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HomeMy WebLinkAboutPIP 09-02; BMR GAZELLE COURT LLC; 2010-0406847; EasementRECORDING 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].) fa to DQCtt 2010-0406847 AUG09.2010 10:50 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 10 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 209-120-11 &17Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: PIP 09-02 PR 10-06 Isis Pharmaceuticals GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), BMR Gazelle Court LLC, a Delaware 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 H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\Deeds-Easement\Grant Deed of Easement CMWD- PR 10-06.docREV 4/15/10 1 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. Executed by the Grantor this J_ _ day of "3*W- 20 [ ° GRANTOR: 6Mi2- Gazelle Gxvti HC a AA.(sign here) JohW Bonanno Vkx President, Developmeat (print name and title of signatory) A 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.) H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\Deeds-Easement\Grant Deed of Easement CMWD- PR 10-06.docREV 4/15/10 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of c On before me.C ^ ^ personally appeared (Here insert name and title of the officer) 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 myvhand and official seal Signature of r I Public (Notary Seal) Commission # 1884573 Notary Public California San Diego County "TLExplres Maf ?q ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they^- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• Indicate title or type of attached document, number of pages and date. <• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v!2.10.07 800-873-9865 www.NotawClasses.com STATE OF CALIFORNIA COUNTY ALL PURPOSE ACKNOWLEDGMENT ss. On y, 2010, before me, Public in and for said County and State, personally appeared . a Notary who proved to me on the basis of satisfactory evidence to be the pgrspn(s) whose najrie(s) js/are subscribed to the within instrumenTand acknowledged to me that he/she/they executed the same in his/her/their authorized qapacity(ies), and that by~ljjs/her/their signature(s) on the instrument thejgejsoji(s), or the entity upon behalf of which the per§on(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^aod correct. WITNESS Signature. FOR NOTARY SEAL OR STAMP 1CHRISTY D. BARTLETT Commission * 1884573 Notary Public • California z San Diego County g My Comm Expires Mar 29.2014 \. June 07, 2010 J.N. 091278 PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT PR 10-06 A PORTION OF PARCEL 'A' OF ADJUSTMENT PLAT ADJ 09-05 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 19, 2010 AS FILE NO. 2010-0024854, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' PARCEL '!' BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A' , SAID CORNER BEING ON A 56.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO SAID CORNER BEARS NORTH 10°39'29" EAST; THENCE, ALONG THE WEST LINE OF SAID PARCEL 'A', SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 121°08'04" A DISTANCE OF 118.