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HomeMy WebLinkAboutPIP 06-17; Opus West Corporation; 2007-0760451; Easementf Recorded at the request of Chicago Title 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].) 5653 DGC# 2007-0760451 DEC 07, 2007 1:31 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J .SMITH CO LI N TY R E CO Fl D E R FEES 0.00 OC: 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.: 221-881-03-00 221-881-04-00 Project No. & Name: PIP 06-17 Opus Point Lots 9 and 10 Waterline Easement PR 06-141 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager By: DAVID A. MAUSER, 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 5654 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 ^jfr day of 2$ 20O7 .—p- GRANTOR: _Byj (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. BAkfeSENERAL COUNSEL By: Deputy General Counsel H.'/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 5655 State of California ) County of-San Diogo- ) On 3 before me, ( personally appeared (f. DWd*2^- (Name, Title (W Officer) (Name[s] of Signer[s]) personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are 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 his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal i. OKR CommlMton* 17M4M Notary PuWte - Callfomlo I Orong* County = omm Btply ju 12.2011 t Signature of PQotary (This area for official notary seal) Title or Type of Document (cyffljAJT \ Date of Document £>I23) 01 V^J rf VAitfchyiiflJL -b&XY&A No. of Pages £> Signer(s) other than named above \ \ 5656 MARCH 21, 2007 J.N. 051130 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT P.I.P. 06-17 PR 06-141 A PORTION OF PARCEL 'A' OF ADJUSTMENT PLAT 06-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 07-03 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON \1\ 1 f(Y") , 2007 AS DOC. NO. 2007- Q"7(^Qlf<4£( , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A' ; THENCE, ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 81°09'39" EAST 85.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE, NORTH 81°09'39" EAST 20.00 FEET; THENCE, LEAVING SAID NORTH LINE, SOUTH 08°50'21" EAST 14.92 FEET; THENCE SOUTH 12°54'39" WEST 37.04 FEET; THENCE SOUTH 34°39'39" WEST 32.31 FEET; THENCE SOUTH 45°11'30" WEST 38.32 FEET; THENCE SOUTH 00°33'16" EAST 200.91 FEET; THENCE SOUTH 44°33'33" EAST 9.02 FEET; THENCE SOUTH 89°33'33" EAST 10.89 FEET; THENCE NORTH 00°26'27" EAST 15.00 FEET; THENCE SOUTH 89°33'33" EAST 10.00 FEET; THENCE SOUTH 00°26'27" WEST 15.00 FEET; THENCE SOUTH 89°33'33" EAST 289.92 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL "A"; THENCE, ALONG SAID EAST LINE, SOUTH 00°26'27" WEST 10.50 FEET; THENCE SOUTH 89°33'33" EAST 8.00 FEET; THENCE SOUTH 00°26'27" WEST 14.50 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 89°33'33" WEST 4.86 FEET; THENCE NORTH 00°26'27" EAST 5.00 FEET; THENCE NORTH 89°33'33" WEST 76.44 FEET; THENCE SOUTH 00°26'27" WEST 11.66 FEET; THENCE NORTH 89°33'33" WEST 10.00 FEET; THENCE NORTH 00°26'27" EAST 11.66 FEET; THENCE NORTH 89°33'33" WEST 235.80 FEET; THENCE NORTH 44°33'33" WEST 25.39 FEET; THENCE