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HomeMy WebLinkAboutMS 05-22; Ago Hills LLC; 2008-0637103; Easement•RECORDING REQUESTED BY: a i 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].)5296 DQC# 2008-0637103 DEC 15, 2008 3:35 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 000 OC: NA PAGES:13 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: 213-070-29-00 MS 05-22 CARLSBAD HOTELS AIRPORT Related Project ID: Related Project ID: PR 05-131 CUP 04-22 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), AGO HILLS, 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. PR 05-131 GRANT DEED OF EASEMENT CMWD.doc 1 5297structures 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 ^2^tKday of GRANTOR: AGO HILLS, LLC By: (sign here) (print name and title of signatory) _Byj / (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.) PR 05-131 GRANT DEED OF EASEMENT CMWD.doc 5298 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O (~ **• + On | \-1^9-OS Date personally appeared before me, AJ j \ ^-S n ere-Insert Name and Title of thq Officer Name(s) of Signer(s) M. HASUP Commtaton * 1602549 Notary Pubic - CoKorta Oang* County Place Notary Seal Above 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 capacity(ies), and that by his/her/their signature(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. WITNESS my hand and official seal. Signature J * \ • OPTIONAL Signature of Notary Pi 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 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: RIGHTTHUMBPRINT OF SIGNER I Top of thumb here ©2007 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 PR 05-131 GRANTDEEDOFEASEMENTCMWD.doc 5299 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT PR 05-131 A PORTION OF PARCELS B, C, AND D OF PARCEL MAP NO. 14115, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 9, 1986 AS INSTRUMENT NO. 86-009536 OF OFFICIAL RECORDS. SAID PROPERTY BEING DESCRIBED IN A CERTIFICATE OF COMPLIANCE RECORDED ON SEPTEMBER 22, 2000 AS INSTRUMENT NO. 2000-0508375 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 20 FEET WIDE STRIP OF LAND LYING 10 FEET TO EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHERLY CORNER OF SAID PARCEL "B", SAID POINT BEING THE NORTHERLY TERMINUS OF THAT CERTAIN LINE IDENTIFIED AS S36°05'54"E 397.98 FEET ON SAID MAP; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL "B" S36°05'54"E A DISTANCE OF 65.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE S54°26'49"W A DISTANCE OF 6.44 FEET TO POINT "A"; THENCE CONTINUING S54°26'49"W A DISTANCE OF 14.40FEET TO POINT "B"; THENCE CONTINUING S54°26'49"W A DISTANCE OF 90.33 FEET TO POINT "C"; -PAGE 1 OF 4 - 5300 THENCE CONTINUING S54°26'49"W A DISTANCE OF 11.46 FEET TO POINT "D"; THENCE S53°53'31"W A DISTANCE OF 225.55 FEET; THENCE S36°06'29"E A DISTANCE OF 1.50 FEET TO POINT "E"; THENCE CONTINUING S36°06'29"E A DISTANCE OF 162.59 FEET; THENCE S53°53'31"W A DISTANCE OF 83.91 FEET TO POINT "F"; THENCE CONTINUING S53°53'31"W A DISTANCE OF 105.59 FEET TO POINT "G"; THENCE S36°06'29"E A DISTANCE OF 127.21 FEET TO POINT "H"; THENCE CONTINUING S36°06'29"E A DISTANCE OF 1.50 FEET; THENCE N53°53'31"E A DISTANCE OF 35.74 FEET TO POINT "J"; THENCE CONTINUING N53°53'31"E A DISTANCE OF 189.67 FEET TO