Loading...
HomeMy WebLinkAboutCT 81-46; Homes for Industry - Carlsbad LLC; 1996-0437101: Easement. Carlsbad Municipal Water District . . . RECORDING REQUESTED BY AND WHEN RECORDED, ' PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real ' Engineering Department Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document a! no fee as it is to the beneR of the Distrid (Gov. Code [8103].) ! i ;.' "IC # 1996-0437101 5u-AUG-1996 10-42 AI'! 1847 I Space above this line for Recorder's use. The undersigned gnntor(s) declare(s): Assessor's Parcel No. 212492-04 Documeniary transfer tax is Oo.00 Project No. & Name CMWD 95-211 ( ) computed on full wlue of property conveyed, or ( ) computed on full value less mlue of liens and Kelloaa Avenue. Homes for lndustrv encumbrances remaining at time of sale. ( ) Unincorporated area: (* City of -, and FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged. ~ ~~ ~ ~~ ~ GRANT DEED OF WATER LINE EASEMENT HOMES FOR INDUSTRY - CARLSBAD LLC 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 adivities necessary to construct, reconstruct. operate. maintain and repair facitiis designed for the general purpose of colleciing, storing, transporting. pumping and treating all water, including surface water, stream water. flood water and ground water flowing into said facilties, and all natural and arficial 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 1 05/21/98 Rev. faciliiies 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 pmtectk facilities and dedces. 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 ex2luSiw to the Grantee. Grantor herein agrees that no buildings andlor structures will be erected, walls construded, fences built nor trees planted, nor may the easement be used by the Grantor or any other penon or entity. including other utilities, whether public or phate, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particulally described in Exhibit 'A" and Exhibit "B" attached hereto and by this reference made a part hereof. GRANTOR HOMES FOR INDUSTRY - CARLSBAD LLC (name of arantorl M-. (title of signatory) By: (s!gn here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL (Notandi acknowledgement of exxulbn of GRANTOR must be attached.) CMWD- 2 05/21/98 Rev. 1849 STATE OF CALIFORNIA 1 COUNlYOF)&h LA -6" ss' personally appeared /' NAME@) OF SIGNER(S) Ypemnally known to me - OR - 0 proved to me on the bask of satisfactory evidence to be the persoW ~I~ose name@) .&!ace subscribed to the wthii instrument and acknowledged to me that he/she/lhey emcuted the same in hislheFIIReir authotked capacQQee), and that by hMefAkeir signature(@ on the instrument the person@), or the entity upon behalf of which the penon(s)-acted, emmIted the instrument. WrrNESS my hand and off11 seal. @€TR J. WYES SIGN&'&E OF NOl%RY (This area for official notary seal.) Title or Type of Document Date of Dowment No. of Pages Signer@) other than named abow CM 95-211 06/14/95 Rev. 1850 EXHIBIT "A" ALL THAT PORTION OF LOT 43 OF CARLSBAD TRACT NO. 8 1-46, UNIT NO. 2. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER \IW NO. I1288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 40, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF KELLOGG AVENUE (72.00 FEET WIDE), SAID NORTHERLY RIGHT-OF-WAY LINE BEING A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 436.04 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TROUGHT A CENTERAL ANGLE OF 6'27'35", A DISTANCE OF 49.16 FEET TO THE IlRW POINT OF BEGINNING; THENCE LEAVING SAID CURVE, AND ALONG SAID CENTERLINE NOR" 33"12'43" WEST 25.99 FEET; THENCE SOUTH ST21'47" WEST 3 1.81 FEET TO A POW HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 87"21'47" WEST 100.57 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 87'21'47" WEST 1.