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HomeMy WebLinkAbout5035; LC Investments 2010 LLC; 2017-0446976; EasementRECORDING REQUESTED BY: Carlsb,;1d 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].) DOC# 2017-0446976 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 28, 2017 02:24 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 PCOR N/A PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is$~ ( ) 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. Assessor's Parcel No.: 216-592-01 -----------Project ID: Project No. 5035 -~---------Re I ate d Project ID: Dwg No. 503-4 -~---------Re I ate d Project ID: Project Name: -----------La Costa Water Replacement Main GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), LC INVESTMENTS 2010, LLC, 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 and/or C:\Users\Nicole.graves\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW64ETJ\2017-05-18 Grant Deed of Easement CMWD_Omni La Costa Resort.doc REV 01/25/13 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. Executed by the Grantor this~ day of Ju\,, 20Jl. GRANTOR: LC INVESTMENTS 2010, LLC By: ~nhere) B sign her Paul A. Jor~ Lllu Pfc~i'd.et1.\.. (print name and ti\le 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.) C:\Users\Nicole.graves\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW64ETJ\2017-05-18 Grant Deed of Easement CMWD_Omni La Costa Resort.doc REV 01/25/13 2 CALIFORNIA ALL-PURPOSE 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. County of-~~~-,.____.,~-----) On ~ \(\f 6, am:1 before me, Se.rr-a Die.., C,. f\eu) 1 fuc,J:w< ~41R.\- Oate Here Insert Name and Title of the Officer personally appeared (Y\; dcfie.\ b, ~~tb O (]cl, ~o, u i -A . ½ Name(s) of Signer(s) o ~ \J\ ct. Tu~d t01S D~ LG \01J6+rre.nb QO\O\ UC. . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/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. ,,,,. • .,,,,, STEPHANIE C NEW ~,, ~y P(J ,.,.,. -~ fo"~··j.··.?<,~ Notary Public. State of Texa, ""-?'·~,:-'"-;•: ,-)(.=;°ErommExp,res07-0l-2019 ~~;;·,;;·,~~;..-"' -Notary ID 13028113-0 ,,,,,,.-,,,, 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. Place Notary Seal Above -------------OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~'®'®'@'@@,Jg.)@@'®'®'@/§<,i'®@'@IJ§<J®®®''®®®~~~'®®'®'@~'§<Jlil</§<J§Xi@-'§;{5'§(/§;<,)@~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 C:\Users\Nicole.graves\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW64ETJ\2017-05-18 Grant Deed of Easement CMWD_Omni La Costa Resort.doc REV 01/25/13 3 EXHIBIT "A" LEGAL DESCRIPTION OF WATER EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 03-01-01, LA COSTA RESORT AND SPA, MAP NUMBER 14984, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005 AS FILE NO. 2005-0224598, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: WATER EASEMENT: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 OF CARLSBAD TRACT NO. 72-33, MAP NUMBER 7594, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 4, 1973 AS FILE NO. 73-088776, OFFICIAL RECORDS, SAID CORNER BEING A POINT ON A SOUTHWESTERLY LINE OF SAID LOT 1 OF CARLSBAD TRACT NO. 03-01-01, LA COSTA RESORT AND SP A, MAP NUMBER 14984; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID LOT I OF MAP NO. 14984, SAID SOUTHWESTERLY LINE BEING THE NORTHEASTERLY LINE OF SAID LOT 1 OF MAP NO. 7594, NORTH 65°06'37" WEST 126.