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Home My WebLink AboutCMWD 96-511; SAMBI SEASIDE HEIGHTS; 1997-0544154; Easement.~' *r . .a 0 0 1 RECORDING REQUESTED BY Sambi Seaside Heights, LLC DOL # ~9?~-~5441~4 OCT 30 .I 1991 8:42 &E AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 1-L 1013 MAIL TAX STATEMENTS TO: EXEMPT Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). OFFICIAL RECORDS SfiH DIEGO COUNTY RECDRDER'S CIFF'ICE GREGORY 1, $NTH5 COUNTY NECOHDR FEES: , 0.00 oc: HA ~l~luuilllll~llll~~~~~~~~lllll~llll~~llll~~ Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 214-544-01 Documentary transfer tax is $ 0.00 Project No. & Name 96-511, Sambi Seaside Heights, ( ) computed on full value of property conveyed, or Carlsbad Tract 92-02(A) ( ) 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. d J @4?""- WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT SAMBl SEASIDE HEIGHTS, LLC, a California limited liability company ~~ ~ ~ ~~ ~ ~~~ ~ does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the constructio operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilitic designed for the general purpose of collecting, storing, transporting, pumping and treating all wastewater, including surfac water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches at 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 wastewatl and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility fro 1 02/11 /97 Rev. ~cw; '\ s e 0 1. IO14 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 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 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. Executed by the GRANTOR thiadday of 1947 + GRANTOR: SAMBl SEASIDE HEIGHTS, LLC, a California limited liability company (name of grantor) By: (sign here) - L, d a&!/ (title of signatory)O By: (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: lY I/ (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 96-51 1 2 02/11 /97 Rev. s 0 0 I 1015 APRIL 4, 1997 REVISED APRIL 21, 1997 J.N.: 95-1017 EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT A PORTION OF LOT 138 OF MAP 13378 OF CARLSBAD TRACT NO. 92-02, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT ON DECEMBER 9, 1996 AS DOCUMENT NO. 1996-613541, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY POINT OF CURVATURE OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, SAID CURVE BEING THE SOUTHEAST RIGHT OF WAY BOUNDARY OF THE INTERSECTION OF AVIARA PARKWAY AND PLUM TREE ROAD PER SAID MAP 13378 AND ALSO BEING THE NORTHWEST BOUNDARY OF SAID LOT 138, SAID SOUTHERLY POINT OF CURVATURE ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEAST ALONG SAID CURVE AND RIGHT OF WAY BOUNDARY THROUGH A CENTRAL ANGLE OF 42'08'01'' AN ARC DISTANCE OF 18.38 FEET; THENCE DEPARTING FROM SAID CURVE AND RIGHT OF WAY SOUTH 46'16'48" EAST A DISTANCE OF 92.99 FEET; THENCE SOUTH 70'56'24'' WEST A DISTANCE OF 22.49 FEET; THENCE NORTH 46'16'48'' WEST A DISTANCE OF 57.95 FEET TO THE EASTERLY RIGHT OF WAY LINE OF AVIARA PARKWAY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 19'03'36" WEST A DISTANCE OF 14.39 FEET TO THE TRUE POINT OF BEGINNING. (1576SF/O.O36AC) F:\MSOFFICE\WINWORD\95-101'7\EXHIBT2.LGL CMWD 96-511 PER MAP 13378 PORTION OF LOT 138' MAP NO. 13378. - "- EXIST. R/W BOUNDARY UNI 0 0 "- CENTERLINE - -EASEMENT LINE . . . . - . . . . . VlClNllY MAP msw 1997 O'Doy consuitants, Inc. SCALE I' = 20' KEY MAP g@'T s REMSED 10-17-97 mk.nidguifrc'lipt Ern? od.Edfani092009 Pmcalkq SEWER EASEMENT Fme619-SS1 a 619-SSl-T700 Sulvyinp UESTED BY: ' OF CARLSBAO 5 CAS PALW DRIVE 7 EXHIBIT '8' A.P.N. LSBAD, CA. 92009 C.M.W.D. 96-51 1 SHT. 1 OF 1 SHTS. 214-544-01 'NE: (619) 438-1 161 DATE APRIL 1997 1 e 0 '' ' 1017 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated 9- A , 19T,%orn Sambi Seaside Heiqhts, LLC, a California limited liabilitv comoanv 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 Resolution No. 9171 of the City of Carlsbad adopted on March 5, 1991, and the grantee consents to recordation thereof by its duly authorized officer. DATED: ~i -ax- q 3 ALETHA L. RAUTENKRANZ, City Clek CMWD 96-51 1 06/14/95 Rev. . 