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HomeMy WebLinkAboutPIP 95-03; MacKichan, David & Karen; 1996-0308434; Easement1!?2?91 . .. . RECORDING REQUESTED BY Carlsbad Municipal Water Distric AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad, California 92008 I II 8 MAIL TAX STATEMENTS TO: v MEMPT 751 I Please record the document at no fee as it is to the benefit of the District (Gov. code 161031.) The underslgned grantor(s) declare(s): Assessor’s Parcel No. 212-092-7 Documentary transfer tax is $o.oO Project No. & Name CMWD Prolect No. 95-203 ( ) computed on full value of property conveyed, or Lot 43. Map No. 11288, Kelloqq Avenue, PIP 95-03, ( ) computed on full value less value of liens and S.E.CornerofCarnlnoVldaRobleo&KelloaaAvenue Space above thls llne for Recorder’s use. .. ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF WATER LINE EASEMENT a‘3a DAVID A. MACKICHAN AND KAREN MACKICHAN, husband and wife tenants does hereby grant to CARLSBAD MUNICIPAL 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, 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 access to and 1 0611 4/95 Rev. 752 .. . from said facility for the 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 made a part hereof. Executed by the Grantor this &day of &7rd , 19g. GRANTOR: DAVID A. MACKICHAN AND KAREN MACKICHAN, husband and wife tenents (name of grantor) ~ By: (sign here) DAVID A. MACKICHAN, husband (title of signatory) By: qMnf&hm (sign here) KAREN MACKICHAN, wife (title of signatory) APPROVED AS TO FORM: GENERAL COUNSEL RONALD R. BALL (Notark acknowledgement of execution of GRANTOR must be attached.) CMWD 95-203 0611 4/95 Rev. 75 3 STATE OF CALIFORNIA I San Diego COUNTY OF J 1 ss. On 10-10-95 before me. **Patricia E. Wellrpr** DATE NAME, nnE OF OFFICER personally appeared David A. Mackichan** NAME@) OF SIGNER(S) I7 personally known to me - OR - mproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaii of which the person($ acted, executed the instrument. WITNESS my hand and official seal. - , // CI SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document Grant Deed of Water Line Easement** I Date of Document 10-10-95 No. of Pages 1 I Signer(s) other than named above CMWD 95-203 06/14/95 Rev. 754 STATE OF CALIFORNIA 1 San Diego ss. COUNTY OF J On 10-10-9s before me, **Patricia E. Welker** DATE NAME, nu OF OFFICER personally appeared **Karen Mackichan** NAME(S) OF SIGNER(S) 0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) 0811 4/95 Rev. EXHIBIT "A" 75 5 ALL THAT PORTION OF LOT 43 OF CARLSBAD TRACT NO, 81-46 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: CALIFORNIA, AS PER MAP NO. 1128a RECORDED IN THE OFFICE OF THE PARCEL A: BEGINNING AT THE MOX . IURTHERLY CORNER OF SAID LOT 43, SAID AVENUE (72 .OO FEET WIDE) , SAID POINT ALSO BEING ON A CURVE CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF KELLOGG CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 364.00 FEET (TO WHICH A RADIAL LINE BEARS NORTH 25O46'24" WEST); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 43 AND RIGHT OF WAY LINE ANGLE OF 5'44'43" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SOUTHWESTERLY 36.50 FEET ALONG SAID CURVE THROUGH A CENTRAL SAID NORTHWESTERLY LINE ALONG SAID CENTERLINE ON A RADIAL LINE BEARING SOUTH 31O31 '07" EAST 15.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE SHORTENED TO MEET SAID NORTHWESTERLY LINE OF LOT 43. PARCEL B: CORNER BEING A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF CAMINO BEGINNING AT THE MOST SOUTHERLY CORNEB OF SAID LOT 43, SAID VIDA ROBLE (72.00 FEET WIDE); THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 43 AND SAID RIGHT-OF-WAY LINE NORTH 61°47'45" WEST 108.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID CENTERLINE NORTH 28°12'15" EAST 50.