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Home My WebLink AboutPD 00-15; Emerald Lake Corporate Centre LLC; 2001-0653973; Easement. , l * . RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 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].) DQC # ~~01-0~53~~3 SEP 1L2p 2001 II::51 fiplj OFFICML RECORDS SAN DIE@ COUNTY HEGO@@ ‘S OFFICE GiEGOAY J. !NTHr COUNTY RECORDER FEES: 0.00 oc: Nfl Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ O.OOAr/w ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Assessor’s Parcel No.: 213-l 30-27-00 Project No. & Name: PD 00-15, PR 01-19 Emerald Lake Corporate Centre ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT GRANT DEED OF WATER LINE EASEMENT Emerald Lake Corporate Centre, LLC, a California limited liability company 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 to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 1 08/l 7190 Rev. ‘1 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 I%/ day of H<Y 20 01 . GRANTOR: Emerald Lake Corporate Centre, LLC By: Emerald Lake/Atrium II, LLC-Manager By: Newport National/Cornerstone, LLC - Manager By: Newport National Corporation/Manager (Sign Here) (Print Name Here) A&kfk4JfL (title of signatory) Jesfr y ru,s5 C%K [Print Name Here) Set4 ioJ KCC f&3, d,t/edetsw (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.) ALL, GENERAL COUNSEL By: I\ a DAMlEN%. BROWER, Deputy General Counsel Eng\WordVvfasters\Forms\Grant Deed of Water Line Easement 08/17/98 Rev. State of California County of *ArJ bre Ga , before me, Date Name and Title of Officer (e.g., “Jane Doe. Notary Public”) personally appeared Jim=r2y A * i3Rw~f&%~ 4- SCOT-i- a, &f2urslaw ( Name(s) of Signer(s) 0 personally known to me &roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/e subscribed to the within instrument and acknowledged to me that helsheltm executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted. executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. li?.-+sm Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~u~~&J&L1’L9 Ed Document Date: My 2’ J w \ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General q Attorney in Fact C Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 + Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll-Free l-800-876-6827 EXHIBIT 'A' LEGAL DESCRIPTION FOR WATER EASEMENT PR 01-19 THAT PORTION OF LOT 102 OF CARLSBAD TRACT 85-24, UNIT 5 CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991 AS FILE/PAGE N0.91-234162, OF OFFICIAL RECORDS, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 102, BEING A POINT ON THE RIGHT-OF-WAY OF FARADAY AVENUE, AS DEDICATED PER SAID MAP NO. 12815, ALONG THE NORTHERLY PROPERTY LINE, NORTH 89"15'00" EAST 129.