HomeMy WebLinkAbout94-209; CIP Limited LP; 1996-0065044: EasementRECORDING REQUESTED BY
CIP LIMITED LP.
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 B Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00 ,
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
538
one n 1996-006so44
OB-FEB-1996 11=57 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OfF!CE
GREGORY S"ITH, COUHTY RECORDER
FEES: 0. 00
MAR .41996
Assessor's Parcel No .. -:'2,..09,..·""0=81"=-0~9-~0=0 _____ _
Project No. & Name CMWD Project No. 94-209.
Lot 9, Carlsbad Tract 74-21. Loker Avenue West CN/Sl
GRANT DEED OF WATER LINE EASEMENT
CIP LIMITED L P .• ■ California limited p■rtner■hlp
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its
successors and assigns, an easement.
Purpose: the easement granted herein shall be granted for the following purposes: the construction,
operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities
designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface
water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches
and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and
all faci!ities and structures associated with saia use 'which are designed lo 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
devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and
1 06/14/95 Rev.
539
. . 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 TH!: 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.
APPROVED AS TO FORM:
RONALD R. BALL
GENERAL COUNSEL
Executed by the Grantor this _9-.:..__ day of //"./
19..!f_.
GRANTOR: CIP LIMITED LP., a California llmHed partnership
(name of grantor)
By:--'-,,S,.-,;~~~~:,.._,........-==:::=... ___ _
(sign here)
L:> , ... .,~! p .... -; ... -
(title of signatory)
By: _________________ _
(sign here)
(title of signatory)
By: ~ .
(Notia. acknowledgement of execution of GRANTOR must be attached.)
CMWD --'94=..,·2,.,0.,,9'---
2 06/14/95 Rev.
s-10
STATE OF CALIFORNIA
} ss.
COUNTYOF Sa,n'J>ie30
On___,_l..:..,l,_/~!..J.)_,9_,,5c..__ __
F • DATE
before me, Sy [vi' q
NAME, llTlE OF OFFICER
personally appeared,---'3"..,__,,e=--fJ.......l.f_,_r_.e....,,_l/. _,_C'"".'-'-H.L..::4."'-'-'f>2.utl"-:-C't2',,"'1'-:~:-:-:=:-::::----------:::::----,...,____:::,._ __
/ NAME(S) OF SIGNER(S)
'Q'...personally known to me • OR • D 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 acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity0es), and that by his/her/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.)
Title or Type of Document G:r,,nt ]>eeJ pf Wa ietJ.,.,'n e £4-Seme,rt,, ,4-p,y Jo?-Ofl-0 9--or;
Date of Document II /'f/q 5 No. of Pages _ __,2.;,,:_ _________ _
Signer(s) other than named above _1?..u.-"Qcc/\L04-"'l"'cl!.......JR~-..... ]3,.,_.o"",LJ//L--________________ _
CMWD 94-209
06/14/95 Rev.
EXHIBIT "A"
ALL THAT PORTION. OF LOT 9 OF CARLSBAD TRACT NO. 74-21, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AS PER MAP NO. 10372 RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A STRIP OF LANO 15.00 FEET WIDE,
LYING 7.50 FEET ON EACH SIDE or, AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE:
PARCEL A:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 9, SAID CORNER
BEING A POINT ON THE NORTHEASTERLY RIGHT OF WAY OF LOKER AVENUE
WEST (72.00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE
TO THE SOU'l'HWEST HAVING A RADIUS or 536.0,0 FEET (TO WHICH A
RADIAL LINE BEARS NORTH 52°50'23" EAST); 'l'HENCE ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 9 AND RIGHT OF WAY LINE
NORTHWESTERLY 36. 0(1 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 3°50154" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID SOUTHWESTERLY LINE ALONG SAID CENTERLINE ON A RADIAL LINE
BEARING NORTH 48 ° 59 1 2911 EAST 7. 50 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 48°59'29"
EAST 52.49 FEET; THENCE NORTH 52°50 1 23 11 EAST 278.36 FEET;
THENCE NORTH 37°09'37" WEST 38.00 FEET TO A POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR
SHORTENED AT ALL ANGLE POINTS AND ),OT LINES.
