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Home My WebLink AboutCT 01-08; Calwest Industrial Holdings, LLC; 2002-0355623; Easement/.o 484%-7 RECORDING REQUESTED BY: ,- WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC # 2002-0355623 15872 QPR 26s 2002 3t33 PPI FEES: 0.00 m: EIA I " MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 2002-0355623 NE FOR RECORDERS USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 213-100-08 Documentary transfer tax is Project No. & Name: CT 01-06 . pRoz-37 ( ) computed on full value ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. GRANT DEED OF EASEMENT :OR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALWEST INDUSTRIAL HOLDINGS, LLC, A Delaware Limited Liability Company lereby GRANTS to 91 1, and a Subsidiary &strict of the City of Carlsbad le following described real property in the City of Carlsbad, County of San Diego, State of California: I non-exclusive easement for water lines and appurtenances as described in Exhibit "A" consisting of 1 page(s). lttached hereto and made a part hereof, subject to all other liens, covenants, restrictions, reservations, rights, Ind easement of record, if any. Exhibit "B consisting of 2 page(s) is attached for clarity only. Carlsbad Munici al Water District, a Public Agency organized under the Municipal Water Act of DATED 15: CALWEST INDUSTRIAL HOLDINGS LLC. a Delaware Limited Liabilitv ATTACH PROPER NOTAY ACKNOWLEDGEMENT FORM Company (Name of Company) By: CALWEST INDUSTRIAL PROPERTIES, LLC. a California limited liability company (Signature) Title: Sole Member (Type or Print) By: RREEF AMERICA, LLC. a Delaware limited liability company (Signature) Title Manager Title (Type or Print) Date: 4//</0 LC 15873 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Name wd me d Wear (e.0.. 'Jane Doe. Nolw PuliCl personally appeared TILL E. ,<w,+Nat-+tA,u NawW 01 Signsrlrl 6ersonally known to me to be the person@) whose name0 is/- subscribed to the within instrument and acknowledged to me that hdsheffkey executed the same in MherMek authorized capacityties), and that by WherCHteit signature) on the instrument the personfs), or the entity upon behalf of which the persow acted, executed the instrument. WITNESS my hand and oflicial seal. . Description of Attached Document Title or Type of Document: Document Date: Signer($ Other Than Named Above: Capacity(ies) Claimed by Signer 0 1888 NafiDna, NOrnry A%S%*,tlo". '13% Oe sot0 *"e, PO. BOX 2402. Chsnuom CA P1313.2102~ w."amnalmw 0rg 15874 EXHIBIT “A” PR 02-037 ALL THAT PORTION OF LOT 8 OF CARLSBAD TRACT NO. 98-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13716, FILED IN THE RECORDERS OFFICE OF SAID COUNTY ON DECEMBER 31,1998, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF SAID LOT 8, MAP 13716, DESIGNATED THEREON AS “N26”13’03” WEST, 64.17 FEET”; THENCE ALONG THE BOUNDARY OF SAID LOT 8 SOUTH 52”34’46” WEST, 11.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY SOUTH 58”01’28 EAST, 57.80 FEET; THENCE NORTH 83”4647” EAST, 88.36 FEET; THENCE NORTH 61”09’52” EAST, 120.49 FEET; THENCE NORTH 86O43’27” EAST, 96.06 FEET; THENCE NORTH 67”23’33 EAST, 87.57 FEET; THENCE SOUTH 22”36’27” EAST, 20.00 FEET; THENCE SOUTH 67”23’33 WEST, 90.97 FEET; THENCE SOUTH 86“43’27” WEST, 94.93 FEET; THENCE SOUTH 61”09’52” WEST, 119.96 FEET; THENCE SOUTH 83”46’47” WEST, 99.28 FEET; THENCE NORTH 58”01’28 WEST, 72.25 FEET TO SAID BOUNDARY OF LOT 8; THENCE ALONG SAID BOUNDARY NORTH 5234’46’’ EAST, 21.37 FEET TO THE TRUE POINT OF BEGINNNING. APPROXIMATE AREA: 0.213 ACRES THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION 15875 EXHIBIT "B" SHEn 1 OF 2 LEGEND CCBCR EASEMENT FOR RECIPROCAL ACCESS AND umlw PURPOSES RECORDED 6-22-2000 AS DOC. NO. 2000-0329407 PARCEL "A" OF EXISTING CARLSBAD MUNICIPAL WATER DISTRICT @ EASEMENT RECORDED 12-2-1999 AS DOC. NO. 1999-0789037 GENERAL