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HomeMy WebLinkAboutCUP 91-03C; Palomar Airport Partners LLC; 2025-0279226: Easement10/7/25, 1:09 PM RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad VIiiage 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].) 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. Batch 19965403 Confirmation DOC# 2025-0279226 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Oct 07, 2025 12:12 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 213-092-17-00 Project ID: CUP 91-03C Related Project ID: _G-'-R_20"'""2-'3--0"""0;_;;0.;c2 ____ _ Related Project ID: _________ _ Project Name: BP/ARCO FACILITY 5792 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Palomar Airport Partners, LLC., a California limited liability company, 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, a public water easement. Purpose: the public water 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 reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Granter herein agrees that no buildings Q:\Publlc Works\Ulllllles\_ENG DIVIPLAN CHECl(s\_Projecl Backups· Relerenca Malarlei\Palomer Airport Rd 1991\Easamanl\Sub 211991 PAR Granl Deed of Easemenl CMWD draft.doc REV 02/18/21 1 https://gs.secure-erds.com/Batch/Confirmation/19965403 1/2 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". Exhibit "B" is attached for clarity only. Q:\Public Works\Utililies\_ENG DIV\PLAN CHECKs\_Project Backups -Reference Material\Palomar Airport Rd 1991\Easement\Sub 2\1991 PAR Grant Deed of Easement CMWD draft.doc REV 02/18/21 2 SEE ATTACHED CALIFORMIA .Cl<I\JOVVLEDGME NT Executed by the Grantor this j_J{__ day of S,:_f'.f<.hb,.._r 202:f". GRANTOR: .. By: (sign here) s·a.vt.,t ~v -S ci k i1/\ (print name and title of signatory) B (sign here) (print name and title of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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.) Q:\Public Works\Utilities\_ENG DIV\PLAN CHECKs\_Project Backups -Reference Material\Palomar Airport Rd 1991\Easement\Sub 2\1991 PAR Grant Deed of Easement CMWD draft.doc REV 02/18/21 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO on 09/l 8:: (cl{)~'5 before me MICHELLE BONNET, NOTARY PUBLIC '-------------------(insert name and title of the officer) personally appeared SOtY') -, C & le VV1 I who proved to me on the basis of satisfactory evidence to be the person-'8-) whose nam$) is/are subscribed to the within instrument and acknowledged to me that he/~e/triey executed the same in his~erAtfeir authorized capacity(i~s), and that by his/ber/tl:leir signature(-s) on the instrument the person'8f, or the entity upon behalf of which the personts)' acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ___ fll8 ____ ~~---~· __ _ (Seal) MICHELLE BONNET I COMM. #2390320 NOTARY PUBLIC-CALIFORNIA :J . SAN DIEGO COUNTY ~ My Commission Expires W JANUARY 11, 2026 ( EXHIBIT "A" LEGAL DESCRIPTION PR 2025-0008 CUP 91-03 (C) A Portion Of Lot 17 of Carlsbad Tract 73-49, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 8418, filed in the Office of the County Recorder of San Diego County on November 19, 1976, Being more particularly described as follows: Commencing at the most southeasterly corner of said Lot 1 7, said corner also being the beginning of a 322.89-foot curve concave to the northeast having a radius of 881.00 feet, with a radial bearing of N 32°04'25" E; Thence northeasterly 322.89 feet along said curve through a central angle of 20°59'56" to the True Point of Beginning; Thence continuing northeasterly 5.00 feet along a curve concave to the northeast, having a radius of 881.00 feet and a radial bearing of N 53°04'21" E, through a central angle of 0°19'31"; Thence S 53°14'06" W, 5.00 feet; Thence S 36°45'54" E, 5.00 feet; Thence N 53°14'06" E, 5.00 feet to the True Point of Beginning. Containing 24.99 square feet, more or less. APN 213-092-17-00 9/18 /202...5 • FRED THOMAS PLS 9894 DATE LEGAL DESCRIPTION EXHIBIT "B" PLAN ID: CUP 91-0J(C) PR2025--0008 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 17 OF CARLSBAD TRACT 73-49, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 8418, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 19, 1976. APN: 213-092-17-00 BASIS OF BEARINGS THE BASIS OF BEARINGS HELD IS THE SOUTHWESTERLY BOUNDARY LINE OF LOT 17 PER MAP 8148 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. RECORDED NOV. 19, 1976 IN SAID COUNTY O.R. IE: NORTH 57'55'35" WEST LEGEND -BOUNDARY LEGAL -CENTERLINE -RADIAL LINE VZZZZd -EASEMENT LAND SURVEYOR FRED J. THOMAS, P.L.S. 9894 CITY OF OCEANSIDE PACIFIC OCEAN VICINITY APPLICANT EASEMENT PLAT -CITY OF CARLSBAD PREPARED BY: PROJECT NAME: FRED J. THOMAS 7 /15/25 NAME DATE BP /ARCO FACILITY 5792 MAP DATE: SHEET 1 OF 2 SHEETS A.P.N. 213-092-17-00 :a,: ~ w "l ~ MAP 8418 LOT 17 APN: 213-092-17-00 D=86'2J'1J" L=Jl.69' R=25.DD' s 26·50•00· E 166.46' EXHIBIT "B" PLAN ID: CUP 91-0J(C) PR2025--0008 o' SHEET 2 OF 2 100' 200' I ___ ,--~, APPLICANT SCALE: 77:f~ 7 FRED J. THOMAS, P.L.S. 9894 EASEMENT PLAT -CITY OF CARLSBAD PREPARED BY: PROJECT NAME: FRED J. THOMAS 7 /15/25 NAME DATE BP/ ARCO FACILITY 5792 1 " 1 00' DATE: SHEET 2 OF 2 SHEETS A.P.N. 213-092-17-00 CERTIFICATION FOR ACCEPTANCE OF DEED OF PUBLIC WATER EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated September 18, 2025, from the Palomar Airport Partners, LLC., a California limited liability 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 Executive Manager 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: _\U_\_01__._I 1()~1h __ it'~ ~tt4t' LIANA SOMEPALLI, Deputy Secretary (Seal}