HomeMy WebLinkAboutCT 72-33; 2500 Navarra Investments LP; 73-238667: Easement, /727 - - . - \ <..@ .>
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After Recording return 1tQi Woodside/Kubota & Assoc., Inc.
P. 0. Box 1095 Carlsbad, Calif. 92008
u2500 NAVARRA I NVESTMEWTS, a Limited Partnership
FILEIPAG 73-238667
SOdK-'1973 RECORDEDREQUESTOF TITLE INSURANCE & TRUST CO.
AUG2 4 8:00 AM'73
I OFFlCtAL RECORDS
SAN DlEGO COUNTY, CALIF. HARLEY F. BLOOM RECORDER NO
'~SFQ T~ ~~~
FEE
, 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 across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings and structures.
The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit:
That portion of Lots 1, 2 and 3 of CARLSBAD TRACT NO. 72-33, in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 7594, filed in the office of the
County Recorder of San Diego County, described as follows:
Commencing at the most Southerly mrner of said Lot 2; thence along the Southeasterly line of scrid
Lot 2
1. North 24O 54' 05" East 82.66 feet to the true point of beginning; thence leaving said South-
easterly line
2. North 650 05' 55" West 134.00 feet; thence
3. South 24O 54' 05'' West 7.00 feet; thence
4. North 650 05' 55" West 12.00 feet; thence
5. North 24O 54' 05" East 7.00 feet; thence
* 6. North 650 05' 55" West 194.00 feet; thence
7. North 24O 54' 05" East 54.82 feet; thence
8. North 480 36' 02" West 38.23 feet; thence
9. North 790 00' 38" West 54.09 feet; thence
10. South 550 59' 22" West 229.83 feet; thence
11. South 34' 00' 38" East 106.13 feet; thence
12. North 81° 20'1 1 I' East 11 1.70 feet to a point on a curve concave Northeasterly having a
radius of 48.00 feet in the Southwesterly boundary of Navarra Drive as shown on said Map No.
7594; a radial line through said point bears South 81' 20' 11 I' West; thence
13. Southeasterly along said curve through a central angle of 24O 37' 24" an arc distance of
20.63 feet to a point on intersection with a non-tangent line, a radial line through said point
bears South 56' 42' 47" West; thence Southwesterly along said pn-tangent line
14. South 81° 20' 11 I' West 128.72 feet; thence
15. North 34O 00' 38" West 130.79 feet; thence
16. North 550 59' 22" East 234.08 feet; thence 17. North 34O 00' 38" West 75.00 feet; thence
.I
2 Sheet.2 of
Right of WayNo.
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18. North 550 59' 22" East 12.00 feet; thence
19. South 34' 00' 38" East 75.00 feet; thence
20. North 550 59' 22" East 24.02 feet; thence
21 . South 790 00' 38" East 54.56 feet; thence
22. South 486 36' 02" East 58.42 feet; thence
23. South 240 54' 05" West 52.75 feet; thence
24. South 650 05' 55" East 300.00 feet; thence
25. North 24O 54' 05" East 10.00 feet; thence
26. South 650 05' 55" East 10.00 feet; thence
27. North 24O 54' 05" East 85.00 feet to the Northeasterly line of said Lot 2; thence along said
Northeasterly line
28. South 650 05' 55" East 10.00 feet to the most Easterly corner of said Lot 2; thence along the
Southeasterly line of said Lot 2
29. South 24O 54' 05" West li115.00 feet to the true point of beginning.
Grantor and its successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill any well or wells, within the limits of said right of way.
Grantee shall have the right to erect, maintain and use gates in all fences which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the con- venient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being here- by granted to the Grantee.
Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by Grantor, without the previous written consent of Grantee.
It is also understood and agreed by the parties hereto that the Grantor and its successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee.
IN WITNESS -.,,R WHE EOF, day the of +17elP:;;e;uted Grantor these presents this
Executed in the Presence of: 1/ v
2500 NAVARRA INVESTMENTS, a t imited
BY: Praver Bros. Investments, a General Partnership
General Partner
Witness Partnership
STATE OF CALIFORNIA ) .
