HomeMy WebLinkAbout; Villas De Carlsbad, Ltd.; 1995-0457086; Easement..
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OFFICIAL RECORDS SllN DIEGO COUNTY RECMIOER'S OFFICE PLEASE RECORD THIS DOCUMENT AT 1
NO FEE AS IT IS TO THE BENEFIT 1
OF THIS DISTRICT (GOV. CODE [6103]) )
)
GREGORY SHITH, COUNTY RECORDER FEES: 0.00 Hfl
RECORDING REQUESTED BY AND j WHEN RECORDED, PLEASE MAIL TO: 1
) Carlsbad Municipal Water District )
Engineering Department )
5950 ~1 camino Real
Carlsbad, California 92008'- ,. ') ..
,. ) :;
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' ~~ '@pacF;{&b this line for
,. 'Reco;rd&?,& use. . . .; ' , i . , . . ; .(*..."
Assessor's Parcel lid.
Project Naiie'rb' No.
., .. . . ..;,-"
Between Lacruna & Knowle*; cm 91-C.379
,, ,. DOCUMENTARY TRANSFER .<
TAX': None ._,
CAZ~LSBAD MU~CIPAL
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does hereby grant to ER'DISTRICT, a Public
Agency organized in the State of Califgrni'a', its successors and
assigns, an easement.
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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.
A,
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f 765
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 includ$&, but:':.%iIiifted ,. , to, erosion control
facilities, fences; ijates, &Xim, 'bqkihg &in?;&!&, alarms, lights,
and all other protective facilities and &&i&es. The use shall
also includ&i:.a'mans of access to and from sai
purpose of ..'~'&nstructing, operating, repairi
inspecting and'.'reconstructi& said fbcility. , ,~,.~.**-:::
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Th&- uses describkd herein ~~ shall be e ~." . :~ ,' : Grantee. Orantor herein agrees that no Lildings and/6E:&ructures
will be erected, walls obnshlcted, fence's.built nor trees planted,
nor may the easel&+t:be used w: other person or
entity, including.ot.ber util2ti&,:krhether g&?ic or- private, for
uses whether .coipa&k or ,. .i . ,. iblg ,ujiG the .uses described
herein without the exprek$:,+b?i$t~eri" 61p@DVal of the Grantee.
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3/14/91 REV. 2
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LOCATION OF THE EASEMENT:
The easement gran .ted herein sha 11 b
1766
#e located within and
3 3/14/91 REV.
J ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)is/are
subscribed to the within instrument and ac-
knowledged to me that hekhe/they executed
the same in ki4fher/their authorized
capacity(ies), and that by 4"herltheir
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. x. C-SwLLag d S~~ATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
En5CMErJl-
TITLE OR TYPE OF DOCUMENT
@. PARTNER(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIANCONSERVATOR 0 OTHER: 4u(i-ucjT 22% IO,C,5
8 (2 ~O'TARIAL zThc7Z)
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIM(IES1
\/lLLA5 bE CARLSBAb, LTI\.
Redfl2.b enLC.
SIGNER(S) OTHER THAN NAME0 ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernrnel AYB., P.O. Box 7184 - Canoga Park. CA 91309-7184
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CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated df ,/ 2'2 ,/+ 4 , from
I ., VILLAS DE CARL*AD. a c&m ., a limited partnership '_ '.
to the Carlsbad Municipal Water D ict, CallsBab;.Califo~~;.~irMuunicipal Water District
Act of 191 1, as amended, is hereby accepted by the &de&igned officer or agent on
behalf of the C@&&&Municipal Water District, Carlsbad, Calif0
conferred by Resbfiition No. 773 of the Carlstjad Municipal
January 28, '19@;-and the grantee cunsents to redordation thereof
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DATED: ._ ., ~' .,~;: .;; ;: I , : :;;*,~:::?:; *,,.~ -~ ~ .
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CMWD 91-(2.379
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LEGAL DESCRIPTION: 1769
WATER EASEMENT, LAS VILLAS DE CARLSBAD
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN' IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA' ACCORDING TO OFFICIAL
SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF PLAT THEREOF, LYING WESTERLY AND SOUTHWESTERLY OF THE
CALIFORNIA, RECORDED JUNE 12, 1970 AS FILE NO. 70-101788 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND SOUTH 00 40'27" BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LAND: THENCE
WEST, 28.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF KNOWLES AVENUE AS GRANTED PER EASEMENT TO THE CITY OF CARLSBAD, STATE OF CALIFORNIA, RECORDED DECEMBER 10, 1985 AS F/P NO. 85-465325: THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 26'13" EAST 66.46 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 34'31" A 90.00 FEET, A RADIAL BEARS TO SAID POINT NORTH 00 33'47" EAST,
DISTANCE OF 26.04 FEET TO A POINT ON A TANGENT LINE, THENCE SOUTH
AND WESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS TO 72 51'42" EAST 50.00 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY
THROUGH A CENTRAL ANGLE OF 81 34'04" A DISTANCE OF 68.3TtFEET:
MUNICIPAL WATER DISTRICT, RECORDED MARCH 3, 1986 AS FILE NO. CENTERLINE OF PARCEL 1 OF EASEMENT GRANTED TO COSTA REAL
