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HomeMy WebLinkAboutCT 73-39; Standard Pacific of San Diego; 76-403419; Easementr 0021 8;l Right of Way No. After Recording return to: Woodside/Kubota 81 ASSOC., Inc. P. 0. Box 1095 Carlsbad, Calif. 92008 F1LEfPACE .I 76-4E3341.9 BOOK 19f6 RECORDEDREQUESTOF I GRANT OF RIGHT OF WAY /,la.-"/ STANDARD PACIFIC OF SAN DIEGO, A CALIFORNIA CORPORATION , 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 in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communi- cation purposes, at such locations and elevations, upon, along, over and under the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress there- from, to and along said right of way by a practical route or routes, in upon, over and acr3ss the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings and structures. The easement of right-of-way is described as follows: SEE ATTACHMENT "'A" AND EXHIBIT "B" ATTACHED HERETO. StandaHPaciW of San Dieso fU . .. TO 449 CA (5-73) (Corporation) 1062 } ss. STATE OF CALIFORNIA COUNTY OF s*N DIEGO TIT= INSURANCE AND TRUST ATICOR COMPANY On November 23, 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared Robe&L&!d!11= 1 known to me to be the President, and Jerry Saxe known to me to be Secretary of the corporation that executed the within Instrument, 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. OFFICIAL SEAL WITNESS my hand and official seal. SAN DIEGO COUNTY Teresa M. Barton Name (Typed or Printed) (This area for omcial notarial seal) .. - 1063 .- I : *. MI casement for the construction and maintenance of water lines and facilities over, under, along and across a portion of the South Half , of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian City of Carlsbad, County of San Diego, State of California described as follows: Parcel 1 A strip of land 10.00 feet in width described as follows: COMMENCING at the West one Quarter corner of said Section 27; South 35O 38' 20" East a distance of 141.96 feet; thence South 3' 53' 00" West a distance of 181.00 feet; thence South 7' 57' 00" East a distance of 108.50 feet; thence South 17O 27' 00" East a distance of 96.50 feet; thence South 36' 52' 00" East a distance of 81.00 feet; thence South 44' 12' 00" East a distance of 4.80 feet to the 'TRUE POINT OF BEGINhING; thence continuing Sough 44'12 ' 00" East a distance of 10.00 feet; thence South 45' 48' 00" West a distance of 101.00 feet; thence North 44' 12' 00" West a distance of 10.00 feet; thence North 45O 48' 00" East a distance of 101.00 feet to the TRUE POINT OF BEGINNING. thence h 27 C RICK ENGINEERING COMPANY PLANNERS-ARCHITECTS- CIVIL ENGINEERS-LAND SURVEYOR5 5620 FRIARS ROAD SAN DIEGO, CALIFORNIA 92110 3088 PI0 PIC0 DRIVE, SUITE POL,CARLSBAO, CAL.9200E SAN 01EG0-(714)291-0707/ CARLSBAD-(714) 729- 49 87 EXHIBIT IIB" . ,1065 This is to certify that the interest in rea1 property conveyed by the deed, dated November 23 , 1976 from Standard Pacific of San Diego, A California Corporation as Grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Yunicipal Water District organized and existing under the Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT on December 1 , 1976, and the Grantee consents to recordation thereof by its duly authorized officer. CARLSBAD HUNICIPAL WATER DISTRICT W. D. CARMICHAEL Secretary of the Carlsbad Municipal Water District and of the Board of Directors thereof. 4 AFTER RECORDING RETURN lro: " I ;i _1 t/!d 11 I! 2.1 ' , SUBORDINATION AGREEMENT _I A 38 1. ri I. /020/y35- ffo F& FOR VALUE RECEIVED, the undersigned, as Beneficiary under the Deed 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 Deed 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 Deed of Trust. Beneficiary declares and acknowledges that it hereby intentionally rrlai\t~s, relinquishes and subordinates the priorities and superiorities of the lien and charge of the Deed of Trust described in Paragraph I1 upon the land described therein in favor of the easement described in Paragraph I11 to which the Deed 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 July 30, 1976 in the amount of $1,268,400.00, executed by Standard Pacific of San Diego, a corpora- tion, as Trustor, Title Insurance and Trust Company, a California corporation, as Trustee, in favor of Rancho La Costa, a limited partnership, as Beneficiary, was recorded October 8, 1976 in the office of the County Recorder of San Diego County as File No. 76-333562. NO CHARGE ON THIS DOCUHEWT FOR THE BEMEFIT OF i STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On March 7, 1977 , before me, the undersigned, a notary public in and for said State, personally appeared Donald 6. Ayres ¶ known to me to be one of the partners of RANCHO LA COSTA, a limited partnership, the partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. Witness my hand and official seal. OFFICIAL SEAL 1 P. , f Rr,:LIL ? \_J, J<’?IA 553 DATED: 111. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. February 25, 1977 RANCHO LA COSTA, a limited partnership BY: Beneficiary . 554 EXHIBIT ''A" An easement for the construction and maintenance of water lines and facilities over, under, aiong and across a portion of the South Half of Section 27, Tcwnship 12 South, Range 4 West, San Bernardino Meridian City of Carlsbad, County of San Diego, State of California described as follows: Parcel 1 A strip of land 10.00 feet in width described as follows: COMMENCING at the West one quarter corner of said Section 27; thence South 35" 38' 20" East a distance of 141.96 feet; thence South 3" 53' 00" West a distance of 181.00 feet; thence South 7" 57' 00" East a distance of 108.50 feet; thence South 17" 27' 00" East a distance of 96.50 feet; thence South 36" 52' 00" East a distance of 81.00 feet; thence South 44" 12' 00" East a distance of 4.80 feet to the TRUE POINT OF BEGINNING: thence continuing South 44" 12' 00" East a distance of 10.00 feet; thence South 45" 48' 00" West a distance of 101.00 feet; thence North 44" 12' 00" West a distance of 10.00 feet; thence North 45" 48' 00" East a distance of 101.00 feet to the TRUE POINT OF BEGINNING. C RICK ENGINEERING COMPANY PLANNERS-ARCHITECTS- CIVIL ENGINEERS- LAND SURVEYOFtS 5620 FRIARS ROAD SAN DIEGO, CALIFORNIA 92110 3066 PI0 PIC0 DRIVE, SUITE LOZ,CARLSBAO, CAL.92008 SAN OIEGO-(714)291-0707/ CARLSBAD-(714) 729- 4987 EXHIBIT "B"