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Home My WebLink AboutCT 72-33; La Costa Land Company; 73-252776: Easement.> - 1883 R"ght of Way No. \/p AFTER RECORDING RETURN TO: Woodside/Kubota & Associates, Inc. P. 0. Box 1095 Carlsbad, Calif . 92008 GRANT OF RIGHT OF WAY LA COSTA LAND COMPANY, an Illinois Grporatian , as Grantor, for and in consideration of the sum of One Dollar and other valuable considera- tion paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT, its successors and assigns, an easement of right of way ten feet in width in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, re- place, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appur- tenances including but not limited to conduits and cables for power transmission and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter de- scribed right of way as Grantee may now or hereafter deem con- venient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes, in upon, over and across the hereinafter described lands, togethe? with the right to clear and keep clear said right of way from explosives, buildings and structures. The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit: That portion of the Northwest Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows: A strip of land 10.00 feet wide lying Northeasterly and adjacent to the following described line: Beginning at a point on the Northeasterly line of Lot 2 of CARLSBAD TRACT NO. 72-33, accord- ing to Map thereof No. 7594, filed in the office of the County Recorder of Son Diego County, said point of beginning being North 650 05' 55" West 10.00 feet from the most Easterlycorner of said Lot 2; thence South 650 05' 55" East 84.61 feet along said Northeasterly line and alonb the Northeasterly line of Lot 53 of La Costa - South Unit No. 1, according to Map thereof No. 61 17, filed in the office of the County Recorder of said County. SEP - 7 8:OO AM'73 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. HARLEY F. BLOOM RECORDER A*'.. - ._. ._ 1884 TO 449 C (Corporation) I STATE OF CALIFORNIA 1885 'L I COUNTY OF San Diego before me, the undersigned, a Notary Public in and for said on July 19, 1973 State, personally appeared Burton L* Kramer w known to me to be the W known to me to be Ass ' t- I known to me to be the persons who executed the within 5 Instrument on behalf of the corporation therein named, and 2 acknowledged to me that such corporation executed the within $ instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ViC+esident, and Elaine Thomas II: Secretary of the corporation that executed the within Instrument, t Signature ) -82GZJ Sondra K. Muter Name (Typed or Printed) (Thlr ma for olTlcial notarial scat) i i Grantor and successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill any well or wells, within the limits of said right of way. Grantee shall t7a.v~ the rfght to crect, niiintai'n aiid use gates in all fences which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the con- venient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being here- by granted to the Grantee. Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by Grantor, without the previous written consent of Grantee. It is also understood and agreed by the parties hereto that the Grantor and successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing 8 at the time this document is executed, without the previous written . consent of the Grantee. IN WITNESS WHEREOF, the Grantor executed these I presents this 19th day of July , 19 73 . Executed in the Presence of: LA COSTA LAND COMPANY, an Illinois Corporation Wi tncss c 8 Witness - U Secretary NOTARIES - USE PROPER FORM L .,? . .. , . .. , .. . .. i; ', This is to certify that the interest in real property conveyed by the deed, dated July 19 , 1973 from LA COSTA LAND COMPANY, an Illinois Corporation as Grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District organized and existing under the Municipal Wate-r District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of CARLSBAD MUNICIPAL WATER , 1973 , and the Grantee DISTRICT on August 1 - consents to recordation thereof by its duly authorized officer. Dated: August 1 , 1973 CARLSBAD MUNICIPAL WATER DISTRICT Secretary of the Carlsbad Municipal Water District and of thereof. _L r\ the Board of . Dir,qc,tbrS' ... I. \ 1 / i t . *_ .. .. .. 6//7 003 - 003 .. I *. 21-; v- r C.. ._ 6’’ e AFTER RECORDING MAIL TO: Woodside/Kubota & Associates, Inc. P.O. Box 1095 Carlsbad, Calif,92008 SUBORDINATION AGREEMENT I. FOR VALUE RECEIVED, the undersigned, as Beneficiary under the Deeds of Trust described in Paragraph 11, and as the owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the easement hereinafter described in Paragraph 111, it being understood and agreed that foreclosure of said Deeds of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to the rights of any purchaser under any foreclosure of said Deeds of Trust. Beneficiary declares and acknowledges that it hereby intentionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of the Deeds of Trust described in Paragraph I1 upon the land described therein in favor of the easement described in Paragraph I11 to which the Deeds of Trust described in Paragraph I1 is hereby subject and subordinate as above provided; and that it understands that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquish- ment and subordination. 11. A Deed of Trust dated January 1, 1968 in the amount of $18,839,786.55, executed by La Costa Land Company, an Illinois corporation, as Trustor, Title Insurance and Trust Company, a California corporation, as Trustee, in favor of The Trustees of Central States, Southeast and Southwest Areas Pension Fund, as Beneficiary, was recorded April 10, 1968 in the office of the County Recorder of San DiegwCounty as File No. 60084. \ NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF OCT - 5 8:OO AM’73 OFFICIAL RECORDS SAN DlEGO COUNTY, CALIF HARLEY F. BLOOM fi&f@ RECORDER TO 449 C t; .. 284 (Corporation) STATE OF CALIFORNIA’ - COUNTY OF San Diego } SS* t t W. K W I w -I n 2 m 8 on September 28, 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared ___ A. P. Donia , known to me to be the Asst* Vice - President, and Rose E- Bain known to me to be known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Asst. Secretary of the corporation that executed the within Instrument, as Authorized Agent, VIVIAN L ’ HANKS Signature LL7&d ,J%4- -- & Name (Typed or Printed) TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF San Diego } ”* 8 On September 28s 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared __ A/ P. Donia 1 known to me to be the Asst* Vice - President, and Rose E. Bain known to me to be known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. As st* Secretary of the corporation that executed the within Instrument, Name (Typed or Printed) Lb3 I A Deed of Trust dated June 23, 1970 in the amount of $7,000,000.00, executed by La Costa Land Company, an Illinois corp- oration, as Trustor, Title Insurance and Trust Company, a California corporation, as Trustee, in favor of The Trustees of Central States, Southeast and Southwest Areas Pension Fund, as Beneficiary, was recorded June 25, 1970 in the office of the County Recorder of San Diego County as File No. 111034. 111. An easement granted to the Carlsbad Municipal Water District for pipeline purposes was recorded September 7, 1973 in the office of the County Recorder of San Diego County as File No. 73-252776. The lands in which said easement of right of way are situated in the County of San Diego, State of California, and are particularly described as follows: That portion of the Northwest Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows: A strip of land 10.00 feet wide lying Northeasterly and adjacent to the following described line: Beginning at a point on the Northeasterly line of Lot 2 of Carlsbad Tract No. 72-33, according to Map thereof No. 7594, filed in the office of the County Recorder of San Diego County, said point of beginning being North 65" 05' 55" West 10.00 feet from the most Easterly corner of said Lot 2; thence South 65" 05' 55" East 74.61 feet along said Northeasterly line and along the Northeasterly line of Lot 53 of La Costa - South Unit No. 1, according to Map thereof No. 6117, filed in the office of the County Recorder of said County. DATED: - September 28, 1973 TITLE INSUPANCE & TRUST COMPANY, as TrQstee 5 BY WA 6 his t&nt Vice -P r e s ident 4,s si s tant Se c r etir y THE TRUSTEES OF C,ENTRAL STATES, SOUTHEAST SaU'hjWEST AREAS Title Lnsurance & Trust ,. ' BY: . Assistant. Secretary 'I1 , ' . .. . '. .. -2-