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Home My WebLink AboutCT 81-10; Callaway Golf Company; 1999-0353556; Easement10960 RECLIRDING REQUESTED BY Ctllaway Golf Company AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no Air fee as it is to the benefit of the 11’ ’ District (Gov. Code [6103].) ccNA DOC # 1999-0353556 SAN DIEGO COLWTY RECORDER‘S OFFICE FFICIK RECORDS GREGORY J. SMITH, COUNTY REOORDER FEES: 0.00 E: Mi Space above this line for Recorder’s use. The undersigned grantor(s) declare@): Assessor’s Parcel No. 212-070-23-00.212-070-24-00 ( ) computed on full value of property conveyed, or Documentary transfer tax is $o.oO Project No. & Name 98-212. Callawav Golf Ball ( )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. Maintenance Facilitv. Lots 39 and 40. Carlsbad Tract 81-10, Unit 2A u\sc ILLIAM E. PLUMMkR,”District Engineer GRANT DEED OF WATER LINE EASEMENT CALLAWAY GOLF COMPANY, a California 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: 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 10/20/97 Rev. natural and bther forms of‘damage including, bQ @IGi&d 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 andlor 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 - 7* day of by , 19%. GRANTOR CALLAWAY GOLF COMPANY, a California corporation (name of grantor) By: & Executive V.P., Administration and (sign hkre) David A. Rane Planning, and Chief Financial Officer (title of signatory) By: (sign here) Steven C. McCracken Executive V.P., Licensing, Chief Legal Officer and Secretary (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, GENERAL COUNSEL By: JANE MOBALDl&&& General Counsel CMWD 98-212 10120197 Rev. 2 10962 STATE OF CALIFORNIA 1 COUNTY OF sxn OI.(C, <-I 1 1 ss. personally appeared \ NAME(S) OF SIGNER(S) h3 personally known to me - OR - qw) whose narne(s) is/aPq"ubscribed to the within instrument and acknowledged to me that he/s&$/tHw executed the same in his/h$Flthkii authorized capacity(i$b), and that by his/hk@thb signature(@ on the instrument the person(w, or the entity upon behalf of which the personhpcted, executed the instrument. WITNESS my hand and official seal. n L. fM SIGNATU@ OF NOTARY (This area for official notary seal.) CMWD 98-212 06/14/95 Rev. .. . 10963 STATE OF CALIFORNIA 1 COUNTYOF Sun QtdsO 1 ; ss ... personally appeared NAME(S) OF SIGNER@) personally known to me - dnce to be the personis) whose name(s) is/ap subscribed to the within instrument and acknowledged to me that he/st)@thgbl executed the same in his/%r/tw authorized capacity@), and that by his/l?@hk+signature(S6 on the instrument the person(%, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. u/)f SIGNATUBE OF NOTARY WITNESS my hand and official seal. u/)f A&&- (This area for official notary seal.) SIGNATUBE OF NOTARY (This area for official notary seal.) CMWD 98-212 06/14/95 Rev. 10964 WATER MAIN EASEMENT EXHIBIT ‘A’ THAT PORTION OF LOTS 39 AND 40 OF CAIUSBAD TRACT NO. 81-10, UNIT 2A CITY OF CARLSBAD, COUNTY OF SAN DJEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 11134, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3 1,1985 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 39 OF SAID MAP, SAID SOUTHWEST CORNER BEING ON THE NORTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD AS SHOWN ON SAID MAP No. 11 134; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 70’43’57” EAST 113.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 19”16’03” EAST 3.35 FEET; THENCE NORTH 21”34’55” WEST 74.82 FEET; THENCE NORTH 23”25’05” EAST 297.60 FEET; THENCE NORTH 66”34’55” WEST 10.32 FEET; THENCE NORTH 23O25’05” EAST 20.00 FEET; THENCE SOUTH 66O34’55” EAST 10.32 FEET; THENCE NORTH 23O25’05” EAST 3.54 FEET; THENCE NORTH 68”25’05” EAST 21.22 FEET; THENCE SOUTH 87’08’45’’ EAST 192.76 FEET; THENCE NORTH 02”51’15” EAST 33.27 FEET; THENCE SOUTH 70’11’22” EAST 35.45 FEET; THENCE SOUTH 02°51’15” WEST 22.93 FEET; THENCE NORTH 87’08’45” WEST 15.91 FEET; THENCE NORTH 02O51’15” EAST 11.67 FEET; THENCE SOUTH 87O08’45” EAST 20.00 FEET; THENCE SOUTH 02°51’15” WEST 11.67 FEET ; THENCE SOUTH 87O08’45” EAST 326.64 FEET; THENCE NORTH 02”54’51” EAST 22.31 FEET; THENCE NORTH 87”05’09” WEST 3.50 FEET; THENCE NORTH 02”54’51” EAST 7.50 FEET TO THE NORTHERLY BOUNDARY OF LOT 40 OF SAID MAP No. 11 134; THENCE ALONG SAID BOUNDARY SOUTH 87”05’09” EAST 18.50 FEET; THENCE SOUTH 02O54’51” WEST 29.79 FEET; THENCE SOUTH 87”08’45” EAST 58.81 FEET; THENCE SOUTH 42O08’45” EAST 48.32 FEET; THENCE SOUTH 15”02’01” EAST 292.23 FEET; THENCE SOUTH 74”57’59” WEST 120.09 FEET; THENCE SOUTH 14’54’20” EAST 46.58 FEET TO THE NORTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD AS SHOWN ON SAID MAP No. 11 134; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 75O01’02” WEST 