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HomeMy WebLinkAboutSDP 14-01; Ninos I Burke Lane LLC; 2015-0115353; Easement( DOC# 2015-0115353 RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAILTO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 lllllllllllllllllllllllllllllllllllllllllli Mar 12, 2015 04:06 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PCOR: N/A MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) 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 UNE FOR RECORDER'S USE 221-881-11 Assessor's Parcel No.: Project ID; Related Project ID: Related Project ID: Project Name: SDP 14-01 PR 14-19 Burke Carlsbad Business Center GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Nines I Burke Lane, 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, reconstmction 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 t>elow 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 WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SOP 14\SDP ^AJ)^ Burke Cartsbad Business Center\PR 14-19 Grant Deed of Easement CMWO 081314.docREV01/25/13 I 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 particulariy described in Exhibit "A". Exhibit "B" is attached for clarity only. Executed by the Grantor this day of yxMtUiJ^ 20 1 GRANTOR: Nines I Burke Lane, LLC, a Delaware limited liability company By: Nines 1 LP, a Califomia limited partnership, its Member By: (sign here) William B. Buri<e, General Partner (print name and title of signatory) (Notarial acknowledgement of execution of GRANTOR must be attached.) (Chaimian 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.) ttFIL£S01V\Depar1mefits\C£D\LandDev\PROJECTS\SDP\SDP 14\SDP 14-01 Burt<e Carlsljad Business Center\PR 14-19 Grant Deed of Easement CMWD 0ei314.docRev0l«5/l3 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary pubjic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) State of California County of OYO^O^ ^ On i|a\|\6 Date personally appeared VVlHiOcm B. Bur'K^ Name(Sii ofSignerfs^l before me. 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) \s/«re subscribed to the within instnjment and acknowledged to me that he/ehe/they executed the same in his/herithetr authorized capaclty^iee), and that by his/her/thcii- signature(8) on the instmment the person(»), or the entity upon behalf of which the personts) acted, executed the Instrument. KATHflVNJ.inSH Conmissim# 2014039 Notary PuMte-CaWomia uranga WMiniy I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^^M.CoJ'SiSao 20ial Signature ^:=?ftW^I/ , TTT, ^^y?^rf!^!Tvl V!T ^ S^naturfof Notary Publlc 1 Place Notary Seal Above ' OPTIONAL — Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this fomn to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: ___ Signer(s) Other Than Named Above: Capacity(ies) Ciaimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator n Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Acs A Commission Number: Date Commission Expires: ^-^o-l^ County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature: Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: SzlLil^ Rec. Form #R10 (Rev.7/96) JUNE 20, 2014 J.N. 131020 PAGE 1 OF 2 EXHIBIT ^A' LEGAL DESCRIPTION WATER EASEMENT PR 14-19 A PORTION OF LOT 17, OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE, EASTERLY ALONG THE SOUTH LINE OF SAID LOT 17, SOUTH 81°09'39" EAST 10.00 FEET TO THE .TRUE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTH LINE, NORTH 08°50'21" WEST 39.54 FEET; THENCE, NORTH 36°09'36" EAST 43.69 FEET; THENCE NORTH 06°30'42" WEST 332.21 FEET; THENCE NORTH 45°05'08" EAST 34.72 FEET; THENCE NORTH 44°54'52" WEST 26.30 FEET; THENCE NORTH 45°05'08" EAST 10.00 FEET; THENCE SOUTH 44''54'52" EAST 26.30 FEET; THENCE NORTH 45°05'08" EAST 3,57 FEET; THENCE SOUTH 89°54'52" EAST 188.78 FEET; THENCE NORTH 00°05'08" EAST 14.00 FEET; THENCE SOUTH 89°54'52" EAST 10.00 FEET; THENC^f^ SOUTH 00°05'08" WEST 14.00 FEET; THENCE SOUTH 89°54'52" EAST 109.20 FEET; THENCE SOUTH 56°29'50" EAST 31.52 FEET; THENCE NORTH 33°30'10" EAST 21.17 FEET; THENCE NORTH 11°26'14" EAST 4.18 FEET; THENCE NORTH 78°33'46" EAST 10.00 FEET; THENCE SOUTH 11°26'14" WEST 8.32 FEET; THENCE SOUTH 33°30'10" WEST 31.30 FEET; THENCE SOUTH 56''29'50" EAST 2.02 FEET; THENCE SOUTH 11°29'50" EAST 19.61 FEET; THENCE NORTH 78°30'10" EAST 12.06 FEET; THENCE SOUTH 11°29'50" EAST 