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HomeMy WebLinkAboutCUP 10-10; Wave Crest Oceanfront LLC; 2012-0788059; EasementRECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 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].) DOCtt 2012-0788059 linn iniii DEC14,2012 11:28 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 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 213-110-16 Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: CUP 10-10 PR 12-25 Carlsbad Kingdom Hall GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDEFiATION, receipt of which is acknowledged, I (We), Palomar Congregation of Jehovah's Witnesses, Vista, California, Inc., a California Non-Profit Religious Corporation, 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, a public water easement. Purpose: the public water 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 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 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - Bobbett\PR 12-25\PR 12-25 Grant Deed of Easement CMWD 091812.doc 1 REV 4/15/10 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". Exhibit "B" is attached for clarity only. , Executed by the Grantor this 0 day of 20 ^ . GRANTOR: Palomar Congregation of Jehovah's Witnesses, Vista, California, Inc., a California Non-Profit Religious Corporation (sign here) David Perpich, President By: (sign here) Gary Hulbert, Secretary (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one 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.) Q \CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - Bobbett\PR 12-25\PR 12-25 Grant Deed of Easement CMWD 091812.doc REV 4/15/10 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On n-r-i>- Date personally appeared } before me, Here Insert Name and Title of the Officer Name(s) of Slgner(s) CMMliMlM#1l490ie Notify PiiMto • CiMwnii SM Oii90 CMMly I Place Notary Seal Above 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. 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. . fflgnature of Notary Public ^ OPTIONAL Though the infonnation 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner—• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: • . RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): __ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb h6re ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cfiatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Ftpe 1-800-876-6827 3 REV 4/15/10 EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC WATER EASEMENT PORTION OF PARCEL 2, PM 20174 MINOR SUBDIVISION 05-05 PR 12-25 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 20174 FOR MINOR SUBDIVISION NO. 05-05, LA COSTA GREENS NEIGHBORHOODS 1.2 AND 1.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 20174 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 20, 2006 AS FILE NO. 0901065, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF CAMINO VIDA ROBLE WITH EL CAMINO REAL AS SHOWN ON SAID PARCEL MAP NO. 20174; THENCE ALONG SAID CENTERLINE OF CAMINO VIDA ROBLE SOUTH 68°55'00" EAST 180.90 FEET TO THE CENTERLINE TERMINUS AND THE CENTER OF A 50.00 RADIUS CURVE CONCAVE NORTHWESTERLY HAVING A CENTRAL ANGLE OF 213°02'40"; THENCE NORTH 42°07'47" EAST 50.00 FEET RADIALLY TO A POINT ON SAID 50.00 FOOT RADIUS CURVE OF CAMINO VIDA ROBLE BEING THE TRUE POINT OF BEGINNING; THENCE LEAVE^JG SAID CURVE NORTH 21°17'02" EAST 75.04 FEET; THENCE NORTH 01°12'58" WEST 72.61 FEET; THENCE SOUTH 35°49"19" WEST 2.29 FEET; THENCE SOUTH 18°27'39" WEST 10.30 FEET; THENCE NORTH 71°32'21" WEST 10.00 FEET; THENCE NORTH 18°27'39" EAST 17.49 FEET; THENCE NORTH 35°49'19" EAST 7.11 FEET; THENCE NORTH 54°10'41" WEST 27.79 FEET; THENCE SOUTH 35°49'19" EAST 10.00 FEET; THENCE NORTH 54°10'41" EAST 7.79 FEET; THENCE SOUTH 35°49'19" EAST 17.95 FEET; THENCE SOUTH 01°12'58" EAST 82.82 FEET; THENCE SOUTH 21°17'02" WEST 93.01 FEET TO A POINT ON SAID 50.00 FOOT RADIUS CURVE OF CAMINO VIDA ROBLE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 24.66 FEET THROUGH A CENTRAL ANGLE OF 28°15'15" TO THE TRUE POINT OF BEGINNING. CONTAESfS 3854 SQ. FT., MORE OR LESS EXHIBIT 'B' PUBLIC WATER EASEMENT, PORVON OF PARCEL 2, PM 20174 CARLSBAD MINOR SUBDIVISION 05-05 SHEET 1 OF 2 r PROPERTY IM DATA m A/BEARIHG Nsrsi'oo'w RAm LENGTH LI A/BEARIHG Nsrsi'oo'w — 150.85' L2 N20'44'00'W — 166.66' LJ N6916'25'E — 32.03' L4 N29'51'J4'E — 104.11' L5 N0516'0J'E — 160.56' L6 NOSV'U'W — 164.64' L7 N20'49'20"E — 138.41' L8 N36'36'47"E — 165.74' L9 N50'21'21'E — 145.52' LW NJ6'24'40"E -359.83' UI N36'23'57'E — 30.20' L12 N60'23'54'W — 90.08' U3 N2770'50"E — 658.71' LU N08V8'40'E — 13.76' a 4I15'26' 25.00' 18.00' U5 N68'55'00'W — 5.91' C2 W'31"20' 90.00' 25.95' U6 N52'23'40'W — 50.00' C3 2i3'02'40' 50.00' 185.92' U7 N85'26'20'W — 50.00' C4 W'3r20' 90.00' 25.95' U8 N68'55'00'W — 5.95' C5 8813'49' 25.00' 38.50 C6 2'00'25' 1863.08' 65.26' C7 W'09'56" 65.00' 11.53' LW N27'34'38'E — 41.75 C8 1219'48' 85.00' 18.29' C9 r50'39' 1,874.08' 60.32' CW 18'24'05' 60.00' 19.27' L20 N04'59'55'W — 20.84' C11 W'51'20' 40.00' 11.77' C12 03'42'17' 1,863.08' 120.47' ^L21 N08'09'08'E — 187.81 PROJECT NAME: CARLSBAD KINGDOM PROJECT ID.: CUP 10-W PR 12-25 APH: 213-110-16 BASIS OF BEARINGS: THE CENIERUNE OF CUL DE SAC OF CAMINO WA ROBLE AS SHOWN PER PARCEL MAP NO 20174. IE N SB'Sd'OO'W L3 DETAIL 'A' SEE SHEET 2 FOR EASEMENT SAMPO ENGINEERING, INC. 1034 SECOND STREET ENCINITAS. CA 92024 TEL: (760) 436-0660 FAX: (760) 436-0659 HALL EXHIBIT B' PUBLIC WATER EASEMENT, PORVON OF PARCEL 2, PM 20174 CARLSBAD MINOR SUBDIVISION 05-05 SHEET 2 OF 2 f A ) BASIS OF BEARINGS' THE CENIERUNE OF CUL DE SAC OF CAMINO WA ROBLE AS SHOm PER PARCEL MAP NO 20174. I.E N 68'55'00' W DETAIL A SAMPO ENGINEERING, INC. 1034 SECOND STREET ENCINITAS, CA 92024 TEL: (760) 436-0660 FAX (760j 436-0659 JM U-i08 MNGSON HALL 9^/12 CERTIFICATION FOR ACCEPTANCE OF DEED fCMWD) This is to ceilify that the interest in real propeily conveyed by the Grant Deed of Easement dated November 8. 2012. from Palomar Congregation of Jehovah's Witnesses. Vista. California. Inc.. a California Non-Profit Religious Corporation 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: December 7, 2012 \ Jv^ SITERR^^REISINGE Senior Deputy Secreta