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Home My WebLink AboutCMWD 82-306; SHEA HOMES LIMITED PARTNERSHIP; 1999-0281030; Easement* * i' '4 t- e +pflp T g LjQLj-1 ihzz3$& 8 ! & .-v.=up?. *-= <- r==y, & p I 7536 i$ a-=a 2& J= .'d $ ;d -=&, ;b 3-i ,& c. RECORDING REQUESTED BY Shea Homes Limited Partnership $QF; $,-. :7r? i k 9 A+y$ay -f :-" "3. r?. 2 2 %< AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT ;iffI"X! &p$g i" 1 1 t.' I Ti.yr:?; 7, i$jl 7,: ,-.-",-.-.?;-_~- """ I... sH;, L ,cub &ufj , f KtCG):i;ltp;. 5 3- i- ICt: b&u:JF.r <.I ~ !jfii ij? LIJ& 1 7 n~!,g~~~~r, v "Aiii . _" is,= .-:"(.,F$rii: - _(I :" .-F;i I-,,! ;-:r?ryi-trn rr"t-8. r tt3 n i;; r',n 'fip a .d . , v J" :& Ill1 lllllll 199s-wa I1 Ill 7 030 111 I I 6 Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). 10-t Space above this line for Recc lY r 1.- The undersigned grantor(s) declare(s): Assessor's Parcel No. 208-020-37 pj k ( ) computed on full value of property conveyed, or Cannon Road and El Camino Real 0 Documentary transfer tax is $ 0.00 Project No. & Name 82-306. Kellv Ranch. Co ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Carlsbad , and ,+ receipt of which is hereby acknowledged. ,$ .-.--- . -. FOR A VALUABLE CONSIDERATION, CITY OF CARLSBAD /',ylJ ",, j A I. i \, ' ; " WILLIAM E. PLUMMEk, District Engineer / \' / \"-_-I GRANT DEED OF WASTEWATER PIPELINE EASEMENT SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the c( operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and rep designed for the general purpose of collecting, storing, transporting, pumping and treating all wastewater, includ water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drain; 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' and all facilities and structures associated with said use which are designed to facilitate the use and protect the natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doc 1 081 .' ,. 0 7537 0 ** devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of acce from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstruc facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be us( Grantor or any other person or entity, including other utilities, whether public or private, for uses whether coml incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the GRANTOR this =tday of March 19%. Mark Brock, Vice President (title of signatory) By: ( "" - "~"---- "--+"""\ /" , i-. ,- "."- "-.. sigr7here) Richard Gustafson, Assistant Secretary (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 corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empo officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorney J~,/ By: F/ .I /.;/ggg JANE BALDI, Assistant City Attorney CM 2 08 11 .. 0 7538 0 STATE OF CALIFORNIA I COUNTYOF Sari Diego 1’ ss- On March 31, 1999, beforeme, Rhonda M. Angel, Notary Public---------------------- DATE NAME AND TITLE OF OFFICER personallyappeared Mark Brock and Richard Gustafson---------------------------------- NAME@) OF SIGNER(S) Q personally known to me - OR - 0 ptT%d~mh~k&~~e~~rn to be the person name(s) islare subscribed to the within instrument and acknowledged to me that dit&&&they executed thc hkhwc1their authorized capacity(ies), and that by kWhec1their signature(s) on the instrument the person(s), or upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. k 1, &.I&Jyjq , &[.+ , (j 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 I CMWD 82-306 0611 . 8. 