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE WESTERLY
ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 543.50
FEET AN ARC DISTANCE OF 80.00 FEET THROUGH A CENTRAL
ANGLE OF 8°26'01" TO A POINT OF TERMINATION.
PARCEL B:
BEGINNING AT T3E MOST SOUTHERLY CORHE'k·OF SAID LOT 9, SAID CORNER
BEING A POINT ON THE NORTHEASTERLY RIGHT OF WAY or LOKER AVENUE
WEST (72.00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 536.00 FEET (TO WHICH A
RADIAL LINE BEARS NORTH 52° 50' 23" EAST); THENCE ALONG THE
SOUTHWESTERLY LINE OF SAI& LOT 9 AND RIGHT OF WAY LINE
NORTHWESTERLY 196.43 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 20°59' 52" TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE ALONG SAID CENTERLINE ON A RADIAL
LINE BEARING NORTH 31"51 1 31 11 EAST 15.00 FEET TO A POINT OF
TERMINATION.
THE SIDELINES, OF SAID STRIP OF LAND SHALL BE LENGTHENED TO MEET
SAID SOUTHWESTERLY LINE OF LOT 9.
L.S. 6404 Exp. 12-31-
No. 6404
:_ .. :·.r .... :·:··======~:~~---,:-·--~-------'r-------------------------------542
' I
I
N.3r5r,r£. 15. oo·-"· . ...
LOT 9
MAP NO. 10372
EXHIBIT "B"
WATERLINE EASEMENT PLAT
SCALI! r " 60'
OATI /../7-95
DAN. RJS · CIC. 0/F
. SPEAR & ASSOCIATES cnxr. DOIDDIN r l,aJII) IIIIIYnnro
lUI IIUT HIIJlnt.'DJIU A't'IDl1Q
UCOIIDIDO, CU.%10..U. tUU
(11tl'7)7•7272 (lltl 711•2211
J08 NO.
~4-187
DWQ NO.
CMWO 94-209
. .
CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest In real property conveyed by the grant deed of easement, dated _/._,½'~o_¢_,_'9_f __ _
19_, from CIP LIMITED LP., a Callfomla llmlted partnership
_________ to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water
District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad
Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. n3 of the Carlsbad
Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly
authorized officer.
DATED: December 22, 1995
Secretary
CMWD 94-209
06/14/95 Rev.
. .
't• \
RECORDING REQUESTED
CIP LIMITED LP.
AND WHEN RECORDED, PLEASE
MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
544
~c n 1996-0065045
OB-FEB-1996 11=57 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY S"ITH, COUHTY RECORDER FEES: 0.00
A.P.N.: 209-081-09-00 Project No. & Name.: CMWD Project No. 94-209, Lot 9, Carlsbad
Tract 74-21, Loker Avenue West (N/S)
NOTICE:
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
Lot 91 Carlsbad Tract 74-21, Loker Avenue West (N/S)
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 HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this ,;'ti.. day of_c...M=-=I!)~"----~ 191:f, by ______ _
CIP LIMITED LP., a California llmlted partnership
(Truster/Owner)
First Interstate Bank of California, a California
hereinafter referred to as 'Owner,' owner of the land and corporation, acting as trustee under that certain
Indenture, dated July 1, 1995, between the Industrial Development Authority of the City of Carlsbad, California,
and First Interstate Bank of Callfornla
(Beneficiary)
hereinafter referred to as 'Beneficiary"; present owner and holder of the deed of trust hereinafter described;
1 06/14/95 Rev.
WITNESSETH
THAT WHEREAS, CIP LIMITED LP., a Callfornla llmlted partnership
(Trustor)
545
did execute
a deed of trust, dated _...,J""u,,_ly....,..11..._ __ _,, 19 95 to First lnsterstate Bank of Callfornla, a Callfomla corporation
(Date) (Trustee)
as trustee, covering all that portion of Lot 9 of Carlsbad Tract No. 74-21, In the City of Carlsbad, County of San
Diego, State of Callfornla, as per Map No. 10372 recorded In the Office of the County Recorder of Said County,
being a strip of land 15.00 feet wide, lylng 7.50 feet on each aide of, and parallel with the centerline as described
In attached Exhibit "A" & "B".
