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Home My WebLink AboutCMWD 86-504; BRAMALEA CALIFORNIA; 1997-0102584; Easementd 1 ,.. . ' RECORDING REQUESTED BY Carfsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water Distn'd Engineering Department 5950 El Camino Real Carfsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT DOC # 1997-0102584 07-I'lAK-1997 03~43 PR OFFICIAL RECORDS SAH DIEGO CUUHTl RECORDER'S OFFICE GREGORY SilITH 9 COUW RECONER . FEES: ' 0.00 HA . . I Please record this document at no fee as it is to the beneft of the DMd ' I (Gov. Code [6103U. I. Space abo~ this line for Recorder's use. The undersigned grantor(s) declare(s): Assessoh Parcel No. 24 4-1404260 Project No. & Name CMWn PrQietf No. 86504 Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or 9f -1 3 ( ) computed on full value less wlue of liens and encumbrances remaining at tirne of sale. ( ) Unincorporated area: (X) City of Carlsbad , and CAIU;SBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF WASTEWATER PIPELINE EASEMENT I BRAMALEA CAUFORNIA, LLC, A CALlFORNlA LIMITED LIABILITY COMPANY does hereby grant to CARLSBAO MUNICIPAL WATER DISTRICT, a Public Agency organized in the Sfate 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 actiLities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of calIecting, storing, transporting, pumping and treating all wastewater, including surface j water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches of any kind, whether above or below the surface of the ground. / Said facility may include pipelines, pumping facilities, strudures designed to control the flow of wastewater - and a11 facilities and structures associated with said use which are designed to facilitate the use and protect the facility from 1 07/09/96 Rev. BEST COPY - and other forms of damage including, but not limited to, erosion control facii'ies, fences, gates. doors, Locking ces, alarms, lights, and all other protectiw facilities and devices. The Use shall also lnclude a means of access to and m said facilmfor the purpose of constructing, operating, repairing, maintaining, inSpecting and reconstructing sajd hci]ay. The uses described herein shall be exiusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences buiR nor trees planted, nor may the easement be used by the Grantor OF any other persan or entay, including other utimies, whether public or private, for uses whether compatible or incompatible with the uses described hereln wilhoutthe ~~~SWritten apprO~l of the Grantee. LOCATION OF EASEMENT: The easement graded hereln shall be located within and upon the properties more particularly described in Mibit "A" and mibit "8" attached hereto and by this reference made a part hereof. &wted by the GRANTOR this day of %twvl bs ,C, 4 9%. GRANTOR BRAMALEA CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY .. - 1. -. . . Sr. v:tD , Pfp,cidwk . .. \. (tie of signatory) . . . - Y r. virP -@e;lJht- (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL (~otaria~a&nowled~rnent of execution by GRANTOR must be attached.) CMWD 86-504 I - 2 07109196 Rev. EXHIBIT "A" An easement in the City of Carlsbad being a portion of the Southeast one quarter of 1 I Section 21, Township 12 South, Range 4 West, San Bernardino Meridian, County of San Diego, State of California described as foiIows: Commencing at a point on the South line of said Section 21, being the Southwest corner of that certain-document being a Certificate of Compliance Document No. 88- 569476 Recorded November 7, 1988 on file in the Office of the County Recorder of said County; thence North 00°42'1 1" East along the West line thereof 30.00 feet; thence Ieaving said West line South 8g000' 7 1 " East 126.62 feet to the TRUE POINT OF BEGINNING; thence North 00'59'49" East 50.63 feet; thence North 08"25'24" East 76.62 feet; thence South 89°00'1 1" East 114.22 feet;-thence North 52"27'38" East 98.20 feet; thence South 30'59'00" East 20.13 feet; thence South 5Z027'38" West 702.90 feet; thence North 89°00'11" West 103.65 feet; thence South 08'25'24'' West 57.76 feet; thence South 00'59'49" West 49.33 feet; thence North 89'00'1 1" West 20.00 feet to the TRUE POINT OF BEGINNING. containing 4,900 square feet, more or less Page 1 of 1 CMWD 86-504 GRAPHIC SCALE 1'= 40' AS FILE NO. 73147 OR -P NU4ZIrE 114929 PROJECT NO. 12494 WEST UNE I SHEET 10F I CmDa6-504 5620!FRl~RS ROAD, SAN OIEGO, - HONE:(6191291-0707 59 EXP. 12-3 1-98 - Order 0E00229 43 1 TOF: .ooCJ?-W ! 987-!0.?584 .E?a.S:?! .of.? .JOSH PLAT TO ILLUSTRATE EGpILDESCR/PT/oN OF OFFSFE SEWER EASEMEM- 0, Q. 25, 1qL before me, h 8a kr uatd rv Pub 1; I DATE' NAME Ad0 TITLE OF OFFlCrn personalb appear4 hi le I(. add ad.. ad See R~CS NAME(S) OF SIGNER(S) ppemnajJy know to me - OR - O pmwd to me on the basis of satisfactor/ evidence to be the perso@ whose name@ @ subscribed to the w%hin instrument and acknowledged to me that e~cuted the same in m@aumomed capacity(@, and that by hWte@ignatu@ on the i~kument the penor@, or the entity upon behalf of which the perso@acted, executed the instrument WLTNESS my hand and official seal. %& SIGNATURE OF NOTARY -- . .