EAST 202.45 FEET: THENCE SOUTH 67 26'53" WEST 10.00 FEET TO THE 86-083364 SOUTH 00 33'47" WEST 25.21 FEET; THENCE SOUTH 22 33'07"
TRUE POINT OF BEGINNING SAID POINT ALSO BEING ON THE WESTERLY SIDE LINE OF SAID PARCEL 1 OF SAID EASMENT TO COSTA REAL MUNICIPAL WATER DISTRICT: THENCE LEAVING SAID WESTERLY SIDE LINE SOUTH 67 26'53" WEST 19.00 FEET: THENCE SOUTH 22 33'07" EAST, 19.00 FEET: THENCE NORTH 67 26'53" EAST 25.01 FEET; THENCE SOUTH
22 33'07t1 EAST 53.71 FEET: THENCE SOUTH 67 26'53" WEST 8.00 FEET: THENCE SOUTH 22 33'07" EAST 7.50 FEET: THENCE -NORTH 67 26'53" EAST 8.00 FEET: THENCE SOUTH 22 33'07" EAST 144.00 FEET TO A POINT, SAID POINT BEING SOUTH 67 26'53" WEST 8.01 FEET FROM SAID WESTERLY SIDE LINE OF SAID EASEMENT; THENCE NORTH 67 26'53" EAST 15.00 FEET: THENCE NORTH 22 33'07" WEST 208.34 FEET: THENCE SOUTH
SAID PARCEL 1 OF SAID EASEMENT: THENCE ALONG SAID EASTERLY SIDE 67 26'53' WEST 1.01 FEET TO A POINT ON THE EASTERLY SIDE LINE OF
LINE OF SAID PARCEL 1 NORTH 22 33'07" WEST 15.87 FEET; THENCE
TO THE TRUE POINT OF BEGINNING. LEAVING SAID EASTERLY SIDE LINE SOUTH 67 26'53" WEST 20.00 FEET
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SAID POINT SOUTH 17 08'181* WEST: THENCE EASTERLY ALONG SAID CURVE
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND AM~G THE
I EXHIBIT "A" i
C.M.W.D. 91-C.379
DfLTA OR BMWG
N 00' 40' 21 E
N 8Y 26' 1J' W
16 34' 31'
N 72' 51' 4p W
81' 34' 04
N OCT 33' 41 E
N 27 33' 07 W
N 67' 26' E
N 67' 26' SJ' E
N 22' 33' OTW
N 67' 26' E
N 22' 33' 07 W
N 02' 26' s E
N 22' 33' 07 W
N 67' 26' s E
N 8C 33' 07 W
N 67' 26' 5.3" E
N 27 fi OT W
N 67' 26' E
N 22' 3.3' 07 W
26'
RADIUS LENGlH
28.00'
66.46'
90.00° 26.04'
50.00'
48.00' 68.33'
25.2 1 '
202.45'
10.00'
19.00'
19.00'
25.01'
53.71 '
8.00'
7.50'
8.00'
144.00'
15.00'
208.34'
1.01'
15.87'
. . 20.00'
" LAGUNA DR.
,
* Jm
HSEMENT PLAT .~ C.M.W.D. 91- C.379
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PLEASE RECORD THIS DOCUMENT AT
OF THIS DISTRICT (GOV. CODE [6103]).
NO FEE AS IT IS TO THE BENEFIT
WHEN RECORDED, PLEASE MAIL TO
RECORDING REQUESTED AND
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
.
1771
)
) DOC '#. 199$-04$7#87
) IO-DCT-I~~~ 02: 52 pn
) SAN DIEGO CWHTY RECORDER'S OFFICE
) GREGORY SHITH, COUNTY FEES: RECORDER 0.00
)
) OFFICIAL RECORDS
APN: 155-272-19 CMWD: 91-C.379 ,,:'...::'.;;. ',,',.: ', ,i"..".> .,
,,
NO-: '. THIS SUBORD~,NATION AGREEMENT RESULTS IN":. '+:
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YOUR SECUdP INTEREST IN 'PHE PROPERTY .!:.':
BECOMING SWECT TO (AN) EASEMENT IN THE
.. '
REAL PRQPERW TO WHICH ,VOUR SECURITY
INSTRUMENT AITACHEFANDQAS THE POTENTIAL
EFFECT: 'OF REDUC TI& VALUE OF, YaR
SECU.klTY INTEREST. ,,
,. .. . , '. .. ,, ,' ., ,. , ', , .;",' u
~rustolr"Owner)
hereinafter referred to as "Owner,* owner of the land and
Income Property Group-Retirement Vlllaq&. Ltd.; a CaMortlla limited partnership
(Beneficiary)
hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter
described;
WITNESSETH
THAT WHEREAS, Villas De Carlsbad, Ltd. did execute
(Trustor)
a deed of trust, dated Julv 1, , 193 to Safeco Title Insurance Companv
as trustee, covering that portion of the west half of the southwest quarter of the northeast quarter of the
northwest quarter and that portion of the east half of the southeast quarter of the northwest quarter of the
northwest quarter of section 6, township 12 south, ranae 4 west, San Bernardino base and meridian. in
(Date) (Trustee)
1 3123194 Rev.
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the Citv of Carlsbad, Countv of San Dieao, State of California.
(Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
to secure a note in the sum of seven hundred and fifty thousand dollars($ 750.000.00 ) dated
(Lien Amount) u, 19=, in favor of Income Propertv Group-Retirement Villaaes, Ltd.
(Dated)
recorded
(Beneficiary)
in the office of the County Recorder of San Dieqo ..
(County)
County on February 25, 1988 ,
(Date Recorded)
as File No. 88-085987 of Offi.oi+ Record,; of said county; and
(F/P No.) . ' ,,
WHEREASY'OWei has executed, or is' about '!a exeiute, as grantor, a grant of
EASEMENT/EASEMENTS dak Ofd'</95 , in favor of tie Carlsbad Municipal Water District
as grantee, heretnahertekrred to as"Easement Grantee: creating ANlTHE QT~~SEMENTS more
particularly describe& MHIBIT/MHIBITS "A" & "B" attached hereto: and :..
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WHEREAS, Easement Grantee is willing to accept said EASEMENT TS provided
the grant of mSEME)QT/EASEMENTS is a charge upon the above described pro*ty;&k'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'bhargs'of thedeed of.trustabove mentioned to the lien or
charge of the EASEMEN ENTS createh in favw'of Easement Gr.an&; and
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WHEREAS,'%'& &the mutual bei thatEkement Grantee accept
said EASEMENT/EASEMENTS and .&nefcciatyis Gihg that t&$rant of EASEMENT/EASEMENTS shall,
when recorded, constitute a charge upon &d-td \chichis unconditimcllly prior and superior to the lien
or charge of the deed of trust above mentioned.
