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HomeMy WebLinkAboutPIP 05-08; Opus West Corporation; 2006-0395075; EasementDQC# 2006-0395075 •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].) Fk 19 HIPN r OCMA 6$4«> i mini mi MIII urn mil HIM inn nni nm nm n\\i 11111 1 JUN05, 2006 1:1 8PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J , S M I T H . CO U N T Y R E CO R D E R FEES: 0.00 OC: NA PAGES: 7 I lllili Hill Hill Hill SHU Hill Hill Hill Hill HIM IIIII lilil Will 11111 Mil IillllllllllllllllllillliilllllllW 2006-0395075 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.: 221-880-09-00 Project No. & Name: PIP 05-08 Opus Point Lot 21 PR 05-145 CARLSBAD MUNICIPAL WATER DISTRICT ROBERT J. WOJCIK, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Opus West Corporation, a Minnesota corporation, 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 Hi/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 6246 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 3 day of £WH*f 20 O£. . GRANTOR: Opus WesfCorpofetion, a Minnesota corporation By: /^~~ ' Paul A. MarsffM1 here) Senior Vice President (print name and title of signatory) By: (sign here) (print name and title of signatory) By: (sign here) By: (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. BALL, GENERAL COUNSEL Deputy City Attorney H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 ALL-PURPOSE ACKNOWLEDGMENT 6247 WITNESS my hand and official seal. personally appeared personally known to me HOLLY LA BOUFF Comm. 11362226 OPTIONAL INFORMATION INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. yL NOTARY'S SIGNATURE The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF UMENT NUMBER OF PAGES '?>lou /DATfOF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER APA5/99 VALLEY-SIERRA, 800-362-3369 6248 EXHIBIT "A" PR 05-145 WATER UTILITY EASEMENT A PORTION OF LOT 21 OF MAP NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT 21 SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE, THENCE ALONG THE WESTERLY LINE OF SAID LOT 21 NORTH 16°00'13" EAST A DISTANCE OF 291.73 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 73°59'47" EAST A DISTANCE OF 96.14 FEET; THENCE SOUTH 16°00'13" WEST A DISTANCE OF 29.02 FEET; THENCE NORTH 73°59'47" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 16°00'13" EAST A DISTANCE OF 9.02 FEET; THENCE NORTH 73°59'47" WEST A DISTANCE OF 50.63 FEET; THENCE SOUTH 16°00'13" WEST A DISTANCE OF 9.72 FEET; THENCE NORTH 73°59'47" WEST A DISTANCE OF 5.51 FEET; THENCE SOUTH 16°00'13" WEST A DISTANCE OF 212.33 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 47.08 FEET TO THE SOUTHERLY LINE OF SAID LOT 21 AND NORTHERLY LINE OF SAID RIGHT OF WAY; THENCE ALONG SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF WAY NORTH 80°31'53" WEST A DISTANCE OF 25.52 FEET TO THE POINT OF BEGINNING. CONTAINING 0.18 ACRES MORE OR LESS. PATRICK/N . 0 ' DAW/ RCE 27Z14 EXP. 3731/07 MARCH 8, 2006 JOB NO.: 051130-04 Page 1 of 1 O:\Legal_Descriptions\051130\LOT 21 WTR ESMT.doc EXHIBIT 'B 6249 PROPOSED EASEMENT DATA fyo) 1I 3 4 5 6 7 8 9 10 11 DELTA/BEARING N ieoo'13" £ S 73*59'47" E S ffOO'M" W N 73>59'47" W N 1&W13* E N 73t59'47" W S 1VOQ'13* W N 73: 59 '47" Ws froo'fj" w S 09>28'07" W N 8(T31'53" W RADIUS — _^^_ LENGTH 291.73' 96.14' 29.02' 20.00' 9.02' 50.63' 9.72' 5.51' 212.33' 47.08' 25.52' EASEMENT AREA: 7,515 SF = 0.18 AC VICINITY MAP NO SCALE 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 /60-931-7700 Fax: 760-931-8680 LEGAL DESCRIPTION LOT 21, CT 98-10, PER MAP NO. 15013 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTHERL Y LINE OF PARCEL MAP No. 15250, I.E. N 89'45'58" W. EXISTING EASEMENTS 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOTS 18 A 19 PER MAP NO. 15013 F/N 2005-0371022 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOTS 18 - 20 PER MAP NO. 15013 F/N 2005-0371022 CITY OF CARLSBAD 20' WIDE PUBLIC STORM DRAIN EASEMENT PER MAP NO. 15013 F/N 2005-0371022 PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT 'B' DATE: FEB. 2006 SHEET 1 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 PR O'DAY' LS. 27214, EXP. 3/31/07 PIP 05-08 A.P.N. 221-880-09 P.R. 05-145 l:\051130\0530PD01.dwg Mar 08, 2006 2:19pm 6250 EXHIBT 'B BOUNDARY EXISTING EASEMENT UTILITY EASEMENT AREA 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT DATE: FEB. 2006 SHEET 2 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 PREI PATRICK N. LS. 27214, OWTI EXP. 3/31/07 PIP 05-08 A.P.N. 221-880-09 P.P. 05-145 l:\051130\0530PD01.dwq Mar 08, 2006 2:19pm 6251 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated April 3. 2006. 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 19. 2006 RONNA STICKROD, Deputy . '