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HomeMy WebLinkAboutSDP 06-03; H G Fenton Property Company; 2007-0536757; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 13135 DOC# 2007-0536757 AUG 10,2007 4:37 PM CFFICIALRECriRDS SAN DIEGO COUNTY'RECORDER'S fiFFHT GREGORY,.! SMI I H, COUNTY RECORDERFEES: nrin OC. NA PAUSES: a — .-.r. H,., „„, nli| mm HIM Hill 2007-0536757SPACE ABOVt I ma LINE r\jt\ rvt 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 Assessor's Parcel No.: Project No. & Name: 212-021-01 SDP 06-03 Fenton Carlsbad Research Qc*/-PR 06-138 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, H. G. Fenton Property Company, a California Corporation hereby GRANTS 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 the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public potable waterline purposes over, under, upon and across said real property. Easement rights include, but are not limited to, the construction, maintenance, operation, repair, reconstruction, and inspection of public potable waterline facilities including all appurtenances thereto. The boundaries of said easement is more specifically described in Exhibit "A" consisting of 2 pages, attached hereto and made a part hereof. Exhibit "B" consisting of 3 pages is attached for clarity only. DATED taoc>1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, H. G. Fenton Property Company, a California Corporation By: H. G. Fenton Company, Authorized Agent By: Name: ( /(Signature) Michael P. Neal (here insert name and title oHhe officer), personally appeared / (Type or Print) (Signature) Robert Gottlieb personally known to mpr(or proved to me on the basis of satisfactory evidencpjto be the person(s) whose name(s) is/are subscribedlio the within instrument and acknowledged to me that he/s^re/they executed the same in his/her/their authorized Mfpacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whicjinhe person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: H:\Development Services\PROJECTS\SDP FILES\SDP 06-03 Fenton Carlsbad Research Center - Jimeno\Deeds-Easement\Waterline Easement, PR 06-138, Riddle.doc 6/2/00 Title: By: Name: Title: (Type or Print) President and CEO (Type or Print) Chief Financial Officer (Type or Print) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On July 18. 2007 before me, ) ss Clare Chavez. Notary Public personally appeared Michael P. Neal and Robert Gottlieb personally known to me (or proved to mo on the basis of ootiofactory evidence) to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bis/her/their authorized capacity(ies), and that by-his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLARE CHAVEZ Commission #1466393 Notary, Public r California San Diego County My Comm. Expires Jon 29.2008 Signature of Notary Public (SEAL) OPTIONAL Though the data 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: Date of Document: Number of Pages: Signer(s) Other than Named Above: CAPACITY(IES) CLAIMED BY SIGNER: Signer's Name: D Individual D Corporate Officer: Title(s): D Partner: - D Limited D Individual D Attorney-in-Fact D Trustee CD Guardian or Conservator D Other: Signer is Representing: Signer's Name: CH Individual D Corporate Officer: Title(s): D Partner: - D Limited EH Attorney-in-Fact D Trustee D Guardian or Conservator D Other: D Individual Signer is Representing: EXHIBIT 'A' LEGAL DESCRIPTION WATER MAIN EASEMENT PR 06-138 A PORTION OF LOT 1, MAP 15253, CARLSBAD TRACT NO. 00-02, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY JANUARY 30, 2006, AS FILE NO. 2006-0067903, DESCRIBED AS FOLLOWS: PARCEL A: BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP NO. 15253 OF CARLSBAD TRACT NO. 00-02, SAID POINT ALSO BEING A POINT ON THE WEST SIDELINE OF SALK AVENUE; THENCE ALONG SAID SIDELINE NORTH 00° 1739" EAST, 44.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SIDELINE, NORTH 89°42'21" WEST, 30.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE CONTINUING NORTH 89°42'21" WEST, 43.38 FEET TO THE BEGINNING OF A TANGENT 210.