HomeMy WebLinkAboutCMWD 97-259; Realty Associates Fund V, LP; 2001-0070717; Easement,* .
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RECORDING REQUESTED BY DOC #
. AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Feb 07~ 2001 IO:00 AM
2001-0070717
rnICIAL REaRDS SIN DIEMl EOlW REORDER’S OFFICE I l.mtRY gmH, llyryEm
oci ‘#I
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
- -_I-_- --
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
(
O.OOw/
) 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.
Space above this line for Recorder’s use.
Assessor’s Parcel No.: 212-091-14.15.16
Project No. & Name: CMWD 97&9 ’
CORNERSTONE CORPORATE CENTER
PIP 97-04. DWG 355-2
PR 00-98
CARLSBAD MUNICIPAL WATER DISTRICT
, DepflCity Engineer
GRANT DEED OF WATER LINE EASEMENT
The Realty Associates Fund Vj L.P., a Delaware Limited Partnsrsh$
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal
Water Act of 1911, 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 devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of
Eng\Word\Mastars\Forms\Grant Deed of Water Line Easement 0811 i’lg8 Rev.
1
aaccess to and from said facility for ihe 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
Executed by the Grantor this
GRANTOR:
The Realty Associates Fund V, L.P., a Delaware Limited
Partnership
By: The Realty Associates Fund V, L.P., A Massachusetts
limited liability company, its general partner
By: The Realty Associates Advisors, LLC, a Delaware limited
liability company, manager
By: The Realty Associates Advisors Trust, a Massachusetts
busjness trust, sole member
By: By:
By: By:
By: The Realty Associates Fund V Texas Corporation, a Texas
corporation, general partner
(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.)
APPROV D AS TO FORM:
;;$A:, ZZNSE:
DA IE EROWER, Deputy General Counsel
Eng?Word\Masters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev.
2719
EXHIBIT “A”
WATER EASEMENT
PARCEL A
LOT LINE ADJUSTMENT PLAT NO. 536
CARLSBAD, CALIFORNIA
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL A, OF LOT LINE ADJUSTMENT PLAT NO. 536, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 2 1, 1998 AS DOC. NO. 1998-060 1173
O.R., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ‘A’
A STRIP OF LAND 15.00 FEET WIDE LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT WHICH LIES ON THE WESTERLY BOUNDARY OF SAID PARCEL A PER SAID
LOT LINE ADJUSTMENT PLAT NO. 536, SAID POINT ALSO LIES ON THE EASTERLY RIGHT-OF-WAY
LINE OF PALOMAR OAKS WAY AS DEDICATED PER CARLSBAD TRACT NO. 81-46 ACCORDING TO
MAP THEREOF NO. 11287, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA FILED IN THE OFFICE OF THE COUTY RECORDER OF SAN DIEGO COUNTY ON JULY 16,
1985, SAID POINT BEING THE SOUTHERLY TERMINUS OF A LINE WHICH BEARS NORTH 09”06’ 18”
WEST, 107.54 FEET; THENCE ALONG SAID WESTERLY BOUNDARY LINE OF SAID PARCEL A AND
EASTERLY RIGHT-OF-WAY, NORTH 09”06 18” WEST, 107.5 1 FEET; THENCE LEAVING SAID
BOUNDARY LINE AND RIGHT-OF-WAY LINE, SOUTH 57”53’2 1” EAST, 359.12 FEET; THENCE SOUTH
32°06’39”WEST, 10.00 FEET; TO THE TRUE POINT OF BEGINNING THENCE SOUTH 32”06’39” WEST,
13.63 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID 15 FOOT STRIP OF LAND SHALL
BE LENGHTHENED AND/ OR SHORTENED AT ALL ANGLE POINTS AND SHALL BE CONTINUOUS.
7+-m
Date
RCE 30836
Expires March 3 1,2004
\\SERVER\L33\SOO\S09\Docs\WTR-EASDOC CMWD 97-259
AW PAGE 1 OF 2
State of Il.2 &Jd.rJ&.l & ‘i
county of L.&O IY
, MWlYI I Jle5Y-L Notary Public,
personally appeared, _ to me (or proved to me ‘on the basis of
satisfactory evidence) whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WTNESS niy hand and official seal.
Notary Public
My commission expires: ‘.+?dii,r~.f ,C 7/,, iA< I I i
(SEAL)
2722
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated November 7. 2000, from The Realtv Associates Fund V. L.P., a
Delaware Limited Partnershin, to the Carlsbad Municipal Water District, a Public
Agency organized under the Municipal Water Act of 1911, and a Subsidiary District
of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad
Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted
on September 16, 1997, and the grantee consents to the recordation thereof by its
duly authorized officer.