20.00 FEET; THENCE NORTH 14’54’20” WEST 66.56 FEET; THENCE NORTH 74’57’59” EAST 120.04 FEET; THENCE NORTH 15°02’01” WEST 49.08 FEET; THENCE SOUTH 74O57.59” WEST 8.09 FEET; THENCE NORTH 15°02’01” WEST 20.00 FEET; THENCE NORTH 74“57’59” EAST 8.09 FEET; THENCE NORTH 15°02’01” WEST 198.33 FEET; THENCE NORTH 42’08’45” WEST 35.21 FEET; THENCE NORTH 87”08’45” WEST 386.17 FEET; THENCE SOUTH 02”51’15” WEST 5.00 FEET; THENCE NORTH 87”08’45” WEST 110.00 FEET; THENCE NORTH 02’51’15” EAST 5.00 FEET; THENCE NORTH 87”08’45” WEST 154.24 FEET; THENCE SOUTH 68”25’05” WEST 8.60 FEET; THENCE SOUTH 23”25’05” WEST 304.57 FEET; THENCE SOUTH 21’34’55” EAST 27.90 FEET; THENCE NORTH 68’25’05” EAST 24.56 FEET; THENCE SOUTH 70’16’23” EAST 33.82 FEET; THENCE NORTH 19O43’37” EAST 6.57 FEET; THENCE SOUTH 70O16’23” EAST 20.00 FEET; THENCE SOUTH 19‘43’37” WEST 26.57 FEET; THENCE NORTH 70’16’23” WEST 46.28 FEET; THENCE SOUTH 68”25’05” WEST 17.02 FEET; THENCE SOUTH 21’34’55’’ EAST 26.08 FEET; THENCE SOUTH 19’16’03” WEST 10.80 FEET TO THE NORTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD AS SHOWN ON SAID MAP No. 11134; THENCE ALONG SAID RIGHT-OF-WAY NORTH 70”43’57” WEST 20.00 TO THE POINT OF BEGINNING. CONTAINING 35,409 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT ‘B’ ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART THEREOF. EASEMENT PLAT - CITY OF CARLSBAD )WER PREPARED BY APPROMD BY CMWD 98-212 >ALLA WAY GOLF COMPANY 7285 RUTHERFORD ROAD 212-070-23-00 >ARLSBAD, CA 92008 ~ APN ~ ‘760) 930-8312 212-070-24-00 REG. NO. DATE Scale 1” = 700’ , 8.373 ACRES PawEaTy LINE - - - - EAYMENT UNE ” CENTERUNE OF STREET .. No. I DlRECTlON I DlSTANCE 11 IN 70’43’57” W 130.00’ SHEET 3 OF 3 1 C1 100’37’56’ /564.W’ 1 6.22 1 C2 01’00’10‘ 864.00’ 15.12 C3 04’45’38’ 864.00’ 56.67 BG4RlNGS HEREON ARE BASED ON THE CENTER LINE OF RUTHERFORD ROAD AS SHOWN ON MAP No. 1 1 134 AS NORTH 7V43.57’ EST I EASEMENT PLAT - CITY OF CARLSBAD I WNER IPREPARED BY I APPROVED BY I CMW 98-212 10969 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated Mav 7 , 19% from CALLAWAY GOLF COMPANY. a California comoration to the Carlsbad Municipal Water District, Carlsbad. California, pursuant to the Municipal Water District Act of 1911, 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: May 18. 1999 CMWD 98-212 r ALwA L. R&?&J.kANfiecretary KAREN R. KUhTZ, Assuant Secretary 11/03/97 Rev. .. 10970 CERTIFICATE OF SECRETARY I, Steven C. McCracken, Secretary of Callaway Golf Company, a California corporation (the “Company”), do hereby certify that attached hereto as Exhibit A and made a part hereof is a full, true and correct copy of resolutions of the Board of Directors of the Company which were duly adopted at a meeting of the Board of Directors of the Company held on October 15, 1997, at which meeting a majority of the Board of Directors of the Company was present and voted in favor of said resolutions. As of the date of this Certificate, said resolutions have not been altered, rescinded or revoked and are in full force and effect, and the Chief Executive Officer has delegated his authority under said resolutions to David A. Rane, Executive Vice President, Administration and Planning, and Chief Financial Officer, and Steven C. McCracken, Executive Vice President, Licensing, Chief Legal Officer and Secretary. IN WITNESS WHEREOF, I have executed this Certificate of Secretary as of this 6& day of May, 1999. seven C. McCracken Secretary h\legal\common\barry\distcsec.doc 10971 EXHIBIT A m WHEREAS in April 1997 the Board of Directors delegated certain transactional authority to the Company's Chairman and its Chief Executive Officer, and the Board now desires to amend this delegation of authority with respect to real property transactions on behalf of the Company; NOW THEREFORE BE IT RESOLVED that the Chief Executive OMicer of the Company, or if he so delegates, any other officer or employee of the Company, are, in furtherance of the duties which accompany their respective offices, authorized and empowered to incur obligations and enter into contracts on behalf of the Company with respect to real property, without the further approval of the Board of Directors, so long as (a) the real property transaction relates to the conduct of the Company's customary business operations, and (b) the person or persons approving or taking such actions comply in all material respects with applicable corporate policies and procedures, if any, as may from time to time be specified; and RESOLVED FURTHER that the officers of the Company are hereby authorized to take such other steps and perform any and all further acts which are deemed, in their discretion, to be necessary and proper to carry out the intents and purposes of the foregoing resolutions. 2