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Home My WebLink AboutCT 03-01; W2007 La Costa Resort Co; 2008-0166956; EasementDOC# 2008-0166956 RECORDING REQUESTED BYCo. AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 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].) ft* APR 01, 2008 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH. COUNTY RECORDER FEES: 0.00 OC: AFNF PAGES: Space above this line for Recorder's use. 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. Assessor's Parcel No.: 216-590-01-00 216-590-02-00 216-593-01-00 Project No. & Name: CT 03-01 La Costa Resort and Spa Clubhouse Waterline Relocation Waterline easement PR 06-95 CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, General Manager By: DAVID A. MAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), W2007 La Costa Resort Co., 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, an easement. Purpose: the 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 H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 1 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 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 i#*" day of Qfc> 2QO"? . GRANTOR: W2007 La Costa Resort Co, LLC a Delaware limited liability company By: W2007 La Costa Mezz, LLC a Delaware limited liability company Its Managing Member (sign here)/ -\ f?otte/T Int najhe and title of signatory) _Byj X ign here) (print name and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By:JQJJt Deputy General Coun; H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement 2 STATE COUNTY On 3635 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT before me,, Notary Public, personally appeared *******'*****'********* RQBERT SPRINGER *********************** personally known to me OR proved to me by satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my h/njzl and official Signature NOTARY PUBLIC LAURA BARNAO Notary Public. State of New Yort No. OIBA6092I87 Qualified in Queens Count) Certificate filed in New York Count* Commission Expires Mav 12. 20... M This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. I 1 INDIVIDUAL I I CORPORATE OFFICER(S) TITLE(S) I | PARTNER(S) C] LIMITED G GENERAL I | ATTORNEY-IN-FACT I I TRUSTEE(S) I I GUARDIAN/CONSERVATOR [I OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: GRANT DEED OF WATER LINE EASEMENT NUMBER OF PAGES 8 (including this page) SIGNER(S) OTHER THAN NAMED DATE OF DOCUMENT Reproduced by First American Title Insurance 1/2001 3636 EXHIBIT 'A1 LEGAL DESCRIPTION - WATERLINE EASEMENT PR 06-95 Those certain parcels of land being portions of Lots 1, 2 and 3 of Carlsbad Tract No. 03-01, La Costa Resort and Spa, according to Map thereof No. 14984, filed in the Office of the County Recorder of San Diego County on March 18, 2005, described as follows: PARCEL 1 A strip of land 20.00 feet wide, lying 10.00 feet on each side and parallel with the following described centerline: COMMENCING at a point on the centerline of Parcel C of that Costa Real Municipal Water Easement recorded October 23, 1987 as document number 87- 598022 of Official Records, said point being the northerly terminus of that course defined as North 11045'56" East 108.23 feet; thence along said centerline, North 00043'14" West 27.30 feet to the TRUE POINT OF BEGINNING; thence leaving said centerline North 89°16'46" East 35.70 feet; thence South 56°58'14" East 89.25 feet; thence South 46043'14" East 115.40 feet; thence South 00°16'46" West 167.80 feet; thence South 22°54'26" West 462.45 feet; thence South 65°54'26" West 168.41 feet; thence South 01°35'34" East 9.51 feet to THE POINT OF TERMINUS, said point being South 89°40'16" West 25.42 feet along the centerline and from the point of terminus of Parcel B of said Costa Real Municipal Water Easement. The sidelines of said 20.00 foot easement to be extended or shortened to meet at angle points and northerly with the easterly sideline of said Parcel C and southerly with the northerly sideline of said Parcel B. CONTAINING: 0.477 acres, more or less. PARCEL 2 COMMENCING at a point on the centerline of Parcel C of that Costa Real Municipal Water Easement recorded October 23, 1987 as document number 87- 598022 of Official Records, said point being the northerly terminus of that course defined as North H°45'56" East 108.23 feet; thence along said centerline, North 00°43'14" West 17.30 feet; thence leaving said centerline South 89016'46" West 5.00 feet to the TRUE POINT OF