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HomeMy WebLinkAboutCT 16-07; KB Marja Acres 248 LLC; 2024-0072259: 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# 2024-0072259 111111111111 lllll 11111 11111111111111111111111111111111111 IIIII IIII IIII Mar 22 , 2024 11 :27 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atki ns: $0.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 207-102-04-00 Project ID: CT 16-07 -----------Re I ate d Project ID: PR 2023-0008 Related Project ID: -----------Project Name: _M_a~rja_A_c_re_s _____ _ GRANT DEED OF PUBLIC WATER EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), KB Marja Acres 248 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 structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Q:\CED\LandDev\PROJECTS\CT\CT 16\CT 16-07-Ma~a Acres -Levy-Mclaughlin-GELDERn Granl Deed of Easement CM\Ml.doc REV 02/218/21 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 particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. Executed by the Grantor this .1.£:_ day of Fe::. B. 20 2. '+ . GRANTOR: KB Marja Acres 248 LLC a Delaware limited liability company By: KB Home Marja Development LLC A Delaware limited liability company Its Managing Member (sign here) Stephen J. Ruffner, President KB Home Marja Development 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.) Q:ICED\LandDe\/\PROJECTSICT\CT 16\CT 16--07-Ma~a Acres-Levy-Mclaughlln-GELDERTIGrant Deed of Easement CMV\1:l.doc REV02/218/21 2 CALIFORNIA 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 bov'\. o·, e:;o } On J-/ 11-j-z,,,o 'ZLj before me, ~ v ~tA. J J > k>k.es J..k!A..\ \ ~, AJt>fu, 1 ~)i,:C- Date Here Insert Name and Title of the Officer personally appeared __ .....;_S_fe,....!........c=,p............,_h=ev'\'----'-----'J:x.....:_• _,_9;_v........:..f-'--f_.__N.,£-----=-'-------------- Name~ of Signerfe:1 who proved to me on the basis of satisfactory evidence to be the person,(4 whose name~ is/?e subscribed to the within instrument and acknowledged to me that he/~e/~y executed the same in his/1).ef~ authorized capaciMies), and that by his/pefr/tpeir signature~on the instrument the person"8)', or the entity upon behalf of which the personJ81 acted, executed the instrument. RICHARD STOKES HAMLIN Notary Public • C1lffornta San Dievo County ! ,. Commission I 2H4755 My Comm. Explrts Jan f7, 2027 Place Notary Seo/ ond/or Stomp 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 hand and official seal. Signature --~----"--.... ~~-----r------ Signature of Notary Public 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: o Corporate Officer -Title(s): ______ _ o Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited o General □ Individual □ Attorney in Fact □ Individual o Attorney in Fact □ Trustee o Guardian or Conservator □ Trustee o Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 00811 a IIJ0080D a l'Oll D D D D D D D D BIOi(] D D D D D D 08008f.J:U8lJOOB81 II II 1:1 1808111~ 1180 D D D D D O D El8088800! D I I D D D D BO ©2019 National Notary Association EXHIBIT A WATER EASEMENT LEGAL DESCRIPTION CT 16-07 PR2023-0008 THAT PORTION OF LOT 4 OF CITY OF CARLSBAD TRACT NO. 16-07 MARJA ACRES, ACCORDING TO MAP NO. 16537, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED DECEMBER 1, 2022, AS FILE NO. 2022-7000617, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 87°52'28" WEST 83 .79 FEET TO THE NORTHEASTERLY CORNER OF AN EASEMENT FOR WATER PURPOSES GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT ON SAID MAP NO . 16537, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT, SOUTH 02°07'32" EAST 7.00 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 87°52'28" EAST 24.00 FEET; THENCE NORTH 02°07'32" WEST 7.00 FEET TO SAID NORTHERLY LINE OF LOT 4; THENCE ALONG SAID NORTHERLY LINE, SOUTH 87°52'28" WEST 24.00 FEET TO THE TRUE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 168.00 SQUARE FEET OR 0.004 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. ---- J A SMITH, P.L.S. 8070 DATE PREPARED: 02/07/2024 EXHIBIT A -Page 1 of 1 M:\Mapping\340\021\Legals\Wtr Esmt\340-021ESMT_wtr_exA.docx EXHIBIT B CT 16-07 PR 2023-0008 (.,J L EL CAMINO_REAL (PER R~ 682) r, _ r, 0. Ol -------:-:: 'I'... --'I'... 7 g; 0 -SEE SHEET 2 ---:"""'""••~ ---- \ LINE LEGEND: : . . . '••·········· \ \ ··;:: t:":- LOT 4 MAP 16537 APN: 207-102-04 ' r-- L ' j L ---------SUBJECT PROPERTY LINES 02/07/2024 ----CENTERLINES ~ PROPOSED WATER EASEMENT 100· o· 50• 1 oo' -----------ADJACENT PROPERTY LINES ~~-I I ~ ♦: :♦ ~ ■NGIN ■■■ING 15535 Sand canyon Ave, Suite 100 Irvine, California 92618 949.474.1960 fuscoe.com SCALE: 1" = 100' EXHIBIT B DATE: February 7, 2024 .,_ ________________ FN: 340-021 Wtr-Esmt_ExB PLAT TO ACCOMPANY LEGAL DESCRIPTION DRAWN BY: TBS of: WATER EASEMENT CHECKED BY: JMS SHEET 1 OF 2 M:\Mopping\340\021 \Lego ls\Wtr Esmt\340-021Wtr-EsmLExB.dwg I PLOT: 2/7/2024 8:55:55 AM ---~-- EL CAMINO REAL PER RS 682 EXHIBIT B CT 16-07 PR 2023 -0008 T.P.0.8. S87"52 '28"W 110.46' 83.79' t,.J 0 59 .79' ' .. ~ .... ,. ,, I 11 I I t \ ..... ' ,., AREA: 168.00 SQ .FT. LINE LEGEND: EXISTING WATER EASEMENT DEDICATED TO CARLSBAD MU NICIPAL WATER DISTRICT PER MAP 16537 LOT 4 P.0.8. NE COR LOT 4 MAP 16537 MAP 16537 APN: 207 -102-04 LINE TABLE NO . BEARING LENGTH L1 S02'07'32 "E 7.00' L2 N02'07'32"W 7.00' ----------SUBJECT PROPERTY LINES ----CENTERLI NES PROPOSED WATER EASE MENT -----------ADJACENT PROPERTY LI NES 0' 50' 100' • 1 I SCALE: 1" = 1 oo' ~ ♦: ~♦ EXHIBIT B DATE : February 7, 2024 ~ ■NGIN ■■■ING 15535 Sand Canyon Ave, Suite 100 Irvine, California 92618 949.4 74.1960 fuscoe.com t---------------1 FN: 340-021 Wtr-Esmt_ExB PLAT TO ACCOMPANY LEGAL DESCRIPTION DRAWN BY: TBS of: WATER EASEMENT CHECKED BY : JMS SHEET 2 OF 2 M:\Mopping\340\021 \Legols\Wtr Esmt\340-021 Wtr-Esmt_ExB.dwg I PLOT: 2/7/2024 8:55:59 AM CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Public Water Easement dated February 12, 2024, from KB Marja Acres 248 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: March 14, 2024 Ana ~larcon, CMC Deputy City Clerk (SEAL)