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HomeMy WebLinkAboutCUP 06-11A; PRS Acquisition and Construction LLC; 2009-0473462; EasementDOC# 2009-0473462 RECORDING 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].) AUG 24, 2009 1:55 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 OC: NA PAGES:11 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.: Project ID: Project Name: APN 213-122-10 & 11 CUP 06-11A Pacific Ridge Expansion School Related Project ID: Related Project ID: PR 09-13 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), PRS Acquisition and Construction, LLC, a California limited liability company, 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 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. fA ° Executed by the Grantor this _° _ day of GRANTOR: PRS Acquisitions and Construction, LLC, a/California limited liability company By: (sign here) ^"^ Philip D. Hitch, Manager (print name and title of signatory) _By: / (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.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Ol/Cb/frCC'/ before me, * Me personally appeared z -Ckcsoo / Here Insert Name and Title'of the Officer Z>. H/TCH Name(s) of Signer(s) IJ. DIAZ-OftOSCO Commission* 1711714 Notary PubNc - CoHfornto I Son Dtogo County 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/she/they executed the same in his/her/their authorized cap_ac[ty(ies), and that by his/her/ifieTr signature(s) on the instrument the £ersp_n(s)ror 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 apd official seal. Signature OPTIONAL 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:. 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 CH 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:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE EASEMENT DEDICATION PR 09-13 (WATER EASEMENT A) A PORTION OF PARCEL "A" OF CITY OF CARLSBAD ADJ 07-02 PER CERTIFICATE OF COMPLIANCE NO. CE 07-09, DATED DECEMBER 7, 2007 AND RECORDED ON DECEMBER 24, 2007 AS INSTRUMENT 2007-789135, OF OFFICIAL RECORDS, AND PARCEL 4 OF CITY OF CARLSBAD MS 04-19A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 19958, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MARCH 27, 2006, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL A, ALSO BEING THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 19958; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL A, NORTH 87°35'53" EAST 261.08 FEET; THENCE SOUTH 75°24'02" EAST 10.44 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF THE GENERAL UTILITY AND ACCESS EASEMENT RECORDED ON MAY 14, 2007 AS DOCUMENT NO. 2007-0327621; SAID INTERSECTION BEING ON A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 145.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 75°24'02" WEST; THENCE SOUTHERLY ALONG SAID CURVE AND ALONG THE WESTERLY SIDE OF SAID EASEMENT THROUGH A CENTRAL ANGLE OF 2°56'33" A DISTANCE OF 7.