HomeMy WebLinkAbout85-401; Brookfield Broccato Inc; 1997-xxxxxxxx; EasementRECORDING REQUESTED BY
Carlsbad Municipal Water District
AND WHEN RECORDED,
PLEASE MAIL TO:
Carisbad Municipal Water District
Engineering Department
5950 El Camino Real
Carisbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) 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: ()0 City of Carlsbad . and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
Space above this line for Recorder's use.
Assessor's Parcel No. 516-451-22-00
Project No. & Name CMWD Project No. 85-401
Broccato. Carlsbad Tract 89-19. Lots S0& 51
CARLSBAD MUMCGIPAL WATER DISTRICT
GRANT DEED OF WATER LINE EASEMENT
BROOKFIELD BROCCATO INC., A CALIFORNIA CORPORATION
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of Califomia, 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
05/21/96 Rev.
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 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 sakJ 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 particulariy described in
Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof.
^^tedby.heGran.or,n.J^-dayofJi.^.
GRANTOR:
BROOKFIELD BROCCATO INC., A CALIFORNIA
CORPORATION
By:
(name of grantor)
(sign l(iefe)
E. DALE GLEED, Vice President
(title of signatory)
APPROVED AS TO FORM:
RONALD R. BALL
GENERAL COUNSEL
(sign here) o
ELIZABETH ZEPEDA. Secretary
(title of signatory)
By:
(Notarial adknowledgement of execution of GRANTOR must be attached.)
CMWD 85-401
05/21/96 Rev.
EXHIBIT "A"
(SHEET 1 OF 2)
A PORTION OF LOT 1 IN SECTION 33, TOGETHER WITH A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, ALL OF
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST
5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO
BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS
"NORTH 32*> 45' 27" WEST, 561.78 FEET" ON RECORD OF SURVEY 12541, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER;
SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SAID SECTION 33;
THENCE EASTERLY ALONG SAID NORTHERLY LINE, SOUTH 89*^ 11' 08" EAST
(SOUTH 89° 11' 06" EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN
DIEGO) 34.73 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTH 89° 11' 08"
EAST, 204.17 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 19°
08' 28" EAST, 0.42 FEET; THENCE NORTH 81° 13' 37" EAST, 28.08 FEET;
THENCE SOUTH 43° 44' 28" EAST, 145.42 FEET; THENCE SOUTH 70° 26'
47" EAST, 27.13 FEET, TO A POINT ON A NON-TANGENT 45.00 FOOT
CMWD 85-401
EXHIBIT "A"
(SHEET 2 OF 2)
RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARING
NORTH 70° 26' 47" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 26° 23' 16", AN ARC DISTANCE OF 20.72 FEET;
THENCE LEAVING SAID CURVE, NORTH 70° 26' 47" WEST, 36.57 FEET;
THENCE NORTH 43° 44' 28" WEST, 139.75 FEET; THENCE SOUTH 81° 13'
37" WEST, 21.75 FEET, TO A POINT ON A LINE WHICH IS 20.00 FEET
SOUTHERLY OF AND PARALLEL TO SAID NORTHERLY LINE OF SAID
SECTION 33; THENCE WESTERLY ALONG SAID PARALLEL LINE, NORTH
89°11'08" WEST 203.60 FEET; THENCE LEAVING SAID LINE AT RIGHT
ANGLES, NORTH 0°48'52" EAST, 20.00 FEET, TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL.
AREA = 8,049.66 SF (0.185 AC).
GEORG^O'DAY gATE
CMWD 85-401
CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated . 19 ^ ^ .
from BROOKFIELD BROCCATO. INC.. A CALIFORNIA CORPORATION
to the Carisbad
Municipal Water District, Carisbad, 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 Carisbad Municipal Water District, Carisbad,
Califomia, pursuant to authority conferred by Resolution No. 773 of the Carisbad Municipal Water District adopted on
January 28,1992, and the grantee consents to recordation thereof by its duly authorized officer.
DATED:
IKF^N^, Secretary
CMWD 85-401
06/14/95 Rev.
STATE OF CALIFORNIA
COUNTY OF California
}• SS.
On January 28, 1997 before me.
DATE
the undersigned
NAME AND TITLE OF OFFICER
personally appeared E. Dale Gleed and Elizabeth Zepeda
NAME(S) OF SIGNER(S)
D personally known to me - OR - • proved to me on the basis of satisfactory evklence to be the person(s) whose
name(s) ie/are subscribed to the within instrument and acknowledged to me that 4*e/9he/they executed the same in
*jsfl»rAheir authorized capacity(ies), and that by tws^/their 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. T.WALL V
Comm. #998745 < 1 NOTARY PUBUC-CAUFORfM i ' SanWegoCouRN J I^Oonm. Expires Jun. 27.1997
\r^K^ v>w»K^ V '
(This area for official notary seal.)
