HomeMy WebLinkAbout; Dickinson Cameron Development; 1997-0242062; Easement,I ..
.- RE~ORDING REQUESTED BY
.'
Dickinson Cameron Development
AND WHEN RECORDED,
PLEASE MAIL TO: I
Carlsbad Municipal Water District
5950 El Camino Real
Engineering Department
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
f.
r
EXEMPT 1'
1253
"- LJ 'C # 1997-0242062 23-HAY-1997 03~46 PU
OFFICIL RECORDS MN DIEGO COUNTY RECORDER'S OFFICE GREGORY SHITHI COUNTY RECOROER FEES: 0.00 NII
fee as it is to the benefit of the Please record the document at no
District (Gov. Code [6103].)
I Space above this line for Recorder's use.
The undersigned grantor@) declare(s): Assessor's Parcel No. 212-092-22
Documentary transfer tax is $o.oO Project No. & Name 96-224, Lot 21. Edison Place.
( ) computed on full value of property conveyed, or Carlsbad AirDort Center
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged. ~~P~.z
WILLIAM E. PLUdMER, District Engineer L3 \33
GRANT DEED OF WATER LINE EASEMENT
~~
DICKINSON CAMERON DEVELOPMENT, a California General Partnership
~ ~~~~~ ~ ~ ~~~~~~
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
1 01120197 Rev.
. .-
3. ~. 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, repairing, maintaining, inspecting and reconstructing said
facility.
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 "6" attached hereto and by this reference made a part hereof
ed by the Grantor this day ofk
GRANTOR
DICKINSON CAMERON DEVELOPMENT, a California General Partnership
(name of grantor)
I
(title of signatory)
(sign here)
%f?g&
(title of signatory)
APPROVED AS TO FORM:
RONALD R. BALL
GENERAL COUNSEL
(Notaria d cknowledgement of execution of GRANTOR must be attached.)
CMWD 96-224
2 01120197 Rev.
EXHIBIT "A"
AN EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES ACROSS THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15687. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE ~~~ ~~~~ .~" ..
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1989, IN BOOK OF PARCEL MAPS AT PAGE 15687, M,ORE PARTICULARLY DESCRIBED
AS FOLLOWS:
ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 66'07'22" WEST,
WEST, 22.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
20.46 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 32"30'11"
CONTINUING, SOUTH 32"30'11" WEST, 58.57 FEET; THENCE NORTH
57'29'49" WEST, 10.55 FEET; THENCE SOUTH 32'30'11'' WEST, 211.50 FEET; THENCE NORTH 57'29'49" WEST, 20.0 FEST; THSNCE NORTH
32"30'11" EAST, 228.60 FEET; THENCE NORTH 68"52'38" EAST, 51.51 FEET TO THE TRUE POINT OF BEGINNING.
BEGINNING AT THE NORTHEASTE.RLY CORNER OF SAID PARCEL 1; THENCE
EXCEPTING THEREFROM ALL THAT PORTION OF SAID PARCEL MAP NO. 15687 LYING WITHIN THE GENERAL UTILITY AND PUBLIC ACCESS EASEMENT DEDICATED THEREON.
C.M.W.D. DWG. 96-224
C.M.W.D.. DWG. 96-224
,
1257
CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real properly conveyed by the grant deed of easement, dated
19z. from DICKINSON CAMERON DEVELOPMENT. a California General Partnershio
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. 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
CMWD 96-224
06/14/95 Rev.
1258
STATE OF CALIFORNIA 1
COUNTY OF J
. ks.
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)
isQsubscribed to the within instrument and acknowledged to me that he/she/@ executed the same in hislherltheir
authorized capacity(ies), and that by his/her/@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
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-224
06/14/95 Rev.
RECORDING REQUESTED BY
Dickinson Cameron Development
AND 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].)
A.P.N.: 212-092-22
Space above this line for Recorder’s use.
Project No. & Name: 96-224. Lot 21. Edison Place.
