HomeMy WebLinkAbout; Carlsbad Associates #1, LP; 1999-0353554; EasementRECORDING REQUESTED BY
Carlsbad Associates #I, L. P.
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real
Engineering Department
Carlsbad. California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
fee 8s it is to the benefit of the
Please record the document at no
District (Gov. Code 161031.)
10946
DOC # 1999-0353554
FEES: 0.W 06: 164
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO
Assessor's Parcel No. 212-130-03
( ) computed on full value of property conveyed, or
Project No. 8, Name 96-244. Parcel 3 of Parcel MaD No.
( ) computed on full value less value of liens and
17830, Carlsbad Research Center Unit 5, (Tavlor Made)
( ) Unincorporated area: (x) City of Carlsbad , and
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
. \.CII WILLIAM E.
GRANT DEED OF WATER LINE EASEMENT
CARLSBAD ASSOCIATES #I, L. P., a Colorado limited partnership, doing business in California as
MG I ZB Carlsbad Associates #I, L. P.
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water
Act of 191 1, and a Subsidiary District of the City of Carlsbad, 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
1 0811 7/98 Rev.
i .. 10947 . devices, 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 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 A?/&&
199
GRANTOR
CARLSBAD ASSOCIATES #I, L. P., a Colorado
limited partnership, doing business in California as
MG I ZB Carlsbad Associates #I, L. P.
(na- of grantor)
By:
Mgn'here)
A,,J x,,.L
(title of signdory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
RONALD R. BA
By: CMWD 96-244
0811 7/98 Rev. 2
-* 10948
61.t.do &
STATE OF mIA 1
COUNTY OF b-vd
personally appeared kk!u 0 i%q/gd, &q 4MLE
NAME(S) OF SIGNER(S)
pd personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose
name@) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hislherltheir authorized capacity(ies), and that by hidhedtheir signature(s) on the instrument the person@), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Title or Type of Document G~#7- D&4 of /&.E& L/d.€ Efit%.%%T
DateofDocument ha& /? /qLiq No. of Pages 6
Signer@) other than named above
06/14/95 Rev.
10949
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 17830, IN THE CITY OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 21, 1997, BEING A STRIP OF
CARLSBAD, COUNM OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE CORNER COMMON TO PARCELS 2 AND 3 OF SAID PARCEL MAP NO.
SAID CORNER BEING ON A CURVE CONCAVE S0UTHERL.Y HAVING A RADIUS OF 60.00
FEET (A RADIAL LINE TO WHICH BEARS NORTH 5O4633 WEST); THENCE EASTERLY
22O2627" AN ARC DISTANCE OF 23.50 FEET TO THE TRUE POINT OF BEGINNING;
NORTHB32'32" EAST 46.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"A"; THENCE NORTH W1232 EAST 27.65 FEET; THENCE NORTH 3"47'28" WEST 164.81
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "8"; THENCE SOUTH 73O1929
FEET; THENCE NORTH 48"3604" EAST 32.74 FEET; THENCE SOUTH 73'1929 EAST 89.55
3O47'28 EAST 4.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C";
EAST 126.10 FEET; THENCE SOUTH 9O07'12 WEST 120.'53 FEET; THENCE SOUTH
THENCE SOUTH 7"08'04" WEST 41.57 FEET;_ THENCE NORTH 82O51'56" WEST 108.37
THENCE SOUTH 3O47'28" EAST 157.89 FEET; THENCE SOUTH 16O07'20 EAST 49.51 FEET;
WEST 75.20 FEET TO A POINT HEREINAFTER REFERRED f0 AS POINT "E"; THENCE
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D; THENCE NORTH 8231'56"
17830 ON THE NORTHERLY RIGHT-OF-WAY LINEOF THE CUL-DE-SAC OF FERMI COURT,
ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF
THENCE LEAVlffi SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID CENTERLINE
WESTERLY LINE BEING THE EASTERLY RIGHT-OF-WAY LINE OF FERMI COURT (72.00
NORTH 82"51'56" WEST 76.97 FEET TO THE WESTERLY LINE OF SAID PARCEL 3, SAID
FEET WIDE).
