HomeMy WebLinkAboutPIP 09-02; BMR GAZELLE COURT LLC; 2010-0406847; 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].)
fa
to
DQCtt 2010-0406847
AUG09.2010 10:50 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 10
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
209-120-11 &17Assessor's Parcel No.:
Project ID:
Related Project ID:
Related Project ID:
Project Name:
PIP 09-02
PR 10-06
Isis Pharmaceuticals
GRANT DEED OF PUBLIC WATER EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), BMR Gazelle Court LLC, a Delaware
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
structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the
H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\Deeds-Easement\Grant Deed of Easement CMWD- PR 10-06.docREV 4/15/10
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". Exhibit "B" is attached for clarity only.
Executed by the Grantor this J_ _ day of "3*W- 20 [ °
GRANTOR:
6Mi2- Gazelle Gxvti HC
a
AA.(sign here)
JohW Bonanno Vkx President, Developmeat
(print name and title of signatory)
A
By:
(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.)
H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\Deeds-Easement\Grant Deed of Easement CMWD- PR 10-06.docREV 4/15/10
2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of c
On before me.C ^ ^
personally appeared
(Here insert name and title of the officer)
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 myvhand and official seal
Signature of r I Public (Notary Seal)
Commission # 1884573
Notary Public California
San Diego County
"TLExplres Maf ?q
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
D
D
D
D
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they^- is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•!• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
<• Indicate title or type of attached document, number of pages and date.
<• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v!2.10.07 800-873-9865 www.NotawClasses.com
STATE OF CALIFORNIA
COUNTY
ALL PURPOSE ACKNOWLEDGMENT
ss.
On y, 2010, before me,
Public in and for said County and State, personally appeared
. a Notary
who proved to me on the basis of satisfactory
evidence to be the pgrspn(s) whose najrie(s)
js/are subscribed to the within instrumenTand
acknowledged to me that he/she/they executed
the same in his/her/their authorized qapacity(ies),
and that by~ljjs/her/their signature(s) on the
instrument thejgejsoji(s), or the entity upon behalf
of which the per§on(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^aod correct.
WITNESS
Signature.
FOR NOTARY SEAL OR STAMP
1CHRISTY D. BARTLETT
Commission * 1884573
Notary Public • California z
San Diego County g
My Comm Expires Mar 29.2014 \.
June 07, 2010
J.N. 091278
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
PR 10-06
A PORTION OF PARCEL 'A' OF ADJUSTMENT PLAT ADJ 09-05 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JANUARY 19, 2010 AS FILE NO. 2010-0024854, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
PARCEL '!'
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A' , SAID CORNER BEING ON A
56.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO SAID CORNER BEARS NORTH
10°39'29" EAST; THENCE, ALONG THE WEST LINE OF SAID PARCEL 'A', SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 121°08'04" A DISTANCE OF 118.40 FEET TO
THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID WEST LINE, SOUTH 79°37'02"
EAST 17.67 FEET; THENCE SOUTH 10°00'00" EAST 95.81 FEET TO POINT VA'; THENCE
NORTH 80°00'00" EAST 364.92 FEET; THENCE NORTH 23°40'40" EAST 18.32 FEET; THENCE
