HomeMy WebLinkAboutCT 85-24; Diversified Carlsbad 47 & 48 LLC; 1998-0458764; Easement’ . .
f -7 ._ +- iw?20 -4. . .
1’, RECORDING REQUESTED BY
’ * Diversified Carlsbad 47 & 48,
L.L.C.
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
;z- EXEMPT
’ C‘ Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
, .’
128
Juh 2;(5!9 X.348 9: 35 fx”‘li
nFFICIAL RECURDS Si?El DIEE;O CiUHTY RECORDEF:‘S OFFICE:: fjREGURY Jm SMITH? COUNTY ~~I~~~~E~~ FEES: 0.00 UC: #I
Space above this line for Recorder’s use.
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carl&ad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
Assessor’s Parcel No. 212-I 20-28
Project No. & Name 97-276, Lot 48, Carlsbad
Tract 85-24. Carlsbad Research Center Unit 3
CARLSBAD MUNICIPAL WATER DISTRICT
GRANT DEED OF WATER LINE EASEMENT
DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California Limited Liability Company
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 1 O/20/97 Rev.
, _-
. . 129 - .
‘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 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\%
19%
day of J!csL
GRANTOR
DIVERSIFIED CARLSBAD 47 & 48, L.L.C.,
a California Limited Liability Company
. (name of grantor)
(title of signatory)
(sign here)
(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.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
RONALD R. BALL, GENERAL COUNSEL
By:
JANE M LDI, Deputy General Counsel CMWD 97-276
1 O/20/97 Rev.
p9.4 & \5
. I
.’ I
?
,’ l
STATE OF CALIFORNIA 1
COUNTY OF&d &%-O
)ss.
I
DATE
before me, EC// ncfk. A- Nc9++f+ B v /to 6
NAME AND TITLE OF OFFICER
personally appeared NAME(S) 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)
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), 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.)
Title or Type of Document &%d- &ED dF hAXEf2 L//vE &ASErn~h,7
Date of Document +/s. 7x No. of Pages 7
Signer(s) other than named above
CMWD 97-276
06/l 4/95 Rev.
’ . .
_c 1 -a ‘~ . . . * 131
NAME AND TITLE OF OFFICER
personally appeared
NAME(S) OF SIGNER(S)
personally known to me - OR -
is/are subscribed to the within instru
authorized capacity(ies), and tha
which the person(s) acted, exec
is of satisfactory evidence to be the person(s) whose name(s)
ed to me that he/she/they executed the same in his/her/their
s) on the instrument the person(s), or the entity upon behalf of
WITNESS my hand and official seal.
\
(This area for official notary seal.)
SIGNATURE OF NOTARY
Title or Type of Document
Date of Document
Signer(s) other than named above
CMWD 97-276
08/l 4/95 Rev.
132
EXHIBIT “A”
ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGG, STATE OF CALIFORNIA’ ACCORDING
TO MAP THEREOF NO. 118 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON
THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL’BEARING TO SAID
POINT BEARS NORTH 63’ 43’ 33” WEST; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15”01’45”, AN ARC DISTANCE OF
15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS
NORTH 48”41’48” WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY, NORTH 39”06’09” WEST
39.46 FEET; THENCE NORTH 63”43’33” WEST 229.82 FEET; THENCE SOUTH 26’16’27”
WEST32.00FEETTOTHESOUTHWESTERLYPROPERTYLINEOFSAIDLOT48;THENCE
ALONG SAID PROPERTY LINE NORTH 63’43’33” WEST 20.00 FEET; THENCE NORTH
26’16’27” EAST 53.91 FEET; THENCE NORTH 40”05’59” EAST 344.09 FEET; THENCE
N0RTH49”54’01”WEST8.04FEET;THENCEN0RTH40”05’59”EAST20.00FEET;THENCE
S0UTH49”54’01”EAST 10.94FEET;THENCENORTH82”09’56”EAST 157.27FEETTOTHE
EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12” 14’36” WEST 21.29
FEET; THENCE SOUTH 82’09’56” WEST 146.59 FEET; THENCE SOUTH 40’05’59” WEST
314.20 FEET; THENCE SOUTH 49”54’01” EAST 21.91 FEET; THENCE SOUTH 40’05’59”
WEST 20.00 FEET; THENCE NORTH 49’54’01” WEST 21.91 FEET; THENCE SOUTH
40’05’59” WEST 16.04 FEET; THENCE SOUTH 63”43’33” EAST 234.06 FEET; THENCE
SOUTH 39’06’09” EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF
RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29’30’31” WEST,
THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A
,CENTR4L ANGLE OF 19” 11’17” AN ARC DISTANCE OF 20.09 FEET TO THE TRUE POINT
.-:“ OF BEGINNING.
