HomeMy WebLinkAboutCT 85-24; CRC Project One, LP; 1998-0053353; Easement00?.!20
RECORENG REQUESTED BY
CPC PROJECT ONE L.P.
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 at no
fee as it is to the benefit of the
' '
District (Gov. Code [6103].)
;i
lBE # 1998-0053353
Feb 02. 1998 4-00 PPi
s1w DIEGO cou(Ty REMRDER'S OFFICE OFFICIlY REm
FEES: 0.00 oc: NA
,1131 GREGoRl J. SIIIM, wu(Ty TIEUIWIER
I Space above this line for Recorder's use.
The undersigned grantor(s) declare(s):
Documentary transfer tax is SO.00 Assessor's Parcel No. 212-130-25
Project No. & Name 96-222. Lots 99 B 100.
( ) computed on full value of property conveyed, or MaD 12815. Carlsbad Tract 85-24. Carlsbad
( ) computed on full value less value of liens and Research Center Unit 5 .. encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
( ) Unincorporated area: (x) City of Carlsbad , and A&. (7& -
?"-- WILLIAM E. PLUMMER, District Engineer
GRANT DEED OF WATER LINE EASEMENT
CRC PROJECT ONE L.P., a California limited partnership
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California,
its successors and assigns, an easement.
Purpose: the easement granted herein shall be granted for the following purposes: the construction,
operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair
facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including
surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage
ditches and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and
all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from
1 10/20/97 Rev.
11 32 .<, ._
' natural and other,forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking
'I, . 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 THE 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 this /6iR day of
19z.
GRANTOR
CRC PROJECT ONE, L.P., a California limited
partnership
Casolidated Ins. a
n here) frreas. of Hmam mlichtd, Ins., a axpatirn, @ partrer
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.)
execute this instrument.)
(If signed by an individual partner, the partnership must attach
APPROVED AS TO FORM:
RONALD R. BALL B
Jacob Brouwer Co-Trustee of the
Jacob and Jeanette CMWD 96-222
Brouwer Declaration of Trust dated
2 5/11/17. 10/20/97 Rev.
EXHIBIT "A"
*. .I I
ALL THAT PORTION OF LOTS 99 AND 100 OF CARLSBAD TRACT NO. 85-
24, UNIT NO. 5, IN ' THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF STATE OF CALIFORNIA, AS PER MAP NO. 12815 RECORDED IN THE OFFICE
LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
CORNER BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 100, SAID
TO WHICH BEARS NORTH 82°30'00" WEST), SAID CURVE BEING THE SOUTHEASTERLY HAVING A RADIUS OF 436.00 FEET (A RADIAL LINE
NORTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE (72.00 FEET
AND SAID RIGHT-OF-WAY LINE NORTHEASTERLY ALONG SAID CURVE 184.76 FEET THROUGH A CENTRAL ANGLE OF 24 1 6 ' 46" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE AND RIGHT-
OF-WAY LINE ALONG SAID CENTERLINE, NORTH 58'13'14'' WEST 77.46 FEET; THENCE NORTH 78'55'20'' WEST 57.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 11°04'40"
EAST 331.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
NORTH 56°04'40" EAST 75.16 FEET; THENCE SOUTH 78'55'20'' EAST
"B"; THENCE CONTINUING NORTH 11°04'40" EAST 36.03 FEET; THENCE
HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH
134.00 FEET; THENCE SOUTH 10'39'48'' EAST 64.00 FEET TO A POINT
10°39'48" EAST 190.62 FEET TO THE BEGINNING OF A NON-TANGENT
A RADIAL LINE TO WHICH BEARS NORTH 23'55'35'' WEST; THENCE
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 446.00 FEET,
ANGLE OF 8"41 '10"; THENCE ON A RADIAL BEARING SOUTH 32'36'45''
SOUTHWESTERLY ALONG SAID CURVE 67.61 FEET THROUGH A CENTRAL
EAST 10.00 FEET TO SAID SOUTHEASTERLY LINE AND RIGHT-OF-WAY
LINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR
SHORTENED AT ALL ANGLE POINTS AND LOT LINES.
WIDE); THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 100
ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH
78'55'20'' WEST 14.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH
78O55'20" WEST 18.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH
79'20'12'' EAST 33.00 FEET TO A POINT OF TERMINATION.
I
.. .
