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HomeMy WebLinkAboutPIP 06-14; Opus West Corporation; 2007-0649953; EasementRECORDED AT THE REQUEST OF CHICAGO TITLE CO. DGC# 2007-0649953 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 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 [61 03].) OCT 08, 2007 3:03 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G REG 0 R Y J . S M I T H . CO U N T Y R E CO R D E R FEES: 0.00 DC: NA PAGES: i Illlll Hill Hill Hill Illll Hill Hill Hill Hill Hill Hill Hill Hill UNI IIiiiiiyiyiiiiiiiiiiiiiiiiii 2007-0649953 °^^ify* 4862 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.: 221-881-02-00 Project No. & Name: PIP 06-14 Opus Point Lot 8 Waterline Easement PR 06-135 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, GeneralJManager By: DAVID A. MAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Opus West Corporation, a Minnesota Corporation, Grantor(s), 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 4863 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 23 day of $%%<? 20~/~ GRANTOR: (sign here) _ (print name and title ofsignatory) Jyj _ / (sigidiere) (prirrt/rfame and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: Deputy General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 4864 State of California County of Orange On (Date) Personally appeared_ before me,u _ (Name, Title of Officer) (NamefXl of SignerfsJ) , £1 personally known to me -OR- D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are, subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcf/thcir authorized capacity(ies), and that by his/her/their- signature($) on the instrument the person(S), or entity upon behalf of which N the person(si acted, executed the instrument. WITNESS my hand and official seal - DONALOBER Commission #1431256 Notary PubHc - California Orange County My Comm. Expires JullS. Signature of Notary Title or Tvpe of document Date of Document Signer(s) other than named above No. of Pages FEBRUARY 8, 2007 J.N. 051130-3 PAGE 1 OF 1 EXHIBIT "A'4865 LEGAL DESCRIPTION WATER LINE EASEMENT P.I.P. 06-14 PR 06-135 A PORTION OF LOT 8 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 DOCUMENT 2005- 0371022 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8, A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF LIONSHEAD AVENUE; THENCE, ALONG THE NORTH LINE OF SAID LOT 8 AND SAID SOUTHERLY RIGHT-OF-WAY, NORTH 81°09'39" EAST 1.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE AND SAID SOUTHERLY LINE, NORTH 81°09'39" EAST 20.00 FEET; THENCE, LEAVING SAID NORTH LINE AND SAID SOUTHERLY LINE, SOUTH 08°50'21" EAST 88.86 FEET; THENCE SOUTH 53°50'21" EAST 6.78 FEET; THENCE SOUTH 08°04'23" EAST 38.77 FEET; THENCE NORTH 81 55'37" EAST 15.23 FEET; THENCE 08°04'23" EAST 10.00 FEET; THENCE SOUTH 81°55'37" WEST FEET; THENCE SOUTH 08°04'23" EAST 164.97 FEET; THENCE 81°55'37" WEST 20.00 FEET; THENCE NORTH 08°04'23" WEST FEET; THENCE SOUTH 81°55'37" WEST 10.08 FEET; THENCE 08°04'23" WEST 20.00 FEET; THENCE NORTH 81°55'37" EAST SOUTH 15.23 SOUTH 85.39 NORTH 10.08 NORTHFEET; THENCE NORTH 08 04'23" WEST 99.91 FEET; THENCE 53°50'21" WEST 6.62 FEET; THENCE NORTH 08°50'21" WEST 97.14 FEET TO THE TRUE POINT OF BEGINNING. AREA = 6,538 S.F. (0.15 AC) 0:\Legal_Descriptions\051130\Lot_8.Igl.doc 4866 CITY OF OCtANSlOE :SITE PACIFIC OCEAN CITY OF ENCmiTAS VICINITY MAP NO SCALE 2710 Lokar Avenue Weil Suite 100 Corts&od, California 920)0760-931-7700 Fox: 760-931-8680 www.odayconsultants.com Civil Engineering Proceiiinq Surveying NO. 7700 EXP. 12/31/08 / + (NO) / 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DELTA/BEARING N 81W39" E N 81W39" E S 08'50'21" E S 53W21" E S 08V4'23" E N 81'55'37" E S 08V4'23" E S 81'55'37* W S 08V4'23* E S 81'55'37' W N 08W23" W S 81'55'37" W N 08V4'23" W N 81'55'37* E N 08V4'2J" W N 53'50'21" W N 03'50'2f W RADIUS LENGTH 1.12' 20.00' 88.86' 6.78' 38.77' 15.23' 10.00' 15.23' 164.97' 20.00' 85.39' 10.08' 20,00' 10.08' 99.91' 6.62' 97.14' LEGAL DESCRIPTION PORTION OF LOT 8, C.T. 98-10, MAP No. 15013 BASIS OF BEARINGS NORTHERL Y LINE OF LOT 8, MAP No. 15013 I.E. N81W'39"E EXISTING EASEMENTS Q] ABUTTER'S RIGHT OF ACCESS RELINQUISHED PER MAP No. 15013 _2J SIGHT DISTANCE CORRIDOR PER MAP No. 15013 T] 40' WIDE x 100' LONG RECIPROCAL ACCESS EASEMENT TO LOT 7 OF MAP 15013 PER DOC. NO. 2007-0120802 WATERLINE EASEMENT PR 06-135 CARLSBAD MUNICIPAL WATER DISTRICT 3Y:" WEST CORP. 4350 LA JOLLA VILLAGE DRIVE,SUITE 110SAN DIEGO, CA 92121PHONE: (858) 546-4100 PREPARED BY: TIMOTHY 0. CARROLL. LS. 7700 EXP. 12/31/08 PROJECT: OPUS POINT AT THE RACEWAY LOT 8 SHT. 1 OF 2 SHTS. A.P.N. 221-881-02 DATE FEBRUARY 2007 EXHIBIT 'B' l:\051l30\PLATS\lot 8\0530P01.DWG Apr 09, 2007 2:12pmXrefs: 0530PMAP: 0530V1C ©2007 O'Day Consultants, Inc. 4867 SSftw^ V W SCALE: 1" = LEGEND EXISTING BOUNDARY EXISTING EASEMENT — POINT OF BEGINNING TRUE POINT OF BEGINNING WATERLINEEASEMENT AREA AREA = 6,538 S.F. (0.15 AC.) SEE SHT. 1 FOR EASEMENT DESCRIPTIONS LOT 8 MAP 15013 CONSULT T S 2710 Loher Avenue West Suite 100 Carlsbad. California 92Q1Q 760-931-7700 Fa*: 760-931-8680 www.odayconsultont9.coni Civil Engineering Planning Processing Surveying WATERLINE EASEMENT PR 06-135 CARLSBAD MUNICIPAL WATER DISTRICT ar, 99-08 REQUESTED BY:OPUS WEST CORP.4350 LA JOLLA VILLAGE DRIVE,SUITE 110 SAN DIEGO, CA 92121PHONE: (858) 546-4100 PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/08 PROJECT: OPUS POINT AT THE RACEWAY LOT 8 SHT. 2 OF 2 SHTS, A.P.N. 221-881-02 DATE FEBRUARY 2007 EXHIBIT 'B' l:\0511JO\PLATS\lot 8\0530P01.DWG Apr 09. 2007 2:13pm Xrefs: 0530PMAP: 0530VIC ©2007 O'Day Consultants, Inc. 4868 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated May 23. 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: July 12. 2007 RONNA STICKROD, Deputy Secretary