HomeMy WebLinkAbout; La Costa Land Company; 75-314412; EasementRight of Way No.
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After Recording return to: Q?"Y70 Woodside/Kubota & ASSOC., Inc.
P. 0. Box 1095 Carlsbad, Calif. 92008
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GRANT OF RIGHT OF WAY
NO FEE LA COSTA LAND COMPANY, AN ILLINOIS 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 , bui 1 di ngs and structures.
The easement of right-of-way is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
LA COSTA LAND COMPANY
B
Burton L. Krafnet*;'' 'Vice,"Pkesident
I
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego ) ss. 35
0ctab.er 10, 1975 before me, the undersigned, a Notary Public in and for said ’
State, personally appeared - Burton I. Krarner ,
Secretary of the corporation that executed the within Instrument,
w known to me to be the Vice President, and F1 a1 ne Thomas
w known to me to be Ass1 Stant U
t On
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.
WITNESS my hand and official seal.
Signatur
849 N. Beech St., Eaondldo, CA 92026 Mildred 1. -2 Name (Typed or Printed)
(This area for o(lleiai notarial sad)
.I
EXHIBIT "A"
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF ALGA ROAD, AS DEDICATED ON MAP OF LA COSTA MEADOWS UNIT NO. 1,
MAP NO. 6800, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, WITH THE NORTHEASTERLY LINE OF THAT CERTAIN 200.00 FOOT STRIP OF LAND CONVEYED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY BE DEED RECORDED APRIL 22, 1954 AS DOCUMENT NO. 52629, BOOK 5212, PAGE 492, OFFICIAL RECORDS AND DEED RECORDED MAY 12, 1954 AS DOCUMENT N0.62394, BOOK 5235, PAGE 130, OFFICIAL RECORDS, AS SHOWN ON SAID MAP NO. 6800; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 60'37'21" EAST 169.48 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 29'22'39" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
60'37'21" EAST 385.00 FEET; THENCE SOUTH 14'15'00" WEST 228.08 FEET; THENCE SOUTH 35"23'25" EAST 258.08 FEET TO A POINT IN THE ARC OF A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 17'56'02" WEST, SAID POINT BEING THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID 20.00 FOOT STRIP OF LAND TO BEGIN IN A LINE THAT BEARS NORTH 29'22'39" EAST, THROUGH THE TRUE POINT OF BEGINNING AND TERMINATE IN THE ARC OF THE ABOVE MENTIONED 50.00 FOOT RADIUS CURVE, A RADIAL LINE TO THE TERMINUS OF THE
NORTHEASTERLY SIDELINE BEARS NORTH 5'23'25" WEST, AND A RADIAL
LINE TO THE TERMINUS OF THE SOUTHWESTERLY SIDELINE BEARS
NORTH 29'39'04" WEST.
,
, ., *- . ..
i i- - 32
This is to certify that the interest in real property
, 1975 - conveyed by the deed, dated October 10
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
Water District Act of 1911, as amended, is hereby accepted by
order of the Board of Directors of CARLSBAD MUNICIPAL WATER
DISTRICT on
consents to recordation thereof by its duly authorized officer.
November 5 , 1975 - , and the Grantee
Bated: November 5 , 9975
CARLSBAD WUNICIPAL WATER DISTRICT
W. D. CARMICHAEL
Secretary of the Carlsbad
Municipal Water District and of the Board of Directors thereof.
R
RICK ENGINEERING CQMPANk
PLA"ERS-ARCHITECTS-Ch4L ENGINEERS-LANO SI IRVEYORS
3088 PI0 PIC0 BLVD. ,CARLSBAD,CLLLIFORNIA, 92008
TELEPHONE (714) 729-49 67
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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 of
render invalid any rights under and by virtue of said easement,
and said easement shall be paramount and superior to the rights of
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TR’150 CA 19.1 150
nra‘P)73 After Recording Mail To:
Woodside/Kubota & ASSOC., Inc.
Carlsbad, Calif. 92008 I RECORDED REQUEST OF
~ SUBORDINATION AGREEMENT
P.O. Box 1095 f IW%$ ~+355498 <#Jja-
MAY 2 4 8:OO AM76
qq 472.0 TITLE INSURANCE TRUST
HO CHARGE ON THIS DOCTJMZRT FOR THE BENEFIT OF T
OFFICIAL RECOROS
HARLEY F. 6l.m. SAN OIEW COUNTY, WF,
RECORMR NO FEE
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 are hereby subject and subordinate
as above provided; and that it understands that in reliance upon
and in consideration of this waiver, relinquishment and subordina-
tion 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,
relinquishment 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 Cali
fornia corporation, as Trustee, in favor of The Trustees of Centra
States, Southeast and Southwest Areas Pension Fund, as Beneficiari
was recorded April 10, 1968, in the Office of the County Recorder
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TR 150 CA 19.1 Ii
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of San Diego County, as File No. 60084; and
A Deed of Trust dated June 23, 1970, in the amount of
$7,000,000.00, executed by La Costa Land Company, an Illinois
1 corporation, as Trustor, Title Insurance and Trust Company, a 1
Central States, Southeast and Southwest Areas Pension Fund, as j
California corporation, as Trustee, in favor of the Trustees of
1 1 Beneficiaries, was recorded June 25, 1970, in the Office of the 1
1 County Recorder of San Diego County,as File No. 111034.
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111.
1 portion of the Southeast Quarter of Section 25, Township 12 South,
Range 4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to Official
Plat thereof, said easement more particularly described in Grant
of Right of Way recorded November 10, 1975, as Document No.
1
An easement for water line and appurtenances over a
75-31 441 2.
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DATED: May 4, 1976
TITLE INSURANCE & TRUST
COMPAqY ,$ Trustee
' BY Assistant Secretary
-2-
THE TRUSTEES OF CENTRAL STATES,
SOUTHEAST AND SOUTHWEST AREAS
TRUST COlvIP
1
1 :I BY:
Assistant Secretary
II
TO 449 C
(Corporation ) 8
} ss. STATE OF CALIFORNIA
COUNTY OF San Diego
152
before m the under$ ned, a Notary Public in and for said May 4, 1976
A. %t. Doni% State, personally appeared __
known to me to be the Asst- Vice President, and Rose E. Bain 9
w
W known to me to be
-I 9 $
Asst. Secretary of the corporation that executed the within Instrument, as
t On
L
known to me to be the persons who executed the within Authorized Agent lnstrument 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
WITNESS my hand and official seal.
Signature
of directors. ~~~~~~~~n~
OFFICIAL SEAL V1VIb.N L, HANKS -- - I
NOTARY PUBLIC . CALIFORNIA
Principii Office, San Die20 Co. Calif.
-- I Name (Typed or Printed)
(lbb uoa for omcia1 notarial anal)
TO 449 C
(Corporation)
} ss. STATE OF CALIFORNIA
COUNTY OF San Diego
~ before me, the undersigned, a Notary Public in and for said May 4, 1976 On
State, personally appeared -
known to me to be the
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
A. P. Donla
Rose E. Bain President, and
Secretary of the corporation that executed the within Instrument, Asst.
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signature _.
(This area for omcial notarial anal)