,,
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept said EASEMENTEASEMENTS above
referred to, it is hereby declared, understood and agreed as follows:
.'
1. That said EASEMENTEASEMENTS in favor of Easement Grantee shall unconditionally
be and remain at all times a charge on the property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT/EASEMENTS above
2 3/23/94 Rev.
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1773
described without this subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the
subordination of the lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS
in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would
affect the priority between the deed of trust and EASEMENTIEASEMENTS hereinbefore specifically
described, any prior agreement as to sucti.&bordinatioh intruding, but not limited, those provisions, if any,
contained in the deed of trust above mentioned, whichpro& for thoWb&dination of the lien or charge
thereof to another interest in the real property therein described..
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CCARY declares, agrees andacknowledges that: . :,: .::!:. ,,. . '. . ..
1. ' I (We) consent to and apprbve the grant of EASEMENT/&$ ENTs in favor of the
Easement Grantee.
._
2. I we) intentionally and unconditionally subordinate the lien
trust above menUdned to the EASEMENTIEASEMENTS in favot of Easement
and understands that in reliance upon, 'and in &sideration%f, this subordination of the grant of
EASEMENT/EASEMeNTS';$o.being executed BlICld&&ed, the EAS&+&&!ASEMENTS WARE being
created, and that specific monetary and other bMiations are beiria'tmd-will be entered into by the
Easement Grantee, other lender$ &d title insurcinde '&ipanies whiChkuld not be made or entered into
but for said reliance upon the subordinetion: &cl
Ill
Ill
Ill
/I/
Ill
Ill
Ill
/I/
Ill
Ill
3
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3/23/94 Rev.
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1774
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
Exequted by the BENEFICIARY this 22 '&day Executed by the OWNER this 23 45 of IC,,,,,, j& 1 19- of a,,;,t I 19- '75'
BENEFICIARY: INCOME PROPERTY GROUP- OWNER: VILLAS DE CARLSBAD, LTD., a
J( day
RETIREMENT VILLAGES, LTD., a California Calltornla limited partnership
llmlted partnership,
By: (authorized signature)
wi 11 i am ,M.
(rime) '.,
William M. Chance. Presiw
fw By:
(name)
,, , ,. .;, , (,' . ,.
NOTE THAT THE PRESIDENT'OR v &Nfl':'T$E' SECRETARY OR ASSISTANT
COPY OF THE RESOLUTION OFTHE BOARDOF DIAECT~ASTHAT IS SIGNED BY THE SECRETARY
I.
SECRETARY MUSTSIGNACORPOR THIWOCUMENT. ALTERNATELYATRUE
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 MATER.
THE PARTIES CONSULT WITH THEIR ATORNEYS WITH RESPECT THERETO.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
Approved as to form:
Ronald R. Ball. General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.
CMWD 91-C.279
4 3/23/94 Rev.
,.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..
personallyappeared ~ILL~AM hn.CMndCS Ahlb dACx L. P@wE NAMEISI OF SIGNERIS1 ,@ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)is/are
subscribed to the within instrument and ac-
knowledged to me that hkbe/they executed
the same in hkdbedtheir authorized
capacity(ies), and that by -/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 official seal.
UIGNATUAE OF NOTARY
OPTIONAL
~ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
CORPORATE OFFICER SL*&vzb,rj4Tlgd AGPEiZ"€rJL; P&s,bEJcls / SE~KETAFY
TITLE(SI TITLE OR TYPE OF DOCUMENT
u PARTNER@) u LIMITED
- 0 GENERAL u AlTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIANEONSERVATOR 0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES1 i?(,raneeMet.iT V,LLAGE-;, Lrb. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remrnet Ave., P.O. Box 7184 * Canaga Park, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1776
NO. 5907
~ Stateof C~~t~o~~~~
County of sAA ~~EC-O
I On ALCGLC~~ 22, 144c beforeme, JottnAdh v. L.~Shj€/pnS buar/l~y ?&A;+
~ personally appeared W~LLIAM nC. Cuadc-~ ad3 JACK t. @OL*IE
~ personally known to me - OR - 0 proved to me on the basis of satisfactory 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
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC
NAMEIS) OF SIGNERIS)
, the same in his/her/their authorized
I capacity(ies), and that by his/her/their I signature(s) on the instrument the person(s),
I person(s) acted, executed the instrument.
I WITNESS my hand and official seal.
I
or the entity upon behalf of which the
I I I
I , 1 2. cciufis
I IGNATURE OF NOTARY
, OPTIONAL
I Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
~ fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
~ 0 INDIVIDUAL
~ 0 CORPORATE OFFICER SW~~~~,~AROJ A~~PSE~LEN~
TITLE OR TYPE OF DOCUMENT TITLEIS)
' PARTNER(S)
0 - AlTORNEY-IN-FACT u TRUSTEE(S) 0 GUARDIANEONSERVATOR
~ 0 OTHER:
DATE OF DOCUMENT
' NAMEOFPERSONWOR ENTITY(1ES) SIGNER IS REPRESENTING:
~ VILLAS C'&eLs&b ~h. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel AYB., P.O. BOX 7184 * Canaga Park, CA 91309-7184
.-
/ I.