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 87"21'47" WEST 77.27 FEET TO A POINT . HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH 2'38'13" WEST 1 11.82 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING NORTH 2"38'13" WEST 35.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING NORTH 2"38'13" WEST 3.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTMLmJG NORTH 2-38'13" WEST 120.75 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING NORTH 2'38'13" WEST 18.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTXNLJING NORTH 2'35'13' WEST 4.14 FEET; TFIENCE NORTH 87"21'47" EAST 97.90' FEET; THENCE NORTH 56'49'51" WEST 39.32 FEET TO A POINT OF TERMINATION ON THE EASTERLY LOT LINE OF SAID LOT 40, SAID POINT BEGINNING SOUTH 25"4717" EAST 44.98 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 40. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 2'38'13" EAST 23.54 FEET TO A POINT OF TERMINATION. PAGE 1 OF 2 CMWD 95-21 1 BEGINNING AT ABOVE MENTIONED POINT "B", THENCE SOUTH 2"38'13" EAST 25.54 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 2"38'13" WEST 14.46 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D; THENCE SOUTH 2"38'13" EAST 87.8 I FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 2"38'13" EAST 3.00 FEET; THENCE NORTH 87"21'47" WEST 12.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE SOUTH 87"21'47" WEST 20.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE SOUTH 87"21'47" WEST 26.5 I FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE NORTH 87"21'47" EAST 14.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "H"; THENCE NORTH 87"21'47" EAST 13.80 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "I"; THENCE SOUTH 87"21'47" WEST 23.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "J"; THENCE SOUTH 87"21'47" WEST 2 1.50 FEET TO A POINT OF TERhflNATION. SEE EXHIBIT "B" ATTACHED HERETO. MY REGISTRATION &&ES ON 12/31/1997 PAGE 2 OF 2 CMWD 95-21 1 WATERLINE EASEMENT PLAT -a 1" = 60' SILLMAN / WYMAN. INC JOB NO. \E 5-16-96 SAN DIEGO, CA. 921 21 OWG NO. 6181 CORNERSTONE COURT, SUITE 101 9501 0-40 ?N. MLS CK. BHW PHONE (619) 453-4320 FAX (619) 552-1563 CMWD 95-21 1 I I EXHIBIT "B" - SHEET 2 OF 2 ?ALOMAR AJr??ORl MS. 514 WATERLINE EASEMENT PLAT -U 1" = 60' CMWD 95-21 1 PHONE (61 9) 453-4320 FAX (61 9) 552-1 563 ?N. MLS CK. BHW SILLMAN / WYMAN. INC JOB NO. SAN DIEGO. CA. 92 121 DWG NO. \x 5-16-96 6181 CORNERSTONE COURT, SUITE 101 9501 0-40 .. ' . CERTIFICATION OF ACCEPTANCE OF DEED This is to cettfythat the interest in real property conwyed by the grant deed of easement, dated IQ%, from HOMES FOR INDUSTRY - CARLSBAD LLC to the Carlsbad Municipal Water District. Carlsbad. California, pursuant to the Municipal Water DM Ad of 1911, as amended, Ls hereby accepted by the undersigned offcer or agent on behalf of the Carlsbad Municipal Water District. Carlsbad, California. pursuant to authority conferred by Resolution No. of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized offir. ALETHA L. RACITEN CW 95-211 08/14/95 Rev. RECORDING REQUESTED BY Carlsbad Municipal Water Di AND WHEN RECORDED, PLEASE MAIL TO Carisbad Municipal Water Di 5950 El Camino Real Carisbad. California 92008 Please record !he dowment at no fee as it is to the benefit of !he DM (Gov. Code [6103].) 'I c , 3. 