The URL can be used to link to this page

Home My WebLink About; Aviara Resort Associates, LP; 1992-0243142; Easement1 2 3 4 5 6 7 0 9 10 11 12 &,%O l3 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 2361 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 1 1 1 1 1 1 1 1 1 1 ,) ,. , ', S#acg,aboVe this line for Recorder's use. Assessor's Parcel No. 215-612-01 Project Name & No. Four Seasons - Aviara Hotel . , ,, CMWD Proiect No. 89 - 509 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT I, AlethaL.Rautenkranz,Sec$tary Board of Directors ,. I!y&&ENT AVIAR~ &SORT ASS~IAI~S LIMITED PARTNERSHIP, a California LW,ted Partnership does hereby grant to CARLSBAd'&ftdXCSPkr, hATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. -I ' . 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, 1 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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'.'limited to, erosion control facilities, fences, 'gates, doors, iocking 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. Gi-antor herein agrees that no buildings and/or Structures will be erected, walls constructed, fences built nor trees planted, nor may the easenient~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. /// /// /// /// /// /// /// /// /// /// 2 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "AB8 and Exhibit llB" attached hereto and by this reference made a part hereof. 'Executed by the GRANTOR this day Of March , 19%. GRANTOR: AVIARA RESORT ASSCCIATES LIMITED PARTNERSHIP, a California Limited Partnership JSee attached siqnature paqe) (name of grantor) By: (sign here) (title of signatory) By : [sign here) (title of signatory) APPROVED AS TO FORM: By : Y*/SL*? 2 a (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 89-509 3 3/14/91 REV. AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership By: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, its General Partner By: Aviara Land Company, a Delaware corporation, General P John K. Alstrom Assistant Secretary By: Ted L. Hoover Vice President/Assistant Secretary By: Republic Development Company, a California corporation, General Partner ohn K. Alstrom Vice President By: Ted L Hoover Vice President/Assistant Secretary By: TAT AVIARA, LTD., a California corporation, its General Pmer By: CORPORATION AS PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP STATE OF CALIFORNIA 1 ) ss. County of On 31 , 19a before me, the undersigned, a Notary Public in and for said State, personally appeared x33 L. ttDO\IL* and h d-. AWlw, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the within instrument as Vlc(=/ President and 2k%hcwT Secretary, on behalf of Lm LG\Io @WPAr\lU I the corporation therein named, and acknowledged to me tAat said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corp- oration being known to me to be one of the general partners of hl*WD hm% hlw @L?P, said partnership w q- - LWimV &!i!iafif the partnership that being known to me to be one of the partners of executed the within' instrument and acknowledged to that such corporation executed the same as such partner and that such partner executed the same. WITNESS my hand and official seal. I' U I CORPORATION AS PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP, WHICH IS A PARTNER OF A PARTNERSHIP STATE OF CALIFORNIA) COUNTY OF ORANGE ) ) ss. On vf" '31 in and for said State, personally appeared of satisfacto evidence) to be the person(s) who ex REPUBLIC DEVELOPMENT COMPANY. the co x* L.M& personally known to me (or proved to me on the basis dweLw=r and . \luswwl acknowledged to me that said corporation execuied the with instrument pursuant to'its by- laws or a resolution of its board of directors, said corporation being known to me to be one of the general partners of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, said partnership being known to me to be one of the partners of AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as such partner and that such partner executed the same. WITNESS my hand and official seal. - 1 'Nota& Public \ CORPORATION AS PARTNER OF A PARTNERSHIP, STATE OF HAWAII 1 CITY AND COUNTY OF HONOLULU ) ) ss. On 6 d Mh A, 19 before me the undersigned, a Notary Public in and for said ‘State, personally appeared )-JDEU HAYASHI , and of satisfactory evidence) to be the person(s) who executed the within instrument as /- of TAT AVIARA, LTD., the corporation that executed the within instrument on behalf of AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. -9 - personally known to me (or proved to me on the basis <?&+*k.:m and c on behalf rrp.3 -c WITNESS my hand and official seal. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 3/3(/h? , from AVIARA RESORT ASSOCIATES LIMITED PARPGRSHIP, a California Limited Partnership to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 773 of the Carlsbad Municipal Water District adopted on , 1994 and the grantee consents to recordation thereof by it's duly authorized officer. I ALETHA L. RAUTENKRANZ, Secktaly CMWD 89-509 Sheet 1 of 6 Sheets EXHIBIT 'A' 10/24/1991(DA) A.P.N. 215-612-01 300,16;SV 10277A LEGAL DESCRIPTION WATER EASEMENT BEING THAT PORTION OF LOT a7 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT IIB", ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN THE DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT NORTH 47O47'47" WEST, 74.00 FEET; THENCE LEAVING SAID a7 DEFINED AS THE NORTHERLY TERMINUS OF THE COURSE BEARING EASTERLY LINE NORTH 82036'441* WEST, 137.