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Home My WebLink About1989-03-14; City Council; 9912; ACCEPTANCE OF A GRANT DEED FOR WATER MAIN EASEMENT PURPOSES LOT 21 OF CARLSBAD OAKSrk b Adopt Resolution No. 89-76 accepting a Grant Deed for water main easc ITEM EXPLANATION: As a condition of approval of Planned Industrial Permit (PIP) 88-2, the is required to offer for dedication a water main easement within Lot 21 FISCAL IMPACT: Requiring dedications as a condition of development will save the City exp in the future right-of-way acquisitions. 1. Location Map. 2. Grant Deed from St. Andrews Investments, dated December 15, 1988. 3. Subordination Agreement from NuWest Commerci a1 Development Corpora 4. Subordination Agreement from Sanwa Bank California. 5. Resolution No. 84-76 purposes. accepting a Grant Deed for water main eas Q htia P= Q B 3 .. z 0 5 6 a z s 0 0 PROJECT SITE PROJECT SITE RECORDING REQUESTED tjY City Clerk e - City of Carlsbad AND WHEN RECORDED MAIL TO CITY OF CARLSBAD Carlsbad, California 92008 r1200 Elm Avenue 1 Name Street Address --+ C". p City & 4-QC S. Ci- ZIvd., ::266 State L w- P- - L, "U. _I MAfL TAX STATEMENTS TO r 1 Name - I Street ', CITY OF CARLSBAD Address 1200 Elm Avenue City & Carlsbad, California 92008 J State L 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE < PIP 88-2 The undersigned grantor(s) declare(s): Ji t Documentary transfer tax is #, '1 QMt- ' . APN 209-081-2 THIS FORM FURNISHED BY TlCOR TITLE INSURERS TO 1925 CA (2-83) ( ) computed on full value of property conveyed, or ( ) 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, receipt of which is hereby acknowledged, a XXXTiXWM General partnership organized under the laws of the State of California hereby GRANTS to the City of Carlsbad St. Andrews Investments the following described real property in the County of San Diego , Srate of California. City of Carlsbad As shown on attached exhibit "A". to clarity only. Exhibit I'B" is attached as an aid St. Andrews Investments, a !%ne.: Dated: 1-5245kB I I BY: The Laws Company, a Californ -and Secretary STATE OF CALIFORNIA i Q .- 2 2 ,D 5 a o c t f } ss. COUNNOF Los Angeles On this1&h..- day of 2.x-emb-e-E , 19 -88, before me, the undersigned. a Notary Public in and for said county and state personally appeared ?D.ARRY.L--L .-.LAw.S.k;S(.-- personally known to me ~~~~9WW~~~~~~~~~~~~-~ to be the ...- President, and S ecr-e t ary ~ ~~-~~~~x~~~~~~~~x~~~~~~~ ~~~~~~P~~~~~XX.X~~~~~of.--THE~~.LAW S ... COMPANY ....- .-__..--. the corporate that executed the within instrument and known to me (~~~~~&~GC'EXKE#?E~CEX& ~&tm@xqce&~x~ to be the persons who executed the within instrument on behalf of said corporation, . said corporation being known to me to be one of the partners of ..ST ..... ANDREWS ... INVESTMENTS-_- ___ __ __________. ____ .---.-..-- __ --.---..--...------- . the partnership that executed thewithin instrument, SUITE 100 . RANCHO SANTA FE ROA WATER EASEMENT Being a portion of Lot 21 of Carlsbad Tract No. 74-21, in t City of Carlsbad, County of San Diego, State of Californi according to the Map thereof No. 10372, filed in the Office the County Recorder of San Diego County, said portion mo particularly described as follows: Beginning at the Southwest corner of said Lot 21; thence Nor 4'57'57' West along the Westerly line of said Lot 21 and t Easterly right-of-way line of Loker Avenue West 32.13 feet to t TRUE POINT OF BEGINNING: thence continuing North 4"57'57" We along said Westerly line and said right-of-way line 15.06 fee thence South 89"5114011 East 13.97 feet: thence North 0'08'2 East 146.00 feet; thence South 89"5114011 East 23.00 feet: then South 0°08'2011 West 15.00 feet; thence North 89"5l14O1I West 8. feet: thence South 0"0812011 West 131.00 feet; thence Sou 89°51'4011 East 120.10; thence North 0°0812011 East 16.00 fee feet; thence South 0°0812011 West 20.00 feet: thence Sou 89"5114011 East 144.00 feet: thence North 0°0812011 East 342. feet: thence North 89°5114011 West 67.50 feet; thence Sou O"08'20' West 44.00 feet; thence North 89"5114011 West 15.00 fee thence North 0"0812011 East 44.00 feet; thence North 89"51'4 West 72.50 feet; thence South 0"0812011 West 17.00 feet: then North 89"51'40f1 West 15.00 feet: thence North 0"0812011 East 17. feet; thence North 89"5l14Ot1 West 50.00 