1855 SA8 9IE60 COUNTY RECOROE4'S '1FF:CE OFFICIAL RECORDS GREGORY SNITHI COUNTY RECgRDEF! FEES: 0.00 I Space abow this lie for Recorder's use. SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) Lot 40. Carlsbad Tract 81-46, Camino VidaRoblesKellogg Avenue, Homes for Industry NOTICE YOUR SECURITY INTEREST IN THE PROPERTY THIS SUBORDINATION AGREEMENT RESULTS IN REAL PROPERTY TO WHICH YOUR SECURITY BECOMING SUBJECT TO (AN) EASEMENT IN THE INSTRUMENT AlTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 23 dayof duL1( .l9&by Homes for Industry - Carlsbad, LLC, a California Limited Liabilii Company (Trustor/Owner) hereinafter referred to as "Owner," owner of the land and Lawrence B. Robinson, as Trustee of theRobinson Family Trust dated December 12,1989 (Beneficiary) 1 05/21/96 Rev. hereinafler referred to as "Benefciary": present Owner and holder of the deed of trust hereinafler descnbed; WITNESSETH THAT WHEREAS, Homes for lndustw - Carlsbad. LLC dd emcute (Trustor) a deed of trust. dated December 7 ,19& to Chicaao Tile ComDanv. a Caliiomia Comoration (Date) (Trustee) as trustee, cowring All that Dortion of Lot 40 of Carisbad Tract No. 81-46, Unit No. 2. in the Ci of Carisbad. County of San Diego, State of California, as per Map No. 11288 recorded in the Ofke of the County Recorder of said (See mibit "A" EL "R" for Detailed Description) to secure a note in the sum of One Million. One Hundred Fiffv Thousand Dollars ($ 1.150.000.00 ) dated (Lien Amount) Lawrence B. Robison. As Trustee December 7 ,1995, in fawr of of the Robinson Familv Trust dated December 21,1989 recorded (Dated) (Benefciary) in the offii of the County Recorder of San Dieao County on December 12.1996 (County) (Date Recorded) as File No. 19960666763 of Offkial Records of said county; and (FP No.) WHEREAS, Owner has ex?cuted. or is about to exxute, as grantor, a grant of EASEMENTEASEMENTS dated 39 2*,. in favor of the Carlsbad Municipal Water District as grantee, hereinafler referfed to as "Easement Grantee." creating ANnHE EASEMENTEASEMENTS more particularly described in MHIBTT/U(HIBTTS "A" EL "B" attached hereto: and WHEREAS. Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of EASEMENTEASEMENTS is a charge upon the abow? described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and uncondiionally subordinate the len or charge of the deed of trust above mentioned to the lien or charge of the EASEMENTEASEMENTS created, in favor of Easement Grantee: and 2 05/21/96 Rev. WHEREAS, 1 is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTEASEMENTS and Benefiiary is willing that the grant of EASEMENTEASEMENTS 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 benefts accnting to the parties hereto and other valuable consideration. the receipt and suffiiiency of whiih consideration is hereby acknowledged. and I6 order to induce Easement Grantee to accept said EASEMENTEASEMENTS above referred to. it is hereby declared, understood and agreed as follows: I. That said EASEMENTEASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the properly therein described, prior and superior to the lien or charge of the deed of trust aboe mentioned. 2. That Easement Grantee would not accept said EASEMENTEASEMENTS 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to and shall supenede and cancel. but only insofar as would affect the priority between the deed of trust and EASEMENTEASEMENTS hereinbefore specitiilly 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 propelty therein described. BENEFICIARY declares, agrees and acknowledges that: I. I (We) consent to and approve the grant of EASEMENTEASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and uncondtronally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTEASEMENTS is being eacuted and deliired, the EASEMENTEASEMENTS ISARE being created, and that specif' monetary and other obliiations 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 05/21/96 Rev. 1858 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to day BENEFICIARY: Robinson Family Trust dated December 21,1989 LAWRENCE B. ROBINSON, as TNS~W Of tha (name) (Me) ~~ ~~ (authofized signature) (name) 23 day OWNER: a California Limited Liability Company HOMES FOR INDUSTRY - CARLSBAD, LLC, ~~ (name) BY (authorized