HomeMy WebLinkAbout; Marriott Senior Living Services, Inc.; 1998-0301492; Easement.. REGDRDING REQUESTED BY
' SERVICES, INC. MARRIOTT SENIOR LIVING
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real Engineering Department
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].) \ ~- \
\.
ti
May 21. 1998 3531 PM
FEES: 0.00 oc: NII
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 167-090-70.71.72
Documentary transfer tax is $o.oO Project No. & Name 964346. Marriott Briahton
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged.
Gardens, El Camino Real and Hosp Wav
WILLIAM E. PLUMMER, District Engineer
GRANT DEED OF RECLAIMED WATER LINE EASEMENT
MARRIOTT SENIOR LIVING SERVICES, INC., a Delaware Corporation, as to Parcel C
does hereby grant to CARLSBAD MUNICIPAL 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, 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
1 10/20/97 Rev.
'. ,. 299
' 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
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 "6 attached hereto and by this reference made a part hereof.
d by the Grantor this &day of @?/ ,
GRANTOR
MARRIOlT SENIOR LIVING SERVICES, INC.,
a Delaware Corporation, as to Parcel C
(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: JANE M BALDI. Deputy General Counsel CMWD 964.446
10/20/97 Rev. 2
300
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal,
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-C.446
06/14/95 Rev.
30 1
personally known to me - OR - ” proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-C.446
06/14/95 Rev.
302
EXHIBIT "A"
LEGAL DESCRIPTION
VTlUly EASEMENT
MARRIOTI' BRIGHTON GARDENS
CITY OF CARLSBAD
THOSE CERTAIN STRIPS OF LAND WlTHlN PARCELS "A". "B" AND "C", IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN LOT LINE
ADJUSTMENT 500 FILED MAY 6,1997, PER CERTIFICATE OF COMPLIANCE DOCUMENT NO.
SAID COUNTY. DESCRIBED AS FOLLOWS:
A TWENTY-FIVE FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED
AS FOLLOWS:
1997-0210208, PAGES 351-362, INCLUSIVE. IN THE OFFICE OF THE COUNTY RECORDER OF
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WlTH AND 0.50 FEET
SOUTHERLY OF THE LINE COMMON TO SAID PARCEL "B" AND SAID PARCEL "C" AND THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL; THENCE ALONG SAID
PARALLEL LINE NORTH 51'39'59" EAST 58.23 FEET TO A LINE PARALLEL WlTH AND 67.00
FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL "C" SHOW AS HAVING A
BEARING OF "N38"20'01W IN SAID CERTIFICATE OF COMPLIANCE, SAID POINT
HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING ALONG
AFOREMENTIONED PARALLEL LINE WlTN SAID COMMON LINE NORTH 51'3959' EAST
194.1 I FEET TO A POINT HEREINAFTER REFERRED TO A POINT "8"; THENCE
CONTINUING ALONG SAID PARALLEL LINE NORTH 51'39'59" EAST 31.22 FEET TO A LINE
'E" AND "C" SHOW AS HAVING A BEARING OF "N20'56'22'W IN SAID CERTIFICATE OF
PARALLEL WlTH AND 14.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID PARCELS
COMPLIANCE; THENCE ALONG SAID PARALLEL LINE NORTH 20'56'22" WEST 83.39 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 353832" WEST 54.00 FEET TO A LINE
PARALLEL WITH AND 37.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID PARCEL
CSHOWN AS HAVING A BEARING OF 'N12'4804W IN SAID CERTIFICATE OF
COMPLIANCE; THENCE ALONG SAID PARALLEL LINE NORTH 12'48'04" WEST 101.52
FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 38'20'01'WEST 52.13 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "c", THENCE CONTINUING
NORTH 38'2001" WEST 26.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT T; THENCE CONTINUING NORTH 3820'01" WEST 42.79 FEET TO A LINE PARALLEL WlTH
AND 20.83 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID PARCEL "C"
SHOWN AS HAVING A BEARING OF "N57'03'48W IN SAID CERTIFICATE OF COMPLIANCE;
THENCE ALONG SAID PARALLEL LINE NORTH 57'03'48" WEST 52.91 FEET TO A POINT
HEREINAFTER REFERRED TO AS POlNT'F AND THE TERMINUS OF HEREIN DESCRIBED
CENTERLINE:
AND A TWENTY FOOT WlDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "A"; THENCE ALONG SAID LINE PARALLEL WITH AND 67.00
FEET EASTERLY OF SAID WESTERLY LINE OF SAID PARCEL%" SHOWN AS HAVING A
BEARING OF "N38'20'01W IN SAID CERTIFICATE OF COMPLIANCE,
NORTH 38'20'01" WEST 142.19 FEET TO A POINT HERElNAmR REFERRED TO AS
SHEET 1 OF 3 CMWDN6-C-446
303
POINT "F; THENCE CONTINUING ALONG SAID PARALLEL LINE AND ITS
PROLONGATION NORTH 38'20'01" WEST 264.82 FEET; THENCE LEAVING SAID
PARALLEL LINE NORTH 32'23'44" EAST47.46 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "G"; THENCE CONTINUING NORTH 32'23'44" EAST 95.48
FEET; THENCE NORTH 38'20'01" WEST 40.05 FEET; THENCE NORM 063959" EAST
21.84 FEET; THENCE NORTH 51'3959" EAST 71.93 FEET; THENCE
NORTH 87'13'22" EAST 21.56 FEET TO A LINE THAT IS PARALLEL WlTH AND 26.33 FEET
SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID PARCEL "C" SHOWN AS
THENCE ALONG SAID PARALLEL LINE SOUTH 57'03'48" EAST 107.53 FEET TO A POINT
IN A LINE THAT BEARS SOUTH 32'56'12'WEST 5.50 FEET FROM SAID POINT "F.