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°57'47" A DISTANCE OF 12.55 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 72°12'04" EAST 10.21 FEET; THENCE SOUTH 05°51'45" WEST 3.37 FEET; THENCE, LEAVING SAID WESTERLY EASEMENT LINE, SOUTH 77°34'56" WEST 45.03 FEET; THENCE SOUTH 12°25'04" EAST 4.61 FEET; THENCE SOUTH 77°34'56" WEST 5.00 FEET; THENCE NORTH 12°25'04" WEST 4.32 FEET; TO A NON-TANGET CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 280.00 FEET, A RADIAL TO SAID BEGINNING BEARS NORTH 27°52'22" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°39'33" A DISTANCE OF 96.07 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 07°11'25" EAST 8.00 FEET; THENCE SOUTH 82°48'35" WEST 10.00 FEET; THENCE NORTH 07° 11 '25" WEST 8.00 FEET; TO A NON-TANGET CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 280.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°52'55" A DISTANCE OF 82.50 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 54°48'37" WEST 19.16 FEET; THENCE SOUTH 08°13'15" WEST 150.63 FEET; THENCE SOUTH 20°42'34" WEST 33.01 FEET; THENCE SOUTH 08°33'38" WEST 172.23 FEET; THENCE SOUTH 00°00'00" WEST 218.64 FEET; THENCE SOUTH 89°20'23" EAST 265.94 FEET TO THE INTERSECTION WITH SAID WESTERLY EASEMENT LINE, SAID INTERSECTION BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 141.00 FEET, A RADIAL TO SAID INTERSECTION BEARS SOUTH 86°27'54" EAST; THENCE SOUTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°08'08" A DISTANCE OF 20.02 FEET; THENCE, LEAVING SAID WESTERLY EASEMENT LINE, NORTH 89°20'23" WEST 177.14 FEET; THENCE SOUTH 00°39'37" WEST 4.61 FEET; THENCE NORTH 89°20'23" WEST 4.00 FEET; THENCE N 00°39'37" EAST 4.61 FEET; THENCE NORTH 89°20'23" WEST 77.07 FEET; THENCE SOUTH 00°39'37" WEST 8.50 FEET; THENCE NORTH 89°20'23" WEST 10.00 FEET; THENCE N 00°39'37" EAST 8.50 FEET; THENCE NORTH 89°20'23" WEST 17.92 FEET; THENCE NORTH 00°00'00" WEST 239.91 FEET; THENCE NORTH 08°33'38" EAST 175.86 FEET; THENCE NORTH 20°42'34" EAST 32.95 FEET; THENCE NORTH 08°13'15" EAST 157.05 FEET; THENCE NORTH 54°48'37" EAST 36.43 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET; THENCE EAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°23'59" A DISTANCE OF 110.72 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 12°56'55" WEST 13.20 FEET; THENCE NORTH 77°03'05" EAST 10.00 FEET; THENCE SOUTH 12°56'55" EAST 13.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET; THENCE EAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°14'35" A DISTANCE OF 37.41 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 22°18'39" WEST 4.53 FEET; THENCE NORTH 67°41'21" EAST 3.95 FEET; THENCE SOUTH 23°10'46" EAST 4.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET; THENCE EAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°30'19" A DISTANCE OF 24.98 FEET; THENCE, NON-TANGENT TO SAID CURVE, NORTH 77°34'56" EAST 48.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.53 ACRES, MORE OR LESS Robert J WojgC'RCE 336#8 DATE Expires 6/30/10 EXHIBIT "B' LEGEND PROPOSED WATER EASEMENT T.P. O.B. TRUE POINT OF BEGINNING P. 0. C. POINT OF COMMENCEMENT — BOUNDARY EX. STREETR.O.W. STREET CENTERUNE ENGINEER OF WORK Hofman Planning & Engineering 3152 LJonshead Avenue Carlsbad, CA 92010 (760) 692-4100 www.hofmanplanning.com BASIS OF BEARING THE BASIS OF BEARINGS FOR THIS SURVEY IS BETWEEN CAL-COORD TIES "V-2002" AND "SDGPS 41" PER aTY OF CARLSBAD SURVEY CONTROL RECORD OF SURVEY 17271, FILED FEBRUARY 8, 2002 AS FILE NO. 2002-0112862. I.E. N 88"54'05" W (PER P.M. 19958) CITY OF VISTA OT TO SCALE VICINITY MAP LEGAL DESCRIPTION PARCEL A OF CERTIFICATE OF COMPLIANCE NO, CE 07-09 PER DOCUMENT NO. 2007-0789135 RECORDED DECEMBER 24, 2007, AND PARCEL 4 OF PARCEL MAP NO. 19958 