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HomeMy WebLinkAboutCUP 11-06; Surya LP; 2013-0233587; 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].) DOC# 2013-0233587 II APR 15, 2013 11:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE 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. Assessor's Parcel No. Project ID Related Project ID Related Project ID Project Name 213-091-06 CUP 11-06 PR 12-29 Fairfield Inn GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Surya LP, A California Limited Partnership, 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. Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\Deeds-Easement\Grant Deed of Easement CMWD, PR 12-29.doc 1 REV 4/15/10 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 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 _ day of /WrUcM 20/5 GRANTOR: Surya LP, A California Limited Partnership By: (sign here) Neil Patel, General Partner (print name and title 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 11-06 Fairfield Carlsbad - Rick\Deeds-Easement\Grant Deed of Easement CMWD, PR 12-29.doc 2 CALIFORNIA ALL-PURIHISE ACKNOWLEDGMENT State of California County of jSaiLOte^ } On tr^atdnZl.aOl3 before me. l<»kia IMW ^Orq aOV J\nGt>l pUb\tCL Date Here Insert Name and Title of the Oflicef » ' personally appeared ^\ NaiT)e(s) of Signer($) who proved to me on the basis of satisliactory 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(les), 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 Pkm N<Maiy Seal ASxm Signature. OPTIONAL - aUrs of Notary Putili 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 fonn to another document. Description of Attached Doeument Title or Type of Document: Document Date: Number of Pages:, Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: • Individual O Corporate Officer—Tftle(s): • Partner —• Limited O General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thurtt) here Signer's Name: • Individual • Corporate Officer — Tjtle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT Top of thumb here ©aOOTI^taSonal l^otaiy AssodaMon* 8360 De S<*o Ave., RCBCSK 2402*Chateworth,CA 91313*2402•www.NaBonalNotssyorg Item #£807 ReonJerCaHToM-fijBe 1-600^6-6827 REV 4/15/10 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: (y^^ell^CL ^^nn ddrCkyLL^ Commission Number: / ^^33?^ Date Commission Expires: ^3-/S County Where Bond is Filed: Manufacturer or Vendor Number: ft- "i- (Located on both sides of the notary seal border) Signature: City of Carlsbad Place Of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: ^ Rec. Form #R10 (Rev.7/96) EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT DEDICATION PR-12-29 A PORTION OF LOTS 15 AND 16 OF CARLSBAD TRACT NUMBER 80-38 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10198 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 1981 AS FILE NO. 81-294627, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF A PARCEL DEPICTED ON RECORD OF SURVEY NO. 13878, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1992 AS FILE NO. 92-527123, THENCE EASTERLY ALONG THE NORTHERLY 144.00 FOOT RADIUS CURVE OF SAID LOT 16, CONCAVE NORTHERLY, THE RADIAL OF WHICH BEARS NORTH 04°32'32" EAST, A DISTANCE OF 15.61 FEET THROUGH A CENTRAL ANGLE OF 06°12'38" TO TRUE POINT OF BEGINNING NUMBER 1. THENCE CONTINUING ALONG SAID NORTHERLY 144.00 FOOT RADIUS CURVE A DISTANCE OF 20.02 FEET THROUGH A CENTRAL ANGLE OF 07°57'51"; THENCE LEAVING SAID CURVE SOUTH 05°39'05" EAST A DISTANCE OF 46.83 FEET; THENCE SOUTH 7r31'53" EAST A DISTANCE OF 72.45 FEET; THENCE NORTH 18°28'07" EAST A DISTANCE OF 3.13 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 18°28'07" WEST A DISTANCE OF 3.13 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 106.28 FEET; THENCE NORTH 18°28'07" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 18°28'07" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 93.59 FEET; THENCE NORTH 18°28'07" EAST A DISTANCE OF 7.31 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 18°28'07" WEST A DISTANCE OF 6.75 FEET; THENCE SOUTH 87°07'20' EAST A DISTANCE OF 96.53 FEET TO A POINT ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY PARCEL; THENCE ALONG SAID EASTERLY LINE SOUTH 03°37'47" WEST A DISTANCE OF 13.77 FEET; THENCE SOUTH 60°19'16" EAST A DISTANCE OF 13.82 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 87°07'20" WEST A DISTANCE OF 113.49 FEET; THENCE NORTH 71°31'53" WEST A DISTANCE OF 316.02 FEET; THENCE NORTH 05°39'05" WEST A DISTANCE OF 59.79 FEET TO TRUE POINT OF BEGINNING NUMBER 1. CONTAINING AN AREA OF 0.22 ACRES OR 9414.40 SQUARE FEET MORE OR LESS. TOGETHER WITH THE FOLLOWING PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF A PARCEL DEPICTED ON RECORD OF SURVEY NO. 13878, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1992 AS FILE NO. 92-527123, THENCE EASTERLY ALONG THE NORTHERLY 144.00 FOOT RADIUS CURVE OF SAID LOT 16, CONCAVE NORTHERLY, THE RADIAL OF WHICH BEARS NORTH 04°32'32" EAST, A DISTANCE OF 65.53 FEET THROUGH A CENTRAL ANGLE OF 26°04'25" TO TRUE POINT OF BEGINNING NUMBER 2. THENCE CONTINUING ALONG SAID NORTHERLY 144.00 FOOT RADIUS CURVE A DISTANCE OF 6.00 FEET THROUGH A CENTRAL ANGLE OF 02°23'15"; THENCE LEAVING SAID CURVE SOUTH 22°43'30" EAST A DISTANCE OF 7.64 FEET; THENCE SOUTH 67°16'30" WEST A DISTANCE OF 6.00 FEET; THENCE NORTH 22°43'30" WEST A DISTANCE OF 7.64 FEET TO TRUE POINT OF BEGINNING NUMBER 2. CONTAINING AN AREA OF 0.001 ACRES OR 45.71 SQUARE FEET MORE OR LESS. TOGETHER WITH THE FOLLOWING PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF A PARCEL DEPICTED ON RECORD OF SURVEY NO. 13878, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1992 AS FILE NO. 92-527123, THENCE EASTERLY ALONG THE NORTHERLY 144.00 FOOT RADIUS CURVE OF SAID LOT 16, CONCAVE NORTHERLY, THE RADIAL OF WHICH BEARS NORTH 04°32'32" EAST, A DISTANCE OF 71.53 FEET THROUGH A CENTRAL ANGLE OF 3r44'04"; THENCE NORTH 62°48'28" EAST A DISTANCE OF 72.57 FEET TO THE BEGINNING OF A TANGENT 231.34 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A DISTANCE OF 174.26 FEET THROUGH A CENTRAL ANGLE OF 43°09'34"; THENCE SOUTH 74°01'58" EAST A DISTANCE OF 53.43 FEET TO THE BEGINNING OF A TANGENT 1535.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A DISTANCE OF 17.75 FEET THROUGH A CENTRAL ANGLE OF 00°39'46" TO TRUE POINT OF BEGINNING NUMBER 3; THENCE CONTINUING ALONG SAID 1535.00 FOOT RADIUS CURVE A DISTANCE OF 9.00 FEET THROUGH A CENTRAL ANGLE OF 00°20'09"; THENCE LEAVING SAID CURVE SOUTH 15°08'12" WEST A DISTANCE OF 9.00 FEET; THENCE NORTH 74°51 '48" WEST A DISTANCE OF 9.00 FEET; THENCE NORTH 15°08' 12" EAST A DISTANCE OF 9.00 FEET TO TRUE POINT OF BEGINNING NUMBER 3. CONTAINING AN AREA OF 0.002 ACRES OR 80.96 SQUARE FEET MORE OR LESS. JOHN S>€eFFEY LS 8733 EXPIRES 12/31/14 DATE EXHIBIT "B" LINE DATA TABLE NO. BEARING/D L1 S 05'39'05" E L2 N 18'28'07" E L3 S 71-31'53" E L4 S 18'28'07" W L5 N 18'28'07" E L6 S 71'31'53" E L7 S 18'28'07" W L8 N 18'28'07" E L9 S 71'31'53" E no S 18'28'07" W L11 S 87'07'20" E L12 S 03'37'47" W L13 S 60'19'16" E L14 N 87'07'20" W L15 N 05'39'05" W L16 S 22'43'30" E L17 S 67'16'30" W L18 N 22'43'30" W L19 S 15'08'12" W L20 N 74'51'48" W L21 N 15'08'12" E 01 07'57'51" C2 02'23'15" 03 00'20'09" 46.83' 3.13' 10.00' 3.13' 5.00' 10.00' 5.00' 7.31' 10.00' 6.75' 96.53' 13.77' 13.82' 113.49' 59.79' 7.64' 6.00' 7.64' 9.00' 9.00' 9.00' 20.02' 6.00' 9.00' 06'12'38" 15.61' 144.00' D=11'53'55" L=29.90' R= 144.00' D= 11'53'55" L= 8.23' R= 144.00' N60*19'16"W 101.91' AN EASEMENT TO THE CITY OF CARLSBAD FOR WATER MAIN, INGRESS AND EGRESS PURPOSES PER DOC. NO. 88-628775 REC. SEPTEMBER 7, 1988. VICINITY MAP LEGEND V//////A P.O.B. T.P.O.B. INDICATES PROPOSED WATER EASEMENT AREA POINT OF BEGINNING/ COMMENCEMENT TRUE POINT OF BEGINNING CITY OF CARLSBAD WATER EASEMENTS IN LOT 16 & A PORTION OF LOT 15 OF MAP 10198, CARLSBAD, CA Coffey Engineering. Inc. 10660 Scripps Ranch Blvd. Suite 102 San Diego, CA 92131-2472 SCALE: 1'=80' DRAWN BY: FR WATER DWG. NO. 476-2 DATE: 03/08/13 APN: 213-091-06 SHEET 1 OF 1 PR 12-29 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated March 21. 2013. from Surva LP. a California Limited Partnership 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 8, 2013 S^/^ "^'M^c SflERRV^REISINGER 'ifi— = Senior Q^puty Secreta