(Brief Legal Description)
(See Exhibit __ "A.,_" ,.&~'.,.,B" __ for Detailed Description)
to secure a note in the sum of two mllllon, seventy thousand dollars
(Lien Amount)
($2,070,000.00 ) dated
First Interstate Bank of Callfomla, a Callfornla corporaUon, acUng as trustee
under that certain Indenture, dated July 1, 1995, between the Industrial
-~J'-'u=ly~1~, -~• 19 95 , in favor of Development Authority of the City of Carlsbad, Callfomla, and First recorded
(Dated) Interstate Bank of Callfomla (Beneficiary)
in the office of the County Recorder of ~S'-'a=n._D=le""g~o _______ County on _...,J""u,,.ly~1~3,L1~9'"'9'"'5'-------'
(County) (Date Recorded)
as File No. 1995-0297079 of Official Records of said county; and
(F/P No.)
WHEREAS, Owner has executed, or Is about to execute, as grantor, a grant of EASEMENT/EASEMENTS
dated I 1/drJ 5 , 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._" -=&._"_.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
2 06/14/95 Rev.
546
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, 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 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 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. I f-Ne) consent to and approve the grant of EASEMENT/EASEMENTS In favor of the Easement Grantee.
2. I f-Ne) intentionally and unconditionally subordinate the lien or charge of the deed of trust above
mentioned to the EASEMENT/EASEMENTS 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/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 subordination; and
3 06/14/95 Rev.
: · ::: 547
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
~ BENEFICIARY this ~~~~~~~·19~
BENEFICIARY:
-tL /3 dayof
FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION, ACTING AS TRUSTEE
UNDER THAT CERTAIN INDENTURE, DATED JULY 1,
1995, BETWEEN THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF CARLSBAD,
CALIFORNIA, AND FIRST INTERSTATE BANK OF
CALIFORNIA ~
By:_+"--=A<J',p..-=>9--:'~--=~=-=-----
ture
By: _______________ _
(authorized signature)
(name)
(title)
Executed by the OWNER this ______ day of
1,/,./ 19~
OWNER:
CIP LIMITED LP., A CALIFORNIA LIMITED
PARTNERSHIP
(name)
f,w-r._..,...,
(title)
By: _______________ _
(authorized signature)
(name)
(title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN
A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE
BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF
OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
Ronald R. Ball, General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD _94~·2=0=9~--
4 06/14/95 Rev.
STATE OF CALIFORNIA
ss.
COUNTY OF Sa.r1 'J>i' e10
On Jt/J//45
DATE
before me, Sylv,'tt J<. ltarr-/-5.?"1, YRi"-"'f --Pv/,/,'c
NAME. TITLE OF OFFICER
personally appeared__,J"'--=e::..f.J-':£'-'-r_.,,e'-Jjy'--'C::....:... ...... H--'--"'a"'-'-'mCLNA~~=:=,s?c'-:o:-::F-:-Sl...,.G--NE-,,R""'(S,-) ------------
IS:l(personally known to me -OR • □ proved to me on the basis of satisfactory evidence to be the person(s) whose
narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document 5,,kotdi'n¢t-lon .> ce me ,at A-f,£ .;J.~ 9-oil-e,9 -tJd
Date of Document II /'(/9 'S No. of Pages __ ..... '/ __________ _
Signer(s) other than named above F,',-g: .z-,terstA.i.c:&,ttk <f-: 'Rona,ld ](.J3q,f/
CMWD 94·209
06/14/95 Rev.
STATE OF CALIFORNIA
COUNTY OF S1to D1E6-6
ss.
