Loading...
HomeMy WebLinkAboutCDP 97-40A; Wave Crest Resorts LLC; 2005-0850708; Easement/ DOC # 2005-0850708 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 '7v SEP 30,2005 459 PM 0 FFlClAL RE CORDS 5414 UIEhO COUNT f' RECORDER'S OFFICE GREGORYJ SMITH COUNTY RECORDER FEES 0 00 OC NA 7 P,4G E S I111111 Ulll1111111111111111111 Ill11 11111 Ill1 Ill11 11111 Ill1 Ill11 Ylll111 Ill1 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the strict (Gov. Code [6103].) Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 Project No. & Name: CDP 97-40NSDP 97-19A ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Assessor's Parcel No.: Hilton Meeting Room 21 0-1 00-1 9 encumbrances remaining at time of sale. PR 05-55 ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. JCIK,&eputy City Engineer GRANT DEED OF WATER LINE EASEMENT Wave Crest Resorts LLC, a California limited liability company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, 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 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 1 HYDevelopment Servcies/Masters/Deeds-Grant Deeds-EasemenWGrant Deed of Water Line Easement 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 "B" attached hereto and by this ref rence made part hereof. Executed bytheGrantorthis 2 dayof $f 200c . GRANTOR: Wave Crest Resorts LLC, a California limited liability company By: Le ! $ Two Seas Enterprises, Inc., a California corporation, By: I (sign here) (print name and title of signitory) William L. Canepa, President /sppTp+ ?,-" By: (sign here) (print name and title of signatory) By: (sign here) By: (title of signatory) (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: H:/Developrnent ServciedMasterdDeeds-Grant Deeds-EasementdGrant Deed of Water Line Easement 2 State of California ) ) County of San Diego ) (Nahe, Title of Offfcer) \" personally appeared . L/ ckfifO& (Nahe[s] of Signer[s]) $ personally known to me -OR - 1 (proved to me on the basis of satisfactory evidence) to be the personH whose narne(4 ish subscribed to the within instrument and acknowledged to me that hekktfttr/ executed the same in hislhedtbw authorized capacity*), and that by his/++e&+wr signature(# on the instrument the person(6, or entity upon behalf of which the persong) acted, executed the instrument. WITNESS my hand and official seal -1 (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer(s) other than named above I EXHIBIT ‘A’ LEGAL DESCRIPTION 10.00’ WIDE WATER EASEMENT ALL THAT PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE OFFICIAL RECORD OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: RECORDED NOVEMBER 17,1998 AS DOCUMENT NUMBER 1998-074741 9 OF COMMENCING AT POINT ‘E’ OF THE EXISTING WATER EASEMENT BEGINNING, THENCE GRANTED PER DOCUMENT NUMBER 2000-0419047 AT THE POINT OF 1. NORTH 77’55’44’’ EAST 8.00 FEET ; THENCE 2. NORTH 67’30’37” EAST 221.78 FEET TO THE TRUE POINT OF BEGINNING THENCE 3. NORTH 22’29’23” WEST 23.00 FEET TO THE POINT OF TERMINATION. CONTAINS 0.005 ACRES MORE OR LESS MIGUEL A. MARTINEZ ‘ LS 7443 EXP. 6-30-06 Page 1 of 1 WTRESMT.txt Page 1 PROJECT: 530 Figure Name: WATER EASEMENT North: 349271.4328 East: 1670905.0764 Distance: 8.00 North: 349273.1058 East: I6709 12.8995 Distance: 22 1.78 North: 349357.9415 East: I671 117.8149 Distance: 23.00 North: 349379.1 897 East: 167 1 109.0 1 80 Distance: 23.00 North: 349357.94 I5 East: 167 1 1 17.8 149 Distance: 221.78 North: 349273.1058 East: 1670912.8995 Distance: 8.00 North: 349271.4328 East: 1670905.0764 Course: N 77-55-44 E Course: N 67-30-37 E Course: N 22-29-23 W Course: S 22-29-23 E Course: S 67-30-37 W Course: S 77-55-44 W Perimeter: 505.56 Area: 0.00 0.00 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.000 Precision 1 : 505559067.1 8 Course: S 90-00-00 E Page 1 1'. , '. . DRAW BY;. CARLSBAD MUNICIPAL WATER DlSTRlCT DA 08-09-2005 WATER EASEMENT PLAT PARWERS ENG? SCALE: ID= 40' A'P*N' 210-100-19-00 gEp , of, PARCEL 'A' OF CERTIFICATE OF COMPLIANCE 530WlRESMTREV.dwg 8-9-05 8:01:19 am EST CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated September 2,2005, from Wave Crest Resorts LLC, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 191 1, 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 Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized off ice r. DATED: September 29,2005