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HomeMy WebLinkAboutCT 05-19; Carlsbad Medical Village; 2007-0244260; EasementRECORDING 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 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) DQC# 2007-0244260 APR 11, 2007 3:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G REG 0 RY J .SMITH, CO U N TY R E CD R D E R FEES: 0.00 OC: NA PAGES: 9 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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.: 156-190-53 & 54 Project No. & Name: CT 05-19 CARLSBAD MEDICAL VILLAGE CARLSBAD MUNICIPAL WATER DISTRICT David Mauser, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT Carlsbad Medical Village, LP, a California limited partnership 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 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 13994 '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 privat;3, 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 ^7 day of £4*2^20 0(> . GRANTOR: Carlsbad Medical Village, LP, a California limited partnership BY: Goldentop Development I, LLC a Calif. Limited Liability Co. its General Partner By: (sign here) Russell Ries, Managing Member (print name and title of signatory) _By: (sign here) (print name and title of signatory) By: (sign here) By: (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 Hi/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 13995 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •t&<!m®G$^&&®&&3&G$>&!^£^^ State of California County of ss. On Date personally appeared before me, \ \ Name and Title o r (e.g.V'Jane Doe' Notary Public") jftJ?iiC Name(s) of Signer(s) D personally known to me to me on the basis of satisfactory evidence MICHELLE LEIGH TUPPER Commission # 1652666 Notary Public - California San Diego Courty My Comm. Expires Apr 16. to be the person^) whose subscribed to the withers instrument and acknowledged to me/^tQig/stle/thfey executed the same in £msjAer/tryeir authorized capacity(i^s), and that by ^m^Ai^r/thie'ir signature^) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and officia[_seal.' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: QnS.vrJ-- Otosf Document Date: Signer(s) Other Than Named Above: Number of Pages: c3 ( r\c a-kj Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: • RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing^ 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Reorder: Call Toll-Free 1-800-876-6827 13996 CERTIFICATION PURSUANTTO GOVERNMENT CODE SECTION 27361.7 Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. Date Signature of Declarant f. Type or Print Name 4/84 Recorder Form EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT DEDICATION PR 06-92 BEING A PORTION OF TRACT 119 OF CARLSBAD LANDS, RECORDED MARCH 1,1915 AS MAP NO. 1661 AND GRANT DEED RECORDED JUNE 10,2005 AS INSTRUMENT NO. 2005-0487380 OF OFFICIAL RECORDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF CARLSBAD VILLAGE DRIVE (FORMERLY ELM AVE.) AS PER PARCEL MAP 9739, BEING ALSO THE BEGINNING OF A TANGENT 1158.