On -~1_1+}_1~_,,_/9.~~~--before me. S/11'1/?PN ~ L EV,Y,t AJa7i'1£if /1.(3LtL
DA TE NAME, TITLE OF OFfJCER
personally appeared ___ J~_~_Fi_;e_c;,.Y __ l)_._S----,,-,T.-:-=1-:-::1:-::6::-S-=-===---------------
NAME(S) OF SIGNER(S)
f.w'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 acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document ____________________________ _
Date of Document _____________ No. of Pages _____________ _
Signer(s) other than named above __________________________ _
CMWD 94-209
06/14/95 Rev.
EXHIBIT "A"
ALL THAT PORTION. or LOT 9 or CARLSBAD TRACT NO. 74-21, IN THE
CITY or CARLSBAD, COUNTY or SAN DIEGO, STATI or CALIFORNIA,
AS PER HAP NO. 10372 RECORDED IN THE OFFICE or THE COUNTY
RECORDER or SAID COUNTY, BEING A STRIP or LANO 15,00 FEET WIDE,
LYING 7.50 FEET ON EACH SIDE or, ANO PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE:
PARCEL A:
BEGINNING AT THE MOST SOUTHERLY CORNER or SAID LOT 9, SAID CORNER
BEING A POINT ON THE NORTHEASTERLY RIGHT OF WAY OF LOKER AVENUE
WEST (72,00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE
TO THE SOUTHW~S'.l' HAVING A RADIUS or 536,00 FEET (TO WHICH A
RADIAL LINE BEARS NORTH :; ·. ;:,V · 2311 l!:AST); THENCE ALONG THE
SOUTHWESTERLY LINt: O'!!' SAI•J !.OT ~ ANO R::.:GH'i' Ol" WA.' LINE
NORTHWESTERLY 36. 00 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 3°501 54 11 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID SOUTHWESTERLY LINE ALONG SAID CENTERLINE ON A RADIAL LINE
BEARING NORTH 48°59 1 29" EAST 7,50 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 48°59'2911
EAST 52.49 FEET; THENCE NORTH 52°50 1 23" EAST 278.36 FEET;
THENCE NORTH 37°09 1 37" WEST 38.00 FEET TO A POINT or TERMINATION.
THE SIDELINES OF SAID STRIP OF LANO SHALL BE LENGTHENED OR
SHORTENED AT ALL ANGLE POINTS ANO }.,OT LINES,
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE WESTERLY
ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 543,50
FEET AN ARC DISTANCE OF 80. 00 FEET THROUGH A CENTRAL
ANGLE OF 8°26 1 01" TO A POINT OF TERMINATION,
PARCEL B:
BEGINNING AT THE MOST SOUTHERLY CORNER or SAID LOT 9, SAID CORNER
BEING A POINT ON THE NORTHEASTERLY RIGHT OF WAY or LOKER AVENUE
WEST (72,00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 536,00 FEET (TO WHICH A
RADIAL LINE BEARS NORTH 52°50 1 23" EA':IT)J THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 9 AND RIGHT or WAY LINE
NORTHWESTERLY 196,43 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 20°59 '52" TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE ALONG SAID CENTERLINE ON A RADIAL
LINE BEARING NORTH 31 • 51 1 31 " EAST 1 5. 00 FEET TO A POINT OF
TERMINATION,
THE SIDELINES. OF SAID STRIP OF LANO SHALL BE LENGTHENED TO MEET
SAID SOUTHWESTERLY LINE OF LOT 9,
L.S. 6404 Exp.12·31-
No. 6404
Nl4ti'_ r..~.----~----c---------'~.}--------
---------------------
' '
I
N.3r5r31'"£. /5.00'-•:: .....
LOT 9
MAP NO. 10372
PARCEL B
EXHIBIT "B"
WATERLINE EASEMENT PLAT
SCALI r = 60'
DATI /-/7-95
ORN. RJS CK. 0/F
. SPEAR & ASSOCIATES crnr. 1:11cnnDIH ,. t.aJID •uavnn,a
1111 IIUT Hllllnt.'IPU ATIDIVII
UCOlll>IDO, CUUOUU. UUI
lflt)'7>7-7272 jilt) 7Ct-2210
I
J09 NO.
~4-/87
DWG NO.