HAVING A BEARING OF "N57'03'48W IN SAID CERTIFICATE OF COMPLIANCE;
AND A TWENTY FOOT WlDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL Wrm AND 20.0 FEET
WESTERLY OF THE EASTERLY LINE OF SAID PARCELS "A" AND "B" SHOWN AS
THE SOUTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID PARALLEL LINE
HAWNG A BEARING OF "N2O056'22W IN SAID CERTIFICATE OF COMPLIANCE AND
AND 0.50 FEET SOUTHERLY OF SAID LINE COMMON TO SAlD PARCEL "B" AND SAID
NORTH 20'56'22" WEST 442.54 FEET TO A POINT IN SAID LINE THAT IS PARALLEL WlTH
PARCEL %-.
AND, TWENTY FOOT WlDE STRIPS OF LAND, THE CENTERLINES OF WHICH ARE
DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "8"; THENCE NORTH 38'20'01" WEST 23.50 FEET.
BEGINNING AT SAID POINT "C"; THENCE NORTH 51'3959" EAST 45.62 FEET TO SAlD
'N57'03'48W IN SAID CERTIFICATE OF COMPLIANCE.
EASTERLY LINE OF SAID PARCEL "C" SHOWN AS HAVING A BEARING OF
BEGINNING AT SAID POINT "D"; THENCE SOUTH 51'39'59" WEST 23.50 FEET.
BEGINNING AT SAID POINT "G"; THENCE SOUTH 57'36'16" EAST 40.00 FEET.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF A LINE
HAWNG A BEARING OF NORTH 38'2001'WEST. THE SOUTHEASTERLY TERMINUS
OF LAND, NORTH 32-2344" EAST 16.70 FEET FROM THE SOUTHWESTERLY
OF WHICH IS A POINT IN THE SOUTHEASTERLY LINE OF SAID 20.00 WlDE STRIP
TERMINUS THEREOF.
BEGINNING AT SAID POINT "F; THENCE SOUTH 51'3959" WEST 25.00 FEET.
AND, A 15.50 WlDE STRIP OF LAND, THE CONTROL LINE OF WHICH IS SAID LINE THAT IS
PARALLEL WTH AND 0.50 FEET SOUTHERLY OF SAID LINE COMMON TO SAID PARCEL
"B" AND SAID PARCEL "C.
THE NORTHWESTERLY SIDELINE BEING A LINE PARALLEL WlTH AND 15.50 FEET
LINE OF El. CAMINO REAL TO SAID POINT "Am.
NORTHWESTERLY OF SAID CONTROL LINE FROM THE NORTHEASTERLY RIGHT-OF-WAY
SHEET 2 OF 3 CMWD#96-C448
30 4
THE SIDELINES OF HEREIN DESCRIBED EASEMENT SHALL BE PROLONGED OR
SHORTENED TO CREATE CONTINUOUS AND FULL EASEMENT WlDTHS AT ALL
INTERSECTING COURSES AND CURVES.
ALL AS IS SHOWN ON EXHIBIT “E” ATTACHED HERETO AND MADE A PART HEREOF.
SHEET 3 OF 3 CMWD #96-C446
LEGAL DESCRIPTION 3 0 5
I 1 160 240 \
A.P.N. 167-090-59
UTILITY EASEMENT PLAT - CITY OF CARLSBAD
SLConsulting Engineers PREPARED By: PROJECT: SCALE: l”80’
re Jenner Street. Suite 200 c
vine. California 92618 714) 727-7099
BRIGHTON GARDENS EX H I B IT ” B”
P.L.S. 7418 MP. 12/31/97 CMWO #96-C446 SHEET 1 OF 2 SHEETS
LEGAL DESCRIPTION 306
I UTILITY EASEMENT PLAT - CITY OF CARLSBAD
ASLConsulting Engineers PREPARED By: PROJECT: SCALE: l”80’
, Irrine. California 92618
One Jenner Street. Suite 200
(714) 727-7099
BRIGHTON GARDENS EXH I BIT ” B”
P.LS. 7418 EXP. 12/31/97 CMWD #96-C446 SHDET 2 OF 2 SHEETS
3 0'7
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
April 14 , 1998, from MARRlOlT SENIOR LIVING SERVICES, INC.. a Delaware
Comoration, as to Parcel C to the Carlsbad Municipal Water District, Carlsbad. California, pursuant to
the Municipal Water District Act of 191 1, 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. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997,
and the grantee consents to recordation thereof by its duly authorized officer.
DATED: May 18, 1998
CMWD 964.446
11/03/97 Rev