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HomeMy WebLinkAbout; LMX La Costa, Inc.; 1994-0218186; Easement1 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 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: ;/ ) Carlsbad Municipal Water District ) Engineering Department 1 5950 ~l camino Real ) , ,' Carlsbad, California 92008 I-, )".' Space 'above this line for Recorder's use. Assessor s Parcel No. 215-240-50 Project Name. & NO. ~a costa vdey Terrace 85-601.40 DOCUMENTARY TRANSFER CARLSBAD MUNICIPAL WATER DISTRICT TAX: None EASEMENT L>S 3 TAX LA CCGTA, INC.',' a me corporation 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, 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 2e 329 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 limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include B 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.&tructures 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. /// /// /// /// /// /// /// /// /// /// 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 28 330 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit IIBgl attached hereto and by this reference made a part hereof. . .I ,, ., this , GRANTOR: By: \ Gign .here)" By : (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 85-601.50 3 3/14/91 REV. CAPACITY CLAIMED BY SIGNER Thaugh stah~te does not require the Notaw lo fill in the data below, doing so may Prove inmluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) No. 5193 ,- .* On- before me, NAME, a. TITLE OF * 0FFICERVE.G.. 'JANE DOE, NOTARY fUBLIC personally appeared & k;M 17 personally known to me -OR - dproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- the same in his/her/their authorized knowledged to me that he/she/they executed capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. c NAME(S)OFSIGNER(S) NUMBER OF PAGES DATE OF DOCUMENT e1992 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Awe., P.O. Box 7184 * Caqa Park, CA 913047184 " ~" 0 PARTNEWS) 0 LIMITED n GENERAL 0 ATrORNEY-IN-FACT - 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTITYIIES) 1 on- before me, Diana C. Pascoe A A ,. NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC ~ personally appeared " "" OF SIGNERIS) 0 personally known to me - OR -mroved to me on the basis of satisfactory evidence to be the personN whose name(# is/- subscribed to the within instrument and ac- knowledged to me that%he/they executed the same in %/her/- authorized capacity- and that by*/her/tReir signature@) on the instrument the personi, or the entity upon behalf of which the persowacted, executed the instrument. - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the NOW 10 fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) I KN WLEDGMENT No. 5193 184 0 PARTNER(S) 0 LIMITED 0 GENERAL ~ 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITYIIESI I OPTIONAL SECTION ~ -THIS CERTIFICATE MUST BE AmACHED TO TITLE OR TYPE OF DOCUMENT I THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT I Though the data requested here is not required by law, I it could prevent fraudulent reanachment of this form. SIGNER@) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION * 8236 Remmel Ave., P.O. BOX 7184. Canaga Park. CA 913047 CERTIFICATION OF ACCEPTANCE OF DEED This is to cekh that the intemst in malpmpew conveyed by the gmnt deed or easement, dated 1/28/94 ,fnm, IMX LA CfXT.4, A Delaaare Corporatbll, totheCkrLFbadMunicipal WaterDistrict, CarLFbd Calgomia, a Municipal Water Distria Act of 1911, as amended, is hereby accepted by the undersigned oer or agent on behalf of the Carlsbad Municipal Water District, Wbd Galgomia, pursuant to authority confemd by Resolution NO.