HomeMy WebLinkAbout; Aviara Resort Associates, LP; 1992-0243141; Easement1
2
3
4
5
6
7
0
9
10
11
W\f9 12
13
14
15
16
17
10
19
20
21
22
23
24
25
2€
27
2e
2347
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 ~l camino Real Carlsbad, California 92008
..
3pace,,.dbove this line for
Assessor's Parcel No. 215-612-01
Project Namd '&, 30.
CMWD Project No. 89-509
FOW Seasons Resort - Aviara Hotel
TAX: None CARLSBAD MUNICIPA~ ':
DOCUMENTARY TRANSFER
WATER DISTRICT
AlethaL.Rautenkranz,Secr$ary
Board of Directors
EA&XENT
AVIA~A RE ,, SORT ASSoC%TES LIMITED PAmBHIP,
a. CaLifornia ~imited Partnership
does hereby grant to CARLSBAD NNICIPAIJ ., WATER DISTRICT, a Public
Agency organized in the State of California, 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,
1 3/14/91 REV.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2 348
whether above or below the surface of the ground.
ilities, Said facility may include pipelines, pumping fac
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. Limited to, erosion control
facilities, fence%, gates,'doors, locking &Vices, 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 exclusivs? 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.
///
///
///
///
///
///
///
///
///
///
2 3/14/91 REV.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit ItBtl attached hereto and by this reference made a part
hereof.
.,
Mst day of March
Exeouted by the GRANTOR this
__c , 19'.
..
AVIAFA RESCiRT ASSOCIATES LIMITED
GRANTOR:
PARlNERSHIP, a California Limited
Partnership
(See attached sicmature paqe) (name of grantor)
By :
(sign here)
(title of signatory)
By : (sign here)
(title of signatory)
APPROVED AS TO FORM: RONALD R. BALL
ACT1 ENERAL COUNSEL
By : v. tU.9 L-.
(Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD 89 - 5179
3 3/14/91 REV.
AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP,
a California Limited Partnership
By: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, its General Partner
Bv: Aviara Land Comuanv. a Delaware ,~
John K. Alstrom
Assistant Secretary
By: Ted L Hoover Vice PresidentIAssistant Secretary
By: Republic Development Company, a California corporation, General
Vice President
By: y 4-L. /!! Ted L Hoover Vice PresidentIAssistant Secretary
By: TAT AVIARA, LTD., a California
CORPORATION AS PARTNER OF A PARTNERSHIP,
WHICH IS A PARTNER OF A PARTNERSHIP,
WHICH IS A PARTNER OF A PARTNERSHIP
STATE OF CALIFORNIA 1
) ss.
County of 73-tWbe
On 3\ , 19% before me, the undersigned, a
Notary Public in and for said State, personally appeared nz L. M,~M" and hw d-. PCLSI'QW,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed the
within instrument as dl= President and hcwr
Secretary, on behalf of 1- WD &)wP&NLi
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors, said corp-
oration being k to me to be one of the general partners of
being known to me to be one of the partners of
/hJl"~O An? bf4lW ~L?p, said partnership
AI\pIRA C\cztTkS' ?&7N=V%tlf the partnership that
executed the within instrument and acknowledged to that such
corporation executed the same as such partner and that such
partner executed the same.
WITNESS my hand and official seal.
CORPORATION AS PARTNER OF A PARTNERSHIP,
WHICH IS A PARTNER OF A PARTNERSHIP,
WHICH IS A PARTNER OF A PARTNERSHIP
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ) ss.
On MW+ 31 ,19yL before me, the undersigned, a Notary Public in and for said State, personally appeared CL. , and
%?Q L-kkoJaZ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed in instrument as
\l\t15 Qb*orc\rr and u\wPf&&e REPUBLIC DEVELOPMENT COMPANY, the corporat acknowledged to me that said corporation executed the witbin instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being known to me to be one of the general partners of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, said partnership being known to me to be one of the partners of AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as such
partner and that such partner executed the same.
WITNESS my hand and official seal.
/ Not*Public \ ,
2053
CORPORATION AS PARTNER OF A PARTNERSHIP,
STATE OF HAWAII )
CITY AND COUNTY OF HONOLULU )
) ss.
On p~? & I 6 h!? ,1944 before me& wd, a Notary Public in and for?dd State, personally appeared 6 %EM HAYASHI , and / of satisfactor ,. ’.. evidence) 17 h;.? to be the person(s) who executed the within instrument as
fl of TAT AVIARA, LTD., the corporation that executed the within instrument on behalf of AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP the partnership that executed the within instrument and acknowledged to me that such corporation executed the
same as such partner and that such partnership executed the same.
c personally known to me (or proved to me on the basis
Qb**%h#.d and - on behalf
WITNESS my hand and official seal.
lY NotdPublic
2354
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated $?;/y<, from AVIARA RESORT RSSOCIATES LIMITED PARTNEESHIP,
a California Limited Partnership
to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District
Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf
of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority
conferred by Resolution No. 773 of the Carlsbad Municipal Water District adopted
on 1 af , 1994, and the grantee consents to recordation thereof
by it’s duly authorized officer.
1-
DATED: /6 1992
L2” 4 R,ZL
ALETHA L. RAUTENKRANZ, Se&tary
89-509
Sheet 1 of 5 Sheets
EXHIBIT 'A'
REV 1/2/1992 (RCA) 10/21/1990(DA)
300,16;SV 10277 A.P.N. 215-612-01
LEGAL DESCRIPTION
WATER EASEMENT
BEING THAT PORTION OF LOT 87 OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE I - UNIT "B", ACCORDING TO MAP THEREOF NO.