POINT "K"; THENCE CONTINUING N53°53'31"E A DISTANCE OF 189.65 FEET TO POINT "L"; THENCE N36°06'29"W A DISTANCE OF 292.80 FEET TO THE END AT SAID POINT "D". TOGETHER WITH A 10 FEET WIDE STRIP OF LAND LYING 5 FEET TO EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "A"; S35°33'11"E A DISTANCE OF 12.00 FEET TOGETHER WITH A 12 FEET WIDE STRIP OF LAND LYING 6 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "B"; S35°33'11"E A DISTANCE OF 16.00 FEET TOGETHER WITH A 10 FEET WIDE STRIP OF LAND LYING 5 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: -PAGE 2 OF 4 - 5301 BEGINNING AT SAID POINT "C"; N35°02'18"W A DISTANCE OF 20.14 FEET TOGETHER WITH A 10 FEET WIDE STRIP OF LAND LYING 5 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "E"; S89°48'06"W A DISTANCE OF 23.40 FEET TOGETHER WITH A 10 FEET WIDE STRIP OF LAND LYING 5 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "F"; N36°06'29"W A DISTANCE OF 27.18 FEET TOGETHER WITH A 20 FEET WIDE STRIP OF LAND LYING 10 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "G"; S53°53'31"W A DISTANCE OF 55.10 FEET TO THE END OF A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID PROPERTY TOGETHER WITH A 10 FEET WIDE STRIP OF LAND LYING 5 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "H"; S17°58'56"W A DISTANCE OF 23.40 FEET TOGETHER WITH A 10 FEET WIDE STRIP OF LAND LYING 5 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "J"; N36°06'29"W A DISTANCE OF 20.00 FEET -PAGE 3 OF 4 - 5302 TOGETHER WITH A 14 FEET WIDE STRIP OF LAND LYING 7 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "K"; N36°06'29"W A DISTANCE OF 33.00 FEET TOGETHER WITH A 15 FEET WIDE STRIP OF LAND LYING 7.5 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "L"; N53°53'31"E A DISTANCE OF 2.50 FEET; THENCE S36°06'29"E A DISTANCE OF 18.75 FEET ALL SIDELINES TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE-POINT INTERSECTIONS AND AT THE WESTERLY AND EASTERLY BOUNDARY OF SAID PROPERTY. WATER EASEMENT CONTAINS A TOTAL COMBINED AREA OF 32,616 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION THIS 26™ DAY OF MAY, 2006. PHILBERT A. TIDWELL, JRM..S. 8024 MY LICENSE EXPIRES 12/31/2006 -PAGE 4 OF 4 - SHEET 1 OF 5 I VICINITY MAP BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS EXHIBIT IS THE CENTERLINE OF YARROW ROAD ON PARCEL MAP NO. 14115, PER DOCUMENTS ON FILE IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO AS DOCUMENT NUMBER 86-009536, O.R. BEING N 36'06'OS" W. SURVEYOR'S STATEMENT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION IN MAY, 2006. PHILBERT A TIDWELL, JR MY LICENSE EXPIRES: S. 8024 12/31/2006 SI SURVEYING S PROFESSIONAL SURVEYORS 8954 RIO SAN DIEGO DR, STE. 610 SAN DIEGO, CA 91208 PH. (619)291-2700 COPY CARLSBAD AIRPORT HOTELS CUP 04-22 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: MAY 26, 2006 A.P.N.: 213-070-029 DRAWN BY: PG, JK LEGAL DESCRIPTION: A PORTION OF PARCELS B, C AND D OF PARCEL MAP NO. 14115, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JANUARY 9, 1986 AS INSTRUMENT NO. 86/009536 O.R. PR: 05-131 EXHIBIT "B" SHEET 2 OF 5 LEGEND: P.O.B. T.P.O.B. CENTERUNE ROAD ^PROPERTY LINE —WATER EASEMENT LIMITS CENTERLINE WATER EASEMENT POINT OF BEGINNING TRUE POINT OF BEGINNING -1.00 1 inch = 100 ft. 100 P A L OM A R AIRPORT R O A D I ................... S53'54'13"W ............................... .................................................................. 