SOUTH 66°19'20" EAST 10.00 FEET; THENCE SOUTH 23°40'40" WEST 15.69 FEET; THENCE
SOUTH 27°21'36" EAST 372.61 FEET; THENCE NORTH 37°29'19" EAST 213.91 FEET;
THENCE NORTH 46°35'01" EAST 203.11 FEET; THENCE NORTH 37°34'07" EAST 83.03 FEET;
THENCE NORTH 84°00'38" EAST 68.01 FEET; THENCE SOUTH 50°59'22" EAST 56.18 FEET
TO A POINT ON THE EAST LINE OF SAID PARCEL 'A'; THENCE, ALONG SAID EAST LINE,
SOUTH 39°00'38" WEST 20.00 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 50°59'22"
WEST 47.90 FEET; THENCE SOUTH 84°00'38" WEST 51.15 FEET; THENCE SOUTH 37°34'07"
WEST 76.05 FEET; THENCE SOUTH 46°35'01" WEST 62.74 FEET; THENCE SOUTH 43°24'59"
EAST 10.50 FEET; THENCE SOUTH 46°35'01" WEST 10.00 FEET; THENCE NORTH 43°24'59"
WEST 10.50 FEET; THENCE SOUTH 46°35'01" WEST 130.33 FEET; THENCE SOUTH 37°29'19"
WEST 212.68 FEET; THENCE SOUTH 62°38'24" WEST 200.76 FEET; THENCE SOUTH
82°29'18" WEST 38.07 FEET; THENCE NORTH 89°14'55" WEST 340.38 FEET; THENCE NORTH
75°07'44" WEST 199.56 FEET; THENCE NORTH 00°00'37" WEST 289.19 FEET; THENCE
NORTH 80°00'00" EAST 175.83 FEET; THENCE NORTH 10°00'00" WEST 81.90 FEET; THENCE
NORTH 79°37'02" WEST 24.79 FEET TO A POINT ON WESTLINE OF SAID PARCEL 'A', SAID
POINT BEING ON A NON-TANGENT 56.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 18°10'45" EAST; THENCE, ALONG SAID WEST
LINE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°01'41" A
DISTANCE OF 29.35 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE PARCEL DESCRIBED AS FOLLOWS:
PARCEL '2'
BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL '1'; THENCE SOUTH 10°00'00" EAST
20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 80°00'00" EAST 305.17
FEET; THENCE SOUTH 10°00'00" EAST 11.00 FEET; THENCE NORTH 80°00'00" EAST 10.00
FEET; THENCE NORTH 10°00'00" WEST 11.00 FEET; THENCE NORTH 80°00'00" EAST 43.77
FEET; THENCE SOUTH 27°21'36" EAST 12.85 FEET; THENCE SOUTH 62°38'24" WEST 10.45
FEET; THENCE SOUTH 27°21'36" EAST 20.00 FEET; THENCE NORTH 62°38'24" EAST 10.45
FEET; THENCE SOUTH 27°21'36" EAST 70.57 FEET; THENCE SOUTH 62°38'24" WEST 32.99
FEET; THENCE SOUTH 27°21'36" EAST 15.00 FEET; THENCE NORTH 62°38'24" EAST 32.99
FEET; THENCE SOUTH 27°21'36" EAST 241.27 FEET; THENCE SOUTH 62°38'24" WEST 28.01
FEET; THENCE NORTH 27°21'36" WEST 13.70 FEET; THENCE SOUTH 62°38'24" WEST 10.00
FEET;
FEET;
FEET ;
FEET ;
FEET ;
FEET;
FEET;
FEET;
FEET;
FEET;
FEET;
FEET ;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
SOUTH
SOUTH
NORTH
SOUTH
NORTH
SOUTH
NORTH
NORTH
SOUTH
NORTH
NORTH
NORTH
27
82
00
00
00
00
75
89
89
80
80
80
0
o
o
0
o
o
0
o
o
o
o
o
21
29
45
45
45
45
07
59
59
00
00
00
'36"
'18"
'05"
'05"
'05"
'05"
'44"
'23"
'23"
'00"
'00"
'00"
EAST
WEST
EAST
WEST
EAST
WEST
WEST
EAST
WEST
EAST
EAST
EAST
June 07, 2010
J.N. 091278
PAGE 2 OF 2
13.70 FEET; THENCE SOUTH 62°38'24" WEST 131.08
33.13 FEET; THENCE NORTH 89°14'55" WEST 64.09
12.85 FEET; THENCE NORTH 89°14'55" WEST 10.00
12.85 FEET; THENCE NORTH 89°14'55" WEST 115.88
5.85 FEET; THENCE NORTH 89°14'55" WEST 10.00
5.85 FEET; THENCE NORTH 89°14'55" WEST 136.49
181.70 FEET; THENCE NORTH 00°00'37" WEST 18.16
11.14 FEET; THENCE NORTH 00°00'37" WEST 10.00
11.14 FEET; THENCE NORTH 00°00'37" WEST 228.87
22.81 FEET; THENCE SOUTH 10°00'00" EAST 11.48
10.00 FEET; THENCE NORTH 10°00'00" WEST 11.48
146.23 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 55,001 S.F. (1.26 AC.)
O:\Legal_Descriptions\091278\WTRA-lgl.DOC
OF _ OCEANSIDE
SITE LEGAL DESCRIPTION
PACIFIC
OCEAN
PARCEL A OF ADJUSTMENT PLAT ADJ-09-05
BUSINESS PARK DR. PER CERTIFICATE OF COMPLIANCE CE 09-14 REC.
JANUARY 19, 2010 AS FILE NO. 2010-0024854.
