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HomeMy WebLinkAbout; EGLL Development, LLC; 1999-0465642; Easement. - Recorded at Request of .. :' ' , First American Titlz C & I Dcpt .w EGLL Development. LLC AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad. California 92008 .. ,Y DOC # 1999-0465642 Jul 02s 1949 4258 PPI 10465 SW DIEQI UWNTV RECORDER'S OFFICE GREGORY 3. SHITH, CWKpl REwRDRl FEES: 0.0 oc: MAIL TAX STATEMENTS TO: EXEMPT 1090-0465642 ease record the document at no e as it is to the benefit of the District (Gov. Code [6103].) /L%?370- U Space above this line for Recorder's use. The undersigned grantor(s) declare@): Assessor's Parcel No. 212-120-13-00 Documentary transfer tax is $S Project No. 8 Name 98-215. Lot 63. Carlsbad ( ) computed on full value of property conveyed, or Research Center. US. Loaics Buildina at Aston ( ) computed on full value less value of liens and Avenue ( ) Unincorporated area: (x) City of Carisbad , and encumbrances remaining at time Of Sale. FOR A VALUABLE CONSIDERATION. CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. warn GRANT DEED OF WATER LINE EASEMENT EGLL DEVELOPMENT, 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. reconslmct. 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 08/17/96 Rev. 1 " 10466 . ' 'dkuiees; 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 "B" anached hereto and by this reference made a part hereof. Executed by the Grantor this of oL4 'Y , 'V GRANTOR EGLL DWELOPMENT. LLC. WS( &\ k- (title of signatory) 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 WLL. GENERAL COUNSEL By: JANE MOBALDI. Assistant General Counsel CMWD 98-215 2 08/17/98 Rev. 10467 EXHIBIT "A" WATER LINE EASEMENT C.R.C. LOT 63 CMWD 98 - 215 AN EASEMENT FOR WATERLINE PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT OVER, UNDER, ACROSS AND THROUGH THOSE PORTIONS OF LOT 63 OF CARLSBAD TRACT NO. 85 - 24, UNIT NO. 4 [CARLSBAD RESEARCH CENTER], IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1181 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 63 OF MAP NO. 1181 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987, THENCE NORTHEASTERLY ALONG A 1036 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY. A DISTANCE OF 93.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS N1833'19E, TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF A 20 FOOT EASEMENT, THE SIDELINES OF SAID EASEMENT BEING 10 FEET TO EACH SIDE OF THE DESCRIBED CENTERLINE; THENCE S2&1'55'W, 10.04 FEET TO THE START OF A 1046 FOOT NORTHWEST CONCAVE CURVE, A RADIAL LINE THROUGH SAID POINT BEARS S1&3'16W; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY CONCAVE CURVE A DISTANCE OF 60.00 FEET THROUGH A CENTRAL ANGLE OF 33i7'12"; THENCE RETRACING SAID CURVE IN A SOUTHWESTERLY DIRECTION THE SAME DISTANCE OF 60.00 FEET; THENCE S2981'55'Ww, 7.46 FEET; THENCE S6*1'55'W, 43.67 FEET; THENCE S2481'55'WW, 297.15 FEET: THENCE N65?3805'W, 42.00 FEET; THENCE S2&1'55'W, 30.00 FEET; THENCE RETRACING THE LAST COURSE N2481'55"E, 30.00 FEET; THENCE NSSctj805'W, 20.00 FEET TO THE END OF SAID EASEMENT AND TO ITS INTERSECTION WITH THE WESTERLY BOUNDARY OF THE AFOREMENTIONED LOT 63. THE SIDELINES OF THE HEREIN DESCRIBED EASEMENT SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL EASEMENT WIDTH AT ALL INTERSECTING COURSES AND CURVES. LT63ESMT APN 212- 126- I3 CMWD 98-215 10469 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated June 16 , 19~. from EGLL DEVELOPMENT. LLC. a California limited liabilitv comDany 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, Carisbad. California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9. 1997. and the grantee consents lo recordation thereof by its duly authorized officer. DATED: June 30, 1999 CMWD 98-215 11/03/97 Rev. 10470 STATE OF CALIFORNIA A 1 " personally appeared roved to me on the basis of satisfactory evidence to be the penon(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisher/their authorized capacity(ies). and that by hishedtheir 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.) A Title or Type of Document I Date of Document \o\\\a\ No. of Pages Signer@) other than named above a L 06/14/95 Rev. 110471 DOC # 1999-0465643 JUL 02s 1999 4Z58 PM AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Carnino Real Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code 161031.) Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 212-120-13-00 Center, U.S. Loaics Buildina at Aston Avenue PROJECT NO. 8 NAME 98-215. Lot 63. Carlsbad Research SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT AlTACHES AND SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this - day of , 19-. by EGLL DEVELOPMENT. LLC. a California limited liabilitv company, owner of the land described and hereinafter referred to as "Owner." and lNMC MORTGAGE HOLDINGS. INC.. a Delaware corDoration DBA CONSTRUCTION LENDING CORPORATION OF AMERICA, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as 'Beneficiary;" WITNESSETH THAT WHEREAS, EGLL DEVELOPMENT. LLC. a California limited liability comDany did a deed of trust, dated November 26, 19s to FIRST AMERICAN TITLE INSURANCE COMPANY. a California corDoration, as trustee, to secure a note in the sum of to secure Derformance under the Buildina Loan Agreement and amounts due there 08/17/98 Rev. 10472 dated N- in favor of INMC MORTGAGE HOLDINGS. INC.. A Delaware CorDoration DBA CONSTRUCTION LENDING CORPORATION OF AMERICA recorded in the ofice of the County Recorder of San Diego County on November 26.1997 as File No. 19974599727 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee." creating ANKHE EASEMENTEASEMENTS more particularly described in EXHlBlT/WHlBlTS "A" 8 "8" 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 EASEMENTlEASEMENTS created in favor of Easement Grantee; and WHERmS, it is to the mutual beneft of the parties hereto that Easement Grantee accept said EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENTE4SEMENTS 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 EASEMENTlEASEMENTS above referred to. it is hereby declared, understood and agreed as follows: 1. That said EASEMENTI-SEMENTS 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 tmst 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 EASEMENT/EASEMENTS in favor of Easement Grantee above 2 08/17/96 Rev. .. . . .. . . 10473 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 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 3 0811 7/98 Rev. .. . . ,. 10474 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 EASEMENnEASEMENTS in favor of Easement Grantee above referred to: Executed this 18$" day of 19%. BENEFICIARY corporation DBA CONSTRUCTION LENDING INMC MORTAGE HOLDINGS, INC., a Delaware CORPORATION h OF A-A By: - By: (authorized signature) (name) Its: (title) fk Executed this /6 day of a+ 19%. OWNER: EGLL D-MLOPMENT, a California limited liability By: (authorized signature) (name) Its: (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 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 INDlViDUAL 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 RXLL, General Counsel By: JANE MOBALDI, Assistantpeneral Counsel 7 CMWD 98-215 06/17/98 Rev. 10475 EXHIBIT "A" WATER LINE EASEMENT C.R.C. LOT 63 CMWD 98 - 215 AN EASEMENT FOR WATERLINE PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT OVER, UNDER, ACROSS AND THROUGH THOSE PORTIONS OF LOT 63 OF CARLSBAD TRACT NO. 85 - 24, UNIT NO. 4 [CARLSBAD RESEARCH CENTER], IN THE CITY OF CARLSBAD, COUNM OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1181 1. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 63 OF MAP NO. 1181 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. COUNTY, MAY 19,1987, THENCE NORTHEASTERLY ALONG A 1036 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A DISTANCE OF 93.00 FEET, A RADIAL LINE THROUGH SAD POINT BEARS NlW19E, TO THE TRUE POINT OF BEGINNING OF ME CENTERLINE OF A 20 FOOT EASEMENT, THE SIDELINES OF SAID EASEMENT BEING 10 FEET TO EACH SIDE OF THE DESCRIBED CENTERLINE; THENCE S24%1'5SW, 10.04 FEET TO THE START OF A 1046 FOOT NORTHWEST CONCAVE CURVE, A RADIAL LINE THROUGH SAID POINT BEARS Sl$s6'16'W; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY CONCAVE CURVE A DISTANCE OF 60.00 FEET THROUGH A CENTRAL ANGLE OF 3"i71",; THENCE RETRACING SAID CURVE IN A SOUTHWESTERLY DIRECTION THE SAME DISTANCE OF 60.00 FEET; THENCE S2&1'55'W, 7.46 FEET; THENCE S6&)1'55'W, 43.67 FEET; THENCE S2401'55"W, 297.15 FEET; THENCE N65%8'05'WW, 42.00 FEET; THENCE S2&1'55'W, 30.00 FEET; THENCE RETRACING THE LAST COURSE N2401'55"E. 30.00 FEET; THENCE N65%805'WW, 20.00 FEET TO THE END OF SAID EASEMENT AND TO ITS INTERSECTION WITH THE WESTERLY BOUNDARY OF THE AFOREMENTIONED LOT 63. THE SIDELINES OF THE HEREIN DESCRIBED EASEMENT SHALL BE PROLONGED OR SHORTENED TO CREATE CONTlNUOUS AND FULL EASEMENT WIDTH AT ALL INTERSECTING COURSES AND CURVES. LT63ESMT t + . APN 212- 126- I3 c .. 10477 STATE OF CALIFORNIA 1 I personally known to me - OR me on the basis of satisfactory evidence to be the personNwhose namedis/afksubscribed to the within instrument and acknowledged to me executed the same in &er/th#authorized capacity$and that b&er/@ignaturey(non the instrument the upon behalf of which the person~cted. executed the instrument. . / WITNESS my hand_and omcial seal. (This area for T) official notary Title or Type of Document Date of Document Signer(s) other than named above CMWD 06/14/95 Rev. STATE OF CALIFORNIA 1 10478 personally appeared v Tt>un\h \h\W NAME(S) OF SIGNER(S) 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 his/her/their authorized capacity(ies), and that by his/her/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. (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above CMWD 98-215 /i , 0611 4/95 Rev.