HomeMy WebLinkAboutCMWD 95-402; REAL ESTATE COLLATERAL MANAGEMENT COMPANY; 1997-0605498; EasementT 1 I -9
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.REZORDING REQUESTED BY 'I
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Redl Estdte Collateral
Management Company I, EIEC ,ox 3 "997 3 :: 33- E-8 t" -
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
1200
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$#I IIIEGi] ZQupjT? @i:!'$DER'$ fiFFi&
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FEES: QJQ u!; : NA "
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 213-030-1 1,215-031 -8
Documentary transfer tax is $ 0.00 Project No. & Name 95-402, Poinsettia Sewaqe
( ) computed on full value of property conveyed, or Lift Station - 86-502, Ranch Carrillo
( ) 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, CITY OF CARLSBAD
receipt of which is hereby acknowledged.
-" - WILLIAM E. PLUMMER, District Engineer
GRANT DEED FOR FEE SIMPLE PARCEL,
APPURTENANT EASEMENT
AND
TEMPORARY CONSTRUCTION EASEMENT
REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation
does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, the following described fee
simple parcel and an appurtenant easement.
Purpose: The parcel granted in fee simple is granted for the construction maintenance and operation of a
sewer pump station. The appurtenant easement granted herein shall be granted for the following purposes: the grading,
erosion control, slope stabilization, over excavation, recompaction, access, construction, operation, repair, maintenance,
inspection, reconstruction and all activities necessary to grade, control erosion, stabilize slopes, excavate, recompact,
construct, operate, repair, maintain, inspect and reconstruct facilities designed for the general purpose of collecting,
storing, transporting, pumping and treating all wastewater, including surface water, stream water, flood water and ground
1 02/11/97 Rev.
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-. water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or
belovd the surface of the ground. ,
Said facility may include pipelines, pumping facilities, structures designed to control the flow of wastewater
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
devices, alarms, lights, and all other protective facilities and devices. The use of the appurtenant easement shall also
include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining,
inspecting and reconstructing said facilities. The construction easement shall be granted for the same purposes as the
appurtenant easement and shall expire pursuant to the terms described herein.
The uses described herein shall be exclusive to the Grantee and to other agencies and entities designated
in writing by Grantee, except as to Grantor’s express reservation of the right to enter the fee simple parcel, as described
on Exhibits “A” and “B,” and the appurtenant easement for the purpose of grading construction, landscaping, laying of
pipes andlor other activities associated with the development of Grantor’s land so long as such uses so reserved to
Grantor do not conflict with the easement granted herein. Grantor further agrees that no buildings andlor structures will be
erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other
person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the
uses described herein without the express written approval of the Grantee.
LOCATION OF FEE SIMPLE PARCEL: The parcel granted by Grantor in fee simple is particularly
described as “Parcel B” in Exhibits “A” and “B attached hereto and by this reference made a part hereof.
LOCATION OF APPURTENANT EASEMENT: The appurtenant easement granted herein shall be
located within and upon the properties more particularly described as “Parcel A-I” in Exhibits “A” and “B attached hereto
and by this reference made a part hereof. The easement granted herein shall terminate upon the dedication by Grantor of
the right of way to the City of Carlsbad for Poinsettia Lane and upon relocation by Grantor of Grantee’s facilities within the
easement herein granted which exist at the time of termination of said easement.
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LOCATION OF CONSTRUCTION EASEMENT: The construction easement granted herein shall be
located within and upon the properties more particularly described in “Parcel A-2” in Exhibits “A” and “B attached hereto
and by this reference made a part hereof. The easement granted herein is temporary and shall terminate on December
31, 1998.
Executed by the Grantor this / b day of Gvr ,
19q-J.
GRANTOR
REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, a Delaware corporation
(tide of signatory)
By: 48.L A&../J 0
(sign here)
&.+ w p&? -4 ‘3 &Ji”
(title of signatory)
APPROVED AS TO FORM:
RONALD R. BALL
GENERAL COUNSEL
By: L. fP c
(Notari Ld acknowledgement of execution of GRANTOR must be attached.)
CMWD 95-402 - 86-502
3 02/11 /97 Rev.
