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HomeMy WebLinkAboutCT 14-10; Institutional Multifamily Partners LLC; 2018-0402583; EasementRECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOC# 2018-0402583 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Sep 27, 2018 09:14 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PCOR NIA PAGES 8 The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 215-840-03-00 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 Project ID: _C_T_1_4-_1_0 ____ _ Related Project ID: PR 2018-0004 Related Project ID: Project Name: Poinsettia 61 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Institutional Multifamily Partners, LLC, a California limited liability company (FKA, Western Multifamily LLC, a California limited liability company, FKA, SSR Western Multifamily LLC, a California limited liability company) ("Granter"), the owner of real proper!Y described herein located in the City of Carlsbad, San Diego County, California, hereby GRANTS to City of Carlsbad, a Municipal Corporation ("Grantee") the following described real property in the City of Carlsbad, County of San Diego, State of California: a non-exclusive easement over, under, upon and across the real property described on Exhibit "A" attached hereto and made a part hereof (the "Easement Area"), for the purpose of installing, operating, maintaining, repairing and replacing a municipal sewer line and attendant equipment. Exhibit "B" is attached to further depict the Easement Area but is included for clarity only. This Easement shall be subject to all existing rights, reservations, restrictions, covenants, easements and other matters of record affecting the Easement Area. For the avoidance of doubt, nothing contained herein shall limit Grantor's ability to grant easements or licenses or other rights to third parties within the same area of the Easement Area, provided that such rights to not unreasonably interfere with or materially hinder Grantee's use of the Easement Area pursuant to this Grant Deed of Easement. Granter reserves the right to utilize the Easement Area for purposes not inconsistent with Grantee's use of the Easement Area as granted hereby. Grantee agrees to refrain from constructing, installing, or placing any permanent above-ground structures of any kind on or in the Easement Area. All improvements owned, constructed, placed or permitted within the Easement Area by Grantee shall be maintained by Grantee. Grantee shall assure that all work performed by it within the Easement Area is promptly paid for in full, and that no liens are imposed upon the Easement Area or any other portion of Grantor's Property as a result of Grantee's exercise of its rights hereunder. In the event that any lien arises or is imposed upon Grantor's Property or any portion thereof as a result of Grantee's exercise of its rights hereunder, Grantee shall promptly upon demand by Granter or within fifteen (15) days, whichever is sooner, pay or otherwise remove any such lien. Grantee shall require that all contractors performing any work in the Easement Area shall be insured in accordance with the Grantee's customary insurance requirements for public works contractors, as in effect at the time of such work. Grantee shall be solely responsible for the condition of any improvements installed by Grantee or the Grantee Parties within the Easement Area, and Granter shall have no responsibility to Grantee or the Grantee Parties, or their 33lf respective successors or assigns, with respect to the condition of or any damage to the same, except to the extent caused by the negligence or willful misconduct of Grantor or the Grantor Parties. GRANTOR: Institutional Multifamily Partners, LLC A California limited liability company By: Windsor Advisers Ill LLC, a Delaware limited liability company, its Manager 17v/~ /~' By: ~-.'-L.±.