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Home My WebLink AboutCT 72-34; Al Investments, LLC; 1999-0056296; EasementAL INVESTMENTS, LLC RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carisbad, California 92008 MAIL TAX STATEMENTS TO: Feb 01. 1999 8-36 RH FEES: 0.00 oc: NII EXEMPT .. Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 215-504-11 Documentary transfer tax is $o.oO Project No. & Name 88-C.266. Sunrise La Costa )computed on full value of property conveyed, or )computed on full value less value of liens and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT Assisted Livinq. Lot 1. C.T. 72-34. Unit No. 1 ) Unincorporated area: (x) City of Carlsbad , and receipt of which is hereby acknowledged. cA3\54 GRANT DEED OF WATER LINE EASEMENT ~~~ ~~~ ~ ~ ~ AL INVESTMENTS, LLC, a Virginia Limited Liability Company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 1 10/20/97 Rev. 2'359 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 facilib 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 andor 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 "8" attached hereto and by this reference made a part hereof. Executed by the Grantor this llth day Of January , 19%. GRANTOR AL INVESTMENTS, LLC, a Virginia Limited Liability (name of grantor) Sunrise Assisted Living Investments, Inc., &aw - (titie 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 Carporation 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 ai partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: CMWD 886.266 10/20/97 Rev. 2 2360 STATE OF GWWf+M% COUNTY OF FA1 IL FA% VrPGJNiA 1 personally appeared -fhn,uas 3. h/&u/e/I UAd hf, kfLrctrsw NAME(S) OF SIGNER@) xpersonally known to me - OR - proved to me on the basis of sa!isfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hisiherhheir 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. L&& ConTnission Expires: &/31/99 (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 88-C.266 06/14/95 Rev. EXHIBIT 'A' 2361 LEGAL DESCRIFTON THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF LOT 1 OF CARLSBAD TRACT #72-34 (RANCHO LA CUESTA) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8350, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 29, 1976, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1, SAID POINT BEING AT THE SOUTHERLY END OF A LINE WCH BEARS NORTH O"44'11" EAST 505.53 FEET AND A POINT ON A TANGENT 570.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND THE WESTERLY LINE OF SAID LOT THROUGH A CENTRAL ANGLE OF 2"15'18" A DISTANCE OF 22.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 85"44'13" EAST EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 88"33'37" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14O47.57" A DISTANCE OF 52.43 FEET; THENCE TANGENT NORTH 13"21'34" EAST 14.44 FEET TO A TANGENT 143.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58"49'46" A DISTANCE OF 146.83 FEET; THENCE NON-TANGENT SOUTH 82.:35'03" EAST 365.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 9"22'19" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 3"00'00" WEST 70.58 FEET; THENCE SOUTH 45"55'28" EAST 36.84 FEET; THENCE SOUTH 44"04'32" WEST 20.00 FEET; THENCE NORTH 45"55'28" WEST 38.08 FEET; THENCE NORTH 82"35'03" WEST 77.49 FEET TO A POINT ON A NON-TANGENT 123.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 19"49'17" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 66"50'13" EAST 2.58 FEET; THENCE SOUTH 18"23'58" WEST 20.00 FEET; THENCE NORTH CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 715~21'51" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF O"16'35" A DISTANCE OF 0.59 FEET; THENCE TANGENT SOUTH 13"21'34" WEST 14.44 FEET TO A TANGENT 183.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52"19'23" A DISTANCE OF 167.12 FEET TO A POINT ON A COMPOUND 108.