DATED: /
KAREN K@#X&?J, &istant City Clerk
. . . @ ’ &j
05+/00 1 17:44 FAX 202 778 6155 0Q:LQ 00A &0 Ml.4
WRCP’I’EN CQNS~LIEU OF 4 SPECJ&L MEETINS
OF TEE TRUSTI$J3S OF
BE TY A!3SOC?X@ES AQY&WSS TRUST AL
The undersigned, coaatituting a3l of the lkuetees of Realty Associates
Advisors Trust (the “Trust”), d&r due consideration, do hereby euthotize and adopt
the following resolutions as of the\m day of December, 1998, and caneent that the
actioh hereby author&d and taken may be taken without a meeting of the Trusteea
and shall have the same force and effect ae if adopted and taken at a special meeting of
the Truetees of the Trust, and the actiona adopted and taken by this Consent ahall be
in ‘Lieu of the holding of such special, meeting of the Trustees.
WHEREAS, the Trustees desire b create certain additional officers to act on .
behalf of the Trust and to author& the officers of the Trust tc undertake certain day- ’ ’
b-day activities of the ‘Jkuet in its capacitg as the sole member of Realty Aasociatea
Advieore LLC;
NOW, TETE~FORE, BE IT RESOLVED that the following ofIke is hereby
created in accordance with Arti& III of the Bylaws of the Trust:
&zi,onal. Director, Any Regional Director shall have the power and
authority to conduct the day to day operstione of the Trust, in its capacity
as the sole member of Really Associates Advisors MC, with the power
and authcrity to execute any and all documents deemed neceeaary or
appropriate by such Regional Dkector in connection witih the Iearing,
property management, maintenance or eale of properties on behalf of the
Trust in its own capacity or in tha Trust’s capacity aa authorized ,
representative of another entity, including, without limitation any entity
for which Realty Associates Advisors LLC aervee ae aaset manager or
advisor, whether now or in the future; provided, however, that a Regional
Director shall have no authority ta execute acqui8itiOsa or tiancing
documents on behalf oE the Trust in ita own cepsoify or isr its capacity as
authorized representative of another entity.
RIZ3OLVED~ TKAT the following tidividua28 are elacted to hold the office set
forth opposite their namd, to sex-&s until their respective succeeaora are elected and
quauy:
A.
Michael A. Ruane - Chairman and Co-Chief &zutive” T
Officer
Arthur I. Segel- President and Co-Chief Executive
Of5.CtX
Andrew M. Neher - Senior Vice President, Treasurer and
secretary
Jan Balder - Regional Dire&or
Henry Brauer - Regioaal Director
Scott Oran - Regional Director
Karen Sakowich - Controller and Aaeietant Secretary *
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Ei ’ 3OUd
osp2/oo ’ 17 :44 FAX 202 778 8155 BINGBAH DANA tU T0:LB 00‘ E0 A&l U-IS
Barry I?. Raeenthal- Aaai6tant Secretary
Erica H. Weiea - Aesietzxnt secretary
provided, however, that (a) Ms. Sakcxvich shall have the power and authority to
conduct t;he day ta w operati~na of the %a&, in ita own capacity o;p in ita capa&ty am
authorised repreeentative of -other entity, including, without Jj.&t&on spy entity
far which Realty Associatee Advisors LLC eerves as asset manager or advisor, whether
now or in the future with the power and authority to execute any and all documents
deemed neceaeary or appropriate by her in o~nnection with the financial matters of the
Trwt or such other entity, including, without Limitation, execution of tag returns;
provided, further, however, that Ms. Sakawich shall have no power or authority ta
execute any docuxaents in connection with leasing, property management, or eale of
properties an behalf of the Trust in its own capacity or in its capacity as autharized
repreeentative of another entity; and (6) Mr. Roaenthaf. and Ma. Weiss ehall be vested - a-
only with the power and authority to execute document3 necessary or appropriate in
connection with the state slings required to be submitted by the Trust, or in its
capacity aa author&d representative of another entity , including, without limitation
any entity for Which Realty Aesaciatee Adtiors LLC serves aa aeeet manager or
advisor, whether now or in the future, bscauae such entity ie organized or author&d
to trarmact business in a particular juriediction; euch individuals shall have no
authority to execute acquisition, sale, leasiag, management or financing documents on
behalf of the Trust, in its own capacity or in its capacity aa authorised representative
of another entity.
This Writteo Consent’ in Lieu &aU remain in full force and effect: until a
revocation or modihcation ,hereof ia signed by both, Truat;ees and entered into the
minui~ book of the Trust. Each Trustee, by signing this Consent, waives notice of the
time, place and purpose of a special meeting bf the Trustees and agreea to the
tranaactian of business of the special meeting by unanimous written consent of the
Trustees in lieu of such meeting.
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated November 7. 2000, from The Realtv Associates Fund V. L.P.. a
Delaware Limited Partnershin, to the Carlsbad Municipal Water District, a Public
Agency organized under the Municipal Water Act of 1911, and a Subsidiary District
of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad
Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted
on September 16, 1997, and the grantee consents to the recordation thereof by its
duly authorized officer.
DATED: &+r;atin/