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HomeMy WebLinkAboutSDP 2017-0002; Gateway Pacific View LLC; 2018-0141088; 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].) The undersigned grantor(s) declare(s): Documentary transfer tax is $~ ( ) 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. DOC# 2018-0141088 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Apr 10, 2018 10:53 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0 00) PCOR N/A PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 209-120-25-00 Project ID: SDP2017-0002 Related Project ID: PR2017-0020 -----------Re I ate d Project ID: -----------Project Name: Pacific Vista Commerce Center GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Gateway Pacific View, 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 Io CZ 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 _f},._ day of oZ-20 It/> GRANTOR: Gateway Pacific View, LLC, a Delaware limited liability company By: RREEF Americaf{ LLC, a Delaware limited liability company, Its lnvestmenlAdvisor By: /W9nhe) - Marvin F. Christensen (print name) Managing Director, RREEF America, LLC (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.) 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public 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 --c'. · County of j fAAt, rnU/4 '3~ ) p, . On f-eJ;(J(,µ"t{ /J.. ,21>,tefore me, ti I~ (1,-,oh~ No f7..n1 'xh/~. ~ /J J /1 II' v,· 111 ,..,,,..-. '?'ir1 Insert Name a&J Title J-r,,;{j,,icer personally appeared __ fV_l4'1\...# ___ ,_ 1;_-,_._____c(.;11.c______f1_·-=sc...c.l#.--''------'~~'-------='------------- Name(s) of Signer(s) 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 capacity0es), 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. 1············ Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han4: official SO::'-~. Signature ___ ~------------- Signature of Notary Public --------------OPTIONAL _____________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 EASEMENT 1 EXHIBIT"A" PR2017-0020 ALL THAT PORTION OF LOT 23 OF CARLSBAD OAKS NORTH PHASE 3 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 16145 FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 13, 2016, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 23, SAID POINT LYING ON THE EASTERLY LINE OF SAID LOT 23 AND THE SIDELINE OF WHIPTAIL LOOP, 76.00 FOOT WIDE, AND ON THE ARC OF A NON-TANGENT 786.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 81 °36'33" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°56'54", A DISTANCE OF 81.60 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF SAID LOT 23 SOUTH 87°33'27"' WEST, 5.00 FEET TO AN INTERSECTION WITH A 796.00 FOOT RADIUS CURVE CONCENTRIC WITH THE AFOREMENTIONED 786.00 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°21'52", A DISTANCE OF 5.03 FEET; THENCE NORTH 87°33'27"' EAST, 5.00 FEET TO THE EASTERLY LINE OF SAID LOT 23 AND A POINT ON THE AFOREMENTIONED 786.00 FOOT RADIUS CURVE, A RADIAL TO SAID POINT BEARS SOUTH 87°11 '35" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°21'52", A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET MORE OR LESS. EASEMENT 2 ALL THAT PORTION OF LOT 23 OF CARLSBAD OAKS NORTH PHASE 3 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 16145 FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 13, 2016, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'A', SAID POINT LYING ON THE EASTERLY LINE OF SAID LOT 23 AND THE SIDELINE OF WHIPTAIL LOOP, 76.00 FOOT WIDE, AND ON THE ARC OF A NON TANGENT 786.