HomeMy WebLinkAbout; Palomar Crest, LLC; 1999-0056289; EasementRECORDING REQUESTED BY
PALOMAR CREST LLC
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
fee as it is to the benefit of the
Please record the document at no
District (Gov. Code [6103].)
SM DIEM] M#TY RECORDER'S OFFICE OFFICIflL ECORDS
GREFMlY J. SHITH, CMTY RECORDER FEES:
oc:
0.00 NA
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 209-081-22
Documentary transfer tax is $o.oO $ Project No. & Name 98-211. Lot 22. Carlsbad Oaks
) computed on full value of property conveyed, or West, NIE Corner Loker West 8, Palomar AirDort
)computed on full value less value of liens and Road
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged.
( ) Unincorporated area: (x) City of Carlsbad , and
wsa WILLIAM E. PLUMMER, District Engineer
GRANT DEED OF WATER LINE EASEMENT
PALOMAR CREST LLC, a California limited liability company
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
natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking
1 0811 7/98 Rev.
,, 2J07 . 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
Executed by the Grantor this - 255ay of dm@,
19%.
GRANTOR PALOMAR CREST LLC,
a California limited liability company
By:
(sign here)
(title of signatory)
By:
(sign here)
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.)
execute this instrument.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
APPROVED AS TO FORM:
CMWD 98-211
08/17/98 Rev. 2
2308
STATE OF CALIFORNIA 1
COIJNTYOF Sari Diego
on 11/25/98 beforeme, Serena Contreras, Notary Public
DATE NAME AND TITLE OF OFFICER
personally appeared Mark D. McLaren
NAME(S) OF SIGNER@)
[XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity
won behalf of which the Dersonk) acted, executed the instrument.
WITNESS my hand and official seal
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 98-211
06/14/95 Rev.
2309
AUGUST 12,1998
SDE 4437
EXHIBIT 'A'
THAT PORTION OF LOT 22 OF CITY OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 10372, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982 DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 22, THENCE ALONG THE WESTERLY
THENCE LEAVING SAID LINE NORTH 84"55'55' EAST, 75.13 FEET TO A POINT ON THE ARC OF A
390.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 34.83 FEET THROUGH A CENTRAL ANGLE
SOUTH 83"33'18' WEST;
THENCE NON-TANGENT TO SAID CURVE SOUTH 8951'36' EAST, I1 BO FEET;
OF 5"06'59';
THENCE SOUTH O"08'24' WEST, 10.93 FEET;
THENCE SOUTH 89°51'38' EAST, 20.00 FEET;
THENCE SOUTH 89.51 '38. EAST, 312.25 FEET;
THENCE NORTH 0°08'24' EAST, 10.93 FEET;
THENCE SOUM 8S051'38' EAST, 20.00 FEET;
THENCE SOUTH 098'24" WEST, 10.85 FEET;
THENCE NORTH 0°08'24" EAST, 10.85 FEET;
THENCE SOUTH 89"51'36' EAST, 93.12 FEET;
THENCE NORTH U"51'38" WEST, 9.05 FEET;
THENCE SOUTH O"08'24" WEST, 239.67 FEET;
THENCE SOUTH U"51'30' EAST, 8.83 FEET;
THENCE SOUTH 45'08'24" WEST, 21.63 FEET;
THENCE NORTH 89'51'36" WEST, 51.18 FEET TO THE BEGINNING OF A TANGENT 3399.86 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE 192.09 FEET THROUGH A CENTRAL ANGLE OF 3"14'14';
THENCE NORTH 3"15'56' WEST, 82.56 FEET:
THENCE SOUTH 86"44'M' WEST, 20.00 FEET;
THENCE SOUTH 3"15'56' EAST, 82.56 FEET TO A POINT ON THE ARC OF SAID 3399.86 FOOT RADIUS
CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 3"26'03' WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE 90.89 FEET THROUGH A CENTRAL ANGLE
OF I 031'54s;
THENCE SOUTH 85°02'03s WEST. 59.33 FEET;
THENCE NORTH 4'57'57' WEST, 40.00 FEET;
THENCE SOUTH 85"02'03' WEST, 80.00 FEET TO SAID WESTERLY LINE OF LOT 22;
THENCE ALONG SAID LINE SOUTH 4257'57" EAST, 20.00 FEET;
THENCE LEAVING SAID LINE NORTH 85"02'03n EAST, 80.00 FEET;
THENCE NORTH 85'02'03' EAST, 79.33 FEET TO THE BEGINNING OF A TANGENT 3379.86 FOOT
THENCE SOUTH 4'57'57' EAST, 40.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE 301 .I9 FEET THROUGH A CENTRAL ANGLE OF 5"06'21";
RADIUS CURVE CONCAVE SOUTHERLY;
LINE THEREOF SOUTH 4057'57- EAST, 94.58 FEET TO THE TRUE POINT OF BEGINNING;
CMWD 98-211
2310
THENCE SOUTH 89"51'36" EAST, 59.76 FEET;
THENCE NORTH O"08'24' EAST. 267.96 FEET;
THENCE NORTH 45°08'24' EAST, 37.98 FEET;
THENCE NORTH 89"51'36' WEST, 496.97 FEET TO A POINT ON THE ARC OF A 410.00 FOOT RADIUS
CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88"Z7'45'
WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 36.64 FEET THROUGH A CENTRAL ANGLE
OF 5°07'15';
THENCE ALONG SAID LINE SOUTH 457'57 EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING.