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 78*57'111* WEST, 65.00 FEET; THENCE SOUTH 11002~49~1 EAST, 38.64 FEET; THENCE SOUTH 56°02r49" EAST, 23.33 FEET; THENCE SOUTH 11°02'4911 EAST, 30.74 FEET; THENCE NORTH 78057111" EAST, 5.00 FEET; THENCE WEST, 5.00 FEET; THENCE SOUTH 11°02'4911 EAST, 73.04 FEET TO SOUTH 11002'4911 EAST, 20.00 FEET; THENCE SOUTH 78057'1111 TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE CURVE THROUGH A CENTRAL ANGLE OF 28043~22~~ A DISTANCE OF BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE TO 65.17 FEET; THENCE SOUTH 39046'1111 EAST, 26.38 FEET TO THE THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0201315611 A DISTANCE OF 5.84 FEET; THENCE NORTH 54010'54** EAST, 8.73 FEET; THENCE SOUTH 3504910611 EAST, 9.00 FEET; THENCE SOUTH 54010'5411 WEST, 8-73 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14O44'40" A BEARS NORTH 55°5410311 EAST; THENCE SOUTHEASTERLY ALONG THE DISTANCE OF 38.60 FEET; THENCE SOUTH 19021'17~~ EAST, 63.24 FEET TO THE BEGINNING OF A TANGENT 80. oo FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF 19.63 FEET, TO THE BEGINNING OF A COMPOUND 28.00 FOOT OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°03'29" A DISTANCE C.M.W.D. 89-509 Sheet 2 of 6 Sheets EXHIBIT 'A' RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'22'32" A POINT BEARS SOUTH 56°35'1411 WEST; THENCE SOUTHEASTERLY ALONG DISTANCE OF 13.87 FEET; THENCE SOUTH 50O25'20" WEST, 32.38 FEET; THENCE NORTH 39°34r401t WEST, 10.00 FEET; THENCE NORTH 50°25'20" EAST, 15.13 FEET TO THE BEGINNING OF A NON-TANGENT 95.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 53O26'21" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°12'221t A DISTANCE OF 28.53 FEET; THENCE NORTH 19O21'17" WEST, 63.24 FEET TO THE BEGINNING OF A TANGENT 135.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE ANGLE OF 20°24'54" A DISTANCE OF 48.10 FEET; THENCE NORTH NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 39°46'11" WEST, 26.38 FEET TO THE BEGINNING OF A TANGENT 145.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°43'221t A DISTANCE OF 72.69 FEET; THENCE NORTH 11°02'49" WEST, 75.04 FEET; THENCE SOUTH 78O57'11" WEST, 15.00 FEET; THENCE NORTH 11°02r491* WEST, 20.00 FEET; THENCE NORTH 78O57'11" EAST, 15.00 FEET; THENCE NORTH 1l0O2'49" WEST, 22.52 FEET; THENCE NORTH 56°02r498* WEST, 23.33 FEET; THENCE NORTH 11°02'491t WEST, 17.47 FEET; THENCE SOUTH 78°57'11" WEST, 40.19 FEET TO THE BEGINNING OF A TANGENT ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82.50 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY 38'33'21" A DISTANCE OF 55.52 FEET, TO THE BEGINNING OF A REVERSE 52.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 27O30'32" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°20'16" A DISTANCE OF 58.95 FEET; THENCE SOUTH 53°10'16" WEST, 45.12 FEET TO A POINT ON THE EASTERLY LINE OF THE PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BLUE HERON PLACE (PRIVATE), SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 235.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 55' 00'00" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02O23'25" A DISTANCE OF 9.80 FEET; PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BLUE HEREON PLACE (PRIVATE) NORTH 53°10'16" EAST, 45.06 FEET TO THE BEGINNING OF A TANGENT 67.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°20'16" A DISTANCE OF 75.80 FEET, TO THE BEGINNING OF A REVERSE 67.50 FOOT RADIUS CURVE THENCE NORTH 37O23 '25" WEST, 5.20 FEET; THENCE LEAVING SAID C.M.W.D. 89-509 .. .. .. . _. Sheet 3 of 6 Sheets EXHIBIT 'A' CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH THROUGH A CENTRAL ANGLE OF 38O33' 21" A DISTANCE OF 45.42 27°30'32" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE FEET; THENCE NORTH 78°57r1111 EAST, 40.19 FEET; THENCE NORTH 11°02'49" WEST, 68.27 FEET; THENCE NORTH 41O32'49" WEST, 109.33 FEET TO THE BEGINNING OF A NON-TANGENT 355.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 83°41157s* EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12O46'14" A DISTANCE OF BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE TO 79.13 FEET; THENCE NORTH 06°28'1111 WEST, 41.27 FEET TO THE THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°47'06" A DISTANCE OF 5.00 FEET; THENCE NORTH 83°31'49" EAST, 24.97 FEET; THENCE SOUTH 06O28'11" EAST, 20.00 FEET; THENCE SOUTH 83O31'49" WEST, BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE CONCAVE TO 10.00 FEET; THENCE SOUTH 06O28'11" EAST, 26.27 FEET TO THE THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°25'26" A DISTANCE OF 73.77 FEET; THENCE SOUTH 84°16'17" EAST, 10.00 FEET; THENCE SOUTH 05O43'43" WEST, 11.20 FEET; THENCE SOUTH 41°32'49" EAST, NORTH 78O57'11" EAST, 49.00 FEET; THENCE NORTH 11O02'49" 93.26 FEET; THENCE SOUTH 11°02'49" EAST, 49.98 FEET; THENCE WEST, 12.00 FEET; THENCE NORTH 78°57'11" EAST, 16.00 FEET; THENCE SOUTH 11*02'49" EAST, 22.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 15603 SQUARE FEET OR 0.358 ACRES OF LAND MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFARMANCE WITH THE LAND SURVEYORS LICENSE EXPIRATION DATE: 12-31-92 I C.M.W.D. 89-509 SHEET 4 OF 6 SHE€ TS .. : I -. EXHIBI T "B 'I . . .. SHEET 6 OF 6 SHEETS I SCALE: 1"=40' ' /\ PROJECT NAME: CM.W.Q B9-m PROJECT NO. EXHIBIT WA TER EASEMENT DEDICA TION 6 WATER EASEMENT DEDlCATlQN