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J-1 1994
EXHIBIT "A"
Parcel A-1
An easement being a portion of Parcel 3 of Parcel Map No. 1 188 in the City of
Carlsbad on file in the Office of the County Recorder of San Diego County, State of
California described as follows:
A 15.00 foot strip of land being 5.00 feet Northerly and Easterly measured at right
angles, and 10.00 feet Southerly and Westerly measured at right angles to the
following described line:
Beginning at the Northeast corner of said Parcel 3; thence South 00'41'30" West
along the East line of said Parcel (South 00'42'03" West per record) 425.45 feet to
the TRUE POINT OF BEGINNING, lying 5.00 feet Southerly of the Southerly side line
of that certain easement recorded January 27, 1969 as Document No. 15564, said
point also being the beginning of a non-tangent 1005.00 foot radius curve concave
Southeasterly, to which a radial line bears North 07'58'40" West; thence along a line
that is 5.00 feet Southerly and Westerly measured at right angles and parallel and
concentric with the Southerly and Westerly side lines of said Easement the following
courses: Southwesterly along the arc of said curve through a central angle of
15'1 4'1 6" a distance of 267.28 feet; thence South 66'47'04" West 590.67 feet to
the beginning of a tangent 4005.00 foot radius curve concave Southeasterly; thence
Southwesterly along the arc of said curve through a central angle of 06'47'55" a
distance of 475.23 feet; thence South 59'59'09" West 484.00 feet to a point herein
described as Point "A".
The sidelines of said 1 5.00 foot strip of land shall begin on the East line of said parcel
3 and shall end at right angles through the above described Point "A".
Parcel A-2 Construction Easement
Beginning at the above described Point "A"; thence South 30'00'51 " East 10.00 feet
to the TRUE POINT OF BEGINNING; thence North 59'59'09'' East 36.06 feet; thence
South 26'1 7'45" West 90.22 feet; thence South 18'42'1 5" East 99.96 feet; thence
South 75'35'08'' West 224.89 feet; thence North 1 1 '1 7'1 8" West 92.48 feet;
thence North 59'59'09" East 21.1 2 feet; thence South 1 1'1 7'1 8" East 78.1 4 feet;
thence North 75'35'08" East 182.21 feet; thence North 18'42'1 5" West 86.68 feet;
thence North 26'1 7'45'' East 68.51 feet to the TRUE POINT OF BEGINNING.
Page 1 of 4
CMWD 86-502
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EXHIBIT "A"
Parcel B (Fee)
A parcet of land being a portion of said Parcel 3 of Parcel Map No. 1 188 beginning at
the above described Point "A"; thence South 30'00'51 I' East 10.00 feet; thence
South 26'1 7'45" West 68.51 feet; thence South 18'42'1 5" East 86.68 feet; thence
South 75'35'08" West 182.21 feet; thence North 11 '1 7'1 8" West 78.1 4 feet;
thence North 30'00'51 " West 15.00 feet; thence North 59'59'09" East 224.42 feet;
thence South 30'00'51 I' East 5.00 feet to the POINT OF BEGINNING.
Reserving therefrom an easement described as follows:
Beginning at the Southeast corner of the above described Parcel "B"; thence along the
Southerly line thereof South 75'35'08'' West 182.21 feet to the Southwesterly corner
of said Parcel "B"; thence North 1 1 " 1 7'1 8" West along the Westerly line thereof
68.61 feet; thence leaving said line North 77'50'36" East 18.50 feet; thence South
27'58'25" East 64.58 feet; thence North 75'35'08" East 105.57 feet; thence North
01 "45'10" West 72.75 feet; thence North 75'04'46" East 17.62 feet to a point on
the Easterly line of said Parcel "B"; thence South 18'42'1 5" East along said Easterly
line 76.35 feet to the Point of Beginning.
&AB
Robert G. Schoettmer L.S. 4324
jb/l1994.015
Page 2 of 4
CMWD 86-502
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ACKNOWLEDGEMENT 1207
STATE OF CALIFORNIA 1
COUNTY OF San Diego ) ss.
ON September 16, 1997 , BEFORE ME Paul J. Tozzi
PERSONALLY APPEARED James MI Jackson and Michael C. Davis A NOTARY PUBLIC,
, PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDEETCE) TO BE THE PERSON(S) WHOSE NAME (S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXEClJ"ED THE SAME IN
HIS/HER/THEIR "IORIZED 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.
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NOTARY PUBLIC IN AND
(SEAL)
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
September 16, 1997, 1997, from REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a
Delaware corgoration, to the City of Carlsbad, a political corporation and/or governmental agency, is
hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant
to authority conferred by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997,
and the grantee consents to recordation thereof by its duly authorized officer.
