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Home My WebLink AboutSDP 2017-0011; LC Investment 2010 LLC; 2019-0551392; Easement'I RECORDING 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].) The undersigned grantor(s) declare(s): Documentary transfer tax is $____Q_QQ ( ) 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. DOC# 2019-0551392 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Nov 26, 2019 02:02 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES 9 SPACE ABOVE THIS LIN':: FOR RECORDER'S USE Assessor's Parcel No.: 216-590-05-00; 216-590-09-00; 216-590-13-00; 216-591-09-00 Project ID: SDP 2017-0011 Related Project ID: AMEND 2017-0026 Related Project ID: PR2018-0015 -----------Project Name: Omni La Costa Ballroom GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), LC Investment 2010, LLC, a Delaware limited liability company, Granter, 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, 0pmation, repair, reconstruction anu all :::tG,ivities :-iece;:;scir;t to canst, uct, re,.:;on::;truct, oi::erate, mc1intain 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. Granter 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. 6"4 _ Ond. Executed by the Grantor this __ day of ~20.11_. GRANTOR: LC Investment 2010, LLC, a Delaware limited liability company By: Omni La Costa, LLC, a Delaware limited liability company, its sole member By: Omni Hotels Holding Corporation, a Delaware corporation, its sole member By: ~ignhere) W. Kurt Alexander, Chief Financial Officer, Vice President, Treasurer (print name and title of signatory) B (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 par ,ner, the partnership mdst attach a staten 1ent of pa,inership authorizing the partner to execute this instrument.) 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Geliklrnie-r~AS ) County of £>«..U ~ ) On (pl4\.,f; .f:f~-, l".1 before me, -~~-·_vtfrv __ rJ\_. ~-~,_N_o_-ri_m~~·Pt,,tf>t,,lG, Date 11 .r f Here Insert Name and Title of the Officer personally appeared -~W~· ~,-_\,.t_vt __ Q......,l~-f~X~~-r'l_itv/ __________ _ Name(s) of Signer(s) 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 capacity0es). 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. --------------OPTIONAL-------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ---· Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): _____ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ____________ _ □ Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 EXHIBIT 'A' LEGAL DESCRIPTION WATER LINE EASEMENT PR 2018-0015 PORTIONS OF PARCELS 6, 18, 22, AND 23 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14984 RECORDED MARCH 18, 2005 AS FILE NO. 2005-0224598, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: A PORTION OF LOTS 22 AND 23 OF SAID MAP 14984 DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, THE EASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 22, BEING THE NORTHEAST CORNER OF LOT 17 OF SAID MAP 14984; THENCE LEAVING SAID WESTERLY LINE OF LOT 22 SOUTH 40°20'23" EAST 39.22 FEET; THENCE SOUTH 03°26'42" WEST 119.48 FEET; THENCE SOUTH 41°33'18" EAST 56.41 FEET; THENCE SOUTH 13°55'16" WEST, 37.59 