Carlsbad AirDort Center
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
LOT 21, EDISON PLACE, CALRSBAD AIRPORT CENTER
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 AlTACHES AND HAS THE
POTENTIAL EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 3 - .d day of $k’d ,19fl,by
DICKINSON CAMERON DRIELOPMENT, a California general partnership
(Trustor/Owner)
hereinafter referred to as “Owner,” owner of the land and
BANK OF COMMERCE, a California banking corporation
(Beneficiary)
1 05/21/96 Rev
hereinafter referred to as “Beneficiary”; present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, a California aeneral DartflerShiD
DICKINSON CAMERON DEVELOPMENT,
did execute
(Trustor)
a deed of trust, dated March 14 ,1996 to STEWART TITLE COMPANY OF SAN DIEGO
as trustee, covering An easement for water utilitv and access DurDoses across that Dortion of Parcel I of Parcel
MaD No. 15687. in the Citv of Carlsbad. Countv of San Dieao. State of California. filed in the Office of the Countv
Recorder of San Dieao. Mav 30.1989. in book of Parcel MaDS at Daae 15687.more Darticularlv described in
Exhibits “A” & “8”. attached hereto and made a Dart hereof.
(Date) (Trustee)
(Brief Legal Description)
(See Exhibit “A” 8 “B for Detailed Description)
to secure a note in the sum of One Hundred TwentvSeven Thousand. Eiaht Hundred Dollars (f 127.800.00 ) dated
(Lien Amount)
March 14,
(Dated)
, 19 96 , in favor of Bank of Commerce, a California bankina corDoration recorded
(Beneficiary)
in the office of the County Recorder of San Dieao
(County)
County on March 21.1996
(Date Recorded)
as File No. 19960138419 of Official Records of said county; and
(F/P No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of
EASEMENTEASEMENTS dated 3/91/97 , in favor of the Carlsbad Municipal Water District as grantee,
hereinafter referred to as “Easement Grantee,” creating ANlTHE EASEMENTEASEMENTS more particularly described in
EXHIBITEXHIBITS “A” 8 “B” attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of
EASEMENTEASEMENTS 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 EASEMENTEASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
2 05/21/96 Rev.
EASEMENTEASEMENTS 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 EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and
agreed as follows:
1. That said EASEMENTEASEMENTS 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 EASEMENTIEASEMENTS 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
EASEMENTEASEMENTS 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 EASEMENTEASEMENTS 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTEASEMENTS is being executed and
delivered, the EASEMENTEASEMENTS 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 05/21/96 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 by the BENEFICIARY this 3r d day
of .A-n.r\ \ ,192L
BENEFICIARY:
BANK OF COMMERCE, a California banking - corporation #++ By:
(authorized si na re) V Victricia Bunting
(name)
First Vice President
._1 (title)
By: ., " 0"
,.(authorifed signature)
Bonnie J. Fago
(name)
First Vice President
(title)
OWNER:
DICKINSON CAMERON DEVELOPMENT, a California
general partnership
/ (authoripd signature)
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 lNDlVlDUAL 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 AlTORNEYS WITH RESPECT THERETO.
Approved as to form:
Ronald R. Ball, General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
4
CMWD 96-224
05/21/96 Rev.
. . ..., .
EXHIBIT "A"
AN EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES ACROSS THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15687, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1989,
AS FOLLOWS :
IN BOOK OF PARCEL MAPS AT PAGE 15687, M,ORE PARTICULARLY DESCRIBED
BEGINNING AT THE NORTHEAST~RLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1. NORTH 6hon7'77" WEST. ~~~ ~ .~ .~~~~ -, .~ " - - "
20.46 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 32"30'11" WEST, 22.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, SOUTH 32"30'11" WEST, 58.57 FEET; THENCE NORTH
57'29'49" WEST. 10.55 FEET; THENCE SOUTH 32"30'11"~WEST. 311.50
~~ ~~~
FEET; THENCE NORTH 57"29'49" WEST, 20.0 FEET; THZXCE NORTH 32"30'11" EAST, 228.60 FEET; THENCE NOXTH 68"52'38" EAST, 51.51
~~ .. " ,
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION Or" SAID PARCEL MAP NO. 15687 LYING WITHIN THE GENERAL UTILITY AND PUBLIC ACCESS EASEMENT DEDICATED THEREON.
C.M.W.D. DWG. 96-224
“6;’ I
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C.M.W.D. DWG. 96-224
ss.
On before me,
personally appeared
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshel ey executed the same in hisherltheir
authorized capacity(ies). and that by hisher ei ignature(s) on the instrument the person(s). or the entity upon behalf of
which the person@) acted, executed the instrument.
0 e
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 96-224
06/14/95 Rev.
-.
STATE OF CALIFORNIA 1 -
COUNTY OF <\ 0 rl 0, lss.
"
On 4 -3 "q.7 before me,
DATE NAME AND TITLE OF OFFICER
personally known to me - OR - '. a to be the perso@ whose name@
Nssubscribed to the within instrument and acknowledged to me that @executed the same in h&
authorized capacity@', and that by hN on the instrument the perso& or the entity upon behalf of
which the person@ acted. executed the instrument
WITNESS my hand and official seal.
IbK" , S1G.N TURE OF NOTARY I (This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-224
06/14/95 Rev.
z
_, ..
. .1 BANK OF COMMERCE SAN DIEGO, CALIFORNIA
CERTIFICATE OF CORPORATE RESOLUTION
The undersigned hereby certifies as follows:
(1) That he is the duly elected and acting assistant corporate secretary of Bank of
Commerce, a California Banking Corporation; and
(2) That according to the By-Laws of Bank of Commerce, Bonnie J. Fago, Vicuicia
Bunting and/or David H. Bamam, being duly elected officers of the Corporation. are
authorized to enter into any contract or execute any instrument in the name of and on behalf of
the Corporation in the ordinary course of business.
(3) That said By-Laws have not been modified or rescinded and are in full force and in
effect on the date hereof.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affvted the seal of the
Corporation this 11th day of April, 1997.
Executive Vice President
Chief Financial Officer
Bank of Commerce
9918 Hibert Street, Suite 101
San Diego, California 92131-1018
(seal)
"\OC # 1997-0242061 23-MtY-1997 03g46 PPI
RECORDING REQUESTED BY
Dickinson Cameron Development
AND WHEN RECORDED, PLEASE
MAIL TO
Carisbad 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 161031.)
1244
I Space above this line for Recorder's use.
A.P.N.: 212-092-22 Project No. & Name: 96-224. Lot 21. Edison Place.
Carlsbad AirDort Center
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
LOT 21, EDISON PLACE, CARLSBAD AIRPORT CENTER
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 AlTACHES AND HAS THE
YOUR SECURITY INTEREST.
POTENTIAL EFFECT OF REDUCING THE VALUE OF
THIS AGREEMENT, made this 3&day of , 19z, by
DICKINSON CAMERON DEVELOPMENT, a California general partnership
(Trustor/Owner)
hereinafter referred to as "Owner," owner of the land and
BANK OF COMMERCE, a California banking corporation
(Beneficiary)
I 05/21/96 Rev.
‘r .. . .
hereinafter referred to as “Beneficiary“; present owner and holder of the deed of trust hereinafter described;
WITNESSETH
DICKINSON CAMERON DEVELOPMENT,
THAT WHEREAS, a California aeneral DartnershiD did execute
(Trustor)
a deed of trust, dated March 14. ,1996 to STEWART TITLE COMPANY
(Date) (Trustee)
as trustee, covering An easement for water utilitv and access Durooses across that Lortion ‘of Parcel I of Parcel
Map No. 15687, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego, May 30,1989, in book of Parcel Maps at page 15687, more particularly described in
Exhibits “A” & “B”, attached hereto and made a part hereof.
(Brief Legal Description)
(See Exhibit “A” & “B” for Detailed Description)
to secure a note in the sum of One Million. One Hundrsd Twentv-One Thousand Dollars ($1.121.000.00 ) dated
(Lien Amount)
March 14, , 19x. in favor of BANK OF COMMERCE. a California bankina comoration recorded
(Dated) (Beneficiary)
in the office of the County Recorder of San Dieao County on March 21.1996
(County) (Date Recorded)
as File No. I9964138423 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 3/3!/Q, , in favor of the Carlsbad Municipal Water District as grantee,
hereinafter referred to as “Easement Grantee,” creating AN/THE EASEMENTlEASEMENTS more particularly described in
EXHIBITEXHIBITS “A” & “B” attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS 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 EASEMENnEASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
2 05/21/96 Rev.
’ EASEMENTIEASEMENTS and Beneficiary is willing that the grant of EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS above referred to, it is hereby declared, understood and
agreed as follows:
1. That said EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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
referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and
EASEMENTEASEMENTS 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 EASEMENnEASEMENTS 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 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 titie insurance companies which would not be
made or entered into but for said reliance upon the subordination; and
3 05/21/96 Rev.
,' .. 1287
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 EASEMENTlEASEMENTS in favor of
Easement Grantee above referred to.
Executed by the BENEFICIARY this 3 rci
of PP c\ \ I19LcL day
BENEFICIARY:
BANK OF COMMERCE, a California banking
corporation
By:
Victricia Bunting W
(name)
First Vice President
(title) ..
Bonnie J. Fago
(name)
First Vice President
(title)
OWNER:
DICKINSON CAMERON DEVELOPMENT, a California
general partnership
(name)
..
By: H7Hr
I ' (name)
(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
J
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
4
CMWD 96-224
05/21/96 Rev.
EXHIBIT "A"
AN EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES ACROSS THAT
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE PORTION OF PARCEL 1 OF PARCEL MAP NO. 15687, IN THE CITY OF
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1989,
AS FOLLOWS: IN BOOK OF PARCEL MAPS AT PAGE 15687, M.0RE PARTICULARLY DESCRIBED
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1. NORTH 66'07'22'' WEST. 20.46 FEET; THENCE, LEAVING SAID NORTHERL~ LINE, SOUTH 32'301i1" ~~ ~
WEST, 22.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, SOUTH 32"30'11" WEST, 58.57 FEET; THENCE NORTH 57'29'49" WEST, 10.55 FEET; THENCE SOUTH 32"30'11" WEST. 211.50 FEET; THENCE NORTH 57'29'49" WEST, 20.0 FEET; THENCE NORTH 32"30'11" EAST, 228.60 FEET; THENCE NORTH 68"52'38" EAST, 51.51 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID PARCEL MAP NO. 15687 LYING WITHIN THE GENERAL UTILITY AND PUBLIC ACCESS EASEMENT DEDICATED THEREON.
C.M.W.D. DWG. 96-224
I
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C.M.W.D. DWG. 96-224
c .. ..
personally appeared
personally known to me - OR - ’. proved to me on the basis of satisfactory evidence to be the person@) whose name(s)
i@subscribed to the within instrument and acknowledged to me that he/she@executed the same in hislherltheir
authorized capacity(ies), and that by hisiher@nature(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.
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-224
06/14/95 Rev.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEME@;jI
State of California
county of -5?h 0 I P/4x,
On Y /
3.- , before me, I. 4 .
(Notary Public)
personally appeared \!~ch Lf LC .. .In+, rlc, &.VI& BO.*nl;e. J -/ k41 ci 3 0 J
pS personally known to me
0 or proved to me on the basis of satisfactory evidence
to bz@q within instrument and acknowledged
to me tha &/a /thT xecute capacim, and that by
&/ /theTsignatur s on the upon behalf of which the
perso s acted, executed the instrument.
WITNESS my hand and official seal.
Lnp
Signaturs of the'rjotad
O€"l"IONAL:
Capacity Claimed by Signer:
0 Individual % corporate Officer
0 Other
Type of Document:
TitlelType of Document:
Number of pages
'I .
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BANK OF COMMERCE
SAN DIEGO, CALIFORNIA
CERTIFICATE OF CORPORATE RESOLUTION
The undersigned hereby certifies as follows:
(1) That he is the duly elected and acting assistant corporate secretary of Bank of
Commerce, a California Banking Corporation; and
(2) That according to the By-Laws of Bank of Commerce, Bonnie J. Fago, Victricia
Bunting and/or David H. Bartram, being duly elected officers of the Corporation, are
authorized to enter into any contract or execute any instrument in the name of and on behalf of
the Corporation in the ordinary course of business.
(3) That said By-Laws have not been modified or rescinded and are in full force and in
effect on the date hereof.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the
Corporation this 11th day of April, 1997.
Executive Vice President
Chief Financial Officer
Bank of Commerce
9918 Hibert Street, Suite 101
San Diego, California 92131-1018
(seal)