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HomeMy WebLinkAbout; Price Company; 1995-0361135; Easement902303 PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT ) OF THIS DISTRICT (GOV. CODE [6103]) ) OFFICIAL RECORDS ShN DIEGO COUNTY RECOADER'S OFFICE GREGORY SHITHs COUNTY RECOADER RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO: 1 1 FEES: 0. M) t!#l Carlsbad Municipal Water District ) Engineering Department ) 5950 ~l Camino Real ) Carlsbad, California 92008 1 space above this line for Recorder's use. /"I Assessor's Parcel No. 211-040-d?,.i . 'I Project Name & No. Price Club, CMWD Proiect No. 94-302 Intersection of Palomar Aimort Road and 'l DOCUMENTARY TRANSFER _c TAX: None EASEMENT (TEMPORARY CONSTRUCTION) THE PRICE COMP?NY, a California corporation h PRICE ENTERPRIBEB, INC., a Delaware corporation 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: To provide a temporary equipment and materials staging area for 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, 1 06/29/95 REV. 24 whether above or below the surface of the ground as provided for in that certain 'IEasement (Reclaimed Water Pipeline)" granted to the Carlsbad Municipal Water District by the Price Company, dated as of June 13, 1995. Once the work is completed, Grantee agrees that it will restore the surface of the easement staging area and easement area to its current condition. This Easement (Temporary Construction) shall terminate ninety (90) days after the filing of a Notice of Completion for the project or on November 1,1995, whichever date first occurs. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit ltA1v and Exhibit l*Blt attached hereto and by this reference made a part hereof. Executed by the GRANTOR this IDCL, day of -, 19s. GRANTOR: THE PRICE COMPANY, a California Colporation By: (name of grantor) (title of signatory) GRANTOR: PRICE ENTERPRISES, INC, a Delaware Colporation (name of grantor) By : / Vlrq @b * (title of signatory) 2 06/29/95 REV. .. .. - APPROVED AS TO FORM: RONALD R. BALL GENERA& FOUNSEL 25 (Notarial acknowledgment of execution by GRANTOR nust be attached.) CMWD 94-302 3 06/29/95 REV. STATE OF WASHINGTON 1 26 COUNTY OF g/ N 1 ss. J I certify that I know or have satisfactory evidence that Xhn D. Thelab signed this instrument, on oath stated that he/sheauthorized to execute the instrument as the E t.e&t’u e dip P 7kesi deck- of The Price Company and acknowledged it to be the free and voluntary act and deed of said corporation, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed on du& -” 10 , 1995. U ,bA” I&& Notary Public oc .. I I CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT NO. 5907 27 . ., NOTARY PUBLIC personally appeared ZOYE-PI4 shr Gersonally known to me - OR - 0 pl NAME@) OF SIGNERIS) to be the person@'whose namew is/@@ subscribed to the within instrument and ac- knowledged to me that h&k@@&(executed the same in hisww authorized capacity-, and that by his/M/W signature# on the instrument the persow, or the ,entity upon behalf of which the perso& acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITLEIS) PARTNER(S) 0 LIMITED 0 AlTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER: GENERAL SIGNER IS REPRESENTING ME OF PERSON(S) OR EMIPIIIES) NUMBER OF PAGES DATE OF DOCUMENT && rn@d&rn6 SIGNER(S) OTHER THAN N ED ABOVE 01993 NATIONAL NOTARY ASSOCIATION * 8236 Rernrnet Ave.. P.O. Box 7184 * Canoga Pah. CA 91309-7184 : ', CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907 28 On 7 - 14 - before me, personally appeared /-Of< vpersonally known to me - OR - 0 E DATE A - ., "MAEU%+OTARY PUBLIC NAMEIS) OF SIGNERIS) to be the personw whose name&iw subscribed to the within instrument and ac- knowledged to me that he/$$/wexecuted the same in his/mw authorized and that by his/p87lihak.< the instrument the personK or the entity upon behalf of which the personMacted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER '~ TITLE OR TYPE OF DO~UMENT TITLEIS) 0 PARTNER(S) 0 LIMITED 0 ATORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE@) 0 GUARDIAN/CONSERVATOR 0 OTHER: 0 GENERAL '.. i- DATE OF DOCUMENT j 1 SIGNER IS REPRESENTING: " ~>' -; t.,, ;. -&- .- -4 NAME OF PERSONIS) OR ENTIWIIES) , "">?-=: &-,,.G2'2 5. :~ ,. ",,&5<C..," ,+ - SIGNER(S) OTHER 'THAN NAMED ABOVE - 01993 NATIONAL NOTARY ASSOCIATION - 6236 Remrnel Ave.. P.O. Box 7164 - Canaga Park, CA 91309-7184 EXHIBIT 'A' 29 ALL THOSE PORTIONS OF PARCELS 1 AND 4 IN THE CIN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 16860. RECORDED ON MAY 27, 1992 IN SAID COUNTY RECORDER'S OFFICE BEING AN AREA OF LAND DESCRIBED AS FOLLOWS: THE POINT OF BEGINNING, BEING THE MOST NORTHWESTERLY CORNER OF PARCEL NO. 4 OF SAID PARCEL MAP; THENCE SOUTH 02W9'09" WEST 380.00 FEET; THENCE NORTH 87°5043" WEST, 100.00 FEET; THENCE NORTH 02"09'09 EAST, 110.00 FEET; THENCE NORTH 87°5043" WEST, 99.00 FEET; THENCE NORTH 02'09'09' EAST 270.00 MORE OF LESS TO THE NORTHERLY LINE OF PARCEL NO. 1 OF SAID PARCEL MAP; THENCE ALONG THE SAID NORTHERLY PARCELLINE SOUTH 87'50'43" EAST 199.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. EXCEPTING ALL THAT PORTION OF PARCEL NO. 4. 1.36 ACRES PRICE CLUB CMWD 94-302 31 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated .?/;/9, , from THE PRICE COMPANY, a California corporation, 81 PRICE ENTERPRISES. INC. a Deleware corporation 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. 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 94-302 32 THE PRICE COMPANY CERTIFICATE OF AUTHORITY The undersigned, Assistant Secretary of The Price Company (the "Corporation"), hereby certifies that John D. Thelan is an Executive Vice President of the Corporation, that the specimen signature appearing next to his name below is his genuine signature and that by resolution duly adopted by the Board of Directors of The Price Company on August 28, 1994, he is authorized to sign all corporate documents regarding the transfer of properties to Price Enterprises, Inc. pursuant to the Agreement of Transfer and Plan of Exchange dated July 28, 1994. JOHN D. THELAN, Executive Vice President IN WITNESS WE OF, I have hereunto set my hand and affixed the seal of the Corporation, this @ day of July, 1995. CORPORATE SEAL Donald E. Burdick, Assistant Secretary