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HomeMy WebLinkAboutSDP 96-14C; ; 2018-0056875; 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 $__JLQQ ( ) 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# 2018-0056875 111111111111 lllll 11111111111111111111 IIIII IIIII IIIII IIIII IIIII IIII IIII Feb 13, 2018 10:01 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0 00) PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 211-100-09 -----------Project ID: SOP 96-14C Related Project ID: PR 12-04 -----------Re I ate d Project ID: -----------Project Name: Legoland Hotel GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Merlin Entertainment Group US Holdings, Inc., a Delaware corporation, 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 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 11 ,f: day of .)u.,.,c.~O ,7 . GRANTOR: Merlin Entertainment Group US Holdings, Inc., a Delaware corporation (sign here) Peter Ronchetti, Vice President (print name and title of signatory) B (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.) 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\.. County of $ ... --J)'~S° On Y'-'GW ~ 13 ,~11 before me, <,.Jfv.,'11l tu . c,·e,.t;cis ft ).}i,b,..,,,'1 Yu blu Date Here Insert Name and Title of the Officer personally appeared ~ k..r~ (; l,_ JI,· Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name~a,:e subscribed to the within instrument and acknowledged to me that(6,/sR91-tl'ley executed the same in @h0F/1h0ir authorized capacity(ies)', and that by @h9F41:!eir signature(&) on the instrument the person(~. or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. @ KATHRYN M. FRERICHS -Notary Public -California j;: ai' San Diego County ,. z Commission# 2184389 My Comm. Expires Mar 18, 2021 Place Notary Sea/ Above ---------------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: ____________ _ l Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ --Partner -::-7 Limited LJ General n Partner -n Limited D General = Individual 11 Attorney in Fact D Individual I J Attorney in Fact 7 Trustee LJ Guardian or Conservator 7 Trustee D Guardian or Conservator U Other: ______________ _ :_J Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 13, 2017, from the Merlin Entertainment Group US Holdings, Inc., a Delaware corporation, 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 City Council Resolution No. 2009-272, adopted on October 27, 2009, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: I }3J)J8 TAMARA R. McMINN, Assistant Secretary (Seal) EXHIBIT'A' LEGAL DESCRIPTION WATER EASEMENT PR 12-04 THAT PORTION OF LOT 18 OF THE CITY OF CARLSBAD TRACT NO. 94-09 CARLSBAD RANCH UNITS 2 AND 3 PER MAP NO. 13408, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APRIL 1, 1997, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE WESTERLY TERMINUS OF A LINE ON THE SOUTHERLY SIDELINE OF WATERLINE EASEMENT PARCEL 'A' PER DOCUMENT 1998-0122321 RECORDED AT THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 6, 1998 AS SHOWN ON THE PLAT OF SAID GRANT DEED, SAID LINE BEARS NORTH 73°15'43" EAST AND MEASURES 431.54 FEET; THENCE ALONG SAID SIDELINE, NORTH 73°15'43" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SIDELINE, NORTH 73°15'43" EAST 30.00 FEET; THENCE LEAVING SAID SIDELINE, SOUTH 16°44'17" EAST 10.00 FEET; THENCE SOUTH 73°15'43" WEST 10.00 FEET; THENCE SOUTH 16°44'17" EAST 10.00 