c
LEGAL DESCRIPTION:
WATER EASEMENT, LAS VILLAS DE CARLSBAD
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
WEST, SAN BERNARDINO BASE AND MERIDIAN' IN THE CITY OF CARLSBAD, OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY AND SOUTHWESTERLY OF THE
CALIFORNIA, RECORDED JUNE 12, 1970 AS FILE NO. 70-101788 OF SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE HOST NORTHWESTERLY CORNER OF SAID LAND: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND SOUTH 00 40'27" WEST, 28.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF KNOWLES AVENUE AS GRANTED PER EASEMENT TO THE CITY OF CARLSBAD, STATE OF
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 26'13" EAST 66.46 CALIFORNIA, RECORDED DECEMBER 10, 1985 AS F/P NO. 85-465325:
FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 90.00 FEET, A RADIAL BEARS TO SAID POINT NORTH 00 33'47" EAST, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 34'31" A DISTANCE OF 26.04 FEET TO A POINT ON A TANGENT LINE, THENCE SOUTH 72 51'42" EAST 50.00 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY AND WESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS TO SAID POINT SOUTH 17 08'18" WEST: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 34'04" A DISTANCE OF 68.33tFEET: THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALOfiG THE CENTERLINE OF PARCEL 1 OF EASEMENT GRANTED TO COSTA REAL MUNICIPAL WATER DISTRICT. RECORDED MARCH 3. 1986 AS FILE NO.
..
;INNING. SAID POINT ALSO BEING ON THE WESTERLY
19.00 FEET:-THENCE NORTH 67 26'53"-EAST 25.01 FEET; THENCE SOUTH
THENCE SOUTH 22 33'07" EAST 7.50 FEET: THENCE -NORTH 67 26'53" 22 33'07" EAST 53.71 FEET: THENCE SOUTH 67 26'53" WEST 8.00 FEET:
EAST 8.00 FEET: THENCE SOUTH 22 33'07" EAST 144.00 FEET TO A
WESTERLY SIDE LINE OF SAID EASEMENT: THENCE NORTH 67 26'53" EAST POINT, SAID POINT BEING SOUTH 67 26'53" WEST 8.01 FEET FROM SAID
15.00 FEET: THENCE NORTH 22 33'07" WEST 208.34 FEET: THENCE SOUTH
67 26'51' WEST 1.01 FEET TO A POINT ON THE EASTERLY SIDE LINE OF SAID PARCEL 1 OF SAID EASEMENT: THENCE ALONG SAID EASTERLY SIDE -. " " " " "" " .. - ~-~ ~ ~~ ~~~~ ~
LINE OF SAID PARCEL 1 NORTH 22 33'07" WEST 15.87 FEET; THENCE LEAVING SAID EASTERLY SIDE LINE SOUTH 67 26'53" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. _"~ ~
i NO. DETA OR BMMG RADIUS LENGTH
0 N OCr 40' 27 E 28.00'
@ N 89 26' 13 W 66.46'
- 8 ru 0 16 34' 31' 90.00' 26.04'
"k @ N OCr 33'47 E 25.2 1 '
@ @ N 67 26' fl E 70.00'
h @ N 72 51' 4p W 50.00' $1 @ 81' 34' 04' 48.00' 68.33'
919 6 2y. 2 0 N 27 3.3'07 W 202.45'
@) N 67 26' 53' E 19.00'
@ N2Z 33'OTW 79.00' 0 N 67" 26' 5.3" E 25.01'
@ N 22 33'07 W 53.71'
8.00'
7.50'
8.00'
c
0 N 67' 26' 5r E 15.00'
@ N273j'OTW 208.34'
W-T m 0
?m 15.87'
+VI wm
WC pe
W. me
=% 5
-". r. e
" LAGUM DR.
* IEXH/BIT]
MSEMENT PLAT C.M.W.D. 91- c.379
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,1779 PLEASE RECORD THIS DOCUMENT AT 1
NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [6103]).
1
) DOC # 1995-0457088 10-OCT-1995 02152 PPI
RECORDING REQUESTED AND
WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District ) GREGORY SHITH, COUNTY RECORDER
5950 El Camino Real ) FEES: 0. M)
) 1 " SAN DIEGO COUNTY RECORDER'S OFFICE
OFFICIL RECORDS
Carlsbad, California 92008
', Space.*ove this line for Recorder's use.
, .,.,, ,,
SUBORBINATION.~EEMENT '
(TRUST DEED HOLDERS)'
.. .
LA VILLAS DE C~RLSEAD ADDITION . . . ', , , ,,'
'"
West !&e of 1-5 Between Laguna & Knowles, CMWD Project I'4k.k-C.379
APN: 155-272-19 CMWD: 91-C.379 ,:: ." , ~.. .,"( . ., _'.' o(_
:I. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN ',': ; :::
YOUR SECURil'Y INTEREST tN THE PROPERTY ,:
BECOMING SUBJECT TO (AN) EASEMENT IN THE
REAL PR~PERW TO WHICH. YOUR SECURITY
INSTRUMENT AlTACHESAND HAS THEPOTENTIAL
EFkCT OF REDUCti THi3 VALUE OF YOUR
SECURITY INTEREST. , ,
THIS AGREEhilWilf, made this,.mKg"day of . &A ., , 19gby
VILLAS DE CARLSBAO. LTD,.:s CBtltcnnM.ihled partnership ,.
flrustar/Owner)
hereinafter referred to as "Owner," owner of the land and
WILLIAM M. CHANCE. Trustee of Urban'Fhanolal Corporaion Defined Benefit Plan, Assicme,
(Beneficiary)
hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter
described;
WITNESSETH
THAT WHEREAS, Villas De Carlsbad. Ltd. did execute
(Trustor)
a deed of trust, dated July 1, , 198J to Safeco Title Insurance Companv
(Date) (Trustee)
BS trustee, covering that poition of the west hail of the southwest quarter of the northeast quarter Of the
northwest quarter and that portion of the east hail of the southeast quarter of the northwest CIUarter Of the
northwest quarter of section 6, township 12 south, ranqe 4 west, San Bernardino base and meridian, in
1 3/23/94 Rev.
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the Citv of Carlsbad, County of San Dieao, State of California.
