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HomeMy WebLinkAboutPIP 06-18; Opus West Corporation; 2007-0760453; EasementRecorded a! the request cf Chicago Title RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretary CarlFhad Municipal Water Dist. 1200 Carlsbad Village Drive Carlsbad, California 92008 TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [61 03].) 5669 DQCtt 2007-0760453 DEC 07, 2007 1:31 PM OFFICIAL RECORDS si.fj DIEiin rOI INTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H, CO LI N T Y R £ CO R D E R FEES: 0.00 OC: NA PAGES: 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.: 221-881-04-00 221-881-05-00 Project No. & Name: PIP 06-18 Opus Point Lots 10 and 11 Waterline Easement PR 06-142 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager 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 5670 to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and i 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 2? day of GRANTOR: By: (sign here) (print name and title of signatory) Jyj / (sign hefe) (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. BA1J_, GENERAL COUNSEL Deputy General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 5671 State of California OYTJ/ County of San Diagc^ On 5 (Date) personally appeared B. before me,U R. (Name, Title olJDficer) (Namefs] of Signer[s]) _,^personally known to me -OR - c (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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal 1KAYLIi. OKR Commlsiion*17M4M Notary PuWte-CoHfomta | Orong* County (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 5672 MARCH 22, 2007 J.N. 051130 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT P.I.P. 06-18 PR 06-142 A PORTION OF PARCEL XB' OF ADJUSTMENT PLAT 06-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 07-04 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 2007 AS DOC. NO. 2007- CJl l£04c5C? , BEING DESCRIBED AS FOLLOWS: PARTICULARLY 89°33'33" EAST 10.50 FEET; THENCE NORTH 00°26'27" EAST FEET; THENCE 89°33'33" EAST FEET; THENCE 15.00 SOUTH 10.00 BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL XB' ; THENCE, ALONG THE NORTH LINE OF SAID PARCEL "B", SOUTH 89°33'33" EAST 20.00 FEET; THENCE, LEAVING SAID NORTH LINE, SOUTH 00°26'27" WEST 58.00 FEET; THENCE SOUTH 89°33'33" EAST 21.07 FEET; THENCE 00°26'27" EAST 10.50 FEET; THENCE SOUTH FEET; THENCE SOUTH 00°26'27" WEST 89°33'33" EAST 337.49 FEET; THENCE FEET; THENCE SOUTH 89°33'33" EAST 00°26'27" WEST 259.07 FEET; THENCE FEET; THENCE SOUTH 00°26"27" WEST 89°33'33" WEST 8.00 FEET; THENCE SOUTH 00°26'27" WEST 34.93 THENCE NORTH 89°33'33" WEST 33.60 FEET; THENCE SOUTH 00°26'27" WEST 10.00 FEET; THENCE NORTH 89°33'33" WEST 15.00 FEET; THENCE NORTH 00°26'27" EAST 10.00 FEET; THENCE NORTH 89°33'33" WEST 341.82 FEET; THENCE SOUTH 00°26'27" WEST 5.00 FEET; THENCE NORTH 89°33'33" WEST 5.14 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL "B"; THENCE, ALONG SAID WEST LINE, NORTH 00°26'27" EAST 14.50 FEET; THENCE NORTH 89°33'33" WEST 8.00 FEET; THENCE NORTH 00°26'27" EAST 10.50 FEET; THENCE, LEAVING SAID WEST LINE, SOUTH 89°33'33" EAST 383.56 