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HomeMy WebLinkAboutSDP 05-02; Muller-Centerpoint LLC; 2009-0236989; Easement2009-0236989 f RECORDING-REQUESTED BY (ft AND WHEN RECORDED, |V n 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 [6103].) 13922 MAY 05, 2009 4:59 PM OFFICIAL RECORDS- SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BLITLER.. COUNTY RECORDER FEES: 000 OC: NA PAGES: 10 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.: 212-061-03 Project No. & Name: SDP 05-02 Carlsbad Research Center Lot 6 PR 05-57 Water Line Easement CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone^General Manager By: DAVID A. HAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Muller-Centerpoint LLC, a Delaware limited liability company, 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 13923 t 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 Xf^»/v 20 Of . •••••••MM—^V^B GRANTOR: Muller-Centerpoint LLC, a Delaware limited liability company By M-BAM 2006 POOL LLC, A Delaware limited liability company, its sole member By Muller-2006 Pool LLC, an Arizona limited liability company, its Manager (print name and title of signatory) By: / (sigrfhere) (print name and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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/Mastere/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 13924 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of; before me, personally appeared d. nameHer* Insert name and Title of the Officer Nanw(s) of Signals) JOAN SLADEK ' COMM.f 1792831 73 NOTARY PUBLIOAUFORNIA JO ORANGE COUNTY J2 My Corm Expires MARCH 31,2012 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ia^subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bor/thoir-authorized capacity(jee), and that by his/rjecftheiF signature(s)-on the instrument the person(sV or the entity upon behalf of which the personfsfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Signature of Notary Public Though the Information below Is not required by law, it may prove vafyable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: - O 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:. f 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: Top of thumb here item*5907 ReonderCa)IToB-Fwe 1-80(W7fr6827 3 13925 September 5, 2008 EXHIBIT 'A' LEGAL DESCRIPTION FOR WATER EASEMENT CARLSBAD RESEARCH CENTER LOT 6 SDP 05-02 PR 05-57 BEING A PORTION OF LOT 6 OF CARLSBAD TRACT NO. 81-10, UNIT 1 ACCORDING TO MAP THEREOF NO 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON FEBRUARY 18, 1982, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6, BEING A POINT ON THE WESTERLY RIGHT OF WAY OF PRIESTLY DRIVE THENCE ALONG SAID RIGHT OF WAY AND EASTERLY BOUNDARY OF SAID LOT 6 1. NORTH 52°23'40" WEST 160.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE 2. SOUTH 37°35'55" WEST 51.95 FEET TO A POINT HEREIN DESCRIBED AS POINT 'A'; THENCE CONTINUING 3. SOUTH 37°35'55" WEST 65.16 FEET; THENCE 4. SOUTH 56°13'55" EAST 29.66 FEET; THENCE 5. SOUTH 11°00'03" EAST 11.56 FEET TO A POINT HEREIN DESCRIBED AS POINT 'B'; THENCE CONTINUING 6. SOUTH 11°00'03" EAST 29.76 FEET TO A POINT HEREIN DESCRIBED AS POINT 'C'; THENCE CONTINUING 7. SOUTH 11°00'03" EAST 5.00 FEET; THENCE 8. SOUTH 56°44'35" WEST 153.11 FEET TO A POINT HEREIN DESCRIBED AS POINT 'D'; THENCE CONTINUING Page 1 of4 573WESMT-LEG.DOC 13926 9. SOUTH 56°44'35" WEST 32.58 FEET TO A POINT HEREIN DESCRIBED AS POINT 'E'; THENCE CONTINUING 10. SOUTH 56°44'35" WEST 114.13 FEET; THENCE 11. NORTH 67°41'10" WEST 46.48 FEET; THENCE 12. NORTH 18°26'30" WEST 87.18 FEET TO A POINT HEREIN DESCRIBED AS POINT 'F'; THENCE CONTINUING 13. NORTH 18°26'30" WEST 254.72 FEET; THENCE 14. NORTH 71°33'30" EAST 7.55 FEET TO THE BEGINNING OF A 200 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 15. EASTERLY 59.17 FEET THROUGH A CENTRAL ANGLE OF 16°57'03"; THENCE 16. NORTH 51°42'29" EAST 10.01 FEET TO A POINT HEREIN DESCRIBED AS POINT 'G'; THENCE