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HomeMy WebLinkAboutPD 2021-0012; Mararisk Carlsbad LLC; 2021-0349462: EasementDOC# 2021-0349462 1 MN 11 111 11111 11111 I EMI 11111 1111 11111 111 11111 DII III May 06, 2021 11:41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 9 RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary 16-11 cle 13( Carlsbad Municipal Wet& 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].) 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: 212-130-45-00 PD2021-0012 PR2021-0001 5791 Van Allen Way GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Mararisk Carlsbad LLC, A Delaware limited liability company, Grantor(s), do 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 QACEOlLandOev1PROJECTS1CMCD 2020CD2020.-e021 Life Technologies Master Plan - Rick1Ceeds-Easements1PR2021-0001%Grant Deed of Easement CIVIVOD PR2021•0001 doc REV 02/218/21 By: Mararisk, LLP, a Washington limited liability partnership, its So eiVrefitoer--___, --9 . Penney, its Partneri By: eneral Partner PActe of 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 C71day of k-11-c 14 20:2- GRANTOR: MARARISK CARLSBAD, LLC, a Delaware limited liability company By: UFE Investments Limited Partnership, a Washington limited partnership, its Partner By: Sez P/Nels 2.. Wes. C. Uhlman, its General Partner (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.) QACEDlLandDevN PROJECTS.CMCD 202=02020.0021 Life Technologies Master Plan - RicklDeeds-Easements1PR2021-00011Grant Deed of Easement CMWD PR2021-0001.doc REV 02/218/21 2 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. A Executed by the Grantor this a-1 day of tg4(111-1 20 -21 GRANTOR: Mararisk Carlsbad LLC, A Delaware limited liability company By: `:3E. f'Ac (sign here) Robert Penney, Managing Member (print name and title of signatory) By: Tiign here -C 0'5 04-1L-M &a rQ0 19a kite (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.) Cr.CEDILandDev1PROJECTSICEACD 202ACO2020-0021 Lie Technologies Master Plan - RcIdDeeds-EasementS4 PR2021-00011, rant Deed of Easement CMWD PR2021-0001.doc REV 02/218/21 2 MELISSA it ALWARD Notary Public - California Riverside County Commission # 2308920 My Comm. Expires Nov 12, 2023 Race Notary Seal and/or Stamp Above Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: CALIFORNIA 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 Riverside On Maid() ,QttOt before me, Melissa H. Alward, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rc)ber-1- C, Pe.r\ne Name(t) 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 capacity(ies), 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. I certify under PENALTY 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 .4044aVNIOtaxvid , Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . 1,i_ Title or Type of Document: el inrrEneed f f wo-fn—,CleMer\-(-- Document Date: Morch Qtp eaOal 1 Signer(s) Other Than Named Above s.ift0 h P-f ynn Number of Pages: t)2019 National Notary Association MELISSA H. ALWARD Notary Public - California Riverside County Commission # 2308920 My Comm. Expires Nov 12, 2023 CALIFORNIA 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 Riverside On Mar nk )-gio before me, Melissa H. Alward, Notary Public Date Here Insert Name and Title of the Officer inhn I yn 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 capacity(ies), 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. personally appeared I certify under PENALTY 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 of Notary Public Place Notary Seal and/or Stamp Above 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: ei re-Art Deal (f Pah Document Date: Date: arch 4Le Q-CO-C Number of Pages: Robed- 0, Penney Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General o Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator O Other: Signer is Representing: C2019 National Notary Association certe],e under PENALTY OF P • RiLIRY under the laws of the State ot C hat the foregoing paragraph is true arid correct. WITNESS my hand and official Siridn Otte Signoltore of Notory Pubic CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary jijbho t her officer completing fors ceitrlefire verifim ditty the id 60tily Of the individual wile ritined th0 d0C1,11114nt lc which ihiS Certifinte s attathtd, eri4i.rt Hic tratifdnoss.:Lccuncy. or vrilitfity of that 00C4Iftiegtt. SUr to of •C-4Atiforritir 1.0644-k:%\_>671-01-L, County of V-A On ...1 0 1. 1-P1-I. Were rho, _.0 01-1-TY---- 19 .7. .0ate /-5'ere ?mon Nan tuRd Titie of the Officer personatly appeiir.ed Norne(s) of Si'gn.or(s) who .proved to me on the as of rrtif.ictoiy evicionce to be the person(s) whose name(s'p Ishii; subseribad to the within instrument and ackna,viedged to me that he/she/they executed the same in hIseheritherr authomoti capacity(iesl. and that by histherttireir sigriaturer,A on the instrument the person(5), or the entity upon behart of which tbz_p erson(5 tictod, on.Tuteci *Jo instrument. A te 4te g$0 1:17°4 11°. 0 V OTA sp • # ‘ARk 73 0 ••-••••••-•, ro, e ; 0 A3SPUBLIO " I .1 tAVe ikk WAS NOtory b,00) aetaer Sfo4 OPTIONAL Complegeg informer,•on Cars att4 airelextion of 1ho documOnt Or !toad:gent rearodynent of rills forme to on uninronciod document Description of Attached Document Title or Type of Document: DOCUITIOnt Date: Sigrler(S) Other Than Narreci Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer - Tilt Jr ID Partner - 0 Limited Li General ID Individual Et Attorney iv, Fact 0 Trustee 0 (.4rxrrtilarl Or Conservator 0 Other: % Signer ts Representing: _!21:119 N'anal Notary Association •Number of Pages: •00.17$ NAM: O .Corporate Officer - O Parmar - 0 Limited 13 General O Individual 0 Attorney in Poet O Trustee 0 GOrdiOn or Conservator 0 Other: Signer is Representing; _ DACED‘LanoDeOPROJECTS‘CMCD 2020\CD2020-0021 Life Techno!cgies Master Plan - Rick \IDeeds-Easements1PR2021-0001! rant Deed of Easement CMWD PR2021-0001.doc REV 02/218/21 3 vi PAUL E. GOEBEL:II 8486 3-11-2021 EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT PD 2021-0012 PR2021-0001 A PORTION OF PARCEL 2 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS INSTRUMENT NO. 1997- 0656621 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN EXISTING WATER EASEMENT RECORDED APRIL 8, 1998 AS DOCUMENT NO. 1998-0198386, OFFICIAL RECORDS LABELED AS "66" AND ANNOTATED AS "SOUTH 54°09'07" EAST 9.51 FEET" ON EXHIBIT B OF SAID DOCUMENT; THENCE SOUTH 54°09'07" EAST 22.00 FEET; THENCE SOUTH 35°50'53" WEST 20.00 FEET; THENCE NORTH 54°09'07" WEST 22.00 FEET TO THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID EXISTING EASEMENT LABELED AS "67" AND ANNOTATED AS "SOUTH 35°50'53" WEST 20.00 FEET" ON EXHIBIT B OF SAID DOCUMENT; THENCE NORTHERLY ALONG SAID COURSE "67" NORTH 35°50'53" EAST 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 440 SQUARE FEET OR 0.010 ACRE, MORE OR LESS. SEE EXHIBIT B PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. MBI JN 180956 APN 212-130-45 Page 1 oft POINT OF BEGINNING EXISTING WATER EASEMENT RECORDED 4/8/1998 DOC.1998-0198386 OFFICIAL RECORDS RECORD DATA- COURSE NUMBER OFA COURSE NUMBER OF EASEMENT ACQUIRED m 0 LEGEND WATER EASEMENT ACQUIRED-AREA = 440 S.F. (0.010 AC) 20' SCALE:1"=20' VICINITY MAP NO SCALE N\N Olt 'frsg, N., 0o, N BASIS OF BEARINGS: AL COURSE NO. 64 OF AIL I . E . N54 ° 09 ' 07"W LEGAL DESCRIPTION: PORTION OF PARCEL 2 PM 17971, APN 212-130-45 41) COURSES OF EXISTING WATER EASEMENT 65 S35°50'53"W 6.08' 66 S54°09'07"E 9.51' 67 S35°50'53"W 20.00' 68 N54°09'07"W 9.51' • A COURSES OF WATER EASEMENT ACQUIRED HEREON: S54°09'07"E 22.00' S35°50'53"W 20.00' N54°09'07"W 22.00' N35°50'53"E 20.00' \ / CARLSBAD WATER OF CITY EASEMENT Michael Baker International 9755 Clairemont Mesa Blvd., San Diego, CA 9212 (858)614-5000 JN 180956 ) 17 n 11,1 ‘..--- DATE: 3/11/2021 APN 212-130-45 PAUL E. GOEBEL \ LS 8486 CITY PROJECT: CD 2021-0012/PR2021-0001 EXHIBIT B / / 1/ WATER ESMT /25 ACQUIRED /r5 A PARCEL 2 PM 17971 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 March 26, 2021, from Mararisk Carlsbad 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: April 12, 2021 Hector Gomez, Deputy City Clerk (Seal)