(See Exhibit "A" & "8" for Detailed Description) (Brief Legal Description)
to secure a note in the sum of seven hundred and fiftv thousand dollars($ 750.000.00 ) dated
J&l- 1987, in favor of Trustee of Urban Financial Corporation Defined Benefit Plan, Assiqnee, recorded
in the office of the County Recorder of San Dieqo County on Februarv 25, 1988 ,
William M. Chance, (Lien Amount)
(Dated) (Beneficiary)
(County) (Date Recorded)
as File No. 88-085907 of Official Records-of said county; end
(F/P No.)
WHEREA'S,'-Dwner has executed, or is about ,to Wcute, as grantor, a grant of
EASEMENTEASEMENTS dated OfifAX , in favor of the Carlsbad Municipal Water District ., , ,. ,
as grantee, hereina&&etred to as "Easement Grantee,"creating ANflHE Eii%fdEm&SEMENTS more
..
particularly described in MHIBIT/MHIBITS "A" & "8" attached hereto; and '. '
WtkREAS, Easement Grant& is willing to accept said EASEME TS provided
the grant of EiiSEf&NT/EASEMENTS is LI ciharge upon the above described propbrtypr&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 ot trust above mentioned to the lien or
charge of the EASEMEN NTS created in fakr of Easement &&tee; and
,.
WHEREAS, it is to the mutual benefit of the parties hq& that EQsement Grantee accept
said EASEMENTEASEMENTS and ReMcia$ is wikg that the grhf 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 EASEMENTEASEMENTS in favor of Easement Grantee shall unconditionally
be and remain at all times a charge on the properIy 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
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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 EASEMENTIEASEMENTS hereinbefore specifically
described, any prior agreement as to suchsubordination including, but not limited, those provisions, if any,
contained in the deed of tr& above menttciwd, which'provide for thkiL~ljCidination of the lien or charge
thereof to another interest in fhe real property therein described.
',.
BENEFICIARY declares, agrees and acknowledges that: ', " , , ',.:':. . ., , ;,. ,. . .
1. 'I (We) consent to and approve the grant of EASEMENT1 NTS in favor of the
.. .. . .. .
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Easement Grantee. , ..;::;,;
,':; .:;;;;'
2. I (We) intentionally and unconditionally subordinate the lien &'6harg+*,@ the deed of
trust above m&&d to the EASEMENT/EASEMENTS in favbr of Easement Gra ove referred to
and understands that in reliance upon, and in &tisideration bf, this subordination of the grant of
EASEMENT/EASEMENTS 6 being. executed aid delibered, the SEMENTS WARE being
created, and that specific monetary and other oblgations are being &id will be entered into by the
Easement Grantee, other lenders and title inswanCe companies whick'huld hot be made or entered into
but for said reliance upon the subordidwn; and
Ill
I) ,:
'( .I,, , : . :: :
Ill '.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
3 3/23/94 Rev.
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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 33a1 day Executed by the OWNER this 3J;d day
of AuCr~i'j? I 19- LfS of ALLWLc, 7 , 19-
BENEFICIARY: WILLIAM M. CHANCE, Tkstee OWNER: VILLAS DE CARLSBAD, LTD., a
of Urban FlnanclalCorpor CaMornla llmlted pari
William M. Chance wi 11 iam #?. Cha,nce
General Partner __
(name) , inhe)
(title)
By:
(authorized signature)
(Fan=) ., ,,. , (name)
. ., ., Generdl Partner
(title) ., (title)
, , .. ,'. , .. .,.
NOTE THAT THE PRESIDENT OR .WCE# IDEWAN~~HE SECR~ARY OR ASSISTANT
SECRETARY MUSTSlGNACORPORATEeXECUflONOFTHlSDOCUMENT. ALTERNATELYATRUE
COPY OFTHE RESOLUTIONOFTHE BOARDOF DIRECTORSTHATISSIGNED BYTHE 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 MAlTER.
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.
CMWD 91-C.279
4 3/23/94 Rev.
.. , 1783 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907
personally appeared I,UILLIAM M. @gAdCE
NAME(S1 OF SIGNER(S1
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(kJ whose name(#) is/m
subscribed to the within instrument and ac-
knowledged to me that he/&&#bey executed
the same in his/- authorized
capacity(m$, and that by his/Wr
or the entity upon behalf of which the
person(S) acted, executed the instrument.
WITNESS my hand and official seal.
OFFICIAL NOTARY SEAL signature(% on the instrument the person($
m. ;1 LBl.r8hLTS/
IGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL 0 CORPORATE OFFICER
TITLE@) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
ATORNEY-IN-FACT @ TRUSTEE(S)
GUARDIAN/CONSERVATOR
0 GENERAL
u OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING NAME OF PERSON(S1 OR ENnTY(1ES) L4O-ad FIdAdc-lAL CCflP. SIGNER(S) OTHER THAN NAMED ABOVE
bEF,rJFER BEhltFIT 63LAd
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave.. P.O. Box 7184 * Canaga Pa*, CA 91309-7184
,' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
. '.
NO. 5907
~ personallyappeared ~ILL/A~M M. CHfnJCE ad> &ir L.AQNE
~ personally known to me - OR - 0 proved to me on the basis of satisfactow evidence
NAMEIS) OF SIGNERIS)
to be the person(s) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that bets4elthey executed
the same in h.i&herltheir authorized
capacity(ies), and that by hiflhnrltheir
signature@) 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.
U @ATUREOFNOTARY
I , , OPTIONAL
I Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
~ fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
, 0 INDIVIDUAL
~ 0 CORPORATE OFFICER
TITLEIS) TITLE OR TYPE OF DOCUMENT
@ PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER:
0 GENERAL 8 CZ NQTAP,AL 5~mrs.)
NUMBER OF PAGES
DATE OF DOCUMENT
NME OF PERSONIS) OR ENTITYIIES) SIGNER IS REPRESENTING:
Vi LLAS >E @APLSAAh SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. &x 7184 * Canaga Park, CA 91309-7184
LEGAL DESCRIPTION:
WATER EASEMENT, LAS VILLAS DE CARLSBAD
1785
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: CALIFORNIA, RECORDED JUNE 12, 1970 AS FILE NO. 70-101788 OF
..
SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND SOUTH 00 40'27" BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LAND: THENCE
WEST, 28.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF KNOWLES AVENUE AS GRANTED PER EASEMENT TO THE CITY OF CARLSBAD, STATE OF CALIFORNIA, RECORDED DECEMBER 10, 1985 AS F/P NO. 85-465325: THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 26'13" EAST 66.46 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 34'31" A 90.00 FEET, A RADIAL BEARS TO SAID POINT NORTH 00 33'47" EAST,
DISTANCE OF 26.04 FEET TO A POINT ON A TANGENT LINE, THENCE SOUTH
AND WESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS TO 72 51'42" EAST 50.00 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY
SAID POINT SOUTH 17 08'18" WEST: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 34'04" A DISTANCE OF 68.3SlFEET: THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALOfrG THE CENTERLINE OF PARCEL 1 OF EASEMENT GRANTED TO COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED MARCH 3, 1986 AS FILE NO. 86-083364 SOUTH 00 33'47" WEST 25.21 FEET: THENCE SOUTH 22 33'07" EAST 202.45 FEET: THENCE SOUTH 67 26'53" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE WESTERLY SIDE LINE OF SAID PARCEL 1 OF SAID EASMENT TO COSTA REAL
~ ~~~ ~~ ~ ~
MUNICIPAL WATER DISTRICT: THENCE LEAVING SAID WESTERLY SIDE LINE SOUTH 67 26'53" WEST 19.00 FEET: THENCE SOUTH 22 33'07" EAST, 19.00 FEET: THENCE NORTH 67 26'53" EAST 25.01 FEET: THENCE SOUTH 22 33'07*# EAST 53.71 FEET: THENCE SOUTH 67 26'53" WEST 8.00 FEET: THENCE SOUTH 22 33'07" EAST 7.50 FEET: THENCE -NORTH 67 26'53" EAST 8.00 FEET: THENCE SOUTH 22 33'07" EAST 144.00 FEET TO A
WESTERLY SIDE LINE OF SAID EASEMENT: THENCE NORTH 67 26'53" EAST POINT, SAID POINT BEING SOUTH 67 26'53" WEST 8.01 FEET FROM SAID
15.00 FEET: THENCE NORTH 22 33'07" WEST 208.34 FEET: THENCE SOUTH 67 26'53' WEST 1.01 FEET TO A POINT ON THE EASTERLY SIDE LINE OF SAID PARCEL 1 OF SAID EASEMENT: THENCE ALONG SAID EASTERLY SIDE LINE OF SAID PARCEL 1 NORTH 22 33'0711 WEST 15.87 FEET: THENCE LEAVING SAID EASTERLY SIDE LINE SOUTH 67 26'53" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING.
I EXHIBIT "A" I
C.M.W.D. 91-C.379
-.. P
"A LAGUM DR.
N Or 40' 21 E
N 89' 26' 1s' W
16 34' 31'
N 51' 4r W
81' 34' 04-
N Or 33' 47' E
N 27 33' 07 W
N 67' 26' fl E
N 67' 26' 53" E
N 22 33' OTW
N 67' 26' w E
N 21 33' 01 W
N e 26' s3' E
N Z 33' 01 W
N 67' 26' E
N 8e 33' 01 W
N 67' 26' fl E
N 22' 33' 01 W
N 67' 26' fl E
N 22' 3.3' 07 W
N 67' 26' 5.3" E
RADIUS LENGTH
28.00'
66.46'
90.00' 26.04'
50.00'
48.00' 68.33'
25.2 1 '
202. w
10.00'
19.00'
19.00'
25.01'
53.71'
8.00'
7.50'
8.00'
144.00'
15.00'
208.34'
1.01'
15.87'
. . 20.00'
HSEMENT PLAT C.M.W.D. 91- C.379
(PLEASE RECORD THIS DOCUMENT AT )
NO FEE AS IT IS TO THE BENEFIT )
OF THIS DISTRICT (GOV. CODE [6103]). )
DOC # 1995-0457087 10-OCT-1995 02852 PH
) RECORDING REQUESTED AND 1
WHEN RECORDED, PLEASE MAIL TO 1
Carlsbad Municipal Water District
5950 El Camino Real )
Carlsbad, California 92008 ) :- 1
OFFICIAL RECORDS SllN DIEW MUNM RECDRiYiR's IlfFIcE GREGORY SnITH' cow REmm )
) FEE9 0.00
- i ."!
Space above this lie for Remrdefs Use
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
LAS VILLAS DE CARLSBAD ADDITION, West side of 1-5 between Laguna and Knowles,
CMWD ProjectNo. 91-C379 APN: 155-272-19, CMWD: 914379.
NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN EASEMENT IN THE
RE& PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this /5*day of &.%i~&? ,19gby VILLAS DE
CARLSBAD, LTD., a California Limited Partnership, hereinafter referred to as "Owner," owner of the
land, and Resolution Trust Corporation as Receiver for Imperial Federal Savings Association, hereinafter
referred to as "Beneficiary," present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Villas De Carlsbad, Ltd., Trustor, did execute a deed of trust dated December
30, 1987, to Imperial Corporation of America as trustee, covering that portion of the west half of the
southwest quarter of the northeast quarter of the northwest quarter and that portion of the east half of the
southeast quarter of the northwest quarter of the northwest quarter of section 8, township 12 south, range 4
' ... .. .- .-
1788
west, San Bemardino base and meridian, in the City of Carlsbad, County of San Diego, State of California
(see Exhibit "A" for Detailed Legal Description) to secure a note in the sum of eight million, five hundred
thousand dollars ($8,500,000) dated December 30, 1987, in favor of Imperial Savings Association, a
California corporation, recorded in the office of the County Recorder of San Diego County on December
31,1987, as File No. 87-715468 of Official Records of said county; and
WHEREAS, the Office of Thrift Supervision ("OTS") by Order No. 90-375 dated February 22,
1990, appointed the Resolution T~st Corporation ("RTC") as Conservator of IMPERIAL SAVINGS
ASSOCIATION,
WHEREAS, the OTS by Order No. 90-1 193 dated June 22, 1990, replaced the Conservator of
IMPERIAL SAVINGS ASSOCIATION ("Old Association"), with RTC as RecPiver of Old Association.
