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HomeMy WebLinkAboutPIP 04-03; Rio San Diego Plaza II Master LLC; 2009-0336652; EasementRECORDED AT THE REQUEST OF CHICAGO TITLE COMPANY SUBDIVISION OEPT.DOC# 2009-0336652 • RECORDING REQUESTED BY: Carlsbad Municipal Water District - AND WHEN RECORDED, (L PLEASE MAIL TO: AT) District Secretary .Ji Carlsbad Municipal Water District \J V 1 200 Carlsbad Village Drive np Carlsbad, California 92008 jj( MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [61 03].) 1201 5013- U6D 1 Illllll Illl HIM HIM Illll Illll Illll Mill Mill Illll Illll Illll Illl II JUN19, 2009 3:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 DC: NA PAGES: 10 1 Illlli Illll Hill Illll Illll Illll Hill Illll Illll Hill Illll Hill Illll Hill Illl Illl , 9465 *'A - 02/-&3 -00 Space above this line for Recorder's use. 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. Assessor's Parcel No.: Project ID: Project Name: 212-020-23 PIP 04-03 Ventana Real Lot 2 Related Project ID: Related Project ID: PR 06-60 MS 04-20 GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Rio San Diego Plaza II Master, 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 1 9466 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 iV^ day of Wfark. 200^) . GRANTOR: Rio San Diego Plaza II Master, LLC, a California limited liability company By: Newport National Corporation, a Califorptftao/poration.Jtg 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.) 9467 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared WHITNBrE.VICKB» Commission * 1690640 Notary Pubte - CoHbmta Son D*9Q County '.2010 who proved to me on the basis of satisfactory evidence to be the person(sf whose name£arj is/am subscribed to the within instrument and acknowledged to me that he/ste/thcy executed the same in his/henftheir authorized capacity(ieg£ and that by his/h»efi*»eir signature^ on the instrument the person^f or the entity upon behalf of which the person^ 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. Place Notary Seal Above 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 D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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: RIGHT THUMBPRINT OF SIGNER 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-Free 1 -800-876-6827 9468 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared Name(s) of Signer(s) WWINEYE.VICXBK CommlMton # 1690640 Son Dtogo County 2010 who proved to me on the basis of satisfactory evidence to be the person ffi whose name<s^ is/afe-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef#heir authorized capacity(ies7, and that by his/hef#heir signature^) on the instrument the person(«7. or the entity upon behalf of which the person(»facted, 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 Place Notary Seal Above Signature OPTIONAL Signature of Notary 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:. 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: RIGHT THUMBPRINT 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: RIGHT THUMBPRINT OF SIGNER 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:CallToll-Free 1 -800-876-6827 9469 EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF LOT 2 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 SAID SAN DIEGO COUNTY ON JANUARY 30, 2006, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 2; SAID POINT BEING ON THE SOUTHERLY SIDELINE OF SALK AVENUE AS DEDICATED ON SAID MAP NO. 15253 AND THE BEGINNING OF A 336.