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Home My WebLink About; Air Products and Chemicals, Inc.; 1996-0506347; Easement.- RECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water Distrid Engineering Department 5950 El Camino Real 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 [SI 031.) Gut, # 1996-0506347 04-OCT-1996 PH OFFICIAL RECDRDS 9:Sf SBN DIEGO COUNTY RECORDER’S OFFICE 1292 GREGORY SMITH, COUNTY RECORDER FEES: 0.00 HA Space above this line for Recordel‘s use. The undersigned grantor@) declare@): Assessor‘s Parcel No. 213492-21 Documentary transfer tax is Oo.00 Project No. & Name 96-219. Palomar Oaks Waterline ( ) computed on full value of property conveyed. or Schumacher Building 1969 ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF WATER LINE EASEMENT cA3\ b% AIR PRODUCTS AND CHEMICALS, INC., A DELAWARE COPORATION does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: the 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, ston’ng. transpolting, 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 I 05/21/96 Rev. L - 1293 ., ah facilities and structures associated ,..., 1 said use which are designed to facilitatt ..,e 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 penon 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" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this &- day of /pGw-, 19%. GRANTOR AIR PRODUCTS AND CHEMICALS, INC., A DELAWARE CORPORATION (name of grantor) APPROMD AS TO FORM RONALD R. BALL GENERAL COUNSEL By: (Notan v I acknowledgement of execution of GRANTOR must be attached.) CMWD 96-219 2 05/21/96 Rev. . -. 1294 COUNTY OF 1 ss. v $ personally known to me - OR - proved to me on the basis of Satisfactory evidence to be the penon(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Mhhey executed the same in bW&their authorized capacityfies), and that by4isfhMheir signature@) on the instrument the person(s). or the entity upon behalf of which the person($ acted, executed the instrument. WITNESS my hand and official seal. NOTARIAL SEAL THERESA M. MAZZEO, Notey public Wlilge of 1”. Letugh f.hJnly, m SIGNATURE OF WmY (This area for ofticial notary seal.) Title or Type of Dowment Date of Dowment No. of Pages Signer@) other than named above CMWD 96-219 06/14/95 Rev. 1295 95-1015C 02/16/96 REVISED 03/26/96 REVISED 2/28/96 REVISED 4/23/96 J.N.: 95-1015D WATER EASEMENT EXHIBIT "A" APN 213-092-21 .,. THAT PORTION OF PARCEL B OF MINOR SUBDIVISION NO. 580, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1982 AS FILE NO. 82-303517 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHWESTERLY BOUNDARY OF PALOMAR OAKS WAY (PRIVATE STREET), SAID POINT BEING THE COMMON CORNER OF PARCEL 'A" AND PARCEL "B" PER SAID PARCEL MAP 12354, AND ALSO BEING A POINT ON THE ARC OF A 1,015 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY, SOUTHWEST ALONG THE COMMON BOUNDARY OF SAID PARCELS "A" AND "B" SOUTH 21O31'29" WST 63.15 FEET, TO AN ANGLE POINT THEREIN; THENCE CONTINUING SOUTH ALONG SAID COMMON BOUNDARY, SOUTH 03O05'35" WEST 86.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID COMMON BOUNDARY SOUTH 86O54'25" EAST 10.00 FEET; THENCE SOUTH 03O0.5'35" WEST 47.51 FEET; THENCE SOUTH 86O54'25" EAST 22.00 FEET; THENCE SOUTH 03°05'35" WEST 20.00 FEET; THENCE NORTH 86O54'25" WEST 22.00 FEET; THENCE SOUTH 03O05'35" WEST 21.50 FEET; THENCE SOUTH 86O54'25" EAST 22.00 FEET; THENCE SOUTH 03O05'35" WEST 20.00 FEET; THENCE NORTH 86O54'25" WEST 22.00 FEET; THENCE SOUTH 03O05'35" WEST 30.65 FEET; THENCE NORTH 86O54'25" WEST 10.00 FEET TO THE AFOREMENTIONED COMMON BOUNDARY OF SAID PARCELS "A" AND "B" ; THENCE NORTH ALONG SAID COMMON BOUNDARY NORTH 03"05'35" EAST 139.66 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,277 SF = 0.05 AC C.M.W.D. 96-219 City of Carlsbad .. Proj. No. PD-447; Dwg. No. 345-6 .. of BFM - CENTERLINE OF PALOMAR OAKS WAY I.,, 'MAP NO. 10198 SOUMWESTERN lm!m DENOTES WATER WEMEW WEMENT LINE CEhXRUNE RIPTI& PARCEL B OF PARCEL MAP NO. 12351. IN ME CIM OF CARLSBM), COUNlY OF SAN DIEGO. STATE OF CALIFORNIA FILED IN ME OFFICE OF ME COUNlY RECORDER OF S4N DIEGO COUMY. OCTOBER 1. 