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HomeMy WebLinkAboutCUP 2025-0004; Muirlands Investments LLC; 2026-0200787: EasementRECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 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].) The undersigned grantor(s) declare(s): Documentary transfer tax is$ 00.0 ( ) 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. DOC# 2026-0200787 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Jul 14, 2026 12:25 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. _2_1_3_-_06_1_-_0_9-_0_0 _____ _ Project ID: CUP 2025-0004 Permit Number: PR 2026-0024 ------------Project Name: 2045 Corte Del Nogal Pickleball GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), the undersigned granter, Muirlands Investments, LLC., a California limited liability company ("Granter"), 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 ("Grantee"), its successors and assigns, a public water easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, installation, operation, repair, maintenance, reconstruction and all activities necessary to construct, install, reconstruct, operate, maintain and repair a subterranean water line below the surface of the ground connecting to the backflow prevention device and fire hydrant on Grantor's property. The easement rights granted hereunder may include the construction, installation, operation, repair, maintenance, reconstruction of pipelines and improvements associated with said use which are designed to reasonably facilitate the use and protect the pipelines from natural and other forms of damage. The use shall also include a means of access to and from said pipelines and associated improvements for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said pipelines and associated improvements The uses described herein shall be exclusive to the Grantee. Granter herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, in a manner that would C:\Users\tcarr\Downloads\Pickleball Republic Grant Deed of Easement CM WO.doc REV 02/218/21 1 interfere or impede with Grantee's use or exercise of the easement rights. 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. C:\Users\tcarr\Downloads\Pickleball Republic Grant Deed of Easement CMWD.doc REV 02/218/21 2 Executed by the Grantor this 26th day of """M~a .... v __ __,_ 202.6._. GRANTOR: Muirlands Investments, LLC, a California limited liablity company B T (sig,r,here) (sign here) Greg L. Etter (see Note 2 below) (print name and title of signatory) Note 1: as President of Atomic Investments, Inc., the manager of Muirlands Investments, LLC Note 2: as Chief Financial Officer of Atomic Investments, Inc., the manager of Muirlands Investments, LLC (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.) C:\Users\tcarr\Downloads\Pickleball Republic Grant Deed of Easement CMWD.doc REV 02/218/21 3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 _.s .... ·=o,.~n __ b_i~<-=-,-t)-r"'O~---- On M °"{ L (p I 2-o~ before me, Ma v-,'~ tviDv-an I l'--Jo~1v:y ~b\;c., Here Insert Name and Title of the Officer Date ~ . \ . personally appeared --\"' Vl L L-{ e \_ __,.-' • \ -e_'i .s "'5 l L v-~ Name(s) of Signer(s) L -£-+-+-cv- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that hefsh-e/they executed the same in ~r/their authorized capacity(ies), and that by ~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above 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 ________________ _ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc;yment Title or Type of Document: bY-o..n+-Dc.~d cf. fu\'.::>\'1 L Wo..\ev- Document Date: __ M~~A~'f-#-~2~Lt>'--+-1 _L-D~-=2_(_,. _______ Number of Pages: ___ _ Signer(s) Other Than Named Above: ___ .:::::.:::::~N~-+-f~A~--------------- Capacity(ies) Claime.d by Signe1& Signer's Name:~~p L . l':0:-1 s~l~ V­ I& Corporate Officer -Title(s): P r(:_;~i o\-<---n..-f- □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: A.\-omi c.. \rw.t.S~nk:s MA,riuq<.