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Home My WebLink About; Marriott Senior Living Services, Inc.; 1998-0301491; Easement, RECORBNG REQUESTED BY '. MARRIOT SENIOR LIVING SERVICES, INC. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT fee as it is to the benefit of the Please record the document at no District (Gov. Code [6103].) ,: \ 288 DOC # 1998-0301491 ms: 0.00 oc: WI Space above this line for Recorder's use. . The undersigned grantor(s) declare(s): Assessor's Parcel No. 167-090-70.71.72 Documentary transfer tax is $o.oO Project No. & Name 96-C.446. Marriott Briahton ( ) computed on full value of property conveyed, or Gardens. El Camino Real and HOSD Wav ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. <a4- - WILLIAM E. PLUMMER, District Engineer G\ \9 GRANT DEED OF WATER LINE EASEMENT MARRIOTT SENIOR LIVING SERVICES, INC., a Delaware Corporation, as to Parcel C does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 1 10/20/97 Rev. 2 89 . . devi'ces, 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. 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. GRANTOR MARRIOTT SENIOR LIVING SERVICES, INC., a Delaware Corporation, as to Parcel C, (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.) execute this instrument.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to APPROVED AS TO FORM: GENERAL COUNSEL RONALD R. BALL By: JANE MO ALDI. Deputy General Counsel CMWD 96-c.446 2 10/20/97 Rev. 290 personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 96-C.446 06/14/95 Rev. 291 personally appeared J&&/ ~&Kw&, I I .& d- personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NAME(S) OF SIGNER@) WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer@) other than named above CMWD 96-C.446 06/14/95 Rev. 292 EXHIBIT "A" LEGAL DESCRIPTION unuw EASEMENT MARRIOTT BRIGHTON GARDENS CITY OF CARLSBAD THOSE CERTAIN STRIPS OF LAND WITHIN PARCELS "A", "B" AND "C", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN LOT LINE ADJUSTMENT 500 FILED MAY 6,1997, PER CERTIFICATE OF COMPLIANCE DOCUMENT NO. SAID COUNTY, DESCRIBED AS FOLLOWS: A TWENTY-FIVE FOOT WlDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: 1997-0210208, PAGES 351-362, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WlTH AND 0.50 FEET SOUTHERLY OF THE LINE COMMON TO SAID PARCEL "B AND SAID PARCEL "C" AND THE PARALLEL LINE NORTH 51"3959 EAST 58.23 FEET TO A LINE PARALLEL WlTH AND 67.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL'IC" SHOWN AS HAVING A BEARING OF "N38"20'01'W IN SAID CERTIFICATE OF COMPLIANCE, SAID POINT HEREINAFTER REFERRED TO AS POINT"A", THENCE CONTINUING ALONG AFOREMENTIONED PARALLEL LINE WITH SAID COMMON LINE NORTH 51"3959 EAST 194.1 1 FEET TO A POINT HEREINAFTER REFERRED TO A P0lNT"B; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 51"3959 EAST 31.22 FEET TO A LINE PARALLEL WITH AND 14.50 FEETWESTERLY OF THE EASTERLY LINE OF SAID PARCELS "B AND "C" SHOWN AS HAVING A BEARING OF "N20"5622'W' IN SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID PARALLEL LINE NORTH 2056'22" WEST 83.39 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 35"3832" WEST 54.00 FEET TO A LINE PARALLEL WITH AND 37.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID PARCEL "C" SHOWN AS HAVING A BEARING OF "N12'48'04'W IN SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID PARALLEL LINE NORTH 12"4804" WEST 101.52 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 38'20'01" WEST 52.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 38"20'01" WEST 26.