^ of the CarLFbad Municipal Water District adopted on January 28,1992, and the grantee consents to meombtion themof by its duly authorized opr. Q+WD 85-601.40 4 333 LEGAL DESCRIPTION QENERAL UTILITY AND ACCESS EASEMENT PROJECT NUMBER: C.Y.lf.D.85-C.40 BEING AN EASEMENT OVER, UNDER, ALONG, AND ACROSS A PORTION OF LOT ~11~~ OF CARLSBAD TRACT NO. 85-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12590, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MARCH 28; 1990, THE LOCATION OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST TERMINUS OF THAT CERTAIN COURSE OF THE "GENERAL UTILITY AND ACCESS EASEMENT" SHOWN ON SAID MAP NO. 12590 THAT IS DESCRIBED THEREON AS "NORTH 33O25'11" WEST 96.06 I *I; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF THE SOUTHWESTERLY PORTION OF SAID EASEMENT SOUTH 33O25'11" EAST 66.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 56°34*4911 EAST 40.00 FEET; THENCE SOUTH 33O25'11" EAST 10.00 FEET; THENCE SOUTH 56O34'49" WEST 40.00 FEET TO THE INTERSECTION WITH SAID NORTHEASTERLY BOUNDARY; THENCE ALONG SAID BOUNDARY NORTH 33'25'11" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 400 SQUARE FEET, MORE OR LESS. John W. Hill, Jr. L.S. 5669 992-2X H&A San Diego MA: ma wp:lega1506 rev:7-15-92 .i .. , - PORTION OF WESTERLY BOUNDARY OF MAP NO. 12590 \ .. .. , . . .. . - 3 3'5 .. LOCATION MAP VICINITY MAP GRANT OF A GENERAL - PROJECT EXHIBIT NUHBER a TILITY AND ACCESS EASEMENT C.T.86-C.40 1 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 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). WHEN RECORDED, PLEASE MAIL TO RECORDING REQUESTED AND Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 pace above this line for ecarder's use. A.P.N',;,215-240-50 CMWDNo.. 85-601.40 ,. SUBORDINA?l'ION AGREEMENT NOTICE: THIS SUBORDINATIONAGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH AND BAS THE POTENTIAL EFFECT OF YOUR SECURITY INSTRUWENT ATTACHES REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this $2 'day of-, LMX LA COSTA INC., a Delaware Corporation (Trustor) hereinafter referred to as llOwner.ll owner of the land and TAIPEIBANK I Owner) hereinafter referred to as "BeneficiaryIt, present owner and holder of the deed of trust hereinafter described: . - I WITNESSETH THAT WHEREAS, LMX LA COSTA INC. c jrn d,. kfsd 1 (Trustor) did execute a deed of trust, dated October 1 , 192 to Stewart Title Company (Date) (Trustee) of San Dieso astrustee, covering Portion of Lot 1, Carlsbad Tract 85-28, Map No. 12590, La Costa Valley Terrace , (Brief Legal Description) (See Exhibit "A" & "B" for Detailed Description) 1 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 337 ///////////////////1($ 2.500.000.00 ) dated October 1 , (Date) 1993, in favor of TAIPEIBANK in the off ice Of the County Recorder of San Dieqo (Beneficiary) ' recorded County (County) ~ on October 8. 1993 , as File No. 1993 0670973 of Official Records of said county; and (Date Recorded) - (F/P No.) 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 IIEasement Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS - & OR** attached hereto: and WHEREAS, Easement Grantee is willing 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. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, 2 3/26/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 335 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 EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionaliy 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 referred to and shall supersede and cancel, but only insofar as would affect 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, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of 3 3/26/91 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 28 333 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/EASEMENTS IS/ARE 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 waiver, relinquishment and subordination; and 3. An endorsement has been placed upon 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 fO& day of rfizcvLtlL , 19& m:z$t?T&y , 19% Executed by the BENEFICIARY