) ss.
COUNTY OF SAN DIEGO)
e* On July 24, I 1973, before me, the undersigned, a Notary Public in and for said State,
personally appeared STANLEY PRAVER, known to me to be one of the General Partners of PRAVER BROS.
INVESTMENTS, a General Partnership, being known to me to be one of the partners of 2500 NAVARRA
INVESTMENTS, the Limited Partnership that executed the within instrument and acknowledged to me that
they executed the same os partners of the partnership first a'mve named, that said partnership executed
the same as a partner of 2500 NAVARRA INVESTMENTS, a Limited Partnership and that said last named
partnenh ip executed the same.
IV - n
OFFICIAL SEAL
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
I, c 1
L
1730
This is to certify that the interest in real property
conveyed by the deed, dated July 24 , 1973
from 2500 NAVARRA INVESTMENTS, a Limited PartnershiD
as Grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal
Water District organized and existing under the Municipal
Wate.r District Act of 1911, as amended, is hereby accepted by
order of the Board of Directors of CARLSBAD MUNICIPAL WATER
DISTRICT on August 1 , 19 - 73, and the Grantee
consents to recordation thereof by its duly authorized officer.
Dated: August 1 , 19 73
CARLSBAD MUNICIPAL WATER DISTRICT
P
BY c31cs L"L. W. D. CARMICHAEL
Secretary of the Carl sbad Municipal Water District and of the Board of Directors thereof. . *I 1,- <. ->',
'2
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;\FTER*RECORDIN G ~IL TO: 0 IF! ci 1 19
kJoodside/Klf, ota & Associates, Inc.
2.0. Box 16 5 890 Carl& ad, California, 9 2008 I
Rttn: John Pierce
761 747
SUBORDINATION AGREEMENT
I.
.I. .
’74-054564
FILE/?AGE NO..
BOOK 1974 RKORDED REQUEST OF TITLE INSURANCE 6 TRUST Co.
MAR ~$5 8$O AM’74
WClAl RECORDS SAN MeOO COUNTY, CALIF.
HARLEY F. BLOOM 4lKQ.Bm
FOR VALUE RECEIVED, the undersigned, as Beneficiary underMO FEE
I the Deed of Trust described in Paragraph 11, and as the owner and
holder of the obligations thereby secured does hereby make subject
and subordinate the liens thereof to the easement hereinafter
described in Paragraph 111, it being understood and agreed that
foreclosure of said Deed 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 Deed 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 Deed of Trust
described in Paragraph I1 upon the land described therein in favor
of the easement described in Paragraph I11 to which the Deed of
Trust described in Paragraph I1 is hereby subject and subordinate
as above provided; and that it understands that in reliance upon
and in consideration of this waiver, relinquishment and subordination
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, relinquish-
I ment and subordination.
11.
A Deed of Trust dated October 27, 1972 in the amount of
$256,483.09, executed by Praver Bros. Investment, a Partnership,
as Trustor, Title Insurance and Trust Company, a California corporation,
as Trustee, in favor of John H. McMurray and Ellen C. McMurray, husband
and wife, Maynard Phillip Monette and Doris-flarie Monette, husband and
wife, &S Beneficiary, was recorded November 6, 1972 in the office of
the County Recorder of San Diego County as File No. 295830.
,’
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I
r NO CHARGE ON THIS DOCUMENT 2’OR THE BENEFIT OF
TO 447 C
(Individual)
STATE OF
c )- ss.
892 8
w - z W-
I
, known to me
to the within instrument and acknowledged that executed the same.
WITNESS my hand and official seal.
