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HomeMy WebLinkAbout; Carlsbad Summit, LLC; 1999-0662265; EasementI. RECORDING REQUESTED BY &HEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT fee as it is to the benefit of the Please record the document at no District (Gov. Code [6103].) DOC # 1999-0662265 SeP 29, 1999 2:41 PM 6548 Space above this line for Recorder's use. The undersigned grantor@) declare(s): Assessor's Parcel No. 212-092-14 Documentary transfer tax is $o.oO Project No. & Name 99-203 - CARLSBAD AIRPORT $r/ ( ) computed on full value of property conveyed, or CENTER. LOT 1 @. OWENS AVENUE & CAMINO VlDA ( ) computed on full value less value of liens and ROBLE SMI CORNER / ( ) 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. AZ& Ld \s4 WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WATER LINE EASEMENT CARLSBAD SUMMIT LLC. a California limited liability company 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 1 08/17/98 Rev. .. 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 from said facility for the purpose of constructing, operating, rs~airing, maintaining, inspecting and reconstructing said facility. 6549 The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings andlor 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 2 day of gfPc , 1 93. GRANTOR CARLSBAD SUMMIT LLC, a California limited liability company By: (sign here), BY (sign here) (title of signatory) (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. BALL. ~ENERAL COUNSEL By: CMWD 99-203 0811 7198 Rev. 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated September 3 ,fgs,from Carlsbad Summit LLC, a California limited liability company 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: September 20, 1999 CMWD 99-203 I/ I AETHA L. RAUTENKRANZ, Secretary LORRAINE M. WOOD, Deputy City Clerk 11/03/97 Rev. EXHIBIT "A" ALL THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGOCOUNTY,JULY 15,1985,MOREPARTICULARLYDESCRIBEDASFOLLOWS: BEGINNING AT THE NORTHEAST POINT OF SAID LOT 1, SAID POINT BEING THE BEGINNING OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT, ALSO BEING ON THE SOUTHEASTERLY RIGHT OF WAY OF OWENS AVENUE; THENCE ALONG SAID RIGHT OF WAY AND THE NORTHWESTERLY PROPERTY LINE OF SAID LOT 1, SOUTH 40"40'42" WEST 306.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY AND PROPERTY LINE, SOUTH 49" 19'1 8" EAST 12.00 FEET; THENCE SOUTH 40"40'42" WEST 20.00 FEET; THENCE NORTH 49"19'18" WEST 12.00 FEET TO SAID RIGHT OF WAY AND PROPERTY LINE; THENCE NORTH 40"40'42" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO J- A-25-97 JORGE H. PALACIOS, R.C.E. 32031 ,. . C.M.W.D. 99-203 -LA NEW LOT LINE , - EXHIBIT 'B' WA TERLINE EASEMENT PLA T A.P.N. 212-092-14 ?ALE: 1"=100' JP ENGINEERING, INC. JOB NO. ATE: 6-=--4? 4849 RONSON COURT, SUITE 105 C.M.W.D. 99-203 478-97 SAN DIEGO, CA 92111 PAWN: AL APRVD: JP (619) 569-7377 FAX (619) 569-0830 DWG. NO. STATE OF CALIFORNIA 1 COUNTY OF Jan Ix't 5 D 4d- On C?/J/'i9 before me, HGF DATE NAME AND TITLE OF OFFICER personally appeared A. Wy y & CC, L t06++ PI. ~r~rl, NAME@) OF SIGNER@) dersonally known to me - OR - mto be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he&e+they executed the same in 4?MWtheir authorized capacity(ies), and that by hWkr/their 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. SIGNATUHE OF NOTARY (This area for official notary seal.) Title or Type of Document GfGd O@cr 04- WCf4-6 Cht erc-lcnbl v Date of Document 4 /3 / 7 'I No. of Pages I Signer@) other than named above I 06/14/95 Rev. DOC # 1999-0662266 RECORDING REQUESTED BY SEP 29. 1999 2: 41 PM IFFIcw. RECIRDG @WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder’s use. ASSESSOR’S PARCEL NO. 212-092-14 PROJECT NO. 8 NAME: 99-203 - CARLSBAD AIRPORT CENTER.LOT 1 @. OWENS AVENUE 8 CAMINO VlDA ROBLE Slw CORNER SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT ATTACHES AND SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE THIS AGREEMENT, made this 13th day of -* , 19=, by CARLSBAD SUMMIT LLC, a Californla limited llability company, owner of the land described and hereinafter referred to as ”Owner,” and FIRST BANK 8 TRUST, a California corporation, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, CARLSBAD SUMMIT LLC, a California limited liability company did execute a deed of trust, dated JANUARY 4, 1999 to FIRST BANK 8 TRUST, a California corporation as trustee, to secure a 0811 7/98 Rev. note in the sum of ELEVEN MILLION DOLLARS [S 