10.00 FEET; THENCE SOUTH 78°30'1G" WEST 12.06 FEET; THENCE SOUTH 11°29'50" EAST 265.41 FEET; THENCE SOUTH 81°09'36" WEST 89.53 FEET; THENCE SOUTH 08°50'24" EAST 12.00 FEET; THENCE SOUTH 81°09'36" WEST 10.00 FEET; THENCE NORTH 08°50'24" WEST 12.00 FEET; THENCE SOUTH 81°09'36" WEST 7.54 FEET; THENCE SOUTH 08°50'21" EAST 59.01 FEET TO THE SOUTH LINE OF LOT 17; THENCE ALONG SAID SOUTH LINE, SOUTH 81°09'39" WEST 20.00 FEET; THENCE, LEAVING SAID SOUTH LINE, NORTH 08°50'21" WEST 79.01 FEET; THENCE NORTH 81°09'36" EAST 106.34 FEET; THENCE NORTH 11°29'50" WEST 157.46 FEET; THENCE NORTH 56°29'50" WEST 29.25 FEET; THENCE NORTH 89°54'52" EAST 293.70 FEET; THENCE SOUTH 45°05'08" WEST 30.35 FEET; THENCE SOUTH 06°30'42" EAST 207.77 FEET; THENCE NORTH 83°29'18" EAST 8.00 FEET; THENCE SOUTH 06°30'42" EAST 10.00 FEET; THENCE SOUTH 83°29'18" WEST 8.00 FEET; THENCE SOUTH 06°30'42" EAST 112.59 FEET; THENCE SOUTH 36°09'36" WEST 43.21 FEET; THENCE SOUTH 08° 50'21" WEST 31.25 FEET TO THE SOUTH LINE OF LOT 17; THENCE, OlSLEGAL DESCRIPTIONSS131020\WATER ESMT.DOCX JUNE 20, 2014 J.N. 131020 PAGE 2 OF 2 ALONG SAID SOUTH LINE, SOUTH 81°09'39" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.595 ACRES MORE OR LESS O:\LEGAL DESCRIPT10NS\131020\WATER ESMT.DOCX CITY OF ^ OCEANSIDE BUSINESS PARK OR. UONSHEAO ME. PACIFIC OCEAN CITY OF ENCINITAS NormscAiM LEGAL DESCRIPTION LOT 17, OF CARLSBAD RACEWAY CARLSBAD TRACT m. 98-10. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CAUFORNIA. ACCORDING TO HNAL SUBDIVISION MAP NO 15013. HLED IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. ON MAY J. 2005. BASIS OE BEARINGS THE BASIS OF BEARINGS IS THE SOUTH UNE OF LOT D OF MAP No. 15013. I.E N81V9'39'E LEGEND PROPERTY BOUNDARY — POINT OF BEGINNING R O.B TRUE POINT OF BEaNNING TP O.B WATERLINE EASEMENT A EASEMENT TABLE NO PURPOSE OWNER DOCUMENT REC. DATE 1 STORM DRAIN CITY OF CARLSBAD MAP 15013 MAY 3 2005 2 SEWER LINES CITY OF WSTA HLE No. 2004-1160413 DEC. 9, 2004 3 SEWER LINES CITY OF VISTA FILE No. 2004-1160412 DEC 9, 2004 CONSULT A/NTS 2710 Loker Avenue West Suite 100 Corlsbad, California 92010 760-931-7700 Fox: 760-931-8680 WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: mOTHY 0 CABmi, M REQUESTED BY: BURKE REAL ESTA TE GROUP 260 E BAKER STREET SUITE 100 COSTA MESA. CA 92626 (714) 824-6014 U.i: 7700 EXP. 12/31'/14 l:\IJI020\J'lals\miUr £asemeiil-l40JOS\IJ!0AP0l-J-t405O9-S.dtia Jun 27, 2014 J:2Bpm Xrtfs: umP; iJioviC: IJiOAOfD; umU/V: USOAUTL: IJ20AN PROJECT: BURKE CARLSBAD BUSINESS CENTER PARCEL 'A* PR 14-19 SHT. 1 A.P.N.. DATE . OF 3 SHTS. 221-881-11-00 MARCH 2014 EXHIBIT 'B' ©2014 O'Ooy Consultants, Inc. N45'05'08"E-^ 10.00' \ \ ' N44'54'52"W- \ \ 26.30' \N45V5'08''E^ -S44'54'52'E 26.30' ' N45'05'08'E''35r'~~ •^OOVS'Oat ,4.00' SCALE: N36V936 E , 43.69' I N08'50'2kw- 39.54\^^ N81V939''E^ 10.00' S0850'21''E 31.25' —^mm^- S81'09'39''W 20.00' 'imSHEADAyL T.P.O.B \Y jt\ ^SEE DETAIL 'B' \ U S81V9'39''W 20.00' .1. CONSULT A/NTS 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fox: 760-931-8680 REQUESTED BY: BURKE REAL ESTATE GROUP 260 E BAKER STREET SUITE 100 COSTA MESA, CA 92626 (714) 824-6014 WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: WOThY 0. XARROLL, JR. LS 7700 EXP. 12/31/14 PROJECT: BURKE CARLSBAD BUSINESS CENTER PARCEL 'A' SHT. 2 OF 3 SHTS. A.P.N. 221-881-11-00 DATE MARCH 2014 EXHIBIT 'B' l:\IJi02q\_Plals\misr £as<mMt-l40J05\U20AP0l-J-m509-l.dwg Jun 27, 2014 J:26pm Xrefs: hJiOAPi li20VIC: a20A<XD: I330AUAP; U20AUTI; U20AN ^ ©2014 O'Day Consultants, Inc, 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fox: 760-931-8680 REQUESTED BY: BURKE REAL ESTATE GROUP 260 E BAKER STREET SUITE 100 COSTA MESA, CA 92626 (714) 824-6014 WATERLINE EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: TIMOTHY 0.J:ABR0U.. JR. LS. 7700 EXP 12/31/14 PROJECT: BURKE CARLSBAD BUSINESS CENTER PARCEL 'A' PR 14-19 SHT. 3 OF 3 SHTS. A.P.N. 221-881-11-00 DATE MARCH 2014 EXHIBIT 'B' /M/J/OfOj /I'afslljbrg; easment-l40JOS\U20APOI-J-l40S09-2.dwg Jun 27. 2014 }:27pm Xrtfs: IJ20AP: IJ20VIQ I3S0AGPD; IJ20AUAP: IJ20AUTI: U20AN pn ©2014 O'Day Consultants, Inc, CERTIFiCATlON FOR ACCEPTANCE OF PUBLIC WATER EASEMENT (CMWD) This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 21, 2015, from Ninos I Burke Lane, LLC, a Delaware 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: Seal Secretary Name/Titfe a