feet; thence SOL 0°08'2011 West 60.00 feet; thence North 89"5114011 West 15.00 fee thence North 0"0812011 East 60.00 feet; thence North 89"51'4 West 67.50 feet; thence South 0°08120' West 17.00 feet; ther North 89"5114011 West 15.00 feet; thence North Oo08'2O1' East 17. feet; thence North 89"5l14O1I West 65.00 feet: thence Sou 0"0812011 West 60.00 feet: thence North 89"5114011 West 15.00 fee thence North Oo08'2O1 East 60.00 feet; thence North 89"51'4 West 5.50 feet; thence South 29"4O151I1 West 32.00 feet: ther North 60"1910911 West 20.50 feet; thence South 29'40'51'' WE 68.94 feet; thence North 60"1910911 West 29.94 feet, to t Westerly line of said Lot 21 and said easterly right-of-way li of Loker Avenue West, said point also being on the arc of 464.C EXHIBIT "A" + ENGl NEERl NG COMPANY 7 ~AL"N~'IN~~.L~~~~G~L"RT~S 365 so. RANCHO SANTA FE ROAD SUITE 100 SAN MARCOS, CALIFORNIA 92069 619/744-4800 FORM 468 DAWCO PRESS JOB NO. LEGAL DESCRIPTION FOR- BY DATE JC 10512-J WINGER DEVELOPMENT COMPANY, LOT 21 CHK'D. TH 10-12-8f foot radius curve concave Southeasterly, to which a radial li bears North 61"1414311 West; thence Northeasterly along the arc said curve and said Westerly line through a central angle 1"51108'1, a distance of 15.00 feet; thence leaving said Wester line South 60"191091 East 14.94 feet; thence North 29"40'5111 Ea 83.07 feet to the Northerly line of said Lot 21; thence alo said Northerly line South 89°5114011 East 450.30 feet; then leaving said Northerly line South 0"0812011 West 223.00 fee thence South 89"5l14Ol1 East 8.00 feet; thence South 0"08'201 We 15.00 feet; thence North 89"51'40t1 West 8.00 feet; thence Sou 0"08'2011 West 166.00 feet to the Southerly line of said Lot 2 thence along said Southerly line North 89"5l14Ol1 West 15.00 fee thence leaving said Southerly line North 0°0812011 East 32. feet; thence North 89"51'4011 West 146.50 feet; thence Sou 0"0812011 West 15.00 feet; thence North 89"511401 West 15.00 fee thence North 0"08'2011 East 15.00 feet; thence North 89"5114 West 138.50 feet; thence South 0"0812011 West 8.00 feet; then North 89°5114011 West 15.00 feet; thence North 0"081201 East 8. feet; thence North 89"51140' West 76.00 feet; thence Sou 0°081201 West 15.00 feet; thence North 89"5l14O1l West 15.00 fee thence North 0°0812011 East 15.00 feet; thence North 89"5114 West 142.76 feet to the TRUE POINT OF BEGINNING. Said easement containing 0.68 acres, more or less. EXHIBIT "A" DESCRIPTION REVISIONS COMPANY BY DATE TITLE CO. REFERENCE ORDERNO. DATE e 0 LOT 20 rn'5iW"nf 450 3Ul c,-r 7LJ-21 I LOT 21 *- JbjA? .b1g, 10.372 ,~N&9YlWW Am' c_ --- NU9 *5iW"W 14k176' EX H I B I T 'I B" SHEET I OF 2 C.M.W.D 88 - C Z RICK ENGINEERING corn CIVIL ENGINEERS : PLANNING CONSULTANTS : 5620 FRIARS ROAD SAN DIEGO CALIFORNIA 921 IO (6 3088 PI0 PIC0 DRIVE CARLSBAO CALIFORNIA 92008 [t '2 365 S RANCHO SANTA FE RD SAN MARCOS CA 92069 PLAT TO ILLUSTRATE LEGAL DESCRlPTlON OF WATER EASEMENT PROJECT NUMBER' 10512 SCALE: I" = 40' I DATE: 10-18 c e LoT 20 NYY LOTL/N€--, --+- N&b.5//40ffN 45%Z?NJ -- c_-r -/Ai - 21 h!lAP blo, jCl372 I - ,I . EXHIBIT IIB" CIVIL ENGINEERS : PLANNING CONSULTANTS : 5620 FRIARS ROAD SAN DIEGO. CALIFORNIA 921 10 (6 3088 PI0 PIC0 DRIVE CARLSBAD CALIFORNIA 92008 (I PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF WATER EASEMENT e 0 , CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated December 15, 1988 from to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsba California pursuant to resolution No. 89-76 , adopted on March 14, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. St. Andrews Investments ...................................... DATED: March 15, 1988 BY: l?/&Zt& R R& ALETHA L. RAUTENKRANZ, Citl;)Cle c, e RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1 ; Space above this line for Recorder's use. SUBORDINATION AGREEMENT NOT ICE : THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 7 day of JdNU&5j 193 by St. Andrew: Investments, a California General Partnership owner of the land hereinaftei described and hereinafter referred to as "Owner," and Nuwest Commercia' Development Corporation, present owner and holder of the deed of trust and no' hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, St. Andrews Investments did execute a deed of trust, date1 /tbd 13- 19 88 , to First American