BEGINNING; thence H:\PDATA\55100221\Admin\legals\221lgl-cmwd-water1.doc Page 1 of 2 11/2/2006 3631 continuing South 89016'46" West 9.50 feet; thence North 00°43'14" West 10.88 feet; thence North 89°16'46" East 9.50 feet to the westerly sideline of said Parcel C of that Costa Real Municipal Water District Easement; thence along said westerly line South 00°43'13" East 10.88 feet to the TRUE POINT OF BEGINNING. CONTAINING: 103 sq.ft., more or less. PARCEL 3 COMMENCING at the POINT OF TERMINUS of above described PARCEL 1; thence North 01035'34" West 5.00 feet to the northerly sideline of said Parcel B of said Costa Real Municipal Water District Easement; thence along said northerly sideline North 89°40'16" East 14.47 feet to the TRUE POINT OF BEGINNING; thence continuing along said northerly sideline, North 89°40'16" East 11.05 feet to the end of said northerly sideline; thence leaving said northerly sideline, North 00°19' 44" West 4.87 feet to the southeasterly sideline of above described PARCEL 1; thence along said southeasterly sideline South 65°54'26" West 12.08 feet to the TRUE POINT OF BEGINNING. CONTAINING: 27 sq.ft., more or less. APN 216-590-01, 216-590-02, 216-593-01 This description was prepared by me or under my direction. Stephen R. Hawxhutst LS 7355 License expires 12/31/2007 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN. 55-100221 11/02/2006 H:\PDATA\55100221\Admin\legals\221 Igl-cmwd-water1 .doc Page 2 of 2 11/2/2006 PARCEL 'C' COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. ^ PARCEL 2 TRUE POINT BASIS OF BEARINGS BASIS OF BEARINGS IS A PORTION OF THE CENTERLINE OF PARCEL 'C' OF COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. C LEGEND PARCEL 1 AREA - 0.477 AC. PARCEL 2 AREA - 103 SQ.FT. PARCEL 3 AREA - 27 SQ.FT. Illin//////,< * SEE DETAIL SHEET 2 CT NO. 03-01 LA COSTA RESORT AND SPA MAP 14934 n LOT OF BEGINNING ARCEL 1 PARCEL 1 SEE DETAIL SHEET 3 "POINT OF LEUCADIA COUNTY WATER DISTRICT ESMT. REC. 7/9/1965 PER F/P. 123282, O.R. SAN DIEGO GAS AND / 'ELECTRIC ESMT. REC 6/11/1964 PER F/P. 105863, O.R.« 200 LOT TERMINUS PARCEL 1 SCALE 1"=100' SHEET 1 DF 3 CARLSBAD MUNICIPAL WATER DISTRICT PLAT RBF CONSULTING 9755 CLAIREMONT MESA BLVD. STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: STEPHEN R. HAWXHURST EXPIRES: 12/31/2007 LS.7355 PROJECT: LA COSTA RESORT CLUBHOUSE POOL WATERLINE RELOCATION CT 03-01 PR 06-95 A.P.N.: 216-590-01, 02 216-593-01 H:\POATA\55100221\C*00\^IAPPINO\fASEMEN15\221CU«)_D4,DWO OBIOU 11/2/08 1:42 pm CT NO, 03-01 LA COSTA RESORT AlND SPA MAP 14934 10'PORTION OF PARCEL 'C COSTA REAL MUNICIPAL WATER DISTRICT ESMT REC. 10/23/1987 PER F/P. 87-598022, O.R TRUE POINT OF BEGINNING PARCEL 1 ••••••'N89° 16'46" E 35.70' PARCEL 2 TRUE POINT OF BEGINNING PARCEL 2 POINT OF COMMENCEMENT LOT 2 PARCEL 1 PORTION OF PARCEL 'C' COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. TO BE QUITCLAIMED BY SEPARATE DOCUMENT LOT 1 ILJ NO. C1 C2 C3 C4 C5 BEARING S89°16'46"W S89°16'46"W NOO°43'14"W N89°16'46"E SOO°43'13"E LENGTH 5.00' 9.50' 10.88' 9.50' 10.88' c/> SCALE: 1"=10'SHEET 2 DF 3 CARLSBAD MUNICIPAL WATER DISTRICT PLAT RBF CONSULTING 9755 CLAIREMONT MESA BLVD. STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: STEPHEN R. HAWXHURST EXPIRES: 12/31/2007 LS.7355 PROJECT: LA COSTA RESORT CLUBHOUSE POOL HATERLINE RELOCATION CT 03-01 PR 06-95 A.P.N.: 216-590-01, 02 216-593-01 EXHIBIT "B" H:\POATA\55100221\CAOO\MAPPING\EASEMENTS\221CM»D_06.DWi: CUELLOM 11/2/08 1:42 pin NO. C1 C2 C3 C4 C5 BEARING N01°35'34"W N89°40'16"E N89°40'16"E NOO°19'44"W 565° 54' 26 "W LENGTH 5.00' 14.47' 1 1 . 05 ' 4.87' 12.08' Ld CT NO. 03-01 LA COSTA RESORT AND SPA MAP 14934 LOT 2 LOT 3 LOT 1 S01°35'34"E 9.51 ' -A. POINT OF TERMINUS 25.42' PARCEL 1 S89°40'16"W 68.13' PARCEL 'B' COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. .J POINT OF TERMINUS OF PARCEL 'B' POINT OF BEGINNING PARCEL 3 SCALE: 1"=10'SHEET 3 DF 3 CARLSBAD MUNICIPAL WATER DISTRICT PLAT RBF CONSULTING 9755 CLAIREMONT MESA BLVD. STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: STEPHEN R. EXPIRES: 12/31/2007 LS.7355 PROJECT: LA COSTA RESORT CLUBHOUSE POOL HIATERLINE RELOCATION CT 03-01 PR 06-95 A.P.N.: 216-590-01, 02 216-593-01 ""EXHIBIT "B H:\PDATA\55100221\CADD\MAPPING\fASEMENTS\221CMWD_05.DWG GMELLOM 11/2/06 1:42 pm CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated October 18, 2007, from La Costa Resort Co., 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: March 27, 2008 , Dej% Secretary