63> 111> N53'53'52"E 180.00' oqTr co S Otftf<t JA--|S53-53'31 "W 225.55'! \^~ 9Q tf CM J N53'53'52"E 274.57' (R) )1'15"E\ 40'fB\ V N55'01 ,48YR^ _ POINT S54'26'49"W• f\f\ •»?» 65.76' T.P.O.B. — ^g-6^ -4 Llc^•c^'^^*t- AII cc'\ P>/MHT "t/" LLJ —31.13' 310.54'(R) N53'54'13"E 594.00'(R) 283.46'(R) Sf SURVEYING PROFESSIONAL SURVEYORS 8954 RIO SAN DIEGO DRIVE, SUITE. 610 S AN DIEGO, CA 91208 PH. (619)291-2700 CARLSBAD AIRPORT HOTELS CUP 04-22 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: MAY 26, 2006 A.P.N.: 213-070-029 DRAWN BY: PG, JK LEGAL DESCRIPTION: A PORTION OF PARCELS B, C, AND D OF PARCEL MAP NO. 14115, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JANUARY 9, 1986 AS INSTRUMENT NO. 86/009536 O.R. PR: 05-131 EXHIBIT "B" SHEET 3 OF 5 POINT C POINT "D1 S54*26'49"W 6.44'- S35'02'18"E POINT "A' -20.14' S54*26'49"W 14.40'-! POINT "B'_, S54>26'49"W 90.33' S54'26'49"W 11.46'" N35'33'H"W 16.00' N35*33'11"W 12.00' DETAIL A SCALE: 1" = 40' S89'48'06"W 23.40'CO S53'53'3rw 225.55' POINT "L N53>53'31I>E 189.65' S36*06'29"E 1.50' -Ho T59 I>E 1 .55' CM ^ , N53*53'3rE1 2.50' S36'0629"E 18.75' -I I-15' DETAIL B SCALE: 1" = 20' SI SURVEYING PROFESSIONAL SURVEYORS 8954 WO SAN DIEGO DRIVE, SUITE. 610 SAN DIEGO, CA 91208 PH. (619) 291-2700 DETAIL C 3y SCALE: 1" = 40' CARLSBAD AIRPORT HOTELS CUP 04-22 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: MAY 26, 2006 A.P.N.: 213-070-029 DRAWN BY: PG, JK LEGAL DESCRIPTION: A PORTION OF PARCELS B, C, AND D OF PARCEL MAP NO. 14115, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JANUARY 9, 1986 AS INSTRUMENT NO. 86/009536 O.R. PR: 05-131 EXHIBIT "B" SHEET 4 OF 5 5306 10- N53-53'31ME 35.74' N53-53'31"E 189.67' - POINT "J" T\ DETAIL D i/ SCALE: 1" = 20' SI SURVEYING PROFESSIONAL SURVEYORS 8954 R/O SAN DIEGO DRIVE, SUITE. 610 SAN DIEGO, CA 91208 PH. (819)291-2700 /f / CARUSBAD AIRPORT HOTELS CUP 04-22 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: MAY 26, 2006 A.P.N.: 21 3-070-029 DRAWN RY-PP Ik"UftAVVINDT. rlj, Jl\ LEGAL DESCRIPTION: A PORTION OF PARCELS B, C, AND D OF PARCEL MAP NO. 14115, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF I, JANUARY 9, 1986 AS INSTRUMENT NO. 86/009536 O.R. PR; 05-131 PYMIRIT "R"CAniDI 1 D 5307 SHEET 5 OF 5 CURVE TABLE CURVE C1 C2 C3 C4 LENGTH 40.45 42.10 44.06 39.27 RADIUS 500.00 499.98 500.00 25.00 DELTA 4*38'07" 4*49'30" 5'02'55" 90'00'03" TANGENT 20.24 21.06 22.04 25.00 LINE TABLE LINE L1 L2 LENGTH 27.18 33.00 BEARING N36'06'29"W N36*06'29"W SI SURVEYING PROFESSIONAL SURVEYORS 8954 RIO SAN DIEGO DRIVE, SUITE. 610 SAN DIEGO, CA 91208 PH. (619) 291-2700 CARLSBAD AIRPORT HOTELS CUP 04-22 WATER EASEMENT PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: MAY 26, 2006 A.P.N.: 213-070-029 DRAWN BY: PG, JK LEGAL DESCRIPTION: A PORTION OF PARCELS B, C, AND D OF PARCEL MAP NO. 14115, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JANUARY 9, 1986 AS INSTRUMENT NO. 86/009536 O.R. PR: 05-131 EXHIBIT "B" 5308 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated November 20, 2008, from Ago Hills, 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: December 12, 2008 SHERRY f^lSINGER, De(put/Secretary