0 0 .. .I -1 STATE OF CALIFORNIA I COUNTY OF &5 LhLCc(dd c 1 ISS. 4 1018 On Tu(,; 2i 17 9.7 before me, eb e ytl (Ll4 8 www , ,v~~~~,, &bi (e DAT NAME AND ITLE OF OFFICER personally appeared a c=" ! 7 (3 c dl -. [d/01-\4KM NAME(S) OF SIGNER@) personally known to me - OR - .a proved to me on the basis of satisfactory evidence to be the persono whose name@ islare subscribed to the within instrument and acknowledged to me that he/she??hey executed the same in his/ber/tbdr authorized capacity(i6and that by his/td?th&signature($on the instrument the person(Kor the entity upon behalf of which the person($acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) SImATURE OF NOTARV Title or Type of Document ,khd dd? ,&- Cl- Date of Document &L[V 2.- [ I CLG 7 No. of Pages .i/ 1 Signer(s) other than named above NOAiP- 1 I CMWD 96-51 1 06/14/95 Rev. 26% ". '~ (yl l/a& =/W% Ll I .. 0 I I. r 0 1 ~l~lll~l~ll~ll~l~~6~~~~~l~lll~lll~lll~l~r h RECORDING REQUESTED BY Sambi Seaside Heights, LLC AND WHEN RECORDED, PLEASE MAIL TO I1819 1~~~9~~441~~ olci 30 5 1997 8=42 Pm OFFICIAL ~E~~R~~ SBH DIEhiO COUNTY RECORDEfi’S OFFICE FEES: 0.00 GREGORY J. Sflil’HT COUNTY RECORDER 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].) . l_. ,\ . ” Space above this line for Recorder’s use. >@& % +~~&---- ASSESSOR’S PARCEL NO. 214-544-01 PROJECT NO. & NAME: 96-51 I, Sambi Seaside Heiahts Carlsbad Tract 92-02(A) 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 1st day of Ausust , I9 97 , by Sambi Seaside Heiahts. LLC, a California Limited Liabilitv Companv , owner of the land described and hereinafter referred to as “Owner,” and The Asahi Bank, Ltd., a Japanese bankinq corporation , present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, Sambi Seaside Heicrhts, LLC. a California Limited Liabilitv Companv. did execute a deed of trust, dated November 29 , 19 94 to Commonwealth Land Title Companv, a California Corporation, 04/28/97 Rev. .. 44 .I 0 0 1 ’ m?o as trustee, covering (not shown), to secure a note in the sum of Seven Million, Six Hundred Fiftv Thousand Dollars ($7,650.000.00 ) dated November 29,1994 in favor of The Asahi Bank, Ltd., a Japanese bankina corporation recorded in the office of the County Recorder of San Diego County on November 29,1994 as File No. 1994-0686214 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated , in favor of the City of Carlsbad. as grantee, herein referred to as “Easement Grantee,” creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS “Ay’ & “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT/EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENTlEASEMENTS 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 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 04/28/97 Rev. , 0 a I' lo21 ! .. ... 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: I. 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 EASEMENTlEASEMENTS 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 111 Ill 04/28/97 Rev. 0 0 ' 1022 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 EASEMENTlEASEMENTS in favor of Easement Grantee above referred to: Executed this 1 st day of MJGUST ,I9 97 . BENEFICIARY: OWNER: THE ASAHI BANK, LTD., a Japanese banking SAMBI SEASIDE HEIGHTS, LLC, a California Limited - corporation, By: /?