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND TO MEET SAID SOUTHWESTERLY LINE OF LOT 43. ' SEE EXHIBIT "B" ATTACHED HERETO. RAMON J. )SPEAR L.S. 6404 CMWD 95-203 PYWCE.. CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated /& /L' < 19-, from DAVID A. MACKICHAN AND KAREN MACKICHAN. husband and wife tenants. A to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the 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. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer. DATED: CMWD 95-203 0811 4/95 Rev. RECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO 4 Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 758 - Please record the document at no fee as it is k%.R: 215-092-7 Space above thls llne for Recorder's use. e ben fit of the District (Gov. We 61 ) Project ko. lkme.: CMWD Prolect No. 95-203 Lot 43. M~D No. 11 288, Kelionrr Avenue. PIP 9543, S.E. Corner of Camlno Vlda Roble & Kelloaa Please record the document at no fee as it is k%.R: 215-092-7 I\ ' ' Space above thls llne for Recorder's use. e ben fit of the District (Gov. We 61 ) Project ko. lkme.: CMWD Prolect No. 95-203 Lot 43. M~D No. 11 288, Kelionrr Avenue. PIP 9543, S.E. Corner of Camlno Vlda Roble & Kelloaa SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) LOT 43, KEUOGG AVENUE NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL SECURITY INTEREST. EFFECT OF REDUCING THE VALUE OF YOUR THIS AGREEMENT, made this @day of mff/u , 1QZby DAVID A. MACKICHAN AND KAREN MACKICHAN. husband and wlfe tenanb (Trustor/Owner) hereinafter referred to as "Owner,' owner of the land and THE MONEY STORE INVESTMENT CORPORATION (Beneficiary) hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; 1 06/14/95 Rev. 759 WITNESSETH THAT WHEREAS, David A. Macklchan and Karen Macklchan did execute (Trustor) a deed of trust, dated Februarv 16 , 19K to Commenwealth Land Title Insurance ComDanv (Date) Frustee) as trustee, covering All that portion of Lot 43 of Carlabad Tract No. 8146 Unit No. 2. In the Cltv of Carlabad, Countv of San Dleao. State of California. aa Der MaD No. 11288 recorded In the Office of the Countv Recorder of Said Countv. being a atrip of land 15.00 feet wide. Ivlng 7.50 feet on each side of and Darallel with the centerllne more Dartlcuiarhr described In Exhibit .Am atIached hereto and made a Dart hereof. (Brief Legal Description) (See Exhibit "A' & "Bm for Detailed Description) to secure a note in the sum of two hundred thlrtv-eiaht thouaand dollars ($1.238.000.00 ) dated One mllllon, (Lien Amount) Februarv 16 , lo=, in favor of Commonwealth Land Title Insurance ComDanv recorded (Dated) (Beneficiary) in the office of the County Recorder of San Dieao County on Februaw 21.1995 (County) (Date Recorded) as File No. 1995-0075192 Official Records of said county; and (F/P No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS dated /.//oh5 , in favor of the Carisbad Municipal Water District as grantee, hereinafter referred to as 'Easement Grantee," creating AN/THE EASEMENTEASEMENTS more particularly described in MHIBIT/MHIBITS - -A' & "6' attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of EASEMENT/EASEMENTS is a charge upon the above described properly prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will speciiically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENTBISEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said 2 08/14/95 Rev. 76 0 EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENTIEASEMENTS 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. 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 EASEMENTEASEMENTS above referred to, it is hereby declared, understood and agreed as foliows: 1. That said EASEMENTIEASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the properly 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 EASEMENTEASEMENTS above described without this subordination agreement. 