signature) (name) NOTE MT THE PRESIDENT OR WEPRESIDENT 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. CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PmnEs Appmwd as to form: Ronald R. Ball, General Counsel J (Notarial acknowledgement of ex?cution of OWNER and BENEFICWRY must be attached.) CMWD 95-211 4 05/21/96 Rev. 1859 Ne or Type of Document Date of Dowment No. of Pages Signer@) other than named abow 08/14/95 Rev. 1860 q:penonally known to me - OR - 0 pmd to me on the basis of satisfactory evidence to be the penon@-whose name@$ blPFtsubscribed to the wahin instrument and acknowledged to me that helsheahey emxted the same h hkmerilheir authorized capacity(I@, and that by h-i signatuwon the instrument the penon@, or the em upon behalf of which the penon($rScted, exmted the instrument. WTNESS my hand and oflicial seal. %s d- SlGNATUdtE OF NOTmY (This area for official notary seal.) Tie or Type of Document Date of Document No. of Pages Signer@) otherthan named abbe 06/14/95 Rev. ALL THAT PORTION OF LOT 40 OF CARLSBAD TRACT NO. 8146, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS PER MAP NO. I 1288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 40, SAID POINT ALSO BEMG ON THE NORTHERLY RIGHT-OF-WAY LINE OF KELLOGG AVENUE (72.00 FEET WIDE), SAID NORTHERLY RIGHT-OF-WAY LINE BEING A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 436.04 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TROUGHT A CENTERAL ANGLE OF 6'2735", A DISTANCE OF 49.16 FEET TO THE DUE POINT OF EEGINNING; THENCE LEAVING SAID CURVE, AND ALONG SAID CENTERLINE NORTH 33"12'43" WEST 25.99 FEET; THENCE SOUTH 87"21'47" WEST 3 1 .SI FEET TO A POINT HEREINAFTER REFERRED TO AS POINT ''A"; THENCE CONTINUING SOUTH 87"21'47" WEST 100.57 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTwLrmG SOUTH 87"21'47" WEST 1.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 87"21'47" WEST 77.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH 2"38'13" WEST 11 1.82 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTlNUING NORTH 2'38'13" WEST 35.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING NORTH 2'38'13" WEST 3.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 2"38'13" WEST 120.75 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING NORTH 2'38'13" WEST 18.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTXNUING NORTH 2'35'13' WEST 4.14 FEET; T!EN,"E NORTH 8721'47" EAST 97.90' FEET; THENCE NORTH 56'49'51" WEST 39.32 FEET TO A POINT OF TERMINATION ON THE EASTERLY LOT LINE OF SAID LOT 40. SAID POINT BEGINNING SOUTH 25'4T17" EAST 44.98 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 40. THE SIDUINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 2"38'13" EAST 23.54 FEET TO A POINT OF TERMINATION. PAGE I OF 2 CMWD 95-21 I - -. 1862 I BEGlNNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 2"38'13" EAST 15.54 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 2"38'13" WEST 14.46 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE SOUTH 2"38'13" EAST 87.81 FEET TO A POINT HEREINAFER REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 2"38'13" EAST 3.00 FEET; THENCE NORTH 87"21'47" WEST 12.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE SOUTH 87"21'47" WEST 20.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE SOUTH 87"21'47" WEST 26.5 1 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE NORTH 87"21'47" EAST 14.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "H"; THENCE NORTH 87"21'47" EAST 13.80 FEET TO A POINT OF TERMINATION. BEGINNrmG AT ABOVE MENTIONED POINT "I"; THENCE SOUTH 87'2 1'47" WEST 23.