SIGNATURE OFNOTARY
Title or Type of Document.
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 85-401
06/14/95 Rev.
c.
CERTinCATE OF INCUMBENCY
OF
BROOKPIELD BROCCATO INC.,
a Califomia Corporation
I, EHzabeth Zepeda, do hereby certify that I am the duly elected, qualified and actmg
Secretary of BR(X)KFIELD BR(X:CATO INC., a Califomia corporation (the "corporation"), and
that as such, I am authorized to execute this Certificate on behalf of the Corporation, and I further
certify that:
The following persons have been duly elected to, are duly qualified for, are acting in, and
on the date hereof do hold, the offices of the Corporation set forth opposite their respective names
below:
Name Office
Stephen P. Doyle President
Sandra E. Moore Chief Financial Officer/Vice President
E. Dale Gleed Vice President
R. Casey Schnoor Vice President
Elizabeth Zepeda Secretary
William B. Seith Assistant Secretary
Michael Zessner Assistant Secretary
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this 14th day
of January, 1997.
Elizabeth Zepeda, Secretary
c
CERHHED TR!IE COPY OF CORPORATF. RR^OT TTTynH
(Brookfield Broccato Inc.)
AUTHORITY FOR RyFrTTTTON OF CONTR ArT,S
RESOLVED, that except when otherwise authorized or directed by the Board of
Directors, the Bylaws of the Corporation, or by law, the President, any Vice-
President, the Chief Financial Officer (Treasurer) and the Secretary, or any
Assistant Treasurer or aiiy Assistant Secretary of the Corporation, are authorized
officers to execute and deliver contracts, agreements, documents, certificates and
instruments of the Corporation m the ordinary course of its business which bind
the Corporation, by which the Corporation purports to act, and contracts on behalf
of the Corporation.
RESOLVED FURTHER, that no contract or obligation involving the transfer of
a substantial right m any major asset of the Corporation shall be signed without
prior approval of the Board of Directors or any committee thereof duly authorized
to give such approval.
T^is is to certify that the foregoing is a tme copy of a resolution adopted by the Board of
Directors of Brookfield Broccato Inc., a Califomia corporation, on the 4th day of March 1996
and that such resolution is still in full force and effect unamended.
In witness whereof, I have hereunto signed my name as Secretary of Brookfield Broccato Inc
this V^^day of January 1997.
[Corporate Seal]
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RECORDING REQUESTED BY
Carisbad Municipal Water District
AND WHEN RECORDED, PLEASE
MAIL TO
Carisbad Municipal Water District
5950 El Camino Real
Carisbad, Califomia 92008
Please record the document at no fee
as it is to the benefit of the District
(Gov. Code [6103].)
A.P.N.: 516-451-22-00
Space above this line for Recorder's use.
Project No. & Name: CMWD Proiect No. 85-401
Broccato. Carlsbad Tract 89-19.
Lots 50 & 51
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
BROCCATO, CARLSBAD TRACT 89-19, LOTS 49 & 51
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 ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this Jl^"^' day of ZTflMUiqRV . 19 ^1 . by_
BROOKFIELD BROCCATO. INC., A CALIFORNIA CORPORATION
(Tmstor/Owner)
hereinafter referred to as "Owner," owner of the land and
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association
(Beneficiary)
1 05/21/96 Rev.
hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, BROOKFIELD BROCCATO INC.. A CALIFORNIA CORPORATION did execute
(Trustor)
a deed of trust, dated Dec ember 17 19 96 to AMERICAN SECURITIES COMPANY. A CORPORATION
(Date) (Trtjstee)
as trustee, covering A portion of Lot 1 in Section 33. together with a portion of the Southwest Quarter of the
Southwest Quarter of Section 28, ail of Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to official plat thereof, more particularly described
in Exhibits "A" and "B" attached hereto and made a part hereof.
(Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
Four Million, Seventy One
to secure a note in the sum of Thousand. Five Hundred Twenty Eight Dollars ($ 4.071.528.00 ) dated
(Lien Amount)
WELLS FARGO BANK, NATIONAL ASSOCIATION,
December 17 19 96 . in favor of a national banking association recorded
(Dated) (Beneficiary)
in the office of the County Recorder of San Diego County on December 31.1996 ,
(County) (Date Recorded)
as File No. 1996-0654669 of Official Records of sakj county; and
(F/P No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS
dated .. in favor of the Carisbad Municipal Water District as grantee, hereinafter refen'ed to as "Easement
Grantee," creating AN/THE EASEMENT/EASEMENTS more particulariy described in EXHIBIT/EXHIBITS "A" & "B"
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provkled 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 tmst above mentioned and provWed 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 EASEMENT/EASEMENTS created in favor of
Easement Grantee; and
2 05/21/96 Rev.