FEET; THENCE NORTH 00°26"27" EAST 252.00 FEET; THENCE NORTH 89°33'33" WEST 383.56 FEET; THENCE NORTH 00°26'27" EAST 78.00 FEET TO THE POINT OF BEGINNING. NORTH 10.00 SOUTH 12.00 SOUTH 8.00 NORTH FEET; AREA = 22,807 S.F. (0.52 AC) O:\Legal_Descriptions\051130\S-WTR-B.lgl.doc 7/0 (NO) / 2 3 4 5 6 7 8 9 10 11 12 131 j DELTA/BEARING S 89-33'33* E S 00?6'27" W S 89'33'33" E N 00'26'27"E S 89'33'33" E S 00"26'27* W S 89'33'33" E N 00'26'27" E S893J'JJ*£ S 00?6'27" W S 89'33'33* E S 00'26'27* W N 89'33'33" W e* nn^e'i-i" m RADIUS LENGTH 20.00' 58.00' 21.07' 10.50' 10.00' 10.50' 337.49' 12.00' 15.00' 259.07' 8.00' 10.00' 8.00' 7V f\ 7* CITY OF OCCANSIDE PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT T S~ 2710 loker Avenue West Suite 100Carlsbad, California 92010760-931-7700 Fax: 760-931-8680 www.odayconsullantl.com Civil Engineering Planning Processing Surveying 5673 (NO) 15 16 17 18 19 20 21 22 23 24 25 26 27 va DELTA/BEARING N 89'33'33" W S 00?6'27" W N 89'33'33" W N 00'26'27" E N ffff'JJ'JJ" W S 00'26'27" W N 89'JJ'JJ" W N 00'26'27" E N 89'33'33" W N 00'26'27" E S 39'JJ'JJ" E N 00?6'27" E N 89'33'33" W A/ nniK'w* c RADIUS LENGTH 33.60' 10.00' 15.00' 10.00' 341.82' 5.00' 5.14' 14.50' 8.00' 10.50' 383.56' 252.00' 383.56' 7d nn' LEGAL DESCRIPTION PORTION OF PARCEL 'B' OF ADJ 06-21 BASIS OF BEARINGS SOUTH LINE OF LOT 10 OF MAP 15013 I.E. N 39'JJ'45" E EXISTING EASEMENTS JJ 15' WIDE PRIVATE DRAINAGE EASEMENT PER MAP No. 15013 T] ABUTTER'S RIGHT OF ACCESS RELINQUISHED PER MAP No. 15013 SIGHT DISTANCE CORRIDOR PER MAP No. 15013 LEGEND PARCEL BOUNDARY POINT OF BEGINNING P.O.B. WATERLINE EASEMENT AREA 0.52 AC. WATERLINE EASEMENT PR 06-142 CARLSBAD MUNICIPAL WATER DISTRICT REQUESTED BY:OPUS WEST CORP. 4350 LA JOLLA VILLAGE DRIVE.SUITE 110SAN DIEGO, CA 92121PHONE: (858) 546-4100 PREPARED BY: JJM07HYO. CARBQLL. JR. LS. 7700 EXP. 12/31/08 PROJECT: PIP 06-18 OPUS POINT AT THE RACEWAY PARCEL 'B' SHT. 1 OF 2 SHTS. A.P.N. 221-881-04. 05 DATE MARCH 2007 EXHIBIT 'B' l:\05ll30\0530S-WTR01.dwq Mar 22, 2007 9:5JamXrefs: 05300P-WTR-PCLB 12007 O'Day Consultants, Inc. 5674 0'100' SCALE: 1" = 100' LOT 28v a& \ MAP 15013 t\ \\ ^ BASIS OF BEARINGS N 89'33'45" E ar. 99-08 Lor 6 0*0*+? CONSULT A^N T" 2710 Laker Avenue West Suite 100Carlsbad. California 920(0760-9.31-7700Fox: 760-931-8680 www.odaxcansultantl.com Civil Engineering Planning Processing Surveying / SEE SHEET 1 FOR EXISTING EASEMENTS WATERLINE EASEMENT PR 06-142 CARLSBAD MUNICIPAL WATER DISTRICT! REQUESTED BY:OPUS WEST CORP. 4350 LA JOLLA VILLAGE DRIVE, SUITE 110 SAN DIEGO, CA 92121 PHONE: (858) 546-4100 PREPARED BY: TIMOTHY 0. CARROLL, JR. t LS. 7700 EXP. 12/31/L PROJECT: PIP 06-18 OPUS POINT AT THE RACEWAY PARCEL 'B' SHT. 2 OF 2 SHTS. A.P.N. 221-881-04. 05 DATE MARCH 2007 EXHIBIT 'B' l:\051130\0530S~WTR02.dwqMor 22. 2007 10:03am Xrefs: 05300P-WTR-PCLB: ~ . : 05JOSMAP ©2007 O'Day Consultants, Inc. 5675 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) 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 Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 19, 2007 SbfERRY F^EISINGER/D^puty Secret^yjjj^"//^ ^ Jir.''l<inui'l':'fA'<./g^^m lls l;gl