this R this BENEFICIARY: OWNER : TAIPEIBAHK. - LUX LA 9eS9.n-C. , flehware corporati& By : By: , \Cauthozbized signature)- (authorized signature) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS W 4 3/26/91 REV. . personally appeared Yeh Hsu ----------- NAMEIS) OF SIGNERIS) personally known to me -OR - &roved to me on the basis of satisfactory evidence to be the personN) whose namw is/- subscribed to the within instrument and ac- the same in hh/her/fheir authorized knowledged to me thatldsheftkey executed capacitm and that byhLher/tw signature($ on the instrument the person(+, or the entity upon behalf of which the person&) acted, executed the instrument. CAPACITY CLAIMED BY SIGNER Though statute does not require the NOW t0 fill in the data below, doing so may prove inwluable m persons relying MI the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) NO. 5193 TITLE@) 0 PARTNER(S) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACl - 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTWIIES) .. OPTIONAL SECTION slwuebot+e)etary ' THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT #. Thou h the data uested here is not re uired b law, a1992 NATIONAL NOTARY ASSOCIATION * 8238 Remmet Ave.. P.O. Box 7184 Canoga Park, CA 91209-7 184 :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 51 State of County of - OPTIONAL SECTION - * On- DATE before me,h NAME, 7 .. TITLE f bF kmd4.0. OFFl&R - E.G., "JANE h&Ad WE. NOT@ PUBLIC' personally appeared NAMEIS) OF SIGNERIS) 0 personally known to me - OR - wproved to me on the basis of satisfactoty evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I L 4. e. SIGNANRE OF ~OTARY I CAPACITY CLAIMED BY SIGNER Though stawte dws not require the Notary to till in the data below, doing so may prove imluable to p~ns relyiw on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT ~~ 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR NPE OF DOCUMENT -& dd THE DOCUMENT DESCRIBED AT RIGHT Though the data requested here is not required by law, it could prevent traudulent reattachment of this form. SIGNEWS) OTHER THAN NAMED ABOVE , NUMBER OF PAGES DATE OF DOCUMENT ' 01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet AYB., P.O. Box 7184 Canoga Park. CA 91309.71 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5 . State of - A, 8 . R. , yn' 1 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER county of Lo5 @@e5 341 Though statule does not require the Notary to fill in lhe data below, doing so may prove invaluable to penons relying on the dwment. On 3 /''//yyq DATE before me, #IeK ;&,,x A& pLh),.c , NAME, TITLE OF OFFIG& - E.G., "JANE OOE, NdTARY PUBLIC 0 INDIVIDUAL personally appeared A'' NAMEIS) OF Sk$NER(Sl I CORrl OFFICER(S) ' TITLE(S> 0 personally known to me - OR - proved to me on the basis of satisfactory evidence 0 0 "..I to be the person@) whose name($ is/m subscribed to the within instrument and ac- 0 knowledged to me that he/sheftkeyexecuted 0 TRUSTEEW the same in his/heW authorized capacity(ie&and that by hislhewr signaturemon the instrument the persono, or the entity upon behalf of which the personNacted, executed the instrument. WITNESS my hand and official seal. 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: TAlj'ElBANK NAME OF PERSON(S1 OR ENTITY(IES1 SIGNATURE OF N Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is no1 required by law, it could re vent fraudulent reanachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE W993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park, CA 91 309-71 ~~ ~~ ~~~~~~_~""_ . -P RPOSE ACKNOWLEDGMENT No. 5183 personally appeared ~ personally known to me - OR - a proved to me on the basis of satisfactory evidence to be the person@) whose name(S) is/- subscribed to the within instrument and ac- knowledged to me that hehhettty executed the same in his/- capacity(cef), and that by his- ' authorized signature(Qon the instrument the personw, or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOT ~ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ~ THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT 01992 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O. BOX 7184. CaflOga Park, CA 91309-7184 CAPACITY CLAIMED BY SIGNER Tmgh statute does nn require the Notab' to fill in the data below, doing so may prove invaluable to perwns relying on tho document. 