FEET, MORE OR LESS TO THE NORTHERLY LINE OF AN EXISTING EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), RECORDED JUNE 12, 2003 AS DOCUMENT NO. 2003-0693207, OFFICIAL RECORDS AND THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN ON SAID WESTERLY LINE OF LOT 22 AND END ON SAID NORTHERLY LINE OF EXISTING CMWD EASEMENT. CONTAINS: 4,593.6 SQUARE FEET OR 0.105 ACRE, MORE OR LESS. PARCEL 2: A PORTION OF LOT 6 OF SAID MAP 14984 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF A TANGENT 3463.00 FOOT RADIUS CURVE IN THE WESTERLY LINE OF PARCEL A, DESCRIBED IN GRANT OF RIGHT OF WAY TO CMWD RECORDED MARCH 20, 1969 AS FILE NO. 69-49324, OFFICIAL RECORDS; THENCE TANGENT TO SAID CURVE AND SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 'A' THE FOLLOWING COURSES: SOUTH 3°47'49" WEST 152.52' (SOUTH 04°22'39" WEST 152.52 RECORD) TO THE BEGINNING OF A TANGENT 213.16 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 19.12 FEET THROUGH A CENTRAL Page 1 of 2 ANGLE OF 05°08'19" TO THE TRUE POINT OF BEGINNING TO WHICH A RADIAL LINE BEARS SOUTH 81°03'52" EAST; THENCE LEAVING SAID WESTERLY LINE AND WESTERLY ALONG SAID RADIAL LINE NORTH 81°03'52" WEST 20.00 FEET; THENCE LEAVING SAID RADIAL LINE SOUTH 04°00'00" WEST 24.00 FEET; THENCE SOUTH 86°00'00" EAST 16.81 FEET TO A POINT ON SAID WESTERLY LINE AND SAID 213.16 FOOT RADIUS CURVE; THENCE NORTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE 22.51 FEET THROUGH A CENTRAL ANGLE OF 06°02'58" TO THE TRUE POINT OF BEGINNING. CONTAINS: 430.8 SQUARE FEET OR 0.010 ACRE, MORE OR LESS. PARCEL 3: A PORTION OF LOT 18 OF SAID MAP 14984 DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 18; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF NORTH 19°40'00" EAST 63.92 TO THE INTERSECTION WITH THE NORTH LINE OF AN EXISTING EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED OCTOBER 15, 1974 AS FILE/PAGE NO. 74-273988, OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE AND SOUTHEASTERLY ALONG SAID NORTHERLY LINE OF EXISTNG EASEMENT SOUTH 70°12'19" EAST (RECORD SOUTH 70°12'58" EAST) 32.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 19°47'41" EAST 17.00 FEET; THENCE SOUTH 70°12'19" EAST 10.00 FEET; THENCE SOUTH 19°47'41" WEST 17.00 FEET TO SAID NORTHERLY LINE; THENCE NORTH 70°12'19" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 170.0 SQUARE FEET OR 0.004 ACRE, MORE OR LESS. SEE EXHIBIT 'B', PLAT CONSISTING OF 3 SHEETS, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PAULE. GOEBEL, PLS 8486 DATE MBI JN 160360 Page 2 of 2 BASIS OF BEARINGS BEARINGS k DISTANCES DEPICTED HEREON ARE BASED ON RECORD DATA PER MAP 14984 AND ARE NOT THE RESULT OF A FIELD SURVEY. 0 60' ~ SCALE: 1 "= 60' N I SEE SHEET 3 FOR WATER EASEMENT /CEL 3 IN LOT 120' EXHIBIT'B' a.. < ::IE ~ l-o ...J EXISTING EASEMENTS: ABBREVIATIONS: ESMT=EASEMENT OR=OFFICIAL RECORDS;REC=RECORDED OAWD=CARLSBAD MUNICIPAL WATER DISTRICT @10 FOOT WIDE SEWER ESMT TO LEUCADIA COUNTY WATER DIST.REC. 7/9/1965 AS DOC. 123282 O.R. __ _,@10 FOOT WIDE PIPELINE ESMT TO CMWD REC. 3/20/1969 AS DOC. 49324,0R ON o.-- o.