3. That this agreement shall be the whde and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority belween the deed of trust and EASEMENTEASEMENTS 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 properly therein described. BENEFICIARY declares, agrees and acknowledges that: 1. I (we) consent to and approve the grant of EASEMENTEASEMENTS in favor of the Easement Grantee. 2. I (we) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination ofthe grant of EASEMENTEASEMENTS is being executed and delivered, the EASEMENTEASEMENTS WARE being created, and that specific 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 subordination; and 3 0611 4/05 Rev. 76 1 3. This agreement represents an endorsement to 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to Executed by the BENEFICIARY this &A la% day of BENEFICIARY: THE MONEY STORE INVESTMENT CORPORATION 0 - (authorized signature) (title) By: (authorized signature) (title) OWNER DAVID A. MACKlCHAN AND KAREN MACKICHAN, husband and wife tenan . BY: (authorized signgture) DAVID A MACKlCHAN (name) Husband BY: 1 (authorized signature) KAREN MACKlCHAN (name) We (title) NOTETHATTHEPRESlDENTORVICE-PRESIDENTANDTHESECRETARYORASSlSTANTSECRETARYMUSTSlGN 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 SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OFTHIS SUBORDINATION AGREEMENT, THE PARTIES Approved as to form: Ronald R. Ball, General Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD 92-503 4 08/14/QS Rev. 762 STATE OF CALIFORNIA 1 0 personally known to me - OR - xproved to me on the basis of satisfactory evidence to be the perso@ whose nam@g@ subscribed to the within instrument and acknowtedged to me that-kchke e executed the same in authorized capacie, and that by4i&eri@r signatur@on the instrument the pers@, or the entity 0 upon behd of which the perso& acted, executed the instrument. WITNESS my hand and ofIicial seal. (Thii area for official notary real.) 763 STATE OF CALIFORNIA 1 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person($ whose nM1.# kiars subscribed to the within instrument and acknowledged to me thatWsh&hoy executed the same in Ris/her#&-authorizeded capacw), and that by his/her/their signahrreflon the instrument the upon behalf of which the person( acted, executed the instrument sl WITNESS my hand and official seal. (This area for official notary seal.) Title o( Type of Document Data d Document No. of Pager Signer(s) other than named above I 06/14/95 Rev. 764 EXHIBIT "A" ALL THAT PORTION OF LOT 43 OF CARLSBAD TRACT NO. 81-46 UNIT CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OFFICE OF THE NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF COUNTY RECORDER OF SAID COUNTY , BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT THE MOST. WRTHERLY CORNER OF SAID LOT 43, SAID AVENUE ( 72 .OO FEET WIDE) , SAID POINT ALSO BEING ON A CURVE CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF KELLOGG CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 364.00 FEET (TO WHICH A RADIAL LINE BEARS NORTH 25O46'24" WEST); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 43 AND RIGHT OF WAY LINE ANGLE OF 5O44'43" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SOUTHWESTERLY 36.50 FEET ALONG SAID CURVE THROUGH A CENTRAL BEARING SOUTH 31'31 '07" EAST 15.00 FEET TO A POINT OF SAID NORTHWESTERLY LINE ALONG SAID CENTERLINE ON A RADIAL LINE TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE SHORTENED TO MEET SAID NORTHWESTERLY LINE OF LOT 43. PARCEL B: CORNER BEING A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF CAMINO BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 43, SAID VIDA ROBLE (72.00 FEET WIDE): THENCE ALONG THE SOUTHWESTERLY . ~~.. ~. ~ LINE OF SAID LOT 43 AND SAID RIGHT-OF-WAY LINE NORTH 61 047'45" WEST 108.