DATED: // - 122, - 3
#?a I.
ALETHA L. RAUTENKRANP, City Clerk
CMWD 95-402 - 86-502
1 1 /03/97 Rev.
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RECORDING REQUESTED BY
Real Estate Collateral Management
Company
1218 CiFFICIAL REPJRBS SA)! DIE1:;g COUWf'i REC@$:BER'S OFFICE i;R:&ORY J. $A#+F COUNTY RECORDER FEES: 5 i) , r. 1" \j
AND WHEN RECORDED, PLEASE
MAIL TO
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Please record the document at no fee
as it is to the benefit of the City (Gov.
Code [6103].)
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Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 213-030-11,215-031-8
PROJECT NO. & NAME: 95-402, Poinsettia Sewaae Lift
Station - 86-502. Rancho Carrillo /
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
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this hifi day of 5r"P~MBgfi ,19=, by REAL ESTATE COLLATERAL
MANAGEMENT COMPANY, a Delaware corporation owner of the land described and hereinafter referred to as * BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation,
formerly Continental Illinois National Bank and Trust Company
of Chicago, a National Banking Association, also formerly
known as Continental Bank, N.A., a National
"Owner," and Bankina Association , present owner and holder of
the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation did
*BANK OF AMERICA NT&SA, a national banking association,
SuccessQr by merger to
04/28/97 Rev.
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eiecute a deed of trust, dated November 5,1988 to FIRST AMERICAN TITLE INSURANCE COMPANY
as trustee, covering (not shown), to secure a note in the sum of One Hundred Fiftv Million Dollars * BANK OF AMERICA, ILLINOIS, an Illinois Banking
Corporation, formerly Continental Illinois National Bank and
Trust Company of Chicago, a National Banking Association,
also formerly known as Continental Bank, N.A., a National
~$150.000,000.00 ) dated November 5.1988 in favor of Bankina Association
recorded in the office of the County Recorder of San Diego County on November 17.1988 as File No. 88-592631
of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated
v/f,,9.7 .. , in favor of the City of Carlsbad as grantee, hereinafter referred to as "Easement Grantee," creating
AN/THE EASEMENTlEASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A" & "B" attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTlEASEMENTS provided the grant of
EASEMENnEASEMENTS 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 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 EASEMENTEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENTlEASEMENTS 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 EASEMENTlEASEMENTS above described without this
*BANK OF AMERICA NT&SA, a national banking association,
successor by merger to
04128197 Rev.
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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 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 ISIARE 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. 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 EASEMENTIEASEMENTS in favor of
Easement Grantee above referred to:
Executed this ib day of '%? , 19%"1 . Executed this \ k.? day of epq< - I ,1957 .
BENEFICIARY* BANK OF AMERICA, ILLINOIS, an OWNER:
Illinois Banking Corporation, formerly Continental REAL ESTATE COLLATERAL MANAGEMENT
Illinois National Bank and Trust Company of COMPANY, DELAWARE CORPORATION
Chicago, a National Banking Association, also
formerly known as Continental Bank, N.A., a National
Banking Associ tio
44A /=? m# *
-.-a (J (name) 1 ?J (name)
Its: dip' dl 8. 1 (title) I (title)
By: ~--&$2,Jdfqy~4/y~, - -L By: /bA:&$?$b// L
(authorized signature) (authorized signature)
& lLf+?flL IC" $4,y" /4[c++CL e3" 33Qf
(name) (name)
its: [/$ ,/? L?$Q?
(title) (title)
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A
CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE 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, City Attorney
v CMWD 95-402 - 86-502
*BANK OF AMERICA NT&SA, a national banking association,
successor by merger to 04128197 Rev.