Title Insurance Corporation a trustee, covering Lot 21 of Carlsbad Oaks East, CT 74-21, to secure a note i the sum of six hundred six thousand dollars ($606,000.00) dated November 15 1988, in favor of Nuwest Commerical Development Corporation recorded Novembe 17, 1988, as File No. 88-590969 of Official Records of said county; and / WHEREAS, Owner has executed, or is about to execute, as grantor, a gran of Easement dated December 15, 1988, in favor of the City of Carlsbad as grante herein referred to as ''Easement Grantee," creating an Easement more particul arl described in Exhibits 'A' and 'B" attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided th ?fi 3.3 e 0 grant of Easement is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and providec that beneficiary will specifically and unconditionally subordinate the 1 ien or charge of the deed of trust above mentioned to the lien or charge of the Easement created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing that the grant 01 Easement shall, when recorded, constitute a charge upon said land which i: unconditionally prior and superior to the lien or charge of the deed of trusl above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to tht parties hereto and other valuable consideration, the receipt and sufficiency 01 which consideration is hereby acknowledged, and in order to induce Easemenl Grantee to accept said Easement above referred to, it is hereby declared, under. stood and agreed as follows: 1. That said Easement in favor of Easement Grantee shal' unconditionally be and remain at all times a charge on the property thereii described, prior and superior to the lien or charge of the deed of trust abovc mentioned. 2. That Easement Grantee would not accept said Easement above describe( without this subordination agreement. 3. That this agreement shall be the whole and only agreement wit regard to the subordination of the lien or charge of the deed of trust abov mentioned to the Easement in favor of Easement Grantee above referred to an shall supersede and cancel, but only insofar as would affect the priorit between the deed of trust and Easement hereinbefore specifically described, an prior agreement as to such subordination including, but not limited, thos - 0 0 provisions, if any, contained in the deed of trust above mentioned, which provide fGi* the subordination of the 1 ien or charge thereof to another interest f in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of Easement in favor of thc Easement Grantee. 2. He intentionally and unconditionally waives, re1 inquishes and subor- dinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliancc upon, and in consideration of, this waiver, re1 inquishment and subordination of the grant of Easement is being executed and delivered, the Easement is bein: created, and that specific monetary and other obligations are being and will bc entered into by the Easement Grantee, other lenders and title insurancc companies which would not be made or entered into but for said reliance upon thc waiver, relinquishment and subordination; and 3. An endorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subor- dinated to the charge of the Easement in favor of Easement Grantee above referred to . BENEFICIARY -_ . . &i?Jq /*p. OWNER w d- <+ , ,/ y/ e7 *" ;'/; f*d & // 2- d* /- IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF T THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. SUBORDINATION AGREEMENT, ion by DEVELOPER and SURETY must bc attached.) , personally known to me= t frlxbw%s~- . xm&amyxxidmxx to be the person, whose name iS subscribed to the within instrument and ac owledged that he exe- cuted the same. WITNESS my hand a I U < fficial seal. Karen E. Pryor de. i Signature x (This area for official notarial seal) 0 0 RECURDIWG REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 Space above this line for Recorder's use. SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 9 day of IW - 19q by St. Andrew: Investments, a California General Partnership owner of the land hereinaftei described and hereinafter referred to as "Owner," and Sanwa Bank California, i California Corporation, present owner and holder of the deed of trust and no' hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, St. Andrews Investments