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Home My WebLink About; Carlsbad Business Park, LLC; 1998-0198386; Easement,. - . ,. . . 1-l '.? '? 0 3 ,. RECORDING REQUESTED BY . . Carlsbad Business Park, LLC AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: I EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) APr 08. 1448 4-55 F" DIEM CwKlY RECORDER'S OFFICE OFFICIAL k€ERDS MGORY J. SMITH, CWNTY REKRDER FEES: 0.00 oc: NA 313 Space above this line for Recorder's use. The undersigned grantor@) declare(s): Assessor's Parcel No. 212-130-36 Documentary transfer tax is $o.oO Project No. & Name 97-257. The Carlsbad SDectrum ( ) computed on full value of property conveyed, or Proiect. Parcels 1 and 2 ( ) 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, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. ". cw- WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT CARLSBAD BUSINESS PARK, LLC, a California limited liability company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 1 10/20/97 Rev. 314 ' 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 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. day of by the Grantor this trt' GRANTOR CARLSBAD BUSINESS PARK, LLC, a California limited liability company By: The Koll Company, a California corporation its Managing Me@er By: (sigxhere) Its: 09. 130, Ask SLCM ' (title of signatoryl (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.) execute this instrument.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to APPROVED AS TO FORM: CMWD 97-257 10/20/97 Rev. 2 315 .,. , ,.. , SEPTEMBER 9, 1997 J.N.: 97-1008 REVISED: OCTOBER 9, 1997 EXHIBIT "A" WATER EASEMENT AT PARCEL A OF PM NO 17209 PARCEL 1: ALL THAT PORTION OF PARCEL A IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17209, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 3, 1993 AS FILE NO. 1993-0584478 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL A, SAID POINT BEING THE BEGINNING OF A 1158.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST, A RADIAL TO SAID POINT BEARS SOUTH 28"33'58" WEST; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL A AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'31'28", AN ARC DISTANCE OF 51.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE AND NON-TANGENT TO SAID CURVE, NORTH 25"47'39" EAST, 91.07 FEET; THENCE NORTH 28"36'34" EAST, 172.78 FEET; THENCE NORTH 35°50'53" EAST, 149.18 FEET; THENCE SOUTH 54"09'07" EAST, 174.31 FEET; THENCE NORTH, 35"50'53" EAST, 276.26 FEET; THENCE NORTH 54"09'07" WEST, 11.86 FEET; THENCE NORTH 35'50'53'' EAST, 20.00 FEET; THENCE SOUTH 54°09'07" EAST, 11.86 FEET; THENCE NORTH 35"50'53" EAST, 299.00 FEET; THENCE NORTH 54"09'07" WEST, 11.86 FEET; THENCE NORTH 35"50'53" EAST, 20.00 FEET; THENCE SOUTH 54°09'07" EAST, 11.86 FEET; THENCE NORTH 35'50'53'' EAST, 238.32 FEET; THENCE NORTH 35°50'53" EAST, 218.32 FEET; THENCE NORTH 54°09'07" WEST, 10.00 FEET; THENCE NORTH 3S050'53" EAST, 20.00 FEET; THENCE SOUTH 54°09'07" EAST, 10.00 PAGE 1 OF 4 316 SEPTEMBER 9, 1997 REVISED: OCTOBER 9, 1997 J.N. : 97-1008 FEET; THENCE NORTH 35'50'53" EAST, 94.50 FEET; THENCE SOUTH 54°09'07" EAST, 279.28 FEET; THENCE SOUTH 25°51'04" EAST, 235.92 FEET; THENCE SOUTH 35"50'53" WEST, 66.39 FEET; THENCE SOUTH 54°09'07" EAST, 21.54 FEET; THENCE SOUTH 35°50'53" WEST, 20.00 FEET; THENCE NORTH 54°09'07" WEST, 21.54 FEET; THENCE SOUTH 35"50'53" WEST, 288.62 FEET; THENCE SOUTH 54O09'07" EAST, 127.00 FEET: THENCE SOUTH 35'50'53'' WEST, 48.75 FEET; THENCE NORTH 54'09'07'' WEST, 20.00 FEET; THENCE NORTH 35'50'53" EAST, 28.75 FEET; THENCE NORTH 54O09'07" WEST, 85.99 FEET; THENCE SOUTH 35'50'53'' WEST, 14.24 FEET; THENCE NORTH 54"09'07" WEST, 21.01 FEET; THENCE SOUTH 35"50'53" WEST, 368.95 FEET; THENCE SOUTH 54°09'07" EAST, 26.03 FEET; THENCE SOUTH 35'50'53'' WEST, 20.00 FEET; THENCE NORTH 54"09'07" WEST, 23.72 FEET; THENCE SOUTH 05°50'53" WEST, 33.54 FEET; THENCE SOUTH 26'15'43" EAST, 15.83 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE SOUTH, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF VAN ALLEN WAY, A RADIAL TO SAID POINT BEARS NORTH 14"38'44" EAST; THENCE WESTERLY, ALONG SAID CURVE AND ALONG SAID NORTHERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 19°05'56", AN ARC DISTANCE OF 20.00 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY AND NON-TANGENT TO SAID CURVE, NORTH 26'15'43" WEST, 16.01 FEET; THENCE NORTH 05"50'53" EAST, 43.63 FEET; THENCE NORTH 35°50'53" EAST, 154.81 FEET; THENCE NORTH 35'50'53" EAST, 632.81 FEET; THENCE NORTH 25°51'04" WEST, 171.52 FEET; THENCE SOUTH 64'08'56'' WEST, 13.00 FEET; THENCE NORTH 25O51'04" WEST, 20.00 FEET; THENCE NORTH 64'08'56'' EAST 13.00 FEET; THENCE NORTH 25"51'04" WEST, 27.41 FEET; THENCE NORTH 54°09'07f1 WEST, 254.24 FEET; THENCE SOUTH 35'50'53'' WEST, 1082.00 FEET; THENCE SOUTH 54'09'07" EAST, 353.45 FEET; THENCE SOUTH PAGE 2 OF 4 .., . .. 