12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF SAID MAP NO. 12410, DEFINED AS THE NORTHWESTERLY TERMINUS
COMMENCING AT AN ANGLE POINT IN THE WESTERLY LINE OF LOT 88
OF THE COURSE BEARING NORTH 56O54'22" WEST, 212.50 FEET, THENCE LEAVING SAID WESTERLY LINE, SOUTH 34"01'14" EAST,
115.73 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY LINE OF THAT CERTAIN PROPOSED SHUTTLE ROAD (PRIVATE) ; THENCE ALONG SAID WESTERLY LINE SOUTH 63 O 13 '28"
EAST, 15.15 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH
48.10 FEET; THENCE SOUTH 04°13'4511 WEST, 42.39 FEET; THENCE
18°43'34" WEST, 28.51 FEET; THENCE SOUTH 38°56'00'1 EAST,
WEST, 33.65 FEET; THENCE SOUTH 04°13'45" WEST, 8.00 FEET;'
SOUTH 47°23'3011 WEST, 81.39 FEET; THENCE NORTH 85°46'15"
THENCE NORTH 85°46'158t WEST, 7.00 FEET; THENCE NORTH
04O13'45" EAST, 8.00 FEET; THENCE NORTH 85O46'15" WEST, 9.80
FEET; THENCE NORTH 38°56'00" WEST, 28.61 FEET; THENCE .SOUTH
51°04'0011 WEST, 8.00 FEET; THENCE NORTH 38°56r0011 WEST, 7.00
FEET; THENCE NORTH 51°04'00" EAST, 8.00 FEET; THENCE NORTH
38"56'00" WEST, 112.53 FEET; THENCE NORTH 83°56'00". WEST,
28.18 FEET; THENCE SOUTH 51°04'00" WEST, 127.04 .FEET;, THENCE SOUTH 08°12'05" WEST, 143.29 FEET; THENCE SOUTH 53°54'02" WEST, 43.38 FEET; THENCE NORTH 80°24r01" WEST, 94.21 FEET; THENCE NORTH 39°38'53" WEST, 37.29 FEET; THENCE NORTH
03O22'26" EAST, 134.14 FEET; THENCE NORTH 27O55'29" EAST,
C.M.W.D. 89-509
..
Sheet 2 of 5 Sheets
EXHIBIT 'A'
62.90 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58O24'09" A DISTANCE OF
NORTH 59°31'20" EAST, 15.00 FEET; THENCE SOUTH 30O28'40"
101.93 FEET; THENCE NORTH 30O28'40" WEST, 113.00 FEET; THENCE
EAST, 113.00 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58'24'09" A
DISTANCE OF 117.22 FEET; THENCE SOUTH 27'55'29" WEST, 59.64 FEET; THENCE SOUTH 03°22'26'q WEST, 80.34 FEET; THENCE SOUTH
86°37'34" EAST, 14.50 FEET; THENCE SOUTH 03O22'26" WEST,
SOUTH 03°22r2611 WEST, 34.63 FEET; THENCE SOUTH 39°38'531'
10.00 FEET; THENCE NORTH 86O37'34" WEST, 14.50 FEET; THENCE
THENCE NORTH 53°54'02" EAST, 30.43 FEET; THENCE NORTH
EAST, 25.81 FEET; THENCE SOUTH 80°24'0111 EAST, 82.32 FEET;
10.20 FEET; THENCE NORTH 08°12'05" EAST, 10.00 FEET; THENCE
EAST, 114.57 FEET; THENCE NORTH 51°04'001t EAST, 139.14 FEET; THENCE SOUTH 83°56'00't EAST, 40.60 FEET; THENCE SOUTH
38°56r00t@ EAST, 138.03 FEET; THENCE NORTH 51°04r0011 EAST,
SOUTH 51°04'0011 WEST, 11.46 FEET; THENCE SOUTH 85°46'1511
11.65 FEET; THENCE SOUTH 38°56'00'1 EAST, 10.00 FEET; THENCE
THENCE NORTH 04O13'45" EAST, 30.52 FEET; THENCE NORTH
EAST, 37.20 FEET; THENCE NORTH 47O23'30" EAST, 68.96 FEET;
38°56'00" WEST, 50.43 FEET; THENCE NORTH 18'43'34" EAST,
38.88 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 19,488 SQ.FT. OR 0.447 ACRE OF LAND MORE OR LESS.
RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE
08°53'09" EAST, 18.50 FEET; THENCE NORTH 81e47'55" WEST,
SOUTH 81O47'55" EAST, 10.20 FEET; THENCE NORTH 08'12'05"
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN
LICENSE EXPIRATION DATE: 12-31-92
C.M.W.D. 89-509
15 ' WA TER EASEMENT DEDICA TION I
mfl(7 f+l LlTRnff 07-39-90 f0777 flfl I! i
EXHIBI T "B I'
SHE€ T 4 OF 5 SHEETS
P&D Technologies
401 West *A' Street, Sulte 2500 san olego, CallfornJ'a 92101 Tel: (6191 232-4466 6.M.rN.O. B'I-rjw
PROJECT NAME: PROJECT NO. EXHIBIT
15' WA TER EASEMENT DEDICA TION 6
/_I.?" .I1 ,,T"",-" "7 '7~~"- ,n177 nn
I
NOT TO SCALE
SIT -E c
1
PROJECT NAME CMWD 89-509 PROJECT EXHIBIT
15' WATER EASEMENT DEDICATION NUMBER