did execute a deed of trust, date( 19%%, to First Bancorp, a California Corporation as trustee covering Lot 21 of Carlsbad Oaks East, CT 74-21, to secure a note in the sum o nine hundred seventy thousand dollars ($970,000.00) dated October 24, 1988, i favor of Sanwa Bank California recorded November 17, 1988, as File No. 88-59096 of Official Records of said county; and OA&e* %", WHEREAS, Owner has executed, or is about to execute, as grantor, a gran of Easement dated December 15, 1988, in favor of the City of Carlsbad as grante herein referred to as ''Easement Grantee," creating an Easement more particul arl described in Exhibits 'A' and 'B" attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided th - 0 0 grant of Easement 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 1 ien or charge of the deed of trust above mentioned to the lien or charge of the Easement created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing that the grant of Easement 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 thc parties hereto and other valuable consideration, the receipt and sufficiency o which consideration is hereby acknowledged, and in order to induce Easemen. Grantee to accept said Easement above referred to, it is hereby declared, under stood and agreed as follows: 1. That said Easement in favor of Easement Grantee shal unconditionally be and remain at all times a charge on the property thereii described, prior and superior to the lien or charge of the deed of trust abovl ment i oned . 2. That Easement Grantee would not accept said Easement above describe without this subordination agreement. 3. That this agreement shall be the whole and only agreement wit regard to the subordination of the lien or charge of the deed of trust abov mentioned to the Easement in favor of Easement Grantee above referred to an shall supersede and cancel, but only insofar as would affect the priorit between the deed of trust and Easement hereinbefore specifically described, ar prior agreement as to such subordination including, but not limited, tho5 0 0 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. He consents to and approved the grant of Easement in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, re1 inquishes and subor- dinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of Easement is being executed and delivered, the Easement is 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 waiver, re1 inquishment and subordination; and 3. An endorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subor- dinated to the charge of the Easement in favor of Easement Grantee above referred to . BEN E F I C I ARY OWNER a d. & /- 9- c THE EXECUTION OF TH SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. ion by DEVELOPER and SURETY must be attached. ) , personally known to me €W I W i $E%W%&~WElfm8~ to be 3 the person, whose namg is subscribed to the within instrument and ackn wledged that he exe- i WITNESS cuted the&;% my hand and ficial seal. Signature Karen E. Pryor KAREN E. PRYOR Notzry Public-California LOS ANGELES COUNTY (This area for official notarial seal) * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 89-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA $ ACGEPTI NG A GRANT DEED 8 WHEREAS, St Andrews Investments a general partnership, has sub1 Grant Deed conveying an easement to the City of Carlsbad for water main over a portion of Lot 21, Carlsbad Tract 74-21; and WHEREAS, the City Council of the City of Carlsbad has determined in the public interest to accept said Deed; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. That the above recitation’s are true and correct. 2. That the Grant Deed from St. Andrews Investments dated Dece 1988, conveying an easement for water main purposes over a portion of Carlsbad Tract 74-21, to the City of Carlsbad which is on file with Clerk and is incorporated herein by reference, is accepted. 3. That the Subordination Agreement from NuWest Commercial Dev Corporation, dated January 9, 1989 approving an easement for waterline over a portion of Lots 21 of CT 74-21 and subordinating the lien of the trust to the easement is on file with the City Clerk and is incorporatc by reference, is accepted. 