SEE EXHIBIT “B” ATTACHED HERETO.
JORGE H. PALACIOS,’ RCE 3203 1
Nti’loexba
:. ~. . --.--A .
. .
C. % ,l;v.D. 97-276 .::’ !
‘- -. . . _ _ ; *t
MAP NO. 11810
SCALE I -=80’
CURVE TABLE :URVE RADIUS DELTA ARC LENGTH- Cl 60.00 19’ 11’17” 20.09’
WA TERLINE EASEMENT PLA T . . lptv au-/ao-g8
XLE i-=60’ JP ENGlNEEFtING, INC. JOB NO .
4lE: 9-19-97 4849 RONSON COURT, SUITE 105 470-97
SAN DIEGO, CA 92111 WG.+ NO. . ’ !AWN: Al APRVD: JP (619) 569-7377 FAX (619) 569-0830 C.M.W.D. /37-276 - .-
- . r.; .., .- 1 ,* . f
,
134 -
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
April 15 19 96from DIVERSIFIED CARLSBAD 47 & 48. L.L.C.. a California Limited I -
Liabilitv ComDanv 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.
DATED: June 5, 1998
/
AWA L. &#@KRAl#( Secretary
CMWD 97-269 KAREN R. KUNDTZ, Assxtant Secretary
11/03/97 Rev.
RECORDING REQUESTED BY
DIVERSIFIED CARLSBAD 47 & 48, L.L.C.
135. JUL 239 1998 9-35 AM
%+Y DIEUI COUNTY AECORDER'S MFICE OFFICIEY. REliW3
WGaW J. SnITHs WUITY RECORDER FEES: 0.00
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
~ ~ Please record the document at no fee as it is to the
F',
1, i i- benefit of the District (Gov. Code [6103].)
I Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 212-120-28
PROJECT NO. 8 NAME: 97-276. Lot 48. Carlsbad Tract 85-24
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
OF YOUR SECURITY INTEREST.
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this @day of @fl~i , 199, by DIVERSIFIED CARLSBAD 47 & 48,
L.L.C.. a California Limited Liabilitv ComDany, owner of the land described and hereinafter referred to as "Owner,"
and CITY NATIONAL BANK, a National Bankina Association, present owner and holder of the deed of trust
hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, DIVERSIFIED CARLSBAD 47 & 48. L.L.C., a California Limited Liabilitv ComDanv
did execute a deed of trust, dated Auaust 22, 1997 to CHICAGO TITLE COMPANY. a California CorDoration
10/20/97 Rev.
.I 136
as trustee, to secure a note in the sum of Two Million. One Hundred Twentv-Six Thousand Dollare
@2.126.000.00) dated August 22. 1997 in favor of CITY NATIONAL BANK. a National Bankina Association recorded
in the office of the County Recorder of San Diego County on Auaust 29.1997 as File No. 1997420073 of Official Records
of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated
fi(Jf i \ i.5 \qq$, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A" & "6"
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
EASEMENnEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS 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.
i 137
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
Ill
Ill
Ill
Ill
3 1 0120197 Rev.
