The URL can be used to link to this page

Home My WebLink AboutMS 07-02; CPT/SC Title Holding Corporation; 2010-0001618; 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# 2010-0001618 JAN 04, 2010 2:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 000 OC: NA PAGES:14 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. Assessor's Parcel No.: 211-021-30 Project ID: MS 07-02 Project Name: Carlsbad Paseo Related Project ID: PR 09-36 Related Project ID: GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), CPT/SC Title Holding Corporation, a California 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, 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, 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 structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the 1 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 "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this ^h<* day of \*&&f^2Q_O_/_. GRANTOR: CPT/SC Title Holding Corporation By: Southwest Carpenters Pension Trust Owner and sole shareholder of CPT/SC Title Holding Corporation nager for Southwest :le Holding Company _By: (sign here)N Peter G. Aylward, President (print name and title of signatory) By: fe«fn here) (p/ifit name and title of signatory) JOINDER AND CONSENT: BJ's Restaurants, Inc., a California corporation, hereby joins in and consents to this Covenant for Easement and the easements granted herein, and subordinates its rights under that certain Lease dated November 30, 2008 to this Covenant/or Easenwnt. BJ's Re^raurants, lnp\ a ?5abfornla corpora™ Gregory S. Lynds Executive Vice President Chief Development Officer JOINDER AND CONSENT: P.P. Chang's China Bistro, Inc., a Delaware corporation, hereby joins in and consents to this Covenant for Easement and the easements granted herein, and subordinates its rights under that certain Lease dated June 29, 2007 to this Covenant for Easement. P.P. Chang's China Bistro, Inc., a Delaware corporation (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.) ACKNOWLEDGMENT State of California County of 5W On before me,J, QTT P eT£K (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the personj£) whose namej£yT|)la/e subscribed to the within instrument and acknowledged to me that^^sJ^e/tbfey executed the same in (QJ^h^r/th^ir authorized capacity(je£), and that bymJsJr^e'r/tlT&r signature^on the instrument the person(#), or the entity upon behalf of which the person^gr) 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. Signature J. Oil Canvntuiofl * 1845096 Notary PuWtc - Callfornil S«i OHflO County nCMiffl ExBtrtsAfif 17,2011 (Seal) 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: J. Ott Commission Number: 1845095 Date Commission Expires: April 17. 2013 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) (Ufl . - Signature: U^u^gCc^t, MUUd-yU City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: Rec. Form #R10 (Rev.7/96) STATE OF COUNTY OF (OTaP£\"C-' ) ) ss. before me,A .On Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(i) whose name(s/)$/are subscribed to the within instrument and acknowledged to me that ^/she/they executed the same in jps/her/their authorized capacity(j^s), and that by Mj?/her/their signatureO<5 on the instrument the personm, 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. Signature (Seal) DIANNE A. SCOTT Commission * 1802831 Notary PuWtc - CaHfomii Ortngt County MyComm. Expjrn Jun 25,2ft 41339945.2 11 STATE OF COUNTY OF Mku coffr On me, personally appeared (>,, Notary Public, _, who proved to me on the basis of satisfactory evidence-to be the^erson^f whose name^i is/a)^ subscribed to the wjlbin instrument and acknowledged to me that hdSZshfi&hey executed the same in ir authorized capacityj^)? and that by hi^ZEitheir signature^fon the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS official seal. OFFICIAL SEAL ANTHONY SUMMERS NOTARY PUBLIC - State of Arizona MARICOPA COUNTYMy Comm. Expires