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HomeMy WebLinkAboutPR 08-24; Bressi Ranch Medical Plaza LLC; 2008-0631301; Easementic requested By ican Title NH8 ?^!fY/-W-^> RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water Dist. 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].) £9.9* 2008-0631301 DEC 11, 2008 8:00 AM 1271 OC: SMITH.. NA PAGES:8 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.: 213-260-01-00 Project No. & Name: PR 08-24, CT 07-04 Bressi Ranch Medical Plaza CARLSBAD MUNICIPAL WATER DISTRICT Mark Stone, GeneraLManager By: DAVID A. MAUSER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, We, Bressi Ranch Medical Plaza, LLC, a California limited liability company, Grantors, 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, an easement. Purpose: the 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. 1272 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" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this 3><? day of C3*wc 20 *>% . GRANTOR: Bressi Ranch Medical Plaza, LLC, a California limited liability company By: Rancho Pacific Properties, Inc., a California CorporationjaVb/aiJrban + West), its Managing Member (sign here) David DiRienzo, President (print name and title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before Date personally appeared 1273 Here Insert Name and Title of the Officer Name(s) of Signer(s) MM. CommMon * 164M92 Notary PuMc - CoWomto J OrongcCounty f !°fMyComm.6cplr««F«b2».20U 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. 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 EXHIBIT "A" WATER LINE EASEMENT LEGAL DESCRIPTION PR 08-24, CT 02-15 PAGE 1 OF 2 THE LAND DESCRIBED HEREIN IS A PORTION OF LOT 1 OF THE CITY OF CARLSBAD TRACT CT 02-15, ACCORDING TO MAP THEREOF NO. 14960 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 4, 2005, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY BOUNDARY OF LOT 1 AND THE WESTERLY RIGHT-OF-WAY OF METROPOLITAN STREET, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 56.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 35°59'32" WEST, THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 AND THE WESTERLY RIGHT-OF-WAY OF METROPOLITAN STREET, NORTHWESTERLY ALONG SAID CURVE 22.92 FEET THROUGH A CENTRAL ANGLE OF 23°26'51" TO A POINT OF NON- TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 59°26'23" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID EASTERLY BOUNDARY AND WESTERLY RIGHT-OF-WAY, SOUTH 86°54'10" WEST 51.58 FEET; THENCE NORTH 81°50'50" WEST 98.34 FEET; THENCE NORTH 08°09'10" EAST 6.48 FEET; THENCE NORTH 81°50'39" WEST 10.00 FEET; THENCE NORTH 08°09'21" EAST 30.00 FEET; THENCE SOUTH 81°50'39" EAST 10.00 FEET; THENCE NORTH 08°09'10" EAST 69.17 FEET; THENCE NORTH 04°34'21" WEST 57.45 FEET TO THE NORTHERLY BOUNDARY OF LOT 1 AND THE SOUTHERLY RIGHT-OF-WAY OF TOWN GARDEN ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°34'21" EAST; THENCE EASTERLY ALONG SAID CURVE 20.02 FEET THROUGH A CENTRAL ANGLE OF 3°24'50" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 03°59'11" EAST; THENCE LEAVING SAID NORTHERLY BOUNDARY AND SOUTHERLY RIGHT-OF-WAY, SOUTH 04°34'21" EAST 24.51 FEET; THENCE