HomeMy WebLinkAboutCT 89-16; La Costa Hotel & Spa Corporation; 1992-0348009; Easement'1
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE PIAIL TO:
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Carlsbad Municipal Water District ) r
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
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'8pace-,aWwe this line for
'R&CO~&~*~S use.
Assessor I s Parcel" Go. 216-130-64. .. Project Name & No. Fairways, Grlsbad Tract 89-16
WD 82-405
DOCUMENTARY TRANSFER
CWLSBAD MUNICIPAL : -, WATER DISTRICT
TAX: None
Board of Directors
.. EASWENT .,
LA COSTA , . ,
"_. ._*'_' ' .,
'AND SPA CORPORATION, a California Corporation
., ~,
does hereby grant to CA&LSE%AD~*~&I~I~AL WATER DISTRICT, a Public
Agency organized in the State. 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 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,
1 3/14/91 REV.
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1899
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" 1"imited to, erosion control
facilities, fences,. gates, doors, 'Zoclzing d+Vii?es, alarms, lights,
and all other protective facilities and devices. The use shall
also include a means of access to and from said facility for the
purpose of..:. cunstructing, operating, repairing,. maintaining,
inspecting and reconstructing said facility.
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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 easemht be used by tho Grantor or any other person or
entity, includinq'other utilities;.whether public or private, for
uses whether compatible or incampatible with the uses described
herein without the exprddt3 written "approval of the Grantee.
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hereof.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit tlBt' attached hereto and by this reference made a part
' ' LA COSTA tioret AND SPA CORFOF3ITICN.
GRANTOR:
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VICENT F. BIONW, JR. ' :'
GENE OUNSEL
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By : Q-,:&
(Notarial acknowledgment of executlon by GRANTOR must be attached.)
CMWD 82-405
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! COUNTY OF }SS.
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I? E to me on the basis of satisfactory evidence) to be the personls) whose named is/= subscribed to the
li instrument and acknowledged to me that heisheky executed the same in his/-authorized capacity(W, 2
I g and that by hislhef/++& Signature~On the instrument the person(s) or the entity upon behalf of which the 3
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1 g personally appeared
k A~A. &K f+tt-Hm - personally known to me (or proved
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PersonMacted, executed the instrument. -
nd official seal.
0
Signature
(This area for dficial notarial seal)
CORPORATE ACKNOWLEDGMENT NO. 202
-T/.SKELw/’ 4 personally known to me
0 proved to me on the basis of satisfactory evidence
to b the person(s) who executed the within instrument as
named, and acknowledged to me that the corporation executed it.
J&5/0E/v 7 oron behalf of the corporation therein
1902
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, datedm191 , from- rn-
California copration
to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District
Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf
of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority
conferred by Resolution NO.^ of the Carlsbad Municipal Water District adopted on
January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized
officer.
DATED:
EXHIBIT "A"
WATER EASEMENT SHEET 1 OF 1 SHEETS
A 15-FOOT STRIP OF LAND BEING A PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF,
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO.
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 SOUTH 88O 08' 11722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID BOUNDARY SOUTH 07' 35' 03" WEST 10.05 FEET TO THE NORTHERLY LINE OF A 20 FOOT WIDE WATER EASEMENT RECORDED FEBRUARY 27, 1962 AS
DOCUMENT NO. 33068 OF OFFICIAL RECORDS, THENCE ALONG SAID NORTHERLY LINE SOUTH 88' 08' 40" EAST 15.07 FEET; THENCE LEAVING SAID
NORTHERLY LINE NORTH 07' 35' 03" EAST 10.05 FEET TO THE SOUTHERLY
NORTH 88" 08' 40" WEST 15.07 FEET TO THE TRUE POINT OF BEGINNING. BOUNDARY OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY BOUNDARY
40" EAST 69.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
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C.M.W.D. 82-405
EXU/D/T . "gX
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VICINITY MAP '
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RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO ) 1 Carlsbad Municipal Water District 1
5950 ~l Camino Real 1
Carlsbad, California 92008 )
,,
Space ahove this line for
-,Recorder% use.
A.P'.N. 216-130-64
CMWD NO. 82-405
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AN
ESTATE IN THE REAL PROPERTY TO WHICH
YOUR SECURITY INSTRUMENT ATTACHES
AND HAS THE POTENTIAL EFFECT OF
REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
THIS AGREEMENT, made this /J-day of 4.
I
19% by LA CCGTA HOTEL AND SPA CORPORATION, a California Comration,
hereinafter referred to as tfOwner,ll owner of the land and
(Trustor)
THE EVJI EIANK, LTD. (Owner)
hereinafter referred to as *'Beneficiaryf1, present owner and holder
of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, LA COSTA HOTEL AND SPA CORPORATION (Trustor) did execute a deed of
trust, dated July 1
(Date)
, 1988 to TICOR TITLE INSURANCE (Trustee)
CCMPANY OF CALIFORNIA as trustee, covering
A FIFTEEN (15) Fo3T STRIP OF LAND BEING A PORTION OF SECTION 36, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COW
OF SAN DIEGO, STATE OF CALIFORNIA I (Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
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to secure a note in the sum of One Hundred Seven Million Dollars////////
........................ ($ 107.000,000.00 ) dated July 1
(Lien Amount)
(Date)
1988, in favor of 'I'KF FUJI BANK. LTD. -. recorded
in the office of the County Recorder of I. County
(Beneficiary) ,sari Diego ,.'
f COUritVl
on July 20, 1988 , as File No. 88-351339 of Official
(Date Recorded) (F/P NO.)