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING NORTHERLY LINE 1. SOUTH OO"45'OO" EAST 56.73 FEET; THENCE 2. NORTH 89O17'10" EAST 168.26 FEET; THENCE 3. SOUTH 00°45'OO" EAST 293.66 FEET; THENCE 4. SOUTH 77='04'23" WEST 67.48 FEET; THENCE 5. NORTH 63'25'06" WEST 172.34 FEET; THENCE 6. NORTH 26O34'54" EAST 8.50 FEET; THENCE 7. NORTH 63O25'06" WEST 15.00 FEET; THENCE 8. SOUTH 26'34'54" WEST 75.87 FEET; THENCE 9. NORTH 85O46'31" WEST 36.77 FEET TO A POINT ON SAID RIGHT-OF-WAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 836.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 86O27'38" WEST; THENCE ALONG THE ARC OF SAID CURVE 10. SOUTHERLY 11. SOUTH 85O46'31" EAST 245 WTRLEG 20.00 FEET THROUGH A CENTRAL ANGLE OF 1022'15"; THENCE LEAVING SAID RIGHT- OF-WAY 50.16 FEET; THENCE Page 1 of 2 . 12. NORTH 26“34'54" EAST 60.77 FEET; THENCE 13. SOUTH 63O25'06" EAST 174.53 FEET; THENCE 14. NORTH 77OO4'23" EAST 12.74 FEET; THENCE 15. SOUTH 12O55'37" EAST 10.00 FEET; THENCE 16. NORTH 77'04'23" EAST 13.00 FEET; THENCE 17. NORTH 12O55'37" WEST 10.00 FEET; THENCE 18. NORTH 77OO4'23" EAST 65.07 FEET; THENCE 19. NORTH OO"45'00" WEST 18.94 FEET; THENCE 20. NORTH 89='15'00" EAST 10.12 FEET: THENCE 21. NORTH 00°45'OO" WEST 10.00 FEET; THENCE 22. SOUTH 89"15'00" WEST 10.12 FEET; THENCE 23. NORTH OO"45'OO" WEST 278.00 FEET; THENCE 24. NORTH 89'15'00" EAST 11.00 FEET: THENCE 25. NORTH OO"45'OO" WEST 10.00 FEET; THENCE 26. SOUTH 89"15'00" WEST 11.00 FEET; THENCE 27. NORTH OO"45'OO" WEST 12.86 FEET; THENCE 28. SOUTH 89O17'10" WEST 168.26 FEET; THENCE 29. NORTH OO"45'OO" WEST 36.75 FEET; THENCE 30. SOUTH 89"lS'OO" WEST 20.00 FEET ALONG THE NORTHERLY PROPERTY LINE TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,355 SQUARE FEET, MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR ACT. - P. L. S. 744 II, ~.---J / 245 WTRLEG Page 2 of 2 E&/D:- ---- PRCPERTY UNE EXHIBIT W SIS of BEAMVGS. . WAlZ.33 EASEMENT LIEWAlED HEREM AREAzIg, gr (0,421 AC) lHE BASIS iJ= 0EARlNGS IS THE NWMRLY PRLPERTY UNE; I.E. N8975’oO”E H-- .“--‘.--’ i i /r i / 8: I ! i , / I II id\ - - - - - - - - - - 3 - - - - HIS PLAT WAS PRWAR0 BY ME R -v -- 77 64 c 7AAZ n*Tf MARnNL r.L3. I- unrr CARLSBAD MUNlCU=AL WATER DISTRICT Fcw17 DATA T- sEsiET2w2 WATER EASINEM PtAT EMERALD LAKE CORPORATE CENTER LOT 102 CT. 85-24 t5WESMT.dwg 5-17-01 6:06: 27 pm EST EXHIBIT ‘B’ LINE AND CURM: DATA TABULATIONS CURIE Tm NO. m- RAIWS LEUGlH cl MZ'15' &3iaM' 2aa.l' EASEMENT LEWO: 0 1 25’ ACaESS EASEMENT TO QTY CUF CARlsAO PER MAP NO. 12815 REC. MAY 16, 1991 0 2 SEKR EASWENT TO CYTY W CARLSBAD, RECQBED JJLY 1, 1994 AS flLE NO. 1994-iiW9262 W O.R. >PmlNERS PiianningdEngineerin saltDiego.cA.9i131 Pk. (858)495-3344 Fax:(858)695-3117 I?#5 PUT WAS PREPAR0 BY ME O? fN#ER MY OlRECllm MlGUEl A MARTMZ P.LS. 7443 DATE CARB8AD MUNmAL WATER MsrwcT DATE 5-l 7-01 ORAUU f?Yz WATER EASEEM PUT PARlhXRS CNG’G.~ SCALE I' = 60' EMERALD LAKE CORPORATE CENTER I AP.N. 213-130-27 I LOT 102 CT. 85-24 sHm 2w2 I 245WESMT.dwg 5-17-01 6106: 27 pm EST CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the GRANT DEED OF WATERLINE EASEMENT dated May 21,2001, from Emerald Lake Corporate Centre, LLC, a California 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 29,200l Juice Breitenfeld, Deputy City Clerk