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HomeMy WebLinkAboutSDP 11-04; La Costa Bluffs LLC; 2013-0598465; Easement-f^ECO^DING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAILTO: 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 2013-05984G5 I lllillil lllllll OCT 02, 2013 11:21 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: lllllll 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 216-300-35 Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: SDP 11-04 PR 13-40 ADJ 11-02/CE 11-07 La Costa Bluffs GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I, La Costa Bluffs, LLC a California Limited Liability Company, Grantor, 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 ail 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 fire hydrants, 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 C:\Users\TTie Menitts\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.lE5\70BHEDMQ\PR 13-40 Grant Deed of Easement CMWD 091513.docREV 01/25/13 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 It^day of C^/^(f^).20 / I . GRANTOR: La Costa Bluffs, LLC, a California Limited Company; BY: SJ Asset Management, Inc., a California corporation, its manager By: (sign here) Salman Rabie, President and Secretary 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.) C:\Users\The Merritts\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\70BHEDMQ\PR 13-40 Grant Deed of Easement CMWD 091513.docREV 01/25/13 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County } * "Date ' ' T\ '^^^ tiere Insert Nameand Title of the ^mcer personally appeared <A (AV^Q^ KftV^tO Nanie(s) of Signer(s) 1 OFFICIAL SEAL DAINABLACKMON _ NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1930561 ^ SAN DIEGO COUNTY I MY COMM. EXP. MARCH 27.2015 I who proved to me on the basis of satisfactory evidence to be the person^^^Twhose name(£!j Is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h©fi^Hw authorized capacity(ij^, and that by his/h©*^ir signature(§)^n the instrument the person}^, 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 con'ect. WITNESS my hand and official seal Place Notary Above Signature OPTIONAL - I Si^iature of N(«^ Public Though the information below is not required ty law, it may prove valuat>le to persons rel^ng on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Docurnent Document Date Bu Document Mar\\k4 ^mry\Qr\\ Number of Pages: Signerjp) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Sjoner's Name: )H Individual • Corporate Officer—Title(s): _ • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb tiere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thunmb here O2007Natk>riai Notaiy Assodatlon* 9350 De Soto Ave., P.O. Box 2402 •Chatst^^ ltemi^907 Fteoitter.CallTo»a)Be1-800^&6^ C:\Users\The Merritts\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\70BHEDMQ\PR 13-40 Grant Deed of Easement CMWD 091513.docREV 01/25/13 3 August 30, 2013 JN 121031-3 Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION FIRE HYDRANT EASEMENT LA COSTA BLUFFS - LOT 4 06 PR 13-40 THAT PORTION OF LOT 406, TOGETHER WITH THE WESTERLY 3.75 OF LOT 407 OF LA COSTA UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970, PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 14, 2011 AS DOCUMENT NO. 2011-0672351 OF OFFICIAL RECORDS, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF SAID LOT 4 06, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF LA COSTA AVENUE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY AND THE SOUTHEAST LINE OF SAID LOT 406 NORTH 68°34'25" EAST, 17.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 21°25'35" WEST, 2.00 FEET; THENCE NORTH 68«'34'25" EAST, 10.00 FEET; THENCE SOUTH 21°25'35" EAST, 2.00 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY OF LA COSTA AVENUE; THENCE WESTERLY ALONG SAID LINE SOUTH 68°34'25" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2 0 S.F. MORE OR LESS G:\12103 l\Parcels\Lot406-FH-Easement-130812.doc LEGEND RO,B, IP.O.B. () POINT OF BEGINNING TRUE POINT OF BEGINNING LOT UNE AREA OF DEDICATION 20SF MORE OR LESS RECORD DATA PER CERT OF COMPUANCE DOC 2011-0672551 REC 12-14-2011 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS EASEMENT PLAT IS THE NORTHERL Y UNE OF LA COSTA A VENUE AT LOTS 406-409 PER MAP NO 6600 LE N 64-34*25' E LEGAL DESCRIPTION: LOT 406, TOGETHER WITH THE WESTERLY J75 FEET OF LOT 407 OF LA COSTA UNIT NO 5 IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP NO 6600, HLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970; PURSUANT TO CERTinCATE OF COMPUANCE RECORDED DECEMBER 14, 2011 AS DOCUMENT NO 2011-0672351 OF OFHCIAL RECORDS CITY OF OCEANSIDE CITY OF VISTA 0 N S U L T A^ T S ^^CITY OF SAN MARCOS SHE 2710 Loker Avenue West, Suite 100 Carlsbad, California 92010 T: 760-931-7700 F: 760-931-8680 ViaNin MAP NO SCALE EASEMENT PLAT - CITY OF CARLSBAD DATE: AUGUST 2013 APPLICANT: EXHIB SHEET 1 OF 2 SHEETS COASTAL UVING LCC 2710 LOKER AVE. WEST SUITE 200 CARLSBAD. CA 92010 PR 13-40 A,P.N. 216-300-35-00 G:\121031\1231ESMT-FH-406.dwg Aug 30, 2013 8:07om Xrefs: 1231EMT-406; 1231svy LOT 407 S6834'25''W IOM 0 N S U L T A^ T S 2710 Loker Avenue West, Suite 00 Carlsbad, California 92010 T: 760-931-7700 F: 760-931-8680 EASEMENT PLAT - CITY OF CARLSBAD DATE: AUGUST 2013 APPLICANT: EXHIB T "B' SHEET 2 OF 2 SHEETS COASTAL LMNG, LCC [2710 LOKER AVE. WEST SUITE 200 CARLSBAD. CA 92010 GEORGE O'DAY RCE 32014 EkP12/31/14 PR 13-40 K VAN PESKI DATE LS 8801 EXP 12/31/14 A.P.N. 216-300-35-00 G:\121031\1231ESMT-FH-406.dwg Aug 30, 2013 8:07am Xrefs: 1231EMT-406; 1231svy CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify tiiat the interest in real property conveyed by the Grant Deed of Public Water Easennent dated September 12, 2013, from_La Costa Bluffs. LLC, a California Limited Liability Company, 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 ofthe 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: September 25, 2013 EISINGER ty Secretary