Name (Typed or Printed) .-
(This area for omcial notarial seal)
I A. D. 1 9lY, before me, the undersigned, a Notary
, duly commissioned and sworn personally appeared
to me known to be the individual3 described in and who executed the foregoing instrument, and acknowledged to me
ealed the said instrument as-Lfree and voluntary act and deed for the uses and purposes
Countyof K /AjG
On this 3e day of rddo-
Public in and for the State of dfL nJ
&t+d /# H@md@&?y 8/ ELLEd c- /?eHd&wy
and official seal hereto affixed the day and ye
Notary Pudc in J and for the State of &!!flfd6pd 4
at d?k L e
1 . ,* *- (Acknowledgment by Individual. Pioneer National Title Insurance Companx Form L 28)
L I_
-r
I' 1 1 891
111.
An easement granted to Carlsbad Municipal Water District
for right of way in, upon, over, under, and across the lands here-
inafter 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
communication purposes, at such location 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 across the hereinafter described lands, together
with the right to clear and keep clear said right of way from
explosives, buildings and structures. The lands in which said
easement of right of way is granted are situated in the County of
San Diego, State of California, and are particularly described in
that certain Grant of Right of Way recorded August 24, 1973 in the
office of the County Recorder of San Diego County, File No.
73-238667.
1
I P .
-2-
I 1
JOHN H. MC MURRAY
ELLEN C. MC MURRAY h
\ DORIS MARIE MONETTE
- 893 ' I
. . -. I .. -
(IC.-
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After Recording Return to: Woodkide/Kubota & Assoc., Inc.
P. 0. Box 1095 Carl sbad , Cal i f. 92008
n'-!D- 150 74454565 FU/?AGE NO. BOOK 1974 RKORDED REQUEST Or SUBORDINATION AGREEMENT TITLE INSURANCE 6 TRUST CO. ,
MAR -3 8:OO AM'74
1. OFFICIAL RECORDS bAN DlloO COUNTY, CALIF. wmEv F. BLOOM &CORDER
FOR VALUE RECEIVED, the undersigned, as Beneficiary under NO FEE
the Deed of Trust described in Paragraph 11, and as the owner and
holder of the obligations thereby secured does hereby make subject
and subordinate the liens thereof to the easement hereinafter
described in Paragraph 111, it being understood and agreed that
foreclosure of said Deed 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 forec7osur-e of said Deed 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 Deed of Trust
described in Paragraph I1 upon the land described therein in favor
of the easement described in Paragraph-111 to which the Deed of
Trust described in Paragraph I1 is hereby subject and subordinate
as above provided; and that it understands that in reliance upon
and in consideration of this waiver, relinquishment and subordination
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, relinquish-
ment and subordination.
11.
A Deed of Trust dated January 25, 1973 in the amount of
$85,958.82, executed by 2500 Navarra Investments, a California
Limited Partnership, as Trustor, Title Insurance and Trust Company,
a California corporation, as Trustee, in favor of Maynard Phillip
Monette and Doris Marie Monette, husband and wife, and John H.
McMurray and Ellen C. McMurray, husband and wife, as Beneficiary, was
recorded February 21, 1973 in the office of the County Recorder of
San Diego County as File No. 73-04413.
', ' I'
TO 447 C
(Individual)
895 } ss. COUNTY OF - B t
W L
I'
W J
2 m: 1
On
State, personally appeared
ndersigned, a Notary Public in and for said P- 9
I Name (Typed or Printed)
(Thir area for omcial notarial seal)
TO 447 C
(Individual)
STATE OF CALIFORNIA
COUNTY OF
} ss.
Name (Typed or Printed) I
(This area for olllcial notarial real)
~~
-
,’ -.
894
1 111.
An easement granted to Carlsbad Municipal Water District
for right of way in, upon, over, under, and across the lands here-
inafter 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
communication purposes, at such location and elevations, upon, along,
over and under the hereinafter described right of way as Grantee
may now or hereafter deem convenient and necesspry 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 across the hereinafter described lands, together
with the right to clear and keep clear said right of way from
explosives, buildings and structures. The lands in which said
easement of right of way is granted are’situated in the County.of
San Diego, State of California, and are particularly described in
that certain Grant of Right of Way recorded August 24, 1973 in the
office of the County Recorder of San Diego County, File No.