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Records of said county: and
WHEREAS, "ker htis executes," or is, a*out to execute, as
grantor, a grant of' EASEMENT/EASEMENTS dated /J/J8/Y/ ,
and record@ , as Instrument No. ,
official records, San Diego County, in favor of the Carlsbad
Municipal Water District as grantee, hereinafter referred to as
"Easement: Grantee," creating AN/THE EASEMENT/EASEMENTS more
particularly described therein and in EXHIBIT/EXHIBITS
attached hereto: and
WnEREAs.;", -Easenent cyantee is willi,ng to accept said
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a
charge upon the above described property prior and superior to the
lien or charge of the deed of trust above mentioned and provided
that beneficiary will specifically and unconditionally subordinate
the lien or charge of the deed of trust above mentioned to the lien
or charge of the EASEMENT/EASEMENTS created in favor of Easement
Grantee: and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said EASEMENT/EASEMENTS and
Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall,
when recorded, constitute a charge upon said land which is
unconditionally prior and superior to the lien or charge of the
deed of trust above mentioned.
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NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That' 'said EnSEMENT~SAShENTS h favor of Easement
Grantee shall undonditionally be and remain at all times a charge
on the property therein described, prior and superior to the lien
or charge of'the deed of trust above mentioned.
2. That Easement Grantee would not accept said
EASEMENT/EASEMENTS above described without this subordination
agreement. , .
3. That this agreement shall be the whole and only
agreement with r&ard to the subordination of the lien or charge of
the deed of trust above mentioned to the EASEMENT/EASEMENTS in
favor of Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affe'ct'the priority between the
deed of trust and EASEMENT/EASEMENTS hereinbefore specifically
described, any prior agreement as to such subordination including,
but not limited, those provisions, if any, contained in the deed of
trust above mentioned, which provide for the subordination of the
lien or charge thereof to another interest in the real property
therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approves the grant of
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
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relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the EASEMENT/EASEMENTS in favor of
Easement Grantee above referred to and understands that in reliance
upon, and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEI&NIPS IS/ARE being created, and
that specific momtary and other obligations are being and will be
entered into by the Easement Grantee, o~ther 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. This Agreement represents an endorsement fd. the note
secured by'the deed of trust above mentioned and that said deed of
trust has by this instrument been subordinated to the charge of the
EASEMENT/EASEMEmS in favor of Easenlent Grantee above referred to.
Exec ted by ARY this Executed b /2 2A - day of , 19x /O day
BENEFICIARY: OWNER: /
LA COSTA HOTEL AND SPA CORFORATION,
(authorized signature)
/
Joint General Manager
(title)
By : By: (authorized signature) (authorized signature)
(title) (title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION 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 snow
4 11/13/91 REV.
CORPORATE ACKNOWLEDGMENT NO. 202
€$ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the per$on(afwho executed the within instrument as
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
P?&S/ a€ h/ T oron behalf of the corporation therein
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SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
WITH RESPECT THERETO. SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
Amved as to form:
R and BENEFICIARY
must be at
CMWD 82-405
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1912
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to me on the basis of satisfactorv evidence) to be the
personally known to me (or proved
person(s) whose name(s) is* subscribed to the within
instrument and acknowledged to me that he/.&e&hey executed
the same in his- authorized capacity(ies), and that
by his personme entity upon behalf of which the person(s)
* signature(s) on the instrument the
acted, executed the instrument.
WITNESS my hand and official - seal.
( Seal )
10569643
EXHIBIT "A"
SHEET 1 OF 1 SHEETS
WATER EASEMENT
191 3
A 15-FOOT STRIP OF LAND BEING A PORTION OF SECTION 36, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF,
WSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULRRLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO.
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 SOUTH 88O 08' 11722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
40" EAST 69.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
LINE OF A 20 FOOT WIDE WATER EASEMENT RECORDED FEBRUARY 27, 1962 AS
SAID BOUNDARY SOUTH 07O 35' 03" WEST 10.05 FEET TO THE NORTHERLY
DOCUMENT NO - 33068 OF OFFICIAL RECORDS, THENCE ALONG SAID NORTHERLY
NORTHERLY LINE NORTH 07O 35' 03" EAST 10.05 FEET TO THE SOUTHERLY
LINE SOUTH 88" 08' 40" EAST 15.07 FEET; THENCE LEAVING SAID
BOUNDARY OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY BOUNDARY
NORTH 88" 08' 40" WEST 15.07 FEET TO THE TRUE POINT OF BEGINNING.
.
C.M.W.D. 82-405
VICINITY MAP
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