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HomeMy WebLinkAboutSDP 05-14; Wave Crest Oceanfront LLC; 2012-0791290; 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].) DOCtt 2012-0791290 lllllllllllllllllllllllllllllllllllllllli DEC 17, 2012 9:49 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr.. COUNTY RECORDER FEES: 2.00 OC: NA PAGES: 9 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.: 214-160-37; 214-590-04 Project ID: SDP 05-14 Related Project ID: PR 10-35 Related Project ID: Project Name: Hilton Carlsbad Beach Resort GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Wave Crest Oceanfront LLC, 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 Q:\CED\LandDev\PROJECTS\SDP\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Deeds-Easement\PR 10-35 Grant Deed of Easement CMWD.docREV 4/15/10 1 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. Executed by the Grantor this / ^ day of JA^^^^^J 20 . GRANTOR: Wave Crest Oceanfront LLC, a California limited liability company By: Wave Crest Resorts II LLC, a California limited liability company By: Three Seas Enterprises, Inc., a California Corporation By: i^J y~KU^^ (sign here) William L. Canepa, President (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.) H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Deeds-Easement\PR 10-35 Grant Deed of Easement CMWD.doc REV 4/15/10 2 CALIFORNIA ALL-PURPOSE ACKKOWLEDGMENT State Of California County of Ond^ } Date personally appeared U,<^on before me, Tg^^'E ^'•^i^L^^ MoT 4^^ Date Here Insert Name ahd lW of the Officer V U Here Insert Name i Name(s) of Signer(s) HME I. towifY r ^4 Commluion # 1773M4 I 'iJIMaryPubllc-California | 7 ton 0i«90 County ' who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^ is/a|^ subscribed to the within instrument and acknowledged to me that he/s|?^/thp^ executed the same in hls/^/th^lr authorized capacity(i^), and that by his/l)i^Ah^r signature(^ on the instrument the person(^, 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 At)ove Signature. OPTIONAL Signature of Notary Putii\c Thougli 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: 5\XX)0 pV^ gv^evweMT Document Date: J Number of Pages: c3 ^ ^^^Wv^pr^j^^ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: • RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007NatlonalNotaryAssodation»9350DeSotoAw.,P.O.Box2402»Chatsi«rorth,CA 91313-2402»w^ ltem#5907 Reorder Call ToH-R!Be1-800-87fr6827 )f Easement 3 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE EASEMENT DEDICATION MS 05-23 /^OP (WATER EASEMENT A) ALL THAT PORTION OF PARCEL I OF PARCEL MAP NO. 20899 RECORDED JULY 12, 2011 AS DOCUMENT NO. 2011-0351449 OF OFFICIAL RECORDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS; COMMENCING AT AN ANGLE POINT IN THE NORTHHILY BOUNDARY LINE OF PARCEL 1 OF SAID PARCEL MAP 20899 SAID ANGEL POINT BEING AT THE SOUTH END OF THE CERTAIN COURSE NORTH 19" 09' 38" WEST 61.72'; THENCE ALONG THE EASTERLY AND NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 1, NORTH 19" 09' 38" WEST 61.72' FEET (NORTH 19" 08' 43" WEST 61.82' PER PARCEL MAP 18332) TO THE BEGINNING OF A 170.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50' 51' 52" A DISTANCE OF 150.92' FEET; THENCE LEAVING SAID CURVE ON A RADIAL LINE, SOUTH 19" 58' 31" WEST 2.00' FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 19" 58' 31" WEST 5.00' FEET; THENCE NORTH 71" 46' 54" WEST 10.00 FEET; THENCE NORTH 16" 27' 40" EAST 5.00' TO THE BEGINNING OF A NON-TANGENT 168.00' FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE THERETO BEARS NORTH 16" 27' 40" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03" 30' 50" A DISTANCE OF 10.30' FEET TO THE TRUE POINT OF BEGINNING SEE EASEMENT PLAT EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. CONTAINS 51 SQUARE FEET MORE OR LESS Page 1 of2 EXHIBIT "A'' LEGAL DESCRIPTION FOR WATER