4. That the Subordination Agreement from Sanwa Bank Californ January 9, 1989 approving an easement for waterline purposes over a PO Lot 21 of CT 74-21 and subordinating the lien of the deed of trust easement is on file with the City Clerk and is incorporated herein by re is accepted. /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 5. That the City Clerk is authorized to cause the original Dee recorded in the Office of the County Recorder of San Diego County, S California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlst Council held on the 14th day of March , 1988 by the following 1 wit: AYES: Council Members Lewis, Pettine and Larson NOES: None ABSENT: Council Members and Mamaux ATTEST: ALWR AuiNK (SEAL) 0 LII~ ur LMKL~O~ Inter-Office Correspondence e C t : t myneer/ty TTn I I DATE: fikz3/939 I I I I FROM: &2 &&rfih SUBJECT: Gmfl? dCCd gp mQAFL'e @UJ#&df I AGt: , LfleAed p4ckOge VGw,ded Arp*f- Qc= 75& / Cyr4 fa /do pdpefd df #e LAWS fa* LP.dpmb / a?&< c%Y * 75r //7 4 rm6 f' /C3/7Q/ pu.-p.Ses 74 eirp/o;c, on y-,f &eJ 4 &3 AIsc,,eJ. sa = Reply Requested: /b/o Signature: Attachments: 2 LY: / I Signature: Date: c * c e- ", FIRST ACTIONS BY SOLE DIRECTOR OF THE LAWS COMPANY9 LTD. -6 . A California Corporation August 32, 1982 The undersigned, being the sole director of THE LAWS COMPANY, LTD., 8 California corporation, clcting pursuant to the authority of Section 307 of the California General Corporation Law, hereby takas the following first nations, effective on the above date: , ARTICLES OF INCORPORA'JlON The Articles of Incorporation were filed with the Secretary 'af State on August 31, 1982, and the corporate number is 1121086, BYLAWS The Bylaws of THE LAWS COMPANY, LTD., are hereby adopted for the regulation af the affairs of the corporation, The secretary of the corporation is authorized and directed to execute a Certificate of the adoption of those Bylaws, to hsert the Bylaws, BS certified, in the minute book, and to cause ri copy of the Bylaws, similarly certified, ZLS they may be amended from time to time, to be kept at the principal office of the corporation in accordance with Section 213 of the California Corporations Cod% 6 ELECTION OF OFFICERS - The following: persons we elected to the offices indicated and the fallowing resolution is adopted regarding the chief $inancia1 Qfficert President: Darryl L. Laws Secretary: Darryl L. Laws Chief Financial Officer: Darryl I,, Laws RESOLVED, that the chief financial of fiaer of this corporation is, for purposes of giving any reports or executing certificates OP other documents requiring the signature of the "treasurer," deemed to be also the treasurer of this corporation. a I .. e a ci 1 I' CORPORATE S,EhL A form of corporate seal is adopted pursuant to the following resolutions! RESOLVED, that a corporate seal is adopted in the form of two concentric circlefi, with the name of the corporation between the two circles and the date and state of inoorporatfon within the inner circle RESOLVED, that the secretary is directed to impress the corporate seal to these minutes in the margin opposite this resolution, &HARE CERTIFICATE A form of stock certificate is approved for use by the corporation, and the sH?r@taPy IS directed to ilY4W~ a sample copy of it in the minute book immediately following these minutes, ACCOUNTING YEAR The corporationh fiscal year fs established to end an November 30 each yeat: BANK ACCOUNTS To provide for a depositary for the funds of the corporation and to authorize certain officers to deal with the funds, the following resolutions me adopted: RESOLVED, that this corporation open a checking account and savings account with First Interstate Bank, RESOLVED, that the standard corporate resolutions required by the above &ank for opening such wxount, showing the persons authorized to withdraw funds and endorse instruments for deposit, are adopted as the resolutions of the board of directors; the secretary is authorized to execute the certificate a€ secretary included on the bank's 8tandard form, and is directed to make the resolutions a part of the corporate records by inserting a copy thereof in the mfnute book immediately following these minutes, INCORPORATION EXPENSES The officers of the corporation are authorized to pay the expenses of incorporation and organization of the corporation, and to reimburse persons advancing funds for this purpose. h -2- rr a *. e 3 