HomeMy WebLinkAbout; Ward, Robert; 1995-0492822; Easement1102309
.. RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
6
,.." ?
rF Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-092-9
Documentary transfer tax is $o.oO Project No. & Name CMWD 94-210
( ) computed on full value of property conveyed, or Lot 45, Kelloaa Avenue. Carlsbad Alrport Center,
( ) computed on full value less value of liens and S/S Kelloaa Avenue, American Rlm SUPP~V
( ) 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
QkD ROBERT D. WARD, an unmarrled man
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.
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 o&dk ,
1 9x.
GRANTOR:
ROBERT D. WARD, an unmarried man
(name of grantor)
By:
I
(sign here)
ROBERT D. WARD. an unmarried man
(title of signatory)
By:
(sign here)
(title of signatory)
APPROVED AS TO FORM:
GENERAL COUNSEL
RONALD R. BALL
(Notarial acknowledgement of execution of GRANTOR must be attached.) -I
CMWD 99-210
2 0611 4/95 Rev.
8
STATE OF CALIFORNIA I
J>/- I COUNTY OF
ss.
personally appeared
NAME(S) OF SIGNER(S)
0 personally known to me - OR - 9 proved to me on the basis of satisfactory evidence to be the person@) whose
name@) Ware 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@) on the instrument the person(s), or the entity
upon behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
,
SIGNATURE OF NOTARY (This area for official notary seal.)
1 Title or Type of Document I
Date of Document /&-I 7 -9c No. of Pages Ti20
Signer(s) other than named above
CMWD 94-210
0611 4/95 Rev.
9
.. 10
EXHIBIT "A"
ALL THAT PORTION OF LOT 45 OF CARLSBAD TRACT NO. 81-46 UNIT
NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OFFICE OF THE
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:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 45, SAID CORNER
LOT 45 AND SAID RIGHT-OF-WAY LINE SOUTH 80O25'04" WEST 57.00
(72.00 FEET WIDE); THENCE ALONG THE NORTHERLY LINE OF SAID BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF KELLOGG AVENUE
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE SOUTH 9'34'56" EAST 192.00 FEET; THENCE SOUTH
80O25'04" WEST 28.00 FEET TO A POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND L6T LINES.
TOGETHER WITH THAT PORTION OF SAID LOT 45 DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE SAID NORTHEAST CORNER OF LOT 45 SOUTH 80'25'04" WEST 84 .OO FEET ALONG THE NORTHERLY LINE OF SAID LOT 45; THENCE LEAVING SAID NORTHERLY LINE SOUTH 9'34 ' 56" EAST 15.00 FEET; THENCE NORTH 80°25'04" EAST 84.00 FEET TO THE EASTERLY LINE OF SAID LOT 45; THENCE ALONG THE EASTERLY LINE OF SAID LOT 45 NORTH 9"34'56" WEST 15 .OO FEET TO SAID NORTHEAST CORNER AND POINT OF BEGINNING.
SEE EXHIBIT "B" ATTACHED HERETO.
CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
19% from ROBERT D. WARD, an unmarried man
to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water
District Act ot 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.
ALETHA L. RAUTENKRANZ, Secretary 1
CMWD 94-210
RECORDING REQUESTED BY
Continental Ranch, Inc. 1158
AND WHEN RECORDED, PLEASE
MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
as it is to the benefit of the District
Please record the document at no fee
(Gov. Code [6103].)
i
DEC 01. 1997 3~34 PM
DIEM DMTY IKWRDER'S FFICE CFFICM "RIIS
GREGDRY J. SHITH, WUNTY REWRDER FEES: ' 0.00
I
aaa--C//,- dc Space above this line for Recorder's use.
"
A.P.N.:AWWW+& . -r, Project No. & Name: 93-502, Rancho Carrillo Villaaes.
Carlsbad Tract 93-04
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
RANCHO CARRILLO VILLAGES, CARLSBAD TRACT 93-04
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 EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST.
THIS AGREEMENT, made this day of Aliscrsp, fgfl, by
CONTINENTAL RANCH, INC., a Delaware corporation
(TrustorlOwner)
hereinafter referred to as "Owner," owner of the land and
DMBlAEW LANDHOLDINGS ONE, LLC, an Arizona limited liability company
(Beneficiary)
I 05/21/96 Rev
hereinafter referred to as “Beneficiary”; present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, CONTINENTAL RANCH, INC., a Delaware corDoration did execute
(Trustor) FIRST AMERICAN TITLE
a deed of trust, dated SeDtember 30 , 19% to INSURANCE COMPANY. a California comoration
as trustee, covering That Dortion of Parcel 2 in the Citv of Carlsbad. Countv of San Dieao. State of California
according to Carlsbad Adjustment Plat No. 444 recorded August 17,1994 as Document No. 1994-0497667 of
Official Records, more particularly described in Exhibits “A” and “B”, attached hereto and made a part hereof.