UTILITY AND ACCESS EASEMENT DEDICATED TO CITY OF @ CARLSBAD PER MAP 13716 ( ) INDICATES RECORD DATA FROM MAP 13716 II ME OR UNDER MY DIRECTION THIS PLAT WAS PREPARED BY VICINITY MAP I NOT TO SCALE AN: D WG 399-2 CARLSBAD MUNICIPAL WATER DISTRICT UTE: ;cAL€: W 215-100-08 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 2- 1 1-2002 I-= loo' WATER EASEMENT PLA T ORAWN BY: K & S ENGINEERING IN LOT8 OF hXP 13716, PR 02-037 RMSED: I I 4S ENGINEERING (619) 296-5565 C:\KOO- 11 l\CMWD-OFFSIi 15876 i PLAN: DWG 399-2 CARLSBAD MUNICIPAL WATER DISTRICT ME: iwILE: 4W 213-100-08 COUNNOF SAN DIEGO, STATE OF CALIFORNIA 2- 1 1 -2w2 WATER EASEMENT PLA T 1"- 100' DRAWN BY: K &S ENGINEERING IN LOT8 OFW 13716, PR 02-037 RMsED' IN THE CITY OF CARLSBW, I I &S ENGINEERING (619) 296-5565 C:\KOO- I I I\CMWD-OFESiTf CERTIFICATION FOR ACCEPTANCE OF DEED (PR 02-37) This is to certify that the Interest in real property conveyed by th . e a1 -rant de !ed of easement, dated April 15, 2002 from Calwest Industrial Holdings, LLC, A Delaware Limited Liability Company, to the City of Carlsbad, California, 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. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: 4-25- 0 2 &&h,m LORRAINE M. WOOD, City Clerk /i:cc/i vi 6 "7 I RECORDING REQUESTED BY WHEN RECORDED MAIL cowImdLdK TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 AFR 2rf;. 2002 3133 E'' pi 15878 OFFICIAL RECORDS SA?! DIEGO COYdTY RECORDER'S OFFICE SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 213-100-08 PROJECT NO. B NAME: CT 01 -08, F8 02-37 SUBORDINATION AGREEMENT (ACCESS /UTILITY EASEMENT HOLDER) NOTICE: AS A RESULT OF THIS SUBORDINATION AGREEMENT, (AN) EASEMENT(S) DEDICATED TO THE CITY OF CARLSBAD SHALL BE PRIOR AND SUPERIOR TO YOUR EASEMENT@). THIS AGREEMENT is made this 15th day of April, 2002 by CALWEST INDUSTRIAL HOLDINGS, LLC, a Delaware limited liability company, owner of the land described in Exhibit "A attached hereto and incorporated herein by this reference and hereinafter referred to as "Owner," and CARLTAS iNVESTMENTS'L.P:, a California limited partnership, holder of an access and utility easement or easements, hereinafter refefred.!to; as and acknowledged by the City of Carlsbad as "AccesslUtility Easement B',UVas' gt!ante and defined in that certain 'Declaration of Easements and Declaration of Covenants, Conditions and R,qstrl&onS filed In the'office of the San Diego County Recorder, State of California, as File No. 2002-0329407 and recorded on June 22, 2000 and more particularly described as an easement(s) for purposes of pedestrian and vehicular ingress, egress and a right-of-way and for the purpose of installation, replacement, maintenance, inspection, use, removal and repair from time to time of any utility lines including, without limitation, ail necessary and proper valves, fittings, pumps, measuring and protective devices, and other apparatus and , ,( , ,, , ,',I,( , 8, :,,': ; ,,,i , ,, , , ',' ' " , ,,,,,, ,, ~~ ,,,:( :)(si I:/ ,;,;;, ,;.J,:,;',;~ ,, ':' ')(/I, 1:. i(, ~ ,, ~,' , ~2 ~; 15879 equipment, on, over, under, across and through the easement area more particularly described in Exhibit "6" attached hereto and incorporated herein by this reference; WHEREAS, Owner has executed, or is about to execute as grantor, a grant of easement(s) dated April 15, 2002, in favor of the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 191 1, and a subsidiary of the City of Carlsbad, as grantee herein referred to as "Easement Grantee" creating the easement(s) more particularly described in Exhibits "C" and "D" attached hereto; and ,, WHEREAS, Easement Grantee is willing to accept said easement(s) provided the grant of easement(s) is a charge upon the above described property prior and superior to the access / utility easement(s) above mentioned and provided that CARLTAS INVESTIMENTS