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HomeMy WebLinkAbout; Pivotal 650 California St. LLC; 2023-0175046: 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# 2023-0175046 11111111111111111111111111 111111111111111111111 IIIII lll111111111111111 Jul 05, 2023 12:20 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR N/A PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 213-261-22 & 213-261-23 Project ID: _Mc..:..;,..::.S_1:....::3--'-0:....:.7 ______ _ Related Project ID: _P_R_2"-0'-2_2_-0_0_1_0 _____ _ Related Project ID: ROW2022-0640 Project Name: VIASAT WATERMAIN RELOCATION GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Pivotal 650 California St., LLC, an Arizona 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 facil ities, 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 Q:ICED\LandDev\PROJECTSIMSIMS 13\MS 13-07 v,asat Expansion -Rick\ROV\1'2022-0640 CC No. 1 PC . Chiller pipe encroaching into water easement\PR2022-0010\Grant Deed of Easement CMWO PR2022-0010.doc REV 02/218/21 I 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 AP~ U..20 2.5 . GRANTOR: Pivotal 650 California St., LLC, an Arizona limited liability company By: Levine Investments Limited Partnership, an Arizona Limited Partnership, its Sole Member By: Keim Inc., an Arizona Corporation, its General Partner B B (sign here) Andrew M. Cohn, Authorized Representative of Keim Inc. (print name and title of signatory) (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.) a ICED\LandDev\PROJECTSIMSIMS 13\MS 13-07 VIasat Expansion -Rick\ROVV2022-0640 CC No 1 PC -Chiller pipe encroaching into water easement\PR2022-001Cl\Grant Deed of Easement CMIM) PR2022-0010 doc REV 02/218/21 2 ' ) ARIZONA NOTARY ACKNOWLEDGMENT State of Arizona County of /v1 />,ll/CLJPA The foregoing instrument entitled rirR.ArlT Pc.ED OF Pue,wc ',../A-TeR. /::m£'f~ltlfwas ac'Aowledged before me this U day of APR.I'-, 2023, by ('IDQ.EW /Vf. CPH N (name of person acknowledged). The person has personally appeared before me and presented identification to establish his or her identity as required by law. (seal) ~ ~ B~on_ i) LIIA C auu, Notary Public Nota,y Pubic .,:O~ My Commission Expires: 1 ~ I :i.. -~ o21 Maricopa Co./ tlMM11 Expil'ft Ol/12/2027 EXHIBIT "A" LEGAL DESCRIPTION PR 2022-0010 PAGE 1 OF 1 THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT 20' WATER EASEMENT DEDICATED ON SAID PARCEL MAP, SAID POINT BEING THE SOUTHERLY POINT OF THAT SEGMENT SHOWN ON SHEET 6 OF SAID PARCEL MAP AS HAVING A BEARING OF SOUTH 14°53'3311 EAST AND A LENGTH OF 98.94 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 14°53'3311 WEST 10.00 FEET; THENCE NORTH 75°06'2711 EAST 27.33 FEET; THENCE SOUTH 82°23'33" EAST 60 .11 FEET TO THE NORTHERLY LINE OF THAT WATER EASEMENT GRANTED TO THE CITY OF CARLSBAD AND DESCRIBED IN GRANT DEED RECORDED MAY 15, 2015 AS DOCUMENT NO. 2015-024 7392 OF OFFICIAL RECORDS; THENCE SOUTH 75 ° 06' 27" WEST, ALONG SAID NORTHELY LINE 52.26 FEET; THENCE NORTH 82°23'33" WEST 7.85 FEET; THENCE SOUTH 75°06'27" WEST 8.98 FEET TO A POINT ON THE EASTERLY LINE OF SAID WATER EASEMENT DEDICATED ON SAID PARCEL MAP, SAID POINT BEING THE SOUTHERLY POINT OF THAT SEGMENT SHOWN ON SHEET 6 OF SAID PARCEL MAP AS COURSE 18; THENCE NORTH 14°53'33" WEST ALONG SAID WATER EASEMENT 10.00 FEET; THENCE SOUTH 75°06'27" WEST ALONG SAID WATER EASEMENT 14.37 FEET TO THE POINT OF BEGINNING. .) () _, -5 _, :J () 5 ) \ \ \ \ \ \ S75V6'27"W \ 14.37' · EXHIBIT '8' PR 2022-0010 -----==--EX WATER EASEMENT PER PM 21152 N75V6'27t 21.33' P.0.8. \ N14'53'.J3"W ::.--- 10.00' \ _ -- S75V6'2rw PARCEL 3 PM 2 11 52 LEGEND EXISTING EASEMENT PROPOSED WATER EASEMENT POINT OF BEGINNING 8.98' I N82'23'.J3"W 7.85' \------- Wld P.0.8. PARCEL 4 PM 21 152 WATER EASEMENT PLAT REQUESTED BY: PIVOTAL 650 CALIFORNIA ST., LLC CITY OF CARLSBAD PREPARED BY: 0 'DAY CONSULTANTS 2710 LOKER AVE W, STE 100 (760) 931 -7700 ----- ------ o· 10· 20· ~~~ SCALE: 1" = 20' SHT. 1 OF 1 SHTS. A.P.N. 213-261 -22 & 213-261-23 ... • j ~ CERTIFICATION FOR ACCEPTANCE OF DEED OF PUBLIC WATER EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated April 26, 2023, from the Pivotal 650 California St., 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 Executive Manager 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: June 22, 2022 ANA MARIE ALARCON , Deputy Secretary (Seal)