The OTS by Order No. 90-1 194 dated June 22, 1990, authorized the organization of IMPERIAL
FEDERAL SAVINGS ASSOCIATION ("New Association"), and thereafter, the RTC as Receiver of the
Old Association and the New Association entered into a certain Purchase and Assumption Agreement dated
June 22, 1990, under which the asset($ which are the subject matter of this document were transferred to
the New Association. The OTS by Order No. 90-1 195 dated June 22,1990, appointed RTC as
Conservator of the New Association;
WHEREAS, the OTS by Order No. 91-214 dated April 19,1991, replaced the Conservator of
New Association with the RTC as Receiver of New Association for the purpose of liquidation;
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement attached
hereto as Exhibit B in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as
"Easement Grantee," creating the Easement more particularly described in Exhibit C attached hereto; and
WHEREAS, Easement Grantee is willing to accept said Easement provided the grant of Easement
is a charge upon the abovedescribed 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
-2-
1789
charge of the deed of trust above mentioned to the lien or charge of the Easement created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
Easement and Beneficiary is wiUig that the grant of Easement 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 above referred to, it is hereby declared,
understood and agreed as follows:
1. That said Easement in favor of Easement Grantee shall unconditionally be and remain at
all times a charge on the property therein described, prior and superior to the lien or charge of the deed of
trust above mentioned.
2. That Easement Grantee would not accept said Easement 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 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 hereinbefore specifically described, any prior agreement as
to such subordination including, but not limited to, 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. Beneficiary consents to and approves the grant of Easement in favor of the Easement
-,
-3-
1790
2. Beneficiary intentionally and unwnditiodly subordinates the lien or charge of the deed of
trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that
in reliance upon, and in consideration of, this subordination of the grant of Easement is being executed and
delivered, the Easement is beiig created, and that specific monetary and other obligations are beii 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 Easement in
favor of Easement Grantee above refed to.
y the BENEFICIARY this , 1995
U
BENEFICIARY
RESOLUTION TRUST CORPORATION,
as Receiver for
IMPERIAL FEDE AVINGS ASSOCIATION
By:
Executed by the OWNER this d=&"day of AuW5-r , 1995
OWNER
VILLAS DE CAlUSBAD, LTD.,
a Califomia limited partnership,
William M. Chance
General Partner
(title)
BY: /" (authorized signature)
v Jack L. Rowe
(=ne)
General Partner
_-
1791
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 ON
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID
INDIVIDUAL TO ACT IN THIS MATTER.
lT 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
(Notarial acknowledgment of execution of OWNER and BENEFICIARY must be attached.
CMWD 91x379
CALLFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1792 NO. 5907
County of SPA b~c~o
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared MILL,^,,^ m. CCILMCE rt~b Jacr L. mL4z
NAME@) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) +dare
subscribed to the within instrument and ac-
knowledged to me that .keCske/they executed
the same in -bh"m/their authorized
capacity(ies), and that by --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 official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
0 ATORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAWCONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTITY(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmel Ave.. P.O. BOX 7184 * Cancga Park, CA 91309-7184
1793
&hey executed the. same capacity(ies), and Ihat by srltheir
JACKSON Co""'
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3794
K-691964
DESCRIPTJOF
DESCRIPTION
All of the West Half of the Southwest Quarter of. the Northeast Quarter of the
Northwest Quarter and that portion of the East Half of the Southeast Quarter
of the Northwest Quarter of the Northwest Qusrter of Section 6, Township 12
South, Range 4 West, San Bernardino Meridian, in the Ci.t y of Carlshad, County of San Dlezo, State of California, according to the Official. Plat thereof,
lying Weeoterly and Southwesterly of the Southwester1.y line of the land
described in deed to the State of California recorded June 12, 1970 as File
No. 1017RR of Official Records.
December 10, 1985 as File No. R5-465324 of Official Records.
Excepting therefrom that portion deeded to the City of Carlsbad recorded
December 10. 1985 as File No. 85-465325 and recorded May 27, 1986 as Pile No.
Also excepting therefrom that portion deeded to the City of Carlsbad recorded
86-208841, hoth of Official Records.
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PLmSE RECORD THIS -WENT AT
NO FEE A5 IT IS TO THE BENEFIT ) 1
OF THIS DISTRICT (GOV. CODE [6103]) )
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 ana 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,
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#hether above or below the surface of the ground. I
I 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 includ&g, but,. 1Jmited ,,to, erosion control
facilities, fenq$L,' .&t,es, ;&&a, &&ng devi#ee, alarms, lights,
and all other prdte&f;? ,' facili$ies and"d;ivf<es. 'The use shall
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also include . ... a laeans ,,. of access.%d and from sa for the
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4 $.+ purpose of**,, cqnatructing, operabnq, .. .'. ' I,
inspecting and'reconstructi$g said &ility. . 8,. 2 ". *. ..
I,
, Tb2 uses describ'ed herein$s$all be exclusiuk to the
Grantee. Grantor herein :#$r+$s that go,;btildings and/or seructures
will be erectvd, r~.lls &&n&$p&&d, f&ce &uilt n?r.krees planted, ,.. ,.. ~.*'.,.. *' ',:I' .I ' , .; . ..- .e, , , I.
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nor may the eashyent $e used 'b? the person 'or
entity, inci+ihi 'othek utilities,
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uses whether "cp*,aijible. qg i'I,cpmpatible .w'ith'' the uses deecribed
hexein without $hehe:'ctxpye$e i;lritten 'appigval . Qi ihe Grantee.
