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HomeMy WebLinkAboutSDP 2016-0001; BLT 2200 East Grand, LLC and Berdan Whiptail LLC; 2021-0144137: 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].) DOC# 2021-0144137 111101 11111 1111 1 11111111111111 1111111111 1111I 111110111 1111111111111 Feb 24, 2021 01:25 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: S0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 6 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.: Project ID: Related Project ID: Related Project ID: Project Name: 209-120-26-00 SDP 2016-0001 PR2020-0019 CD 2019-0024 Carlsbad Oaks North Lot 24 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), BLT 2200 East Grand, LLC, a California limited liability company and Berdan Whiptail LLC, a California 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 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 '2- `+' day of rs.oternerit 20 7-0 . GRANTOR: BLT 2200 East Grand, LLC, a California limited liability company and Berdan Whiptail LLC, a California limited liability company (sign here) Bernard Huberman, Authorized Person (print name and title of signatory) By: (sign here) Daniel Rosenthal, Authorized Person (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.) 2 WITNESS my hand and official seal. Signature S6nature of ibiy Public 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 l...x>6 AN bt tiE- On IX•2•LA•14'2•4:) before me, Oe 5SktA 11) ATTI$TA • rt%dcat3 #_,K,Icrt kaJBL.tt-, , Date Here Insert Name and Title of the Officer personally appeared ?eizispvg- t-WaetimA0 ht,s 1. DAN' t EL (2-0 5 et-STWA L.- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ikare subscribed to the within instrument and acknowledged to me that hNslat/they executed the same in hig/h9f/their authorized capacity(ies), and that by h$/ht/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. JESSICA BAUTISTA-CHACON Notary Public - California Los Angeles County Commission 2233978 My Comm. Expires Apr 8,2022 Place Notary Seal Above 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: C,(2-At..rt-- D WC) Document Date: Number of Pages: 2— Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: aeg.t4Ag..ls 11-1/41A min/vet-1-J 11-Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact CI Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: eriLopir-1 vt.irralt BL-r 7.2 t.PV Q.Atib ,tAcc— Named Above: Signer's Name: DA14 La_ 9-05,WIA-4AL_ 1-Corporate Officer — Title(s): Parik. 0 Partner — 0 Limited E General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: )10D_Ag .t1/4*))?-TA.1-1 1.11X- 13,LT 27.-cst. E AT Cn, ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT PR2020-0019 A PORTION OF LOT 24 OF CARLSBAD OAKS NORTH - PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 13, 2016, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 24, BEING ALSO A POINT ON THE EASTERLY RIGHT OF WAY OF WHIPTAIL LOOP AS SHOWN ON SAID MAP; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 24 AND SAID EASTERLY RIGHT OF WAY THE FOLLOWING COURSES: NORTH 11°33'31" WEST 194.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 714.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°53'18" AN ARC LENGTH OF 509.54 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO WHICH BEARS NORTH 60°40'13" WEST; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°24'04" AN ARC LENGTH OF 5.00 FEET; THENCE LEAVING SAID WESTERLY LINE AND SAID EASTERLY RIGHT OF WAY AND NON TANGENT FROM SAID CURVE SOUTH 60°40'13" EAST 5.00 FEET; THENCE SOUTH 29°31'49" WEST 5.00 FEET; THENCE NORTH 60°40'13" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 25.0 SQUARE FEET (0.001 ACRE) MORE OR LESS. SEE EXHIBIT B, PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, 9.29.2020 PAUL E. GOEBEL, PLS 8486 MBI 3N 175498 Page 1 of 1 9/29/2020 EXHIBIT 'El' PR 2020-0019 LEGEND k POC TPOB INDICATES WATER EASEMENT GRANTED HEREON 25 SF (0.001 AC) NOTE: EASEMENT IS WITHIN THE SIGHT DISTANCE CORRIDOR POINT OF COMMENCEMENT TRUE POINT OF BEGINNING ® EASEMENT NOTES 1.SIGHT DISTANCE CORRIDOR PER MAP 16145 PROHIBITS ANY STRUCTURE OVER 30 INCHES ABOVE STREET LEVEL(WIDTH VARIES) 2.SDGE EASEMENT RECORDED 12/21/2017 AS DOC. 2017-0600110, O.R. IS DEPENDENT ON FACILITIES AND HAS NO PLOTTABLE LOCATION 3.ALL ACCESS TO LOT 24 IS RELINQUISHED EXCEPT AT ACCESS OPENINGS AS SHOWN TPOB N60°40'13"W(R) o "TcN \ \ \ V \ •c2 c;\ Ac,9 Q5) 0 N"- TPOB 0 200' SCALE 1"= 200' (N11° 33'31"W 194.52') PAUL E. GOEBEL LS 8486 DATE [EXHIBIT E3 PROJ. ID SDP2016-0001 RELATED PROJ. ID: CD2019-0024 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR: WATER EASEMENT PORTION OFLOT 24, MAP 16145 — CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA \k.1 \ i (hc-66°48'40" "--/ I R=714.00' At, ,,00 L=832.58') ...1?. 7,, LOT 24 4 oin 111 Nt N 0 4 trE SEE DETAIL 0 "Ls CO' V 0 c7,4 CL CD 0 0 —J —J MAP 16145 0 NOT PLOTTABLE 9"114)LR) 2 — (S7Se 26 \ 3 1 36' SW CORNER LOT 24 SEE EXHIBIT A FOR LEGAL DESCRIPTION SHEET 1 OF 1 SHEET Michael Baker International 9755 Clairemont Mesa Blvd., San Diego, CA 9212 (858)614-5000 9/29/2020 175498 36' 72: POC 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 November 24, 2020, from BLT 2200 East Grand, 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: January 06, 2021 Hector Gomez, Deputy City Clerk (Seal)