LINE OF LOT 22;
THENCE NON-TANGENT TO SAID CURVE SOUTH 84"55'55' WEST, 55.12 FEET TO SAID WESTERLY
CMWD 98-2f1
2311
EXHIBIT "B"
WATER EASEMENT PLAT
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2312
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
November 25 , 19%& from PALOMAR CREST LLC. a California limited liabilitv comDany 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:mry 19. 1999
1 AMHA L. @~E~IKR$z~, Secretary
KAREN R. KUNDTZ, Asxstant Secretary CMWD 98-211
11/03/97 Rev.
2313
RESOLUTION OF
PALOMAR CREST, LLC, a California Limited Liability Company
WHEREAS, PALOMAR CREST, LLC, is a California Limited Liability Company
("Company"); and
WHEREAS, the Manager and President of the Company is MARK D. McLAREN; and
WHEREAS, the Company Operating Agreement authorizes MARK D. McLAREN to
enter into this resolution and authorization; and
WHEREAS, it is in the best interest of the Company to make the below set forth
resolution and authorization.
WHEREFORE, the Manager and President of the Company resolves as follows:
IT IS HEREBY RESOLVED that MARK D. McLAREN, Manager and President, be and
is hereby authorized to execute the document entitled "Subordination Agreement (Trust Deed
Holders)", a copy of which is attached hereto as Exhibit "A".
This Resolution is executed on November 5 1998, in San Diego, California.
n
Mark 42.4"- D. McLaren, an r
and President
RECORDING REQUESTED BY
PALOMAR CREST LLC
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
ms: 0.00
Please record the document at no fee as it is to the
benefit of the District (Gov. Code [6103].)
I Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 209-081-22 PROJECT NO. & NAME: 98-211. Lot 22. Carlsbad Oaks West
NIE Corner Loker West & Palomar AirDort Road
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
WHICH YOUR SECURITY INSTRUMENT AlTACHES AND
OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this - z!+ day of /&I/fflHR , 19=, by PALOMAR CREST LLC. a
California limited liabilitv comDanv , owner of the land described and hereinafter referred to as "Owner," and SAN
DIEGO NATIONAL BANK. present owner and holder of the deed of trust hereinafter described, hereinafter referred to as
"Beneficiary;"
WITNESSETH
THAT WHEREAS, PALOMAR CREST LLC. a California limited liabilitv comDany did execute a deed of trust,
dated u, 1998 to SAN DIEGO NATIONAL BANK as trustee, to secure a note in the sum of Eiaht Million Three
0811 7198 Rev.
2315
Hundred Thousand Dollars CS8,300.000.00) dated Julv 9. 1998 in favor of SAN DIEGO NATIONAL BANK recorded in
the office of the County Recorder of San Diego County on July 9.1998 as File No. I9984423665 of Official Records of
said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated
, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement
Grantee,” creating ANiTHE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS “A” & “B
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of
EASEMENT/EASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the
deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or
charge of the deed of trust above mentioned to the lien or charge of the EASEMENnEASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENTlEASEMENTS and Beneficiary is willing that the grant of EASEMENTlEASEMENTS shall, when recorded,
constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement
Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENnEASEMENTS in favor of Easement Grantee shall unconditionally be and remain
at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above
mentioned.
2. That Easement Grantee would not accept said EASEMENnEASEMENTS above described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of Easement Grantee above
2 08/1 7/98 Rev.
..
2316
referred to and shall supersede and cancel, but only insofar as would affect the priority behveen the deed of trust and
EASEMENTIEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including,
but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the
subordination of the lien or charge thereof to another interest in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement
Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above
mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and
delivered, the EASEMENTIEASEMENTS WARE being created, and that specific monetary and other obligations are being
and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made
or entered into but for said reliance upon the subordination: and
Ill
Ill
111
111
Ill
Ill
111
Ill
111
111
Ill
Ill
Ill
Ill
3 0811 7/98 Rev.
