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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 i!!! CI I I Lll $i I" I I I I I I I 2312 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated November 25 , 19%& from PALOMAR CREST LLC. a California limited liabilitv comDany to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED:mry 19. 1999 1 AMHA L. @~E~IKR$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 I I I I I JI I I -4- I I I 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