138
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:
%X. d this z3@” day of /b& I
CITY NATIONAL BANK a National Banking
BENEFICIARY:
DO*/& L ..r D;c/4;4sqfi
(name)
Its: l/l.ce Pres;&*t
(title)
By:
(authorized signature)
(name)
Its:
(title)
this \ c day of k Q. 1L
OWNER:
DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California
By:
(authorized signature)
(name)
Its:
(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
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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. General Counsel
By:
CMWD 97-276
10/20/97 Rev. 4
139
STATE OF CALIFORNIA 1
personally appeared f%,// + f ~C~ANTL
NAME(S) OF SIGNER@)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@ whose name(pl
is/& subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/W/thdr
authorized capacity(ig6). and that by his/h@/th@ signature(pr on the instrument the person(N, or the entity upon behalf of
which the person($ acted, executed the instrument.
WITNESS my hand and official seal
(This area for official notary seal.)
Title or Type of Document Subord,wAaoOn3 AQreemenf
Date of Document #-/x- 9B NO. of Pages 8
Signer@) other than named above
CMWD 97-276
06/14/95 Rev.
.. 140
STATE OF CALIFORNIA 1
personally appeared Dduq(a5 s. 3iCk;flSofl
d NAME@) OF SIGNER(S)
personally known to me -(to be the person$$ whose name4
is/& subscribed to the within instrument and acknowledged to me that he/.$&& executed the same in his/t$&id
authorized capacityd), and that by his/t&fT&d signatureHon the instrument the personw, or the entity upon behalf Of
which the person(placted. executed the instrument.
WITNESS my hand and official seal.
I!” - dAA.4- (This area for official notary seal.)
SIGNATURE OF NOTARY
Title or Type of Document
Date of Document No. of Pages
Sign+) other than named above
06/14/95 Rev.
EXHIBIT ''A''
ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOW ACCORDING
TO MAP THEREOF NO. 11810, FILED M THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID
POINT BEARS NORTH 63 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL. ANGLE OF 15"01'45", AN ARC DISTANCE OF
15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS
NORTH 48"41'48" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING,
39.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE SOUTH 26"16'27"
WEST32.00FEETTOTHESOUTHWESTERLYPROPERTYLINEOFSAIDLOT48;THENCE
ALONG SAID PROPERTY LINE NORTH 63"43'33" WEST 20.00 FEET; THENCE NORTH
26"16'27" EAST 53.91 FEET; THENCE NORTH 40'05'59" EAST 344.09 FEET; THENCE
NORTH49"54'01"WEST8.04FEET;THENCENORTH40"05'59"EAST20.00FEET;THENCE
SOUTH49"54'01"EAST 10.94FEET;THENCENORTH82"09'56"EAST 157.27FEETTOTHE
EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12"1436" WEST 21.29
FEET; THENCE SOUTH 82"09'56" WEST 146.59 FEET; THENCE SOUTH 40"05'59" WEST
314.20 FEET; THENCE SOUTH 49"54'01" EAST 21.91 FEET; THENCE SOUTH 40"05'59"
WEST 20.00 FEET; THENCE NORTH 49"54'01" WEST 21.91 FEET; THENCE SOUTH
40°05'59" WEST 16.04 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE
RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29'30'31" WEST,
THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A
CENTRALANGLEOF19'11'17"ANARCDISTANCEOF20.09FEETTOTHETRUEPOINT
OF BEGINNING.
SEE EXHIBIT "B ATTACHED HERETO.
THE NORTHWESTERLY RIGJ3T-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
THENCE LEAVING SAID CURVE AND SAID RIGH'I"OF-WAY, NORTH 39"06'09" WEST
SOUTH 39"06'09" EAST 43.82 FEET. TO THE NORTHERLY RIGHT-OF-WAY OF
' :a:'
.I
.- ..... . .. . . ..
WA TERLINE EASEMENT PLA T :. ' APnr 2/2-/2og
SCALE: 1.~60' JP ENGINEERING, INC JOB NO. ; !( $
4849 RONMN COURT, SUITE 105 !, DATE: 9-19-97 SAN DIEGO. CA 92111 'I' I \
DRAW. AL APRVD: Jp (619) 569-7377 FAX (619) 569-0850
...
