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HomeMy WebLinkAboutPIP 05-16; Opus West Corporation; 2006-0498063; EasementDQC# 2006-0498063 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1 200 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].) JUL14, 2006 2:28 PM OFFICIAL RECORDS SAN D I E G 0 CO U N T Y R E CO R D E R 'S 0 FFI CE ^^ ' GREGORY J. SMITH, COUNTY RECORDER11224 «* ™ PAGES: 9 1 Illlll Illll Illll Illll Illll Hill Illll Hill Hill Illll Hill Illll Illll Illll Illl Illl1 Illlll Illll Illll Illll Illll Illll Illll Hill Illll Illll Illll Illll Illll Illll Illl Illl ft 20<*-0498063 M //T ft tJ ^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.: 221-880-13-00 Project No. & Name: PIP 05-16 Opus Point Lot 25, PR 05-104 CARLSBAD MUNICIPAL WATER DISTRICT ROBERT J. yfOJCIK, p§puty City Engineer GRANT DEED OF WATER LINE EASEMENT OPUS WEST CORPORATION, a Minnesota Corporation, 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 11225 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 s day of /V4S 2Q&Y GRANTOR: ^ ^ Opus Westjgorporapdn, a Minnesota Corporation By: Paul A. Marsh&Pn nere) Senior Vice President (print name and title of signatory) By: (sign here) (print name and title of signatory) By: (sign here) _Byj (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 By: Deputy City Attorney H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 11226 State of California County of-Con Diego On '(Dfite) personally appeared before me, (Name, Title of Officer) (Name[s] of Signers]) _, e'personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the personfs) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/Jw/theif authorized capacity(ies>, and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal WENDY J. BROWN CommJuton * 1564472 Notary Pubte - Cowomta Orange County MyComm. Expires Mar2*. 2009 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Paqes June 2, 2006 11227 J-N. 051130-3 PAGE 1 OF 2 PR 05-104 EXHIBIT "A' LEGAL DESCRIPTION A PORTION OF LOT 25 OF CARLSBAD TRACT NO. 98-10, CARLSBAD RACEWAY, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS DOCUMENT 2005-0371022 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25, SAID CORNER BEING ON A 1937-FOOT RADIUS CURVE CONCAVE TO THE WEST, THE RADIAL LINE TO SAID CORNER BEARS SOUTH 85°20'56" EAST; THENCE, ALONG THE EAST LINE OF SAID LOT 25, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°36'50" A DISTANCE OF 223.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°35'30" A DISTANCE OF 20.00 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 78°27'30" WEST 106.61 FEET; THENCE NORTH 89°42'30" WEST 60.64 FEET; THENCE SOUTH 00°17'30" WEST 16.59 FEET; THENCE SOUTH 65°20'07" WEST 8.45 FEET; THENCE SOUTH 24°39'53" EAST 156.62 FEET TO POINT XA' ; THENCE SOUTH 20°20'07" WEST 96.11 FEET; THENCE SOUTH 65°20'07" WEST 16.28 FEET; THENCE SOUTH 24°39'53" EAST 30.49 