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded,
constitute a charge upon sakl 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 conskJeration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce
Easement Grantee to accept said EASEMENT/EASEMENTS above refen-ed to, it is hereby declared, understood and
agreed as follows:
1. That saw EASEMENT/EASEMENTS 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 saki EASEMENT/EASEMENTS above described without this
subondination 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
referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of tmst and
EASEMENT/EASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including, but
not limited, those provisions, if any, contained in the deed of tmst above mentioned, which provkle 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 EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of tmst above
mentioned to the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENT/EASEMENTS is being executed and
delivered, the EASEMENT/EASEMENTS IS/ARE 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 sakl reliance upon the subordination; and
3 05/21/96 Rev.
3. This agreement represents an endorsement to the note secured by the deed of tmst above mentioned
that sakl deed of trust has by this instmment been subordinated to the charge of the EASEMENT/EASEMENTS in favor of
Easement Grantee above referred to
Executed by the BENEFICIARY this
of February ^ 19 97
18th day
BENEFICIARY:
WELLS FARGO BANK, NATIONAL ASSOCIATION, a
national banking association
^ (authorized signature)
Jeffrey C. Reed
(name)
Senior Vice President
By:
(title)
/U G AAJOVK
(authorized signature)/
Patricia A. Wong
(name)
Assistant Vice President
(title)
Executed by the OWNER this.
of ^tJu f^R^ 19 ?7
day
OWNER:
BROOKFIELD BROCCATO, INC., A CALIFORNIA
CORPORATION
uthorized signature)
E. DALE GLEED
(name)
Vice President
(title)
zecrek (authorizerf%ignature)
ELIZABETH ZEPEDA
(name)
Secretary
(title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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.
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
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD 85-401
05/21/96 Rev.
EXHIBIT "A"
(SHEET I OF 2)
A PORTION OF LOT 1 IN SECTION 33, TOGETHER WITH A PORTION OF THE
SOUTPIWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, ALL OP
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST
5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO
BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS
-NORTH 32« 45' 27" WEST, 561.78 FEET" ON RECORD OF SURVEY 12541, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER;
SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SAID SECTION 33;
THENCE EASTERLY ALONG SAID NORTHERLY LINE, SOUTH 89* 11' 08" EAST
(SOUTH 89« 11' 06- EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN
DIEGO) 34.73 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTH 89° 11' 08"
EAST, 204.17 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 19*
08' 28" EAST, 0.42 FEET; THENCE NORTH 81° 13' 37" EAST, 28.08 FEET;
THENCE SOUTH 43° 44' 28" EAST, 145.42 FEET; THENCE SOUTH 70° 26'
47" EAST, 27.13 FEET, TO A POINT ON A NON-TANGENT 45.00 FOOT
CMWD 85-401
EXHIBIT "A-
(SHEET 2 OF 2)
RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARING
NORTH 70° 26' 47" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 26° 23' 16", AN ARC DISTANCE OF 20.72 FEET;
THENCE LEAVING SAID CURVE, NORTH 70° 26' 47" WEST, 36.57 FEET;
THENCE NORTH 43° 44' 28" WEST, 139.75 FEET; THENCE SOUTH 81° 13'
37" WEST, 21.75 FEET, TO A POINT ON A LINE WHICH IS 20.00 FEET
SOUTHERLY OF AND PARALLEL TO SAID NORTHERLY LINE OF SAID
SECTION 33; THENCE WESTERLY ALONG SAID PARALLEL LINE, NORTH
89°11'08" WEST 203.60 FEET; THENCE LEAVING SAID LINE AT RIGHT
ANGLES, NORTH 0°48'52" EAST, 20.00 FEET, TO THE TRUE POTM.^
BEGINNING OF THE HEREIN DESCRIBED PARCEL.
AREA = 8,049.66 SF (0.185 AC).
rk)RG^O'DAY 'W pff TE
CMWD 85-401
SHLiJ I OF I
C7S3 0 eoM/D/j^r^
00 204.17'
SfS*0e'28''N 0.42'
S8fi3'3r'y 28.08'
f) S43^44'2S'£ 145.42'
s 70'2(i*a7''e 27.13'
# 46.00' 20.72'
36.57'
34'5''44'28"£ f39.75'
S8I'I3'37''H 21.73'
$ 83'11'08" e 201.60"
\m S0*48'3e"l^ 20.00' EXHIBIT 3
C^.yj/.O. ^3"^0/
STATE OF CALIFORNIA
COUNTY OF San Diego
)• SS.