CONTINUING 17. NORTH 51°42'29" EAST 73.26 FEET TO A POINT HEREIN DESCRIBED AS POINT 'H'; THENCE CONTINUING 18. NORTH 51°42'29" EAST 30.04 FEET; THENCE 19. SOUTH 39°31'12" EAST 67.76 FEET TO THE BEGINNING OF A 880.62 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARING S50 °28'48'E; THENCE ALONG THE ARC OF SAID CURVE 20. SOUTHERLY 237.87 FEET THROUGH A CENTRAL ANGLE OF 15°28'34"; THENCE 21. SOUTH 55°10'14" EAST 2.96 FEET; THENCE 22. NORTH 37°35'55" EAST 65.16 FEET; THENCE 23. NORTH 37°35'55" EAST 51.95 FEET TO THE TRUE POINT OF BEGINNING. Page 2 of4 573WESMT-LEG.DOC 13927 TOGETHER WITH A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE SOUTH 52°24'05" EAST 64.99 FEET TO POINT T BEGINNING AT POINT 'D' AS DESCRIBED ABOVE; THENCE SOUTH 33°15'25" EAST 43.01 FEET TO A POINT OF TERMINUS ON THE S'LY BOUNDARY OF SAID LOT 6. BEGINNING AT POINT 'G' AS DESCRIBED ABOVE; THENCE NORTH 35°22'27" WEST 76.29 FEET TO A POINT OF TERMINUS ON THE S'LY RIGHT-OF-WAY OF FARADAY AVENUE TOGETHER WITH A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT POINT T AS DESCRIBED ABOVE; THENCE SOUTH 37°35'55" WEST 16.48 FEET TO A POINT OF TERMINUS. BEGINNING AT POINT 'B' AS DESCRIBED ABOVE; THENCE NORTH 78°59'37" EAST 31.77 FEET TO A POINT OF TERMINUS. BEGINNING AT POINT 'E' AS DESCRIBED ABOVE; THENCE SOUTH 33°15'25" EAST 16.00 FEET TO A POINT OF TERMINUS. BEGINNING AT POINT 'F' AS DESCRIBED ABOVE; THENCE SOUTH 71°33'30" WEST 17.70 FEET TO A POINT OF TERMINUS BEGINNING AT POINT 'C' AS DESCRIBED ABOVE; THENCE SOUTH 61°37'13" EAST 24.76 FEET TO A POINT OF TERMINUS TOGETHER WITH A STRIP OF LAND 15 FEET IN WIDTH LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT POINT 'H' AS DESCRIBED ABOVE; THENCE SOUTH 38°41'38" EAST 18.43 FEET TO A POINT OF TERMINUS SIDELINES OF SAID EASEMENT SHALL BE EITHER LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE BOUNDARY LINES OF SAID LOT 6. Page 3 of4 573WESMT-LEG.DOC 13928 EASEMENT AREA = 31,050.69 S.F. MORE OR LESS THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. RUDY P. PACHECO P.L.S. 5717 DATE 573WESMT-LEG.DOC Page 4 of4 LEGEND:EXHIBIT 13929 PROPERTY LINE WA TER EASEMENT DEDICA TED HEREON AREA=31,050.69 SF (0.713 AC) BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE SOUTHEASTERL Y PROPERTY LINE I.E. S52'23'41"E. LEGAL DESCRIPTION BEING A PORTION OF LOT 6 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 10330 FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 18, 1982 AS FILE NO. 82-044773 O.R. CURVE TABLE CURVE C1 DELTA 16"57'03" RADIUS 200.00' LENGTH 59.17' LINE TABLE UNE u L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 LENGTH 16.48' 29.66' 11.56 31.77' 29.76' 16.00' 43.01' 32.58' 17.70' 7.55' 10.01' 18.43' 2.96' 24.76' 5.00' BEARING S37'35'55'W S5613'55"E S11W'03"E N78"59'37"E S11VO'03"E 53315'25'E S3315'25'E N56'44'35"E S71'33'30"W N71'33'30"E N51'42'29'E S38'41'38"E S5510'14'E 561'37'13'E S11VO'03"E CITY OF VISTA PARTNERS Planning and Engineering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858) 376-3444 Fax: (858) 376-3555 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION CITY OF SAN MARCOS RUDY P. PACHECO LS. NO 5717 MY REGISTRATION EXPIRES 9-30-09 VICINITY MAP NOT TO SCALE CARLSBAD MUNICIPAL WATER DISTRICT DATE:7-26-05 SCALE: 1" = 80' A.P.N.212-061-03-00 WATER UNE EASEMENT PLAT LOT 6 MAP NO. 10330 CT 81-10 UNIT 1 SDP 05-02 DRAWN BY: PARTNERS ENG'G. PR 05-57 SHEET:1 OF 2 573WESMT1.dwg 9-5-08 9:59:01 om EST EXHIBIT 'B'13930 160 240 PM NO, 14268 GRAPHICAL SCALE CARLSBAD MUNICIPAL WATER DISTRICT DATE:7-26-05 SCALE: 1" = 80' A.P.N.212-061-03-00 WATER LINE EASEMENT PLAT LOT 6 MAP NO. 10330 CT 81-10 UNIT 1 SDP 05-02 DRAWNBW PARTNERS ENG'G. PR 05-57 SHEET:2 OF 2 573WESMT1.dwa 9-5-08 9:59:01 am EST 13931 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated February 17, 2009, from Muller-Centerpoint LLC, A Delaware limited liability company 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: May 1,2009 SHERRY FREISINGEF^ Deputy Secretary itWii/,.