ALL ANGLE POINTS AND LOT LINES TO CREATE CONTINUOUS AND FULL EASEMENT
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
WIDTH AT ALL INTERSECTING COURSES AND CURVES.
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 3'47'28 EAST
32.65 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B; THENCE NORTH 16"40'31" EAST
18.63 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 86'12'32 EAST
14.00 FEET TO A POINT OF TERMINATION.
24.50 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 7"0804 EAST
BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 7"08'04" EAST
21.50 FEET TO A POINT OF TERMINATION.
K
\
ARN. 2/2-/30- 03
.
.I
10951
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
March 17 , 1999, from CARLSBSAD ASSOCIATES #I. L. P.. a Colorado limited
partnershiD. doina business in California as MG / ZB Carlsbad Associates #I, L. P.. to the Carlsbad
Municipal Water District, Carlsbad, California, pursuant to the 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. 996 of the Carlsbad
Municipal Water District adopted on September 9. 1997, and the grantee consents to recordation thereof
by its duly authorized officer.
DATED: Mav 11. 1999
I AmA L. dBIITbdKRI&j. Secretarv - -~
KAREN R. KUNDTZ, Assistant Secretary CMWD 96-244
1 1/03/97 Rev.
RECORDING REQUESTED BY
Carlsbad Associates #1, L. P.
DOC # 1999-0353555
MFlY 24. 1999 4~59 PM
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
qp Please record the document at no fee as it is to the
/i IF benefit of the District (Gov. Code (61031.)
FEES: 0.00
, \, .
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 212-130-03
PRQJECT NO. & NAME: 96-244. Parcel 3 of Parcel MaD No. 17830.. Carlsbad Research Center Unit 5. (Tavlor Made)
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
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 fl&# /9 ? 4 , 19-, by CARLSBAD ASSOCIATES #1, L. P.,
a Colorado limited DartnershiD. doina business in California as MG / ZB Carlsbad Associates #l. L. P., owner of the land
described and hereinafter referred to as "Owner," and US. BANK NATIONAL ASSOCIATION. a national banking
association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;"
.r
WITNESSETH
THAT WHEREAS, CARLSBAD ASSOCIATES #I. L. P.. a Colorado limited DartnerShiD. doina business in
California as MG / ZB Carlsbad Associates #I. L. P., did execute a deed of trust, dated November 2, 19% to FlRST
AMERICAN TITLE INSURANCE COMPANY. a California corDoration as trustee, to secure a note in the sum of Ten
0811 7/98 Rev.
.
Million. Five Hundred Thousand Dollars CSl0.500.000) dated November 2. 1998 in favor of US. BANK NATIONAL
ASSOCIATION, a national bankina association recorded in the office of the County Recorder of San Diego County on
November 3. 1998 as File No. 1998-0716990 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated
u lfl /flf in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement
Grantee,” creating ANiTHE EASEMENT/EASEMENTS more particularly described in EXHlBlTlEXHlBlTS “A” & “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 EASEMENnEASEMENTS 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.
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 EASEMENTEASEMENTS 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 EASEMENT/EASEMENTS 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 EASEMENT/EASEMENTS in favor of Easement Grantee above
2 08/17/98 Rev.
10954
referred to and shall supersede and cancel, but only insofar as would affect the priority behveen the deed of trust and
EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and
delivered, the EASEMENTIEASEMENTS 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
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
3 0811 7/98 Rev.
3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned
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 this IS* day of
193%.
NARctf
BENEFICIARY:
U.S. BANK NATIONAL ASSOCIATION, a national
By:
By:
(authorized signature)
Executed this / 7 day of ,&f c-4 fl
19*.
