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Home My WebLink AboutCT 03-01; W2007 La Costa Resort Co; 2008-0166954; EasementDOC# 2008-0166954 RECORDING REQUESTED BYflirty ntu c*. AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 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].) APR 01, 2008 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 OC: AFNF PAGES: The undersigned grantor(s) declare(s): Documentary transfer tax is $ Q.OO ( ) 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. Space above this line for Recorder's use. Assessor's Parcel No.: 216-590-11-00 216-590-14-00 216-610-08-00 216-210-03-00 Project No. & Name: CT 03-01 La Costa Resort and Spa Costa del Mar Road Waterline Easement PR 06-105 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager By: ral MeL. DAVID A. MAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), W2007 La Costa Resort Co., LLC, a Delaware limited liability company , 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, 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 3619 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. 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. Executed by the Grantor this ffi~ day of T^ 20 o"7 . GRANTOR: W2007 La Costa Resort Co, LLC a Delaware limited liability company By: W2007 La Costa Mezz, LLC a Delaware limited liability company Its Managing Member L*y- -^"^ - — j>t ^ "^^^v^ (sign here) ?«>wV ^oc^Lr \/P By: ' (|krint naVne and title of signatory) / (sJ0n here) (print name and title of signatory) (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.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: •eputy General Counsel H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT COUNTY On /3^/before me, I jXUifCO , Notary Public, personally appeared ********************* ROBERT SPRINGER *********************** personally known to me OR proved to me by satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my harjtfand official Signature LAURA BARNAO Notary Public. State of New YorV No. OIBA6092I87 Qualified in Queens County Certificate filed in New York County Commission Expires May 12 20JLI This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. I I INDIVIDUAL I I CORPORATE OFFICER(S) TTTLEfS) I I PARTNERS) D LIMITED D GENERAL I I ATTORNEY-IN-FACT I I TRUSTEE(S) I I GUARDIAN/CONSERVATOR I| OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: GRANT DEED OF WATER LINE EASEMENT NUMBER OF PAGES 8 (including this page) SIGNER(S) OTHER THAN NAMED DATE OF DOCUMENT Reproduced by First American Title Insurance 1/2001 Page 1 of3 EXHIBIT 'A' WATERLINE EASEMENT PR 06-105 Those certain parcels of land being portions of Lots 20 and 24 of Carlsbad Tract No. 03-01-01, La Costa Resort and Spa, according to Map thereof No. 14984, filed in the Office of the County Recorder of San Diego County on March 18, 2005, and a portion of Lot 2 of La Costa Condominium No. 4, according to Map thereof No. 6520, filed in the Office of the County Recorder of San Diego County on October 21, 1969, and a portion of Lot 36 of Carlsbad Tract No. 03-01-02, La Costa Villas, according to Map thereof No. 15108, filed in the Office of the County Recorder of San Diego County on September 19, 2005, and a portion of Costa Del Mar Road, as shown and delineated on the map of La Costa Condominium No. 3 according to Map thereof No. 6129, filed in the Office of the county Recorder of Sand Diego County, June 18, 1968 and also being shown and delineated on map of La Costa Condominium No. 4 according to Map thereof No. 6520, filed in the Office of the County Recorder of San Diego County on October 21, 1969; all in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A A strip of land 20.00 feet wide, lying 10.00 feet on each side and parallel with the following described centerline, COMMENCING at a point on the westerly line of said Lot 20, said point being a point on a non-tangent curve concave easterly and having a radius of 1437.00 feet, a radial line of said curve from said point bears North 89°07'36" East; thence along said westerly line and said curve northerly 439.35 feet through a central angle of 17031'04" to the TRUE POINT OF BEGINNING; thence non-tangent from said curve South 72051'23" East 46.96 feet to THE POINT OF TERMINUS. The sidelines of the above described easement are to be lengthened or shortened so as to terminate westerly in the westerly line of said Lot 20 and easterly at right angles to the Point of Terminus. CONTAINING: 0.022 acres, more or less. APN 216-590-11, 216-610-08 H:\PDATA\55100221\Admin\legals\221lgl-cmwd-water2and3.doc 10/4/2006 Page 2 of3 PARCEL B A strip of land 