,. 0
J-11994
1222
EXHIBIT "A"
Parcel A-I
An easement being a portion of Parcel 3 of Parcel Map No. 1 188 in the City of
Carlsbad on file in the Office of the County Recorder of San Diego County, State of
California described as follows:
A 15.00 foot strip of land being 5.00 feet Northerly and Easterly measured at right
angles, and 10.00 feet Southerly and Westerly measured at right angles to the
following described line:
Beginning at the Northeast corner of said Parcel 3; thence South 00'41 '30" West
along the East line of said Parcel (South 00'42'03" West per record) 425.45 feet to
the TRUE POINT OF BEGINNING, lying 5.00 feet Southerly of the Southerly side line
of that certain easement recorded January 27, 1969 as Document No. 15564, said
point also being the beginning of a non-tangent 1005.00 foot radius curve concave
Southeasterly, to which a radial line bears North 07'58'40" West; thence along a line
that is 5.00 feet Southerly and Westerly measured at right angles and parallel and
concentric with the Southerly and Westerly side lines of said Easement the following
courses: Southwesterly along the' arc of said curve through a central angle of
15'14'1 6" a distance of 267.28 feet; thence South 66'47'04" West 590.67 feet to
the beginning of a tangent 4005.00 foot radius curve concave Southeasterly; thence
Southwesterly along the arc of said curve through a central angle of 06'47'55" a
distance of 475.23 feet; thence South 59'59'09'' West 484.00 feet to a point herein
described as Point "A".
The sidelines of said 15.00 foot strip of land shall begin on the East line of said parcel
3 and shall end at right angles through the above described Point "A".
Parcel A-2 Construction Easement
Beginning at the above described Point "A"; thence South 30'00'51 " East 10.00 feet
to the TRUE POINT OF BEGINNING; thence North 59'59'09" East 36.06 feet; thence
South 26'1 7'45" West 90.22 feet; thence South 18'42'15" East 99.96 feet; thence
South 75'35'08" West 224.89 feet; thence North 1 1'1 7'1 8" West 92.48 feet;
thence North 59'59'09'' East 21.1 2 feet; thence South 11 '1 7'1 8" East 78.1 4 feet;
thence North 75'35'08" East 182.21 feet; thence North 18'42'1 5" West 86.68 feet;
thence North 26'1 7'45" East 68.51 feet to the TRUE POINT OF BEGINNING.
Page 1 of 4
CMWD 86-502
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EXHIBIT "A"
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1223
Parcel B (Fee)
A parcel of land being a portion of said Parcel 3 of Parcel Map No. 1 188 beginning at
the above described Point "A"; thence South 30"00'51 " East 10.00 feet; thence
South 26" 17'45" West 68.51 feet; thence South 18'42'1 5" East 86.68 feet; thence
South 75'35'08'' West 182.21 feet; thence North 1 l"17'18" West 78.1 4 feet;
thence North 30'00'5 1 " West 15.00 feet; thence North 59'59'09" East 224.42 feet;
thence South 30"00'51" East 5.00 feet to the POINT OF BEGINNING.
Reserving therefrom an easement described as follows:
Beginning at the Southeast corner of the above described Parcel "B"; thence along the
Southerly line thereof South 75"35'08" West 182.21 feet to the Southwesterly corner
of said Parcel "B"; thence North 1 1 " 17'1 8" West along the Westerly line thereof
68.61 feet; thence leaving said line North 77"50'36" East 18.50 feet; thence South
27"58'25" East 64.58 feet; thence North 75"35'08" East 105.57 feet; thence North
01 "45'1 0" West 72.75 feet; thence North 75'04'46'' East 17.62 feet to a point on
the Easterly line of said Parcel "B"; thence South 18"42'15" East along said Easterly
line 76.35 feet to the Point of Beginning.
&A&
Robert G. Schoettmer L.S. 4324
jb/ll994.015
Page 2 of 4
CMWD 86-502
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4- I
4 I- ACKNOWLEDGEMENT 1226
STATE OF CALIFORNIA 1
COUNTY OF San Diego 1 ss.
ON September 16, 1997 , BEFORE ME Paul J- Tozzi A NOTARY PUBLIC,
PERSONALLY APPEARED James M. Jackson and Michael C. Davis
, PERSONALLY KNOWN TO ME (OR 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(IES1 , AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE
INSIWJ”ENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED,
EXECUTED THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
/.’ ?&r- cw*
NOTARY PUBLIC IN AND&Od SAID STATE
(SEAL)
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RECORDING REQUESTED BY
Real Estate Collateral Management
Company
AND WHEN RECORDED, PLEASE
MAIL TO
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Car1sbad;California 92008
Please record the document at no fee
as it is to the benefit of the City (Gov.
Code [6103].)
L
1209
OiFfLIFil REl2fl@S
SA^ DIEGti COUMT’I RECGRDER’S CFFICE GREGfiffY J. FjITH, CllLlHTY RECORDER FEES: O“$,j
Space above this line for Recorder’s use.