)c
OWNER:
CARLSBAD ASSOCIATES #I, L. P.. a Colorado limited
partnership, doing business in California as MB / ZB
Carlsbad Asmes, L. P.
By: 42 f&2"
(authbheckighature)
(name)
By: ( (authorized signature)
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
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
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
By:
CMWD 96-244
08/17/98 Rev. 4
.
10956
STATE OF 1
COUNTYOF uw 1 '"
..
On 15,lqqq before me, DATE NAME AND TITLE OF OFFICER
'3
personally appeared (7 -
NAME@) F'SIGNER(S)
wpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name@) 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(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
(This area for official notary seal.)
t..j;Qlvlj~p 0d.k 10 -26 -02-
-
Title or Type of Document c hnvA;e*- ,A wornhd- '
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-244
06/14/95 Rev.
1095'7
COUNTY OF Oe-4 i ss.
On Ad 17, /99f before me,
DATE NAME ANDTITLE OF OFFICER
personally appeared &L
NAME(S) OF SIGNER(SY
/$ipersonally known to me - OR - 0 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@) on the instrument the person(s). or the entity
upon behalf of which the person(s) acted, executed the instrument.
., ....
!,& &nnmissimExplres June 28,2000
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-244
06/14/95 Rev.
10958
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 17830, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 21.1997, BEING A STRIP OF
LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE CORNER COMMON TO PARCELS 2 AND 3 OF SAID PARCEL MAP NO.
SAID CORNER BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 60.00
FEET (A RADIAL LINE TO WHICH BEARS NORTH 5"4633" WEST); THENCE EASTERLY
22"26'27" AN ARC DISTANCE OF 23.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID CENTERLINE
NORTH 86"12'32 EAST 46.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A; THENCE NORTH 86O12'32 EAST 27.65 FEET; THENCE NORTH 3"47'28 WEST 164.81
FEET; THENCE NORTH 48"3604 EAST 32.74 FEET; THENCE SOUTH 73"1929 EAST 89.55
FEET TO A POINT HEREINAFTER REFERRED TO AS P0lNT"B; THENCE SOUTH 73"1929
EAST 126.10 FEET; THENCE SOUTH 9"07'12 WEST 120.53 FEET; THENCE SOUTH
3"47'28 EAST 4.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C";
THENCE SOUTH 3"47'28 EAST 157.89 FEET; THENCE SOUTH 16"07'20 EAST 49.51 FEET;
THENCE SOUTH 7"08'04 WEST 41.57 FEET; THENCE NORTH 82"51'56 WEST 108.37
WEST 75.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E; THENCE
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D; THENCE NORTH 82"51'56
WESTERLY LINE BEING THE EASTERLY RIGHT-OF-WAY LINE OF FERMI COURT (72.00
NORTH 8251'56 WEST 76.97 FEET TO THE WESTERLY LINE OF SAID PARCEL 3, SAID
FEET WIDE).
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS AND LOT LINES TO CREATE CONTINUOUS AND FULL EASEMENT
WIDTH AT ALL INTERSECTING COURSES AND CURVES.
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A; THENCE SOUTH 3"47'28 EAST
17830 ON THE NORTHERLY RIGHT-OF-WAY LINEOF THE CUL-DE-SAC OF FERMI COURT,
ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF
32.65 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B; THENCE NORTH 16"4031" EAST
18.63 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 86"12'32 EAST
14.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 7"08'04" EAST
24.50 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE
21.50 FEET TO A POINT OF TERMINATION.
MENTIONED POINT
APN. 2/2-/30- 03
., ..
SCALE I"= 80' SPEAR & ASSOCIATES, INC.
DATE 7-2-9
DRN. D.i? CU. R.5.
JOB NO.
CNlL ENGINEERINO 6 LAND SURVEYING
1115E.PENNSYLVANIAAVE .ESCONDIW,CA92025
97- /85
DWQ No., mwQ -36-244 m-ma - FAX gso) 737-7274