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 25°03'17" EAST 142.19 FEET; THENCE NORTH 74°43'33 11 EAST 3.55 FEET; THENCE NORTH 12°01'33 11 WEST 606.53 FEET; THENCE NORTH 01°33'0811 EAST 8.20 FEET TO A POINT ON THE SOUTHERLY LINE OF A CARLSBAD MUNICIPAL WATER DISTRICT 20.00 FOOTWIDE WATER EASEMENT AS SHOWN PER DISTRICT NO. 2, UNIT "D11 PIPELINE, LINE "C." PER ORA WING NO. 5547, SHEET NO. 9; THENCE SOUTHEASTERLY ALONG SAW SOUTIIERL Y LINE, SOUTH 88°26'52" EAST 20.00 FEET; THENCE LEAVING SAID· SOUTHERLY LINE, SOUTH 01°33'08" WEST 5.82 FEET; THENCE SOUTH 12°01'33\' EAST 623.05 FEET; THENCE SOUTH 74°43'3311 WEST 13.19 FEET; THENCE SOUTH25°03'17" WEST 126.37 FEET; THENCE SOUTH 64°56'5211 EAST 40.40 FEET; THENCE so urn 51 °41 '5211 EAST 27 .53 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF SAID LOT 1 OF MAP NO. 14984; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE NORTH 65°06'37" WEST 87.20 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF2 CONTAINING: 15,699.71 SQ. FT. 0.360 ACRES MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B"'0 THIS REAL PROPERIT DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DOUGLAS R ME CHIOR, PLS 4611 LICENSE EXPIRES 9-30-2018 $-tS-:'2-017 DATE PAGE2OF2 EXHIBIT "B" MAPPING AN(l£ BASIS 01 RBARINCS: lHE BASIS <f' BEARINGS FOR 1HIS SUR\£¥ IS A LINE BETYfEN QlY <F CARLSBAD CCJflRCI. POSITIONS a.sB-036 a: a.sB-020 PER ROS 17271 I.E. N 32'32'23• W 3693.47 GRID • a.se-:036 B.V = 133.59 -00"3J't.9l9 U7l = INICATES WAlER EASEMENT r...L...J TI> CARL!BAD MlJNl(FAL WAlER OISlRICT . AREA 15.699.71 SQ. FT. ::I: BEING 0.360 ACRES ::I: LICJND T.P.O.B. = INDICATES 1RUE PONT CF IEGINNING P.0.8. = INDICATES PONT <f' BEGINNING ( )= RECORD DATA PER MAP 11310 & MAP 7594 [ ]= RECORD DATA PER MAP 14984 lHIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION ~Qt~{-;;- ,eo-eo,-ao,1 La. ••11 KEY AW' SHT 4 OU\ttNHAIN RD VICINITY MAP NO SCALE SHEET 1 OF 4 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT DAlE: 05-15-2017 A.P.N. 216-592-01 .IN '\4?4 WATER EASEMENT -pur IN THE CllY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNtA 40 lA COSTA RESORT MAP 14984 Lor 1 APN 216-592-01 LOT 3 MAP 7594 "B \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING 20 FT. U ~\ WAlER EASEMENT FOR DISlRICT N0.2 UNIT "()9 \ PIPELINE LINE •c-\ PER ORAVt1NG N0.5547 \\ '\ SHEElS 9 & 10 ~ '(' '\ ~ " /\. " "' '\..._ " " ~ II = .... CARLSBAD MUNICIPAL WATER DISTRICT DAlE: 05-15-2017 A.P.N. 216-592-01 .ltJ 'U?.t. WATER IASIJIBNT PLAT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SEE SHfil 4 CF 4 l ./ ~ EXHIBIT "B" \ \ "vA~ ----\ \ ~\ \ \ '0, '1>soi1 \ · \ ~ \ \ cos't~ ~0, ~ MAP 149114 \ \ ~ ~\;\ LOT 1 \ \ ~ v;\~~\• \\ \ EXISTING 20 FT. WIDE \ WAlER EASEMENT \ (f FOR DISlRICT N0.2 UNIT •o• \ \ PIPB.JNE LINE •c" ~ ; /2 i \ PER llRAIING N0.5547 ~ v\ s._ I SHEETS 9 & to APN-216-592-()1 40 eV)~ \ \_ V ~ -\ 20.d, 0, \ \ ~ \ I ~uvv;;., \ \ V / ,,, \ gRAPHIC S':;1fE BO \ 0, \ \ ---· \/ ,), \ \ SC.ALE 1" = 40 FEET V / \ \ SEE DATA TAII.E stm4 142.19 / ~--,8 ~ II a ..- . L 0:(/ /N 'l'flJ! E \ \ SEE HET 2 CF 4 ,£ ~ SHEET 3 Of 4 SHEElS CARLSBAD MUNICIPAL WATER DISTRICT DAlE: 05-15-2017 A.P.N. 216-592-<>1 .N 'U?t 'f ATIR EASIJIINT PLAT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA EXHIBIT "B" MAP 10998 MAP 12008 [N 88"09'54• W] N 88"09'54• W 19166' [N 88"09'06• W] - -------- -> c:::: ----- N 88'09'06• W 243.32' ------------------------------------ -------------------- PATA T.IBLI G) N 65'06'J'f W 126.16' @ N 74•Jj'S5' E 3.55' @ N 12'01133• W 606.53' @ N Ol"JJ'ot E s.20• @ S 88"26'52" E 20.00' @ S 01"33'08" W 5.82' Q) S 12'01''31' E 62l05' @ S 74•4"$'31' W 13.19' @ S 64'56'52" E 40.40' @ S 51•41•52• E 'D.5! APN 216-592-01 40 @ S 65"06'3i E 38.96' @ N 6506'31 W 87.1ft GRAPHIC SCALE 0 40 SCALE 1" = 40 FEET 80 MAP 14984 LOT 1 -------........ CARLSBAD MUNICIPAL WATER DISTRICT DAlE: 05-15-2017 A.P.N. 216-592-01 .N lA?A. WATER EASEMENT _· PLAT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA _____ .,. b ~ II II -