--ON It) v r-') II II ...J 0::::-1-......... II ~ r-') It) (EXCEPT PORTION IN OLD ROW) @10 FOOT WIDE ESMT TO COSTA REAL MUNIC. WATER DIST. REC. 10/23/87 AS DOC. 87-598022, OR @ ESMT TO CMWD REC. 6/12/2003 AS DOC. 2003-0693207, O.R. (WIDTH VARIES) ® BLANKET ESMTS OYER ALL OF LOT 22: 1.SDGE REC. 7/26/2005 AS DOC. 2005-0631301, OR 2.k 3.ACCESS EASEMENT REC. 9/15/2006 AS DOCS 2006-0659220 k 0659232, OR 4. ACCESS EASEMENT REC. 3/14/2006 AS DOC. 2006-0175287, OR ®SEE SHEET 3 NOTE: SEE SHEET 2 FOR VICINITY MAP, LEGEND AND DETAILS, PARCELS 1 k 2. SEE SHEET 3 FOR EASEMENT PARCEL 3 DATA LOT 22 MAP 14984,APN 216-591-09. ESTRELLA DE MAR ROAD (PRIVATE)- FORMERLY PUBLIC ROW PER MAP 5434. SHOWN AS VACATED ON MAP 14984 LOT 23 MAP 14984 APN 216-590-13 -- DATE: 9/12/2019 APN 216-590-05,-09, PORTION OF LOTS 6, 18, 22 k 23, MAP 14984 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, PR 2018-0015 -13; 216-591-09 STATE OF CALIFORNIA SI-EET 1 OF 3 EXHIBIT'B' t.61 ~ 160360 ,....., I S86°58' 15nE(R)I --- POINT OF EXHIBIT 'B' _ JI 8 BEGINNING ~ o I PARCEL 1 L.?! 1-r--__ ~ ~ o " -,_ ( A=OO • 28 '44 n) :) (R=3470.00') (L=29.00') ~ N I SCALE: 1 "= 60' NE CORNER POINT OF ~ 7' ~ ~ LOT 17 COMMENCEMENT, ~ _, · & R MAP 14984 PARCEL 2. & I .J v SOUTHERLY I CJ ';;> ~ EASTERLY LINE OF 20.00' EASEMENT PARCEL 1 GRANTED HEREON POINT OF TERMINUS PARCEL 1 NORTHERLY LINE@ - ~~ TERMINUS 3463.00' ~_.....,,,~ RADIUS CURVE IN WEST LINE OF ESMT@ LINE DATA TABLE NO. BEARING LE~TH 1 S40°20'23nE 39.22' 2 S03°26'42nW 119.48' 3 S41°33' 18"E 56.41' 4 S13°55' 16"'W 37 .59'+/-DETAIL 1 SCALE: 1 "= 60' DETAIL 2 LEGEND ~ ( ) INDICATES RECORD DATA PER MAP 14984 ~ ~ [ ] INDICATES RECORD DATA PER ESMT DOC. 69-49324~ ~ < > INDICATES RECORD DATA PER ESMT DOC. 74-273988 F s 41 N ~ " (l) EXISTING EASEMENT-SEE EASEMENT LEGEND SHEET 1 cJ i;j I ~ WATER EASEMENTS GRANTED HEREON TO i;/ ~ ~ CARLSBAD MUNICIPAL WATER DISTRICT: cos~~~ N.T.S. PARCEL 1 CONTAINS: 4,593.6 SQ. FT. (0.105 ACRE) VICINITY MAP PARCEL 2 CONTAINS: 430.8 SQ. FT. (0.010 ACRE) _____________ ---1 PARCEL 3 CONTAINS: 170.0 SQ. FT. (0.004 AC) PROJECT ID: SOP 2017-0011 DATE: 9/12/2019 APN 216-590-05,-09, -13; 216-591-09 RELATED PROJ.ID:AMEND 2017-0026 CMWD WATER EASEMENT DEDICATION PORTION OF LOTS 6, 18, 22 & 23, MAP 14984 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 9£ET 2 OF 3 PR 2018-0015 EXHIBIT 'B' I DATE: 9/12/2019 APN 216-590-05,-09, -13; 216-591-09 ---------- ~ N I SEE SHEETS 1 _.-- lie 2 FOR WATER EASEMENT PARCELS 1 lie 2 LINE DATA TABLE NO. BEARING LENGTH 5 S70 12 19 E 32.70 6 N19 47 41 E 17.00 7 S70 12 19 E 10.00 8 S19 47 41 W 17.00 9 N70 12 19 W 10.00 (D EXISTING CMWD EASEMENT REC. 10/15/1974 AS F/P 74-273988,0R -------------~--------------------- I.____;' ✓ PORTION OF LOTS 6, 18, 22 lie 23, MAP 14984 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, PR 2018-0015 STATE OF CALIFORNIA SI-EET 3 OF 3 EXHIBIT 'B' CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated September 6, 2019, from LC Investment 2010, LLC, a Delaware limited liability company by Omni La Costa, LLC, a Delaware limited liability company, its sole member by Omni Hotels Holding Corporation, a Delaware corporation its sole member to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 20, 2019 Hector Gomez Deputy City Clerk (SEAL)