1982 A!5 FILE NO. 82-303517 OF OmCM RECORDS. P.N. 213-092-21 PARCEL MAP NO. 12354 PARCEL A M.S. NO. 580 T.P.O.B. SCALE 1*=w ana PARCEL 3 PARCELMAP NO. I2354 ...... 7po cwq** con*MM&p?ooo SI9-931-1700 Su- WATER EASEMENT REQUESTED BY: Cm OF CARLSBAD 2075 LM PMMAS ORNE -BAD. CA 92009 C.M.W.D. 96-219 EUilBr 'e' h:60-931"80 SHT. 1 OF 2 SHTS. A.P.N. SHOWN ABM PHONE: f619) 438-1161 DATE APRIL 1996 Oae M/lr/9E 6m $1' OC It *K-~~.n~95'01nP~wr; z("!?' f yN.213-092-21 ' 129) I PARCEL 1 AREA = 2.277 SF (00.05 AC) WATER EASEMENT -. 1298 CERTIFICAWN OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated IQ~, from AIR PRODUCTS AND CHEMICALS. INC.. A DELAWARE CORPORATION to the Carlsbad Municipal Water District, Carlsbad, California. pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad. California. pursuant to authority conferred by Resolution No. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992. and the grantee consents to recordation thereof by its duly authorized officer. CMWD 96-219 (2kLDL. R f2-;Lhrrn" ALETHA L. RAUTENKRANZ, Secretary 0811 4/95 Rev. 1299 I, Lynn German Long, Assistant Corporate Secretary of Air Products and Chemicals, Inc., a Delaware corporation (the "Company"), and acting on behalf of the Company, hereby certify that attached hereto is a true, correct and complete copy of a certain Delegation of Corporate Authority duly signed by Arnold H. Kaplan and the undersigned on the dates therein set forth. I further certify that Arnold H. Kaplan was, at the time of execution of the Delegation of Corporate Authority, the Vice President - Energy and Materials of the Company, and as such he executed the attached Delegation of Corporate Authority to Richard E. Leighton which is in full force and effect as of the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Company this 19th day of August 1996. DELEGATION OF CORPORATE AUTHORITY ioELEWTKm NO. I flu unoerslgneo, , In my capacl as Vice President - Energy an3 Materials of Air Products and Chemicals, Inc., pursuant to resolutions of the Board of Directors, hereby delegates authority as described herein below to the following individual(s): NAME OF INOMolul(S) ~ ~~ Richard E. Leighton POSITION nu Real Estate Manager $500,000 mIpTKwI OF AUTHORITI Authority to execute in the name of Air Products and Chemicals, Inc. and its subsidiaries contracts, agreements, and other instruments to which the Company may be a party in carrying out any approved capital transaction involving the acquisition or disposition of real estate or interests therein has been delegated to the individual holding the above listed position, provided that such contracts, agreements and other instruments: Relate to transactions which do not exceed a term of five years exclusive of renewal provisions (deeds, perpetual easements, licenses, permits, franchise agreements, and other instruments which normally have an unlimited term are exempted from the five year limit provisions); and Do not exceed in each instance, in the aggregate value of cash and 'other consideration during the term, the sum set forth opposite the individual's title. This delegation of authority revokes Delegation No. 94-04 (dated 25 January 1994) effective <This authd6 t?&Pk&%~&ed. ]This authority may be subdelegated with the following reStriCtiOnS (if any): to take effect when countersigned by the Corporate Secretary or an Assistant Corporate Secretary and to continue in effect for so long as the designated individual@) hold(s) the designated position titie(s) or until such authority shall be revised or revoked by notice thereof by the undersigned, his or her successor in office, or the person to whom the designated individual reports. PROCEWRAL REFERENCE (IF APPUCABLEJ Practice 401A &y I DATE