STATE OF CALIFORNIA 1
COUNTY OF S n Vl'ep
lss.
personally known to me - 20 be the person@) whose name@)
idare subscribed to the within instrument and acknowledged to me that b&?e/they executed the same in.ks&?r/their
authorized capacity(ies), and that by hisiTSr/their signature(s) on the instrument the person@), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
n
(This area for official notary seal.)
CMWD 96-222
06/14/95 Rev.
CERTIFICATION FOR ACCEPTANCE OF DEED 36
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
/g/d , 19Lz from CRC PROJECT ONE L.P.. a California limited DartnershiD; to the
Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of
1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad
Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the
Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to
recordation thereof by its duly authorized officer.
CMWD 96-222
llQaL/L
ALETHA L. RAUTENKRANZ, Secretary
11/03/97 Rev.
..
'. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of rm 6,
On 12-10.97 before me, Au?;kc &C, u0k2vy PkblI'L I
personally appeared -% TUCob ~YOUIMf'i
mersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@)
whose name@) islare subscribed to the within instrument
and acknowledged to me that helshelthey executed the
same in hislherltheir authorized capacity(ies), and that by
Date Name and ntls ol%f&(e.s., "Jane Doe, Nolaw Public")
NamW of Signer(%)
ANllA J. ffiTJE
Notow Public - Colifomla B
Comrnisw'on#107(UOJ 5
hidherltheir signature(s) on the instrument the person(sj,
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reanachment 01 this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual
0 Corporate Officer
Partner - 0 Limited 0 General
Title(s):
0 Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator
0 Other: ib here I I I Signer Is Representing:
0 Individual
0 Corporate Officer
13 Partner - 0 Limited 0 General
Title@):
7 Attorney-in-Fact
II] Trustee
3 Guardian or Conservator
3 Other:
Signer Is Representing:
I I
00,?!2t ,!
1138
RECORDING REQUESTED BY
CRC PROJECT ONE L.P., a California limited
partnership
AND WHEN RECORDED, PLEASE MAIL TO
DOC St 1998-0053354
FEB 029 1998 4-00 PM
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008 ,.f. ,;
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.
ms: 0.00
i /’
ASSESSOR’S PARCEL NO. 212-130-25
PROJECT NO. &NAME: 96-222. Lots 99 8 100, MaD 12815. Carlsbad Tract 85-24. Carlsbad Research Center Unit 5
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT AlTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this /d-day of 36Cg,FSt@ , 19=, by CRC PROJECT ONE L.P.. a k
California limited DartnershiD, owner of the land described and hereinafter referred to as “Owner,” and
THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corDoration, present owner and holder of
the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;”
WITNESSETH
THAT WHEREAS, CRC PROJECT ONE LP. a California limited DartnerShiD did execute
a deed of trust, dated March 6, 1997 to FIRST AMERICAN TITLE INSURANCE COMPANY. a corooratlon.
10/20/97 Rev.
-.
I_ .. .
.. -as trustee, to secure a note in the sum of Two Million. Eight Hundred Thousand Dollars
@2.800.000.00) dated March 6.1997 in favor of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA. a New
York comoration recorded in the office of the County Recorder of San Diego County on March 6. 1997
as File No. 1997-0100080 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated
&Nrkf' 10, Iqy? in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating ANiTHE EASEMENnEASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A & "B
attached hereto: and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENT/EASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the
deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or
charge of the deed of trust above mentioned to the lien or charge of the EASEMENT/EASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
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 EASEMENTIEASEMENTS above referred to, it is hereby declared, understood and
agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and
remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust
above mentioned.
2. That Easement Grantee would not accept said EASEMENT/EASEMENTS above described without
this subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
2 10/20/97 Rev.
.. .. 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
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3 10120197 Rev.
.. .. 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 EASEMENnEASEMENTS in favor of
Easement Grantee above referred to:
Executed this !vd day of Executed this 10 day of~r.Pmdek ,
1 g-. 19a.
BENEFICIARY: OWNER:
THE GUARDIAN LIFE INSURANCE COMPANY OF a California limited
seC./Treas. of bra- Cmd.i&M, Im., a
Its: Vice President & Coruorate Secretary Its: Califomia cnqx
(title)
ratim, e partrer
(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
MAlTER.
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO/"'""\
Approved as to form:
RONALD R. BALL, General Counsel
/'
By: Jacob Brouwer
JANE ALDI. deputy General Counsel (name ) Jacob Brouwer Co-Rustee ~~~~96-222
of the Jacob & Jeanette Brouwer Declaration
10/20/97 Rev. 4 dated 5llllll.