-.,. o '-l"\.u ida. nae; In v.e sl-m.vrt...l::s ©2018 National Notary Association 7 Signer's Name: G v-~ L · E-t-t-c V .Ji(Corporate Officer -~(s): CFO □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing:-&\:oa:llc.. \n V~flVl0'1--ls Mt<n0:v:1-lf" o~ ~ir-la.nd.'S ln11.a.\--tn.L.rlts EXHIBIT A WATER EASEMENT LEGAL DESCRIPTION CUP 2025-0004 PR 2026-0004 THAT PORTION OF LOT 7 CITY OF CARLSBAD TRACT NO. 80-34 PALOMAR AIRPORT BUSINESS PARK, ACCORDING TO MAP NO. 10062, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED APRIL 15, 1981, AS FILE NO. 81-115130, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 7, NORTH 32°04'22" EAST 29.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, NORTH 32°04'22" EAST 6.83 FEET TO THE BEGINNING OF A TANGENT 1,949.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 00°23'14" A DISTANCE OF 13.17 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, SOUTH 57°55'38" EAST 82.96 FEET; THENCE NORTH 32°04'22" EAST 6.00 FEET; THENCE SOUTH 57°55'38" EAST 7.00 FEET; THENCE SOUTH 32°04'22" WEST 6.00 FEET; THENCE SOUTH 57°55'38" EAST 8.86 FEET; THENCE NORTH 32°04'22" EAST 4.65 FEET; THENCE SOUTH 51°39'15" EAST 9.06 FEET; THENCE SOUTH 32°04'22" WEST 3.66 FEET; THENCE SOUTH 57°55'38" EAST 32.62 FEET; THENCE NORTH 73°35'12" EAST 121.00 FEET; THENCE SOUTH 16°24'48" EAST 20.00 FEET; THENCE SOUTH 73°35' 12" WEST 130.01 FEET; THENCE NORTH 57°55'38" WEST 149.50 FEET TO THE TRUE POINT OF BEGINNING. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN ACCORDANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. SCOTT HARRY LS 8464 LEGAL DESCRIPTION LOT 7 OF CARLSBAD TRACT NO. 80-34, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10062, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 15, 1981, AS FILE NO. 81-115130 OF OFFICIAL RECORDS. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS EXHIBIT IS A PORTION OF THE WEST BOUNDARY OF LOT 7 OF MAP NO. 10062, AS SHOWN ON MAP NO. 10062, I.E. NORTH 32°04'22" EAST. LAND SURVEYOR KARN ENGINEERING & SURVEYING, INC. 129 WEST FIG STREET FALLBROOK, CA 92028 7 60-728-1134 I:\10286\EASEMENT EXHIBIT_sht_l EXHIBIT "B" cu P 2025-0004 PR 2026-0004 CITY OF OCEANSIDE VICINITY APPLICANT EASEMENT PLAT -CITY OF CARLSBAD SITE MAP DATE: 5-15-2026 PREPARED BY: PROJECT NAME: SHEET 1 OF 3 SHEETS Muirland Investments, LLC ;;~ ~ Scott Harry 05-15-2026 2045 Corte Del Nogal Pickleball A.P.N. 213-061-09 I EXHIBIT "B" LOT 5 MAP 10062 ~ ~ ~ 31• LOT 10 ~ MAP 10062 ~ CUP 2025-0004 PR 2026-0004 - LOT 7 MAP 10062 APN 213-061-09 --- I I LOT 8 MAP 10062 LOT 11 MAP 10062 N \ 0 50 100 200 300 ~-r• i SCALE I I FEET SCALE: 1" = 100' LEGEND PROPOSED WATER EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT. AREA= 5,489 SQUARE FEET INDICATES PROPERTY LINE. ENGINEERING & SURVEYING, INC. (760) 728-1134 I:\10286\EASEMENT EXHIBIT _sht_2 APPLICANT EASEMENT PLAT -CITY OF CARLSBAD DATE: 5-15-2026 PREPAR;J) BY: Muirland Investments, LLC [.,,<~t" ~ Scott Harry 05-15-2026 PROJECT NAME: SHEET 2 OF 3 SHEETS 2045 Corte Del Nogal Pickleball A.P.N. 213-061-09 L 1 L2 L3 L4 LS L6 L7 L8 L9 L 10 L 11 _.,....---NC~,\ EXHIBIT "B" CUP 2025-0004 PR 2026-0004 I I ... LOT 7 MAP 10062 APN 213-061-09 ~~lcoR-LOT 7 MAP 10062 LINE TABLE LENGTH 29.56' 6.83' 32.62' 20.00' 6.00' 7.00' 6.00' 8.86' 4.65' 9.06' 3.66' --- BEARING N 32004'22" E N 32004'22" E S 57°55'38" E S 16024'48" E N 32004'22" E S 57°55'38" E s 32004'22" w S 57°55'38" E N 32004'22" E S 51039'15" E s 32004'22" w CURVE TABLE DELTA LENGTH RADIUS II 1,949.00' 00023'14 13.17' SCALE ~ ---- DETAIL "A" 1" 10' SCALE: 1" = 40' LEGEND TER EASEMENT PROPOSED WtNICIPAL WATER CARLSBAD M DISTRICT. 89 SQUARE FEET AREA= 5,4 INDICATES PROP ERTY LINE. ----=--1134 ~-=""'!!!! -(760) 728- --;RING & SURVEYING, INC. CITY OF CARLSBAD :~~;:\EASEMENTEXHIBIT_sht_3 EASEMENT PLAT -PROJECT NAME, o al Pickleball APPLICANT PREPARED BY, 2045 Corte Del N g ~ 't fz~ ents LLC -~-~ os-1s-2026 Muirland lnvestm , Scott Harry DATE: 5-15-2026 SHEET 3 OF 3 SHEETS A.P.N. 213-061-09 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 May 26, 2026, from Muirlands Investments, 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: 07/14/2026 r/J~ ~-