- - (This area for official notary seal.) Tie or Type of Document Date of Document No. of Pages Signer(s) other than named above OUq4/95 Rev. 553 CERTIFICATION OF ACCEPTANCE OF DEED This is to certifythat the interest in red property conveyed bythe grant deed of easement, dated / from BRAMALEA CALIFORNIA. LLC. A CALIFORNIA LIMITED LLABILlIY COMPANY -------------- I --------- ---- to the Carisbad Municipal Water District, Cartsbad, California, pursuant to the Municipal / Water ~mct A& of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carisbad Municipal Water District, Cadsbad, California, pursuant to aulhotfty conferred by Resolution No. 773 of the Carfsbad Municipal Water District adopted on January 28, 1992, and the grantee consenti to recordation thereof by its duly authorized officer. DATED: MU d an, I 7 9. & . . . . -. - - .2 2 >-. : . .. ._ , .... - , - .-; z. ' , . ->--- 7 :: . - ---... Secretary - . -..:--;-1 ,.+ stant Secretqe. ...' ..' 06M4195 Rev. -- - CERmCATE OF INCUME3ENCY I, Linda Teixeira, Assistant Secretary of AmeriStar Financial Services, Inc-, a California Corporation, do hereby certify that Jonathm M Fffe fe~ been duly elected to the padtion of Vice President of said corporation, that said election is in full force and effect on the date set out below, and, that he, as Vice President, is authorized to execute alone and delivet any and all documents on behalf of the corporation. Ln witness whereof, I have affixed iny official sipatme and seaI of the Company on this 30th day of October 1996. A Linda Teixeira, ~ssis&t Seuetary LENNAR HOMES, INC. CERTIFIED RESOLUTlON 1, MO~S J. Watsky, Assistant Secretary of Lennar Homes, Inc., a FIorida corporation, do hereby ceflify that the following Resolution Was duly adopted at a meeting of the Board of Directors of said corporation duly called and held on Febnrary 4, 1976, during which a quorum of Diredora were in attsndance and acting throughout, and that such Resolution has not been amended or rescinded and is in full force and effect on the date hereof. RESOLVED, that all contracts, leases, deeds, mohgages, satisfaction pleces of mortgages, releases and assignments of mortgages, releases and satisfactions of judgments and any and all other instruments and documents necessar/ in or which pertain to the business of the company shail be executed and acknow[edged on behalf of the company by the President or any Vice President and that the corporate seal shall be affixed thereto and attested by the Secretary or any Assistant Secretary and the execution and delivery of such papers by such officers shall be considered as evidence of the company's approval of the specific transaction and of the authority of such officers to exeate, acknowledge and deliver such papers in conneckion therewith. 1 FURTHER CERTIFY that Jonathan M. Jaffe is a Vice President of Lennar Homes, Inc. WITNESS my hand STATE OF FLORIDA COUW OF DAD€ and the seal said Corporation this 1st day of ~~v*@ber, i 996, Sworn to and subscribed before me this 1st day of Novernbe~, 1996, by Morris J. Watsky, Assistant Secretary cf Lennar Homes, In&, a Florida corporation, on behalf of the corporation. He is personally known to me and 8 not take an oath. A CATE OF INCUMBENCY I, Theresa Pointon, Assistant Secretary of Bramalea California, Inc., a CaJifornia' corporation, hereby certify that the following persons have been duly elected and/or appointed to the position(s) set opposite their respective names, that said elections and/or appointments are in MI force and effect and, except where indicated, that any one of the following persons is authorized to execute and deliver documents on behalf of the Corporation. DIRFCTORS Irving Bolotin Robert B. Cole Stuart k Miller Leonard Miller iuzEEBs Name Irving Bolotin Robert B. Cole Stuart A. Miller Leonard Miller Allan 3. Pekor Theresa Pointon M. E. Saleda Grace SantelIa Kathleen E. Sierra James T. Tiions Morris J. Watsky Jonatban M, J&e Marc Chasman Emile K. Haddad Jeff Roos Title Sr. Vice President Secretary President Chairman of the Board Financial Vice President -- Assistant S eaetary Tramrer Assistant Secretary Assistant Secretary Controller Assistant Secretary Vice President - Vice President Sr. Vice President Sr. Vice President IN WITNESS WHEREOF, I have hereunto signed my name and affixed the corporate sea1 of BrarnaIea CaIifomia, Inc. /' DATED this 16th day of September, 1996. '/ / &L4l4* ~LL Theresa Pointon, Assistant Secretary - - r\,-l--. nnnnnnnn A~A 7-7 --A- m.-. . -- -- . - .I -