_" . . 143 DOC # 1998-0458766
RECORDING REQUESTED BY
DIVERSIFIED CARLSBAD 47 8 48, L.L.C.
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
I
/ ::
Please record the document at no fee as it is to the
I:
i benefit of the District (Gov. Code [6103].)
I Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 212-120-28
PROJECT NO. & NAME: 97-276. Lot 48. Carlsbad Tract 65-24
Carlsbad Research Center Unit 3
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT ATTACHES 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 &day of &fi I , 19&. by DIVERSIFIED CARLSBAD 47 & 48,
L.L.C.. a California Limited Liabilitv ComDany, owner of the land described and hereinafter referred to as "Owner,"
and CITY NATIONAL BANK, a National Bankina Association, present owner and holder of the deed of trust
hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, DIVERSIFIED CARLSBAD 47 8 48. L.L.C.. a California Limited Liabilitv ComDanv
did execute a deed of trust, dated Auaust 22, 1997 to CHICAGO TITLE COMPANY. a California corDoration
10/20/97 Rev.
. 1. '.
.. 144
' as trustee, to secure a note in the sum of Five Million Seven Hundred Thousand Dollars
~5.700.000.00) dated Auaust 22.1997 in favor of Citv National Bank. a National Bankina Association recorded in the
office of the County Recorder of San Diego County on Auaust 29,1997 as File No. 1977-420074 of Official Records of
said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated
Apv;\ \Ti 1598 in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A & "B
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENnEASEMENTS 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 EASEMENnEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENnEASEMENTS 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.
_. . .
145
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
Ill
Ill
Ill
Ill
Ill
Ill
3 10120197 Rev.
.. .. 146
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:
BENEFICIARY:
Association
By:
authorized signature)
By:
(authorized signature)
(name)
Its:
(title)
OWNER:
DMRSIFIED CARLSBAD 47 8 48. L.L.C., a California
(name)
Its: . UaqQ-
(tihe)
By:
(authorized signature)
(name)
Its:
(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.
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 ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
RONALD R. BALL. General Counsel
By:
CMWD 97-276
10/20/97 Rev. 4
STATE OF CALIFORNIA 1
personally appeared b,// / An? P Ech6.a 7-r
NAME@) OF SIGNER@)
personally known to me - OR - '' proved to me on the basis of satisfactory evidence to be the person(sl whose name(rrf
islad subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislheflttdr
authorized capacity(i4, and that by hislherltheir signature(4 on the instrument the personM, or the entity upon behalf of
which the person@) acted, executed the instrument.
WITNESS my hand and ofticial seal.
(This area for official notary seal.)
Title or Type of Document 50bo~c/, N~~VEJ Ad/gGmEur
Date of Document +/r. 78 NO. of Pages 8
Signer(s) other than named above
CMWD 97-276
06/14/95 Rev.
STATE OF CALIFORNIA 1
COUNTY OF TaI'rbarnik kss. I
personally appeared >OLIQ/C~ J S . &iC&ASoJI u NAME@) OF SIGNER@)
personally known to me ~iheAasistaebasisnt~ to be the person@ose named
isldsubscribed to the within instrument and acknowledged to me that he/sj&Hexecuted the same in his/@t@
authorized capacity($). and that by his/@/&r signaturedon the instrument the personlkf: or the entity upon behalf of
which the person$#$acted, executed the instrument.
WITNESS my hand and official seal.
dud&
SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 97-276
06/14/95 Rev.