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "J"; THENCE SOUTH 8721'47" WEST 21 SO FEET TO A POINT OF TERMINATION. SEE EXHlBIT "E" ATTACHED HERETO. SILLMAN / WYMAN, INC. MY REGISTRATION Ek&ES ON 12/31/1997 PAGE 2 OF 2 CMWD 95-21 1 ! ” MATCH LINE SEE SHEET 2 L = 49.1 ’ R = 436.04’ SOUTHEASTERLY -” ””“””_ 0 =I I CARLSBAD TRACT NO. 131-40 UNlT NO. 2 MAP NC. 11288 NORTHERLY R.O.W. LINE ALL LEGS OF MIS EASEMENT ARE 15.00 FEET WOE AN0 7.50 FEET ON EACH SIDE OF THE CENTERUNE. ~~~~ ~~ WATERLINE EASEMENT PLAT SCALE 1” = 60’ SILLMAN / WYMAN. INC JOB NO. 6181 CORNERSTONE COURT, SUITE 101 9501 0-40 CMWD 95-21 1 DATE 5- 16-96 PHONE (61 9) 453-4320 FAX (619) 552-1 563 DRN. MLS CK. BHW OWG NO. SAN DIEGO, CA. 921 21 EXHIBIT "B" - SHEn 2 OF 2 1864 0 Jo' 60' 90' 120' PALOMAX AJRPORT M.S. 514 d I OT G RANCHO AGUA I-IEDJONDA /"- NORTHEASTERLY CORNER - WATERLINE EASEMENT PLAT sw 1" = 60' SILLMAN / WYMAN. INC JOB NO. ME 5-16-96 DRN. ME CK. BHW CMWD 95-21 1 PHONE (619) 453-4320 FAX (619) 552-1563 6181 CORNERSTONE COURT, SUITE 101 9501 0-40 SAN DIEGO, CA. 921 21 DWG NO. .: . , RECORDING REQUESTED BY Carlsbad Municipal Water DW AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water DW 5950 El Camino Re81 Carlsbad, California-92008 Please record the document at no fee as it is to the beneft of the Di (Gov. Code [6103].) I ~' 7C #I 199.6-0437103 28-AUG-19W 10-42 An OFFICIAL RECORDS SBN OIEGO COUNTY RECORMR'S OFFICE GREGORY SBITH, COUNTY RECORDER 1865 FEES: 0.00 I Space above this line for Remn3er's use. A.P.N.: 21249244 Project No. & Name: CMWD 95-211 Lot 40. Carlsbad Tract 8146. Homes for lndustw Camino VidaRoblesMelloaa Avenue SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) Lot 40, Carlsbad Tract 8146, Camino VidaRoblesMellogg Avenue, Homes for lndustty 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 AlTACHES AND HAS THE POTENTIAL SECURITY INTEREST. EFFECT OF REDUCING THE VALUE OF YOUR THIS AGREEMENT, made this 23 day of \xLy ,19% by Homes for Industry - Carlsbad, LLC, a California Limited Liability Company (Tmstor/Owner) hereinafter referred to as "Owner." owner of the land and SCRIPPS BANK, a California State Banking Corporation (Beneficialy) 1 05/21/96 Rev. 1866 hereinafler referred to as “Beneficiav; present owner and holder of the deed of trust hereinafler described; WITNESSETH THAT WHEREAS, Homes for lndustrv - Carlsbad. LLC did excute (Trustor) a deed of trust, dated March 6 (Date) ,lSK to SC~~DDS Bank. a California State Bakina Cornration (Trustee) as trustee, covering All that nortion of Lot 40 of Carlsbad Tract No. 8146. Unit No. 2. In the Ci of Carlsbad. County of San Diego, State of California, as per Map No. 11288 recorded in the Office of the County Recorder of said July 16,1985, more particularly described in Exhibits “A” & “B” , attached hereto and made a part hereof (Brief Legal Description) (See Mibit “A” & “B” for Detailed Description) to secure a note in the sum of One Million. Five Hundred Thousand Dollars (f 1.500.000.00 ) dated (Lien Amount) March 6 ,193, in favor of SC~~DDS Bank. a California State Bankina Comoration (Dated) (Benefciary) recorded in the office of the County Recorder of San Dieao Countyon March 14,1996 (County) (Date Recorded) as File No. 19960126440 of mil Records of said county; and (FP No.) WHEREAS, Owner has emcuted. or is about to emcute, as grantor, a grant of EASEMENTEASEMENTS dated Zy.?? /99/ , in favor of the Carlsbad Municipal Water District as grantee. hereinafler referred to as “Easement Grantee.” creating MHE EASEMENTEASEMENTS more pariiculady described in MHIBTTEXHIBTTS “A” & “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of EASEMENTEASEMENTS 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 EASEMENTEASEMENTS created in favor of Easement Grantee; and 2 05/21/96 Rev. WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTEASEMENTS and Benefciary is willing that the grant of EASEMENTEASEMENTS 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 