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HomeMy WebLinkAbout; Blackmore Van Allen Group, LP; 1997-0578274; Easement., . RECORDING REQUESTED BY Blackmore Van Allen Group 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 fee as it is to the benefit of the Please record the document at no District (Gov. Code [6103].) aOC #. 1997-0578274 IN 1-79 1997 11120 AM SAH OIEGO COUNTY RECOROER'S OFFICE OFFICIAL RECORDS GREGORY J. SFiITHs COUHTY RECORDER FEES: 0.00 OC: NB ' 269 \' Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-120-03 Documentary transfer tax is $o.oO Project No. & Name 96-227. Lot 72. Carlsbad ( ) computed on full value of property conveyed, or Research Center Unit 4, at Van Allen Way ( ) 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. - WILLIAM E. PLUthMEd, District Engineer - GRANT DEED OF WATER LINE EASEMENT BLACKMORE VAN ALLEN GROUP, A CALIFORNIA LIMITED PARTNERSHIP 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 01/20/97 Rev. .- " 270 natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking f . 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 andlor 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. I -L/ Exe$!ted by the Grantor this day of 19L. GRANTOR BLACKMORE VAN ALLEN GROUP, A CALIFORNIA LIMITED PARTNERSHIP (name of grantor) By: (sign here) (title of signatory) APPROVED AS TO FORM: GENERAL COUNSEL RONALD R. BALL (Notarial kknowledgement of execution of GRANTOR must be attached.) CMWD 96-227 2 01120197 Rev. EXHIBIT "A" ALL THAT PORTION OF LOT 72 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 1181 1 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 72, SAID POINT BEING ON A CURVE CONCAVE EASTERLY, NORTHERLY, AND WESTERLY HAVING A RADIUS OF 60.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 71O01'49" WEST (SAID CURVE BEING THE RIGHT-OF-WAY LINE OF THE CUL-DE-SAC OF VAN ALLEN WAY); THENCE SOUTHERLY ALONG SAID CURVE 20.00 FEET THROUGH A CENTRAL ANGLE OF 19°05'55" TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO WHICH BEARS SOUTH 86O52'16" SAID CENTERLINE ON A NON-RADIAL BEARING SOUTH 80'39'41'' WEST 52.32 FEET; THENCE NORTH 74O01'49" WEST 132.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A". , THENCE CONTINUING NORTH 74°01'49" WEST 69.33 FEET; THENCE SOUTH 12°20'43" WEST 205.22 FEET; THENCE SOUTH 44'57'49'' EAST 91.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE 44"57'49" EAST 198.97 FEET; THENCE NORTH 50°27'13" EAST 200.33 CONTINUING NORTH 50'27'13'' EAST 103.08 FEET; THENCE NORTH AS POINT "D"; THENCE CONTINUING NORTH 39'32'47'' WEST 61.08 WEST; THENCE LEAVING SAID CURVE AND RIGHT-OF-WAY LINE ALONG 39O32'47" WEST 27.42 FEET TO A POINT HEREINAFTER REFFERED TO AND RIGHT-OF-WAY LINE, A RADIAL LINE TO WHICH BEARS SOUTH FEET; THENCE NORTH 1 b"32'14" WEST 46.26 FEET TO SAID CURVE 19'39'08'' EAST. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH 18°58'11" EAST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"' , THENCE SOUTH 45'02'11'' WEST 15.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 39'32'47'' EAST 21.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE SOUTH 50O27'13" WEST 30.00 FEET TO A POINT OF TERMINATION. I \ " . r ." 2 73 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated from BLACKMORE VAN ALLEN GROUP, A CALIFORNIA LIMITED PARTNERSHIP 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. 773 of the Carlsbad Municipal Water District adopted on January 28. 1992, and the grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, Secretary CMWD 96-227 06/14/95 Rev. -a . , ,I .. . 274 STATE OF CALIFORNIA 1 . COUNTY OF k.s. J On 4'2.97 before me, DATE personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - '' proved to me on the basis of satisfactory evidence to be the person@ whose namew is/flsubscribed to the within instrument and acknowledged to me that he/@tt@ executed the same in his/hef/Wr authorized capacityw), and that by hisrn/tbeir signaturewon the instrument the personH, or the entity upon behalf of which the person(S1.acted, executed the instrument. - WITNESS my hand and official seal (This area for official notary seal.) I Title or Type of Document I I Signer@) other than named above I CMWD 96-227 06/14/95 Rev.