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HomeMy WebLinkAboutPIP 06-15; Opus West Corporation; 2007-0649951; EasementRECORDED AT THE REQUEST OF CHICAGO TITLE CO. RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 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].) DOC# 2007-0649951 OCT OS, 2007 3:03 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY..!. SMITH. COUNTY RECORDER FEES: 000 DC: NA PAGES: 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.: 221-881-01-00 Project No. & Name: PIP 06-15 Opus Point Lot 7 Waterline Easement PR 06-136 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager DAVID A. HAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Opus West Corporation, a Minnesota Corporation, Grantor(s), 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 4847 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 21 day of 4%fr~i 20 07 . S GRANTOR: By: (sign here) (print name and title of signatory) By: _ / (print name and 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 General H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 State of California County of Orange On (Date) Personally appeared before me, (Name, Title of Officer T ^\3Jr~.srv^\ \ (Name[sJ , 1*3 personally known to me — OR- D (or proved to me on the basis of satisfactory evidence) to be the personOQ whose name($) is/ase. subscribed to the within instrument and acknowledged to me that he/she/they - executed the same in his/her/their authorized capacity(res), and that by his/hef/their signature(s) on the instrument the person(s), or entity upon behalf of which s the person(S) acted, executed the instrument. WITNESS my hand and official seal DONALOBER I Commission # 1431256 I Notary PubBc - California | Orange County f My Comm. Expires Jut 18.2007^ Signature of Notary 4848 Title or Tvpe of document Date of Document Sienerf s) other than named above No. of Pages APRIL 9, 2007 J.N. 051130-3 PAGE 1 OF 1 EXHIBIT "A'4849 LEGAL DESCRIPTION WATER LINE EASEMENT P.I.P. 06-15 PR 06-136 A PORTION OF LOT 7 OF CARLSBAD TRACT NO. 98-10, 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: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7, A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF LIONSHEAD AVENUE; THENCE, ALONG THE NORTH LINE OF SAID LOT 7 AND SAID SOUTHERLY LINE OF LIONSHEAD AVENUE, SOUTH 81°09'39" WEST 5.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTH LINE AND SAID RIGHT-OF-WAY, SOUTH 08°50'21" EAST 35.25 FEET TO THE EAST LINE OF SAID LOT 7; THENCE, ALONG SAID EAST LINE, SOUTH 00°33'16" EAST 40.81 FEET; THENCE, LEAVING SAID EAST LINE, SOUTH 44°26'44" WEST 36.54 FEET; THENCE SOUTH 45°33'16" EAST 11.94 FEET; THENCE SOUTH 44°26'44" WEST 10.00 FEET; THENCE NORTH 45°33'16" WEST 11.37 FEET; THENCE SOUTH 00°33'16" EAST 90.97 FEET; THENCE NORTH 89°26'44" EAST 5.51 FEET; THENCE SOUTH 00°33'16" EAST 20.00 FEET; THENCE SOUTH 89°26'44" WEST 25.51 FEET; THENCE NORTH 00°33'16" WEST 89.43 FEET; THENCE SOUTH 89°26'44" WEST 20.99 FEET; THENCE