0 7539 0 DECEMBER 30, 199 J.N. 98102 EXHIBIT 'A" LEGAL DESCRIPTION A PORTION OF LOT 148 OF CARLSBAD TRACT NO. 96-07-3, IN THE CIT' OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN( TO MAP THEREOF NO. 13715, FILED IN THE OFFICE OF THE COUNT' RECORDER OF THE COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, 0' OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 148, SA11 CORNER BEING A POINT ON A 1451 FOOT RFlDIUS CURVE, CONCAVI NORTHWESTERLY, SAID CURVE BEING THE WESTERLY LOT LINE OF SA11 LOT 148, A RADIAL TO SAID CURVE BEARS SOUTH 58'50'11'' EAST, THENCE, NORTHERLY ALONG SAID WESTERLY LOT LINE, ALONG SAID CURVI THROUGH A CENTRZU, ANGLE OF 6'48'15" AN ARC DISTANCE OF 172.3: FEET; THENCE CONTINUING ALONG SAID WESTERLY LOT LINE NORT€ 24'21'34" EAST 91.70 FEET TO A TANGENT 25 FOOT Iw)IUS CURVE, CONCAVE SOUTHEASTERLY, SAID CURVE BEING THE NORTHERLY LOT LINI OF SAID LOT 148; THENCE EASTERLY ALONG SAID NORTHERLY LOT LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'22 '32" AN ARC DISTANCE OF 39.00 FEET TO A 6963 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 23'44'06' WEST; THENCE, CONTINUING EASTERLY ALONG SAID NORTHERLY LOT LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'09'27" AN ARC DISTANCE OF 19.14 FEET TO A POINT ON THE EASTERLY LOT LINE OE SAID LOT 148; THENCE, SOUTHERLY ALONG SAID EASTERLY LOT LINE SOUTH 1'52'52" EAST 22.14 FEET; THENCE, LEAVING SAID EASTERLY LO1 LINE, SOUTH 71'50'32" WEST 45.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 20.00 FEET MEASURED AT RIGHT ANGLE: EASTERLY FROM THE WESTERLY LOT LINE OF SAID LOT 148; THENCE SOUTHERLY ALONG SAID LINE SOUTH 24'21'34'' WEST 66.21 FEET TO P TANGENT 1471 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, SA11 CURVE BEING PARALLEL WITH AND DISTANT 20.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM THE WESTERLY LOT LINE OF SAIL LOT 148; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTW ANGLE OF 6'17'56" AN ARC DISTANCE OF 161.72 FEET TO A POINT O& THE SOUTHERLY LCT LINE OF SAID LOT 148; THENCE, WESTERLY ALONG SAID SOUTHERLY LOT LINE SOUTH 88'06'55" WEST 23.79 FEET TO THE TRUE POINT OF BEGINNING. AREA = 6,627 SQ FT N: \i.2'OFFI,3C\WINWOR~\981521\E;i.ioit~.1=.1 Bd- 30L -.-. BASE OF .BQR'NGZ MP NO. 13715 E NORR xzr '34" GIST LEG€N& - &4SEMlWT LIN. L€aL D€.SCRlf ?7OM POR~ON of lor 148 OF c41~w JBCT NO. 96-07-3 lN 7H€ CITY OF C4RLS04Q IN rmE COUNJY OF .sw DIEGO. LZ CAMQVO REAL .- - e - .-_. (RS 1800-1) 3 - ...- " ..._,_. ..... ".-- .._._" ....-, - . . . . . ..- . . . .- . . . . . , - -, .- .......-...._.__ a CONSUL1 5900 Pastar Ct. Suit. 100 carlsbild. cosfomm 92009 FOxSl9-931-8680 619-951-7700 SEWER E4SEMFNT 82 - 30L SH~: r OF r REQUfSEU 8F SHE4 HOMES 10721 TR€Ei ST: SUITE 200 EXHI0lfT "B" A.P.N. iQ&Qi SIN DIEGO c4 9zr3r DA TE JA/ F.\JOaS\971032\9732POL 2-24-$< ,. 1 " j ., 0 7541 X' 0 CERTIFICATION FOR ACCEPTANCE OF DEED Tbj5 js 10 cefljfy that the jnterest in real property conveyed by the grant deed of easement, dat March 31 , 193, from SHEA HOMES LIMITED PARTNERSHIP, a California limi partnership to the City of Carlsbad, a political corporation andlor governmental agency, is her6 accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant authority conferred by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, 2 the grantee consents to recordation thereof by its duly authorized officer. DATED: April 12, 1999 KAREN R. KUNDTZ, AssistXt Secretary CMWD 82-306 " .'.1-1/03/97 ,. I 'l_l_11I11 0 -154 \ A \ Q E ro I< 1 \ ',,C!PALWAXRDI,!