LINE EASEMENT DEDICATION MS 05-23/ SPPc>5-i4- (WATER EASEMENT B) ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 20899 RECORDED JULY 12, 2011 AS DOCUMENT NO. 2011-0351449 OF OFFICIAL RECORDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH WEST BOUNDARY CORNER OF PARCEL 1 OF SAID PARCEL MAP 20899 SAID POINT BEING ON THE WESTERLY END OF THAT CERTAIN COURSE NORTH 70" 50' 42" EAST 143.35', SAID POINT ALSO BEING ON A 6120.00' RADIUS CURVE CONCAVE EASTERLY, A RADIAL LIN1B THERE TO BEARS SOUTH 69" 09' 32" WEST'; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00" 10' 40" A DISTANCE OF 18.98' TO THE TRUE POINT OF BEGINNING A RADIAL LINE THERETO BEARS SOUTH 69" 20' 12" WEST; THENCE LEAVING SAID CURVE NORTH 70" 49' 57" EAST 117.72'; THENCE NORTH 19" 10' 03" WEST 23.48'; THENCE SOOTH 70" 49' 57' WEST 10.00'; THENCE SOOTH 19" 10' 03" EAST 13.48'; THENCE SOUTH 70" 49' 57" WEST 107.97' TO A POINT ON A 6120 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE THERETO BEARS SOOTH 69" 25' 49" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL BEARING OF 0" 05' 37" A DISTANCE OF 10.00' TO THE TRUE POINT OF BEGINNING SEE EASEMENT PLAT EXHIBIT HEREOF. 'B" ATTACHED HERETO AND MADE A PART CONTAINS 1,313 SQUARE FEET MORE OR LESS Prepared by: Eyerm^,PLS 6336 Registration Expires on 12/31/2014 Page 2 of2 LEGEND EXHIBIT "B" SHT. 1 OF 3 V / //\ PM (RAD) INDICATES f i?OP0SE0 EASEMENT INDICATES PARCEL MAP INDICATES RADIAL UNE ^-t5^\ /--WHITEWATER V x^T- \f STREET PONTO ROAD SURVEYOR OF WORK EYERMAN UNO SURVEYING INC. 1256 EL NIDO DRIVE FALLBROOK, CA. 92028 (760) 723-2385 BASIS OF BEARING THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM NORTH AMERICAN DATUM OF 1983 (NAD 85). ZONE VI, 1991.35 EPOCH. THE GRID BEARING BETWEEN STATION 0C-U7 1968 AND STATION CLSB-134 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTAB.-OSJED BY RECORD OF SURVEY 17271 FIELD IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 8, 2002 AS FILE NO. 2002-0112862 I.E NORTH 41* 38* 11" EAST QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS lylAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. _ VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL MAP 20899 RECORDED JULY 12, 2011 AS DOCUMENT NO. 2011-0351449 OF OFRCIAL RECORDS IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. II > / ^ • i i * PLS NO. 6336 ^^^^^^ ^^xp. 12/3 ^.•-••K^./J ^^-d?(MES 0, EYERMAN DATE P.LS, 6336 EXPIRES 12-51-2014 EASEMENT DEDICATION-CARISBAD MLT<«CIPAL WATER DISTRICT MS 05-23 APPUCANT: WAVE CREST OCEANFRONT UC 829 SECOND STREET. SUITE A ENCINITAS, CA. 92024 HILTON CARLSBAD OCEANFRONT RESORT AND SPA APN: 214-16Q-3;7 EXHIBIT B PK \0-3& SHT. 2 OF 3 PONTO ROAD PROPERTY UNE SEE DETAIL BELOW RIGHT OF WAY A=50'51 170.00 L= 150.92 N 19*09'38 POINT OF COMMENCEMENT ANGLE POINT IN N'LY LINE PARCEL 1. PM 20899 \ TRUE POINT OF BEGINNING PROPERTY 'A=03'30'50" R=168.00' L= 10.30' 2.00' DEDICATION PER P.M. 20899' RIGHT OF WAY' 20' 0' 10' 20' GRAPHIC SCALE 1"= 20' WATER EASEMENT A EASEMENT DEDICATION-CARLSBAD MUNICIPAL WATER DISTRICT SPP e?5-i4 MS 05-23 APPUCANT: WAVE CREST OCEANFRONT LLC 829 SECOND STREET. SUITE A ENCINITAS, CA. 92024 HILTON CARLSBAD OCEANFRONT RESORT AND SPA APN: 214-590-04 214-ieO-3JL EXHIBIT B SHT. 3 OF 3 100' A=00'05 37 R=6120.00' L=10.00' A=00'10'40 R=6120.00* L= 18.98' TRUE POINT OF BEGINNING S69'09'32"W (RAD) 'POINT OF COMMENCEMENT SW BOUNDARY CORNER PARCEL 1 WATER EASEMENT B EASEMENT DEDICATION-CARLSBAD MUNICIPAL WATER DISTRICT SDP 05-1 A- MS 05-23 APPLICANT: WAVE CREST OCEANFRONT LLC 829 SECOND STREET. SUITE A ENCINITAS, CA. 92024 HILTON CARLSBAD OCEANFRONT RESORT AND SPA APN: 214-590-04 214-ieO-3jL CERTIFICATION FOR ACCEPTANCE OF PUBLIC WATER EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated January 12, 2011, from Wave Crest Oceanfront 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 14, 2012 DONNA HERATY, Deputy S (Seal) = 3:i