NORTH 00°33'16" WEST 217.43 FEET; THENCE NORTH 45°11'30" EAST 8.90 FEET; THENCE NORTH 44°48'30" WEST 10.50 FEET; THENCE NORTH 45°11'30" EAST 10.00 FEET; THENCE SOUTH 44°48'30" EAST 10.50 FEET; THENCE NORTH 45°11'30" EAST 26.02 FEET; THENCE NORTH 34°39'39" EAST 26.62 FEET; THENCE NORTH 12°54'39" EAST 29.35 FEET; THENCE NORTH 08°50'21" WEST 11.08 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13,644 S.F. (0.31 AC) O:\Legal_Descriptions\051130\R-WTR.lgl.doc m 7 8 10 11 12 14 17 DELTA/BEARING N N 81W39" E S 08'50'21"E " W W W S OO'JJ'16" E S 89'JJ'JJ" E N S 89'JJ'JJ' S 00'26'27" W W 89'JJ'JJ" RADIUS LENGTH 20.00' 32.31' 38.32' 200.91' 9.02' 10.89' 15.00' 10.00' 289.92' 8.00' CITY OF ENCINIIAS VICINITY MAP SCALE CONSULT A^NTS 2710 Uoker Avenue West Suite 100 Corlsbod. Colifornio 92010760-931-7700 Fox: 760-931-8680 www.odoyconsultants.com Civil Engineering Planning Processing Surveying 56S7 (NO) 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 32 33 DELTA/BEARING N 00"26'27" E N 89'JJ'JJ" W S 00"26'27" W N 89'JJ'JJ" W N 00'26'27" E N 89'JJ'JJ" W N 44'JJ'JJ" W N OO'JJ'16" W N 4511 'JO" E N 44'48'JO" W N 45ir'JO" E S 44'48'JO" E N 4511 'JO" E N J4'J9'J9" E N 12'54'39" E N 08'50'21" W RADIUS LENGTH 5.00' 76.44' 11.66' 10.00' 11.66' 235.80' 25.39' 217.43' 8.90' 10.50' 10.00' 10.50' 26.02' 26.62' 29.35' 11.08' LEGAL DESCRIPTION PORTION OF PARCEL 'A' OF ADJ 06-21 BASIS OF BEARINGS SOUTH LINE OF LOT 10 OF MAP 15013 I.E. N 89'33'45" E EXISTING EASEMENTS ABUTTER'S RIGHT OF ACCESS RELINQUISHED PER MAP No. 15013 SIGHT DISTANCE CORRIDOR PER MAP No. 15013 LEGEND PARCEL BOUNDARY POINT OF BEGINNING TRUE POINT OF BEGINNING WATERLINE EASEMENT AREA P.O.B. T.P.O.B. 0.31 AC. WATERLINE EASEMENT PR 06-141 CARLSBAD MUNICIPAL WATER DISTRICT! REQUESTED BY: OPUS WEST CORP. 4350 LA JOLLA VILLAGE DRIVE. SUITE 110 SAN DIEGO, CA 92121 PHONE: (858) 546-4100 PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/t PROJECT: PIP 06-17 OPUS POINT AT THE RACEWAY PARCEL 'A' SHT. 1 A.P.N.. DATE MARCH 2007 OF 2 SHTS. 221-881-03. 04 EXHIBIT 'B' l:\051130\0530R-WTROl.dwq Mor 21, 2007 Xrels: 05300P-WTR-PCLA : 12pm ©2007 O'Day Consultants, Inc. LOT B MAP 16013 'BASIS OF BEARINGS N89'33'45"E £,/; 90-06 2710 Loksr Av«nua West Suite 100 Corisbod. Coliformo 92010760-931-7700 Fox: 760-931-8680 www.odayconsultants.com Civil Engin Planning Processing Surveying WATERLINE EASEMENT PR 06-141 CARLSBAD MUNICIPAL WATER DISTRICT] REQUESTED BY:OPUS WEST CORP. 4350 LA JOLLA VILLAGE DRIVE,SUITE 110SAN DIEGO, CA 92121PHONE: (858) 546-4100 PREPARED BY: TIMOTHY^Q. CARROLL JR. LS. 7700 EXP. 12/31/08 PROJECT: PIP 06-17 OPUS POINT AT THE RACEWAY PARCEL 'A' SHT. 2 OF 2 SHTS. A.P.N. 221-881-03. 04 DATE MARCH 2007 EXHIBIT 'B' I-\051130\0530R-WTR02.dwg Mor 21, 2007 1:13pm Xrels: 05300P~wrR-PCLA: 0530rmaD ©2007 O'Day Consultants, Inc. 5659 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) 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 Resolution No. 996, adopted on September 9, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 19, 2007 /]/! 0 i /L^JJjQ juTZZ. RRY/FiREISINGEFVTJ)Bp'uty Secretary ( ) vVX*"""/^ ^*