20.00 feet wide, lying 10.00 feet on each side and parallel with the following described centerline, COMMENCING at the southwest corner of said Lot 24; thence along the southwest line of said Lot 24, North 10°0r57" West 21.00 feet to a point on a non- tangent curve concave northwesterly and having a radius of 780.00 feet, a radial line of said curve from said point bears North 10°0r57" West, and the TRUE POINT OF BEGINNING; thence along said curve easterly 156.06 feet through a central angle of 11°27'48" to Point 'A1; thence continuing along said curve northeasterly 273.23 feet through a central angle of 20°04'13" to Point 'B1; thence continuing along said curve northeasterly 74.73 feet through a central angle of 05°29'23" to Point 'C'; thence continuing along said curve northeasterly 8.18 feet through a central angle of 00°36'02"; thence non- tangent from said curve North 87019'17" East 29.33 feet to the southerly line of Costa Del Mar Road as shown on said Map No. 6520. Also, A strip of land 10.00 feet wide, lying 5.00 feet on each side and parallel with the following described centerline, Beginning at Point 'A'; thence South 21°29'45" East 18.50 feet. Also, A strip of land 10.00 feet wide, lying 5.00 feet on each side and parallel with the following described centerline, Beginning at Point 'B1; thence South 41033'58" East 18.50 feet. Also a strip of land 20.00 feet wide, lying 10.00 feet on each side and parallel with the following described centerline, Beginning at Point 'C1; thence North 47°03'2r' West 81.00 feet to the northerly line of Costa Del Mar Road. The sidelines of the above described easement are to be lengthened or shortened to meet at angle points and to terminate westerly in the westerly line of said Lot 24 and easterly in the southerly right of way line of said Costa Del Mar Road, and northerly in the northerly right of way line of said Costa Del Mar Road. H :\PDATA\55100221 \Admin\legals\2211gl-cmwd-water2and3.doc 10/4/2006 CONTAINING: 0.285 acres, more or less. APN 216-590-14, 216-210-03 3623 Page 3 of3 This description was prepared by me or under my direction. Stephen RA Hawxhurst LS 7355 License expires 12/31/2007 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 Date 10/04/2006 JN 55-100221 H:\PDATA\55100221\Admin\legals\221lgl-cmwd-water2and3.doc 10/4/2006 200 300 SCALE: 1"=100'PARCEL (0.022 AC) N73°21'20"W(R /APN216-610-08 CMWD EASEMENT REC. NOVEMBER 18, 2005 . 2005-1001407,O.R. CT NO. 03-01-02 LA COSTA VILLAS MAP 15108 SEWER EASEMENT TO LCWD, REC. 7/9/65, F/P. 123282, O.R. CERTIFICATE OF COMPLIANCE 05-37 ,.\ REC. 12-22-2005 , DOC # 2005-1094979, O.R. / \ ,' N89\Or36^E(R)_ P.O'.C. PARCEL WB" (SEE SHEET 2) CT NO. 03-01-01 LA \COSTA RESORT AND SPA \ MAP 14934 CARLSBAD MUNICIPAL WATER DISTRICT PLAT APPLICANT: RBF CONSULTING 9755 CLAIREMONT MESA BLVD. STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: STEPHEN R. HAWXHURST LS.7355 EXPIRES: 12/31/2007 PROJECT: CT 03-01 LA COSTA RESORT & SPA PR 06-105 A.P.N.: 216-590-11, 14 216-610-08; 216-210-03 EXHIBIT "B" H:\POATA\55100221\CADO\>IAPPINO\fASEM€NTSV21CMW_07.DWG GUE1LOU 11/10/08 11:54 am ^=00°36'02" R=780.00' L=8.18' LA COSTA CONDOMINIUM NO. 4 N87°19'17"E MAP 6520 '29.33' LOT 2 APN 216-210-03 POINT 'C' S41°33'58"E(R) \ \ \ \ \ \, LS 7355 ' P 12-31-2007 18.50' LOT POINT 'B PARCEL "B BASIS OF BEARINGS IS THE WESTERLY LINE OF LOT 24 AS \ & SHOWN ON MAP NO. 14984 IE N10e01'57"W CERTIFICATE OF COMPLJAJNCE 05-37 REC. 12-22-2005 DOC # 2005-1094979, O.R. APN 216-590-18 LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT l\\\1 PARCEL "A" (0.022 AC)I;;:;:;;;:;;;| PARCEL "B" (0.235 AC) -/ / LCWD SEWER EASEMENT, / /^- REC. 7/9/65, / / F/P. 123282, O.R. / / CT NO. 03-01-01 K /LA COSTA RESORT AND SPA J\i \l I k I MAP 14934 LOT 4 .S21°29'45"E(R) 18.50' POII 'A'/,o -r/V / SDGE EASE., REC. 10/16/1956, BK.6301, P.162,O.R. \i .T.P.O.BA P.O.C. NSW COR LOT 24 -N10°01'57"W(R) !1.00' JHEET CARLSBAD MUNICIPAL WATER DISTRICT PLAT APPLICANT: RBF CONSULTING 9755 CLAIREMONT MESA BLVD. STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: STEPHEN R: HAWXHURST LS.7355 EXPIRES: 12/31/2007 PROJECT: CT 03-01 LA COSTA RESORT & SPA PR 06-105 A.P.N.: 216-590-11, 14 216-610-08; 216-210-03 EXHIBIT "B" H:\PO»T*\55l0022l\CAOO\M*PPING\E>SEUENTS\221CUM)_Oe.DWG GUEU.OU 11/10/W 11:55 am 3626 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated October 18, 2007, from La Costa Resort Co., LLC, 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 Board of Directors 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: March 27, 2008 SME«RY,tfREISINGER,peputy Secretary ,«^>X ^$™-&s>H*4'--'?'2&.^/r ^'^ir^/dT t^°^ ES{* |)g =