L.P. will specifically and unconditionally subordinate to the easement(s) created in favor or Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said easement(s) and CARLTAS INVESTMENTS L.P. is willing that the grant of Easkment(s) shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the access / utility easement(s) above mentioned. ,, ,,, , ' !,,!I 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(s)above referred to, it is hereby declared, understood and agreed as follows: si:, ,. , I, ,. ,, , ,, ' , , ,,,', ,, ;,I ,, 1. That said easement(s) inrfavor of Easement,Grantee shall uncpndidgnally be and remain at all times a charge on theyproperty'herein descrlbed, prior and superior to the access / utility easement(s) above mentioned. ,,: ',,,,!i, I,, ,i ), ,,,:, ,'' ,, i 1: ' , ,,h,;;4,,;;!,, ,.,'t :.x:,.#' 1; I ,,j:,i''" ,,.,, ,,, ,J I:,,, ,:I ,!: , i: L ,o/, ', ,>,>I" 2. That the Easement Grantee would not accept said easement(s) above described without this subordination agreement 3. That this agreement shall be the whole and only agreement with regard to the subordination of access / utility easement(s) above mentioned to the easement(s) in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would Rev. 12116197 15880 affect the priority between the access I utility easement(s) and the easernent(s) hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the access / utility easement(s) above mentioned, which provide for the subordination of the easement(s) thereof to another interest in the real property therein described. CARLTAS INVESTMENTS L.P. declare(s), agree(s) and acknowledge(s) that: 1. l/(We) consent to and approve(s) the grant of easement(s) in favor of the Easement above mentioned to the easement(s) in favor of Easement Grantee and understand that in reliance upon, and in consideration of, this subordination to the grant of easement(s), the easement(s) is (are) ,, Remainder of page intentionally left blank. Rev. 12116197 15881 1 being created and that specific monetary and other obligations are being and will be entered into by the Easement Grantee and other parties which could not be made or entered into but for said reliance upon the subordination Executed this / h day of 6'- vh d ,20& CARLTAS INVESTMENTS L.P., a EASEMENT HOLDER: OWNER: CALWEST INDUSTRIAL HOLDINGS, LLC, California limited partnership a Delaware limited liability company By: WBC INVESTMENTS LLC. a ,, By: CALWEST INDUSTRIAL California limited liability company, PROPERTIES, LLC, a California Its General Partner limited liability company, its Sole Member By: RREEF AMERICA, LLC, a Delaware By: (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations:'' If only one 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.) the partner to execute this instrument.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing APPROVED AS TO FORM: RONALD R. BALL' , I ,, ',,,:I , ,, , ,, , Rev. 12116197 15882 State of California ) County of San Diego ) ) LC~L'~. On fiPf?JC ' before me, f?lLlUjct+ ~.~~~~,~~';/~c,,~f~~~~~~ Pd(3 L& (Date) (dame, Title of Officer) personally appeared .TI CL ii-. S/fR,Mf? /j,q,d ffS0 z&,C C, LJft 1 ,rE (Name[s] of SignerIs]) ,.,:, i ~,~ ~ ~ ,,; ~ I, ,~ : ~ ~Il(i( ' ,, , ,.,, I: .~~ ,~, '1:'' , ';!', 1$~~1 drsonally known to me -OR 4- , ,, ,, ,, , ,I Cory-widence) to be the person(s) whose name(s) &re subscribed to the within instrument and acknowledged to me that kd4keithey executed the same in hi4H4erltheir authorized capacity(ies). and that by Ri4Htaitheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal . (This area for Signature of Notary official notary seal) Rev. 12116197 15883 EXHIBIT ‘“A Lot 8 of Carlsbad Tract No. 98-07, Lincoln Northpointe, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13716, filed in the Office of the County Recorder of San Diego County, December 31, 1998. ACCESS AND UTILITY EASEMENT "B": ALL THAT PORTION OF LOT 8 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A,'; THENCE SOUTH 86°43'~1~' WEST, 43.12 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'33'35", AN ARC DISTANCE OF 44.61 FEET; THENCE TANGENT TO SAID CURVE SOUTH 61O09'36" WEST, 71.01 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22'36'55", AN ARC DISTANCE OF 51.31 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83'46'31'' WEST, 40.67 FEET TO THE BEGINNING OF A TANGENT 110.