L- /Q • /)C)-«--t.^. Q-*.Q u.^ Nam'e(s) of Signer(s) / LINDA M. CHASE Commission * 1*56337 Notary Public - CaWbmta Orange County My Comm. Expires Mar 3.2009 B-pe~rsonally known to me D 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/she/they 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. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below /s 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:. Number of Pages: Signer(s) Other Than Named Above: /) Capacity(ies) Claimed by Signer(s) Signer's Name: ^ D Individual C^orporate Officer — 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: 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 5471 EXHIBIT WA" PR 05-110 WATER UTILITY EASEMENT APN 221-880-05 & 221-880-06 PORTIONS OF LOTS 5 AND 6 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED 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 6 SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 AND ALONG THE SAID RIGHT OF WAY SOUTH 81°09'40" WEST A DISTANCE OF 19.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY AND SAID NORTHERLY LINE SOUTH 08°50'21" EAST A DISTANCE OF 10.36 FEET; THENCE SOUTH 13°39'43" WEST A DISTANCE OF 35.88 FEET; THENCE SOUTH 21°56'44" WEST A DISTANCE OF 55.95 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 36.57 FEET; THENCE SOUTH 00°33'16" EAST A DISTANCE OF 156.99 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 31.89 FEET; THENCE SOUTH 00°33'16" EAST A DISTANCE OF 11.54 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 11.54 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 130.36 FEET; THENCE SOUTH 01°03'33" WEST A DISTANCE OF 17.29 FEET; THENCE NORTH 88°56'27" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01°03'33" EAST A DISTANCE OF 17.01 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 55.55 FEET; Page 1 of 4 O:\Legal_Descriptions\051130\Lots 5 & 6 WTR ESMT.lgl.doc 5472 THENCE NORTH 88°02'44" WEST A DISTANCE OF 14.77 FEET; THENCE SOUTH 01°57'16" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01°57'16" EAST A DISTANCE OF 15.00 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 160.58 FEET; THENCE SOUTH 01°57'16" WEST A DISTANCE OF 18.93 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01°57'16" EAST A DISTANCE OF 18.93 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 65.94 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 36.16 FEET; THENCE NORTH 58°01'53" WEST A DISTANCE OF 21.68 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 68.12 FEET TO THE WESTERLY LINE OF SAID LOT 5 SAID LINE ALSO BEING THE EASTERLY RIGHT OF WAY OF EAGLE DRIVE; THENCE ALONG SAID WESTERLY LINE OF LOT 5 AND SAID RIGHT OF WAY NORTH 09°28'07" EAST 20.00 FEET; THENCE LEAVING SAID WESTERLY LINE AND SAID RIGHT OF WAY SOUTH 80°31'53" EAST A DISTANCE OF 56.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 203.50 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 160.99 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 102.45 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 57.50 FEET TO THE NORTHERLY LINE OF SAID LOT 5, SAID LINE ALSO BEING THE SAID SOUTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE; Page 2 of 4 O:\Legal_Descriptions\051130\Lots 5 & 6 WTR ESMT.lgl.doc 5473 THENCE ALONG SAID LINE SOUTH 80°31'53" EAST A DISTANCE OF 20.00 FEET ; THENCE LEAVING SAID LINE SOUTH 09°28'07" WEST A DISTANCE OF 77.50 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 25.95 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 14.51 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 14.51 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 63.99 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 5.00 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 136.01 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 12.10 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 12.10 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 17.49 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 185.12 FEET; THENCE SOUTH 58°01'53" EAST A DISTANCE OF 17.46 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 30.87 FEET; THENCE SOUTH 88°02'44" EAST A DISTANCE OF 259.54 FEET; THENCE NORTH 89°26'44" EAST A DISTANCE OF 217.37 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 133.21 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 18.00 