CMWD 94-20'3
CER'l'tnlm COPY OP RESOLUTION OP IOARD or DIREC'l'OltS ot PUST INTEMl'ATZ IWIX OF CALIFORNIA
USOLVED, that any tvo of the Chairman of the Board, becutive Vice President, Senior Vice President, As•i•tant
General Counael, Vice Pr••ident, th• CODptroll.r, or any Mana9inq Coun•el, any Senior Counsel, the Secretary, any
Man&CJ&r, Aa•iatant Manager, Senior TrUat Officer, Ae■iat&nt Vice President, Trust officer, A••i■tant C.ahiar, Aa■iatant secretary, OpC&tiona Officer, Corporate B&nkinq Officer, Bank.inc, Officer, Inveataent Officer, or International
B&nkinq ott leer, at laa■t one of whoa ia the Chainian of the Board, an Executive Vic. Pr••iclent, Sanior Vic• President, M■i■t&nt c.aneral Counsel, Vice President, th• Coaptroller, Kana9ing counaal, or Senior coun■al, witb or without the •••1 of thi• Corporation, •Y•
(1)
(2)
(3)
<•>
($)
(6)
aaka, aign, execute and. delivar loan agraeaent• and
comaitaent letter• Vbare tbe extension of credit
amount■ to or exceed• $20 •illion, and ••tuial aoditicationa, material IUNIUD.ent• and. original• of
exhibit• thereto;
aaJca, •1911, execute, and deliver in the nue ot and. on behalf of thi• Corporation on i ta ovn account or aa fiduciary of any court or private tru■t account,
conveyance•, deed•, quit-claim•, le&•e•, ■ortqage•, security agreazents, power• of attorney, bonda of
indemnity or other-undartakinga, contracts for the
purchase or ••l• of real or per•onal property, r,purchase agreoent■ or guarantieA; ·
as•ign, tran•fer, and deliver bonds, certificates
of ■tock and other obli9atione and inatruaent•
belon;ing to thi• corporation or any trust bald by
tbi• Corporation;
open ■uch depo■l t account■ in the na.e ot and tor
the benefit of thi• corporation with auc:ih other
financial institution••• they aay froa tiae to
time deteraine neceaaary and appropriate, and to d.o
■o on aucb terms and condition• aa ab.all l:>e acceptable to them;
~uthoriae, in writing, the use ot ■uch preprinted.
fora avreeaenta of tbi• corporation aa uy be found t:o be nece•■ary, proper or expedient, vi th or without execution by any officer of thi•
corporation,
except•• othexwi•• provided in thi• resolution, •ak•, aign, execute, and deliver any othar inatrumenta, document■ or agreue.nta relating to or
affeetiJ1q the property or buaineaa of thia
Corporation, or the prope~ty or :buainess of any
court tr-~•t held by thi• Corporation, or the property or buainesa of any private trust held by this Corporation, vhich ■ay l>e found necessary,
proper or ezpec!ient to ff executad, ■ivn■d or d.ellvere4 1n conductin9 the bu.sine•• of thi■
~rporation.
RESOLVED FURTHER, that the Chainian of the Board, the
Pre■ident, any Vic• Cbalnan, Executive Vice President,
Senior Vice Pre•ident, Assistant General Counsel, Vice
I
Preaid•nt, th• Comptroller, Secretary, any Mana9in9 Counsel, any Senior eounsel, senior Tnl•t Officer, Manager, Asai■tant
M<11.na9er, Aaai■tant Vic• Prealdent, 'l'ruat Officer, Aaalatant caahiu, Aa■iatant Secretary, Operation■ Officer, Corporate
BankirMJ Officer, hnkinq Officer, Investment Officer,
International Banking Officer, or Leaainc, Officer, with or without the seal of this corporation, and in the nue of and
on be.half of thi• Corporation on its own account or••
fiduciary of any court or private trust account uy:
(1)
(2)
0)
<•>
(S)
(6)
(7)
(8)
Mke, execute and deliver loan aqreaent• and.