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58"48 '15", AN . . ARC DISTANCE OF 112.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NON-TANGENT TO SAID CURVE NORTH 52O34'46" EAST, '' CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 30.0'0 FEET TO THE BEGINNING OF A NON-TANGEN.T.80.00 FOOT RADIUS CURVE 52032 146" WEST;. THENCE SOUT.HEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF:: 58048 I IS", AN ARC DISTANCE, OF 82.11 FEE,T; BEGINNING OF A .TANGENT 1oo.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;. THENCE EASTERLY ALONG THE 'ARC OF SAID CURVE THROUGH A CENTRAL ANGLE' OF 22O36'55", AN ARC DISTANCE OF 39.41 FEET; THENCE TANGENT TO SAID CURVE NORTH 61O09'36" EAST, 71.01 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'33'35", AN ARC DISTANCE OF 57.99 FEET; THENCE TANGENT TO SAID CURVE NORTH 86'43'11'' EAST, 43.12 FEET; THENCE SOUTH 03"16'49" EAST, 30.00 FEET TO THE POINT OF BEGINNING. THENCE :TANGENT TO SAID. CURVE NORTH .83'.4 6 ' 31" EA:ST, 40.67 FEET TO THE 15888 - .. . . ... .. ~ 15890 EXHIBIT "C" [insert legal of CMWD easement] 15891 "d' EXHIBIT ")(" PR 02-037 ALL THAT PORTION OF LOT 8 OF CARLSBAD TRACT NO. 98-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13716, FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON DECEMBER 31,1998, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF SAID LOT 8, MAP 13716, DESIGNATED THEREON AS "N26"13'03 WEST, 64.17 FEET; THENCE ALONG THE BOUNDARY OF SAID LOT 8 SOUTH 5234'46" WEST, 11.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY SOUTH 58"01'28" EAST, 57.80 FEET; THENCE NORTH 83"46'47" EAST, 88.36 FEET; THENCE NORTH 61"09'52" EAST, 120.49 FEET; THENCE NORTH 86"43'27" EAST, 96.06 FEET; THENCE NORTH 67"23'33" EAST, 87.57 FEET; THENCE SOUTH 2236'27" EAST, 20.00 FEET; THENCE SOUTH 67"23'33 WEST, 90.97 FEET; THENCE SOUTH 86"43'27" WEST, 94.93 FEET; THENCE SOUTH 61"0952" WEST, 119.96 FEET; THENCE SOUTH 83"46'47" WEST, 99.28 FEET; THENCE NORTH 58"01'28 WEST, 72.25 FEET TO SAID BOUNDARY OF LOT 8; THENCE ALONG SAID BOUNDARY NORTH 5234'46 EAST, 21.37 FEET TO THE TRUE POINT OF BEGINNNING. APPROXIMATE AREA: 0.213 ACRES THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION 15892 EXHIBIT "D" [insert plat of CMWD easement] 15893 EXHIBIT.'?8'I SHEET 1 OF 2 LEGEND @ RECORDED 6-22-2000 AS DOC. NO. 2000-0329407 @ EASEMENT RECORDED 12-2-1999 AS DOC. NO. 1999-0789037 GENERAL UTILITY AND ACCESS EASEMENT DEDICATED TO CITY OF CC&R EASEMENT FOR RECIPROCAL ACCESS AND UTILITY PURPOSES PARCEL "A* OF EXISTING CARLSBAD MUNICIPAL WATER DISTRICT @ CARLSBAD PER MAP 1371 6 ( ) INDICATES RECORD DATA FROM MAP 1371 6 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION VICINITY MAP NOT TO SCALE 1 PLAN: DWG 399-2 CARLSBAD MUNICIPAL WATER DISTRICT HE: c"E: W 213-100-OB ?LS ENGINEERING (619) 236-5565 C:\KOO-111 \CMWD-OffSll COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 2- 1 1-2002 1'* loo' WATER EASEMENT PLAT DRAWN BY: K & S ENGINEERING IN LOT 8 OF MAP 13716, PR 02-037 IN THE CITY OF CARLSBAD, RMSED: CARLSBAD MUNICIPAL WATER DISTRICT PLAN: D WG 399-2 CARLSBAD MUNICIPAL WATER DISTRICT IAE: :mE IPN 213-100-08 %S ENGINEERING (619) 296-5565 C:\KOO-ll l\CMWD-OFFSlTt 2- 1 1-2002 1'= loo' WATER EASEMENT PLAT DRAWN BY: K & S ENGINEERING IN LOT8 OFW 13716, PR 02-037 IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEW, STATE OF CALIFORNIA RMSED: