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HomeMy WebLinkAboutCDP 2020-0005; Nextmed III Owner LLC; 2020-0554341: 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 $ 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. DOC# 2020-0554341 111111111111 lllll 111111111111111 lllll 111111111111111 11111111111111 1111 Sep 21, 2020 11 :24 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0.00) PCOR NIA PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 211-040-18-00 Project ID: CDP 2020-0005 Related Project ID: _P'-R'-'--=2=0=20.:....--=-0-=-00.:....8=-------- Related Project ID: Project Name: Carlsbad Corporate Plaza Parking Structure GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Nextmed Ill Owner, 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. Granter herein agrees that no buildings and/or structure~ 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 ¥L20 a /J GRANTOR: Nextmed Ill, Owner, LLC, a Delaware Limited Liability Company By: Nextmed Ill, LLC, a California Limited Liability Company, its Managing Member By: (sign here) Scott Leggett, Manager Nextmed Ill, LLC (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 D ) County of <yt/(1 I au-6 ) on Off rtfo f:o befo,e me, 6 M t,;, fl ,,,, , IJo f.,,,,. f,,J,lrc ate (1 _j_L [ Here Insert Name and TiOe of the Officer personally appeared ./CC) ..fl_ §It e ii= me(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 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . . ....... i , EVAN WILSON ' Notary Public • California ,. San Oi~o County ! Commission# 2323428 y Comm. Expires Mar 28, 2024 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 Do~ent ~ \ / j,, Title or Type of Document: Ql1V'lt J)f Ge Document Date: {)'g I ~ao?.-0 Number of Pages: 3 Signer(s) Other Than Named Above: 7 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 ConseNator D Trustee D Guardian or ConseNator 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 EXHIBIT "A" WATER LINE LEGAL DESCRIPTION CMWD WATER EASEMENT; PR 2020-0008 PORTION OF PARCEL 3 OF PARCEL MAP NO 3415 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975, AS FILE NO. 75-014212 OF OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3 AND THE BEGINNING OF A NON-TANGENT 812.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (A RADIAL TO WHICH POINT BEARS SOUTH 36°50'53" WEST); THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 134.00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°27'18" (A RADIAL TO WHICH POINT BEARS SOUTH 27°23'35" WEST) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHERLY LINE 20.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °25'09"; THENCE DEPARTING SAID CURVE SOUTH 20°38'40" WEST 15.43 FEET; THENCE SOUTH 43°08'40" WEST 6.09 FEET; THENCE SOUTH 46°51'20" EAST 7.53 FEET; THENCE SOUTH 43°08'40" WEST 23.30 FEET; THENCE NORTH 46°51'20" WEST 7.53 FEET; THENCE SOUTH 43°08'40" WEST 173.42 FEET; THENCE SOUTH 46°51'20" EAST 5.50 FEET; THENCE SOUTH 43°08'40" WEST 15.00 FEET; THENCE SOUTH 46°51'20" EAST 62.41 FEET; THENCE SOUTH 13°06'20" EAST 62.48 FEET; THENCE NORTH 76°53'40" EAST 329.55 FEET TO THE EASTERLY LINE OF SAID PARCEL 3 AND THE BEGINNING OF A NON-TANGENT 332.00 FOOT RADIUS CURVE CONCAVE EASTERLY (A RADIAL TO WHICH POINT BEARS SOUTH 70°22'00" WEST); THENCE SOUTHERLY ALONG SAID EASTERLY LINE 20.21 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°29'18" (A RADIAL TO WHICH POINT BEARS SOUTH 66°52'42" WEST) ; THENCE DEPARTING SAID CURVE SOUTH 76°53'40" WEST 57.12 FEET; THENCE SOUTH 13°06'20" EAST 22.00 FEET; THENCE SOUTH 76°53'40" WEST 15.00 FEET; THENCE NORTH 13°06'20" WEST 22.00 FEET; THENCE SOUTH 76°53'40" WEST 280.34 FEET; THENCE NORTH 13°06'20" WEST 5.50 FEET; THENCE SOUTH 76°53'40" WEST 56.90 FEET; THENCE NORTH 13°06'20" WEST 2.50 FEET; THENCE SOUTH 76°53'40" WEST 10.00 FEET; THENCE SOUTH 76°53'40" WEST 56.90 FEET; THENCE NORTH 13°06'20" WEST 12.50 FEET; THENCE NORTH 76°53'40" EAST 66.90 FEET; THENCE NORTH 13°06'20" WEST 11 .39 FEET; THENCE SOUTH 76°53'40" WEST 8.61 FEET; THENCE NORTH 13°06'20" WEST 10.00 FEET; THENCE NORTH 76°53'40" EAST 8.61 FEET; THENCE NORTH 13°06'20" WEST 34.52 FEET; THENCE NORTH 46°51 '20'' WEST 82.66 FEET; THENCE SOUTH 58°49'09" WEST 18.81 FEET; THENCE SOUTH 45°30'19" WEST 2.65 FEET; THENCE NORTH 44°29'41" WEST 15.00 FEET; THENCE NORTH 45°30'19" EAST 4.40 FEET; THENCE NORTH 58°49'09" EAST 41 .73 FEET; THENCE SOUTH 46°51'20" EAST 9.53 FEET; THENCE NORTH 43°08'40" EAST 296.09 FEET; THENCE NORTH 20°38'40" EAST 13.62 FEET TO THE TRUE POINT OF BEGINNING. fl.I..: L~ ~()~ 0) CONTAINING 18,505 SQUARE FEET (0.425 ACRES) EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. a~ -«lt(t 11~ GARY D. MELLOM, PLS 8537 8/14/2020 DATE: PASCO LARET SUITER & ASSOCIATES f----------i San Diego I Solana Beach I Orange County Phone 858.2S9.8212 I www.plsaengineering.com JOB NO 3048 ~ GARY r:p~ f D. MELLOM ~ PROJ. ID.: CDP 2019-0005 WATER LINE EASEMENT SHEET 1 OF 1 EXHIBIT "B" PLAT PR 2020-0008 CMWD WATER EASEMENT VICINITY MAP PALOMAR AIRPORT ROAD LEGAL DESCRIPTION PARCEL 3 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975 AS FILE NO. 75-014212, OF OFFICIAL RECORDS. BASIS OF BEARINGS THE BEARING REFERENCED HEREIN ARE BASED ON THE NORTHWESTERLY BOUNDARY OF PARCEL 3, SHOWN ON PARCEL 3415 1.E. NORTH 43•os·2s· EAST. 8/14/2020 DATE: PROJ. ID.: CDP 2019-0005 PASCO LARET SUITER SCALE= 1" = 100' & ASSOCIATES 1--------~ San Diego I Solana Beach I Orange County Phone 858.259.8212 I www.plsaengineering.com JOB NO 3048 WATER LINE EASEMENT SHEET 1 OF 3 CURVE TABLE C1 - C2 - (L=37.57') (R=25.00') (0=86°05'42") (L=227 .91 ') (R=332.00') (0=39° 19'55") LINE TABLE L 1 -(N 11°19'56" E 10.10') \ 0 100 200 PASCO LARET SUITER EXHIBIT "B" z 0 PARCEL 3 PM 3415 L=179.42' ___.... ,.-CJ R=332.00' ~ ~ \ !TI 0=30°57'50" ___, r- ".16'3 '\6') " •oO" E. J • 0 5tA9 t-1 -,-,•:,2 oo· o ,:;A <: S' ?-,:;3'32-L,:;2S-2 MAP 7303 LEGEND PROPERTY LINE RIGHT-OF-WAY LINE -----CENTER LINE ~ ~ [ / / / / / / J CMWD EASEMENT ACQUIRED; AREA: 18,505 SQ.FT. 0.425 ACRES. ----ADJOINING PROPERTY LINE ------EASEMENT LINE SCALE = 1" = 100' ( ) RECORD DATA PER MAP 3415 PROJ. ID.: CDP 2019-0005 WATER LINE EASEMENT & ASSOCIATES 1-------~ San Diego I Solana Beach I Orange County Phone 8S8.259.8212 I www.plsaengineering.com JOB NO 3048 SHEET 2 OF 3 EXHIBIT "B" PLAT PR 2020-0008 S 66°52'42" W(R) L=20.21' R=332.00' 0=3°29'18" CMWD WATER EASEMENT LEGEND ' TPOJ31 L=20.11' R=812.00' D=1°25'09" S 20°38'40" W 15.43' PROPERTY LINE RIGHT-OF-WAY LINE -----CENTER LINE r / / / / / / J CMWD EASEMENT ACQUIRED; AREA: (:)~ 18,505 SQ.FT. a 0 N N • 0 r-- C/) ,, ~ 1 · 0.425 ACRES. ,1,<::S --ADJOIN ING PROPERTY LINE o(:, \ ~<o ~w C') a ~ -st r--CX) N C'1 Cl) o N z s -------EASEMENT LINE ( ) RECORD DATA PER MAP 3415 LINE TABLE: L 1 S 13°06'20" E 22.00' L2 S 76°53'40" W 15.00' L3 N 13°06'20" W 22 .00' L4 N 13°06'20" W 11 .39' L5 S 76°53'40" W 8.61' L6 N 76°53'40" E 8.61' L7 S 58°49'09" W 18.81' LB S 45°30'19" W 2.65' L9 N 13°06'20" W 2.50' L 10 S 76°53'40" W 10.00' N _J 0 50 100 PROJ. ID. : CDP 2019-0005 PASCO LARET SUITER & ASSOCIATES San Diego I Solana Beach I Orange County Phone 8S8.259.8212 I www.plsaengineering.com SCALE = 1" = 50' JOB NO 3048 WATER LINE EASEMENT SHEET 3 OF 3 I • • t 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 August 14, 2020, from Nextmed Ill Owner, LLC, 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: September 10, 2019 Hector Gomez, Deputy City Clerk (Seal)