COllllibaent letter■ where the extenaion of credit ia
l••• than $20 •illion, and uterial IIOd.ifice.tiona,
aa.terial uend:Jaanta and ori9inala of exhibits
thereto;
aaJte, execute, and deliver full or partial reconveyancea, rel••••• or aati■faotiona of mortg-agea, deed■ of trust, security agreeaent■,
loan •CJZ'eement•, •••i9Jment•, ■ati■faction■ ot judpents, and release• of lien• relatinq to or affectiJMJ rul or personal property;
.alee, execute, and. deliver financing etate•ent•,
ancS ■tat•ent• ot continuation, rel&&■•, assignment, ter.J.nation, and aaendment, and any
othar docu.enta relatinq to or affecting a security
inter.at in per•onal property, ••ttlaent agreuenta, and bankruptcy claUUI;
•aJce, execute, and deliver aaaiqnaent■ or
reaa■i911Jl8Jlta ot any note■, aort9a9ea, security
&(JX'eementa, leases, royalties, insurance policies
or any other docu..ant■ executed in favor or or
assigned. to this Corporation as security tor any indabtadne■■;
make, execute, and deliver ■pot, forward, financial
future■ and option •CJremaent• for v.s. qovenunent
and agency eecuritiu or foreign currency,
agreament■ tor interest rate or currency swaps, capa, floor• or swap option■, agreaaent■ for
c:oamodity swaps or option■, participation
a9Z"eeaanta, reiaburaeaent agreementa, intercreditor
agreement., bUi.ldin9 loan agreement., and
llOd.ificationa, --•ndment■ and original■ of exhibit■ thereto;
extend, or consent to the extension of, the tille
for pay.ant of any note, mort.qaqe, security agr-aeaent or dead of trust;
accept delivery and reeeipt for any aoney or property paid or delivered to thia corporation;
make, execute and deliver (a) requests to any
trustee or t.ru■te•• named in any deed ot trust under which this Corporation is or aay her.aafter
k>ecoae beneficiary or assign•• ot any beneficiary, tor a full or partial reconveyance ot the property
covered. bY euch deed. of trust, (b) notice■ of breach and election of thia Corporation to ■•11 or c.use to ba sold any property described in any aforementioned deed of truet, to ••tiafy t.he oblivation secured. by eaid deed ot trust,•• is
provided in Section■ 2924, et seq. of the civil Code; (c) notices to t.ru•tee or truateea named in
-
I
(9)
(10)
(11)
(12)
any aforeaentioned. de.cl of truat, to proc..S to
carry out th• u.n. of nid d•ed of truat and. to
aak• ■ale ot the property de■eribad in th• said deed of trust,•• i■ provided tor J,y lav, and to
apply the proceeda to tbe ■atiefaction ot' the
obligation to thia Coq>0ration ■ecurad by ■aid dead
of tru■t1 (d) tull and/or partial reconveyance■
when and•• required under deed■ of tru■t pur■uant
to Vhieb tbi■ corporation 1■ acti"9 •• Trust•• and. Notice■ ot Tru■t••'• Sala and any and all other document■ of every nature to be .xacuted in connection with forecloaura■ under ■ucb dHd■ of
tru■t axce.ptin9 Tru■tM 1 ■ deed after ■ala; (a)
cartificationa of not•••• bai119 ■ecurad by deed■ of truat and/or declaration■ of t.rusta:; (f) aub■titutiona of TrU■tu■ named in dead■ of truat
aacurinq obligatiou ovecl to this corporation; and -4-'
d a other act or ■i other document th&
aa be nacaaa or er to
rota • o • •• Co rat on ny ofaa ao er u mtoZ'IIUICII ot the £irii of any of aald ciiecia ot Nat to aatl■:}th• obllS§lon to Ehl■ Corporation on 19 OYD ■C<?' ......!!t or U. _ tiduelv:v pr representative ca~acit!J
•aka, ■iCJD, execute an4 deliver in the nmaa of and
on behalf ot thi■ Corporation all bond, indenture■,
agency agreements and trust •gr-ant■, accept court truata, accept private 1:ru■t■, accept and con•ent to the converaion of private truata into