June 15,2012 (Seal) Notary Public 41174440.2 EXHIBIT "A" LEGAL DESCRIPTION OF WATER EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT MS 07-02 PM NUMBER 20661 PR 09-36 ALL THOSE PORTIONS OF PARCELS 1, 2 AND 3 OF PARCEL MAP NUMBER 20661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28, 2009 AS FILE NUMBER 2009-0284728, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEING STRIPS OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINES: PARCEL "A" BEGINNING AT POINT "A" OF THAT CERTAIN CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT RECORDED MARCH 23, 2009 AS DOCUMENT NUMBER 2009-0142977, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, HEREINAFTER REFERRED TO AS "THE EASEMENT"; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID EASEMENT, NORTH 22°29'44" WEST 25.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 67°30'16" EAST 51.75 FEET TO THE POINT OF TERMINATION. CONTAINING: 417.50 SQ. FT. 0.010 ACRES MORE OR LESS PARCEL "B" BEGINNING AT POINT "D" OF AFORESAID "THE EASEMENT"; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID EASEMENT, SOUTH 22°29'44" EAST 96.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 67°30'16" EAST 52.61 FEET TO THE POINT OF TERMINATION. CONTAINING: 426.10 SQ. FT. 0.010 ACRES MORE OR LESS PR 09-36 PM 20661 MS-07-02 PAGE 1 OF 2 PARCEL"C" BEGINNING AT POINT "K" OF AFORESAID "THE EASEMENT"; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID EASEMENT, NORTH 26°48'03" WEST 59.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 63°11'57" EAST 35.89 FEET TO THE POINT OF TERMINATION. CONTAINING: 258.90 SQ. FT.0.006 ACRES MORE OR LESS PARCEL "D" BEGINNING AT POINT 'N' OF AFORESAID "THE EASEMENT"; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID EASEMENT, NORTH 26°48'03" WEST 45.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 63°11'57" EAST 35.73 FEET TO THE POINT OF TERMINATION. CONTAINING: 257.30 SQ. FT.0.006 ACRES MORE OR LESS ATTACHED HERETO AND MADE PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DOUGLASS £ MEfCHIOR, P.L.S. 4611 LICENSE EXPIRES 9-30-2010 9-24-2009 DATE PR 09-36 PM 20661 MS 07-02 PAGE 2 OF 2 I§1si ROAD 4 UTILITY EASEMENT PER DOC NO. 85-390633 REC 10-21-1985 AND DOC NO. 85-390632 REC 10-21-1985 EXHIBIT "5" EXISTING CARLSBAD MUNICIPAL WATER DIST1CT EASEMENT REC. 3-23-2009 AS DOC# 2009-0142977 O.R. 68^05' N 2615'29" W 150 N 2512'24- W 300.01' GRAPHIC SCALE 0 150 N 26'48'03" W 833.07' INTERSTATE FREEWAY U.S. 5 300 SCALE 1" = 150 FEET = INDICATES 10 FT. WIDE PUBLIC WATER EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT PARCELS A THRU D INCLUSIVE AREA 1,359.80 SQ.FT. BEING 0.0312 ACRES MORE OR LESS (D APPROXIMATE LOCATION ® 200'WIDE EXISTING VIEW CORRIDOR S.D.G.E EASEMENT EASEMENT DOC N0.1995-1059073 PER DOC NO. 2006-0575773 REC 4-17-1995 REC 4-14-2006 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 138 & CLSB 057. PER ROS 17271, I.E. N 3017'19" W 4978.85 GRID T.P.O.B. (R) DATA TABLE A=m0'36' R=557.00' L=110.27' A=11-23'13" R=643.00' L=127.79' _^ \ N 6730*34' E(R) D00GLAS~R. MfljCHlbfe~Pl> 4611 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION / /' / m\ NO SCALE INDICATES TRUE POINT OF BEGINING RADIAL BEARING MLSLfr 5731 PALMER WAY. SUITE G CARLSBAD. CALIFORNIA 920U (760) 438-1726 SHEET 1 OF 4 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT DATE: 09-24-09 SCALE: T=150' A.P.N. 211-021-30 WATER EASEMENT PLAT IN PARCEL MAP NO. 20661 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: R CROSS PR 09-36 REVISED: 2668-CM WD-1 -REV-09.DWG EXHIBIT "ff 6I NOTE: FOR WATERUNE DATA SEE SHEET 4 OF 4 SHEETS ROAD & UT1LJTY EASEMENT PER DOC NO. 85-390633 REC 10-21-1985 AND DOC NO. 85-390632>^ REC 10-21-1985 \\ GRAPHIC SCALE 0 80 160 SCALE 1" = 80 FEET 22-29'26' W 925.00' N 22-29'26" IV"wc.vs.uf C7C cn*~ " — " """ - EXISTING CARLSBAD MUNICIPAL WATER DIST1CT EASEMENT REC. 3-23-2009 AS DOC* 2009-0142977 O.R. FOB PARCEL D L44 RIM 0.00'(TYP) N 26-4fl'03' W 98.22' 68.05'^ N 261529 W