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°57'54" A DISTANCE OF 241.75 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°56'14" A DISTANCE OF 69.41 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE NORTH 04°48'33" WEST, 190.58 FEET; THENCE NORTH 49°48'33" WEST, 43.96 FEET; THENCE SOUTH 73°41'27" WEST, 33.22 FEET TO THE BEGINNING OF A TANGENT 276.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°25'41" A DISTANCE OF 329.63 FEET; THENCE SOUTH 05° 15'46" WEST, 9.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE SOUTH 84°44'14" EAST, 72.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'E'; THENCE CONTINUING SOUTH 84°44'14" EAST, 225.54 FEET TO THE ABOVE REFERENCED POINT 'B', SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN AT SAID SIDELINE OF SALK AVENUE AND SHALL END ON THE WESTERLY SIDELINE OF THE HEREIN DESCRIBED EASEMENT, BEING 10.00 FEET WESTERLY FROM AND CONCENTRIC WITH THE ABOVE DESCRIBED CENTERLINE. TOGETHER WITH STRIPS OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: Page 1 of2 13138 BEGINNING AT THE ABOVE REFERENCED POINT 'A'; THENCE NORTH 00°17'39" EAST, 17.00 FEET TO THE POINT OF TERMINUS. BEGINNING AT THE ABOVE REFERENCED POINT 'C'; THENCE NORTH 85°11'27" EAST, 20.00 FEET TO THE POINT OF TERMINUS. BEGINNING AT THE ABOVE REFERENCED POINT 'D'; THENCE NORTH 84°44'14" WEST, 5.97 FEET; THENCE SOUTH 05°15'46" WEST, 20.00 FEET TO THE POINT OF TERMINUS. BEGINNING AT THE ABOVE REFERENCED POINT 'E'; THENCE NORTH 05°15'46" EAST, 16.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL TERMINATE AT A LINE PERPENDICULAR TO SAID.CENTERLINES AT SAID POINTS OF TERMINUS. CONTAINING AN AREA OF 0.604 ACRES MORE OR LESS. SEE PLAT ATTACHED HERETO MARKED EXHIBIT 'B' AND BY THIS REFERENCE THERETO MADE A PART HEREOF. DALE KEITH BREWER EXPIRATION DATE: 09-30-07 LS 5653 Page 2 of2 13139 OWNER: FEW TOW CARLSBAD RESEARCH CENTER, LLC A CALIFORNIA LIMITED LIABILITY COMPANY MANAGER: H.G. FENTON COMPANY, A CALIFORNIA CORPORATION 7577 MISSION VALLEY ROAD SAN DIEGO, CA. 92108 619-400-0120 R/W LEGAL DESCRIPTION: LOT 1 OF MAP 15253 PER FILE NO. 2006-0067903 RECORDED IN THE COUNTY OF SAN DIEGO JANUARY 30, 2006, O.R. SITE CITY OF VISTA LIONSHEAD A\ DETAIL 'A' N.T.S. CITY OF SAN MARCOS PACIFIC OCEAN VICINITY MAP NOT TO SCALE 6/07/07 DALE K. BREWER EXP. 9/30/07 WATER MAIN EASEMENT PLAT-CITY OF CARLSBAD LS. 5653 EXHIBIT 'B' SHEET 1 OF 3 PR 06-138 PREPARED BY: CHERRY ENGINEERING 12721 POWA Y ROAD POWAY. CA 92064 858.679.J4W APPLICANT: H.G. FENTON COMPANY 7577 MISSION VALLEY ROAD SAN DIEGO, CA 92018 619.400.0120 A.P.N.: 212-021-01 13140 LEGEND EASEMENT PROJECT BOUNDARY CURVE DATA TABLE DATA TABLE BEARING NOO-17'39"E N89'42'21"W N89'42'21"W N49'48'33"W S73'41'27"W S05'15'46"W S84'44'14"E NOO'17'39"E N85'11 '27"E N84'44'14"W 505''15"46'"W N05'15'46"E RAD/US 210.00' 210.00' 276.00' DELTA A=65'57'34 = 18'56'14 A =68'25'41 EXIST. 20' WIDE COVENANT FOR STORM DRAIN AND SEWER PURPOSES REC. 1/30/06, DOC. NO. 2006-0067908, O.R. SEE DETAIL 'A' SHEET 1 TRUE POINT OF BEGINNINGBASIS OF BEARINGS THE BASIS OF BEARINGS IS THE CENTERLINE OF SALK AVENUE ADJACENT TO LOT 1 AS SHOWN ON MAP NO. 15253, I.E. NORTH 00'17'39" EAST. POINT OF BEGINNING 1" = 100' 100 200 DALE K. BREWER EXP. 9/30/07 L.S. 5653 WATER MAIN EASEMENT PLAT-CITY OF CARLSBAD EXHIBIT 'B' SHEET 2 OF 3 PR 06-138 PREPARED BY: CHERRY ENGINEERING 12721 POWA Y ROAD POWAY, CA 92064 858.679.J4W APPLICANT: H.G. FEN TON COMPANY 7577 MISS/ON VALLEY ROAD SAN DIEGO, CA 92018 619.400.0120 A.P.N.: 212-02-01 f> EX. CURB &IGUTTER EXIST. 2:1 FILL SLOPE EX. CURB & GUTTER AND SIDEWALK ^' WIDE WATER LINE ESM'T. (SEE SHT. 2) EX. 6" P.V.C. RECLAIMED WATER EX. 24" R.C.P. STORM DRAIN EX.8"P.C. SEWER 6/07/07 0 SCALE: 1" = 50' 50 100 DALE K. BREWER EXP. 9/30/07 LS. 5653 WATER MAIN EASEMENT PLAT-CITY OF CARLSBAD EXHIBIT 'B1 SHEET 3 OF 3 PR 06-138 PREPARED BY: CHERRY ENGINEERING 12721 POWA Y ROAD POWAY, CA 92064 858.679.3410 APPLICANT: H.G. FEN TON COMPANY 7577 MISSION VALLEY ROAD SAN DIEGO, CA 92018 619.400.0120 A.P.N.: 212-02-01 13142 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated July 18. 2007. from H. G. Fenton Property 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 7. 2007