FEET; THENCE SOUTH 65°20'07" WEST 10.00 FEET; THENCE NORTH 24°39'53" WEST 30.49 FEET; THENCE SOUTH 65°20'07" WEST 23.77 FEET; THENCE SOUTH 24°39'53" EAST 5.00 FEET; THENCE SOUTH 65°20'07" WEST 10.00 FEET; THENCE NORTH 24°39'53" WEST 5.00 FEET; THENCE SOUTH 65°20'07" WEST 89.19 FEET; THENCE NORTH 24°39'53" WEST 55.00 FEET; THENCE SOUTH 65°20'07" WEST 9.50 FEET; THENCE NORTH 24°39'53" WEST 10.00 FEET; THENCE NORTH 65°20'07" EAST 9.50 FEET; THENCE NORTH 24°39'53" WEST 262.70 FEET; THENCE NORTH 80°54'53" WEST 12.29 FEET; THENCE NORTH 09°05'07" EAST 15.00 FEET; THENCE SOUTH 80°54'53" EAST 7.83 FEET; THENCE NORTH 09°05'07" EAST 87.56 FEET; THENCE NORTH 00°00'00" EAST 219.66 FEET; THENCE SOUTH 90°00'00" EAST 42.60 FEET; THENCE SOUTH 83°00'37" EAST 105.90 FEET; THENCE SOUTH 71°45'37" EAST 54.76 FEET; THENCE NORTH 18°14'23" EAST 12.13 FEET; THENCE SOUTH 71°45'37" EAST 10.00 FEET; THENCE SOUTH 18°14'23" WEST 12.13 • June 2, 2006 ±±228 J.N. 051130-3 PAGE 2 OF 2 FEET; THENCE SOUTH 71°45'37" EAST 37.89 FEET; THENCE SOUTH 18°14'23" WEST 38.21 FEET; THENCE SOUTH 06°59'23" WEST 157.84 FEET; THENCE SOUTH 04°15'37" EAST 47.29 FEET; THENCE NORTH 85°44'23" EAST 8.06 FEET; THENCE SOUTH 89°42'30" EAST 73.52 FEET; THENCE SOUTH 78°27'30" EAST 108.58 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE PARCEL DESCRIBED AS FOLLOWS: PARCEL 'B' BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL XA' ; THENCE SOUTH 87°50'07" WEST 21.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 20°20'07" WEST 79.54 FEET; THENCE SOUTH 65°20'07" WEST 120.96 FEET; THENCE NORTH 24°39'53" WEST 309.67 FEET; THENCE NORTH 09°05'07" EAST 91.40 FEET; THENCE NORTH 00°00'00" EAST 171.08 FEET; THENCE SOUTH 90°00'00" EAST 9.82 FEET; THENCE NORTH 00°00'00" EAST 10.00 FEET; THENCE NORTH 90°00'00" WEST 9.82 FEET; THENCE NORTH 00°00'00" EAST 20.17 FEET; THENCE SOUTH 90°00'00" EAST 21.38 FEET; THENCE SOUTH 83°00'37" EAST 102.71 FEET; THENCE SOUTH 71°45'37" EAST 80.68 FEET; THENCE SOUTH 18°14'23" WEST 20.18 FEET; THENCE SOUTH 06°59'23" WEST 161.78 FEET; THENCE SOUTH 04°15'37" EAST 58.60 FEET; THENCE SOUTH 85°44'23" WEST 9.81 FEET; THENCE SOUTH 04°15'37" EAST 10.00 FEET; THENCE NORTH 85°44'23" EAST 8.79 FEET; THENCE SOUTH 24°39'53" EAST 178.13 FEET TO THE TRUE POINT OF BEGINNING. AREA = 35,138 S.F. (0.81 AC) O:\Legal_Descriptions\051130\Lot 25.1gl.doc 11229 IUSINESS PARK DR. MOFK OCEAN CRY OF ENCWITAS VICINITY MAP NO SCALE LEGAL DESCRIPTION PORTION OF LOT 25, C.T. 98-10, MAP 15013 BASIS OP BEARINGS WEST LINE OF LOT 25 OF MAP 15013 I.E. N02'37'50*W EXISTING EASEMENTS [A] AERIAL & UNDERGROUND UTILITY EASEMENT TO SDG&E REC. AUGUST 2, 1989 AS F/N 89-409482 \B\ 12' WIDE PUBLIC TRAIL EASEMENT PER MAP 15013 LEGEND EXISTING BOUNDARY EXISTING EASEMENT WATERUNE EASEMENT AREA POINT OF BEGINNING P.O.B. TRUE POINT OF BEGINNING T.P.O.B. CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying EXHIBIT 'B' WATERLINE