HomeMy WebLinkAboutCT 03-02; Grand Pacific Carlsbad Hotel LP; 2008-0129231: EasementRECORDED AT THE REQUEST OF
CHICAGO TITLE COMFftNY
SUBDIVISION DEPT.
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
District Secretary
Carlsbad Municipal Water Dist.
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].)
14500
DOC# 2008-0129231
MAR 11, 2008 4:59 PM
OFFICIAL RECORDS .
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. 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.
Assessor's Parcel No.: 213-130-01-00
Project No. & Name: CT 03-02
Carlsbad Ranch Resort Planning Area 5
PR 07-30
CARLSBAD MUNICIPAL WATER DISTRICT
By:
DAVID A. MAUSER, Deputy City Engineer
GRANT DEED OF WATER LINE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Grand Pacific Carlsbad Hotel, L.P., a
Delaware limited partnership, 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, 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
H:/Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement
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14501
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 reference made a part hereof.
Executed by the Grantor this c=y^ day of Jc)U] 20 O 7 .
GRANTOR: Grand Pacific Carlsbad Hotel, L.P.,
a Delaware limited partnership
By: Grand Pacific Carlsbad Hotel, Inc., a California corporation,
it's General Partner
(print name and title of signatory)
By:
(sigrTTtere)
Dfo/fol 6.
(print name and 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:
Deputy General Counsel
H./Development Servcies/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Water Line Easement
2
14502
State of California
County of San Diego
ACKNOWLEDGMENT
) ss
On June 27. 2007. before me, Diane M. Proulx. a Notary Public, personally appeared
Timothy J. Stripe, personally known to me (or proved to be on the basis of satisfactory
evidence) to be the person^s) whose narne-(s) is/arc subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity^es), and that by his/her/their signature^ on the instrument the person{s), or the
entity upon behalf of which the person^s) acted, executed the instrument.
Seal
WITNESS my hand and official seal:
IM.MOUX
CommfcHon * 1681870
NofcHyFuttc-Caftomta
MrComm.feqBlmMar14,201fl '
14503
ACKNOWLEDGMENT
State of California )
) ss
County of San Diego )
On July 5. 2007. before me, Elizabeth S. Quinette. a Notary Public, personally appeared
David S. Brown, personally known to me (or proved to be on the basis of satisfactory
evidence) to be the person(s} whose namefs) is/arc subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity-^es), and that by his/her/their signature^) on the instrument the person(s), or the
entity upon behalf of which the personfs) acted, executed the instrument.
Seal
WITNESS my hand and official seal:
Signature
EUZAKTHS.QWNETO
Commission * 1670690
Notary Public - Cowomta
Son Dtogo County
MyComm. Expire* Jun25.201
14504 SHEET 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
CT 03-02
PR 07-30
THAT PORTION OF PARCEL A OF ADJ06-18 AS SHOWN ON CITY OF
CARLSBAD CERTIFICATE OF COMPLIANCE NO. CE 060033, RECORDED
OCTOBER 6, 2006 AS DOC. NO. 2006-0714868 OF OFFICIAL RECORDS, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL 1
A 20.00 FOOT WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING
10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL A AS