11,000,000. wd JANUARY 4,1999 in favor of FIRST BANK & TRUST, a California corporation recorded in the office of the County Recorder of San Diego County on FEBRUARY 25, 1999 as File No. 1999-0120060 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS dated 3 m- 1999 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement Grantee,” creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBITS “A” and “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTlEASEMENTS provided the grant of EASEMENTlEASEMENTS 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 EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENTEASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENTEASEMENTS 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 EASEMENTEASEMENTS in favor of Easement Grantee above 2 08/17/98 Rev. referred to and shall supersede and cancel, but only insofar as would affect the priority between 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 ISIARE 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 that said deed of trust has by this instrument been subordinated to the charge of the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to: Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 0611 7196 Rev. Executed this 3 day of sef4tc-t 71 Dq 1949. BENEFICIARY: ST, a California corporation / I (authorized signature) dLI 5co (name) By: (authorized signature) Executed this , ? day of 5 Ip AJM~ e , 19c. OWNER: CARLSBAD SUMMIT LLC. a California limited (authorized signhre) (name) . Its: By: (authorized signature) Its: .&-. (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) ASSISTANT TREASURER MUST SIGN FOR CORPORATIONS. OTHERWISE, THE CORPORATION MUST ATTACH A RESOLUTION CERTIFIED BY THE SECRETARY OR ASSISTANT SECRETARY UNDER THE CORPORATE SEAL EMPOWERING THE OFFICER(S) SIGNING TO BIND THE CORPORATION. IF SIGNED BY AN INDIVIDUAL PARTNER, THE PARTNERSHIP MUST AlTACH A STATEMENT OF PARTNERSHIP AUTHORIZING THE PARTNER TO EXECUTE THIS INSTRUMENT. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO. CHAIRMAN, PRESIDENT OR VICE-PRESIDENT AND SECRETARY, ASSISTANT SECRETARY, CFO OR Approved as to form: RONALD R. BALL, General Counsel By: CMWD 99-203 00/1?/90 Rev. 4 EXHIBIT "A" ALL THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGOCOUNTY,JULY 15,1985,MOREPARTICULARLYDESCRIBEDASFOLLOWS: BEGINNING AT THE NORTHEAST POINT OF SAID LOT 1, SAID POINT BElNG THE BEGINNING OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT OF WAY OF OWENS AVENUE; THENCE ALONG SAID RIGHT OF WAY AND THE NORTHWESTERLY PROPERTY LINE OF SAID LOT 1, SOUTH 40"40'42" WEST 306.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY AND PROPERTY LINE, SOUTH 49" 19'18" EAST 12.00 FEET; THENCE SOUTH 40"40'42" WEST 20.00 FEET; THENCE NORTH 49"19'18" WEST 12.00 FEET TO SAID RIGHT OF WAY AND PROPERTY LINE; THENCE NORTH 40"40'42" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO. ,6<25%?7 JORGE H. PALACIOS, R.C.E. 3203 1 :. ~ .. C.M.W.D.' 99-203 EXHIBIT '6' WA TERLINE EASEMENT PLA T A.P.N. 212-092-14 :ALE: 1 '= 100' JP ENGINEERING, INC. JOE NO. ,E: 6-S-49 4849 RONSON COURT, SUITE 105 478-97 C.M.W.D. 99-20; SAN DIEGO, CA 92111 !AM: AL APRVD: JP (619) 569-7377 FAX (619) 569-0830 OWG. NO. 6560 STATE OF CALIFORNIA 1 COUNTYOFJ~~ Die4 3 i ss. On SroC. 3 Ici4ci beforeme. Lclendte 44 ' DATE lff- NAME AND TITLE OF OFFICER personally appeared Ka d, </ + /h Zr ; SA 606~r-C /t.. uyqkj- NAME@) OF SIGNER(S) kl, personally known to me - OR - mon(s) whose name(s)islare subscribed to the within instrument and acknowledged to me that Wthey executed the same in #dber/their authorized capacityaes), and that by Wtheir signature(s) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. .. WITNESS my hand and official seal. -7 SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document s~b in 4 -+ (0, A-t-pIfetM e4 f" Date of Document ? /-?-/f 9 No. of Pages c/ Signer(s) other than named above tl <J% 8 % k /. c-rl wVJ k 06/14/95 Rev. STATE OF CALIFORNIA 1 personally appeared NAME(S) OF SIGNER@) personally known to me - OR - 0 1 person@) whose name@) ware subscribed to the within instrument and acknowledged to me that h$/&e/they executed the same in */l)er/their authorized capacity(ies). and that by */t#r/their 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 ofticial seal. SIGNATURE OFmOTARY (This area for ofticial notary seal.) - Title or Type of Document 1LbDr-Cc/nti-I~ 7t%wwn+ Date of Document , Signer@) other than named above I. 06/74/95 Rev.