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Home My WebLink About; Industrial Developments International; 1999-0145513; EasementRECORDING REQUESTED BY INTERNATIONAL INDUSTRIAL DEVELOPMENTS AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT [?f Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) 1 4985 DOC # 1999-0145513 Mar 08. 1999 3-33 PM WICIK RECORDS Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Assessor’s Parcel No. 209-083-03-00 Documentary transfer tax is $o.oO Project No. & Name 98-213. Palomar Oaks East ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Parcels 32.33. 8 34, NIE Corner Palomar AirDort Road and Loker East ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. .w 50 CARLSBAD MUNICIPAL WATER DISTRICT , WILLIAM E. PLUMMER. Distfict Erigineer GRANT DEED OF WATER LINE EASEMENT INDUSTRIAL DEVELOPMENTS INTERNATIONAL, a Delaware corporatlon ~ ~ ~~ ~~ ~~ ~ ~ ~~ ~~~ 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. .. ._ .. .. . 4986 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. / by the Grantor this ~ I4 day of- GRANTOR INDUSTRIAL DEVELOPMENTS INTERNATIONAL, (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: RONALD R. BALL, GENEPAL CQUNSEL By: CMWD 98-213 OW1 7/98 Rev. 2 On before me. b-1, - NAME AND TITLE OF OFFICER personally appeared J 9. i&%6%ally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that +ekhw'they executed the same in &"their authorized capacity(ies), and that by"hedtheir 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 &lA OrnffjL L0lXdlm SIGNATURE OF NOTARY (This area for official notary sea1.j Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 98-213 06/14/95 Rev. 4988 EXHIBIT A LEGAL DESCRIPTION (CARLSBAD PALOMAR BUSINESS PARK) (PROJECT NO. PIP 98 - 06) CMWD 98-213 WATER EASEMENTS OVER, ACROSS AND THROUGH THOSE STRIPS OF LAND IN PARCEL "A" OF LOT LINE ADJUSTMENT 533, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. 838, RECORDED DECEMBER 4, 1998, AS FILE N0.1998- 0787383, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS STRIP NO. 0: BEING A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 10.00 FEET NORTHERLY OF, MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID PARCEL "A" WITH THE CURVE OF THE WESTERLY LINE OF SAID PARCEL "A", WHICH IS CONCAVE WESTERLY, HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE OF SAID CURVE BEARS TO SAID POINT OF INTERSECTION SOUTH 80O43'23" EAST; THENCE SOUTH 81°49'00" EAST, 56.25 FEET AND NORTH 87O23.19" EAST, 8.25 FEET ALONG SAID PARALLEL LINE TO POINT "A"; THENCE NORTH 02O36'40" WEST, 194.20 FEET TO POINT "B"; THENCE CONTINUING NORTH 02O36'W WEST, 6.16 FEET TO POINT THENCE CONTINUING NORTH 02°36'40" WEST, 92.57 FEET TO POINT THENCE CONTINUING NORTH 02"36'40" WEST, 115.93 FEET TO POINT e THENCE CONTINUING NORTH 02"36'40" WEST, 83.64 FEET TO POINT Po? THENCE CONTINUING NORTH 02"36'40" WEST, 50.20 FEET; THENCE NORTH 57'38'52" EAST, 101.70 FEET TO POINT "F"; THENCE CONTINUING NORTH 57O38'52" EAST, 45.04 FEET AND NORTH 87'23'20" EAST, 41.59 FEET TO POINT "H". Page 1 of 6 4989 THE SIDELINES OF STRIP NO. 1 SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN SAID CURVED WESTERLY LINE OF PARCEL "A" AND TERMINATE EASTERLY IN A LINE WHICH BEARS NORTH 02"36'40" WEST AND PASSES THROUGH POINT "H". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. 1 SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. STRIP NO. E A STRIP OF LAND 28.00 FEET WIDE, LYING 10.00 FEET RIGHT OF AND 18.00 FEET LEFT OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "A" AS HEREINBEFORE DESCRIBED; THENCE NORTH 87O23'19" EAST ALONG SAID LINE, PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL "A", 102.50 FEET TO POINT "1"; THENCE CONTINUING NORTH 87O23'19" EAST ALONG SAID PARALLEL LINE, 292.50 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL "A"; THENCE NORTH 02O36'40" WEST ALONG SAID PARALLEL LINE, 266.52 FEET TO POINT "e THENCE CONTINUING NORTH 0296'40" WEST, 348.98 FEET TO A LINE WHICH BEARS NORTH 87O23'20" EAST FROM HEREINBEFORE DESCRIBED POINT 'Hl: THENCE SOUTH 87O23'20" WEST, 226.00 FEET TO SAID POINT "H". THE SIDELINES OF STRIP NO. 2 SHALL BE PROLONGED OR SHORTENED TO TERMINATE SOUTHWESTERLY IN THE EASTERLY LINE OF STRIP NO. 1 AND TERMINATE NORTHWESTERLY IN A LINE WHICH BEARS NORTH 02"36'44 WEST AND PASSES THROUGH POINT "H". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. 2 SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. Page 2 of 6 2 4990 STRIP "B": A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "B", AS HEREINBEFORE DESCRIBED; THENCE SOUTH 87"23'20" WEST, 25.57 FEET TO THE END OF STRIP "B". THE SIDELINES OF STRIP "B" SHALL BE PROLONGED OR SHORTENED TO TERMINATE EASTERLY IN THE WESTERLY LINE OF STRIP NO. 1 AND TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 02 36'40" WEST AND PASSES THROUGH THE END OF STRIP "B". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. "B" SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "P AS HEREINBEFORE DESCRIBED; THENCE NORTH 87"23'20" EAST, 18.00 FEET TO THE END OF STRIP "C". THE SIDELINES OF STRIP %" SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE EASTERLY LINE OF STRIP NO. 1 AND TERMINATE EASTERLY IN A LINE WHICH BEARS NORTH 02O36'40" WEST AND PASSES THROUGH THE END OF STRIP 'LC'. THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. 'LC" SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. STRIP "D": A STRIP OF LAND 30.00 FEET WIDE, LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "D", AS HEREINBEFORE DESCRIBED; Page 3 of 6 4991 THENCE SOUTH 87'23'20" WEST, 20.00 FEET TO THE END OF STRIP '9". THE SIDELINES OF STRIP "D" SHALL BE PROLONGED OR SHORTENED TO TERMINATE EASTERLY IN THE WESTERLY LINE OF STRIP NO. 1 AND TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 02 36'40" WEST AND PASSES THROUGH THE END OF STRIP "D". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. "D" SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. STRIP "E9 A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "E", AS HEREINBEFORE DESCRIBED; THENCE NORTH 87"23'20" EAST, 18.50 FEET TO THE END OF STRIP "F. THE SIDELINES OF STRIP "E" SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE EASTERLY LINE OF STRIP NO. 1 AND TERMINATE EASTERLY IN A LINE WHICH BEARS NORTH 0296'40" WEST AND PASSES THROUGH THE END OF STRIP YE". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. "E" SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. STRIP "F% A STRIP OF LAND 25.00 FEET WIDE, LYING 10.00 FEET TO THE RIGHT AND 15.00 FEET TO THE LEFT OF THE FOLLOWING DESCRIBED LINE BEGINNING AT POINT "F, AS HEREINBEFORE DESCRIBED; THENCE SOUTH 87"23'20" WEST, 27.05 FEET TO THE END OF STRIP "F. THE SIDELINES OF STRIP "F SHALL BE PROLONGED OR SHORTENED TO TERMINATE EASTERLY IN THE WESTERLY LINE OF STRIP NO. 1 AND TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 02°36'40" WEST AND PASSES THROUGH THE END OF STRIP "F. P Page 4 of 6 4 THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. "F SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. STRIP Yo": A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "G" AS HEREINBEFORE DESCRIBED; THENCE SOUTH 32O21'08" EAST, 33.25 FEET TO THE END OF STRIP "0". THE SIDELINES OF STRIP YO" SHALL BE PROLONGED OR SHORTENED TO TERMINATE NORTHWESTERLY IN THE SOUTHEASTERLY LINE OF STRIP NO. 1 AND TERMINATE SOUTHEASTERLY IN A LINE WHICH BEARS NORTH 57'38'52'' EAST AND PASSES THROUGH THE END OF STRIP Yo". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. Yo" SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. STRIP "1% A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT "I", AS HEREINBEFORE DESCRIBED; THENCE NORTH 02"36'40" WEST, 30.00 FEET TO THE END OF STRIP "I". THE SIDE LINES OF STRIP "I" SHALL BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF STRIP NO. 2 AND TERMINATE NORTHTERLY IN A LINE WHICH BEARS NORTH 87O23'19" EAST AND PASSES THROUGH THE END OF STRIP "I" THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. "I" SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. Pane 5 of 6 5 . : 4993 STRIP "J": A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE BEGINNING AT POINT "J", AS HEREINBEFORE DESCRIBED; THENCE NORTH 87'23'20'' EAST, 54.00 FEET TO THE END OF STRIP "J". THE SIDELINES OF STRIP "J" SHALL BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN THE EASTERLY LINE OF STRIP NO. 1 AND TERMINATE EASTERLY IN A LINE WHICH BEARS NORTH 0236'40" WEST AND PASSES THROUGH THE END OF STRIP "J". THE SIDELINES OF THE HEREIN DESCRIBED STRIP NO. J SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL STRIP WIDTH AT ALL INTERSECTING COURSES OR CURVES. WATER EASEMENTS OVER, ACROSS AND THROUGH THOSE STRIPS OF LAND IN PARCEL "6" OF LOT LINE ADJUSTMENT 533, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. 839, RECORDED DECEMBER 4, 1998, AS FILE NO. 1998- 0787383, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: (DESCRIBED DISTANCES ARE MEASURED AT RIGHT ANGLES TO THE RESPECTIVE PARCEL LINES OF SAID PARCEL "B") THE WEST 20.00 FEET OF THE EAST 453.67 FEET OF THE NORTH 40.50 FEET OF SAID PARCEL "B"; THE WEST 20.00 FEET OF THE EAST 338.50 FEET OF THE NORTH 40.50 FEET OF SAID PARCEL "B" AND THE WEST 20.00 FEET OF THE EAST 125.00 FEET OF THE NORTH 40.50 FEET OF SAID PARCEL "B" i DESCRIPTION PREPARED UNDER THE SUPERVISION OF: REG. EXP. Page 6 of 6 H:\1762\1762WEZ.do 6 NUMBER 11 12 13 14 15 16 n 18 T9 11 1 110 112 113 114 715 116 11 7 TI8 119 Tzo l21 Tu TW 124 3: l27 l28 l29 OISTANCE 205.06' 231.98' 249.10' 57.58' 519.20' 55.25' 194.20' 8.25' 115.93 6.16: 101.70' 50.20' 226.00' 41.59' 348.98' 266.52' 292.50" 20.00' 25.57' 27.05' 54.00' 92.57' 18.00' 63.64' 45.04 102.50 33.25: 30.00' TANGENT 18.50: TABLE BEARING N 3332'25' W N 54'26'42' E N 81'49'00' W N 8723'19' E N 3T20'53' W N 81'49'00' W N 0236'40' W N 8723'19' E N 013640 W N OT36,'40: W N 0136'40' W N 5TLuI'SZ' E N 8723'20' E N 872320' E N 0136'40' W N 0136'40' W N 87'23'19' E N 8723'20' E N 8723'20' E N 8723'20' E N 8773'20' E N 8723'20' E N 0236'40' W N 0236'40' W N 8T23'20' E N sTZl'08' W N 57'58'52' E N 8723'19' E N OT36'40' W UUUBER WTA RADIUS LENGTH c1 OT"18' 25' c2 3T4532' 264' 42.36' 174.01' w c4 2527'48' 336' 4379'53' 336' 251.11' 137.60' CUM TABLE A.P.N. 209-083-01. 02. 03 I' Thienes €ngineering CIVIL ENGINEERING 4 L4NO SURMnNG 16800 VALLEY WEW AVENUE 0 100 200 400 r)r 600 L4 MlkYOA, WILIFORNM 90639 - W.(7I4)52I-48II ciw(11)52f-4173 SCALE: 1 "=200' GlSEMENT PUT PREPARED UNOER THE SUPERWSION Of: PRCUECT NO. WAER LINE C4SEMENT PIP 98-06 PRWECE uWLS&4D PALOMAR BUSINESS Loll updale: 1/7/99 R1.S. 4591." EXP: 9/3@?002' daTF' PARK CMWD 98-2 13 ,/,A9 1762WEZ.d.q .. .. CERTIFICATION FOR ACCEPTANCE OF DEED 4995 This is to certify that the interest in real property conveyed by the grant deed of easement, dated January 14 , 193, from INDUSTRIAL DEVELOPMENTS INTERNATIONAL. a Delaware Corooration. 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: February 22, 1999 CMWD 98-213 11/03/97 Rev CERTIFICATE OF RESOLUTION AND CERTIFICATE OF INCUMBENCY STATE OF GEORGIA COUNTY OF FULTON 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 Palomar Oaks East, Parcels 32, 33, & 34, NIE Comer Palomar Airport Road and Loker East 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 th [Corporate Seal] W!S&sonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name@) ishsubscribed to the within instrument and acknowledged to me that heM&hey executed the same in his/tmit&r hishedtktr ' authorized capacity(ies), and that by or the entity upon behalf of which the person(s) acted, ' signature(s) on the instrument the person(s), executed the instrument. WITNESS my hand and official seal. pwl,Um, Signature 01 Notary Publlc OPTIONAL E~f+,~'fQ+=A& DM /+/70*, Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: 0 Individual 0 Corporate Officer , 0 Partner - 0 Limited' 0 General Title(s): 0 Attornev-in-Fact 0 ,Trustee. 0 Guardian or Conservator Other: I Top Of thumb here -1 I Signer's Name: 0 Individual 0 Corporate Officer Title@): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trust& 0 Guardian or Conservator 0 Other: op 0 urn ere Signer Is Representing: I1 I