HomeMy WebLinkAboutCT 00-20; Ventana Real LLC; 2013-0715011; 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].)
0^
DOCtt 2013-07
IIIIIIIIIIIII
50 1
DEC 11, 2013 9:25 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. Dionenbuifl, )<.. COUNTY RECORDER
FEES: 0.00
OC; NA
PAGES:
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.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
212-021-03 Assessor's Parcel No.:
Project ID:
Related Project ID:
Related Project ID:
Project Name:
CT 00-20
PR 06-67
PR 06-60
Ventana Real
GRANT DEED OF PUBLIC WATER EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Ventana Real, LLC, a Delaware
limited liability corporation, 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 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
Q:\CED\LandDev\PROJECTS\PR\PR 06\PR 06-67 Ventana Real LLC - Bobbett\PR 06-67 Grant Deed of Easement CMWD - 061713.doc
1
REV 01/25/13
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 3/ day of _^C^^^2013.
GRANTOR: Ventana Real, LLC a Delaware Limited Liability
Corporation
\/cii\{z^r\^^cal,LLC. ..... n
Cpn
ByL
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.)
Q:\CED\LandDev\PROJECTS\PR\PR 06\PR 06-67 Ventana Real LLC - Bobbett\PR 06-67 Grant Deed of Easement CMWD - 061713.doc REV 01/25/13
2
ACKNOWLEDGMENT
State of California
County of San Diego
On October 31, 2013 before me, Olivia V.D. Mack, Notary Public
(insert name and title of the officer)
personally appeared Jeffry A. Brusseau and Scott R. Brusseau
who proved to me on the basis of satisfactory evidence to be the personify whose name(0j,^/^
subscribedto the within instrument and acknowledged to me that tj^a/^/g^ executed the same in
jarfs/j?fer/t@r authorized capacity^j^), and that by hj,^/l)^r/tl^signature(^yon the instrument the
person^", or the entity upon behalf of which the persongjacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct.
WITNESS/fW hand and official seal.
Signatur (Seal)
OLIVIA VD MACK
Commission # 1923761
Notary Public • Galifornia
San Oiego County ^
My Comm. Expires Feb 26.20151
1
EXHIBIT 'A'
LEGAL DESCRIPTION
WATER EASEMENT DEDICATION
PR 06-67
BEING A PORTION OF LOT 3 OF CARLSBAD TRACT NO. 00-20 FOX-MILLER
PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15253 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 30,
2006, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, THE POINT
OF BEGINNING; THENCE ALONG THE EASTERLY PROPERTY LINE;
1 SOUTH 25°19'04" EAST 65.63 FEET TO THE BEGINNING OF A TANGENT
400.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE
ALONG THE ARC OF SAID CURVE
2 SOUTHERLY 38.34 FEET THROUGH A CENTRAL ANGLE OF 5°29'30";
THENCE
3 SOUTH 30°48'34" EAST 125.75 FEET; THENCE LEAVING SAID EASTERLY