< ]>L- L? (authzrized signature) - KENJI TANAKA seoc2.a H. ~Tm4Ol;dVLL (name) (name) I Its: GENERAL MANAGER d/"JldQQ/2I (title) @I~I e) By: By: (authorized signature) (authorized signature) (name) (name) Its: (title) - (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. 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 t 04/28/97 Rev. e 0 I 6023 APRIL 4, 1997 REVISED APRIL 21, 1997 J.N. : 95-1017 EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT A PORTION OF LOT 138 OF MAP 13378 OF CARLSBAD TRACT NO. 92-02, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT ON DECEMBER 9, 1996 AS DOCUMENT NO. 1996-613541, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY POINT OF CURVATURE OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, SAID CURVE BEING THE SOUTHEAST RIGHT OF WAY BOUNDARY OF THE INTERSECTION OF AVIARA PARKWAY AND PLUM TREE ROAD PER SAID MAP 13378 AND ALSO BEING THE NORTHWEST BOUNDARY OF SAID LOT 138, SAID SOUTHERLY POINT OF CURVATURE ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEAST ALONG SAID CURVE AND RIGHT OF WAY BOUNDARY THROUGH A CENTRAL ANGLE OF 42O08'01" AN ARC DISTANCE OF 18.38 FEET; THENCE DEPARTING FROM SAID CURVE AND RIGHT OF WAY SOUTH 46'16'48" EAST A DISTANCE OF 92.99 FEET; THENCE SOUTH 70O56'24" WEST A DISTANCE OF 22.49 FEET; THENCE NORTH 46'16'48'' WEST A DISTANCE OF 57.95 FEET TO THE EASTERLY RIGHT OF WAY LINE OF AVIARA PARKWAY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 19'03'36'' WEST A DISTANCE OF 14.39 FEET TO THE TRUE POINT OF BEGINNING. (1576SF/O.O36AC) F:\t4SOFFICE\WINWORD\95-1017\EXHIBT2.LGL CMWD 96-511 , 8 e I 1024 I .1 STATE OF CALIFORNIA I COUNTY OF LOS ANGELES I rss. On AUGUST 1, 1997 before me, A. WATANABE DATE NAME AND TITLE OF OFFICER personally appeared KENJI TANAKA 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) idare 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. a u& SIGNATURE OF NOTARY (This area for official notary seal.) I Title or Type of Document SUBORDINATION AGREEMENT ( TRUST DEED HOLDERS ) Date of Document AUGUST 1, 1997 No. of Pages 6 PAGES Signer(s) other than named above SEIZO H. TOYOHARA CMWD 96-511 06/14/95 Rev. 7 a 0 , " I 'A 1025 STATE OF CALIFORNIA 1 COUNTY OF &S hd4.F 1 kss. On #hy.d-l5,. i747 before me, J,"J LA &eC.tztZ.&w, /UOD?RW flubr/& NAME AND TITLE OF~OFFICER - personally appeared SIE( 2s t-(. 7-Ouohac~ 1 NAME(S) OF SIGNER(S) personally known to me - OR - *' proved to me on the basis of satisfactory evidence to be the person@) whose name0 isWsubscribed to the within instrument and acknowledged to me that he/Mtb&yexecuted the same in his/Mheir authorized capacity(i+and that by his/M/tkeirsignature@jon the instrument the person(*, or the entity upon behalf of which the person(eacted, executed the instrument. ": WITNESS my hand and official seal. I (This area for official notary seal.) SIGHATURE OF NOTARY <A Title or Type of Document \- Date of Document fin-& t 8 1W-l No! of Pages 7 Signer(s) other than named above U/-..n; i lA/cl\Odkl " CMWD 96-51 1 06/14/95 Rev. I&l8 i M . .. . ,._ < W ,., , ... . ?,. -.. 3 .b . s- CENTERLINE OF AW PARKWAY PER MAP 13378 EXIST. R/W BOUNDARY UF 0 / "- CENTERLINE - -EASEMENT LINE VICINITY MAP DW 11997 WDoy Consuttants, Inc, SCALE: 1' =2V KEY MAP 7220 Avenidg&c& civil Enpinasrinq Piamin9 rbod. CoGfotomio OzoOD Procsssinq SEWER EASEMENT r OF CARLSBAO 2LSBAD. CA. 92009 C.M.W.D. 96-51 1 61 9-931-77W SunsY;lg F-619-931-8680 JUESTED BY: SHT. 1 OF 1 SHTS. 75 LAS PALMAS DRM 7 EXHIBIT 'B' A.P.N. 214-544-01 3NE: (619) 438-1 161 DATE APRIL 1997