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL TO SAID POINT BEARS SOUTH 25°19'04" EAST; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°42'20" A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID SOUTHERLY SIDELINE SOUTH 25°19'04" EAST, 65.78 FEET TO THE BEGINNING OF A 390.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°29'30" A DISTANCE OF 37.38 FEET; THENCE SOUTH 30°48'34" EAST, 111.75 FEET; THENCE NORTH 59°11'26" EAST, 121.96 FEET TO THE BEGINNING OF A 241.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°09'44" A DISTANCE OF 38.54 FEET; THENCE NORTH 68°21'10" EAST, 3.26 FEET; THENCE NORTH 21°38'50" WEST, 67.79 FEET; THENCE SOUTH 68°21'10" WEST, 12.85 FEET; THENCE NORTH 21°38'50" WEST, 20.00 FEET; THENCE NORTH 68°21'10" EAST, 32.85 FEET; THENCE SOUTH 21°38'50" EAST, 169.72 FEET; THENCE NORTH 68°21'10" EAST, 365.01 FEET; THENCE NORTH 22°42'44" WEST, 185.19 FEET TO THE BEGINNING OF A 1677.34 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; A RADIAL TO SAID POINT BEARS NORTH 67°24'40" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°01'35" A DISTANCE OF 322.80 FEET; THENCE SOUTH 56°44'46" WEST, 35.72 FEET; THENCE SOUTH 82°14'46" WEST, 26.73 FEET; THENCE SOUTH 62°17'39" WEST, 104.66 FEET; THENCE SOUTH 25°45'36" EAST, 74.30 FEET; THENCE SOUTH 64°14'24" WEST, 28.99 FEET; THENCE NORTH 25°45'36" WEST, 20.00 FEET; THENCE NORTH 64°14'24" EAST, 8.99 FEET; THENCE NORTH 25°45'36" WEST, 59.07 FEET; PAGE 1 OF 3 :ml M:\2572\03\Legal Descriptions\A01 CMWD Water Easement.doc WO 2572-3 2/23/09 9470 THENCE NORTH 89°42'21" WEST, 57.37 FEET TO A POINT ON SAID SOUTHERLY SIDELINE OF SALK AVENUE; THENCE ALONG SAID SOUTHERLY SIDELINE NORTH 00°17'39" EAST, 20.00 FEET; THENCE LEAVING SAID SOUTHERLY SIDELINE SOUTH 89°42'21" EAST, 64.00 FEET; THENCE NORTH 62°17'39" EAST, 46.33 FEET; THENCE NORTH 27°42'21" WEST, 15.29 FEET; THENCE NORTH 62°17'39" EAST, 10.00 FEET; THENCE SOUTH 27°42'21" EAST, 15.29 FEET; THENCE NORTH 62°17'39" EAST, 56.44 FEET; THENCE NORTH 82°14'46" EAST, 25.72 FEET; THENCE NORTH 56°44'46" EAST, 50.96 FEET TO THE BEGINNING OF A 1697.34 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; A RADIAL TO SAID POINT BEARS NORTH 55°42'50" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°38'53" A DISTANCE OF 19.20 FEET; THENCE NORTH 56°35'51" EAST, 16.08 FEET; THENCE SOUTH 33°24'09" EAST, 10.00 FEET; THENCE SOUTH 56°35'51" WEST, 16.07 FEET TO THE BEGINNING OF A 1697.34 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; A RADIAL TO SAID POINT BEARS NORTH 56°41'58" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°30'43" A DISTANCE OF 74.41 FEET; THENCE NORTH 59°38'50" EAST, 12.19 FEET; THENCE SOUTH 30°21'10" EAST, 20.00 FEET; THENCE SOUTH 59°38'50" WEST, 12.15 FEET; TO THE BEGINNING OF A 1697.34 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°31'26" A DISTANCE OF 222.89 FEET; THENCE SOUTH 22°42'44" EAST, 77.74 FEET; THENCE NORTH 67°17'16" EAST, 12.06 FEET; THENCE SOUTH 22°42'44" EAST, 20.00 FEET; THENCE SOUTH 67°17'16" WEST, 12.06 FEET; THENCE SOUTH 22°42'44" EAST, 107.80 FEET; THENCE SOUTH 68°21'10" WEST, 186.47 FEET; THENCE SOUTH 21°38'50" EAST, 8.95 FEET; THENCE SOUTH 68°21'10" WEST, 20.00 FEET; THENCE NORTH 21°38'50" WEST, 8.95 FEET; THENCE SOUTH 68°21'10" WEST, 76.00 FEET; THENCE SOUTH 21°38'50" EAST, 20.95 FEET; THENCE SOUTH 68°21'10" WEST, 10.00 FEET; THENCE NORTH 21°38'50" WEST, 20.95 FEET; THENCE SOUTH 68°21'10" WEST, 82.45 FEET; THENCE SOUTH 21°38'50" EAST, 25.35 FEET; THENCE SOUTH 68021'10" WEST, 10.00 FEET; THENCE NORTH 21°38'50" WEST, 25.35 FEET; THENCE SOUTH 68°21'10" WEST, 33.46 FEET; THENCE NORTH 21°38'50" WEST, 20.00 FEET; THENCE NORTH 68°21'10" EAST, 13.00 FEET; THENCE NORTH 21038'50"WEST, 61.93 FEET; THENCE SOUTH 68°21'10" WEST, 3.26 FEET TO THE BEGINNING OF A 221.