PROPERTY LINE
4. SOUTH 59°11'26" WEST 89.10 FEET; THENCE
5. SOUTH 19°11'26" WEST 17.49 FEET; THENCE
6. SOUTH 21°38'50" EAST 165.20 FEET; THENCE
7. NORTH 68°21'10" EAST 7.99 FEET; THENCE
8. SOUTH 21°38'50" EAST 10.00 FEET; THENCE
9. SOUTH 68°2riO" WEST 7.99 FEET; THENCE
10. SOUTH 21°38'50" EAST 5.00 FEET; THENCE
11. SOUTH 68°2riO'' WEST 25.12 FEET; THENCE
12. SOUTH 2r38'50" EAST 17.42 FEET; THENCE
13. SOUTH 68°2ri0" WEST 10.00 FEET; THENCE
538WTRESMT-LEG.DOC Page ^
14. NORTH 2r38'50^' WEST 17.42 FEET; THENCE
15. SOUTH 68°21' 10" WEST 12.65 FEET; THENCE
16. NORTH 85°00'26" WEST 49.92 FEET; THENCE
17. SOUTH 68°21' 10" WEST 238.63 FEET; THENCE
18. NORTH 2r38'50^' WEST 20.00 FEET; THENCE
19. NORTH 68°21' 10" EAST 32.50 FEET; THENCE
20. NORTH 21°38'50" WEST 93.30 FEET; THENCE
21. NORTH 05°21'10" EAST 34.49 FEET; THENCE
22. NORTH 84°38'50" WEST 10.22 FEET; THENCE
23. NORTH 05°21'10" EAST 10.00 FEET; THENCE
24. SOUTH 84°38'50" EAST 10.22 FEET; THENCE
25. NORTH 05°21'10" EAST 5.00 FEET; THENCE
26. SOUTH 84°38'50" EAST 20.00 FEET; THENCE
27. SOUTH 05°2ri0" WEST 37.09 FEET; THENCE
28. SOUTH 84°38'50" EAST 8.02 FEET; THENCE
29. NORTH 05°21'10" WEST 6.79 FEET; THENCE
30. SOUTH 21°38'50" EAST 85.80 FEET; THENCE
31. NORTH 68°21'10" EAST 190.87 FEET; THENCE
32. SOUTH 85°00'26" EAST 49.92 FEET; THENCE
33. NORTH 68°2ri0" EAST 5.00 FEET; THENCE
34. NORTH 21°38'50" WEST 13.88 FEET; THENCE
35. NORTH 68°2ri0" EAST 18.04 FEET; THENCE
36. NORTH 21°38'50" EAST 153.76 FEET; THENCE
37. NORTH 19°ir26" EAST 32.22 FEET; THENCE
538WTRESMT-LEG.DOC Page 2 of 3
38. NORTH 59° 11 '26" EAST 30.66 FEET; THENCE
39. NORTH 30°48'34" WEST 6.02 FEET; THENCE
40. NORTH 40°10'56" WEST 113.18 FEET; THENCE
41. SOUTH 49°49'04" WEST 11.92 FEET; THENCE
42. NORTH 40°10'56" WEST 10.00 FEET; THENCE
43. NORTH 49°49'04" EAST 31.92 FEET; THENCE
44. SOUTH 40°10'56" EAST 124.82 FEET; THENCE
45. SOUTH 30°48'34" EAST 7.66 FEET; THENCE
46. NORTH 59°11'26" EAST 35.36 FEET; THENCE
47. NORTH 30°48'34" WEST 105.75 FEET TO THE BEGINNING OF A TANGENT
410.28 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE ALONG THE ARC
OF SAID CURVE
48. NORTHERLY 39.33 FEET THROUGH A CENTRAL ANGLE OF 5°29'34";
THENCE
49. NORTH 25°00'11" WEST 65.78 FEET TO THE BEGINNING OF A NON-
TANGENT 336.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY FROM WHICH A
RADIAL LINE TO THE CENTER BEARS
NORTH 23°36'44" WEST; SAID POINT
BEING ON THE NORTHERLY PROPERTY
LINE; THENCE ALONG SAID PROPERTY
LINE
50. NORTHERLY 10.00 FEET THROUGH A CENTRAL ANGLE OF 01°42'20" TO
THE POINT OF BEGINNING
CONTAINS 0.48 ACRES MORE OR LESS
RUDY P. PACHECO
LS 5717 EXP. 9-30-07
538WTRESMT-LEG.DOC Page 3 of 3
EXHIBIT 'B'
DATA TABLE:
LINE TABLE
NO. BEARING LENGTH
Ll S19V'26'W 17.49'
