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Home My WebLink About; Industrial Developments International, Inc.; 1999-0252311; Easementc rl 5 DOC # 1999-0252311 Apr 15. 1999 10-04 AM AND WHEN RECORDED, PLEASE MAIL TO: SlIN DIEGO CDUNTY REMRDER'S OFFICE rnICIIY REm GREGORY J. SMITH, CWY REWRDER FEES: 0.00 oc: NA MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder's use. & The undersigned grantor@) declare(s): '$' ( )computed on full value of property conveyed, or International. Newton Business Center ' Documentary transfer tax is $o.oO Assessor's Parcel No. 212050-41 Project No. & Name 97-275. La Costa Products ( )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, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. - ..^ r\ ME6 District Engineer " - GRANT DEED OF WATER LINE EASEMENT INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, 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, 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 1 0811 7/98 Rev. .. 3026 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" and Exhibit "B attached hereto and by this reference made a part hereof. Fig. ted by the Grantor this -,$"day of &Pm&f& GRANTOR INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation (name of grantor) n (title of signatory) n alynatory) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the 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.) APPROVED AS TO FORM: AL C-OUNSEL 2 CMWD 97-275 10/20/97 Rev. , .. "~ 3027 STATE OF e"A COUNTY OF I &kWW> On before me, personally appeared dnally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ixare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ih'hedtheir authorized capacity(ies), and that by hls"&heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal O&B> P- SIGNATURE OF NOTARY - (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 06/14/95 Rev. 3028 EXHIBIT "A" WATER EASEMENT BEING A PORTION OF MT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896. A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 17, 1984, AND LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9670, FILED IN THE OFFICE THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 37'27'27" EAST 70.05 DELINEATED AS "BARBARA J. HIGDON 5.00 ACRES GROSS", THENCE ALONG THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 52'31'11" EAST FEET: THENCE LEAVING SAID LINE SOUTH 52'31'11" EAST 68.73 FEET TO RETRACING SOUTH 37"OO'OO" WEST 20.00 FEET: THENCE SOUTH 52'31'11" 31.58 FEET: THENCE NORTH 37'00'00" EAST 20.00 FEET; THENCE RETRACING'NORTH 37'28'49" EAST 70.06 FEET: THENCE SOUTH 52'31'11" EAST 169.38 FEET: THENCE SOUTH 37'28'49'1 WEST 70.06 FEET: THENCE EAST 140.44 FEET: THENCE NORTH 35'5014611 EAST 28.98 FEET: THENCE SOUTH 54'09'14" EAST 30.00 FEET: THENCE RETRACING NORTH 54'09'14" WEST 30.00 FEET; THENCE NORTH 35'50'46" EAST 272.08 FEET: THENCE NORTH 54'09'14" WEST 21.00 FEET: THENCE RETRACING SOUTH 54'09'14" EAST 21.00 FEET: THENCE NORTH 35'50'46" EAST 405.85 FEET: THENCE SOUTH 54'18'34" EAST 34.94 FEET:'THENCE RETRACING NORTH 54"18'34" WEST 34.94 FEET: THENCE NORTH 35'50'46" EAST 21.69 FEET: THENCE NORTH 54"09'14" WEST 205.33 FEET: THENCE NORTH 35'50'46" EAST 40.00 NORTH 54'09'14" WEST 23.57 FEET: THENCE SOUTH 88"01'43'' WEST 158.99 FEET: THENCE RETRACING SOUTH 35'50'46" WEST 40.00 FEET; THENCE FEET: THENCE SOUTH 35'50'46" EAST 95.61 FEET: THENCE SOUTH 53'00'00" EAST 23.50 FEET: THENCE RETRACING NORTH 53'00'00" WEST 23.50 FEET: THENCE SOUTH 35'50'4618 WEST 272.97 FEET: THENCE NORTH 54"09'14" WEST 19.50 FEET: THENCE RETRACING SOUTH 54"09'14'' EAST 54"09'14" EAST 41.00 FEET: THENCE RETRACING NORTH 54'09'14" WEST 19.50 FEET: THENCE SOUTH 35 ' 50 '46" WEST 19.92 FEET: THENCE SOUTH TERMINUS. 41.00 FEET: THENCE SOUTH 35"50'4611 WEST 221.21 FEET TO A POINT OF THE SIDELINES OF THE HEREIN DESCRIBED EASEMENT SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL EASEMENT WIDTH AT ALL INTERSECTING COURSES AND CURVES. SEE ATTACHED EXHIBIT 'lB" CMWD 97-275 , . ... . - .. 3030 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated December 8. , IS&, from INDUSTRIAL DEVELOPMENTS INTERNATIONAL. INC.. a Delaware comoration to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, 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. 996 of the Carlsbad Municipal Water District adopted on September 9. 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: April 8, 1999 CMWD 97-275 AL~HA L. ‘R&JI&NKFW~~. Secretary KAREN R. KUNDTZ, Assistant Secretary v 11/03/97 Rev. 3031 CERTIFICATE OF RESOLUTION AND CERTIFICATE OF INCUMBENCY STATE OF GEORGIA COUNTY OF =TON I, TIMOTHY J. GUNTER, do certify that I am Secretary of Industrial Developments International, Inc. (the “Corporation”), a corporation organized and existing under the laws of the State of Delaware, and that Henry D. Gregory, Jr. is President of the Corporation and David R. Birdwell is Treasurer of the Corporation, and that Daniel L. Webb, G. Bryan Blasingame, Jr., Gregory J. Ryan and Linda Booker are Assistant Secretaries of the Corporation. I further certify that the Corporation is authorized and directed to enter into that certain Water Line Easement for Newton Business Center located in Carlsbad, California. I do further certify that the foregoing resolutions were validly adopted, are within the power of the Directors of the Corporation, do not require shareholder action or approval, have not been repealed, rescinded, modified or amended, in whole or in part, and are now in full force and effect. I do further certify that each of the persons named below, as of the date hereof, is the duly elected and qualified incumbent in the office of the Corporation set forth opposite his name. Name Henry D. Gregory, Jr. President Timothy J. Gunter Secretary David R. Birdwell Treasurer Daniel L. Webb Assistant Secretary G. Bryan Blasingame, Jr. Assistant Secretary Gregory J. Ryan Assistant Secretary Linda Booker Assistant Secretary This Certificate is given under seal this 26aday of Janup, 1999. [Corporate Seal]