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HomeMy WebLinkAboutMS 16-06; Carlsbad Village Partners LP; 2019-0368988; Easemente: 1, ' . - 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&Q ( ) 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# 2019-0368988 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Aug 28, 2019 01 :50 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PCOR NIA PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 203-320-49 & 50 Project ID: MS 16-06 -----------Re I ate d Project ID: _R_P_1_6-_0_5 ______ _ Related Project ID: PR2019-0009 -----------Project Name: Carlsbad Village Lofts GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Carlsbad Village Partners, L.P., 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. 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, Rick\MS 16-06 PC improv and grading for driveway\PR2019- 0009\Grant Deed of Easement CMWD PR2019-0009.doc REV 01/25/13 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 JUN~ 20_1_q __ GRANTOR: Carlsbad Village Partners, L.P., a California Limited Partnership By: Carlsbad Village Genpar, LLC, a California limited liability company, B Its General Partner By: R&V Management Corporation, A California corporation Its Manager si ere) G. A. Ranglas, CEO (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.) \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, Rick\MS 16-06 PC improv and grading for driveway\PR2019- 0009\Grant Deed of Easement CMWD PR2019-0009.doc REV 01/25/13 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 California County of I.Sun 0·1 '.e'J o On Jl,{n e., \ 9 2..o l q before me, ___ \6_\_h_~_Nj<,_•_e,_N_'.).,._\l\_11-c_n_,_N_(;_¼_,,-,~'1_P_u_l<:>_l_i v __ Date Here Insert Name and Title of the Officer personally appeared _ __Joz_· :....· ~A._:_• _!IL~C\~nj'."j_:'.\ct~S::.._~::::::===================-- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name(et, is7'ar.e ~scribed to the within instrument and acknoiged to me tha(h~ executed the same in ~fltooir authorized capacity.«est, and that by is ei:lt~ir signatu~on the fnstrument the perso~. or the entity upon behalf of which the person(&l ac ed, executed the instrument. 1············~ IIINH NGOC NGUYEN : e·• Notuy Public -C•lifornla ~ i ., .. ~ S•n Die-10 Ceunty f i Commi"lon # 2241383 t My Comm. Exp::, :,av;, ;222 Place Notary Sea/ Above I certify under PENAL TY 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 _ ___,W~-'--'Y'v.........,....._ ________ _ Si;,lJ;re of Notary Public --------------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 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 16\MS 16-06 Car1sbad Village Lofts -Bobbett, Rick\MS 16-06 PC improv and grading for driveway\PR2019- 0009\Grant Deed of Easement CMWD PR2019-0009.doc REV 01/25/13 3 EXHIBIT "A" PR 2019-0009 ALL THOSE PORTIONS OF PARCEL A OF MINOR SUBDIVISION NO. 16-06 CARLSBAD VILLAGE LOFTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21619 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL A; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF, ALSO BEING THE NORTHWESTERLY SIDELINE OF CARLSBAD VILLAGE DRIVE (FORMERLY ELM AVENUE) NORTH 55°26'50" EAST (NORTH 55°26'50" EAST PER SAID PARCEL MAP) 21.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 34°33'10" WEST, 9.50 FEET TO THE POINT OF TERMINUS. CONTAINING 95 SQUARE FEET, MORE OR LESS. PARCEL B BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL A; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF, ALSO BEING THE NORTHWESTERLY SIDELINE OF CARLSBAD VILLAGE DRIVE (FORMERLY ELM AVENUE) NORTH 55°26'50" EAST (NORTH 55°26'50" EAST PER SAID PARCEL MAP) 178.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 34°33'10" WEST, 7.00 FEET TO THE POINT OF TERMINUS. CONTAINING 70 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SB&O INC 1 of 2 D:\73702 Carlsbad Lofts\05 Survey\Legals\Public Water Esmt.docx THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE SB&O INC 2 of 2 D:\73702 Carlsbad Lofts\05 Survey\Legals\Public Water Esmt.docx P.0.C. T.P.0.8. ( ) 0 0 0 ® CARLSBAD LEGEND 0 '\~"\, GRANO \ AVE. o~\ 0 ~ ~ HOPE '('-"°'-"""'-"°'-AVE. 7~ --1--(. \\~ \ ~ ~t,: \ ~t,: \ ' INDICATES PROPERTY LINE VICINITY MAP NOT TO SCALE INDICATES PROPOSED PUBLIC WATER EASEMENT IND/CA TES PO/NT OF COMMENCEMENT IND/CA TES TRUE POINT OF BEGINNING INDICATES RECORD DATA PER PM 21619 IND/CA TES EASEMENT FOR PR/VA TE ACCESS AND DRAINAGE GRANTED PER DOC. REC. 9/14/18 AS DOC. NO. 2018-0384170, O.R. INDICATES EASEMENT FOR PR/VA TE S/GNAGE GRANTED PER DOC. REC. 9/17 /18 AS DOC. NO. 2018-0384406, 0.R. IND/CA TES 10' 1.0.0. FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES PER PM 21619. INDICATES EASEMENT FOR PRIVATE TEMPORARY PARKING GRANTED PER DOC. REC. 9/14/18 AS DOC. NO. 2018-0384172, 0. R. SHEET 1 OF 2 SHEETS SB&D~! PLANNING ENGINEERING SURVEYING ~ 3990 RUFFIN ROAD, SUITE 120 <:c SAN DIEGO, CA. 92123 :.::: Lu ________________________ w_w_w_.s_b_o,_·n_c._c_om ________ c;! 73702.00 -C) """ II -- PCL B \ \ / EXHIBIT 778 77 \ l l + I .----_,, I .----.---- I .----.----.----V LINE DATA BEARING LENGTH L 1 N55°26'50"E 21.56 L2 N55°26'50"E 16.82 \ \ I I I pJ'yj 21819 \ \ I I I I I I I-72' I I I \ \ P.O.T. PARCEL 8 \ \ \ PROPERTY BOUNDARY (TYP.) NJ4·33'1o"w 7.oo·~- + I SHEET 2 OF 2 SHEETS GRAPHIC SCALE SB&D~! --/ 40-L~ 40 ~ ______________________ ww_w_.s_b_oi_nc_.c_o_m _______ ~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 73702.00 CERTIFICATION FOR ACCEPTANCE OF PUBLIC WATER EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated June 18, 2019, from Carlsbad Village Partners, 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: August 21, 2019 Hector Gomez, Deputy City Clerk (Seal)