7 3 - 2 3 8 6 6 7’.
MATNARD’ PHILLIP MONETTE
DORIS MARIE MONETTE
\ ‘dHN H. MC MURRAY
ELLEN C. MC MURRAY I
896. - I.
" After Recording return to:
. P. 0. Box 1095 r, '-1 r- 5 Woodside/Kubota & ASSOC., Inc.
Carlsbad, Calif. 92008 lJqQr-- - ""
18
t"'L SUBORDINATION AGREEMENT ,i ,?
10 -8 -73
FOR VALUE RECEIVED, the undersigned, as Beneficiary under
the Deed of Trust described in. Paragraph 11, and as the owner and
holder of the obligations thereby secured does hereby make subject
and subordinate the liens thereof to the easement hereinafter
described in Paragraph 111, it being understood and agreed that
foreclosure of said Deed 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 Deed 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 Deed of Trust
described in Paragraph I1 upon the land described therein in favor
of the easement described in Paragraph I11 to which the Deed of
Trust described in Paragraph I1 is hereby subject and subordinate
-as above provided; and that it understands that in reliance upon
and in consideration of this waiyer, relinquishment and subordination.
specific monetary and 'other obligations will be entered into by
T.hird Parties which'would not be made or entered into but for said
reliance and the execution by Beneficiary of this-waiver, relinquish-
ment and subordination.
11.
A Deed of Trust dated February 1, 1973 in the amount of
83,715,000.00, executed by 2500 Navarra Investmenst, a California
Limited Partnership, as Trustor, Title Insurance and Trust Company,
a California corporation, as Trustee, in favor of Continental
Mortgage Investors, a Massachusetts Business Trust, as Beneficiary,
was recorded February 21, 1973 in the office of the County Recorder
of San Diego County as File No. 73-044414. 74-054566
. FILV?AW NO BOOK 1974
RKORDED REQUEST OF
TITLE INSURANCE i TRUST cos
STATE OF 2MWA Florida
m COUNTY OF---} ’”
5 On____ December 28 , 1E3 before me, P v‘ the undersicned, a Notary Public in and for said County and Stale,
I
0 9 personally appeared ThWB ore C. WL-_-,
A_Ss_i_stanL_.secretary of
&.camXxh- known to me to 1)e the---- 2 ,
“I
2 within Instrument, known to me ns who executed the arned. and &ihl e within
mrsuant to its by-laws or a resolution of its board of
aJ
within Ttistrument on hehalf of ! acknowledged to me that such instrument u
3 &@xa?m +rustees. 2 -.
0-i Signature-
$3 7s
u Namq (Typed or Printed) 5 Notary Puhlic in and for said County and State
1 FOR VOTARk-S€Ai,aR STAMP
-.
i I *-. .
An easement granted to Carlsbad Municipal Water District
for right of way in, upon, over, under, and across the lands here-
inafter 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
communication purposes, at such location 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 across the hereinafter described lands, together
with the right to clear and keep clear said right of way from
explosives, buildings and structures. The lands in which said
easement of right of way is granted are'situated in the County of
San Diego, State of California, and are particularly described in
that certain Grant of Right of Way recorded August 24, 1973 in the
office of the County Recorder of San Diego County, File No.
7 3 - 2 3 8 6 6 7'.
,-
DATED:
The name Continental Mortgage lnvesbrs Is the designation of the Trustees for the time teing under a declaraticn of Trust dated November 29,1961, as am?nded, and all pers-ns dea lng with Continental Ms:t:age :nvest:rs must lock -ole1 1 ts t eTrust property for the enforcement of any claim : sgain-t Continentat Mortgage Investors a; neitc.er t'-e Trustees cfficers, agents or share holders assume any personal liability for obligations en- @red on behalf of Continental Mortgage Investor%
Theodore C. ~iller, Assistant Secretary
BY:
.
,' -2-