NORTH 69°35'48" EAST 20.29 FEET; THENCE SOUTH 20°24'12" EAST 20.00 FEET; THENCE SOUTH 69°35'48" WEST 25.96 FEET; THENCE SOUTH 04°34'21" EAST 13.59 FEET; THENCE SOUTH 08°09'10" WEST 87.88 FEET; THENCE SOUTH 81°50'50" EAST 76.37 FEET; THENCE NORTH 86°54'10" EAST 0.15 FEET; THENCE NORTH 03°05'50" WEST 13.02 FEET; THENCE NORTH 86°54'10" EAST 20.00 FEET; THENCE SOUTH 03°05'50" EAST 13.02 FEET; THENCE NORTH 86°54'10" EAST 23.45 FEET TO THE EASTERLY BOUNDARY OF LOT 1 AND THE WESTERLY EXHIBIT "A" WATER LINE EASEMENT LEGAL DESCRIPTION PR 08-24, CT 02-15 1275 PAGE 2 OF 2 RIGHT-OF-WAY OF METROPOLITAN STREET, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 56.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°55'53" WEST; THENCE ALONG SAID EASTERLY BOUNDARY AND WESTERLY RIGHT-OF-WAY, SOUTHERLY ALONG SAID CURVE 21.01 FEET THROUGH A CENTRAL ANGLE OF 21°29'30" TO THE TRUE POINT OF BEGINNING. CONTAINS 6,805 SQUARE FEET OR 0.1562 ACRES OF LAND, MORE OR LESS. . 2008.DATED THIS /& - DAY OF st?**lrf*,, **~~^-^. DONALD ROY CURRY, ^L.S. 7846 EXP. 12/31/08 EXHIBTT 'B' WATER LINE EASEMENT PLAT 1276 PAGE 1 OF 2 W LOKER AVE INNOVATION WY TOWN GARDEN RD ALICANTE RD METROPOLITAN ST SfTE VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION LOT 1 OF THE CITY OF CARLSBAD TRACT CT 02-15 ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 4. 2005, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BASIS OF BEARING THE BEARINGS REFERENCED HEREIN ARE BASED ON THE SOUTH BOUNDARY OF LOT 1, SHOWN ON MAP No. 14960 AS NORTH 89'17"12" WEST FUSCOE ENGINEERING INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 WATERLINE EASEMENT PLAT - CMWD OWNER BRESSI RANCH MEDICAL PLAZA PREPARED BY 936 E. SANTA ANA BLVD APN 213-260-01 SANTA ANA, CA 92701 PHONE: (714) 567-9260 DONALD ROY CURRY, LS 7846 LICENSE EXPIRES 12/31/08 DATE CT 02-15 PR 08-24 LEGEND p.o.c. T.P.O.B. WATER LINE EASEMENT AREA 6,805 SO. FT. PROJECT BOUNDARY STREET CENTER LINE STREET RIGHT-OF-WAY POINT OF COMMENCEMENT TRUE POINT OF BEGINNING EXHIBIT 'B' WATER LINE EASEMENT PLAT 1277 PAGE 2 OF 2 SOO-3412O-(BI / SQ3!59.'U!! ^: ]20' LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 BEARING N08°09'10"E N81°50'39"W N08°09'21"E S81°50'39"E N69°35'48"E S20°24'12"E S69°35'48"W N86'54'10"E N03°05'50"W N86'54'10"E S03°05'50"E N86'54'W"E DISTANCE 6.48' 70.00' 30.00' 70.00' 20.29' 20.00' 25.96' 0.15' 73.02' 20.00' 73.02' 23.45' '.8 CURVE TABLE CURVE C7 C2 C3 DEL 7^ 23 '26 '5 7" 3 '24 '50" 2 7 '29 '30" RADIUS 56.00' 336.00' 56.00' LENGTH 22.92' 20.02' 27.07' L10 L8- 1580-55'53: lio /d L72 • 37' W 98.34' LOT1 MAP 14960 51.58' S86'54'10"IV TP.OR VS59°2 L P.QC. 'S35°59'32"M'/|f/?; SCALE: 7"= 40' 20' 40'-N89°17'12"W 396.14' BASIS OF BEARINGS GRAPHIC SCALE WATERLINE EASEMENT PLAT - CMWD OWNER BRESSI RANCH MEDICAL PLAZA PREPARED BY 936 E. SANTA ANA BLVD APN 213-260-01 SANTA ANA, CA 92701 PHONE: (714) 567-9260 DONALD ROY CURffr, LS 7846^ LICENSE EXPIRES 12/31/08 DATE CT 02-15 PR 08-24 1278 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 20, 2008, from Bressi Ranch Medical Plaza, 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 5, 2008 ?&&****£:$>'' V /U-^^/ >C = £'/ '£2 = SHERRY FRfilSINGER, Deputy Secretary"ai° Jli 1 1 \j