~ CARLSBAD . \ "_. ,. F Ll t" .r .'' \ ! .t I: <, 1. ti i. , j '1 . ._. , ;. * ~ 1 ' 2 h? , T .A-- Ty ' e 7512 0 CERTIFICATE OF CORPORATE SECRETARY OF J. F. SHEA CO., INC. October 19,1998 I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a corporation created an existing under the laws of the State of Nevada, do hereby certify and declare that th resolution set forth below is a full, true and correct copy of the resolution duly passel and adopted by the Board of Directors of said Corporation at a meeting held 01 October 19, 1998. RESOLVED, that any one of the following named officers of this Corporation: John F. Shea, President; Edmund H. Shea, Vice President; and Peter 0. Shea, Vice President; or any other person or persons designated in writing by any one of said officers, or any two of the individuals named below, are hereby authorized and empowered for and on behalf of this Corporation, on its own behalf or acting as general partner of Shea Homes Limited Partnership, a California limited . partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents, to execute any documents required to borrow funds from any lender to be secured by real or personal property owned by this Corporation, to execute agreements to purchase, escrow instructions, and any related documents in connection with the sale and conveyance of real property developed and sold by this Corporation on its own behalf, or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, or any other real property owned by this Corporation, and to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of this Corporation on its own behalf and doing business as Shea Homes, or acting as general partner on behalf of Shea Homes Limited Partnership, a California limited partnership: *John F. Shea, Director *Edmund H. Shea, Jr., Director *Peter 0. Shea, Director Roy W. Humphreys, President Garth Wieger, Executive Vice President and Chief Operating Officer Mark Brock, Vice President S. Reid Gustafson, Vice President Ron Lakey, Vice President Robert D. McLaughlin, Vice President Buddy Satterfield, Vice President Bert Selva, Vice President Les Thomas, Vice President Bruce J. Varker, Vice President *James G. Shontere, Secretary v. . 1) 7543 * . - CERTIFICATE OF CO PORATE SECRETARY 0 ., OF J. F. SHEA CO., INC. October 19, 1998 Page 2 Assistant Secretary: Joanne Anderson Joseph B. Blake Darrell E. Bolognesi Sue Brady Robert T. Bunyan Robert V. Claflin Robert L. Crandall Scott Custer Jeffrey H. Donelson Jeffrey C. Fosburg John Franklin Takashi Fujii Thorn Gamble Karyl Gately Shirley V. Grirnm Richard Gustafson Jeffrey G. Hansen Carly Harlacher Charla L. Hauser Dale Holbrook N. Kelly House Cathy Huff lorn Jones Jeffrey F. Kappes Teresa G. Kershisnik John Kilrow Debra L’ltalien Chester T. Latcham John F. Lockett David A. Lopez Eric Lunde Joyce Manigold Layne Marceau Jim Massey H. James Matthews Ron Metzler Pat Nobriga Brad Olsen Steve Orrniston Kevin Peters Ken Petersen Robb Pigg William J. Pisetsky Wesley D. Popplewell 4, e 0. ' CERTIFICATE OF C @? PORATE SECRETARY 0 .I j _. OF J. F. SHEA CO., INC. October 19, 1998 Page 3 7544 Assistant Secretary (continued): Jerry T. Poston Clifton B. Roberts Tim Roberts Cynthia Roush Mark Rowson James L. Ruzicka Ten Shusterman Eddy Skees Larry Teague Karen Tce Alan Toffoli Linda C. Tong Michael J. Tracy Michael E. Turner Ralph Walker Michael F. Wintemute *Board of Directors NOTE, that the above list is the result of the addition of Shirley V. Grimm and the deletion of Fred Hermann, Lori Reiland and Norman A. Williams. RESOLVED FURTHER, that either the President, Vice President or Assistant Secretary of Shea Homes, Inc. is hereby authorized to execute and file on behalf of this Corporation applications with the office of the California Real Estate Commissioner, or the Colorado Real Estate Commissioner, for final Subdivision Reports, or any similar document required or advisable with respect to all or any portion of any real property which is owned by this corporation. In testimony whereof, I have hereunto set my hand and the Corporate seal this 19th d: of October 1998. J. F. SHEA CO., INC. Ja&s G. Shontere Secretary