2317
3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned
that said deed of trust has by this instrument been subordinated to the charge of the EASEMENT/EASEMENTS in favor of
Easement Grantee above referred to:
Executed this day of kYt9'W&E@ I Executed this 2sTzs dayof1-a , 1948. 1940.
BENEFICIA& 1 OWNER:
I
(name) (name)
By: By:
(authorized signature) (authorized signature)
(name) (name)
Its:
(title)
Its:
(title)
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATTER.
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
RONALD R. BALL, General Counsel
By:
CMWD 98-211
08/17/98 Rev. 4
2318
STATE OF CALIFORNIA 1
COUNTYOF Sari Diego
On 11/25/98 before me, Serena eontreras, Notary Public
DATE NAME AND TITLE OF OFFICER
personally appeared Mark D. McLaren
NAME@) OF SIGNER@)
a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir 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
SIGNA URE 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
CMWD 98-211
06/14/95 Rev.
..
2319
STATE OF CALIFORNIA 1
COUNTYOF sAN llIEGo 1 ss'
On NOVEMBER 30, 1998beforeme, STELLA VASILAKIS, NOTARY PUBLIC
DATE NAME AND TITLE OF OFFICER
personally appeared ADAM S. METZGER ------------
NAME@) OF SIGNER@)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(* whose
name(+ is/= subscribed to the within instrument and acknowledged to me that he/sheAbey executed the same in
hislRetmnir authorized capacityw, and that by hislkeFltheit signature(s) on the instrument the person(+, or the entity
upon behalf of which the person@ acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document SUBoRDINAT1oN AGREEMENT
Date of Document NOVEMBER 25 3 1998 No. of Pages
Signer(s) other than named above
CMWD 98-211
06/14/95 Rev.
2320
AUGUST 12,1998
SDE 4437
THAT PORTION OF LOT 22 OF CITY OF CARLSBAD TRAC1
EXHIBIT 'A'
' NO. 74-21, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 10372, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13.1982 DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 22, THENCE ALONG THE WESTERLY
LINE THEREOF SOUTH 4"57'57' EAST, 94.56 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID LINE NORTH 84"55'55' EAST. 75.13 FEET TO A POINT ON THE ARC OF A
390.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH ~~YX~YWEST:
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 34.83 FEET THROUGH A CENTRAL ANGLE
OF 5"06'59';
THENCE SOUTH O"08'24" WEST, 10.93 FEET;
THENCE SOUTH 89"51'36' EAST. 20.00 FEET;
THENCE NORTH O"08'24" EAST, 10.93 FEET;
THENCE SOUTH 89.51 '36' EAST, 312.25 FEET';
THENCE SOUTH O"0824' WEST, 10.85 FEET;
THENCE SOUTH 8951'36" EAST, 20.00 FEET;
THENCE NORTH O"08'24' EAST, 10.85 FEET;
THENCE SOUTH 89"51'36' EAST, 93.12 FEET;
THENCE SOUTH O"08'24' WEST, 239.67 FEET;
THENCE NORTH 44"51'36' WEST, 9.05 FEET;
THENCE SOUTH 45"08'24" WEST, 21.63 FEET;
THENCE SOUTH U051'36' EAST, 8.83 FEET;
THENCE NORTH 89°51'36" WEST, 51 .I8 FEET TO THE BEGINNING OF A TANGENT 3399.86 FOOT
THENCE ALONG THE ARC OF SAID CURVE 192.09 FEET THROUGH A CENTRAL ANGLE OF 3"14'14';
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE NORTH 3"15'56' WEST, 82.56 FEET;
THENCE SOUTH 88"44'04" WEST, 20.00 FEET;
THENCE SOUTH 3"15'56" EAST, 82.56 FEET TO A POINT ON THE ARC OF SAID 3399.86 FOOT RADIUS
CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 3O26'03" WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE 90.89 FEET THROUGH A CENTRAL ANGLE
OF Io31'54';
THENCE SOUTH 85"02'03' WEST. 59.33 FEET;
THENCE NORTH 4'57'57' WEST, 40.00 FEET;
THENCE SOUTH 85'02'03' WEST, 80.00 FEET TO SAID WESTERLY LINE OF LOT 22;
THENCE ALONG SAID LINE SOUTH 457'57" EAST, 20.00 FEET:
THENCE LEAVING SAID LINE NORTH 85"02'03' EAST, 80.00 FEET;
THENCE SOUTH 4'57'57' EAST, 40.00 FEET;
THENCE NORTH 85"02'03' EAST, 79.33 FEET TO THE BEGINNING OF A TANGENT 3379.86 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE 301.19 FEET THROUGH A CENTRAL ANGLE OF 5"08'21';
- - - . . . - - . . - . - - . .
