The URL can be used to link to this page

Home My WebLink About; La Costa Land Company; 75-314413; EasementRight of Way No. - After Recording return to: Qfi"7-L Woodside/Kubota & ASSOC., Inc. P. 0. Box 1095 Carl sbad , Cal i f. 92008 NO FEE GRANT OF RIGHT OF WAY LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION c I I , 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 acrms 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 EXHIBIT "A" ATTACHED HERETO LA COSTA LAND COMPANY TO 44s c (Corporation) STATE OF CALIFORNIA } ss. COUNTY OF San Diego 100 ? w I a W p. m 2 On October 10, 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared - Rurton L. Kramer known to me to be Ass1 Stant 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. Signature known to me to be the Vi ce President, and Flaine Thomas Secretary of the corporation that executed the within Instrument, MILDRED I. HOLhlAN SAN DIEGO COUNTY NOTARY PUBLIC . CALIFORNIA Mildred I. Holman 849 N. Beech St., Escondido, CA 92026 Name (Typed or Printed) (This ma for ofilcial notuial seal) .. ~ 101 '. EXHIBIT ''A" AN EASEMENT FOR WATER LINE AND APPURTENANCES OVER A PORTION OF THE SOUTHWEST QUARTER SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEf4ENT NORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT RECORDER OF SAID COUNTY; THENCE NORTH 25'03'28" EAST 0.45 FEET; THENCE NORTH 41'32'00" WEST 199.41 FEET; THENCE NORTH 25'03'28" EAST 20.33 FEET; THENCE NORTH 34"37'00" EAST 1.38 FEET; THENCE SOUTH 41 '32'00" EAST 199.16 FEET; THENCE NORTH 25'03'28" EAST 20.45 FEET; THENCE NORTH 81'20'08" EAST, 187.55 FEET TO A POINT IN THE ARC OF A A RADIAL LINE TO SAID POINT BEARS SOUTH 82'19'25" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1'58'33" AN ARC DISTANCE OF 20.00 FEET; THENCE LEAVING 176.85 FEET; THENCE SOUTH 25'03'28" WEST 31.99 FEET TO A POINT IN THE NORTHERLY BOUNDARY OF SAID MAP NO. 7784; THENCE ALONG SAID BOUNDARY FIORTH 64'56'32" WEST 20.00 FEET TO THE POINT OF BEGINNING. NO. 72-25, MAP NO. 7784 ON FILE IN THE OFFICE OF THE NON-TANGENT 580.00 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID CURVE ALONG A NON-TANGENT LINE SOUTH 81'20'08" WEST This is to certify that the interest in real property conveyed by the deed, dated October 10 , 192 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 CAR-LSBAD MUNICIPAL WATER DISTRICT on November 5 consents to recordation thereof by its duly authorized officer. , 1975 - , and the Grantee 75 Y 19 - Dated: November 5 CARLSBAD MUNICIPAL WATER DISTRICT W. D. CARMICHAEL Secretary of the Carlsbad Municipal Water District and of the Board of Directors thereof. 11 TR 15OCA t0.I I 5 6 I v6Am37 QflY72 after Recording Mail To: Woodside/Kubota b ASSOC., Inc= P.O. Box 1095 PILE/PAOE NO. - - - - Carlsbad, Calif. 92008 BOOK 1976 RECORDED REQUEST Of TITLE INSURANCE & TRUST c& I SUBORDINATION AGREEMENT MAY 2 4 890 AM76 ?mf~>/ 1 OFFcML RECOm HARLEY F. SAN DIEGO COum, CMIF, i NO CHARGE ON THIS DOC= FOR THE BENEFIT OF I. RECORDER the Deeds of Trust described in Paragraph 11, and as the owner and 1 holder of the obligations thereby secured does hereby make subject 1 I NO FEE 24 15 16 17 I intentionally waives, relinquishes and subordinates the priorities I 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 I I I 10 11 22 23 12 13 I by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, I and subordinate the liens thereof to the easement hereinafter i 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. I i r I I I Beneficiary declares and acknowledges that it hereby 25 29 $18,839,786.55, executed by La Costa Land Company, an Illinois corporation, as Trustor, Title Insurance and Trust Company, a 19 20 21 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 1 i 1 11. 30 31 32 -1- California corporation, as Trustee, in favor of The Trustees of Central States, Southeast and Southwest Areas Pension Fund, who i at the date of delivery of this instrument are Thomas J. Duffey, j I 1 I I II 6 I . 1 : t r 1 t s 1c 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 29 30 31 32 TR 130 CA 19.1 148 Frank E. Fit'zsimmons, C. J. Madigan, A. D. Matheson, Frank Ranney, Charles J. Morse, John A. Murphy, William Presser, John Spickerman Odell Smith, Joseph W. Morgan, Roy L. Williams, Herman A. Lueking, Jr., Robert Holmes, Jack A. Shaeetz and Donald Peters, as Bene- ficiaries, was recorded April 10, 1968 in the Office of the County Recorder 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 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, who presently are: Thomas J. Duffey, Herman A. Leuking, Jr., C. J. Madigan, Albert D. Matheson, William J. Kennedy, John A. Murphy, Jack A. Sheetz, John Spickerman, Frank E. Fitzsimmons, Robert Holmes, Donald Peters, William Presser, Odell Smith, Roy L. Williams, Frank H. Ranney and Joseph Morgan, and their respective successors in office, as Beneficiaries, was recorded June 25, 1970 in the Office of the County Recorder of San Diego County, as File No. 111034. 111. An easement for water line and appurtenances over a portion of the Southwest Quarter Section 25, Township 12 South, 1 Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, said easement more particularly described in Grant of Right of Way recorded November 10, 1975, as Document No. 75-314413. THE TRUSTEES 0 CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENS 1 TRUS n' I BY: 1 Assis'tant Secretary BY: I I I -2- ,I. 149 TO 449 CA (5-73) (Corporation) STATE OF CALIFORNIA } ss. COUNTY OF San Diego TITLE INSURANCE AND TRUST ATICOR COMPANY May 4, 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared A. P. Donia w known to me to be the Asst. Vice President, and Rose E. Bain I J 9 U , 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. Signature Asst Secretary of the corporation that executed the within Instrument, as Authorized Agent Name (Typed or Printed) (This area for omcial notarial aeal) TO 449 CA (5-73) (Corporation 1 } ss. STATE OF CALIFORNIA COUNTY OF San Diego ATICOR COMPANY before me, the undersigqed, a Notary Public in and for said May 4, 1976 A. P. Donla 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 instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Signature Rose E. Bain , w Asst* Vice - President, and K Secretary of the corporation that executed the within Instrument, t On Asst* -I 2 -- OFFICIAL SEAL VIVIAN L. HANKS (This area for ofloial notarial seal) I Name (Typed or Printed)