L2 N687m'E 7.99'
LJ S2r38'50'E wm'
L4 7.99*
L5 S2r38'50'E 5.00'
L6 S6821'10'W 25.12'
L7 SlVdS'SO'E 1742'
LS S68'21'W'W 10.00'
L9 N2V58'50''W 17,42'
LW S6821'W'W 12.65'
Lll N85V0'26''W 49.92'
L12 N2r38'50'W 20.00'
LU N6871'W'E 32.50'
L14 N0521'W'E 54.49'
L15 NSrJS'SO'W 10.22'
L16 N057VI0'E 10.00'
L17 S6m'50'E 10.22'
LW N057no''E 5.00'
LINE TABLE
NO. BEARING LENGTH
L19 S84'38'50'E 20.00'
L20 S0521'W''W 37.09'
L21 S84'J8'50'E 8.02'
L22 S0571'W''W 10.00'
L2J N84'J8'50''W 6.79'
L24 S85W'26''E 49.92'
L25 NBS^I'WE 5.00'
L26 N21'J8'50''E 13.88'
L27 N6821'W''E 18.04'
L28 N19V'26''E 32.22'
L29 N5911'26'E 30.66'
LJO NJ0'48'J4''W 6.02'
LJl S49'49'04''W 11.92'
LJ2 N4010'56''W 10.00'
LJJ N49'49'04''E 31.92'
LJ4 SJ0'48'J4''E 7.66'
LJ5 N5911'26''E 35.36'
LJ6 NJ0'48'J4'W 105.75'
CUR\/ E TABLE
NO. DELTA RADIUS LENGTH
Cl 0579'34'' 410.28' 39.33'
02 01'42'20' 336.00' 10.00'
VICINITY MAP
NOT TO SCALE
pACinc
OCEAN
/?>l.qy.9 or BEARINGS:
THE BASIS OE BEARINGS EOR THIS PLAT IS THE SOUTHERN
LINE OF LOT J PER MAP 1525J RECORDED 1/J0/06.
I.E NSS^I'WE
IFHAL DESCRIPTION:
LOT J OF CARLSBAD TRACT NO. 00-20 FOX-MILLER PROPERTf
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA
ACCORDING TO MAP THEREOF NO. 1525J. HLED IN THE OFHCE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JAN. JO, 2006.
A^-dRTNERS
OWNER/DEVELOPER %4frrpianning and Engineenng
RIO SAN DIEGO PLAZA II MASTER, LLC^ gl^^^eZ"fA%mT
1525 FARADA Y A VENUE. SUITE 100 (858)37^^^^^^^^
CARLSBAD, CA 92008 Fax: (858) 376-3555
PROJECT LOCATION
THIS PROJECT IS LOCA TED WITHIN ASSESSORS ,^ ^^^^
PARCEL NUMBER 212-020-2J • •
THIS PLAT WAS PREPARED BY ME
OR UNDER MY DIRECTION:
MY USCENCE EXPIRES 09/30/07 DATE
CARLSBAD MUNICIPAL WATER DISTRICT
D^^' 04-28-06 WATER EASEMENTT PLAT
LOT 3 OF MAP 15253
VENTANA REAL
DRAWN OX:
PARTNERS ENG'G.
SCALE: 1" = 100' WATER EASEMENTT PLAT
LOT 3 OF MAP 15253
VENTANA REAL
PR 06-67
AP.M 212-020-23
WATER EASEMENTT PLAT
LOT 3 OF MAP 15253
VENTANA REAL SHEET: | Qp- 2
LE6END:
•EXST. PROPERTY UHE EXHIBIT 'B'
RaB.
(R)
INDICATES WATER EASEMENT
DEDICATED WITHIN LOT J
AREA=-20,621 SF (0.474 AC)
= POINT OF BEGINNING
= INDICATES RADIAL BEARING
Lor 6
MAP 16263
LOT 2
MAP 16263
N682110E 655.48
CARLSBAD MUNICIPAL WATER DISTRICT
DATE: 04-28-06
SCALE: I" = 100'
A.P.N. 212-020-23
WATER EASEMENT PLAT
LOT 3 OF MAP 15253
VENTANA REAL
DRAWN BY:
PARTNERS ENG'G.
PR 06-67
SHEET: 2 OF 2
CERTIFICATION FOR ACCEPTANCE OF DEED
(CMWD)
This is to certify that the interest in real property conveyed by the
Grant Deed of Public Water Easement dated October 31, 2013, from
Ventana Real, LLC, a Delaware Limited Liability Corporation, 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: November 18, 2013
^HERR^FpisiNGER
= 5(g /Senior Deputy Secretary