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAlD CURVE THROUGH A CENTRAL ANGLE OF 3'52'47" A DISTANCE OF 7.31 FEET; THENCE NON-TANGENT NORTH 47"09'24" 2.52 FEET; THENCE SOUTH 48"17'01" EAST 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG 54.12 FEET TO A POINT ON A NON-TANGENT 203.00 FOOT RADIUS CURVE, CONCAVE 74.66 FEET; THENCE NORTH 3"00'00" EAST 66.00 FEET TO A POINT ON A NON-TANGENT CENTRAL ANGLE OF 3"09'04" A DISTANCE OF 20.07 FEET; THENCE NON-TANGENT SOUTH ANGLE OF 47"00'56" A DISTANCE OF 100.93 FEET; THENCE NON-TANGENT SOUTH 76"21'51" WEST 2.58 FEET TO A POINT ON A NON-TANGENT 123.00 FOOT RADIUS CURVE, FEET; THENCE SOUTH 36"16'34" WEST 2.52 FEET TO A POINT ON A NON-TANGENT 108.00 2362 THE ARC.OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16"11'51" A DISTANCE OF 30.53 FEET; THENCE TANGENT SOUTH 69"55'17" EAST 49.53 FEET TO A TANGENT 123.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24"19'02" A DISTANCE OF 52.20 FEET; THENCE TANGENT NORTH 85"45'41" EAST 4.36 FEET TO A TANGENT 103.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45"07'13" A DISTANCE OF 81.11 FEET; THENCE NON-TANGENT NORTH 49"21'32" WEST 27.36 FEET; THENCE NORTH 37"08'24" EAST 20.00 FEET; THENCE SOUTH 52"51'36" EAST 12.29 FEET; THENCE NORTH 82"08'09" EAST 28.54 FEET; THENCE SOUTH 7"51'51" EAST 21.25 FEET; THENCE SOUTH 37"08'24" . WEST 20.54 FEET TO A TANGENT 123.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48"31'17" A DISTANCE OF 104.38 FEET; THENCE TANGENT SOUTH 85"45'41" WEST 4.36 FEET TO A TANGENT 143.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24"19'02" A DISTANCE OF 60.69 FEET; THENCE TANGENT NORTH 69"55'17" WEST 49.53 FEET TO A TANGENT 128.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30"57'28" A DISTANCE OF 69.16 FEET TO A COMPOUND 203.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NOR-TERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31"52'37" A DISTANCE OF 112.94 FEET; THENCE NON-TANGENT SOUTH 85"44'13" WEST 54.73 FEET TO TANGENT 570.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 86"28'12" WEST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLEOF 2"00'41" A DISTANCE OF 20.01 FEET TO THE TRUE POINT OF BEGWNING. CONTAWING 18,199 SQUARE FEET, MORE OR LESS. A POINT ON THE WESTERLY LINE OF SAID LOT 1, SAID POINT ALSO BEING ON A NON- A PLAZA CAMINO REAL (PUBLIC) AVIARA PKWY ... ... .. SEE SHEET 2 MAP 8350 SEE SHEET 3 THE BASIS OF BEARINGS IS A PORTION OF THE CENTERLINE OF EL CAMINO REAL AS SHOWN ON MAP NO. 8350. LE. NORTH 734'00' WEST. SCALE. 1' = I\ I &ASSOCIATE$ 1 I.lll.r.1. C..,.?.ll* EASEMENT PLAT - CITY OF CARLSBAD EXHIBIT 'B' SHEET 1 OF 2 1280EASl.D\ UDEK & A,SS,OCAiTES, INC. L, ..?on .. ,. .. / N663'13%fR) 2.58' 182358'E 20.00' .. l 2365 .. . 2366 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated January 11 , 19L9, from AL INVESTMENTS. LLC to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: January 19, 1999 CMWD 884.266 KAREN R. KUNDTZ, Assistant Secretary U 11/03/97 Rev. - -. 2367 .. GENERAL CERTIFICATE AS TO RESOLUTIONS, OF '. LIMITED LIABILITY COMPANY OCT I 6 1998 AL Investments, L.L.C. A Virginia Limited Liability Company It is hereby certified that: 1. The undersigned is the Managing Member of AL Investments, L.L.C., a Virginia limited liability company (the "LLC") organized and existing in good standing under the laws of the Commonwealth of Virginia, and qualified to do business in the State of California, which LLC is the owner of that certain real property located south west of the intersection of Alga Road and El Camino Real, Carlsbad, California, on which is being constructed an assisted living facility to be known as Sunrise Assisted Living of Carlsbad. 2. The following is a true and correct copy of a resolution that was duly adopted by the LLC in accordance with the LLC's Operating Agreement, and that the same resolution is now in full force and effect: RESOLVED, that the members of AL Investments, L.L.C hereby authorize James S. Pope, an authorized representative of Sunrise Assisted Living Investments, Inc., the sole Managing Member the LLC, to sign and deliver on behalf of and in the name of the LLC or the Managing Member all documents andor applicable forms relating to the easement documents for the Carlsbad Municipal Water District. 3. This resolution is effective as of the 25" day of July and shall remain in full force and effect until the execution of an instrument revoking the same. IN WITNESS WHEREOF, I have hereunto set my hand, effective this 25" day of July, 1998. Sunrise Assisted Living Investments, Inc., a Virginia corporation, Managing Member 1- * ThZB. Newell, Executive Vice President -1-