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH 38"20'01" WEST 42.79 FEET TO A LINE PARALLEL WlTH AND 20.83 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID PARCEL "C" SHOWN AS HAVING A BEARING OF "N57"03'48W IN SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID PARALLEL LINE NORTH 57"03'48" WEST 52.91 FEET TO A POINT HEREINAFTER REFERRED TO AS P0lNT"E AND THE TERMINUS OF HEREIN DESCRIBED CENTERLINE: AND A TWENTY FOOTWlDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: NORTHEASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL; THENCE ALONG SAID BEGINNING AT SAID POINT "A"; THENCE ALONG SAID LINE PARALLEL WlTH AND 67.00 FEET EASTERLY OF SAID WESTERLY LINE OF SAID PARCEL "C" SHOWN AS HAVING A BEARING OF "N38"20'01'W' IN SAID CERTIFICATE OF COMPLIANCE, NORTH 38"20'01"WEST 142.19 FEET TO A POINT HEREINAFTER REFERRED TO AS SHEET 1 OF 3 CMWD #96-C446 293 POINT "F"; THENCE CONTINUING ALONG SAID PARALLEL LINE AND ITS PROLONGATION NORTH 38"20'01" WEST 264.62 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 32"23'44" EAST 47.46 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G; THENCE CONTINUING NORTH 32"23'44" EAST 95.46 FEET; THENCE NORTH 38"20'01" WEST 40.05 FEET; THENCE NORTH 06"3959" EAST 21.84 FEET; THENCE NORTH 51"3959 EAST 71.93 FEET; THENCE NORTH 87"13'22" EAST 21.56 FEET TO A LINE THAT IS PARALLELWlTH AND 26.33 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID PARCEL "C" SHOWN AS HAVING A BEARING OF "N57'03'48'W' IN SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID PARALLEL LINE SOUTH 57'03'48" EAST 107.53 FEET TO A POINT IN A LINE THAT BEARS SOUTH 32"5612" WEST 5.50 FEET FROM SAID P0lNT"E. AND A TWENTY FOOT WDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: WESTERLY OF THE EASTERLY LINE OF SAID PARCELS "A" AND "B" SHOWN AS BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WlTH AND 20.0 FEET THE SOUTHERLY LINE OF SAID PARCEL"A"; THENCE ALONG SAID PARALLEL LINE HAVING A BEARING OF "N20"56'22'W' IN SAID CERTIFICATE OF COMPLIANCE AND AND 0.50 FEET SOUTHERLY OF SAID LINE COMMON TO SAID PARCEL "B" AND SAID NORTH 20"5622" WEST 442.54 FEET TO A POINT IN SAID LINE THAT IS PARALLEL WTH PARCEL "C". AND, TWENTY FOOT WDE STRIPS OF LAND, THE CENTERLINES OF WHICH ARE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "B; THENCE NORTH 38"20'01" WEST 23.50 FEET. BEGINNING AT SAID POINT "C"; THENCE NORTH 51"39'59 EAST 45.62 FEET TO SAID "N57"03'48'W' IN SAID CERTIFICATE OF COMPLIANCE. EASTERLY LINE OF SAID PARCEL "C" SHOWN AS HAVING A BEARING OF BEGINNING AT SAID POINT "D"; THENCE SOUTH 51"3959 WEST 23.50 FEET, BEGINNING AT SAID POINT "G; THENCE SOUTH 57"36'16" EAST40.00 FEET. EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF A LINE HAVING A BEARING OF NORTH 38"20'01" WEST. THE SOUTHEASTERLY TERMINUS OF WHICH IS A POINT IN THE SOUTHEASTERLY LINE OF SAID 20.00 WDE STRIP OF LAND, NORTH 32"23'44" EAST 16.70 FEET FROM THE SOUTHWESTERLY TERMINUS THEREOF. BEGINNING AT SAID POINT "F"; THENCE SOUTH 51"39'59" WEST 25.00 FEET. AND, A 15.50 WDE STRIP OF LAND, THE CONTROL LINE OF WHICH IS SAID LINE THAT IS PARALLEL WlTH AND 0.50 FEET SOUTHERLY OF SAID LINE COMMON TO SAID PARCEL "6 AND SAID PARCEL "C". THE NORTHWESTERLY SIDELINE BEING A LINE PARALLEL WlTH AND 15.50 FEET LINE OF EL CAMINO REAL TO SAID POINT "A". NORTHWESTERLY OF SAID CONTROL LINE FROM THE NORTHEASTERLY RIGHT-OF-WAY SHEET 2 OF 3 CMWD #96-C446 .. 29 4 THE SIDELINES OF HEREIN DESCRIBED EASEMENT SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL EASEMENT WIDTHS AT ALL INTERSECTING COURSES AND CURVES. ALL AS IS SHOWN ON U(HIBIT"B"AITACHED HERETO AND MADE A PART HEREOF. SHEET 3 OF 3 CMWD #96-C446 LEGAL DESCRIPTION : 6aiJ 160 240 A.P.N. 167-090-59 UTlLlN EASEMENT PLAT - CIN OF CARLSBAD PREPARED BY LSLConsulting Engineers PROJECT SCALE 1”=80’ ‘ne Jenner Street, Suite 200 c wine. California 92618 714) 727-7099 BRIGHTON GARDENS EX H I B IT ” B” P.L.S. 7418 EXP. 12/31/97 CMWD #96-C446 SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION 296 UTILIN EASEMENT PLAT - CITY OF CARLSBAD PREPARED BY ,SLConsuIting Engineers PROJECI: SCALE: 1”=80’ ne Jenner Street, Suite 200 -vine, California 92618 T&9!lr-&lLl BRIGHTON GARDENS EX H I B IT ” B” 714) 727-7099 P.L.S. 7418 EXP. 12/31/97 RICHARD . TET CMWD #96-C446 SHEET 2 OF 2 SHEETS 297 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated April 14 , 1998, from MARRlOlT SENIOR LIVING SERVICES, INC.. a Delaware CorDoration, as to Parcel C to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the 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. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. CMWD 96-C.446 1 1/03/97 Rev.