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HomeMy WebLinkAboutCT 02-15; Bressi Ranch Development LLC; 2005-0656935; EasementDOC # 2005-0656935 I& RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 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. i illliil ill1 lllil1111! 11111 lllll lllll lllll Ill11 11111 Ill11 11111 1111 Ill1 AUG 02,2005 2:23 PM OFFICIAL RECUR OS 5.4N D ;E G 0 C:U U f.1 T’i‘ RE CUED E R ‘5 U FFl CE GHEGURYJ. SMITH, COUNT’Y RFCCIRDER FEES. 0.U0 OC. NA VAG E E;: 7 l111~111111111111 llll llil11111 llill11111 lllll Ill11 11111 11111 lllll11111 Ill1 1111 Space above this line for Recorder’s Use. Assessor’s Parcel No. 21 3-1 20-03 Project No. & Name CT 02-15, Bressi Water and Recycled Water Pump Stations CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER,*beputy City Engineer GRANT DEED OF WATER AND RECLAIMED WATER LINE EASEMENT Bressi Ranch Development LLC, a Delaware Limited Liability Company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, 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 facilities 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 reconstruction said facilities. 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: Exhibit “A and Exhibit “B” attached hereto and by this reference made a part hereof. The easement granted herein shall be located within and upon the properties more particularly described in 1 08/1 7/98 Rev. Executed on J”i\, a7 GRANTOR: 20 05 ,at, LWK, LIl.L)dfl , ‘* ‘ BRESSI RANCH DEVELOPMENT, LLC, ’ (city and state) a Delaware limited liability company APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: By: SRG Bressi, L.P. a California limited partnership, its Managing Member By: Regis Contractors, Inc., a California corporation its General Partner Title: vtce PCsrs&eAfr (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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) State of 1 1 County of D&AI F 1 OnSuW, ZOQS before me, personally appeared mr P c!! dersonally known to me -0R- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare 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 IMA A. SouJeles. hdrAR‘I Pun LI c J (This area for official notary seal.) Title or Type of Document Date of Document T UL~ 27 do OS Signer(s) other than named above NO. ofpages 2 CMWD 2 0811 7/98 Rev. - __~__~ _- KRIEGER & STEWART EXHIBIT "A" APN 213-120-03 LEGAL DESCRIPTION FOR WATER PUMP STATION EASEMENT A portion of Lot 14 of Carlsbad Tract CT 02-15, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14960, filed in the office of the County Recorder of San Diego County, February 4,2005, being more particularly described as follows: BEGINNING at a point on the northerly line of said Lot 14, said point being the beginning of a non-tangent curve, concave southeasterly, having a radius of 139.50 feet, a radial line at said point bears South 48O24'49" East, said point also being on the southerly right-of-way line of Palomar Airport Road as shown on said Map of Carlsbad Tract CT 02-15; Thence South 17'54'47" West, leaving said southerly right-of-way line and the northerly line of said Lot 14, a distance of 58.09 feet; Thence South 72O05'13'' East, a distance of 22.25 feet; Thence North 17'54'47" East, a distance of 36.50 feet; Thence North 76'46'14" East, a distance of 68.13 feet; Thence North 13O13'46'' West, a distance of 29.99 feet to a point on said southerly right- of-way line and the northerly line of said Lot 14; Thence North 76'46'04" East, along said southerly right-of-way line and the northerly line of said Lot 14, a distance of 25.00 feet; Thence South 13" 13'46" East, leaving said southerly right-of-way line and the northerly line of said Lot 14, a distance of 29.99 feet; Thence South 17'54'47" West, a distance of 193.33 feet; Thence South 71'04'57" West, a distance of 93.10 feet to a point on the westerly line of said Lot 14, said point being on a curve, concave westerly, having a radius of 242.00 feet, a radial line at said point bears South 72'02'44" West; Thence northerly, along said curve having a radius of 242.00 feet and the westerly