HomeMy WebLinkAbout96-518; Pacific View Communities, LLC; 1998-0202772; Easement4. RECORDING REQUESTED BY
' Pacific View Communities LLC.
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
I Engineering Department .: 5950 El Camino Real
Carlsbad. California 92008
MAIL TAX STATEMENTS TO: (.
\ EXEMPT
I
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
1278
JVr. lo I OFFICIAL REGDRDS 19S8 ll.'53 *M
SIIN DIEGO CW RECORDER'S OFFICti
FEES: 0.00 GKGDRY J. SMITH, WUNTY RECORDER
OC: M
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO
( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad , and
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, LSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged. 1~ I
Assessor's Parcel No. 167-250-1 6
Project No. & Name 96-518. Pacific View Estates
N.E. Corner of Donna at Carlsbad Villaae Drive
GRANT DEED OF WATER LINE EASEMENT
PACIFIC VIEW COMMUNITIES LLC., a California Limited Liability Company
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 ail 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 10/20/97 Rev.
1279
devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and
from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said
facility.
..
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings
and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the
Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or
incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT
The easement granted herein shall be located within and upon the properties more particularly described
in Exhibit "A" and Exhibit "B attached hereto and by this reference made a part hereof.
Exe t by the Grantor this - e?- dayofeL
19@
GRANTOR
Limited Liability Company
PACIFIC VIEW COMMUNITIES LLC., a California
(name of grap6or)
By:
(sigw
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that
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:
GENERAL CO
RONALD R. BALL
By: CMWD 96-518
10/20/97 Rev. 2
1280
STATE OF CALIFORNIA 1
COUNTY OF mv 1 lss.
personally known to me - OR - " proved to me on the basis of satlsfactoty evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that ReleRe/they executed the same in hWk/their
authorized capacity(ies), and that by kiDCkcrltheir signature@) on the instrument the person@), or the entity upon behalf of
which the Dersonfs) acted. executed the instrument.
/.
..
WITNESS my hand and official seal.
(This area for official notary seal.)
I Title or Type of Document b\ \
Date of Document 4'7 -qB NO. of Pages 7
Signer(s) other than named above
CMWD 96-518
06/14/95 Rev.
'. EXHIBIT "A" 1281
WATER EASEMENT - CX.W.D. JOB NO. 96-518
A PORTION OF THE NORTHWEST QUARTER OF TIE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 11, RANGE 4 WEST SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF MAP NO. 11973, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 1 I,
532.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
OOO56'35" WEST 147.02 FEET; THENCE SOUTH 89"12'20" EAST 304.45 FEET; THENCE
NORTH 24"15'57" WEST 22.08 FEET; THENCE NORTH S9"1220" WEST 275.05 FEET;
THENCE NORTH OO"56'35" EAST 114.90 FEET; THENCE NORTH 63'07'03'' EAST 159.42
FEET; THENCE NORTH 30'52'3 1" EAST 30.41 FEET TO A POINT ON THE ARC OF A
RADIAL LINE TO SAID POINT BEARS, SOUTH 04"48'21" WEST; TIENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 26'01'10" A DISTANCE OF 20.71 FEET; THENCE LEAVING THE ARC OF
SAID CURVE, SOUTH 30'52'3 1 " WEST 20.00 FEET; THENCE SOUTH 63'07'30'' WEST
165.70 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.279 ACRES MORE OR LESS.
1987 AS FILE NO. 87-683620 OF OFFICIAL RECORDS; THENCE SOUTH 00'56'35" WEST
NON-TANGENT 45.51 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
.. .
i i
1282
CARLSBAD MUNICIPAL WATER DISTRICT I IESTED IN : VICINITY MAP
DATE : 33 1 -98 SHEET 1 OF 2
4SSESSOR'S PARCEL No.
(m) +reas0
""- RDG CONSULTANTS C.M.W.D. F%OJECT NO.
167-250-16 96-51 8 SOIP"
~~~
0 0 2
..