N 2512'24" W 300.01' INTERSTATE FREEWAY U.S. 5 N 26'48'0311 W 833.07' THIS PLAT WAS PREPARED BY ME 'OR UNDER MY DIRECTION DOUGLAS R: MELCHIOFlPLS 4611 5731 PALMER WAY. SUITE G CARLSBAD. CALIFORNIA 9201 ( (760) 438-1726 SHEET 2 OF 4 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT DATE: 09-24-09 SCALE: T=80' A.P.N. 211-021-30 WATER EASEMENT PLAT IN PARCEL MAP NO. 20661 THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: R CROSS PR 09 -36 REVISED: 2668-COV-CMWD-2.DWG "EXHIBIT CO CO NOTE: FOR WATERUNE DATA SEE SHEET 4 OF 4 SHEETS ROAD & UTILITY EASEMENT PER DOC NO. 85-390633 REC 10-21-1985 AND DOC NO. 85-390632 REC 10-21-1985 _N X, 22-29'26- W 925.00 fls APPROXIMATE LOCATION ^ S.D.G.E EASEMENT PER DOC NO. 2006-0575773 REG 4-14-2006 (g) 200'WIDE EXISTING VIEW CORRIDOR EASEMENT DOC N0.1995-1059073 REC 4-17-1995 (J) CMWD EASEMENT DOC# 2009-0142977 REC. 3-23-2009 AREA PAR B 426.10 SQ. FT. 0.010 ACRES AREA PAR C 258.90 SQ. FT. 0.006 ACRES PAR d N 63TI'57' E N 26'48'03' W 833.07' INTERSTATE FREEWAY U.S. 5 GRAPHIC SCALE 0 80 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION DOUGLAS tfHELCHIOFLPLS 4611 160 SCALE CURVE DATA A=ir20'36* R=557.00' 1=1 10.27' / = 80 FEET •ILSlfr R=643.00' L=1 27.79' 5731 PALMER WAY. SUITE G CARLSBAD. CALIFORNIA 92010) (760) 438-1726 SHEET 3 OF 4 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT DATE: 09-24-09 SCALE: 1"= 80' A.P.N. 211-021-30 WATER EASEMENT PLAT IN PARCEL MAP NO. 20661 BOUNDARY ADJUSTMENT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: R CROSS PR 09-36 REVISED: 2668-COV-CMWD-3.DWG WATER EASEMENT CENTERUNE TABU FOR EXISTING CARLSBAD MUNICIPAL WATER DIST1CT EASEMENT REC. 3-23-2009 AS DOCf 2009-0' CENTERUNE DATA TABLE UNE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L49 L50 BEARING N 67'30'16" E N 22'29'44" W N 22'29'44" W N 22'29'44" W N 22'29'44" W N 44'59'43" W N 22'29'44" W N 22'29I44" W N 34'05'40" W N 5911 '30" E N SS'SO^S" E N 55'50'25" E N 55'50'25" E N 6311 '57" E N 26'48'03" W N 26'48'03" W N 26148'03" W N 26'48'03" W N 26'48'03" W N 26'4a103" W N 26-48103" W N 26'48'03" W N 26'48'03" W N 26'48'03" W N 2512'24" W N 2512'24" W N 2512'24" W N 2512'24" W N 64'47'36" E N 67'30'16" E N 64'47'36" E N 2512*24" E DISTANCE 55.00' 200.29' 169.21' 211.00' 82.77' 6.05' 129.35' 110.64' 10.01' 35.62' 14.12' 21.32' 95.51' 38.71' 56.23' 45.98' 35.65' 9.66' 81.31' 143.88' 83.50' 160.63' 20.20' 51.93' 95.86' 109.10' 65.38' 9.20' 30.23' 176.34' 1.67' 57.90' THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION EXHIBIT "B" 42977 O.R. \ \ \ ((upgg N IK /HATER E :OR EXI WATER [ REC. 3- UNE TA APPURT UNE L31 L32 L33 L34 L35 L36 L37 L3S L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L51 EASEMENT CEN STING CARLSB 3ISTICT EASEM.97 onno A^ZJ ZUUiJ rtj BLE ENANCES (PO TERUNE TABLE ^D MUNICIPAL ENT DOC# 2009-0142977 O.R. aOUTS) BEARING N 67'30'16" N 67-30'16" N 67'30'16" N 67'30'16" N 34t09'35>' N 6311'57" N 6311 '57" N 6311 '57" N 6311 "57" N 6311*57" N 6311 '57" N 6311 '57" N 6311 "57" N 6311 "57" N 64'47'36" N 64'47'36" N 6912'24" N 22"29'4411 N 64-47'36" CURVE C1 DELTA ANGLE H'35'56" 35^^ ^U14611 do)9-30-10 J^ll DOUGLAS ft. MELCHIOR PLS 4611 ^^~^ E E E E W E E E E E E E E E E E W W E DISTANCE 17.22' 22.97' 22.95' 19.38' 24.61' 24.89' 24.68' 25.24* 20.11 I 16.26' 25.64' 13.00' 20.11 i 13.00' 26.11 26.11 i t 26.04' 31.42' 31.89' RADIUS 400.00' ARC LENGTH 80.98' rm 5731 PALMER WAY. SUITE G CARLSBAD. CALIFORNIA 9201 oA (760) 438-1726 W SHEET 4 OF 4 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT DATE: 09-24-09 SCALE: NO SCALE A.P.N. 211-021-30 WATER EASEMENT PLAT IN PARCEL MAP NO. 20661 THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: R CROSS PR 09 -36 REVISED: 2668-COV-CMWD-2.DWG CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated November 2, 2009, from CPT/SC Title Holding Corporation, a Public California 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 31, 2009 S/IERRYFREISINGER, jZJeftuty Secretary