PRINCIPAL OFFICE LOCATION The location of the principal office of the corporatian for transaction of the corporation’s business is 935 Genter Street, Suite 3K, Le Jolla, California 92037. TRAHS.FER OF CASH AND ISSUANCE OF SECURITIES The following resolutions are adopted to effect the transfer to the oorporatlon of cash in the amount of $1,500,00 by Darryl L, Laws. RESOLVED, that the officers of the corporation are authorized to receive, the cash sum of $1,500.00 from Darryl L, Laws. RESOLVED, that BS consideration for this transfer, fifteen (15) shares of common stack at the value of $lOO.Oo per share, shall be issued to Darryl L. Law, ISSUANCE QF SHARES - CLOSE CORPORATION EXEMPTION The issuance of shares must be qualified by permit unless an exemption is available. A 1iclo6en corporation exemption has been provided for by Section 25202(h) of the California Corporations Code. In order far the issuance to qualify for this exemption, an opinion of counsel must be presented to the Commissioner of Corporations on a form provided by the CommissionePs office, In ocder to obtain such an opinion, counsel must be satisfied that certain facts are found to exist and certain conditions are imposed on the iSsU€tnCe. Accordingly, the following resolutions are adoptedt RESOLVED, that immediately after the safe and isauanae of the shares hereinafter proposed to be issued, the issuer will have onIy one class of stock outstanding, which will be awned beneficially by no more than 10 persons, and all of the certiffcates evidencing such stock will contain the legend required by Section 260.141.11 of Title 10 of the California Administrative Code, RESOLVED, that the offer and sale of this stock wiIl not be accompanied by the publication of any advertisement, no selling expenses will &a given, paid or incurred in connection therewith, and no promotional consideration will be given, paid or incurred in connection therewith. RESOLVED, that the consideration received or to be received by the issuer for the stock to be issued consisted or will CUn6ist of one of the kinds describFd in Section 25102(h) which is deecribed as follows; Cash. -3- c 0 0 t . * RESOLVED, that prior to the issuance of said shares, the secretary shall first obtain &n opinion of counsel that the issuance is qualified for the exemption provided for by Section 25102(h) and shell determine that the opinion has been exeouted and either filed or mailed to the Commissioner's office far filing, with 8 proper affidavit of service by mail, within fO business days after receipt by the issuer of the consideration paid far the securities issued. RESOLVED, that upon receipt of the consideration described herein, if not already received, the president and secretary or assistant secretary of this corporation shall fsttue the following shares to the following ~GFBQ~S fur the consideration described herein: Name of Issueet Darryl L. Laws No. of Shares: 15 Class of Shares: Corn mon ,Considera ti on: $1,500.00 RESOLVED, that the director hereby determines that the fair value to this corporation of the consideration far which the shares ace to be issued isr $1,500.00. EMPLOYMENT AGREEMENX The following resolution is adopted regarding the employment of Darryl L. Law8 by the corporation: RESOLVED, that the president is hereby authorized to execute and deliver to Darryl L, Laws for and an behalf of the corporation, an Employment Agreement in the form attached to these minutes and incorporated by this reference, SHORT-TERM LOANS The following recitals and resolutions are adoptsd regarding the short-term capital needs of the corporatfont WHEREAS, the corporation is In need of short-term working capital; and WHEREAS, the sole director has determined that It is in the best interests of the corporation p borrow the sums necessary for short-term working capital; -4- 1 1 - e a ,1 RESOLVED, that the president is authorized and Instructed to aggregate amount not to exceed $lO,OOD,00, for the purpose of providing short-term working capital to the corporation, RESOLVED, that the funds 80 borrowed shall bear interest at the rate of 10% per annum, and shall be repayable an demand of the sole shareholder. v borrow money from the corporations' sole shareholder, in an OFFICERS' ACTIONS ON BEHALF OF CORPORATION The following resolution was