benefts 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 EASEMENTEASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all ties 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 EASEMENTEASEMENTS above described without thii 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 abow mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above referred to and shall supenede and cancel. but only insofar as would affect the priority between the deed of trust and EASEMENTEASEMENTS hereinbefore specifiilly described, any prior agreement as to such subordination including, but not limled. those provisions. if any, contained in the deed of trust abow mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. BENEFICMRY declares, agrees and acknowledges that: 1. I (We) consent to and approve the grant of EASEMENTEASEMENTS 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTEASEMENTS is being executed and delivered, the EASEMENTEASEMENTS 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 3 05/21/96 Rev. 1868 I. 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 EASEMENTEASEMENTS in famr of Easement Grantee above referred to Ekecut d by the BENEFIC 23 day ~GJ~JwNER this 23 day BENEFICIARY: OWNER: of J,,Lj ,19y ,19- HOMES FOR INDUSTRY - CARLSBAD, LLC, a California Limited Liability Company By: (auw signature) c <- &qg 73U&2eZI/ A .5- kt&\ (name) (name) " (Me) By: (authorized signature) (authorized signature) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THE DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSLSTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDMDUAL SIGNING IN BEHW OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDNIDUAL 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. Appmved as lo form: Ronald R. Ball, General Counsel (Notarial acknowledgement of execution of OWNER and BENEFlClARY must be attached.) 4 CMWD 95-211 05/21/96 Rev. 1869 1 personally appeared I' NAME@) OF SIGNER(S) $(personally known to me - OR - 0 proved to me on the basis of satisfactory edenu, to be the penon(Ef whose name@ islaFe subscribed to the within instrument and acknowledged to me that heMeh?y ex?cuted the same in hisherAReL authorized cam, and that by hlsh&tieir signature@j%n the instrument the person@), or the entity upon behalf of which the person@ acted, ex?cuted the irstrument. WITNESS my hand and offil seal. ,-.> (This area for official notary seal.) TUe or Type of Dowment Date of Doarment No. of Paoes Signer@) other than named abow I I CM 95-211 OW14195 Rev. dpersonally known to me - OR - 0 proved to me on the basis of satiiadory evidence to be the penon(s) whose name@) Ware subscribed to the within instrument and acknowledged to me that heEsheAhey emcuted the same h hismarltheir authorized capaclty(ies), and that by hismerltheir slgnature(s) on the instrument the person(s), or the entity upon behalf of which the penon(s) aded. emxted the instrument WTNESS my hand and omcisl seal. (This area for offidal notary seal.) Tie or Type of Document Date of Document No. of Pages Signer@) other than named abow CMWD 95-211 08/14/95 Rev. - - CALIFORNIA ALL-PURP,SE ACKNOWLEDGMENT personally known to me - OR - 0 proved to me on the basis of satisfactoiy evidence to be the person(s) whose name(s) Ware 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. OPTIONAL Though the information Lmlow is not required by law, R may prove valuable to persons relying on the docoment and could prevent fraudulent removal and reanachment of this form to another document. Description of Attached Document Title or Type of Document: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: 0 individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Ttle(s): ci Attorney-in-Fact 0 TNStee 0 Guardian or Conservator 0 Other: I 8b here Signer