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 87°33'27"' WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°37'25", A DISTANCE OF 35.99 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B' AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 89°49'08" WEST, 10.00 FEET TO AN INTERSECTION WITH A 796.00 FOOT RADIUS CURVE CONCENTRIC WITH THE AFOREMENTIONED 786.00 FOOT RADIUS CURVE, A RADIAL TO SAID POINT BEARS NORTH 89°49'08" WEST; 1 of 2 THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF1°27'28", A DISTANCE OF 20.25 FEET; THENCE NORTH 88°43'23" EAST, 10.00 FEET TO THE EASTERLY LINE OF SAID LOT 23 AND A POINT ON THE AFOREMENTIONED 786.00 FOOT RADIUS CURVE, A RADIAL TO SAID POINT BEARS SOUTH 88°43'23" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF1°27'28", A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 201 SQUARE FEET MORE OR LESS. EASEMENT 3 ALL THAT PORTION OF LOT 23 OF CARLSBAD OAKS NORTH PHASE 3 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 16145 FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 13, 2016, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'B', SAID POINT LYING ON THE EASTERLY LINE OF SAID LOT 23 AND THE SIDELINE OF WHIPTAIL LOOP, 76.00 FOOT WIDE, AND ON THE ARC OF A NON TANGENT 786.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 89°49'08" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°04'17", A DISTANCE OF 494.84 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE LEAVING SAID EASTERLY LINE OF SAID LOT 23 NORTH 54°07'12" WEST, 38.00 FEET; THENCE SOUTH 35°31 '24" WEST, 20.00 FEET; THENCE SOUTH 54°07'12" EAST, 38.00 FEET TO THE EASTERLY LINE OF SAID LOT 23 AND A POINT ON THE AFOREMENTIONED 786.00 FOOT RADIUS CURVE, A RADIAL TO SAID POINT BEARS NORTH 55°12'20" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °27'29", A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 759 SQUARE FEET MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 2 of 2 PAC/RC OCEAN PR 2017-0020 POINSETTIA LANE S. MELROSE DR. W. SAN MARCOS BOULEVARD VICINITY MAP NOT TO SCALE SHEET 1 OF 4 SHEETS SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFRN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 72862.00 BUILDING CARLSBAD OAKS NORTH PHASE 3 LOT 23 MAP NO. 16145 BUILDING DRIVEWAY "F,. II LOT 3 EXHIBIT »9 ,, LOT 22 MAP NO. 16145 7 I I I I I I I I I I _ l4J CARLSBAD OAKS NORTH PHASE 3 LOT 24 MAP NO. 16145 MAP NO. 14926 KEY MAP SCALE: 1,. = 100' GRAPHIC SCALE 100 0 100 2-6-18 SHEET 2 OF 4 SHEETS SB&O~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 72862.00 40 CARLSBAD OAKS NORTH PHASE 3 .. ~ ,, LOT 23 MAP NO. 16145 P.0.8. LOT 3 MAP NO. 14926 GRAPHIC SCALE 0 40 2-6-18 EXHIBIT ,,B ,, S££ f1 { [j ~ I,, I" SHEET 4 CARLSBAD OAKS NORTH PHASE 3 LOT 24 MAP NO. 16145 S81"36'33"W (fJ2_ SHEET 3 OF 4 SHEETS SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 72862.00 40 I ~ S35"31'24'W 20.00' SS4"07'12nE 38.00' CARLSBAD OAKS NORTH PHASE 3 LOT 23 MAP NO. 16145 SEE ' ~ ,, GRAPHIC SCALE 0 40 SHEET 2-6-18 LOT 22 MAP NO. 16145 3 POINT ,,C,, '-N53"44'51''W (R) ~~1"27'29" R=786.00' L=20.00' \_ 11!§_§:_ ~-~0 __ Jf _{_RJ _ LOT 24 MAP NO. 16145 CARLSBAD OAKS NORTH PHASE 3 SHEET 4 OF 4 SHEETS SB&D~ PLANNING ENC/NEER/NC SURVEY/NC 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www.sboinc.com 72862.00 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 December 2, 2018, from Gateway Pacific View, 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: April 3, 2018 \~l211lc~, TAMARA R. MCMffiN, Deputy Secretary (Seal) ,,,,, .. ,,,,, ,,, ~\PAL 111, ·=·' ~-.~ ......... !#'_,~,, ti~~~IIA.t~··-~% ... J .II!·~-= =~ •::. ~ -~: S::rn--. -~----:. ... ~ l ~ ~ -_,·.'!ilFOf.~t{rf~ ,, ··•·•••···· .,,,, ,,,, ,,,, ,,,,, .. ,,,,