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Home My WebLink AboutCMWD 85-601-149; Wilma Pacific, Inc.; 1990-0655621; Easement1426 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department Carlsbad, California 92008 5950 El Camino Real Assessor's Parcel No. Project Name & No. 212-070-11 Lot 33, Carlsbad Research Center, Farnsworth Cul de Sac CMWD Project No. 85-601.149 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT NO FEE Board of Directors d- EASEMENT WILMA PACIFIC INC., a Georgia corporation, does hereby grant to the State of California, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the reconstruction and all activities necessary to construct, following purposes: the construction, operation, repair, 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 kind, whether above or below the surface of the ground. all natural and artificial drainage ditches and structures of any Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all designed to facilitate the use and protect the facility from facilities and structures associated with said use which are natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in 1 .. . 1 ',' 141 7 and devices. The use shall also include a means of access to and repairing, maintaining, inspecting and reconstructing said from said facility for the purpose of constructing, operating, 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 TEE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "Ag1 and Exhibit llB1l attached hereto and by this reference made a part hereof. WILMA PACIFIC INC., a Georgia Corporation (Attach Notary Ackowledgment) CMWD 85-601. 149 2 .. i . L STATE OF CALIFORNIA COUNNOF Oranqe I ISS. 1 On August 29, 1990 ,before me. the undersigned. a Notaw Public in and for said State, personally appeared Loren W. Brucker Wayne H. Blauvelt and , personally known to me (or proved to me on the basis 01 satisfactory evidence) to be the persons who executed the within instrument as . Secretary,on behalf of Vice President and Wilma Pacific, Inc. the corporation therein named, and acknowledged to me that sUchcor~orationexecutedthewithininstrumentpursuanttoits bylaws or a resolution of its board of directors. (This area for official notarial seal) This is to certify that the interest in real property conveyed by the Deed dated -&ur-~c-r 29 , 1990, from WILMA PACIFIC INC., a Georgia corporation, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on ALaa?RAl"-r 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED , 5- , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By : ALETHA L. RAUTENKRANZ, Secr$kary Carlsbad Municipal Water District CMWD 85-601.149 3 , .I . 'I EXHIBIT A J-10800 WATER LINE EASEMENTS - LOT 33 BY: SJS/dcr. 001 DATE: July 23, 1990 Page 1 of 1 Legal Description TC Ref. CO. Order NO. Dale oescr. I Rev. By An easement being in the City of Carlsbad, County of San Diego, No. 11134, filed in the Office of the County Recorder in said State of California and being a portion of Lot 33 as shown on Map County, in said State, more particularly described as follows: A strip of land being 15.00 feet wide, lying 7.50 feet on each side and parallel with the following described centerline. COMMENCING at the Southeast corner of said lot; thence along the Southerly boundary line of said lot South 84 '51'20" West 20.79 feet; to the centerline of an existing easement dedicated to Carlsbad Municipal Water District as File/Page 89-556231: recorded October 13, 1989; thence leaving said boundary line and continuing thence North 79'1812511 West 87.61 feet; thence South 84'51'20" West along said existing centerline, North lO"41'35" East 24.00 feet: existing centerline and along the centerline of the 15.00 foot wide 8.00 feet to the TRUE POINT OF BEGINNING thence leaving said easement described herein North 05"08'401' West 22.50 feet to the POINT OF TERMINATION. The side lines of said easement shall be lengthened or shortened to begin at right angles through the POINT OF BEGINNING and shall terminate at right angles through the POINT OF TERMINATION. C.M.W.D. 85-C.149 \ 'rn, VICINITY MAP N. T. S. 32 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 waiver, relinquishment and subordination; and 3. An endorsement has been placed upon 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 in favor of Easement Grantee above referred to BANK OF MONTREAL, a Canadian BENEFICIARY OWNER: WILMA PACIFIC, INC., a Georgia Chartered Bank acting by and corporation th ou h its Chicago Branch s: k NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS 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: n / L R k ,z.s.~o. VINCENT F. BIONDO, JR., Legal Counsel must be attached. (Notarial acknowledgement of execution by OWNER and BENEFICIARY 4 State of C.a1 Ffarnia \ On this the 15 day of October 19". 90 before me, Countyof Los Angeles D. Patrick Avison the undersigned Notary Public, personally appeared Marisela Escobedo Q personally known to me proved to me on the basis of Satisfactory evidence to be the person(s) who executed the within instrument as Sr ArpwnLMana?=T or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. A, 7 Notary's Signature G 1184 j ATENTION NOTARY: Although me infomatim requeted below is OPTIONAL. I aid prevent fraudulent attachment of thls ceniflcate to another ckcwmt. MIS CERTlnCATE TO THE DOCUMENT DESCRIBED AT RIGHT Signer@) Other Than Named Above Title or Type of Document Subordination Agreement MUST BE ATLAWED Number of Pages 6 Date of Document Qc&k< \s \4L( 0 STATE OF CALIFORNIA I COUNlY OF JSS. ranae I On August 29, 1990 , before me, the undersigned. a Notary Public in and for I said State, personally appeared Loren W. Brucker and ~ Wayne H. Blauvelt , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as v ice President and AS 3 t . Secretary. on behaif of Inc. the Corporation therein named, and acknowledged to me that suchcorporationexecutedthewithinlnstrumentpursuanttoits bylaws or a resolution of its board of directors. W1TflES.S my hand and official seal. ! I (This area for official notarial seal) 1 Signatur \ .. EXHIBIT A J-10800 Legal Description 1 WATER LINE EASEMENTS - LOT 33 BY: SJS/dcr.001 DATE: July 23, 1990 Page 1 of 3 An easement being in the City of Carlsbad, County of San Diego, No. 11134, filed in the Office of the County Recorder in said State of California and being a portion of Lot 33 as shown on Map County, in said State, more particularly described as follows: A strip of land being 15.00 feet wide, lying 7.50 feet on each side and parallel with the following described centerline. COMMENCING at the Southeast corner of said lot; thence along the Southerly boundary line of said lot South 84' 51'20" West 20.79 feet: to the centerline of an existing easement dedicated to October 13, 1989; thence leaving said boundary line and continuing Carlsbad Municipal Water District as File/Page 89-556231; recorded thence North 79"18'25" West 87.61 feet; thence South 84"51'20" West along said existing centerline, North lO"41'35" East 24.00 feet; 8.00 feet to the TRUE POINT OF BEGINNING thence leaving said existing centerline and along the centerline of the 15.00 foot wide easement described herein North 05'08'40" West 22.50 feet to the POINT OF TERMINATION. The side lines of said easement shall be lengthened or shortened to begin at right angles through the POINT OF BEGINNING and shall terminate at right angles through the POINT OF TERMINATION. C.M.W.D. 85-c.149