ASSESSOR’S PARCEL NO. 213-030-11,215-031-8
PROJECT NO. & NAME: 95-402. Poinsettia Sewaue Lift
Station - 86-502. Rancho Carrillo
~~~~~
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
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this bk day of si5PENgER ,1997, by REAL ESTATE COLLATERAL
MANAGEMENT COMPANY, a Delaware corDoration owner of the land described and hereinafter referred to as * BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation,
formerly Continental Illinois National Bank and Trust Company
of Chicago, a National Banking Association, also formerly
known as Continental Bank, N.A., a National
“Owner,” and Bankinq Association , present owner and holder of
the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;”
WITNESSETH
THAT WHEREAS, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corDoration did
04/28/97 Rev.
*BANK OF AMERICA NT&SA, a national banking association,
successor by merger to
I
.v *
.I ..
1. .I 0 e
12io
execute a deed of trust, dated Februarv 25 , 1993 to FIRST AMERICAN TITLE INSURANCE COMPANY
as trustee, covering (not shown), to secure a note in thz sum of Three Million Dollars BANK OF AMERICA, ILLINOIS, an Illinois Banking
Corporation, formerly Continental Illinois National Bank and
Trust Company of Chicago, a National Banking Association,
also formerly known as Continental Bank, N.A., a National
~$3,000,000.00 ) dated Februarv 25,1993 in favor of Bankina Association
recorded in the office of the County Recorder of San Diego County on March 4,1993 as File No. 1993-0139619
of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated
4//;/9.7 , in favor of the City of Csrlsbad as grantee, hereinafter referred to as “Easement Grantee,” creating
AN/THE EASEMENTlEASEMENTS more particularly described in EXHIBITlEXHIBITS “A” & “B” attached hereto;
and
WHEREAS, Easement Grantee is willing to accept said EASEMENTlEASEMENTS provided the grant of
EASEMENTIEASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENTlEASEMENTS 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.
*BANK OF AMERICA NT&SA, a national banking association,
successor by merger to
04/28/97 Rev.
I, ..
t. -< 0 0 1211
*L
2. That Easement Grantee would not accept said EASEMENTIEASEMENTS 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 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
Ill
Ill
Ill
Ill
Ill
Ill
Ill
111
Ill
04128197 Rev.
,A .* ' *. 0 0
1212
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 5b day of rqc ,19Tl . Executed this h day of .W
c4
t+f f ,1947 .
BENEFICIARY:" BANK OF AMERICA, ILLINOIS, an
Illinois Banking Corporation, formerly Continental
Illinois National Bank and Trust Company of
Chicago, a National Banking Association, also
formerly known as Continental Bank, N.A., a National
Banking Association
%n
By:
Its: !JJ \7*
B (title) .I
By:
(authorized signature)
&( .c*4 c, .b.+-diJ'
REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, a Delaware corporation
By: 4 4- /&A A;q/
(authorized signature)
&$.C+Yp9- c- >e-"
(name)
(name) L/.p L
Its: /,. /* (title)
(title)
OWNER:
(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.
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, City Attorney
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
CMWD 95-402 - 86-502
*BANK OF AMERICA NT&SA, a national banking association,
successor by merger to 04/28/97 Rev.
,I -. 1, 0 a
-.
J-1 1 994 1213
EXHIBIT "A"
Parcel A-1
An easement being a portion of Parcel 3 of Parcel Map No. 1 188 in the City of
Carlsbad on file in the Office of the County Recorder of San Diego County, State of
California described as follows:
A 15.00 foot strip of land being 5.00 feet Northerly and Easterly measured at right
angles, and 10.00 feet Southerly and Westerly measured at right angles to the
following described line:
Beginning at the Northeast corner of said Parcel 3; thence South 00'41 '30" West
along the East line of said Parcel (South 00'42'03" West per record) 425.45 feet to
the TRUE POINT OF BEGINNING, lying 5.00 feet Southerly of the Southerly side line
of that certain easement recorded January 27, 1969 as Document No. 15564, said
point also being the beginning of a non-tangent 1005.00 foot radius curve concave
Southeasterly, to which a radial line bears North 07'58'40" West; thence along a line
that is 5.00 feet Southerly and Westerly measured at right angles and parallel and
concentric with the Southerly and Westerly side lines of said Easement the following
courses: Southwesterly along the arc of said curve through a central angle of
15'14'16" a distance of 267.28 feet; thence South 66'47'04" West 590.67 feet to
the beginning of a tangent 4005.00 foot radius curve concave Southeasterly; thence
Southwesterly along the arc of said curve through a central angle of 06"47'55" a
distance of 475.23 feet; thence South 59'59'09" West 484.00 feet to a point herein
described as Point "A".