--~-----------• (Sign Here) Mark Conopka, Vice President (Print Name and Title Here) GRANTEE: (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 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. State of California ) Countyof b:tt\ D~ I On ~ id .Stp,l1 ~fore me KP(Q,nfl.l' J Oll0 ~f. /WJ,(_ Date \ Here Insert Name ana Titleoft ~ Officer personally appeared v~ .s. (;,e \deft: '---Name(s) of Signer(s) 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. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~i"",a(1_,..,._.Ma,=-.!!~--"'---'""----F-Ag+-"L-#-~--=-------Signatureof~ --------------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: ________ _ &W/¢!00'§\Q§\(<)1!?/<)'®,~.e@':!?M!AAiMYo'!Y¢if¢?,M,MY,)@~~~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 COMMONWEAL TH OF MASSACHUSETTS ) ss. COUNTY OF SUFFOLK ) On~1·9i ,,; :: ~ , ~ before me, IJ( i1 J !) f~~~rrc~:f. , Notary Pubhc, personally appeared ,,yl 3C¾ Cc, v 'Oh 3 .'v I c-e 11"c<:d dr, Jt, personally known to me or proved to me on the basis of satisfactory evid6nce tci 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. WITNESS my hand and official seal. Notary Pub. ic ' (SEAL) EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT PR 2018-0004 A PORTION OF PARCEL "A" OF THE CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 11, 1998 AS FILE NO. 1998-0806519, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA OF OFFICIAL RECORDS, SAID PARCEL "A" BEING THE CONSOLIDATION OF LOTS 1 AND 2 ACCORDING TO MAP THEREOF NO. 13434, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 23, 1997 AS FILE NO. 97-292740 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF SAID PARCEL "A"; THENCE, ALONG THE EAST LINE OF SAID PARCEL "A", NORTH 00°42'22" WEST 852.40 FEET; THENCE, CONTINUING ALONG THE SAID EAST LINE, NORTH 00°33'17" EAST 6.50 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 54°07'19" WEST 19. 78 FEET TO THE EAST LINE OF THAT GENERAL UTILITY AND ACCESS EASEMENT DEDICATED ON SAID MAP 13434; THENCE, ALONG THE EAST LINE OF SAID EASEMENT, NORTH 47°19'40" EAST 12.31 FEET; THENCE, CONTINUING ALONG SAID EAST LINE, NORTH 3°09'02" EAST 9.43 FEET; THENCE, LEAVING SAID EAST LINE, SOUTH 54°07'19" EAST 8.26 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL ''A"; THENCE, ALONG SAID EAST LINE, SOUTH 00°33'17" WEST 24.51 FEET TO THE TRUE POINT OF BEGINNING. AREA= 239.90 SQUARE FEET MORE OR LESS ffiQ] DATE REC. I EXHIBIT 'B' LEGAL DESCRIPTION PORTION OF PARCEL :4' OF THE CERTIFICATE OF COMPLIANCE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED DECEMBER !!, 1998 AS FILE NO. 1998-0806519 OF OFFICIAL RECORDS EXISTING EASEMENTS DOC NO. I BENEFICIARY NATURE OF EASEMENT 1 7-23-19971 F/N 97-292740, MAP 13434 I CITY OF CARLSBAD GENERAL UTILITY & ACCESS 2 12-17-19621 2710 Loker Ave. West, Suite 100 Carlsbad, California 92010 760-931-7700 ODayConsultants.com APPLICANT DOC. No. 214594 I PACIFIC TELEPHONE PUBLIC U TILi TIES CITY OF OCEANSIDE PACIFIC OCEAN SEWER EASEMENT EXHIBIT 'B' VICINI TY MAP NOT TO SCALE DA TE: JANUARY 5, 2018 SHEET 1 OF 2 SHEETS LENNAR HafES, 25 ENTERPRISE, STE. JOO AI.JSO 1-fEJJ, CA., 92656 -iiRflf otff if ~lzy;t PR 2018-0004 A.P.N. 215-840-03 RC£ 32014 EXP. 12 '31 18 EXHIBIT 'B' LEGEND SUBD/VSION BOUNDARY ............ ------- EXISTING LOT LIN£ ............... . EXISTING £AS£M£NT LIN£ ......... . EXISTING £AS£M£NT NUMBER...... [I] £AS£M£NT AREA TO 8£ -------. D£DICAT£D (239.90 SF) ........... ~ ~ ,, • ~G ,, .~ \'?'(). I f<.'v~..;;1 I 1, ~v~t~~eo\j<o ~ ' 1 1 ~'?'A~ Rf~ "'i ----------.._/ v P, N 0JV9'o2" £-I I : ~'\ \.~ 9. 43' I v~ I I 2710 Loker Ave. West, Suite 100 Carlsbad, California 92010 760-931-7700 ODayConsultants.com APPLICANT LENN/ii? HafES, 25 ENTERPRISE, STE. JOO ALISO ~E.K), CA, 92656 I N 4779'40" £-) 12.31' I I I I 4 I SEWER EASEMENT EXHIBIT 'B' S 54V7'!9" £ 8.26' N 0'42'22"" W 852.40' o· 25' 50' SCALE: 1" = 50' DATE: JANUARY 5, 2018 SHEET 2 OF 2 SHEETS PR 2018-0004 A.P.N. 215-840-03 , CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated August 22, 2018, from Institutional Multifamily Partners, LLC, a California limited liability company, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, 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: September 19, 2018 ~!me_~ Tamara R. McMinn Deputy City Clerk {SEAL)