N89 12’20’W 275.05‘
Uy DATA CLRM DATA \
RADUS I
453’ 1 26 0410 I 20.7l’
Nx) 52’31T 70.W I 16 2455’ I 20.06‘
N43 5741W 6.73
N24 15‘57%’ 220.5, LCJBLW) \
DELTA I ARC \ \
CAREA - 0.274 ACRES MCE OR LE553
NUCATES RCf’05ED WATER EASEMENT \
0 50 100 NWATES SUBDMslON BOUNDARY ‘, \
CARLSBAD MUNICIPAL WATER DISTRICT VESTED IN : DATE : 3-3 1-98 SHEET 2 OF 2
ASSESSOR’S PARCEL NO. PROJECT NO. RDG CONSULTANTS
167-250-16 C.M.W.D. 96-5 18 ““(LpmcaB awlunmosnm
1284
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated %/e/ , 1998, from PACIFIC VIEW COMMUNITIES LLC., a California Limited
Liabilitv ComDany to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the
Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent
on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by
Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the
grantee consents to recordation thereof by its duly authorized officer.
DATED: April 9, 1998
CMWD 96618
HA@EN*NZ, Secretary
KAREN R. KUNDTZ(_IAssistant Secretary
11/03/97 Rev.
li, RECORDING REQUESTED BY >
it
! ., ' PACIFIC VIEW COMMUNITIES LLC.
I
J' AND WHEN RECORDED, PLEASE MAIL TO
~ I
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
12
Please record the document at no fee as it is to the
benefit of the District (Gov. Code [6103].)
I Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 167-250-1 6
PROJECT NO. & NAME: 96-518. Pacific View Estates
N.E. Corner of Donna at Carlsbad Villaae Drive
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
44 THIS AGREEMENT, made this 2 day of , 19s, by DANIEL W. RYAN. a married man
as his sole and seDarate DroDertv , owner of the land described and hereinafter referred to as "Owner," and
DALJIT S. SARKARIA AND ELAINE SARKARIA. husband and wife, present owner and holder of the deed of trust
hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, DANIEL W. RYAN. a mariied man as his sole and seoarate oroDerty did execute a deed of
trust, dated SeDtember 26, 19% to DALJIT S. SARKARIA AND ELAINE SARKARIA. husband and wife, as trustee, to
10/20/97 Rev.
....
1286
r. ~
-secure a note in the sum of Two Hundred Twentv One Thousand One Hundred Seventv One Dollars f$221.171.00)
dated Seotember 16. 1995 in favor of FIRST AMERICAN TITLE INSURANCE COMPANY. a California Corooration
recorded in the office of the County Recorder of San Diego County on Seotember 19. 1995 as File No. 1995-0436458 of
Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated
fq98 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating ANnHE EASEMENT/EASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A & "B
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENnEASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENT/EASEMENTS 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 described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
2 10/20/97 Rev.
. .-. 1287
' . 'a
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 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
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3 10120197 Rev.
. .. . 1288
< , ’.
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 EASEMENT1EASEMENTS in favor of
Easement Grantee above referred to: z day of 4QStL
19 19
day of
BENEFICIARY: CURRENT OWNER: PACIFIC VIEW COMMUNITIES
DALJIT S. SARKARIA AND ELAINE SARKARIA, LLC., a California Limited Liability Company, by
husband and wife substitution of documt recorded June 19, 1996 as FiIelPa-I ,
orized signature)
By: By:
3. Tk
(name) (name)
Its: bot€
(title)
Its:
(title)
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
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.
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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
CMWD 96518
I0120197 Rev. 4
. .. ,
I. '. 1289
STATE OF CALIFORNIA 1
COUNTYOF 1 lss.
personally known to me - OR - '' proved to me on the ba d of satisfactory evidence to be the person(s) whose name@.)
islare subscribed to the within instrument and acknowledged to me that -/they executed the same in Mfherltheir
authorized capacity(ies), and that by kielkerltheir signature(s) on the instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the instrument
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document \
Date of Document No. of Pages
Signer@) other than named above
CMWD 96-518
06/14/95 Rev.
i' ..
1290
STATE OF CALIFORNIA 1
COUNTYOF -&?= lss.
personally known to me - OR - " proved to me on the basisd satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that Melthey executed the same in kielkerltheir
authorized capacity(ies). and that by kisikerltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document A\%. ..&&e"
Date of Document 2.48 4. NO. of Pages 9
Signer(s) other than named above
CMWD 96-518
06/14/95 Rev.