FEET; THENCE SOUTH 73°15'43" WEST 20.00 FEET; THENCE NORTH 16°44'17" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.011 ACRES/500 SQUARE FEET MORE OR LESS. PARCEL B COMMENCING AT THE EASTERLY TERMINUS OF A LINE ON THE SOUTHERLY SIDELINE OF WATERLINE EASEMENT PARCEL 'A' PER DOCUMENT 1998-0122321 RECORDED AT THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 6, 1998 AS SHOWN ON THE PLAT OF SAID GRANT DEED, SAID LINE BEARS NORTH 73°15'43" EAST AND MEASURES 317.46 FEET; THENCE ALONG SAID SIDELINE, SOUTH 73°15'43" WEST 237.54 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SIDELINE, SOUTH 73°15'43" WEST 20.00 FEET; THENCE LEAVING SAID SIDELINE, SOUTH 16°44'17" EAST 23.25 FEET; THENCE NORTH 73°15'43" EAST 20.00 FEET; THENCE NORTH 16°44'17" WEST 23.25 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.011 ACRES/465 SQUARE FEET MORE OR LESS. PARCELC COMMENCING AT THE EASTERLY TERMINUS OF A LINE ON THE SOUTHERLY SIDELINE OF WATERLINE EASEMENT PARCEL 'A' PER DOCUMENT 1998-0122321 RECORDED AT THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 6, 1998 AS SHOWN ON THE PLAT OF SAID GRANT DEED, SAID LINE BEARS NORTH 73°15'43" EAST 317.46 FEET; THENCE ALONG SAID SIDELINE, SOUTH 73°15'43" WEST 147.54 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SIDELINE, SOUTH 73°15'43" WEST 20.00 FEET; THENCE LEAVING SAID SIDELINE, SOUTH 16°44'17" EAST 10.00 FEET; THENCE NORTH 73°15'43" EAST 20.00 FEET; THENCE NORTH 16°44'17" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.005 ACRES/200 SQUARE FEET MORE OR LESS. PARCEL D COMMENCING AT THE WESTERLY TERMINUS OF A LINE ON THE NORTHERLY SIDELINE OF WATERLINE EASEMENT PARCEL 'A' PER DOCUMENT 1998-0122321 RECORDED AT THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 6, 1998 AS SHOWN ON THE PLAT OF SAID GRANT DEED, SAID LINE BEARS NORTH 73°15'43" EAST AND MEASURES 745.00 FEET; THENCE ALONG SAID SIDELINE, NORTH 73°15'43" EAST 679.96 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SIDELINE, NORTH 73°15'43" EAST 17.50 FEET; THENCE LEAVING SAID SIDELINE, NORTH 16°44'17" WEST 10.00 FEET; THENCE SOUTH 73°15'43" WEST 17.50 FEET; THENCE SOUTH 16°44'17" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.004 ACRES/175 SQUARE FEET MORE OR LESS. /C/. o~/ UJ;7 LORNE DATE LEGEND r-GRAND PACIFIC DR ---SITE N THE CROSSING DR PALOMAR fl'-\~'? VICINITY MAP NOTTO SCALE ~' Ro P.O.C. INDICATES POINT OF COMMENCEMENT T.P.O.B. INDICATES TRUE POINT OF BEGINNING INDICATES RECORD DATA PER WATER LINE EASEMENT RECORDED MARCH 06, 1998, DOCUMENT NO. 1998-0122321, O.R. INDICATES DEDICATED WATERLINE EASEMENT. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE SIDELINE OF EXISTING WATERLINE EASEMENT RECORDED MARCH 06, 1998, DOC. NO. 1998-0122321 I.E. N73°15'43"E ~d tz/01,,/4,.17 LORNE-t. DaPRON, P.L.S. 7824 DATE DATE: 01/19/12 A.P.N.: 211-100-09 WATERLINE EASEMENT -CITY OF CARLSBAD A PORTION LOT 18 MAP NO. 13408, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SHEET 1 OF 2 PR 12-04 PROJ ID: SOP 96-14C EXHIBIT'B' 0 LINE L1 L2 L3 L4 LS L6 L7 100 GRAPHIC SCALE 1"=100' LINE TABLE BEARING N73°15'43"E N16°44'17"W N73° 15'43"E N73° 15'43"E N16°44'17"W N16°44'17"W N73°15'43"E 200 DISTANCE 30.00' 10.00' 10.00' 20.00' 20.00' 23.25' 17.50' I T.l::OL .