On January 28, 1997 before me, the undersigned
DATE ' NAME AND TITLE OF OFFICER
personally appeared E. Dale Gleed and Elizabeth Zepeda
~~~~ NAME(S) OF SIGNER(S)
• personally known to me - OR - • proved to me on the basis of satisfactory evklence to be the person(s) whose
name(s) is/are subscribed to the within instmment and acknowledged to me that 4ie/sheAhey executed the same in
-Ws/hefyiheir authorized capacity(ies), and that by his/her/their signature(s) on the instmment the person(s), or the entity upon
behalf of whfch the person(s) acted, executed the instmment.
wnrNESS my hand and official seal.
SIGNATURE OF NOTARY
T. WALL T ^i^&f<dSS^ Comm.* 998745 < ^l^f^SH NOTARY PUBUC-CAUFORNM 5, r r^F«P^^P7 San Olego Cow» M ll N^^l^/ l»Ownm. Expires Jun. 27.1997
(This area for official notary seal.)
Title or Type of Document
Date of Document
S'igner(s) other than named above
No. of Pages
CMWD 85-401
06/14/95 Rev.
if"
STATE OF CALIFORNIA
COUNTY OF C/ Vii\ XX
\ SS.
DATE '
C7
before me,
NAMt AND TltLE OF OFFICE
n^JL ^^^^ ftWica^L d. (i)
NAME(S) OF SfGNER(S)
personally appeared _ ^
JAME(S) OF SfGNER(S)
GJ personally known to me - OR - • proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instmment and acknowledged to me that he/sheAhey executed the same in
hIs/herAheir authorized capacity(ies), and that by his/herAheir signature(s) on the instmment the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument
V\/ITNESS my hand and official seal.
SIGNATURE OF NOTARY
MICHELE CORRINGTON I;
Comm. #1083897 5
NOTARY PUBLIC-CALIFORNIA
Sin Diego County ^
My Comm. Expires Jan. 21,2000 ^
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 85-401
06/14/95 Rev.
CERTinCATE OF INCUMBENCY
OF
BROOKJFIELD BROCCATO INC.,
a Califomia Corporation
I, Elizabeth Zepeda, do hereby certify that I am the duly elected, qualified and acting
Secretary of BR(X)KFIELD BROCCATO INC., a Califomia corporation (the "corporation"), and
that as such, I am authorized to execute this Certificate on behalf of the Corporation, and I further
certify that:
The following persons have been duly elected to, are duly qualified for, are acting in, and
on the date hereof do hold, the offices of the Corporation set forth opposite their respective names
below:
Name Office
Stephen P. Doyle President
Sandra E. Moore Chief Financial Officer/Vice President
E. Dale Gleed Vice President
R. Casey Schnoor Vice President
Elizabeth Zepeda Secretary
William B. Seith Assistant Secretary
Michael Zessner Assistant Secretary
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this 14th day
of January, 1997.
Elizabeth Zepeda, Secretary
CERTinED TRUE COPY OF CQRPORATK RF^SOT TTTinN
(Brookfield Broccato Inc.)
AUTHORITY FOR EXECUTION QF CONTRACTS
RESOLVED, that except when otherwise authorized or directed by the Board of
Directors, the Bylaws of the Corporation, or by law, the President, any Vice-
President, the Chief Financial Officer (Treasurer) and the Secretary, or any
Assistant Treasurer or any Assistant Secretary of the Corporation, are authorized
officers to execute and deliver contracts, agreements, documents, certificates and
instruments of the Corporation in the ordinary course of its business which bind
the Corporation, by which the Corporation purports to act, and contracts on behalf
of the Corporation.
RESOLVED FURTHER, that no contract or obligation involvmg the transfer of
a substantial right in any major asset of the Corporation shall be signed without
prior approval of the Board of Directors or any committee thereof duly authorized
to give such approval.
This is to certify that the foregoing is a true copy of a resolution adopted by the Board of
Directors of Brookfield Broccato Inc., a Califomia corporation, on the 4th day of March, 1996,
and that such resolution is still in full force and effect unamended.
In witness whereof, I have hereunto signed my name as Secretary of Brookfield Broccato Inc.,
this VA^day of Januarv . 1997.
[Corporate Seal]
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tl.