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF PAGE 2 OF 3 :ml M:\2572\03\Legal Descriptions\A01 CMWD Water Easement.doc WO 2572-3 2/23/09 9471 09°09'44" A DISTANCE OF 35.34 FEET; THENCE SOUTH 59°11 '26" WEST, 131.96 FEET; THENCE NORTH 30°48'34" WEST, 131.75 FEET TO THE BEGINNING OF A 400.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°29'30" A DISTANCE OF 38.34 FEET; THENCE NORTH 25°19'04" WEST, 65.63 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE PARCEL OF LAND CONTAINS 0.829 ACRES MORE OR LESS. DOUGLAS B. STR00P P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :ml M:\2572\03\Legal Descriptions\A01 CMWD Water Easement.doc WO 2572-3 2/23/09 DATA TABLE: LINE TABLE NO. LI L2 L3 L4 L5 L6 L7 L8 L9 LW L11 L12 LI 3 L14 L15 L16 L17 L18 L19 L20 L21 L22 BEARING S25"19'04"E N68-21'10"E N2m'50"W S68'21'10"W N2r38'50aW N687TWE S56'44'46"W S8214'46"W S6414'24"W N25'45'36"W N6414'24"E N25'45'36"W N89'42'21"W N0017'39"E S89'42'21"E N27'42'21"W N6217'39"E S27-42'21"E N82-14'46"E N56'44'46"E N56'35'51"E S33-24WE LENGTH 65.78' 3.26' 67.79' 12.85' 20.00' 32.85' 35.72' 26.73' 28.99' 20.00' 8.99' 59.07' 57.37' 20.00' 64.00' 15.29' 10.00' 15.29' 25.72' 50.96' 16.08' 10.00' EXHIBIT 'B'9472 LINE TABLE NO. L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 BEARING S56'35'5rw N59'38'50"E S30-21'W"E S59-38'50°W N67'17'16"E S22-42'44"E S67-17'16"W S2V38'50"E S68-21'10"W N2r38'50"W S2r38'50"E S68'21 'WW N2r38'50"W S2r38'50"E S68-21'10"W N2r38'50"W S68'21'10"W N2r38'50"W N68'21'10"E N2r38'50"W S68'21'WW LENGTH 16.07' 12.19' 20.00' 12.15' 12.06' 20.00' 12.06' 8.95' 20.00' 8.95' 20.95' 10.00' 20.95' 25.35' 10.00' 25.35' 33.46' 20.00' 13.00' 61.93' 3.26' CURVE TABLE NO. C1 C2 CJ C4 C5 C6 DELTA 01'42'20" 05'29'30" 09'09'44" 00'38'53" 02'30'43" 09W44" RADIUS 336.00' 390.00' 241.00' 1697.34' 1697.34' 221.00' LENGTH 10.00' 37.38' 38.54' 19.20' 74.41' 35.34' PACIFIC OCEAN £45/5 OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLA T IS THE SOUTHERN LINE OF LOT 2 OF MAP 15253 I.E. N68'21'10"E LEGAL DESCRIPTION: LOT 2 OF MAP 15253 HUNSAKER & ASSOCIATES SAN DIEGO, INC 9707 Waples Street San Diego, Ca 92121 PH(858)558-4500- FX(858)558-1414 OWNER/DEVELOPER FENTON CARLSBAD RESEARCH CENTER, L.L.C. 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PROJECT LOCATION THIS PROJECT IS LOCA TED WITHIN ASSESSORS PARCEL NUMBER 212-020-23 VICINITY MAP NOT TO SCALE PLANNING ENGINEERING SURVEYING THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION: PLS 8553 12/31/2010 DOUGL MY LICENSE EX}WES CARLSBAD MUNICIPAL WATER DISTRICT DATE:02/23/2009 SCALE: 1" = 100' A.P.N.212-020-23 PR 06-60 WATER EASEMENT PLAT LOT 2 OF MAP 15253 VENTANA REAL DRAWN BY: HUNSAKER PR 06-60 SHEET: 1 OF 2 •VWWTRF<yjT Hwn 10-SS-1R nm LEGEND: — EXIST. PROPERTY LINE INDICATES WATER EASEMENT DEDICATED WITHIN LOT 2 AREA= 36,130 SF (0.829 AC) EXHIBIT 'B'9473 P.O.B. (R) INDICA TES POINT OF BEGINNING INDICATES RADIAL BEARING CARLSBAD MUNICIPAL WATER DISTRICT DATE:02/23/2009 SCALE: 1" = WO' A.P.N.212-020-23 PR 06-60 WATER EASEMENT PLAT LOT 2 OF MAP 15253 VENTANA REAL DRAWN BY: HUNSAKER PR 06-60 SHEET: 2 OF 2 m-SS-1fl nm 9474 CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated March 19, 2009, from Rio San Diego Plaza II Master 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: May 28, 2009 SMERRYXREISINGER, Dep% Secretary