adopted regarding officers' actio$s on behalf of the corporation: RESOLVED, that the officers of this corporation are, and each of them singly is, hereby authorized and directed to do or cause to be done Prom time to time, in the name and on behalf of the corporation, any and all acts or things as may be shown by the officer's execution or performance thereof to be in the officer's judgment necessary or desirable in connection with the foregoing resolutions. In this resolution, the singular is intended to include the plural, OTHER FILINGS The following re8olutfon was adopted regarding other filings for the cor p or B, t i on: RESOLVED, that each officer of this corporation is authorized and directed to make such filings and applications including, without limitation, the statement required by Section 1502 d the C&lifawda Qenetal Corporation Law, to execute and deliver such documents and instruments and to do the acts and things the officer deems necessary to obtain the licenses, authorizations and permits necessary or desirable for the corpocation's business, to fulfill the legal requirements applicable to the corporation or Its business or to complete the organization of the corporation, ATTEST1 a 2 Darryl Lflawa, Secretary -5- I) “0 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 Office of the City Engineer @itg of @arlst.mil February 1, 1989 Jo Ann Shannon Bed ford Properties, Inc. 2011 Palomar Airport Road, Ste. 108 Carl sbad, CA 92009 CARLSBAD TRACT 74-21 (WEST HALF) Ms. Shannon: At an adjourned regular meeting held on November 22, 1988, the City Counl Carlsbad, California accepted public improvements with Tract No. 74-2 authorized the City Clerk to release the following bonds related to I improvements: Faithful Performance Bonds: 574 11 84 $ 609,405.00 574 11 86 $1,009,953.00 574 11 87 $1,028,314.00 574 11 88 $ 251,305.00 574 11 89 $ 88,425.00 574 11 92 $ 52,900.00 Labor and Material Bonds: 574 11 84 $ 304,703.00 574 11 86 $ 504i977.00 574 11 87 $ 514.517.00 574 11 88 $ 125,623.00 574 11 89 $. 44,213.00 574 11 92 $ 26,450.00 Please contact me at 438-1161 or Karen Kundtz (City Clerk‘s Office) at 434 if you need additional information. Thank you, y”hAA$ YVONNE MERRITT Engineering Technician YM: rp c: Ruth a Miner - Bedford Properties Karen Kundtz - City Clerk’s Office 1: e @. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk Mit~ of Marlsbab TE (61: January 24, 1989 Bedford Properties, Inc. 2011 Palomar Airport Rd. Carlsbad, CA 92008 4 / Attn: Mary Jane Jagodzinski / Re: Bond Release - CT 74-21,'Carlsbad Airport Business Center The Notice of Completion for the above referenced subdivision has recorded. Therefore, we are releasing seventy five percent of the Faithful Performance Bonds for the project as follows: 1. Faithful Performance Bond No. 574 11 84 (National Fire Ins. Co. $457,053.75 is hereby released. 2. Faithful Performance Bond No. 574 11 86 'I 11 II I1 I1 $757,464.75 is hereby released. 3. Faithful Performance Bond No. 574 11 87 " 11 11 11 11 $771,235.50 is hereby released. 4. Faithful Performance Bond No. 574 11 88 " 11 I1 11 11 $188,478.75 is hereby released. 5, Faithful Performance Bond No. 574 11 89 'I 1) 11 11 I1 $66,318.75 is hereby released. 6. Faithful Performance Bond No. 574 11 92 I' 11 I1 ll 11 $39,675.00 is hereby released. We are required to retain the remaining 25% of each bond for a peric one year. At that time, if no claims have been filed, the warrantic will be released. The Labor & Materials Bonds Nos. 574 11 84, 574 11 86, 574 11 87, 574 11 88, 574 11 89 and 574 11 92 will be eligible for release six months from the date of recordation of the Notice of Completion. .‘ 0 e r Bedford Properties, Inc. Attn: Mary Jane Jagodzinski January 24, 1989 Page 2 I have enclosed a copy of the recorded Notice of Completion for your records. If you have any questions, don’t hesitate to contact us. $* Deputy EN R, C K ty NDT Clerk < Enc . - I I. .? @ INTER-OFFICE CORRESFDN~CE - TO : Ci t-y C1 epk FROM: Enqi nseri mg SUBJECT: (Jiaf4&$&J (J%k& /' 7 (i -,a 1 c.\ > {, 4 OFFICE: f~~~pfi~~ ,?<ik( & DATE : MESSAGE: Please release the following BO~~S ow file in yaesg- odPice far su Bond No. hQUll% Date 1 division: EQfec vi ve Faithful Performance ~ond[l)-- 574 r'l 8.t. $60 ,P $tSa, oc) /0/7/%$ ' 0. /- - , I"d ,,,AJCt. \b I[ ab / I 00~ll~53.0d 4 jl,i/$/%(? /If .: q?d& J . ii $5 2g I 38.2, /- so &q%- &3jr V;s-p$ // 47 / rJz$ 3,.