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID CENTERLINE NORTH 28°12'15" EAST 50.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND TO MEET SAID SOUTHWESTERLY LINE OF LOT 43. . SEE EXHIBIT "B" ATTACHED HERETO. R r+ RAMON J. /SPEAR L.S. 6404 CMWD 95-203 PARCEL WATERLlM €AS€MENT PLAT CALE /"=50' SPEAR a ASSOCIATES JOB NO. CIVIL XNGINXlRING - L&ND IWRVSTING 95 - I75 )ATE 8-9- 95 1115 LAST ?XMNSTLVANIA A-X RN. DF Cl(.RJs (619) 737-7171 (619) 749-2180 XSCONDIDO, CALIYOWIA ¶a025 DWQ no. CMWD 95-203 MAR-13-96 WED 18:56 THE MONEY STORE FAX NO, 9086862649 766 RECEIVED UNANIMOUS WRITTEN CONSENT OF SHAREHOLDERS AND Ans'd,........... DIRECTORS DATED AS OF DECEMBER 31, 1994 The undersigned, constituting the sole shareholder and all of the directors of The Money Store Investment Corporation a New Jersey corporation, hereafter the "Corporation", do hereby take, and consent to, the following corporate actions: 1. The directors of the corporation to serve until their ~UCC~SSOXS are duly chosen and qualified are: Alan Turtletaub A.R. Medici Marc Turtletaub Morton Dear 2. The officere of the corporation to serve until their successors are duly chosen and qualified are: Chief Executive Officer Marc Turtletaub President Lawrence Wodarski Executive Vice Pres./Secretary Vice President Vice President Executive Vice President Senior Vice President senior Vice President Regional Vice President Regional vice President Regional Vice President Regional Vice President Regional Vice president Regional Vice President Vice President Vice President Morton Dear Alan' Turtletaub A.R. Medici Paul Leliakov Michael Benoff William Miller Richard Edelman Mary Robertson suean Streich Jeffrey Scott Jeffrey Rogers Thomas Hollingshead Robert Thome Suzanne Gregory MAR-13-96 WED 18:56 THE MONEY STORE .: ’., h Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President FAX NO. 9086862649 P. 03 RECEIVED Bern Wilson MAY 1 5 1996 Donald Coombe Aw’d ,........... Elyse Greenbaum Wayne Wirth James Robertson Paula Denham Carolyn naut Sheldon Wallerstein Ken Allen Kris Berry John Konevich Margaret Olmsted, ,J Christine Heckert Robert Nance Vince Renzoni George Glines John Wilhelm David White Nancy Davis Bob Lampert Charles Cannata Lisa Forrest Brandon Day Susan Chalker Gary Miller Ric Schroder Patrick Swartz Ann sisneros George Arguelles Michael Duckham . MAR-13-96 WED 18:57 THE MONEY STORE ., .. .. A Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Assistant Vice President Treasurer Assistant Treasurer Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary FAX NO. 9086862649 P, 04 768 RECEIVED Susan Howard MAY 1 5 1996 James Baemsl Jess Richardson Ans'd.. ...... . . . . Will Haney Larry Woodard Nancy Santucci Kale Qaston Rick Combs Alice Mack Grady Kjesbo Ruth Ann Lewis Bill Baird Betty Bark Sean Waybright Kim Hellweg Thomas Pugh Debbie Ward Pam Scott Lynn Matsuda Jeffrey Birestone Natalie Toft Rarry Puglisi James Ransom Eric R. Elwin Brendan Eccleston Philip Arem Terrence Sharp Keith Hoyt Ray Yatee Peggy Turner ' ,'MAR-13-96 WED 18:57 THE MONEY STORE ,. ;, , .. h Assistant Secretary Assistant Secretary FAX NO. 9086862649 P. 05 769 RECEIVED Mary Disken Carle Hegle MAY 1 5 1996 Ans'd. ......... . . 3. All actions of the officers and directors of the corporation taken from December 31, 1992 to date are confirmed, ratified and approved. The above minutes are hereby approved. Sole Shareholder, The Money Store- President Dira By : Alan Turtle* dorton Dear This is certified to be a true and exact copy Keith A. Hoyt Corporate Counsel '.v 1 I,