. .r
I 1291
EXHIBIT "A"
WATER EASEMENT - C.M.W.D. JOB NO. 96-518
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 11, RANGE 4 WEST SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT I OF MAP NO. 1 1973, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 1 1,
1987 AS FILE NO. 87-683620 OF OFFICIAL RECORDS; THENCE SOUTH 00'56'35'' WEST
532.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
OOO56'35" WEST 147.02 FEET; THENCE SOUTH 89O12'20" EAST 304.45 FEET; THENCE
NORTH 21"15'57" WEST 22.08 FEET; THENCE NORTH S9"12'20" WEST 275.05 FEET;
THENCE NORTH OOO56'35" EAST 114.90 FEET; THENCE NORTH 63O07'03" EAST 159.42
FEET; THENCE NORTH 30"52'3 I" EAST 30.41 FEET TO A POINT ON THE ARC OF A
RADIAL LINE TO SAID POINT BEARS, SOLJTH OJoJs'21" WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 26"OJ'IO A DISTANCE OF 20.71 FEET; THENCE LEAVING TIE ARC OF
SAID CURVE, SOUTH 30'52'31'' WEST 20.00 FEET; THENCE SOUTH 63"07'30" WEST
165.70 FEET TO THE TRUE POINT OF BEGINNING.
NON-TANGENT 45.51 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
SAID EASEMENT CONTAINS 0.279 ACRES MORE OR LESS.
CITY OF OCEANSIDE
!
CARLSBAD MUNICIPAL WATER DISTRICT
VESTED IN : I VICINITY MAP
1292
DATE : 3-3 1-98 SHEET 1 OF 2
ASSESSOR'S PAREL NO. C.M.W.D. PROJECT NO. RDG CONSULTANTS
167-250-16 96-5 18 ""aplrrcas SDU" (m) mmm
LM DATA URVE DATA \
DELTA I
45.51 I 26 04'10' 1 20.71
MC
70.00' 1 1C 2435' I 20.06. \
WO 52'31T N43 3741W 6.73
N24 w57w 220% \
NUGATES PROPOSED WATER EASMRIT
=A - 0.279 ACRES MORE OR LESS) - \
0 50 100 - NOltATES WBM510N B0LM)ARY \\
CARLSBAD MUNICIPAL WATER DISTRICT
lESTED IN : I DATE : 3-3 1-98 MET2OF2
ASSESSOR'S PARCEL NO. RDG CONSULTANTS PROXCT NO.
167-250-16 C.M.W.D. 96-51 8 ""IRCIOPB
(m) - SouaUDmslan
~~
.. ..
RECORDING REQUESTED BY
PACIFIC VIEW COMMUNITIES LLC. I 1294
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
I
Please record the document at no fee as it is to the
benefit of the District (Gov. Code 161031.)
I)OC # 1998-0202774
SAN DIEM CW RECOROER'S OFFICE OFFICI# mRDs
I Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 167-250-16
PROJECT NO. B NAME: 96-518. Pacific View Estates
N.E. Corner of Donna at Carlsbad Villaae Drive
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
4 THIS AGREEMENT, made this uay of /;LpR('L , 19e, by DANIEL W. RYAN. a married man
as his sole and seoarate Droperty, owner of the land described and hereinafter referred to as "Owner," and HILTON
E. STINE AND MILDRED R. STINE. Trustees under Declaration of Trust . dated December 21. 1976, present owner
and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, DANIEL W. RYAN. a married as his sole and seDarate DroDea did execute a deed of
trust, dated SeDtember 26, 19s to FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation
10/20/97 Rev.
.' 1295
.' as trustee, to secure a note in the sum of Two Hundred Sixtv One Thousand. Six Hundred Twentv Dollars
1$261.620.00) dated SeDtember 26. 1995 in favor of HILTON E. STINE AND MILDRED R. STINE. Trustees under
Declaration of Trust. dated December 21. 1976 recorded in the office of the County Recorder of San Diego County on
SeDtember 29.1995 as File No. 1995-0436457 of Official Records of said county: and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated
, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A 8 "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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENT/EASEMENTS 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 described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
2 10/20/97 Rev.
