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HomeMy WebLinkAboutCUP 11-05; Marsaglia Properties LLC; 2012-0259554; EasementRECORDING REQUESTED BY FIRST AMERICAN TITLE National Commercial Services RECORDING-RbUUhS I bU Bfr-- 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].) MAY 03. 2012 8:00 AM 2P- NA 2319 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 213-263-24, 25 & 26 Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: CUP 11-05 PR 11-43 PIP 11-01 BRESSI RANCH LOT 10 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Marsaglia Properties, LLC, a California 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, 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 11\CUP 11-05 Production Facility at Bressi Ranch - Levy\Deeds-Easement\Grant Deed of Easement CMWD, revised 4-15-10, PR 11- 43.doc REV 4/15/10 1 2320 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. is ^'^davof \^mi^20n Executed by the Grantor this GRANTOR: Marsaglia Properties, LLC, a California limited liability company (sign here). (print name and tttle of signatory) (sign here) (print name and title of signatory) (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 11\CUP 11-05 Production Facility at Bressi Rancti - Levy\Deeds-Easement\Grant Deed of Easement CMWD, revised 4-15-10, PR 11- 43.doc REV 4/15/10 2 2321 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cgjifornia County of^j^y/lA oJ personally ii } 'fa:K'?y?;A?, before me, ^.^Y^^^^l^M^ f rsonally appeared^ Im M^l^nyk ^ 1 OFRCiAL SEAL JENNIFER L. TRin ^ NOTARY PUBLIC-CALIFORhHAi CX)MM. NO. 1866902 ^ SAN DIEGO COUNTY | MYJ^-J^'J^^'^ j who proved to me on the basis of satisfactory evidence to be the persort^whose nam&(^is/&i^ subscribed to the within instruiTi^t and acknowledged to me that \j(she/th«y executed the same in hi^er/t>tsir authorized capacity (1^, and that by hVherTm^i'' signature^Jon the instrument the persorlt^ or the entity upon behalf of which the person(si^te^, 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 Place Notary Seal Above Signatun OPTIONAL Though the information below is not required by law. it may prove valuable id persons relying on the document and could prevent fraudulent removal and reattachment of this fdrfn to another document. Description of Attacliei Title or Type of Document Document Date: ^ i Niimhfirnf 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 THUIVIBPRINT OF SIGNER Top of tiiumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of tfiumb here Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 -Chatsworth, CA 91313-2402.www.NationalNotary.org item #5907 Reorder: Call Toil-Free 1-800-876-6827 3-10. PR 11- 3 PR 11-43 '322 EXHIBIT "A" A PORTION OF LOT 10 OF CARLSBAD TRACT NO. CT 05-09 AS SHOWN ON MAP NO 15669, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 15, 2008 AS FILE# 2008-0019388 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 10; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 10 SOUTH 00°19'24" EAST A DISTANCE OF 51.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00°19'24" EAST A DISTANCE OF 20.07 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 84°45'49" WEST A DISTANCE OF 18.65 FEET; THENCE SOUTH 39°45'49" WEST A DISTANCE OF 30.00 FEET; THENCE SOUTH 84°45'49" WEST A DISTANCE OF 37.72 FEET; THENCE SOUTH 05°14'11" EAST A DISTANCE OF 44.39 FEET; THENCE SOUTH 84°45'49" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 05°14'11" WEST A DISTANCE OF 44.39 FEET; THENCE SOUTH 84°45'49" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 05°14'11" EAST A DISTANCE OF 22.82 FEET; THENCE SOUTH 84°45'49" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 05°14'11" WEST A DISTANCE OF 22.82 FEET; THENCE SOUTH 84°45'49" WEST A DISTANCE OF 154.54 FEET TO THE EXISTING PUBLIC UTILITY EASEMENT PER SAID MAP 15669; THENCE ALONG SAID EXISTING PUBLIC UTILITY EASEMENT NORTH 04°55'49" WEST A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EXISTING PUBLIC UTILITY EASEMENT NORTH 84°45'49" EAST A DISTANCE OF 208.86 FEET; THENCE NORTH 39°45'49" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 84°45'49" EAST A DISTANCE OF 28.65 FEET TO THE TRUE POINT OF BEGINNING. SHEET 1 OF 1 PALOUAR AIRPORT ROAD P.O.C. SCALE-! "=60' -——— i-'0\./rlt--r '-^ 0 15 30 60 LOT 9 LINE TABLE NO. BEARING LENGTH Z/ L2 LJ L4 L5 L6 L7 L8 L9 LW N00'19'24"W N00'W'24"ir N84'45'49"E NJ9'45'49"E N84'45'49"E N05'14'11"W N84'45'49"E N05'14'11"W N84'45'49"E N05'14'11"W L11 N84'45'49"E L12 N05'14'11"W Z/J N84'45'49"E L14 N04'55'49"tr L15 NJ9'45'49"E LW N84'45'49"E 51.51' 20.07' 18.65' JO. 00' J7. 72' 44. J9' 10.00' 44.39' 5.00' 22.82' 10.00' 22.82' 154.54' 20.00' 30.00' 28.65' EXISTING LANDSCAPE EASEMENT PER MAP 15669 L13 BASIS OF BEARING THE BASIS OE BEARING EOR THIS PROJEGT IS THE EAST LINE OE LOT 10 AS SHOWN ON GARLSBAD TRAGT GT 05-09, MAP NO 15669, EILED IN OEEIGE OE THE GOUNTY REGORDER, GOUNTY OE SAN DIEGO, STATE OE GALIEORNIA. REGORDED JANUARY 15, 2008 N00'19'24"W EXCEL ENGINEERING 440 STATE PiACE ESCONDIDO, CA 92029 PHONE (760) 745-8118 EXISTING PUBLIC UTILITY EASEMENT PER MAP 15669 MAP LOT 10 CT 05-09 P.E 15669 EXISTING LANDSCAPE EASEMENT PER MAP 15669 N EXISTING SDG&E EASEMENT PER~ ^' INST. NO. 2005-0294004, O.R. GATEWAY ROAD WATER EASEMENT FOR BRESSI RANCH LOT 10 PR 11-4J SHT 1 OF 1 REQUESTED BY OTY OF CARLSBAD 1635 FA/^Y AVENUE CALRSBAD, CA 92008 PHONE (760) 602-2740 PREPARED BY D. LEVIN EXP 06/30/13 EXHIBIT B A.P.N 213-263-24 25 & 26 REVISED 01/20/2012 2321 CERTiFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property cx)nveyed by the Grant Deed of Easement dated March 29. 2012. from Marsaglia Properties, 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: April 27, 2012 FREISir)*GBR, Deputy Secretary