The sidelines of said 15.00 foot strip of land shall begin on the East line of said parcel
3 and shall end at right angles through the above described Point "A".
Parcel A-2 Construction Easement
Beginning at the above described Point "A"; thence South 30'00'51 " East 10.00 feet
to the TRUE POINT OF BEGINNING; thence North 59'59'09" East 36.06 feet; thence
South 26'1 7'45'' West 90.22 feet; thence South 18'42'15'' East 99.96 feet; thence
South 75'35'08" West 224.89 feet; thence North 1 l"17'18" West 92.48 feet;
thence North 59O59'09'' East 21.1 2 feet; thence South 1 1'17'18" East 78.1 4 feet;
thence North 75'35'08" East 182.21 feet; thence North 18'42'1 5" West 86.68 feet;
thence North 26' 17'45" East 68.5 1 feet to the TRUE POINT OF BEGINNING.
Page 1 of 4
CMWD 86-502
.* - ..
5 e 0
1214 EXHIBIT "A"
Parcel B (Feel
A parcel of land being a portion of said Parcel 3 of Parcel Map No. 1 188 beginning at
the above described Point "A"; thence South 30'00'51" East 10.00 feet; thence
South 26'1 7'45" West 68.51 feet; thence South 18"42'15" East 86.68 feet; thence
South 75'35'08" West 182.21 feet; thence North 11 "1 7'18" West 78.14 feet;
thence North 30°00'51 " West 15.00 feet; thence North 59'59'09'' East 224.42 feet;
thence South 30'00'51 " East 5.00 feet to the POINT OF BEGINNING.
Reserving therefrom an easement described as follows:
Beginning at the Southeast corner of the above described Parcel "B"; thence along the
Southerly line thereof South 75"35'08" West 182.21 feet to the Southwesterly corner
of said Parcel "B"; thence North 1 1 O 17'1 8" West along the Westerly line thereof
68.61 feet; thence leaving said line North 77'50'36" East 18.50 feet; thence South
27'58'25" East 64.58 feet; thence North 75'35'08" East 105.57 feet; thence North
01 "45'10" West 72.75 feet; thence North 75'04'46'' East 17.62 feet to a point on
the Easterly line of said Parcel "B"; thence South 18'42'1 5" East along said Easterly
line 76.35 feet to the Point of Beginning.
&J&
Robert G. Schoettmer L.S. 4324
jblllS94.015
Page 2 of 4
CMWD 86-502
',
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CMWD 66-502 SHEET3 W 4sHEETs
t "" )LA1 1D USTRATE LEOAL "".R'"
#3cFltQT1W Of PARCLL A- I
(SEWER EASEMENT) CMWD 86-302 "~,8"*CA~IlO
I
" 11994
83ALE 1'. 400' I
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**
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I, 1216
- PARCEL A-l
" rmd. ?&ReL A-2
PARCEL 3
EM. N3. 1139
NOT TO SCALE I1
GMWD 86 - 582 SHEET 4 OF 4 SHEETS - I
UT TO ILLUSTRATE LEGAL
ESCRIPl" OF WL A-2
c#cK"
(cm EASEMENTI AND
"""
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'.
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ACKNOWLEDGE" 1217
STATE OF CALIFORNIA 1
COUNTY OF San Diego 1 ss.
ON September 16, 1997 , BEFORE ME Paul J. Tozzi A NOTARY PUBLIC,
PERSONALLY APPEARED James M. Jackson and Michael C- Davis , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS
OF SAT'ISFAcTORY 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) r OR THE ENTITY UPON BEHALF OF WHICH THE PERsoN(S) ACTED,
EXECUTED THE INSTRUMENT.
WITNESS MY HAND AM) OFFICIAL SEAL. -
8.r 1 / &d2. ' /
IN AND, y- F SAID STATE
/F '
NOTARY PUBLIC
" I"
." .~~ SANDIEQOCOUNTV ~... z
1
COW. # 1107820 c
NOTARY PUBLIC CALlFORNlA 3
(SEAL)
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