BASIS OF BEARINGS
THE BASIS OF BEARINGS IS THE NORTH LINE OF
PARCEL 'A' OF ADJUSTMENT PLA T No. ADJ-09-05
I.E. N89W'41"E
' OF
SAN MARCOS
CITY OF ENCINITAS
VICINITY HAP
WStXf
AREAS:
CONSULT A/N TT
2710 Loker Avenue WestSuite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
PARCEL 1 AREA
PARCEL 2 AREA
WA TERLINE EASEMENT AREA
LEGEND
PROPERTY BOUNDARY
POINT OF BEGINNING
TRUE POINT OF BEGINNING
WATERLINE & ACCESS
EASEMENT AREA
269,395 SF
214,394 SF
55,001 SF
1.26 AC
P.O.B.
T.P.O.B.
WATERLINE EASEMENT PR 10-06
CARLSBAD MUNICIPAL WATER DISTRICT
REQUESTED BY:
75/5 PHARMACEUTICALS
1896 RUTHERFORD RD.
CARLSBAD, CA 92008
(760) 931-9200
PREPARED BY:
TIMOTHYS. CARROLL.
LS. 7700 EXP. 12/31/10
PROJECT:
CARLSBAD OAKS
PARCEL 'A'
SHT. 1 OF 3 SHTS.
A.P.N. 209-120-11 & 17
DATE MARCH 2010
EXHIBIT 'B'
/• \091278\0978AP01.dwg Apr 01, 2010 11:58amXrefs: 0978AP: 0978AN; 0978VIC; 0978BMAP 12010 O'Day Consultants, Inc.
LOT 15 MAP No. 15505
N89V9'4rE _
"BASIS OF BEARINGS
PARCEL B
OF ADJ 09-05
^=121'08 04
R=56.00'
L=118.40'
PARCEL A
OF ADJ 09-05
N80W00 E 22.81 PARCEL 2
0' 80'
SCALE: 1" = 80'
SOO'45'05"W 12.85'NOO'4505E 5.85'-
PARCEL 'A
N8914'55"W 10.00'
SOO'45'05UW 5.
N89'14'55"W 10.00'
O'45'05"E 12.85'
\ N8914'55"W 136.49 N8914'55"W 115.88'
N891455"W 340.38
N8914'55"W 64.09'
LOT 7 S82'29'18"W38.07'-
MAP No. 14926
CaNSULTA/NTS
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
WATERLINE EASEMENT PR 10-06
CARLSBAD MUNICIPAL WATER DISTRICT
REQUESTED BY:
7575 PHARMACEUTICALS
1896 RUTHERFORD RD.
CARLSBAD, CA 92008
(760) 931-9200
PREPARED BY:
TIMOTHY^). CABBOLL
LS. 7700 EXP. 12/31/10
PROJECT:
CARLSBAD OAKS
PARCEL 'A'
SHT. 2 OF 3 SHTS.
A.P.N. 209-120-11 & 17
DATE MARCH 2010
EXHIBIT 'B'
/• \09t278\0978AP01,awg Jun 07, 2010 9:27amXrefs: 0978AP; 0978Atf: 0978VIC: 0978BUAP • 2010 O'Day Consultants, Inc.
.tftf&fc QV '/W
£*A° *$/£$/'
CONSUL T A^N T S
2710 Loker Avenue West
Suite 100Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
WATERLINE EASEMENT PR 10-06
CARLSBAD MUNICIPAL WATER DISTRICT
REQUESTED BY:
ISIS PHARMACEUTICALS
1896 RUTHERFORD RD.
CARLSBAD, CA 92008
(760) 931-9200
PREPARED BY:
TIMOTHY QsCARROLL. JR.*<rs fj/r ~
LS. 7700 EXP. 12/31/10
PROJECT:
CARLSBAD OAKS
PARCEL 'A'
SHT. 3 OF 3 SHTS.
A.P.N. 209-120-11 & 17
DATE MARCH 2010
EXHIBIT 'B'
/.• \091278\097BAP01.dwg Jun 07, 2010 9:27amXrefs: 0978AP; O978AI?; 0978VIC; 0978BUAP • 2010 O'Day Consultants, Inc.
CERTIFICATION FOR ACCEPTANCE OF DEED
(CMWD)
This is to certify that the interest in real property conveyed by the Grant Deed of
Easement dated June 4, 2010, from BMR Gazelle Court 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: July 9, 2010
A /-\ i' /i
y £^/J?.A7~JLt.
SIHE^RX FltfEISJNGER, Deputy&bcretary