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE 1. NORTHEASTERLY 32.37 FEET THROUGH A CENTRAL ANGLE OF 01°35'49" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 2. NORTHEASTERLY 20.00 FEET THROUGH A CENTRAL ANGLE OF 00°59'22"; THENCE LEAVING SAID RIGHT OF WAY LINE 3. SOUTH 46°08'41" EAST 34.48 FEET; THENCE 4. SOUTH 43°42'56" WEST 20.00 FEET; THENCE 5. NORTH 46°08'41" WEST 34.53 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.016 ACRES MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. '07 RUDY P. PACHECO LS 5717 EXP. 09-30-07 605WTRESMT-LEG.DOC Page 1 EXHIBIT 'B' 13998 LEGAL DESCRIPTION: PORTION OF TRACT 119 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD , COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, AS MORE PARTICULARLY DESCRIBED IN THE GRANT DEED RECORDED JUNE 10, 2005 AS INSTRUMENT NO. 2005-0487380 OF OFFJC/AL RECORDS. OWNER/DEVELOPER CARLSBAD MEDICAL VILLAGE, LP. 9225 DOWDY DRIVE, SUITE 106 SAN DIEGO, CA 92126-6364 TEL. NO. (858) 271-4520 PROJECT LOCATION ADDRESS: SOUTH WEST CORNER CARLSBAD VILLAGE DR. AND HIGHLAND DR. CARLSBAD, CA. APN N0(s) 156-190-53-00, 156-190-54-00 PARTNERS Planning and Engineering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858) 376-3444 Fax: (858) 376-3555 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION: RUDY P. PACHECO, LS. NO. 5717 UY REGISTRA T10N EXPIRES 09/30/07 PACIFIC OCEAN VICINITY MAP NOT TO SCALE CARLSBAD MUNICIPAL WATER DISTRICT DATE:8-31-06 SCALE: /" = 60' DRAWN BY:PPE WATER EASEMENT PLAT PR 06-92 PORTION OF TRACT 119 OF CARLSBAD WETLANDS CARLSBAD MEDICAL VILLAGE A.P.N.156-190-54 SHEET:1 OF 3 605WTRESMT.dwg 12-27-06 1:45:54 pm EST EXHIBIT 'B'13999 TIT R/W P.O.B. D=01'35'49 K. R=1158.00' h L=32.27' * PORTION OF TRACT 119 OF CARLSBAD LAND MAP NO, 1881 NO, 2005-0487380 REG, JUNE 10, 2005 OFFICIAL RECORDS 0 JO 60 N55'54'02"E 87,54' 87.83'> PORTION OF TRACT 119 MAP NO, 1661 DEED NO, 96-0554554 R£C, 11-01-96 120 PORTION OF TRACT 119 =J| MAP NO, 1661 ^\ 8 D£ED NO, 96-0357665 *' S REG, 07-17-99 GRAPHICAL SCALE — EXIST. PROPERTY UNE W\ INDICATES WATER EASEMENT MDEDICATED WITHIN TRACT 119 AREA=690.70 SF (0.016 AC) [ PORTION OF TRACT 119 MAP NO, 1881 D££D NO, 90-531239 R£C, 09-23-90 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF HIGHLAND DRIVE, AS DEPICTED ON PARCEL MAP NO. 9739 I.E. N33'59'51aW.P. O.B. = POINT OF BEGINNING T.P.O.B. = TRUE POINT OF BEGINNING (R) = INDICATES RADIAL BEARING ( ) = INDICATES DATA FROM PARCEL MAP 12343 < > = INDICATES DATA FROM GRANT DEED DOC. NO. 2002-0739120 AND NO. 2005-0487380 O.R. CARLSBAD MUNICIPAL WATER DISTRICT DATE:8-31-06 SCALE: 1" = 60' DRAWN BY:PPE WATER EASEMENT PLAT PR 06-92 PORTION OF TRACT 119 OF CARLSBAD WETLANDS CARLSBAD MEDICAL VILLAGE A-PM 156-190-54 SHEET:2 OF 3 605WTRESMT.dwg 12-27-06 1:45:54 pm EST EXHIBIT 'B' PORTION OF TRACT 119 or CARLSBAD LAND MAP NO, 1881 D££D NO, 2005-0487380 R£C, JUNE 10, 2006 OFFICIAL RECORDS 0 JO 60 ESMT. FOR SLOPE CONSTRUCTION GRANTED TO THE CITY OF CARLSBAD PER DOC. REC. 02/08/1967 AS F/N 67-17040 O.R., ESMT. FOR TREES A SHRUBS GRANTED TO THE CITY OF CARLSBAD PER DOC. REC. 06/27/1968 AS F/N 68-108282 O.R. N55"54'02"E 87.54' \ [<N55"27'00~E 87.8J'> PORTION OF TRACT 119 MAP NO, 1681 NO, 98-0554584 11-01-98 120 180 PORTION OF TRACT 119 MAP NO, 1881 NO, 98-0357885 R£C, 07-17-99 GRAPHICAL SCALE \ \ PORTION OF TRACT 119 \ MAP NO, 1881 D££D NO, 90-531239 R£C, 09-28-90 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERUNE OF HIGHLAND DRIVE, AS DEPICTED ON PARCEL MAP NO. 9739 I.E. N33'59'5rw. (SEE SHEET 2 OF 3 FOR LEGEND) CARLSBAD MUNICIPAL WATER DISTRICT DATE:8-31-06 SCALE: 1" = 60' DRAWN BY:PPE WATER EASEMENT PLAT PR 06-92 PORTION OF TRACT 119 OF CARLSBAD WETLANDS CARLSBAD MEDICAL VILLAGE A.P.N. 156-WO-54 SHEET:3 OF 3 GOSWTRESMT.dwg 12-27-06 1:45:54 pm EST 14001 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated December 27. 2006. from Carlsbad Medical Village, LP. 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: February 23. 2007 RONNA STICKROD, DeDu,ty, Secretary