+, ob /Oi%kh d i df t5.c -"q // 3% fl yas.e>p [ &P4 .,! 573 /& $2 52, qoo ,OD 1 L 8)' &iq+ 11 I -L 2 I' I r i a t *- ~~~~~~ ~ ~ -~ '"75% of Bond to be released after recordation of Notice of Completion. 25% of Bond to be retzined for one year after recordation of Notice of Cor (Warranty 6ond). Final inspection required for Bond release- -fr) ~f*~"-f~&j"(j-y~?" sf r,( Please mail a copy of t52 letter of release to: gd&r~pfc~-,Jb& Zqc, r *i f#h&?': @( i p&7y@f- jfi*pq+ &L f#/q J'ltr.2, &i Ccf-abLI pRii/sM ("g d ?&pa f \i 8 I I/ I Attachments : 5 Reply Requested: &D Signature: w4 e REPLY: .. DATE : SIGNBYURE: @ INTER-OFFICE CORRESPONatE * .. 3-0 : c; ty Clef% FROM: Enqi neeri nq SUBJECT: CA.([&j+&# ()[d&u C;T jq--z.// OFFICE: DATE 2 MESSAGE:. Please release the fQl1OWiYlg Bonds om file in JKI~~ office fay s1 division : Effee t-i ve Bond No. hOUilt Date I ]#.!57+ I i 8ii. $3& "jyj3.0B Labor &- Materials Bond (2)<fj1q li 86 ql$ $S~-@ ~~'.7/cdIj hi ,!5-jif. /I r7 5jy 97, s'i3 ! . k <-&? f/ $z .& &:a, 00 i c=, - lQ j7jf5- di di574 11 xg 1~5 &23, ao /L$7/85- 5 -.salt. a'! x7 qq, 1 zj 3. OQ I B t -4 I /$i (*)100~ of Bond to be retained for 6 months after recordation of pjotice of cc Please mail a copy of the letter of release to: kdh[i.~i ~~~+4j&j~~~~ A&.' - /@fix &l i P4h(y$.,q- ALf 5;+ Rd , AG &w[?&d, 1 cyi, $&@F d4.t Attachments: 'Le5 Reply Requested : h.0 Signature: 6.44 4 REPLY: .. DATE : SI GNWTURE : Llty Llerk I 1200 Elm Ave. e Carlsbad, CA 92003 V3Dd @ 6 2:$ 3,' j - i s : ?+x-:: + ~~ -tf 1 it 3 <-;?-;;-.; 4 ; ,..--r.-. -%:-*.r.:>:-iyp '5: 7 NOTICE OF COMPLETION ?!x: ..LL. ,.- -,- .-.-.a:-"' 3 . , - . i . ~ j .'" <- ?: :-. i,; 1 ti 0s .. . ", . ... ." _. ._ -.. . . .. . .:. ;* CA.: FOR PRIVATE DEVELOPMENT BE sEc -6 p?! f2: 09 ENGINEERING i ~~-~.~~. f. ,.. i ~ i -. : .. i i ;;-:;$;;DER a"- -! ., 2 .-. $7 5 f '.. ;o:::;% i,, ; -1 VI ,E { To all Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on OVWb 7 , 19Xg, the Engineel Project consisting of Carlsbad Tract 74-21, Carlsbad Airport Business Cenl Phase I on which Kaiser Development Company was the Contractor, and National I Insurance Company was the surety, was completed. CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said C on ad 362 , 19 e&, accepted the above described work completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and corm Executed on 'd)O"AL d 7 , 19a at Carlsbad, California. CITY OF CARLSBAD City Clerk I t *I , m 0 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk aitg of aar1filYall TEL (6 19) December 20, 1988 Bedford Properties, Inc. 2011 Palomar Airport Rd. Carlsbad, CA 92008 Attn: Joann Shannon Re: Bond Release - CT 74-21 Per instructions from Engineering we are hereby releasing the following bond: Subdivision Monumentation Bond No. 574 11 91 National Fire Insurance Company of Hartford $12,550 The bond is enclosed so that you may return it to your surety. gJ& eputy City Clerk Enc . cc: Yvonne, Eng. & .. f I) ENGINEERING DEPARTMENT e ,. ,. , ... , , ... . , , ~,. . . _.I . . , . , . .." . 5,) . ; , .. .. . , .' . ..) , ' SECURED AGREEMENT TRANSMITTAL l., . !* ?I. I i . ,- . . r. c, .7 ~ TO: CITY CLERK' . ., ^. .\ :- I' ,DA$E: /!-a. J. ti- , .' AUTHOR1 ZED BY~w,b%d>s( A< ?/! ,. .... r: ".. , ... . ,. FROM: ENGINEER'ING DEPARTMENT I* / PROJECT ID &ypy<zr UNIT NO. 1 PROJECT NAME & " $&?/ 4pd G&J$ The Engineering Department hereby authorizes the following Action for the below r secured agreements: u Security Reduct ion fl Warranty Re1 ease Project Completion Re1 ease /,,6 Eff. Secur. Secur. Curnt. Security Type Date Form ID NO. Amt . u Faithful Performance Security* fl Labor and Materials Security** Monumentation Security 5ay/I? ?/ Jy SZ/. 550. e fl Faithful Performance Security* u Labor and Materials Security** u" Grading and Erosion Control Security fl Other (1 ist) - c Name of Surety: Mail Copy of Release to: A Address: 2%9N PAmw- @2&bPT " ~~" d &J$Bd) @. 9ZdO8 cc: ~~~&e - &hyj. Ik For project completion release - 25% of Security to be retained for on warranty security ** For project completion release - 100% of bond to be retained for 6 months recordation of Notice of Completion Prepared by: PWZ~~M- 12 k UPON APPROVAL PROVIDE COPY TO ENGINEERING WORD PROCESSOR