ALL THAT PORTION OF LOTS 99 AND loo OF CARLSBAD TRACT NO. a5-
STATE OF CALIFORNIA, AS PER MAP NO. 12815 RECORDED IN THE OFFICE 24, UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF
LAND 20 -00 FEET WIDE, LYING 10 .OO FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 100, SAID
CORNER BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 436.00 FEET (A RADIAL LINE
NORTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE (72.00 FEET
TO WHICH BEARS NORTH a2°3010011 WEST), SAID CURVE BEING THE
AND SAID RIGHT-OF-WAY LINE NORTHEASTERLY ALONG SAID CURVE 184.76
WIDE); THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 100
FEET THROUGH A CENTRAL ANGLE OF 24O 16 '46" TO THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE AND RIGHT- OF-WAY LINE ALONG SAID CENTERLINE, NORTH 58'13'14'' WEST 77.46
HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH ll"O4'40"
EAST 331.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 11 O04'40" EAST 36.03 FEET; THENCE
FEET; THENCE NORTH 7a055'20" WEST 57.00 FEET TO A POINT
NORTH 56°04'40" EAST 75-16 FEET; THENCE SOUTH 7a055'2o1' EAST
134.00 FEET; THENCE SOUTH 10039'4a~~ EAST 64.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH
lOO39'48" EAST 190.62 FEET TO THE BEGINNING OF A NON-TANGENT '*
A RADIAL LINE TO WHICH BEARS NORTH 23"55'35" WEST; THENCE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 446.00 FEET,
SOUTHWESTERLY ALONG SAID CURVE 67.61 FEET THROUGH A CENTRAL ANGLE OF 8O41'10"; THENCE ON A RADIAL BEARING SOUTH 32'36'45'' EAST 10.00 FEET TO SAID SOUTHEASTERLY LINE AND RIGHT-OF-WAY LINE.
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 NORTH
78O55'20" WEST 14.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH
7a055'20" WEST 18.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH
79°20'12" EAST 33.00 FEET TO A POINT OF TERMINATION.
\
l
STATE OF CALIFORNIA 1 lss.
COUNTYOF Sa@ DieGo
personally known to me - wto be the person(s) whose name@)
islare subscribed to the within instrument and acknowledged to me that he/ske/they executed the same iwhislherltheir
authorized capacity(ies), and that by-heir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
TitleorTypeofDocument3O!hPd;&idn AC?L'.3P).nPMb
Dateof Document 1 &//0/97 No. of Pages 6
Signer@) otherthan named above 7-h P GVLLP&'~.U Li-fe Z'fisumMce Com,oa~v o,Arnprl'fa
CMWD 96-222
06/14/95 Rev.
.. . i.
STATE OF 1
COUNTY OF .&Err/ vUL?f. ISS.
I
On /$/@Afore me.
DATE NAME AND TITLE OF OFFICER
personally appeared
NAME@) OF SIGNER(S)
personally known to me - OR - ” proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislhedtheir
authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WIlNESS my hand and official seal.
Natafy Public, Sum of New York MARlAtmBELMACHADO
MlRdinKi*cMlmy No. 4808179
annmwnwrmJulya1, I&
SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
06/14/95 Rev.
,.
' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of f/l/a, ,1146
County of 3, em
On )a--/o.ql ' before me, -k/s+f, ;Uok{y PublJL ,
personally appeared TaCob 0fWw
mersonally known to me -OR - 0 proved to me on the basis of satisfactory evidence to be the person@)
whose name@) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
or the entity upon behalf of which the person(s) acted,
his/her/their signature@) on the instrument the person@),
executed the instrument.
WITNESS my hand and official seal.
Date Name and Tifle of On?& (e.$ 'Jane Doe. Notary Public")
Name(*) (11 signer@)
OPTIONAL
Though lhe informalion below is no1 required by law, it may prove valuable lo persons relying on the documenf and could prevent
fraudulent removal and reanachmenl of this form lo anolher document
Description of Attached Document
Title or Type of Document:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual
0 Corporate Officer
Title@):
13 Partner - 0 Limited 0 General
0 Attornev-in-Fact
0 Trustek
0 Guardian or Conselvator
0 Other:
Signer Is Representing:
I I
Signer's Name:
Individual
3 Corporate Officer
Title@):
3 Partner - 0 Limited 0 General
7 Attornev-in-Fact
7 Trustee-
3 Guardian or Conselvator
3 Other:
I I
Signer Is Representing: II I I