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Home My WebLink AboutCT 03-10; Carlsbad Greens LLC; 2008-0614745; EasementRECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT ING REQUES D^:RECO Cart! AND WHEN RECORDED, PLEASE MAI LTD: 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].) W 7969 £9<?# 2008-0614745 DEC 01,2008 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEEb: 000 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.: 207-100-48-00 Project ID: CT 03-10 Project Name: Aura Circle Related Project ID: PR 08-34 Related Project ID: GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Carlsbad Greens LLC, 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 GRANT DEED OF EASEMENT CMWD rev 9-23-08Aura Circle .doc 1 7970 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 V day of (khbr>S2Qdx . GRANTOR: Carlsbad Greens, LLC By: MSK Management, Inc., A California Corporation DBA MSK Development Group, Managing Member B ?&&Z7 (prir>niame apeftitle of signatory) By: (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.) GRANT DEED OF EASEMENT CMWD rev 9-23-08Aura Circle .doc 7971 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated October 7, 2008, from Carlsbad Greens, LLC, 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 24, 2008 .oil"1"/, j-.o: S:o5: \x SHERRY FREISINGER, Deputy Secretary/ U CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7972 State of California County of J^CV>-N \j > o u o On (VVnW*!, aOttft. before me, Mel.nrLS (! Date personally appeared A 1N flxkU . BELINDA S.CARLOS-LOWNSTEIN? ^ COMM. # 1787743 * ^NOTARY PUBLIC-CALIFORNIA^ SAN DIEGO COUNTY 0 _COMM. EXPIRES DEC. 26 2011 J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)( is/are subscribed to the within instrument and acknowledged to me that he/shWttiey executed the same in(his/Bfer/thetr authorized capacity(ies), and that b(^hi§fjer/tfleif-s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and officjal seal. Signature OPTIONAL 7 Signature of flSBry Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Cy-J V>.Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: V RIGHT THUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Ftee 1 -800-876-6827 GRANT DEED OF EASEMENT CMWD rev 9-23-08Aura Circle .doc EXHIBIT "A" LEGAL DESCRIPTION CMWD WATERLINE EASEMENT PR 08-34 Portion APN 207-100-48-00 IJf Q n O Vesting: Doc. 2004-0487663 THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 17 OF LAGUNA RIVIERA UNIT NO. 1 ACCORDING TO MAP THEREOF NO. 5871 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 21, 1967, SAID NORTHWEST CORNER BEING ON THE SOUTHERLY LINE OF LOT 32 OF CARLSBAD TRACT NO. 73-8 UNIT NO. 1 (CARLSBAD PALISADES) ACCORDING TO MAP THEREOF NO. 8039 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 8, 1974; THENCE, COURSE NO. 1: SOUTH 74°33'50" WEST 247.47 FEET ALONG THE SOUTHERLY LINE OF LOTS 32 AND 62 OF SAID MAP NO. 8039 (SOUTH 74°35'32" WEST PER MAP NO. 8039); THENCE, LEAVING THE SOUTHERLY LINE OF SAID LOT 62, COURSE NO. 2: SOUTH 15026'10" EAST 15.00 FEET; THENCE, COURSE NO. 3: SOUTH 54°38'04" WEST 236.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 90.00 FEET; THENCE, COURSE NO. 4: WESTERLY 87.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°52'37"; THENCE, COURSE NO. 5: NORTH 69°29'19" WEST 117.33 FEET; THENCE, COURSE NO. 6: NORTH 15°26'10" WEST 15.00 FEET TO THE SOUTHERLY LINE OF LOT 130 OF CARLSBAD TRACT NO. 76-15 UNIT NO. 3 (PALISADES POINT) ACCORDING TO MAP THEREOF NO. 10579 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 31, 1983; THENCE, COURSE NO. 7: SOUTH 74°33'50" WEST 103.25 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 130 (SOUTH 74°35'12" WEST PER MAP NO. 10579) TO AN INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF A LINE THAT IS PARALLEL WITH AND 7.50 FEET NORTHWESTERLY OF THE SOUTHEASTERLY PROPERTY LINE OF LOT 286 OF LAGUNA RIVIERA UNIT NO. 9 (CARLSBAD TRACT NO. 72-35) ACCORDING TO MAP THEREOF NO. 7516 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 29, 1972; THENCE, COURSE NO. 8: SOUTH 48°28'14" WEST 65.38 FEET ALONG SAID NORTHEASTERLY PROLONGATION TO THE EASTERLY BOUNDARY OF SAID MAP NO. 7516; THENCE, COURSE NO. 9: SOUTH 16°24'20" EAST 22.09 FEET ALONG THE EASTERLY BOUNDARY OF SAID MAP NO. 7516 (SOUTH 16°46'14" EAST PER MAP NO. 7516) TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE AFORE DESCRIBED COURSE NO. 8; THENCE, COURSE NO. 10: NORTH 48°28'14" EAST 70.12 FEET ALONG THE LAST MENTIONED PARALLEL LINE TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHERLY OF THE AFORE DESCRIBED COURSE NO. 7; THENCE, COURSE NO. 11: NORTH 74°33'50" EAST 71.44 FEET ALONG THE LAST MENTIONED PARALLEL LINE TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHERLY OF THE AFORE DESCRIBED COURSE NO. 5; THENCE, COURSE NO. 12: SOUTH 69°29'19" EAST 136.39 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 110.00 FEET THAT IS CONCENTRIC WITH AND 20.00 FEET SOUTHERLY OF THE AFORE DESCRIBED COURSE NO. 4; THENCE, COURSE NO. 13: EASTERLY 107.28 FEET ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 55°52'37"; THENCE, COURSE NO. 14: NORTH 54°38'04" EAST 264.96 FEET; THENCE, COURSE NO. 15: NORTH 15°26'10" WEST 4.12 FEET TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHERLY OF THE AFORE DESCRIBED COURSE NO. 1; THENCE, COURSE NO. 16: NORTH 74°33'50" EAST 209.39 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE WESTERLY LINE OF SAID LOT 17 OF MAP NO. 5871; THENCE, COURSE NO. 17: NORTH 02°37'30" WEST 20.51 FEET (NORTH 02°52'22" WEST PER MAP NO. 5871) TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 17,697 SQUARE FEET, MORE OR LESS. PREPARED BY: PHJLIP D. BUCCOLA, R.C.E. 27732 REGISTRATION EXPIRES 3-31-10 DATE: 1C? EXHIBIT"B" SHEET 1OF2 SHEETS 7974 SCALE I" = 200' CITY OF ENCINITAS VICINITY MAP WATER EASEMENT SEE SHEET 2 NOT TO SCALE PORTION OF LOT I RANCHO ACUA HEDIONDA MAP NO. 823 VESTING: DOC. 2004-0487663 LACUNA RIVIERA UNIT No. 9, MAP No. 7516 286\287\288 \ 289 I 290 I 291 CO§CN\IOi *1 PREPARED IN THE OFFICE OF: BUCCOLA ENGINEERING, inc 3142 Vista Way, Suite 301, Oceanside, CA 92056 CARLSBAD MUNICIPAL WATER DISTRICT - EASEMENT PR 08-34 REQUESTED BY: MSK DEVELOPMENT CROUP, INC. PO BOX 300489 ESCONDIDO, CA. 92030 (760) 749-6060 PREPARED BY: D. R.C.E?277J2, EXP. 3-3J-10 A.P.N 207-100-48-00 DATE: 7975 EXHIBIT "B" SHEET 2 OF 2 SHEETS 100 SCALE I" = 100' ^^^^^^K0 100 LINE DATA Li L2 L3 L4 L5 BEARING N69'29'19"W N15*26'10"W S48*28'14"W N48'28'14"E N74'33'50"E DISTANCE 117.33' 15.00' 65.38' 70.12' 71.44' A A PREPARED IN THE OFFICE OF: 760/721-2000BUCCOLA ENGINEERING, inc 3142 Vista Way, Suite 301, Oceanside, CA 92056 I A LACUNA RIVIERA UNIT No. J -—/1\ 17 MAP No. 587 J POINT OF BEGINNING. 200 INDICATES A UTILITY EASEMENT. 20-FEET WIDE. DEDICATED TO AND ACCEPTED BY THE CITY OF CARLSBAD ON LACUNA RIVIERA UNIT NO. 1. MAP NO. 5871. INDICATES AN EASEMENT FOR WATER SYSTEM. SEWERAGE. DRAINAGE AND INCIDENTAL PURPOSES. 15-FEET WIDE. HELD BY THE CITY OF CARLSBAD RECORDED ON OCTOBER 5. 1971 AS INSTRUMENT NO. 228810 OF OFFICIAL RECORDS AND SHOWN ON LACUNA RIVIERA UNIT NO. 9. MAP NO. 7516. WATER EASEMENT AREA = 17,697 S.F. EXHIBIT A N 2'37'30 20.51' N 15*2610 4.12' S 15'26'10" E 15.00' Ap55'5237 R=90.00' L=87.77' ro» 6) 00oS A=55'52'37" R=110.00' L=107.28' PORTION OF LOT T RANCHO ACUA HEDIONDA MAP NO. 823 VESTING: DOC. 2004-0487663 -SE'LY LINE LOT 286 OF MAP NO. 7516 AND CENTERLINE 15-FOOT WATER SYSTEM EASEMENT PER INST. 71-228810 I \ -S 16'24'20" I 22.09' \ \ LACUNA RIVIERA UNIT No. 9, MAP No. 7516 286 \\\ 287 \ 288 \ 289