(Brief Legal Description)
(Date) (Trustee)
(See Exhibit “A” and “B” for Detailed Description)
to secure a note in the sum of Two Million Dollars ($ 2.000.000.00 ) dated (Lien Amount)
DMBlAEW LANDHOLDINGS ONE, LLC,
SeDtember 30 , 1996, in favor of an Arizona limited liabilitv comDanv
(Dated) (Beneficiary)
recorded
in the ofke of the County Recorder of San Dieao
(County)
County on SeDtember 30,1996
(Date Recorded)
as File No. 1996-0492687 of Official Records of said county: and
(FIP No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS
dated && ai.9 /? 9 7 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as
“Easement Grantee,” creating ANnHE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS -
“A” and “B” attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENnEASEMENTS 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 EASEMENTlEASEMENTS shall, when recorded,
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1160
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 EASEMENTlEASEMENTS above referred to, it is hereby declared, understood and
agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally 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 EASEMENnEASEMENTS above described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
lien or charge of the deed of trust above mentioned to the EASEMENnEASEMENTS in favor of Easement Grantee above
referred to and shall supersede and cancel, but only insofar as would affect 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. I (We) consent to and approve the grant of EASEMENTlEASEMENTS 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENnEASEMENTS is being executed and
delivered, the EASEMENT/EASEMENTS 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. This agreement represents an endorsement to the note secured by the deed of trust above mentioned
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llGl
that said deed of trust has by this instrument been subordinated to the charge of the EASEMENT/EASEMENTS in favor of
Easement Grantee above referred to
Executed by the BENEFICIARY this 7th Executed by the OWNER this #L
of August ,1997 day of + 19p7
By: LA- &
day
BENEFICIARY: OWNER: an Arizona . CONTINENTAL RANCH, INC., a Delaware corporation idential, L.L.C.,
(authorized signature)
Drew M. Brown b*/D A. L”T+€&
(name) (name)
President Ylf3&PF=”
(title)
By: By:
(authorized signature) (authorized signature)
(name) (name)
(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 SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
Ronald R. Ball, General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD 93-502
05/21/96 Rev. 4
/%mu”
STATE OF GAHFBRP(IA 1
ISS.
COUNNOF flu’-
On &iz 1997 before me.
personally appeared ” NAME(S) OF SIGNER@)
personally known to me - OR - “ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized capacity(ies). and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
A A h)&&Lf&
SIGNATURE OF NOTARY 0
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 93-502
06/14/95 Rev.
STATE OF CALIFORNIA 1
personally appeared
NAME(S) OF SIGNER@)
personally known to me - 3 to be the personfiwhose name6
@’a+ subscribed to the within instrument and acknowledged to me tha@/s$/t$y executed the same ir@h#/t@r
authorized capacity(i{), and that by@h&/th$r signature6 on the instrument the person@, or the entity upon behalf of
which the person@ acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Date of Document .
CMWD 93-502
06/14/95 Rev.
J-I 1994
EXHIBIT "A"
That portion of Parcel 2 in the City of Carlsbad, County of San Diego, State of California
according to Carlsbad Adjustment Plat No. 444 Recorded August 17,1994 as Document
No. 1994-0497667 of Official Records, more particularly described as follows:
Beginning at a angle point in the Northwesterly boundary of said Parcel 2, formed by the
intersection of the two courses: North 54"40'00" East 90.63 feet and North 08"51'23" East
1907.40 feet; thence along said Northwesterly line South 54'40'00" West 17.97 feet to the
TRUE POINT OF BEGINNING; thence leaving said line South 87"29'23" East 51.92 feet;
thence South 63'20'27'' East 29.75 feet; thence South 27"00'09 West 20.50 feet to the
beginning of a non-tangent 2463.00 foot radius curve concave Southwesterly, to which a
radial line bears North 27"00'09" East; thence Northwesterly along the arc of said curve
through a central angle of 01 "47'30" a distance of 77.01 feet to the TRUE POINT OF
BEGINNING.
Page I of 1
CMWD 93-502
I RICK .NOINW.RINO COMPANI RAT TO ILLUSTRATE LEGAL
DESCRIPTION OF WATER
EASEMENT
CML .NOM.m..*UIV.*OI..CLINNLIIl
5420 FRIARS ROAD.SAN DIEG0,CD. 92110
SCALE I". 40' . ~ ~