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89°26'44" EAST A DISTANCE OF 18.00 FEET; Page 3 of 4 O:\Legal_Descriptions\051130\Lots 5 & 6 WTR ESMT.lgl.doc 5474 THENCE NORTH 00°33'16" WEST A DISTANCE OF 13.77 FEET; THENCE NORTH 89°26'44" EAST A DISTANCE OF 43.21 FEET; THENCE NORTH 21°56'44" EAST A DISTANCE OF 41.14 FEET; THENCE NORTH 13°39'43" EAST A DISTANCE OF 30.45 FEET; THENCE NORTH 08° 50'21" WEST A DISTANCE OF 6.38 FEET TO THE NORTHERLY LINE OF SAID LOT 6 SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID RIGHT OF WAY; THENCE ALONG SAID LINE NORTH 81°09'39" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.69 ACRES MORE OR LESS. PATRICK N. fef'DAY RCE 27214 EXP. 3/31/07 JULY 27, 2006 JOB NO.: 051130-04 Page 4 of 4 O:\Legal_Descriptions\051130\Lots 5 & 6 WTR ESMT.lgl.doc •BUSINESS PARK DR. 5475 cnr OF EMCMTAS VICINITY MAP NO SCALE LEGAL DESCRIPTION PORTIONS OF LOTS 5 A 6, C.T. 98-10, MAP 15013 BASIS OF BEARINGS CENTERUNE OF EAGLE DRIVE PER MAP 15013 I.E. NW28'07"E EXISTING EASEMENTS |T] MUTTER'S RIGHT OF ACCESS RELINQUISHED PER CARLSBAD CT 98-10 MAP NO. 15013 5|6| SIGHT DISTANCE CORRIDOR ~~^ PER CARLSBAD CT 98-10 MAP NO. 15013 [To] SDG&E EASEMENT RECORDED AUG. 29. 2005 F/N 2005-0741197 LEGEND EXISTING BOUNDARY CMWD EASEMENT EXISTING EASEMENT WATERUNE \/ / / / / XEASEMENT AREA V / / / / A POINT OF BEGINNING P.O.B. TRUE POINT OF BEGINNING T.P.O.B. CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying EXHIBIT 'B' WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT SHEET 1 OF 3 SHEETS REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 DARED BY: O'DA RCE. 27214 EXP. 3/31/07 A.P.N. 221-880-05 & 06 PR 05-110 DATE JULY 2006 I:\051130\PLATS\LOTS 5 & 6\WATER\0530H-WTR01.dwq Jul"27~, 2006 8:41amXrefs: 0530hmop C.T. 99-06 r 0' 100' SCALE: 1" = 100' ^ESS/^ <^N EXP. 3/31/07 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying EXHIBIT 'B' WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT •s ^c/v\WXx\V ^^^ SHEET 2 OF 3 SHEETS REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 PR PATRICK N. 0'DA\ RCE 27214 EXP. 3/31/07 A.P.N. 221-880-05 & 06 PR 05-110 DATE JULY 2006 I:\051130\PLATS\LOTS 5 & B\WATER\0530H-WTR01.dwg Jul 27, 2006 8:41amXrefs: OSJOhmap (N§) ; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DELTA/BEARING S 81V9'40" W S 08W21" E S 13-39'43" W S 2T56'44" W S 89-26'44" W 5 00-33 '16" E S 89'26'44" W S 00-33'16" E S 89'26'44" W N OQ-33'16" W S 89'26'44" W S 01-03'33" W N 88-56'27" W N 01W33" E S 89-26'44" W N 88V2'44" W S Or57'16" W N 88V2'44" W N 01 -57'16" E N 88-02'44" W 5 Or57'16" W N 88V2'44" W N OT57'16" E N 88"02'44" W N 80'31'53" W N 58 -01 '53" W N 80'31 '53" W N 09-28'07" E S 80-31 '53" E N 09'28'07" E S 80-31 '53" E N 09?8'07" E S 80'31 '53" E &&**? CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931 -7700 Fax: 760-931-8680 A^N T S Civil Engineering Planning Processing Surveying REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 RADIUS LENGTH 19.90' 10.36' 35.88' 55.95' 36.57' 156.99' 31.89' 11.54' 10.00' 11.54' 130.36' 17.29' 10.00' 17.01' 55.55' 14.77' 15.00' 10.00' 15.00' 160.58' 18.93' 10.00' 18.93' 65.94' 36.16' 21.68' 68.12' 20.00' 56.00' 203.50' 160.99' 10.00' 10.00' 5477 (NO) 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 DELTA/BEARING S 09'28'07 W S 80-31 "53" E N 09-28'07" E S 80'31'53" E S 09-28'07" W N 80'31'53" W S 09'28'07" W N 80"31'53" W N 09'28'07" E N 80'31'53" W S 09-28'07" W N 80'31 '53" W N 09'28'07" E N 80'31 '53" W S 09'28'07" W N 80-31 '53" W N 09-28'07" E N 80'31 '53" W S 09-28'07" W S 58V f 53" E S 80'31 "53" E S 88'02'44" E N 89'26'44" E N OQ-33'16" W S 89'26'44'' W N OQ-33'16" W N 89'26'44" E N 00-33'16" W N 89-26'44" E N 2V56'44" E N 13-39'43" E N 08-50'21" W N 8?V9'J9" E EXHIBIT 'B' WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: RCE 27214 EXP. 3/31/07 RADIUS LENGTH 10.00' 102.45' 57.50' 20.00' 77.50' 25.95' 14.51' 10.00' 14.51' 63.99' 5.00' 10.00' 5.00' 136.01' 12.10' 10.00' 12. W 17.49' 185.12' 17.46' 30.87' 259.54' 217.37' 133.21' 18.00' 10.00' 18.00' 13.77' 43.21' 41.14' 30.45' 6.38' 20.00' SHEET 3 OF 3 SHEETS A P.N. 221-880-05 & 06 PR 05-110 DATF JULY 2006 I: \051130\PLATS\LOTS 5 & 6\WATER\0530H-WTR01.dwg Jul 27, 2006 8:41 amXrefs: 0530hmap 5478 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated May 31, 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: August 30. 2006