• ~B~.l I PARCE ~ L2 I DETAIL 'D' SCALE 1 "=60' L2 I T.P.O.B. L2 PARCEL 'C' DETAIL 'C' SCALE 1 "=60' I T.P.O.B. '-t CEL 'B' _J L6 I DETAIL 'B' SCALE 1 "=60' P.O.C. PARCEL 'D' __ _f"L __ _ T.P.O.B. PARCEL 'D' 47.54' ------- P.O.C. PARCELS (SEE DETAIL 'D') ls:t 'B' & 'C' ,1 I~ I r---I~ ~ I s:rl · 11{) r--r....: I T.P.O.B. Ml~~~c~ w I PARCEL 'C' C') I (SEE DETAIL 'C') ~I I ~I I (Y) ~ I I T.P.O.B. -i~EL'B' S ~I ~ r;EKECD:AIL'B') 0 (X) (Y) LO ~ N '-t I 7_ .,-N r--(0 _J ~ I-(!) 0 WO"> Ir _Ja'.:ioco M~ 1 fl W~Icr> ~CD ~WO~ ~ I I <C(/)o:: . 0 I a..<C<CO r I u.w~z ~ I I o~@!z I I ~~~~ I I FWQ::J ~ 0::1-00 I ~o:1;wo I 0..>0::0 l==--- 1~ I 1~1 lw 1 1 , 1~1 I ~2 L3 1~1 ___ _J L2 I f2 I T.P.O.B. ::::i ::5 PARCEL 'A' :~: ----7 I LS I I I I DETAIL 'A' I I SCALE 1 "=60' \ I I -~ PARCEL 'A' 1 ---(SEE DETAIL 'A') -· 1 T.P.O.B. 24.00' ----SHEET 2 OF 2 WATERLINE EASEMENT -CITY OF CARLSBAD DATE: 01/20/12 A.P.N.: 211-100-09 A PORTION LOT 18 MAP NO. 13408, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PR 12-04 PROJ ID: SOP 96-14C EXHIBIT 'B' UNANIMOUS WIU-ITEN CONSENT OF THE BOARD OF MANAGERS OF Merlin Entertainments Group U.S. Holdings Inc The undersigned, hc:ing nll rhc Managers of i\lcrhn Enrcrtamments Group U.S. Holdmg$ Inc, a Dd .. warc Comp11ny (rhc "Compan}'"), do herc:br approve and adopt hr 1his wriucn consent the rcsolutlons hereinnfler sci fortl1; NOW, THEREFORE, DE ITRESOL,'ED:- L TI-L-\T the fol10W1ng resign11tions be accepted ,~irh effect from the dales specified below· .• Janine: DiG10nccluno l\lanagc:r & President June 9, 2017 Nicholas ;\I:lcKenzic: Mnnagc:r & Vice: Prcs1dc111 .-\uguat I, 2017 2. TH:\ T 1he following indi\-idunl be appoinred as an Officer of the Compan)' with effect from rhc dare specified hclO\v:- Rex Jackson l\lanagcr & Vice Prcsidcor .-\ugtm 1, 2017 3. Tl·L-\ T the utlc of the following Officer be changed a5 follows ...,,,h effect from 1he date specified below; .-\drian Jones :.'.tanager & Prc:srdenl Augu1,11, 2017 4. TH.-\T follm,ing the nfores:iid changes, the Officers of the Company arc;, Admmjoncs Jason D:nics Peter Ronchetti Marrhr:w Jowcu Cassandra Gold Kelly Moore: Rex Jackson l\lanagr:r & President Manager & \'ice President Manager & \'ice President l\lnnagr:r, Vice President & Secremry l\lnnngcr & Vice: President l\l:mager & \'ice President Manager & Vice President 5. Tl·L-\T anr of the aforesaid Officers of rbe CompanJ' with full power to act alone nnd without the Joindcr of the olhcr be nnd cnch is hc1cbr ,,urhorized on behalf of lhe Compan)', nr an)' time nnd from Lime to lime hereafter, wnhout furd1er ac.tion b)' or authonty or dirci:tion of the Bo:1rd of Managers or nny committee thereof, to cnler 11110, execute and deliver, or cause to lie cnl~.red into, executed nnd delivered, nil such agrec:menu, insrrumen1s or documents, and co perform imd do or cause to be performed nnd done, nil such acls nnd !lungs as such Officer ma)' dc1crminc ncccss111:y or desirable; and FllRTHER RESOLVED, that du~ \'fnllr.:n Con,cnt mar br. executed in mulriple counterparts, winch shall be treated a& orii:innls for all purpouc~, and 111! so cxccu1cd shall con&rinuc one document notwithst1mdmg that nil pauics arc not $ignatory to the original or the same counlcrpart; and FURTHER RESOLVED, 1'1111 the c~ccurion of this Written Consent and delivery thereof br facsimile or clccuonic:illr transmitted signature: shall be: sufficient for 1111 puq>o$C5 and shall be: binding upon the puny who so eii:ecutcs. ~to~ D:1\11.'.=--r;::, --r~ _,/~ ~lUJ)e ~'--L__) ,,,-Peter Ronchc1ti ~ Kelly Moore ~~ :\latthcw Jowett Dntcd.: 1 August 20\7