NORTH 00°33'16" WEST 10.00 FEET; THENCE NORTH 89°26'44" EAST 20.99 FEET; THENCE NORTH 00°33'16" WEST 20.62 FEET; THENCE NORTH 44°26'44" EAST 45.97 FEET; THENCE NORTH 00°33'16" WEST 31.08 FEET; THENCE NORTH 08°50'21" WEST 33.80 FEET TO SAID NORTH LINE OF SAID LOT 7 AND SAID SOUTHERLY LINE OF LIONSHEAD AVENUE; THENCE, ALONG SAID NORTH LINE AND SAID SOUTHERLY LINE, NORTH 81°09'39" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 5,086 S.F. (0.12 AC) O:\Legal_Descriptions\051130\Lot_7.1gl.doc CUT OF OCCANSffiC :SITE PACIFIC OCEAN CITY OF ENCMTAS VICINITY MAP NO SCALE ^ LANO 0> iV^-R-!^^ 2710 Lok.r Annm «••( Suite 100CorHOod. Cofltomlo 920107W-931-7700Fo»: 750-931-8680 www.odoyconButtunta.coni Plonnlno.Procoulng 4850 w / 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 DELTA/BEARING S 81W39" W 508-50'21'E S 00'33'16' E S 44I26'44" W S 45'33'16' E S 44'26'44" W N 45'33'16" W S 00'33'16" E N 89-26'44" E S 00'33'16" E S 89^6'44" W N 00'33'16' W S 89'26'44" W N 00'33'16" W N 89W44* E N 00'33'W W ^ 44'26'44" E N 00'33'W W N OS'50'2t" W N 81W39" E RADIUS LENGTH 5.13' 35.25' 40.81' 36.54' 11.94' 10.00' 11.37' 90.97' 5.51' 20.00' 25.51' 89.43' 20.99' 10.00' 20.99' 20.62' 45.97' 31.08' 33.80' 20.00' LEGAL DESCRIPTION PORTION OF LOT 7, OF MAP No. 15013. BASIS OF BEARINGS NORTHERLY LINE OF LOT 7, OF MAP No. 15013. I.E. N 8fW'J9" E EXISTING EASEMENTS Q] ABUTTER'S RIGHT OF ACCESS RELINQUISHED PER MAP No. 15013 [7] SIGHT DISTANCE CORRIDOR PER MAP No. 15013 40' WIDE x 100' LONG RECIPROCAL ACCESS EASEMENT TO LOT 8 OF MAP 15013 PER DOC. NO. 2007-0120802 WATERLINE EASEMENT PR 06-136 CARLSBAD MUNICIPAL WATER DISTRICT REQUESTED BY:OPUS WEST CORP. 4350 LA JOLLA VILLAGE DRIVE, SUITE 110SAN DIEGO, CA 92121PHONE: (858) 546-4100 PREPARED BY: IMOTHY 0^£ARROLL JR. LS. 7700 EXP. 12/31/08 PROJECT: OPUS POINT AT THE RACEWAY LOT 7 SHT. 1 OF 2 SHTS A.P.N. 221-881-01 DATE JANUARY 2007 EXHIBIT 'B' ~I: \0511JO\05JOMP-WTR-01.dwa Mar 09. 2007 3:43pm Xrefs: 0530NUAP; 05JOVIC; 05JOP/UAP ©2007 O'Doy Consultants, Inc. 4851 SCALE: 1" = 40' ©-KS LOT 7 <® MAP 15013 QLOT 8 MAP 15013 SEE SHT. 1 FOR EASEMENT DESCRIPTIONS 2710 Lokv /Wiu. Suilt 100CoitaM. CoHomlo 920107M-931-7700 Fa,. 7«0-9Jl-0»eO •ww.odaycon«ultan4l.com Civil Enginxring Ptanninq Proerafing Sorv^lng LEGEND PARCEL BOUNDARY POINT OF BEGINNING TRUE POINT OF BEGINNING WATERLINEEASEMENT AREA P.O.B. T.P.O.B. AREA = 5,086 S.F. (0.12 AC) WATERLINE EASEMENT PR 06-136 CARLSBAD MUNICIPAL WATER DISTRICT REQUESTED BY:OPUS WEST CORP.4350 LA JOLLA VILLAGE DRIVE,SUITE 110SAN DIEGO. Of 92121(858) 546-4100 PREPARED BY: JJMOJHY 0. CARROLL JR. LS. 7700 B&'12/31/08 PROJECT: OPUS POINT AT THE RACEWAY LOT 7 SHT. 2 OF 2 SHTS A.P.N. 221-881-01 DATE JANUARY 2007 EXHIBIT 'B' I: \0511JO\0530NP-W7R-01.dm Mar 09, 2007 J:48pmXrefs: 05JONUAP; 0530UC; 05JOPUAP "©2007 O'Day Consultants, Inc. 4852 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated May 23. 2007. 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: July 12. 2007 RONNA STICKROD, Deputy Secretary