line of said Lot 14, through a central angle of 00'23'59", an arc distance of 1.69 feet to a point of compound curvature with a curve concave westerly, having a radius of 2,029.82 feet, a radial line at said point bears South 71'38'45" West; Page 1 of 2 EXHIBIT "A" (continued) APN 213-120-03 Thence northerly, along said curve having a radius of 2,029.82 feet and said westerly line, through a central angle of 00'39'29", an arc distance of 23.3 1 feet to a point, a radial line at said point bears South 70'59'1 6" West; Thence North 71'04'57" East, leaving said westerly line, a distance of 82.86 feet; Thence North 40'56'41" West, a distance of 66.50 feet; Thence North 17'54'47" East, a distance of 35.33 feet; Thence North 72'05'13" West, a distance of 93.65 feet to a point on the westerly line of said Lot 14, said point also being on a non-tangent curve, concave easterly, having a radius of 5 10.00 feet, a radial line at said point bears North 79'02'07" East; Thence northerly, along said curve having a radius of 510.00 feet and said westerly line, through a central angle of 00'35'56", an arc distance of 5.33 feet to a point of compound curvature with a curve, concave easterly, having a radius of 30.00 feet, a radial line at said point bears North 79'56'03" East; Thence northerly along said westerly line and said curve having a radius of 30.00 feet, through a central angle of 36'33'25", an arc distance of 19.14 feet to the beginning of a non-tangent curve, concave southeasterly, having a radius of 50.00 feet, a radial line at said point to said 50.00 foot radius curve bears South 24'44'44" East, a radial line to said 30.00 foot radius curve bears South 63'30'32" East; Thence northeasterly, along the northerly line of said Lot 14 and said curve having a radius of 50.00 feet, through a central angle of 10'20'47", an arc distance of 9.03 feet; Thence North 75'46'28" East, along said northerly line and said southerly right-of-way line, a distance of 76.95 feet, to the beginning of a non-tangent curve, concave southeasterly having a radius of 139.50 feet, a radial line at said point bears South 54'25'43" East; Thence northeasterly, along said curve having a radius of 139.50 feet, said northerly line and said southerly right-of-way line through a central angle of 05'54'03", an arc distance of 14.38 feet to the POINT OF BEGINNING. M WUlgm (711 Y2005) LEGAY860-3P7-B Page 2 of 2 * LEGAL DESCRIPTION LEGEND A PORTION OF LOT 3 OF CARLSBAD P.O.C. - POINT OF COMMENCEMENT TRACT CT 00-06, IN THE CIN OF CARLSBAD, COUNTY OF SAN DIEGO, P.O.B. - POINT OF BEGINNING STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14600, FILED T.P.0.B.- TRUE POINT OF BEGINNING IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 29, 2003. EASEMENT. 1 L----J WATER PUMP STATION r---- II ASSESSOR'S PARCEL NO. 213-120-03 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THESE DRAWINGS IS A PORTION OF THE NORTHERLY LINE OF LOT 3 OF SAID CARLSBAD TRACT; I.E., NORTH 75' 46 ' 28 "EAST. OWNER BRESSI RANCH DEVELOPMENT LLC A DELAWARE LIMITED LIABILIN COMPANY APPLICANT CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CA 92008 ENGINEER OF WORK KRIEGER AND STEWART, INC. 3602 UNIVERSITY AVENUE RIVERSIDE, CALIFORNIA 92501 (951) 684-6900 U I J VI C I N ITY MAP &@?B/U!H FREDCRICK A. ELLIOTT P.L.S. 4741 DATE REGISTRATION EXPIRES 09/30/2005 EXHIBIT 'B' SHEET 1 OF 2 ICARL~BAD MUNICIPAL WATER DISTRICT^ A.P.N. 21 3- 120-03 PREPARED BY KRIEGER CT 00-06 I IYCORPORATLD 3602 University Ave . Riverside. CA 92501 . 951-684-6900 L _---------- n-n --- PORTION OF PALOMAR AIRPORT ROAD A= 0 0' 2 3 '5 9 L= 1.69' i PUBLIC ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED DECEMBER IO, 1992 AS FILE NO. 1992-07931 69, O.R. I I I EXHIBIT 'B' SHEET 2 OF 2 iI ! ICARLSBAD MUNICIPAL WATER DISTRICT1 A.P.N. 21 3- 120-03 CT 02-15 PREPARED BY KRIEGER BTEWART I Y C 0 R PO RATED I 3602 University Ave.. Riverside, CA. 92501 . 951-684-6900 I CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Julv 27, 2005, from Bressi Ranch Development, LLC, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August I, 2005