THENCE NON-TANGENT TO SAID CURVE SOUTH 89"51'36' EAST, 11.60 FEET;
ChWD 96-211
2321
THENCE SOUTH 89"51'36" EAST. 59.76 FEET;
THENCE NORTH 45"0824' EAST, 37.96 FEET;
THENCE NORTH O"06'24' EAST, 267.96 FEET;
THENCE NORTH 89"51'36" WEST, 496.97 FEET TO A POINT ON THE ARC OF A 410.00 FOOT RADIUS
CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88"27'45"
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 36.64 FEET THROUGH A CENTRAL ANGLE
WEST;
THENCE NOKTANGENTTO SAID CURVE SOUTH 8455'55" WEST, 55.12 FEET TO SAID WESTERLY
OF S"07'15';
THENCE ALONG SAID LINE SOUTH 457'57" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING. LINE OF LOT 22;
CMWD 96-24 1
2322
EXHIBIT "B"
WATER EASEMENT PLAT
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I
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2323
RESOLUTION OF
PALOMAR CREST, LLC, a California Limited Liability Company
WHEREAS, PALOMAR CREST, LLC, is a California Limited Liability Company
("Company"); and
WHEREAS, the Manager and President of the Company is MARK D. McLAREN; and
WHEREAS, the Company Operating Agreement authorizes MARK D. McLAREN to
enter into this resolution and authorization; and
WHEREAS, it is in the best interest of the Company to make the below set forth
resolution and authorization.
WHEREFORE, the Manager and President of the Company resolves as follows:
IT IS HEREBY RESOLVED that MARK D. McLAREN, Manager and President, be and
is hereby authorized to execute the document entitled "Grant Deed of Water Line Easement", a
copy of which is attached hereto as Exhibit "A".
This Resolution is executed on November 5 1998, in San Diego, California.
&dpDk"- Mark D. McLaren.
~ and President
2324
SAN DIEGO NATIONAL BANK,
A National Banking Association
Certified Copy of Resolution
CERTIFICATE OF OF’F’ICER
The undersigned does hereby certify that:
I am the duly qualified and acting secretary of San Diego National Bank (the
“Association”), a duly organized and existing national banking association.
The following is a true copy of a resolution duly adopted by the Directors of the
Association at a meeting duly held on November 11, 1981, which appears in the minute book of
the Association:
RESOLVED, that the officers of this bank and each of them, are
hereby authorized and empowered to do those things and take
those actions necessary to cany on the banking functions of this
Association.
IN WITNESS WHEREOF, I have executed this Certificate of Officer this 17th day of
March, 1998. -~
4&6 +LL
Robert B. Horsm Secretary
State of California '
Bill Jones 2325 Secretary of State
LIMITEDLIABILITYCOMPANY ARTICLES OF ORGANIZATION
LLC-1
mORTAm - Read the instructions before completing the form.
This document is presented for filing pursuant to Section 17050 of the California Corporations Code.
1. Limited liabili company name: wih"rtYur"i~*-. ~prad.~8.I-i.ZU-~lod'ud'~~b..bbmiuod~D.ul'Ca7
PALOMAR CREST, LLC
2. Latest date (monWday/year) on which the limited liability company is to dissolve:
January 31, 2038
, 3. The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company
~ may be organized under the Beverly-Killea Limited Liability Company Act.
i 4. Enter the name of initial agent for smice ofproceu and check the appropriate provision below: 1
I DIETMAR E. SCHOTT , which is
[ x] an individual residing in California Proceed to Item 5. .
[ 1 a corporation which has med a cenificate pursuant to Section 1505 of the California C~rp~nti~n~ Code. Ssp Item 5
and proceed to Item 6.
5. If the initial agent for service of process is an igdividual. enter a business or residential stmt address in California:
Streetaddress: 8799 Balboa Ave. STe. 265
City: San Diego State: CALIFORNIA Zip Code: 9 2 I. 2 3
6. The limited liability company will be managed by : (check one)
[x 1 onemanager [ 1 more than one manager [ ] limited liability company members
7. If other matters are to be included in the Articles of Organization attach one or more separate pages.
Number of pages attached, if any:
8. It is hereby declared that I am the person who
executed this . nL which execution is
my act and de?
Signame of organizer c
DIETMAR. E. SCHOTT
Type or print name of organizer'
Dare: Jenuary 9 ,I9 98