court trusts; sign and verity petitiona and
account■ and returns of nle and report■ and all
other pleading-• and docuaents proper to be tiled in probate or other court proceeding• reapectin9 a court or private trut, ■iCJll and verity pleading■
in actions at lav or in equity; petition for the
appoinQlant of thi■ Corporation•• Executor, Adlli.niatrator, Adaini■trator with the Will Annexed,
CUardian, Trustee, Conaervator, Receiver and
eu.■toclian under the Unifon Tran■tar to Minor■ Act in any proceeding• in probate or in equity; take
and ■ign oatba and verification• to Letter■
Teataaenta.ry, Letter■ of Adaini■tratioft, Letter■ of Guardian■hip, Letter■ of Con■ervator.ahip,
appoint.Jlenta •• 'ITU■te., Receiver and CU.atodian under the Unifora Transfer to Ki.nor■ Act and ■uch
other oath■ and verificationa on the part of thi■
Corporation •• uy be nece■aary or proper in any proceedi1191 re■ip •• Executor, Admini■trator, Guardian, TrU8tea, Conservator, Receiver, or
custodian uncler the Unifora Tran■ter to Minor■ Act;
axecute and deliver proxie■ and PoVara of attorney to vote share■ of corporate ■tock■ held by thia Corporation for itself or•• Jxecutor, Administrator, Receiver or Truatae, or any other
repreaan.tativa or fiduciary capacity;
_certify Certificate■ of Beneficial Intara■t, certificate■ of ovner•hip and other evidences of the ri9ht■ of ben•ticiariaa in and to court and private tru■t■ held by thi■ corporation;
sign (a) certificate■ of authentication tor and on
l>ehalf of thi• Corporation •• trustN, or in other rapreaentative capacitiu, with respect to bond■,
-
(13)
(1')
(15)
(1&)
notes, debentur .. and other obl19ationa is■ued under corporate aortgagaa, tru•t a9Z" .... nta and other indenture■ executed to thi■ Corporation and (b) certificate• for aecuriti•• depoeited, interia
certificate■ and other certificate■ for and on
be.half of thi■ Corporation•• dapo■ ita.ry or agent;
countaraign bond•, notaa, certitic.-tu ot •tock,
voting tru■t certificates or participation
~ificatea on behalf of this Corporation••
tran■far agent or registrar,
c.ertify certificate"■ of cancellation and of
creaation of atoclt■ and. ):)ond■;
certify copiu of any By-Lav, record, dOCWMnt or
any inatruaent belon9inq to thi■ corporation or to
any trust bald by it1
execut• and d.eUvar contracts on aucb toru and
purauant to •lK:h terms •• have been approved in
writin9 in advance by the Cbairaan ot the Board,
the Pruident, any vlo• CJ:aainaan, Executive Vice
President, or the Coaptroller, or any Senior Vice
Pr••ident, t09ether vith the Secretary or any A■■ist&nt Vice Pruident, U■istant casbier, A••i•tant Secretary, corporate Banking" Officer, Banking Officer, Inve■taent Officer, or International Banlc.in9 Officer.
USOLVED FURTHER, that a copy ot thia resolution be record.ad
at tbe di■cretion of the Secretary in the office of the
county Recorder of any County of the State of California.
* * * • • • • • • • • • •
I, s. Richter Schanbacher, Aaai■tant Secretary of FIRST INTERSTATE BANX OF.CALIFOIUJIA, a California corporation,
hereby certify that the foregoing ia a tull, true, and.
correct copy of reaolutiona duly adopted by th• Boa.rd of
Director■ of said corporation at a meeting of ■aid Board
duly and regularly held on the 17th day ot April, 1995, at
which •••ting a quorua of ■aid Board vaa present and acting, and that ■aid re■olutions are in tull force and effect and have not Men revoked.
WITNJ:SS •Y hand and the •e•l of ■aid corporation thi■ 16th
day of Novamber, 1995.
Aaai■tant Secretary
of
FIRST INTERSTATE IWIJ: OP CALIFOIIIIIA