RECORDED MARCH 27, 2006. ROBERT J. WOXIK* R.C.E. 33698 EXP. 6/30/10 EASEMENTDEDICAWN-CARLSBAD MUNICIPAL WATER DISTRICT DATE SHEET 1 OF 4 CUP 06-11A PR 09-13 APPLICANT: PRS ACQUISITION AND CONSTRUCTION, LLC 626P EL FUERTE STREET CARLSBAD, CA 92009 PAC/HO RIDGE SCHOOL WATER EASEMENT APN 213-122-10 213-122-11 P.O.C. EXHIBIT "B" PARCEL 1 Of PM 19958 ^ S_2$41'Q5'JM "' A/ fiT35'53' E 261.08' __ ^ -20.447 fi'24/02" W .P.O.B. •^ CURVE TABLE CURVE C1 C2 C3 C4 C6 C7 C8 DELTA 02'56'33" 04'57'37" 19'39'33" 16-52'55" 24'23'59" 08-14'35" 05'30'19" RADIUS 145.00' 145.00' 280.00' 280.00' 260.00' 260.00' 260.00' LEHGTH 7.45' 12.55' 96.07' 82.50' 110.72' 37.41' 24.98' LINE TABLE 1INE LI L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L20 L21 L22 L23 L24 L25 L26 L27 128 BEARING S 75'24'02" E S 72'12'04" E S 05-51 "45" W S 7734'56" W S 12'25'04" E S 7734'56" W N 12'25'04" W S 0711 '25' E S 82'48'35" E S 82'48'35" E S 54'48'37" W S 20'42'34" W N 20'42'34" E N 54'48'37" E N 12'56'55" W N 7703'05" E S 12'56'55" E N 22'18'39" W N 67"41'21" E S 2SW46" E N 7734'56" E LEHGTH 10.44' 10.21' 3.37' 45.03' 4.61' 5.00' 4.32' 8.00' 10.00' 8.00' 19.16' 33.01' 32.95' 36.43' 13.20' 10.00' 13.20' 4.53' 3.95' 4.50' 48.67' EX. GENERAL A ACCESS EASMENT PER DOC. NO.2007-0327621, REC. MAY 14, 2007 EASEMEHTDEDICATION-CARLSBAD MUNICIPAL WATER DISTRICT SHEET 2 OF 4 CUP 06-11A PR 09-13 APPLICANT: PRS ACQUISITION AND CONSTRUCTION. LLC 626P EL FUERTE STREET CARLSBAD, CA 92009 PACIFIC RIDGE SCHOOL WATER EASEMENT APN 213-122-10 213-122-11 EXHIBIT "fi" CURVE TABLE * CURVE C5 DELTA 08W08" RADIUS 141.00' LENGTH 20.02' * SEE SHEET 1 FOR POC LINE TABLE* LINE L13 LI 4 LI 5 LI 6 L17 LI 8 LI 9 BEARING S OQ-39'37" W N 89'20'23" W N 00'39'37" E S 00'39'37" W N 89'20'23" W N W39'37" E N 89'20'23" W LENTH 4.61' 4.00' 4.61' 8.50' 10.00' 8.50' 17.92' Uj * SEE SHEET 1 FOR POC PARCEL A CE 07-09 •LI 9 117 77.07' 116 EX. GENERAL UTILITY ACCESS EASMENT PER DOC. NO. 2007-0327621, REC. MAY 14, 2007 EASEMENT DEDICATION-CARLSBAD MUNICIPAL WATER DISTRICT SHEET J OF 4 CUP 06-11A PR 09-13 APPLICANT: PRS ACQUISITION AND CONSTRUCTION, LLC 626P EL FUERTE STREET CARLSBAD, CA 92009 PACIFIC FUDGE SCHOOL WATER EASEMENT APN 213-122-10 213-122-11 EXHIBIT "B' P.O.C. PARCEL A CE O7-09 302.33' S 89'20'23" E 418.02' CURVE TABLE CURVE C1 C2 DELTA 6"36'57" 16'59'47" RADIUS 141.00' 104.00' LENGTH 16.28' 30.85' PARCEL 4 PM 19958 LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 BEARING S H'48'08" E N 78:11 '52" E S H'48'08" E S 05'11'39" W S 05' 11 "39" W N 84'48'21' W N 05'11'39'E S84'48'21"E LENTH 4.74' 5.00' 20.89' 49.49' 10.00' 34.27' 10.00' 34.27' EX. GENERAL UTILITY & ACCESS EASEMENT PER DOC. 2007-0327620 REC. MAY 14, 2007 I EASEMENT DEDICATION-CARLSBAD MUNICIPAL WATER DISTRICT SHEET 4 OF 4 CUP 06-11A PR 09-13 APPLICANT: PRS ACQUISITION AND CONSTRUCTION, LLC 626P EL FUERTE STREET CARLSBAD, CA 92009 PACIFIC FUDGE SCHOOL WATER EASEMENT APN 213-122-10 213-122-11 City of Carlsbad Office of the City Clerk Records Management Department 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 July 6, 2009, from PRS Acquisition and Construction, LLC a California limited liability company 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: August 20, 2009 MORGEN ,\v*u"""/, •*. ™ , Jtf."^ <3 «Vp !*" 1200 Carlsbad Village Drive • Carlsbad, CA~ 92008-1989 • (76O) 434-2808