HomeMy WebLinkAbout; Pivotal 650 California St. LLC; 2023-0175046: 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].)
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.
DOC# 2023-0175046
11111111111111111111111111 111111111111111111111 IIIII lll111111111111111
Jul 05, 2023 12:20 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR N/A
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 213-261-22 & 213-261-23
Project ID: _Mc..:..;,..::.S_1:....::3--'-0:....:.7 ______ _
Related Project ID: _P_R_2"-0'-2_2_-0_0_1_0 _____ _
Related Project ID: ROW2022-0640
Project Name: VIASAT WATERMAIN
RELOCATION
GRANT DEED OF PUBLIC WATER EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Pivotal 650 California St., LLC, an
Arizona 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 facil ities, 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
Q:ICED\LandDev\PROJECTSIMSIMS 13\MS 13-07 v,asat Expansion -Rick\ROV\1'2022-0640 CC No. 1 PC . Chiller pipe encroaching into water easement\PR2022-0010\Grant Deed of Easement CMWO
PR2022-0010.doc REV 02/218/21
I
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.
Executed by the Grantor this ~ day of AP~ U..20 2.5 .
GRANTOR: Pivotal 650 California St., LLC, an Arizona limited
liability company
By: Levine Investments Limited Partnership, an Arizona Limited
Partnership, its Sole Member
By: Keim Inc., an Arizona Corporation, its General Partner
B
B
(sign here)
Andrew M. Cohn, Authorized Representative of Keim Inc.
(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.)
a ICED\LandDev\PROJECTSIMSIMS 13\MS 13-07 VIasat Expansion -Rick\ROVV2022-0640 CC No 1 PC -Chiller pipe encroaching into water easement\PR2022-001Cl\Grant Deed of Easement CMIM)
PR2022-0010 doc REV 02/218/21
2
' )
ARIZONA NOTARY ACKNOWLEDGMENT
State of Arizona
County of /v1 />,ll/CLJPA
The foregoing instrument entitled rirR.ArlT Pc.ED OF Pue,wc ',../A-TeR. /::m£'f~ltlfwas
ac'Aowledged before me this U day of APR.I'-, 2023, by
('IDQ.EW /Vf. CPH N (name of person acknowledged). The person has
personally appeared before me and presented identification to establish his or her identity as
required by law.
(seal)
~ ~ B~on_
i) LIIA C auu, Notary Public
Nota,y Pubic .,:O~ My Commission Expires: 1 ~ I :i.. -~ o21
Maricopa Co./ tlMM11
Expil'ft Ol/12/2027
EXHIBIT "A"
LEGAL DESCRIPTION
PR 2022-0010
PAGE 1 OF 1
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 21152, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON AUGUST 7, 2014, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT 20' WATER
EASEMENT DEDICATED ON SAID PARCEL MAP, SAID POINT BEING THE
SOUTHERLY POINT OF THAT SEGMENT SHOWN ON SHEET 6 OF SAID PARCEL
MAP AS HAVING A BEARING OF SOUTH 14°53'3311 EAST AND A LENGTH OF
98.94 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH
14°53'3311 WEST 10.00 FEET; THENCE NORTH 75°06'2711 EAST 27.33
FEET; THENCE SOUTH 82°23'33" EAST 60 .11 FEET TO THE NORTHERLY
LINE OF THAT WATER EASEMENT GRANTED TO THE CITY OF CARLSBAD AND
DESCRIBED IN GRANT DEED RECORDED MAY 15, 2015 AS DOCUMENT NO.
2015-024 7392 OF OFFICIAL RECORDS; THENCE SOUTH 75 ° 06' 27" WEST,
ALONG SAID NORTHELY LINE 52.26 FEET; THENCE NORTH 82°23'33" WEST
7.85 FEET; THENCE SOUTH 75°06'27" WEST 8.98 FEET TO A POINT ON
THE EASTERLY LINE OF SAID WATER EASEMENT DEDICATED ON SAID
PARCEL MAP, SAID POINT BEING THE SOUTHERLY POINT OF THAT SEGMENT
SHOWN ON SHEET 6 OF SAID PARCEL MAP AS COURSE 18; THENCE NORTH
14°53'33" WEST ALONG SAID WATER EASEMENT 10.00 FEET; THENCE
SOUTH 75°06'27" WEST ALONG SAID WATER EASEMENT 14.37 FEET TO THE
POINT OF BEGINNING.
.)
() _, -5 _,
:J ()
5 )
\
\
\
\
\
\
S75V6'27"W \
14.37'
· EXHIBIT '8'
PR 2022-0010
-----==--EX WATER EASEMENT
PER PM 21152
N75V6'27t
21.33'
P.0.8.
\
N14'53'.J3"W ::.---
10.00' \ _ --
S75V6'2rw PARCEL 3
PM 2 11 52
LEGEND
EXISTING EASEMENT
PROPOSED WATER EASEMENT
POINT OF BEGINNING
8.98'
I
N82'23'.J3"W
7.85'
\-------
Wld
P.0.8.
PARCEL 4
PM 21 152
WATER EASEMENT PLAT
REQUESTED BY:
PIVOTAL 650
CALIFORNIA ST., LLC
CITY OF CARLSBAD
PREPARED BY:
0 'DAY CONSULTANTS
2710 LOKER AVE W, STE 100
(760) 931 -7700
-----
------
o· 10· 20· ~~~
SCALE: 1" = 20'
SHT. 1 OF 1 SHTS.
A.P.N. 213-261 -22
& 213-261-23
... • j ~
CERTIFICATION FOR ACCEPTANCE OF DEED OF PUBLIC WATER
EASEMENT
This is to certify that the interest in real property conveyed by the Grant Deed of
Public Water Easement dated April 26, 2023, from the Pivotal 650 California St., 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 Executive Manager 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: June 22, 2022
ANA MARIE ALARCON , Deputy Secretary
(Seal)