317 SEPTEMBER 9, 1997 REVISED: OCTOBER 9, 1997 J.N.: 97-1008 76"39'07" EAST, 49.72 FEET; THENCE SOUTH 29'15'43'' EAST, 34.55 FEET; THENCE SOUTH 63'44'17" WEST, 20.03 FEET; THENCE NORTH 29'15'43" WEST, 24.72 FEET; THENCE NORTH 76"39'07" WEST, 44.92 FEET; THNECE NORTH 54°09'07" WEST, 136.78 FEET; THENCE SOUTH 35"43'18" WEST, 12.68 FEET; THENCE NORTH 54'16'42'' WEST 20.00 FEET; THENCE NORTH 35°43'18" EAST, 12.72 FEET; THENCE NORTH 54"09'07" WEST, 86.73 FEET; THENCE SOUTH 35"50153" WEST, 70.00 FEET; THENCE NORTH 54"09'07" WEST, 20.00 FEET; THENCE NORTH 35"50'53" EAST, 70.00 FEET; THENCE NORTH 54"09'07" WEST, 93.92 FEET; THENCE SOUTH 35"50'53" WEST, 84.40 FEET; THENCE NORTH 54"09'07" WEST, 174.31 FEET; THENCE SOUTH 35"50'53" WEST, 6.08 FEET; THENCE SOUTH 54"09'07" EAST, 9.51 FEET; THENCE SOUTH 35"50'53" WEST, 20.00 FEET; THENCE NORTH 54°09'07" WEST, 9.51 FEET; THENCE SOUTH 35'50'53'' WEST, 101.84 FEET; THENCE SOUTH 28"36'34" WEST, 129.16 FEET; THENCE SOUTH 61°23'26" EAST, 10.00 FEET; THENCE SOUTH 28"36'34" WEST, 20.00 FEET; THENCE NORTH 61"23'26" WEST, 10.00 FEET; THENCE SOUTH 28O36'34" WEST, 20.10 FEET; THENCE SOUTH 25O54'54" WEST 41.10 FEET; THENCE SOUTH 64'12'21'' EAST, 15.80 FEET; THENCE SOUTH 25'47'39" WEST, 20.00 FEET; THENCE NORTH 64'12'21'' WEST, 15.80 FEET; THENCE SOUTH 25"47'39" WEST, 31.15 FEET TO THE BEGINNING OF A 1158.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY LINE OF SAID PARCEL A, A RADIAL TO SAID POINT BEARS SOUTH 25°03'07" WEST; THENCE NORTHWESTERLY, ALONG SAID CURVE AND ALONG SAID SOUTHERLY LINE OF PARCEL A, THROUGH A OF 20.00 FEET TO THE AREA = 1.80 ACRES PAGE 3 OF 4 3 18 SEPTEMBER 9, 1997 REVISED: OCTOBER 9, 1997 J.N. : 97-1008 PARCEL 2: ALL THAT PORTION OF PARCEL A IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17209, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 3, 1993 AS FILE NO. 1993-0584478 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF FARADAY AVENUE AND VAN ALLEN WAY; THENCE ALONG SAID CENTERLINE OF VAN ALLEN WAY NORTH 36'31'58'' EAST, 75.17 FEET; THENCE NORTH 53'28'02" WEST, 36.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 57'13'53'' WEST, 43.61 FEET; THENCE NORTH 32O46'07" EAST, 20.00 FEET; THENCE SOUTH 57'13'53'' EAST, 44.93 FEET: THENCE SOUTH 36'31'58'' WEST, 20.04 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.02 ACRES F:\MSOFFICE\WINWORD\97-1008\WEMT.LGL PAGE 4 OF 4 DATA TABLE NO. (DELTA OR BEARING~RADIUS I LENGTH 320 D" " EXHIBIT B ".p1 -6. ~I"I .IwII" 53 WATER EASEMENT SHT. 2 OF '2 SHE ?€QUESTED BY: :REG-OC, L.P. ;UITE 240 RkE. 272a EXP. 3/31/dl DATE 10-9-97 A JOLLA. CA 92037 fi /9&/57 C.M.W.D. 97-257 PREPARED BY: PATm N. O'DAY A,P,N, 21'2-130-36 ,275 EXECUTWE SQUARE r~\alP\9,,ms\yF*TPD, to-9-37 u-6 rn E! I. .. 321 STATE OF CALIFORNIA , 1 }ss COUNTY OF personally appeared NAME(S) OF SIGNER@) OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) r Title or Type of Document Date of Document \21 Is? No. of Pages a /AwbwiL Signer(s) other than named above CMWD 97-257 06/14/95 Rev. STATE OF CALIFORNIA 1 322 ks. COUNTY OF 1 personally appeared NAME(S) OF W(S) OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized CapacityQes), and that by hislherltheir 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. SIGNATURWF NOTARY (This area for official notary seal.) I Signer@) other than named above I CMWD 97-257 06/14/95 Rev. 323 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated October 9 , 19%, from CARLSBAD BUSINESS PARK. LLC. a California limited liabilitv company to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad. California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: April 2, 1998 1 1/03/97 Rev.