0 INDIVIDUAL CORPORATE OFFICER(S) SVP 4 l?4f TlTLElSl 0 PARTNER(S) 0 LIMITED .. 0 GENERAL ATORNEY-IN-FACT - 0 TRUSTEE(S) 0 GUARDIANCONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTIN(IES1 ., 1 2 3 4 5 6 7 a 9 10 _. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 342 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: " 9 1 fL4 fionald R. Bal(L/, General Counsel (Notarial acknowledgement of OWNER and BENEFICIARY must be attached. CMWD 85 - 601.40 5 3/26/91 REV. .. 343 EXHIBIT "A" LEQAL DESCRIPTION QENERAL UTILITY AND ACCESS EASEMENT PROJECT NUMBER: C.M.W.D.85-C.40 BEING AN EASEMENT OVER, UNDER, ALONG, AND ACROSS A PORTION OF LOT "1" OF CARLSBAD TRACT NO. 85-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING.TO THE MAP THEREOF NO. 12590, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MARCH 28; 1990, THE LOCATION OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST TERMINUS OF THAT CERTAIN COURSE OF THE "GENERAL UTILITY AND ACCESS EASEMENT" SHOWN ON SAID MAP NO. 12590 THAT IS DESCRIBED THEREON AS "NORTH 33°25'11" WEST 96.06' la; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF THE SOUTHWESTERLY PORTION OF SAID EASEMENT SOUTH 33O25'11" EAST 66.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 56°34'49" EAST 40.00 FEET; THENCE SOUTH 33O25'11" EAST 10.00 FEET; THENCE SOUTH 56O34'49" WEST 40.00 FEET TO THE INTERSECTION WITH SAID NORTHEASTERLY BOUNDARY; THENCE ALONG SAID BOUNDARY NORTH 33°25'11" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 400 SQUARE FEET, MORE OR LESS. John W. Hill, Jr. L.S. 5669 H&A San Diego MA: ma wp:lega1506 rev:7-15-92 992-2X . , LOCAT I ON MAP VICINITY MAP GRANT OF A GENERAL ITILITY AND ACCESS NUHBER I 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OF THIS DISTRICT (GOV. CODE [6103]). ) RECORDING REQUESTED AND 1 WHEN RECORDEDl PLEASE MAIL TO 1 1 ), ) Carlsbad Municipal Water District 5950 El Camino Real 1 Carlsbad, California 92008 1. Space al)ove this line for Recorder's use. c A. P . N . 215-240-50 CMWD NO. 85-601.40 NOTICE SUBORDINATION AGREEMENT ': 'THIS SUBORDINATION AGREEMENT RESULTS PROPERTY BECOMING SUBJECT TO AN IN YOUR SECURITY INTEREST IN THE ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING TEE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this dl day of h fii I IMX LA CCSTA, x., a Ddaware corporation (Trustor) hereinafter referred to as llOwnerlgg owner of the land and TAIPEIEMUK hereinafter referred to as lgBeneficiarygl, present owner and holder (Owner) of the deed of trust hereinafter described: WITNESSETH did- execute a deed of trust, dated October 1 ,1993 to STEWART TITLE -ANY (Date) OF SAN DIMx3 (Trustee) astrustee, covering portion of Lot 1, Carlsbad Tract 85-28, Map No. 12590, La Costa Valley Terrace I (Brief Legal Description) (See Exhibit "A" E. "B" for Detailed Description) 1 3/26/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34 7 to secure a note in the sum of five hundred tbusard dollars ////////////////////////($ ~00.0~0.0~ (Lien Amount) ) dated October 1 I (Date) 192, in favor of TAIPEIBANK recorded in the off ice of the County Recorder of San Diew County (Beneficiary) ICountv) on October 8, 1993 , as File No. 1993-0670975 of Official -. (Date Recorded) (F/P No.) Records of said county; and WHEREAS, Owner has eirecuted, or is about t execute, as grantor, a grant of EASmENT/EASEMENTS dated ".,.y" , in favor of the Carlsbad Municipal Water Distriat as grantee, hereinafter referred to as "Easement Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A" & 'B. attached hereto; and WHEREAS, Easement Grantee is willing 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. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, 2 3/26/91 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 2€ 27 2E 348 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 EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionaily be a& remain at all times a charge on the property tlierein described, prior and superior to the lien or charge of the deed of trust above mentibned. 2. That Easement Grantee would not accept said EASEMENT/EASFMENTS 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 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, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of 3 3/26/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 349 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/EASEMENTS IS/ARE 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 waiver, relinquishment and subordination7 and 3. An endorsement has been placed upon 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 E cuted by the OWNER this /v+h day of Mar& , 19% 29 day of 5h-d , 19d BENEFICIARY: OWNER : LMX L~X corporat . By : /7 * signature7 (authorized signatiure) (tith5) (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 4 3/26/91 REV. FORNIA ALLbPURPOSE ACKNOWLEDGMENT NO. , State - of &/&?I :k. County of Lo5 $h$d5 350 ., :,- DATE before me, NAME. TITLEOFOFFI@R CX;ahf, - E.G.,'JANE &&y W2E!NOTARY &bkL PUBLIC' personally appeared F)du\ dS;n-h/dn NAME(S) 4mnp OFSI&ER(S) 0 personally known to me - OR - @proved to me on the basis of satisfactory evidence to be the person(4) whose name@) ismC;e subscribed to the within instrument and ac- knowledged to me that hdsWey executed the same in his/hMir authorized capacity(iw, and that by his/hmeir signature@ on the instrument the personw, or the entity upon behalf of which the AGY CHiANb person&) acted, executed the instrument. NOW). PuM - Cahform LCS GNGELES CCUWV WITNESS my hand and official seal. c,,,,, E~:,~,,!S I<-. "" SIGNATURE OF NOT& - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though Jtatute does not require the Notary to fill in the data below, doing so may Prove iwduable to ~mns relying on me document. 0 INDIVIDUAL [iIl CORPORATE OFFICER(S) Avp ' TITLE@) 0 PARTNER@) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER -. SIGNER IS REPRESENTING: NAME OF PERSONW OR ENTITY(1ES) 74lpE 1 BANI? OPTIONAL SE~~ION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the dm requeaed here is not required by law. SIGNER(S) OTHER THAN NAMED ABOVE itrn80l.l nr-ivcnt fraudhnl raanachment of this form. ~ On- DATE before me, NAME, TITLE OF OFFI&R: E.G.. "JANE &. NOTARY PUBLIC' personally appeared an 0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person@ whose name(Q ish subscribed to the within instrument and ac- knowledged to me that helsheftky executed the same in hislwir authorized capacity(W, and that by hislh?&h8ir signature(4 on the instrument the persow, person@) acted, executed the instrument. WITNESS my hand and official seal. NAME@) OF SIGNER(S) OFFiClAL NOTARY SEAL or the entity upon behalf of which the ALEX CHIANG I ,- SIGNATURE OF NOTA I - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute dces nat require the Notary to fill in fhe data below. doing so may prove invaluable to wrsons relying on the document. 0 INDIVIDUAL CORPORATE OFFICER(S) SVP4 GY ' TITLEIS1 ' :ALIFORNIA ALL-PURPOSE ACKNOWLEWMENT No. 5183 184 0 PARTNER@) 0 LIMITED 0 ATTORNEY-IN-FACT .. 0 GENERAL ~ TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITWES) OPTIONAL SECTGIN THIS CERTIFICATE MUST BE AnACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law. it could mevent fraudulent reanatachment of this form. SIGNEW) OTHER THAN NAMED ABOVE- NUMBER OF PAGES DATE OF DOCUMENT - 01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Am, P.O. Box 7184 - Canaga Pak, CA 91309-71 FALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I No. ! s' te of Tal- " .. 