SHOWN ON CITY OF CARLSBAD ADJUSTMENT PLAT ADJ 06-18, SAID POINT
ALSO LYING ON A 522.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 40°20'21" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG
THE WESTERLY LINE OF SAID PARCEL A THROUGH A CENTRAL ANGLE OF
24°24'34", AN ARC LENGTH OF 222.38 FEET TO THE BEGINNING OF A 353.00
FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO
SAID POINT BEARS SOUTH 64°44'55" WEST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
15°35'49", AN ARC LENGTH OF 96.09 FEET TO THE TRUE POINT OF
BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 49°09'06" WEST;
THENCE LEAVING SAID WESTERLY LINE OF PARCEL A NORTH 49°09'02"
EAST A DISTANCE OF 89.17 FEET; THENCE NORTH 10°05'59" EAST A
DISTANCE OF 128.02 FEET; THENCE NORTH 36°58'55" EAST A DISTANCE OF
21.31 FEET; THENCE NORTH 59°28'55" EAST A DISTANCE OF 62.59 FEET;
THENCE NORTH 81°58'55" EAST A DISTANCE OF 34.80 FEET; THENCE SOUTH
75°31'05" EAST A DISTANCE OF 61.89 FEET; THENCE SOUTH 08°01'05" EAST A
DISTANCE OF 109.31 FEET; THENCE SOUTH 26°31'05" EAST A DISTANCE OF
67.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING SOUTH 26°31'05" EAST A DISTANCE OF 13.44 FEET; THENCE
SOUTH 18°29'48" EAST A DISTANCE OF 56.92 FEET; THENCE SOUTH 40°01'57"
EAST A DISTANCE OF 39.20 FEET; THENCE SOUTH 30°31'05" EAST A
DISTANCE OF 36.24 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING
20.00 FOOT WIDE PUBLIC UTILITY EASEMENT DEDICATED TO THE CITY OF
CARLSBAD AS SHOWN ON MAP NO. 15332, RECORDED MAY 3, 2006 AS FILE
14505 SHEET 2 OF 2
NO. 2006-0311804, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE END THEREOF.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED
TO TERMINATE AT SAID WESTERLY LINE OF PARCEL A.
PARCEL 2
A 10.00 FOOT WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING
5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT "A"; THENCE NORTH 59°48'47" EAST A
DISTANCE OF 15.61 FEET TO THE END THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1.
SAID PARCELS 1 AND 2 CONTAIN A TOTAL OF 14,459.70 SQUARE FEET.
14506
SCALE 1 "=50'
POINT OF
COMMENCEMENT
N36'58'55"E 21.31'
<N
fc
S!
^F BEGINNING
EXCEL ENGINEERING
440 STATE PLACE
ESCONDIUl CA 98029
PHONE (760) 745-8118 WATERUNE EASEMENT PLAT 0 50 100
APPLICANT/OWNER
GRAND PACIFIC RESORTS, INC.
5900 PASTEUR COURT, SUITE 200
CARLSBAD, CA 92008
(760) 431-8500
CONTACT: TIM STRIPE
EXHIBIT "B1
MICHAEL D. LEVIN
LS. 6896
DATE
EXP. 6/30/07
SHT1 OF 2 SHTS
CT 03-02
PR 07-30
APN: 211-130-01
N59'28'55"E 62.59'
N8r58'55"E 34.80'
\
S75'31'05"E 61.89'
S26'3105E 67.36'
S26-31'05"E 13.44'
S18"29'48"E 56.92'
S40V1'57"E 39.20'
S30'31'05"E 36.24'
14507
N59'48'47"E 15.61'
EXCEL ENGINEERING
440 STATE PLACE
ESCONVm CA 9SOS9
PHONE (760) 745-8118
EXISTING PORTION OF
20.00' WIDE PUBLIC UTILITY
EASEMENT PER MAP 15332
WATERUNE EASEMENT PLAT 0 50 100
APPLICANT/OWNER
GRAND PACIFIC RESORTS, INC.
5900 PASTEUR COURT, SUITE 200
CARLSBAD, CA 92008
(760) 431-8500
CONTACT: TIM STRIPE
EXHIBIT "B1
MICHAEL D. LEVIN
LS. 6896
DATE
EXP. 6/30/07
SHT 2 OF 2 SHTS
CT 03-02
PR 07-30
APN: 211-130-01
14508
CERTIFICATION FOR ACCEPTANCE OF DEED
(CMWD)
This is to certify that the interest in real property conveyed by the Grant Deed of
Easement dated July 5, 2007, from Grand Pacific Carlsbad Hotel, L.P., 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: January 2, 2008
REISINGl^R, Deputy Sectary