Is Representing: I I 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Title(@: 0 Attorney-in-Fact 0 TNStee 0 Guardian or Conservator 0 Other: 1 Top of thumb here I I Signer Is Representing: I I I I Pmd. NO. 5907 -. -. .. ALL THAT PORTION OF LOT 40 OF CARLSBAD TRACT NO. 81 -46, UNIT NO. 2. IN THE ' CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS PER MAP NO. I1288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLlNE: BEGINNTNG AT THE SOUTHEASTERLY CORNER OF SAID LOT 40, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF KELLOGG AVENUE (72.00 FEET WIDE), SAID NORTHERLY RIGHT-OF-WAY LINE BEING A CURVE CONCAVE . TO THE SOUTHEAST WITH A RADIUS OF 436.04 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TROUGHT A CENTERAL ANGLE OF 6'2T35", A DISTANCE OF 49.16 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID CURVE, AND ALONG SAID CENTERLINE NORTH 33'12'43" WEST 25.99 FEET; THENCE SOUTH 87-21'47" WEST 3 1.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 87"21'47" WEST 100.57 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 87"21'47" WEST 1.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 87"2 1'47" WEST 77.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH 2'38'13" WEST 1 1 1.82 FEET; TO A POINT HEREINAFER REFERRED TO AS POINT "E"; THENCE CONTINUING NORTH 2'38'13" WEST 35.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING NORTH 2"38'13" WEST 3.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 2"38'13" WEST 120.75 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT W"; THENCE CONTINUING NORTH 2'38'13" WEST 18.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTXNUING NORTH 2'35'13' WEST 4.14 FEET THENCE NORTH 8721'47" EAST 97.90' FEET; THENCE NORTH 56O49'51" WEST 39.32 FEET TO A POINT OF TERMINATION ON THE EASTERLY LOT LINE OF SAID LOT SO, SAID POINT BEGINNING SOUTH 25'4T17" EAST 44.98 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 40. THE SIDELTNES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENnONED POINT "A"; THENCE SOUTH 2"38'13" EAST 23.54 FEET TO A POINT OF TERMINATION. PAGE 1 OF 2 CMWD 95-21 1 BEGINNING AT ABOVE MENTIONED POINT "B". THENCE SOUTH 2'38'13" EAST 25.54 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 2"38'13" WEST 14.46 FEET TO A POINT OF TERMINATION. BEGMNTNG AT ABOVE MENTIONED POINT "Dl; THENCE SOUTH 2"38'13" EAST 87.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 2'38'13" EAST 3.00 FEET; THENCE NORTH 87'21'47" WEST 12.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE SOUTH 87'21'47" WEST 20.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE SOUTH 87'21'47" WEST 26.5 1 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE NORTH 87'21'47" EAST 14.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "H"; THENCE NORTH 87'21'47" EAST 13.80 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "I"; THENCE SOUTH 87"21'47" WEST 23.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "J"; THENCE SOUTH 87'21'47" WEST 2 1 SO FEET TO A POINT OF TERMINATION. SEE EXHIBIT "B" AlTACHED HERETO. My REGISTMTION ON 12/31/1997 PAGE 2 OF 2 CMWD 95-21 1 ” “ .. ”- A -. - - - - - EXHIBIT ”B” SHEET 1 OF 2 ._ .. --- - -” - -” - ” ” ” ” ” ” ” ” ” - - - - .- - -5’ -- “ 1874 ” D = 0627’35” WATERLINE EASEMENT PLAT SCALE 1” = 60’ DWG NO. SAN DIEGO, CA. 92121 DATE 5-16-96 SIUMAN / WYMAN. INC PHONE (619) 453-4320 FAX (619) 552-1563 DRN. MLS CK. BHW JOB NO. 6181 CORNERSTONE COURT, SUITE 101 9501 0-40 CMWD 95-21 1 ! I - I EX H I BIT "B" - SHEET 2 OF 2 F'ALOMAR AJRPORT MS. 514 LOT G RANCI-IO AGUA HEDJONDA /- NORTHEASTERLY CORNER - / WATERLINE EASEMENT PLAT 'SCALE 1" = 60' SILLMAN / WYMAN. INC SAN DIEGO, CA. 921 21 JOB NO. 'ME 5-1 6-96 PHONE (619) 453-4320 FAX (619) 552-1563 DRN. MLS CK. BHW CMWD 95-21 1 6181 CORNERSTONE COURT, SUITE 101 9501 0-40 DWG NO.