'ral" - - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER City b 'rat County-of hmericfan m. IZitute in -: 35 1 . On FTSkerore . . . .DATE me, NAME, S)r'ddA TITLE OF OFFICER x. - Y~CO E.G.. "JANE DOE. & NOTARY PUBLIC' 9 Though statule does not require the Notary to fill in the data below. doing so may prove invaluable to persons relying on the dacument. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) personally appeared 0 personally known to me - OR -Nproved to me on the basis of satisfactory evidence Amy Yeh Hsu ------ NAME(S) OF SIGNERIS) TITLE(Sl 0 PARTNER(S) 0 LIMITED to be the personqwhose nameM isw subscribed to the within instrument and ac- 0 knowledged to me that he/she/tky executed 0 TRUSTEW the same in"s/her/tWr authorized 0 GUARDIAN/CONSERVATOR signatureo on the instrument the personN, 0 OTHER: or the entity upon behalf of which the person(&acted, executed the instrument. 0 GENERAL ,. ~ capacity-), and that by'his/her/their r SIGNER IS REPRESENTING: hz;am NAME OF PERSONG) OR ENTIM(IES1 Roecia1 Notary (PLsG=gI SIGNATURE OF NOTARY OPTIONAL SECTION ' THiS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reanachmenl of this form. SIGNERW OTHER THAN NAMED ABOVE ~ NUMBER OF PAGES- DATE OF DOCUMENT et992 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Am. P.O. Box 7184 - Canwa Park, CA 91309-7 i193 '184 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER mough slatute does not require the Notary 10 fill in the data below, doing so may Prove invaluaMe to persons relying on the documenl. 0 CORPORATE OFFICER(S) personally appeared 0 personally known to me - OR - dproved to me on the basis of satisfactory evidence to be the person(s) whose name@) idare NAME(S1 OF SIGNERIS) capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTITY(IES1 . THE DOCUMENT DESCRIBED AT RIGHT THIS CERTIFICATE MUST BE ATrACHED TO TITLE OR TYPE OF DOCUMEN NUMBER OF PAGES DATE OF DOCUMENT SIGNER S OTHER THAN NAMED ABOVE at992 NATIONAL NOTARY ASSOCiATiON * 8236 Remmet Ave., P.O. Box 7184 * Canqla Park, CA 91309-7184 ?. - ., * 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 352 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Ronald R. Ball, General Counsel must be attached. (Notarial acknowledgement of OWNER and BENEFICIARY CMWD 85 - 601.40 5 3/26/91 REV. . EXHIBIT "A" LEG?& DESCRIPTION GENERAL UTILITY AND ACCESS BASEMENT PROJECT NUMBER: C.N.ll.D.85-C.40 BEING AN EASEMENT OVER, UNDER, ALONG, AND ACROSS A PORTION OF LOT nl" OF CARLSBAD TRACT NO. 85-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12590, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MARCH 28, 1990, THE LOCATION OF SAID EASEMENT BEING MORE PARTICUTLARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST TERMINUS OF THAT CERTAIN COURSE OF THE "GENERAL UTILITY AND ACCESS EASEMENT" SHOWN ON SAID MAP NO. 12590 THAT IS DESCRIBED THEREON AS "NORTH 33O25'11" WEST 96.06' In; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF THE SOUTHWESTERLY PORTION OF SAID EASEMENT SOUTH 33°25'11" EAST 66.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 56°34'49" EAST 40.00 FEET; THENCE SOUTH 33O25'11" EAST 10.00 FEET; THENCE SOUTH 56O34'49" WEST 40.00 FEET TO THE INTERSECTION WITH SAID NORTHEASTERLY BOUNDARY; THENCE ALONG SAID BOUNDARY NORTH 33O25'11" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 400 SQUARE FEET, MORE OR LESS. John W. Hill, Jr. L.S. 5669 H&A San Diego MA: ma wp:lega1506 rev:7-15-92 992-2X .. . .. . . . . . . - . . - .. .. _... .. . .. .. PORTION OF WESTERLY BOUNDARY 12590 OF nAP NO. W 4Y I . . . , . .. 355 LOCATION MAP VICINITY MAP IUNDARY OF ,LOT SUBDIVISION T. N0.85-28 I GRANT OF A GENERAL ITILITY AND ACCESS NUMBER I .