1296
~' 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 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
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3 10/20/97 Rev.
1297
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 this n?@ day of APRIL
19s.
BENEFICIARY:
HILTON E. STINE AND MILDRED R. STINE, Trustees
under Declaration of Trust, dated December 21,1976
Its: UC~SOL RU5T
(title)
bZ
(authorized signature)
(name)
Its:
(title)
A day of ,
19
CURRENT OWNER: PACIFIC VIEW COMMUNITIES
June 19,1996, as
LLC., a California Limited Liability Company, by
A By:
vorized signature)
(name)
Its:
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
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.
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
RONALD R. BALL, General Counsel
By:
CMWD 96-518
10/20/97 Rev. 4
1298
STATE OF CALIFORNIA 1
COUNTY OF -6- k.s.
on=L7=- beforeme, -w M. A. P ;
DATE ' NAME AND TITLE OF OFFICER
personally known to me - OR - " proved to me on the bad of satisfactory evidence to be the person(s) whose name(s)
dare subscribed to the within instrument and acknowledged to me that beklwlthey executed the same in i+&er/their
authorized capacity(ies), and that by Hsfkr/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.
(This area for official notary seal.)
I
Title or Type of Document &Us. 6c?m-
Date of Document 4-7-46 NO. of Pages 4
Signer(s) other than named above
CMWD 96-518
06/14/95 Rev.
1299
STATE OF CALIFORNIA 1
On April 2, 1998 before me. Ann E. Knight, Notary Public
DATE NAME AND TITLE OF OFFICER
personally appeared **Keith Leslie Stinex***
NAME@) OF SIGNER(S)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir 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.
Lb- k2&
SIGNATURE OF NOTARW
(This area for official notary seal.)
I Title or Type of Document Subordination Agreement I I Date of Document April 2, 1998 No. of Pages I
06/14/95 Rev.
I
..
1300
EXHIBIT "A"
WATER EASEhlENT - C.M.W.D. JOB NO. 96-518
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 1 I, RANGE 4 WEST SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT I OF MAP NO. 1 1973, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 11,
532.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
OOO56'35" WEST 147.02 FEET; THENCE SOUTH 89'12'20" EAST 304.45 FEET; THENCE
NORTH 24"15'57" WEST 22.08 FEET; THENCE NORTH 89"12'20 WEST 275.05 FEET;
THENCE NORTH OO"56'35" EAST 114.90 FEET; THENCE NORTH 63'07'03" EAST 159.42
FEET; THENCE NORTH 30'52'3 I" EAST 30.4 1 FEET TO A POINT ON THE ARC OF A
RADIAL LINE TO SAID POINT BEARS, SOUTH 04'48'2 1 *' WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 26°0T10" A DISTANCE OF 20.71 FEET; THENCE LEAVING TIE ARC OF
SAID CURVE, SOUTH 30"52'3 I" WEST 20.00 FEET; THENCE SOUTH 63"07'30" WEST
165.70 FEET TO THE TRUE POINT OF BEGINNING.
1987 AS FILE NO. 87-683620 OF OFFICIAL RECORDS; THENCE SOUTH 00°56'35" WEST
NON-TANGENT 45.51 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
SAID EASEMENT CONTAINS 0.279 ACRES MORE OR LESS.
,.
CITY OF OCEANSIDE
1301
i
CARLSBAD MUNICIPAL WATER DISTRICT
I VICINITY MAP VESTED IN :
DATE : 33 1-98 SHEETlOFZ
ASSESSOR'S PARCEL NO. C.M.W.D. PROJECT NO. RDG CONSULTANTS
""L+prcIQB ma" om) nem 167-250-16 96-5 18
. _" " / l-
EXMIBIT W
1302
WATR €ASMM
UREA - 0.274 ACRES MORE OR LESS>
NDCATfS suBMv151oN BOU(DARY 0 50 100
\
\ \
\ \
\
~~ ~
CARLSBAD MUNICIPAL WATER DISTRICT VESTED IN : DATE : 3-3 1-98 SHEET 2 OF 2
ASSESSOR'S PARCEL NO. PROJECT NO. RDG CONSULTANTS
167-250- 16 C.M.W.D. 96-518 ""-
SDU"
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