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID WEST LINE, SOUTH 79°37'02" EAST 17.67 FEET; THENCE SOUTH 10°00'00" EAST 95.81 FEET TO POINT VA'; THENCE NORTH 80°00'00" EAST 364.92 FEET; THENCE NORTH 23°40'40" EAST 18.32 FEET; THENCE SOUTH 66°19'20" EAST 10.00 FEET; THENCE SOUTH 23°40'40" WEST 15.69 FEET; THENCE SOUTH 27°21'36" EAST 372.61 FEET; THENCE NORTH 37°29'19" EAST 213.91 FEET; THENCE NORTH 46°35'01" EAST 203.11 FEET; THENCE NORTH 37°34'07" EAST 83.03 FEET; THENCE NORTH 84°00'38" EAST 68.01 FEET; THENCE SOUTH 50°59'22" EAST 56.18 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 'A'; THENCE, ALONG SAID EAST LINE, SOUTH 39°00'38" WEST 20.00 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 50°59'22" WEST 47.90 FEET; THENCE SOUTH 84°00'38" WEST 51.15 FEET; THENCE SOUTH 37°34'07" WEST 76.05 FEET; THENCE SOUTH 46°35'01" WEST 62.74 FEET; THENCE SOUTH 43°24'59" EAST 10.50 FEET; THENCE SOUTH 46°35'01" WEST 10.00 FEET; THENCE NORTH 43°24'59" WEST 10.50 FEET; THENCE SOUTH 46°35'01" WEST 130.33 FEET; THENCE SOUTH 37°29'19" WEST 212.68 FEET; THENCE SOUTH 62°38'24" WEST 200.76 FEET; THENCE SOUTH 82°29'18" WEST 38.07 FEET; THENCE NORTH 89°14'55" WEST 340.38 FEET; THENCE NORTH 75°07'44" WEST 199.56 FEET; THENCE NORTH 00°00'37" WEST 289.19 FEET; THENCE NORTH 80°00'00" EAST 175.83 FEET; THENCE NORTH 10°00'00" WEST 81.90 FEET; THENCE NORTH 79°37'02" WEST 24.79 FEET TO A POINT ON WESTLINE OF SAID PARCEL 'A', SAID POINT BEING ON A NON-TANGENT 56.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18°10'45" EAST; THENCE, ALONG SAID WEST LINE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°01'41" A DISTANCE OF 29.35 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE PARCEL DESCRIBED AS FOLLOWS: PARCEL '2' BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL '1'; THENCE SOUTH 10°00'00" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 80°00'00" EAST 305.17 FEET; THENCE SOUTH 10°00'00" EAST 11.00 FEET; THENCE NORTH 80°00'00" EAST 10.00 FEET; THENCE NORTH 10°00'00" WEST 11.00 FEET; THENCE NORTH 80°00'00" EAST 43.77 FEET; THENCE SOUTH 27°21'36" EAST 12.85 FEET; THENCE SOUTH 62°38'24" WEST 10.45 FEET; THENCE SOUTH 27°21'36" EAST 20.00 FEET; THENCE NORTH 62°38'24" EAST 10.45 FEET; THENCE SOUTH 27°21'36" EAST 70.57 FEET; THENCE SOUTH 62°38'24" WEST 32.99 FEET; THENCE SOUTH 27°21'36" EAST 15.00 FEET; THENCE NORTH 62°38'24" EAST 32.99 FEET; THENCE SOUTH 27°21'36" EAST 241.27 FEET; THENCE SOUTH 62°38'24" WEST 28.01 FEET; THENCE NORTH 27°21'36" WEST 13.70 FEET; THENCE SOUTH 62°38'24" WEST 10.00 FEET; FEET; FEET ; FEET ; FEET ; FEET; FEET; FEET; FEET; FEET; FEET; FEET ; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE SOUTH SOUTH NORTH SOUTH NORTH SOUTH NORTH NORTH SOUTH NORTH NORTH NORTH 27 82 00 00 00 00 75 89 89 80 80 80 0 o o 0 o o 0 o o o o o 21 29 45 45 45 45 07 59 59 00 00 00 '36" '18" '05" '05" '05" '05" '44" '23" '23" '00" '00" '00" EAST WEST EAST WEST EAST WEST WEST EAST WEST EAST EAST EAST June 07, 2010 J.N. 091278 PAGE 2 OF 2 13.70 FEET; THENCE SOUTH 62°38'24" WEST 131.08 33.13 FEET; THENCE NORTH 89°14'55" WEST 64.09 12.85 FEET; THENCE NORTH 89°14'55" WEST 10.00 12.85 FEET; THENCE NORTH 89°14'55" WEST 115.88 5.85 FEET; THENCE NORTH 89°14'55" WEST 10.00 5.85 FEET; THENCE NORTH 89°14'55" WEST 