Loading...
HomeMy WebLinkAboutCT 89-16; La Costa Hotel & Spa Corporation; 1992-0348009; Easement'1 2 3 4 I 5 6 7 a 9 10 11 12 13 a\ b614 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ..i.i ; . ,~ : . , , , . . LL .,,, :(I. '" . . ..~ . L~. .. .. . . . .. . ~ ~ .". PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE PIAIL TO: i~ l.,I,LLI.. :.r .)I,. ) 1 ) : . . .. '!~ i'Lb . ,~. , ,. .. ....., ., _"_ .~ . .~, ,rr~ . .,. ~. ,. , .- ~.. : ~ Carlsbad Municipal Water District ) r Engineering Department 5950 El Camino Real Carlsbad, California 92008 ) )9 1, ): ., ,. I,. , ', .' '8pace-,aWwe this line for 'R&CO~&~*~S use. Assessor I s Parcel" Go. 216-130-64. .. Project Name & No. Fairways, Grlsbad Tract 89-16 WD 82-405 DOCUMENTARY TRANSFER CWLSBAD MUNICIPAL : -, WATER DISTRICT TAX: None Board of Directors .. EASWENT ., LA COSTA , . , "_. ._*'_' ' ., 'AND SPA CORPORATION, a California Corporation ., ~, does hereby grant to CA&LSE%AD~*~&I~I~AL 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, 1 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1899 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" 1"imited to, erosion control facilities, fences,. gates, doors, 'Zoclzing d+Vii?es, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of..:. cunstructing, 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 easemht be used by tho Grantor or any other person or entity, includinq'other utilities;.whether public or private, for uses whether compatible or incampatible with the uses described herein without the exprddt3 written "approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 2 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereof. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit tlBt' attached hereto and by this reference made a part ' ' LA COSTA tioret AND SPA CORFOF3ITICN. GRANTOR: .. ,, .. ,, VICENT F. BIONW, JR. ' :' GENE OUNSEL .. By : Q-,:& (Notarial acknowledgment of executlon by GRANTOR must be attached.) CMWD 82-405 ,, w am L. 3 3/14/91 REV. I ! COUNTY OF }SS. I? I; 5 I? E to me on the basis of satisfactory evidence) to be the personls) whose named is/= subscribed to the li instrument and acknowledged to me that heisheky executed the same in his/-authorized capacity(W, 2 I g and that by hislhef/++& Signature~On the instrument the person(s) or the entity upon behalf of which the 3 j 1 g personally appeared k A~A. &K f+tt-Hm - personally known to me (or proved I ‘6 PersonMacted, executed the instrument. - nd official seal. 0 Signature (This area for dficial notarial seal) CORPORATE ACKNOWLEDGMENT NO. 202 -T/.SKELw/’ 4 personally known to me 0 proved to me on the basis of satisfactory evidence to b the person(s) who executed the within instrument as named, and acknowledged to me that the corporation executed it. J&5/0E/v 7 oron behalf of the corporation therein 1902 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, datedm191 , from- rn- California copration to the Carlsbad Municipal Water District, Carlsbad, California, a 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.^ of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized officer. DATED: EXHIBIT "A" WATER EASEMENT SHEET 1 OF 1 SHEETS A 15-FOOT STRIP OF LAND BEING A PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF, CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 SOUTH 88O 08' 11722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID BOUNDARY SOUTH 07' 35' 03" WEST 10.05 FEET TO THE NORTHERLY LINE OF A 20 FOOT WIDE WATER EASEMENT RECORDED FEBRUARY 27, 1962 AS DOCUMENT NO. 33068 OF OFFICIAL RECORDS, THENCE ALONG SAID NORTHERLY LINE SOUTH 88' 08' 40" EAST 15.07 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 07' 35' 03" EAST 10.05 FEET TO THE SOUTHERLY NORTH 88" 08' 40" WEST 15.07 FEET TO THE TRUE POINT OF BEGINNING. BOUNDARY OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY BOUNDARY 40" EAST 69.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING I C.M.W.D. 82-405 EXU/D/T . "gX , . i VICINITY MAP ' la- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO ) 1 Carlsbad Municipal Water District 1 5950 ~l Camino Real 1 Carlsbad, California 92008 ) ,, Space ahove this line for -,Recorder% use. A.P'.N. 216-130-64 CMWD NO. 82-405 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE 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 /J-day of 4. I 19% by LA CCGTA HOTEL AND SPA CORPORATION, a California Comration, hereinafter referred to as tfOwner,ll owner of the land and (Trustor) THE EVJI EIANK, LTD. (Owner) hereinafter referred to as *'Beneficiaryf1, present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, LA COSTA HOTEL AND SPA CORPORATION (Trustor) did execute a deed of trust, dated July 1 (Date) , 1988 to TICOR TITLE INSURANCE (Trustee) CCMPANY OF CALIFORNIA as trustee, covering A FIFTEEN (15) Fo3T STRIP OF LAND BEING A PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COW OF SAN DIEGO, STATE OF CALIFORNIA I (Brief Legal Description) (See Exhibit "A" & "B" for Detailed Description) 1 11/13/91 REV. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 to secure a note in the sum of One Hundred Seven Million Dollars//////// ........................ ($ 107.000,000.00 ) dated July 1 (Lien Amount) (Date) 1988, in favor of 'I'KF FUJI BANK. LTD. -. recorded in the office of the County Recorder of I. County (Beneficiary) ,sari Diego ,.' f COUritVl on July 20, 1988 , as File No. 88-351339 of Official (Date Recorded) (F/P NO.) , ~ ~ ~~~~~A I Records of said county: and WHEREAS, "ker htis executes," or is, a*out to execute, as grantor, a grant of' EASEMENT/EASEMENTS dated /J/J8/Y/ , and record@ , as Instrument No. , official records, San Diego County, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement: Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described therein and in EXHIBIT/EXHIBITS attached hereto: and WnEREAs.;", -Easenent cyantee is willi,ng to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS 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 EASEMENT/EASEMENTS 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. 2 11/13/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 1308 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 EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That' 'said EnSEMENT~SAShENTS h favor of Easement Grantee shall undonditionally 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 EASEMENT/EASEMENTS above described without this subordination agreement. , . 3. That this agreement shall be the whole and only agreement with r&ard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affe'ct'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. He consents to and approves the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, 3 11/13/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 2E 27 2f relinquishes and subordinates 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 waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEI&NIPS IS/ARE being created, and that specific momtary and other obligations are being and will be entered into by the Easement Grantee, o~ther lenders and title insurance companies which would not be made or entered into but for said reliance upon the waiver, relinquishment and subordination; and 3. This Agreement represents an endorsement fd. the note secured by'the deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge of the EASEMENT/EASEMEmS in favor of Easenlent Grantee above referred to. Exec ted by ARY this Executed b /2 2A - day of , 19x /O day BENEFICIARY: OWNER: / LA COSTA HOTEL AND SPA CORFORATION, (authorized signature) / Joint General Manager (title) By : By: (authorized signature) (authorized signature) (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 snow 4 11/13/91 REV. CORPORATE ACKNOWLEDGMENT NO. 202 €$ personally known to me 0 proved to me on the basis of satisfactory evidence to be the per$on(afwho executed the within instrument as named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. P?&S/ a€ h/ T oron behalf of the corporation therein 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 191 1 SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS WITH RESPECT THERETO. SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS Amved as to form: R and BENEFICIARY must be at CMWD 82-405 5 11/13/91 REV. 1912 . . "~ ~~ ~. ~ to me on the basis of satisfactorv evidence) to be the personally known to me (or proved person(s) whose name(s) is* subscribed to the within instrument and acknowledged to me that he/.&e&hey executed the same in his- authorized capacity(ies), and that by his personme entity upon behalf of which the person(s) * signature(s) on the instrument the acted, executed the instrument. WITNESS my hand and official - seal. ( Seal ) 10569643 EXHIBIT "A" SHEET 1 OF 1 SHEETS WATER EASEMENT 191 3 A 15-FOOT STRIP OF LAND BEING A PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF, WSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULRRLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 SOUTH 88O 08' 11722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, 40" EAST 69.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING LINE OF A 20 FOOT WIDE WATER EASEMENT RECORDED FEBRUARY 27, 1962 AS SAID BOUNDARY SOUTH 07O 35' 03" WEST 10.05 FEET TO THE NORTHERLY DOCUMENT NO - 33068 OF OFFICIAL RECORDS, THENCE ALONG SAID NORTHERLY NORTHERLY LINE NORTH 07O 35' 03" EAST 10.05 FEET TO THE SOUTHERLY LINE SOUTH 88" 08' 40" EAST 15.07 FEET; THENCE LEAVING SAID BOUNDARY OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 88" 08' 40" WEST 15.07 FEET TO THE TRUE POINT OF BEGINNING. . C.M.W.D. 82-405 VICINITY MAP " .. ._