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1797
,
OCATION OF %E EASEMENT:
The easementigranted herein shall be located within and
pon the properties more particularly described in Exhibit nA1l' and
:hibit lrBW attached hereto and by this reference macle a part
,ereof.
.i
:Notarial acknowledgment of execution by GRANTOR must be attaohed,) i
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CERTIFICATION OF ACCEPTANCE OF DEED
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L.
: 1799
LEGAL DESCRIPTION:
WATER EASEMENT, LAS VILLAS' DE CARGSBAD
BEGINNING AT THE MOST NOR+HWESTERLY CORNER OF SAID LAND: THENCE
AVENUE^ AS CRANTED-pER~~EAsEMENT.~"TO"H.E-CI;rY-.oF
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 26'13" EAST 66.46 CALIFORNIA, RECORDED DECEMBER 10, 1985 AS F/P NO. 85-465325;
FEET TO A POINT ON A CURVE ':ICONCAVE SOUTHERLY HAVING A RADIUS OF
THENCE ALONG SAID CURVE T~OUGH .A CENTRAL ANGI,F. OF 16 3,1131 11 A
90.00 FEET, A RADIAL BEARS TO SAID POINT NORTH 00 33'47'' EAST,
DISTANCE OF- 26.-04 FEET-TO R:POINT 0% A~T~NGENT-.LINE:-THENCE GUTH
AND WESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS TO
THROUGH A CENTRAL ANGLE OF 81 34'04" A DISTANCE OF 68.33tFEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALQkG THE CENTERLINE OF PARCEL 1 OF EASEMENT GRANTED TO COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED MARCH 3, 1986 AS FILE NO. 86-083364 SOUTH 00 33*47" WEST 25.21 FEET; THENCE SOUTH 22 33'07" EAST 202.45 FEET: THENCE SOUTH 67 26'53'1 WEST 10.00 FEET TO THP:
72 51'42" EAST 50.00 FEET TO A POINT ON A CURWCONCAVE NORTHERLY
SAID POINT SOUTH 17 08'18" WEST: THENCE EASTERLY ALONG SAID CURVE
RUE po~ N . ~o . . NING, .SAID -.POINT- -AL50 ..BEING- oN~Ta~-wEsTEaLY T- I T F BEGIN SIPARCEL 1 OF SAID. EASMENT TO COSTA RRAL MUNICIPAL WATER DISTRICT; THEWcE- LEAVVING SAID-WESTERLY"S~DE ZINE SOUTH 67 26'53" WEST 19.00 FEET; THENCE SOUTH 22 33807" EAST'. '.
19-00 FEET; THENCE N6RTH 61~; 26°33i'EaST~ 25.01-F&%; THENCE :OE& 22 33'07" EAST 53.71 FEETI THENCE SOUTH 67 26'53" WEST 8.00 FEET; THENCE SOUTH 22 33'07" EAST 7.50 FEET; THENCE "NORTH 67 26'53" " EAST 8.00 FEET: THENCE SOUTH 22 33'07" EAST 144.00 FEET TO A
WESTERLY SIDE LINE OF SAID EASEMENT; THENCE NORTH 67 26'53" EAST 15.00 FEET; THENCE NORTH 22 33°07fl WEST 208.34 FEET; THENCE SOUTH
SAID PARCEL 1 OF SAID EASEMENT; THENCE AWNG SAID EASTERLY SIDE 67 26'53' WEST 1.01 FEET TO A POINT ON THE EASTERLY SIDE LINE OF
LINE OF SAID PARCEL 1 NORTH 22 33'07" WEST 15.87 FEET; THENCE LEAVING SAID EASTERLY SIDE LINE SOUTH 67 26'53" WEST 20.00 FEET " TO THE TRUE POINT OF BEGINNING.
POINT, SAID POINT BEING SOUTH 67 26'53" WEST 8.01 FEET FROM SAID i
C.M.W.D. 91-C.379
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N 89 26' lr W 66.46'
!R 34' 31' 90.00' 26.04'
N 72' 51' 4T W 50.00'
El' 34' 04' 48.00' 68.33'
N.OV 3.~47- E $5.2 1
N 22' JS' or w 202.45'
N 6T 26' 53" E 1 0.00'
N 67 26' 53" E t9,rn'
N s 33* or w fs.w
N 67' 26' 53' E 25.01'
N 22 33' 07" W 55.71'
N sjr 26' SJ' € ~ mo*
N 22 33' 07' W ~ 7.50'
N 67 26' 5f E 8.00'
NZP 3.3'07" W 144.00'
N 67' 26' 5.T E
N 22' 3.3' 07" W 2 24'
N 6T 26' fl E 1.01' TO'
1801
LEGAL DESCRIPTION:
WATER EASEHENT, I.4S VI- DE CARLSBAD
THAT PORTION OF THE WEST HAW OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OP THE NORTHWEST QUARTER AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BA8E AND BlBRIDIAN, IN THE CITY OF CARISBAD
PLAT THEREOF, LYIHQ WESTERLY AND SOUTHWESTERLY OP 'PHE SOUTHWESTERLY LINE OF TEE.LRND DESCRIBED IN DEED TO THE STATB OF CALIFORNIA, RECORDED JUNE 12, 1970 AS FILE NO. 70-101788 OF
COUNTY OF BAN DIBGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ._
EXHIBIT "e" AGE 1 OF 2 P c.w.w.o. 91-c.379 ACES'
,1802
RAOtlJS UNGlH
28.00'
66.46'
OO..OO' 26.04'
50.00'
25.21'
m2-15'
10.00'
19.00'
19.00'
48.009 68.33'
25.01'
53.71'
8.00'
7.50'
8.00'
144.00
15.00'
208.34'
1.011
1587'
20.00
LAGUM4 DR.