136.49 181.70 FEET; THENCE NORTH 00°00'37" WEST 18.16 11.14 FEET; THENCE NORTH 00°00'37" WEST 10.00 11.14 FEET; THENCE NORTH 00°00'37" WEST 228.87 22.81 FEET; THENCE SOUTH 10°00'00" EAST 11.48 10.00 FEET; THENCE NORTH 10°00'00" WEST 11.48 146.23 FEET TO THE TRUE POINT OF BEGINNING. AREA = 55,001 S.F. (1.26 AC.) O:\Legal_Descriptions\091278\WTRA-lgl.DOC OF _ OCEANSIDE SITE LEGAL DESCRIPTION PACIFIC OCEAN PARCEL A OF ADJUSTMENT PLAT ADJ-09-05 BUSINESS PARK DR. PER CERTIFICATE OF COMPLIANCE CE 09-14 REC. JANUARY 19, 2010 AS FILE NO. 2010-0024854. BASIS OF BEARINGS THE BASIS OF BEARINGS IS THE NORTH LINE OF PARCEL 'A' OF ADJUSTMENT PLA T No. ADJ-09-05 I.E. N89W'41"E ' OF SAN MARCOS CITY OF ENCINITAS VICINITY HAP WStXf AREAS: CONSULT A/N TT 2710 Loker Avenue WestSuite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 PARCEL 1 AREA PARCEL 2 AREA WA TERLINE EASEMENT AREA LEGEND PROPERTY BOUNDARY POINT OF BEGINNING TRUE POINT OF BEGINNING WATERLINE & ACCESS EASEMENT AREA 269,395 SF 214,394 SF 55,001 SF 1.26 AC P.O.B. T.P.O.B. WATERLINE EASEMENT PR 10-06 CARLSBAD MUNICIPAL WATER DISTRICT REQUESTED BY: 75/5 PHARMACEUTICALS 1896 RUTHERFORD RD. CARLSBAD, CA 92008 (760) 931-9200 PREPARED BY: TIMOTHYS. CARROLL. LS. 7700 EXP. 12/31/10 PROJECT: CARLSBAD OAKS PARCEL 'A' SHT. 1 OF 3 SHTS. A.P.N. 209-120-11 & 17 DATE MARCH 2010 EXHIBIT 'B' /• \091278\0978AP01.dwg Apr 01, 2010 11:58amXrefs: 0978AP: 0978AN; 0978VIC; 0978BMAP 12010 O'Day Consultants, Inc. LOT 15 MAP No. 15505 N89V9'4rE _ "BASIS OF BEARINGS PARCEL B OF ADJ 09-05 ^=121'08 04 R=56.00' L=118.40' PARCEL A OF ADJ 09-05 N80W00 E 22.81 PARCEL 2 0' 80' SCALE: 1" = 80' SOO'45'05"W 12.85'NOO'4505E 5.85'- PARCEL 'A N8914'55"W 10.00' SOO'45'05UW 5. N89'14'55"W 10.00' O'45'05"E 12.85' \ N8914'55"W 136.49 N8914'55"W 115.88' N891455"W 340.38 N8914'55"W 64.09' LOT 7 S82'29'18"W38.07'- MAP No. 14926 CaNSULTA/NTS 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 WATERLINE EASEMENT PR 10-06 CARLSBAD MUNICIPAL WATER DISTRICT REQUESTED BY: 7575 PHARMACEUTICALS 1896 RUTHERFORD RD. CARLSBAD, CA 92008 (760) 931-9200 PREPARED BY: TIMOTHY^). CABBOLL LS. 7700 EXP. 12/31/10 PROJECT: CARLSBAD OAKS PARCEL 'A' SHT. 2 OF 3 SHTS. A.P.N. 209-120-11 & 17 DATE MARCH 2010 EXHIBIT 'B' /• \09t278\0978AP01,awg Jun 07, 2010 9:27amXrefs: 0978AP; 0978Atf: 0978VIC: 0978BUAP • 2010 O'Day Consultants, Inc. .tftf&fc QV '/W £*A° *$/£$/' CONSUL T A^N T S 2710 Loker Avenue West Suite 100Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 WATERLINE EASEMENT PR 10-06 CARLSBAD MUNICIPAL WATER DISTRICT REQUESTED BY: ISIS PHARMACEUTICALS 1896 RUTHERFORD RD. CARLSBAD, CA 92008 (760) 931-9200 PREPARED BY: TIMOTHY QsCARROLL. JR.*<rs fj/r ~ LS. 7700 EXP. 12/31/10 PROJECT: CARLSBAD OAKS PARCEL 'A' SHT. 3 OF 3 SHTS. A.P.N. 209-120-11 & 17 DATE MARCH 2010 EXHIBIT 'B' /.• \091278\097BAP01.dwg Jun 07, 2010 9:27amXrefs: 0978AP; O978AI?; 0978VIC; 0978BUAP • 2010 O'Day Consultants, Inc. CERTIFICATION FOR ACCEPTANCE OF DEED (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated June 4, 2010, from BMR Gazelle Court 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: July 9, 2010 A /-\ i' /i y £^/J?.A7~JLt. SIHE^RX FltfEISJNGER, Deputy&bcretary