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Home My WebLink About; Spieker Properties, LP; 1998-0462485; Easement..I 5' RECORDING REQUESTED BY ' . Spieker Properties, L.P. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department Carlsbad, California 92008 5950 El Camino Real MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the 1 ,/ District (Gov. Code [6103].) Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 211-100-03.05 Documentary transfer tax is $o.oO Project No. & Name 98-201, Lots 11 & 14. Carlsbad ( ) computed on full value of property conveyed, or Ranch. SDieker Propertv ( ) 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. - {ph WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT SPIEKER PROPERTIES, L.P., a California limited partnership 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. . . .. .. . 898 . natural and other forms of damage including, but not limited 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 19- GRANTOR SPIEKER PROPERTIES, L.P., a California limited partnership (name of grantor) (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.) (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. BALLSENERAL COUNSEL . By: L JANgMOBRLDI. Qept~Q General Counsel CMWD 98-201 10/20/97 Rev. 2 . . .. ,, . 899 STATE OF CALIFORNIA 1 COUNTY OF ,#,in n 16x0 personally appeared fl i". ,T. &%&tt ( NAME(S) OF SIGNER(S) 6ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personjdwhose name$xJ-is/aca-subscribed to the within instrument and acknowledged to me that helskeWkey executed the same in hislkedtkeirsuthorized capacity(ii, and that by hisUnrlthetrsignaturw on the instrument the personp), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY (This area for official notary seal.) itle or Type of Document CMWD 98-201 06/14/95 Rev. 900 EXHIBIT “A” WATER EASEMENT BEING A PORTION OF LOTS 11 AND 14 ACCORDING TO MAP THEREOF NO. 13408 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 11, THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 22’29’12” EAST 33.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 67’30’48’’ EAST 188.96 FEET; THENCE NORTH 22’29’12” WEST 9.00 FEET; THENCE NORTH 67’30’48” EAST 20.00 FEET; THENCE SOUTH 22’29’12” EAST 29.00 FEET; THENCE SOUTH 67’30’48” WEST 10.51 FEET; THENCE SOUTH 22’29’12” EAST 78.52 FEET; THENCE SOUTH 45”00’41” EAST 74.05 FEET; THENCE NORTH 44’59’19” EAST 9.50 FEET; THENCE SOUTH 45”00’41” EAST 20.00 FEET; THENCE SOUTH 44’59’19’’ WEST 9.50 FEET; THENCE SOUTH 45”00’41” EAST 118.05 FEET; THENCE NORTH 44”59’19” EAST 9.50 FEET; THENCE SOUTH 45”00’41” EAST 20.00 FEET; THENCE SOUTH 44”59’19” WEST 9.50 FEET; THENCE SOUTH 45’00’41’’ EAST 42.85 FEET TO A POINT WHICH LIES ON THE NORTHERLY LINE OF SAID LOT 14, SAID POINT LIES DISTANT THEREON 303.77 FEET FROM THE WESTERLY TERMINUS THEREOF; THENCE CONTINUING SOUTH 45”00’41” EAST 6.28 FEET; THENCE SOUTH OO”O2’21” WEST 363.28 FEET; THENCE NORTH 89”57’43” WEST 98.62 FEET; THENCE SOUTH 00°02’17” WEST 20.13 FEET; THENCE SOUTH 67’30’48’’ WEST 68.20 FEET TO THE WESTERLY LINE OF SAID LOT 14; THENCE ALONG SAID LINE NORTH 22’29’12” WEST 20.00 FEET TO A POINT WHICH LIES DISTANT THEREON 302.17 FEET FROM THE NORTHWEST CORNER OF SAID LOT 14; THENCE LEAVING SAID WESTERLY LINE NORTH 67’30’48’’ EAST 54.84 FEET; THENCE NORTH OO”O2’17” EAST 26.77 FEET; THENCE SOUTH 89”57’43” EAST 82.26 FEET; THENCE NORTH OO”O2’06” EAST 9.82 FEET; THENCE SOUTH 89”57’39” EAST 16.37 FEET; THENCE NORTH OO”02’21” EAST 325.17 FEET; THENCE NORTH 45’00’41’’ WEST 6.28 FEET TO A POINT WHICH LIES ON THE SOUTHERLY LINE OF SAID LOT 11, SAID POINT LIES DISTANT THEREON 282.12 FEET FROM THE WESTERLY TERMINUS THEREOF; THENCE CONTINUING NORTH 45”00’41” WEST 270.64 FEET; THENCE NORTH 22’29’12’’ WEST 82.50 FEET; THENCE SOUTH 67’30’48” WEST 178.44 FEET TO A POINT WHICH LIES ON THE WESTERLY LINE OF SAID LOT 11; THENCE ALONG SAID LINE NORTH 22”29’12” WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.522 ACRE MORE OR LESS. WSON, RCE 30836 CMWD 98-201 ION EXPIRES 3-3 1-20 342\wU-lcg.doc 13408 14 c) 903 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated June 24 , I@&, from SPIEKER PROPERTIES. L.P.. a California limited DartnerShiD 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. CMWD 98-201 11/03/97 Rev. 1: .. 904 CERTIFICATE OF AUTHORITY I hereby certify that I am the Assistant Secretary and Senior Vice President of Spieker Properties, Inc., a Maryland corporation (the “Company”), which is the sole general partner of Spieker Properties, L.P., a California limited partnership (the “Partnership”). I Mer certify that Mitch J. Ritschel is a Vice President of the Company and as such is authorized to execute and deliver on behalf of the Company, as general partner of the Partnership, such assumptions of obligations under contracts and leases as are necessary or appropriate in the course of business of the Partnership. IN WITNESS WHEREOF, the undersigned has duly executed this Certificate on this 22”d day of June, 1998. Stuart A. Rothstein Assistant Secretary and Senior Vice President