EASEMENT CARLSBAD MUNICIPALWATER DISTRICT SHEET 1 OF 5 SHEETS REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 PREPAREDJBY: TIMOTHY 0. CARRdLL, 'JR. ' LS. 7700, EXP. 12/31/06 AP M. 221-880-13 PR 05-104 DATE APRIL 17, 2006 Xrefs: 0530GMAP © 2006 O'Day Consultants, Inc. LOT 26 \ 11230 PARCEL V- LOT 25 MAP 16013 PARCEL A ^PARCEL V CONSULT A^N T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fox: 760-931-8680 Civil Engineering Planning Processing Surveying EXHIBIT 'B' WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT SHEET 2 OF 3 SHEETS REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 PREPAR TIMOTHY OTttRROLL, JR. LS. 7700, EXP. 12/31/06 A P N 221-880-1J PR 05-104 DATE APRIL 17. 2006 i: \UD[l_U\UDjU^U4.d«g Apr I/, zuuc J: Hprr Xrefs. 0530gmap ©2006 O'Day Consultants, Inc. 11231 (NO) ; 2 3 4 5 6 7 8 9 W 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DELTA/BEARING 4=0035'JO" N 78'27'30" W N 89'42'30" W N 0017'30" E N 65'20'07" E N 24'39'53>> W N 20-20'07" E N 65'20'07" E N 24'39'53" W N 65'20'07" E N 24'39'53" W N 6520'07" E N 24'39'53" E N 65'20'07" E N 24'39'53" W N 65'20'07" E N 24'39'53" W N 65'20'07" E N 24'39'53" E N 65'20'07" E N 24'39'53" W N 80'54'53" W N 09'05'07° E N 80'54'53" W N 09'05'07" E N OOW'OO" E N 90VOW W N 83W37" W N 7r45'37>> W N 1814'23" E O*&**?^ CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 >VN T S Civil Engineering Planning Processing Surveying REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 " IRVINE, CA. 92614 PHONE: (949) 622-1950 RADIUS 1937.00' LENGTH 20.00' 106.61' 60.64' 16.59' 8.45' 156.62' 96.11' 16.28' 30.49' 10.00' 30.49' 23.77' 5.00' 10.00' 5.00' 89.19' 55.00' 9.50' 10.00' 9.50' 262.70' 12.29' 15.00' 7.83' 87.56' 219.66' 42.60' 105.90' 54.76' 38.21' (NO) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 DELTA/BEARING N 06'59'23" E N 0415'37" W N 85'44'23" E N 89'42'30" W N 78'27'30" W N 87'50'07>> E N 20'20'07>> E N 65'20'07" E N 24'39'53" W N 09'05'07" E N OOW'OO" E N 90VOW E N OOW'OO" E N 90'OOW W N OOW'OO" E N 90'OOW W N 83W37" W N 7r45'37n W N 1814'23" E N 71'45'37" W N 1814'23" E N 7r45'37" W N 1814'23" E N 06'59'23" E N 0415'37" E N 85'44'23" E N 0415'37" E N 85'44'23" E N 24'39'53" W EXHIBIT 'B' WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT PREPAgee-^BY: TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 RADIUS LENGTH 157.84' 47.29' 8.06' 73.52' 108.58' 21.65' 79.54' 120.96' 309.67' 91.40' 171.08' 9.82' 10.00' 9.82' 20.17' 21.38' 102.71' 80.68' 12. 13' 10.00' 12.13' 37.89' 20.18' 161.78' 58.60' 9.81' 10.00' 8.79' 178.13' X^LANO^SS<*S>^~-r~~*S(A /<$'/&• ' *o}\ fei \1 p 5 I I NO. 7700 V* \ EXP- 12/31/06 VT^*-^— "^ SHEET 3 OF 3 SHEETS APN 221-880-13 PR 05-104 DATE APRIL 17. 2006 12006 O'Day Consultants, Inc. 11232 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated May 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: June 30. 2006