- .. .. - 149
EXHIBIT "A"
ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1 18 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL' BEARING TO SAID
POINT BEARS NORTH 63" 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"01'45", AN ARC DISTANCE OF
15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LWE TO SAID POINT BEARS
NORTH 48"41'48" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING;
39.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE SOUTH 26"16'27"
WEST32.00FEETTOTHESOUTHWESTEIUYPROPERTYL~OFSAIDLOT48;THENCE
ALONG SAID PROPERTY LINE NORTH 63"43'33" WEST 20.00 FEET; THENCE NORTH
26"16'27" EAST 53.91 FEET; THENCE NORTH 40"05'59" EAST 344.09 FEET; THENCE
NORTH49"54'01"WEST8.04FEET;THEN~NORTH40"05'59"EAST20.00FEET;THENCE
SOUTH49"54'01"EAST 10.94FEET;THENCENORTH82"09'56"EAST 157.27FEETTOTHE
EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12" 14'36" WEST 21.29
FEET; THENCE SOUTH 82"09'56" WEST 146.59 FEET; THENCE SOUTH 40"05'59" WEST
314.20 FEET; THENCE SOUTH 49'54'01" EAST 21.91 FEET; THENCE SOUTH 40'05'59''
WEST 20.00 FEET; THENCE NORTH 49"54'01" WEST 21.91 FEET; THENCE SOUTH
40"05'59" WEST 16.04 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE
RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29"30'3 1" WEST,
THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A
. .CENTRALANGLEOF19"11'17"ANARCDISTANCEOF20.09FEETTOTHETR~POINT
'." OF BEGINNING.
THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY, NORTH 39'06'09" WEST
SOUTH 39"06'09" EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF
SEE EXHIBIT "B" ATTACHED HERETO. A
JORGE H. PALACIOS,' RCE 3203 1
.. . c. .
C.M.W.D. e.:..,
.~. .. .,
97-276
. .
:>' ..,. - ..... . .. .
150
WA TERLINE EASEMENT PLA T APAl 2/2-/ao=?t =ALE: 1".60' JP ENGINEERING, INC 4849 RONSON COURT, SUITE 105 ' I I,[ 1 f 470-97
RAW: AL APRVD: Jp (619) 569-7377 FAX (619) 569-0830 C.M.W.D. b7-276
JOB NO. /I
)ATE: 9-19-97 SAN OIEGO. CA 92111 &')WG.. NO. . '
,.~
- , -. \. .-
RECORDING REQUESTED BY
DIVERSIFIED CARLSBAD 47 & 48, L.L.C.
151 DOC # 1998-0458767
JUL 23. 1938 9: 35 AM
OFFICIAL MWRDS
d?,: 5950 El Camino Real
Carlsbad, California 92008
, ’ 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.
ASSESSOR’S PARCEL NO. 212-120-28
PROJECT NO. & NAME: 97-276, Lot 48, Carlsbad Tract 85-24
Carlsbad Research Center Unit 3
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
OF YOUR SECURITY INTEREST.
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this &day of , ,948 -9 by DIVERSIFIED CARLSBAD 47 & 48,
L.L.C.. a California Limited Liabilitv ComDany. owner of the land described and hereinafter referred to as ”Owner,”
and CITY NATIONAL BANK, a National banking association, present owner and holder of the deed of trust hereinafter
described, hereinafter referred to as “Beneficiary;”
WITNESSETH
THAT WHEREAS, DIVERSIFIED CARLSBAD 47 & 48. L.L.C.. a California Limited Liabilitv ComDanv
did execute a deed of trust, dated August 22, 1997 to CHICAGO TITLE COMPANY. a California CorDoration
10/20/97 Rev.
. ,
1. ..
', 152
. as trustee, to secure a note in the sum of Continaent Interest Deed of Trust ($Continttent Interest Deed of Trust)
dated Auaust 22. 1997 in favor of CITY NATIONAL BANK. a National Bankina Association recorded in the Office Of the
County Recorder of San Diego County on Auaust 29. 1997 as File No. 1997-420072 of Official Records of said county;
and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated
fi\ 15, \,418, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating ANiTHE EASEMENnEASEMENTS more particularly described in EXHIBIT/EXHIBITS "A & "B
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENTlEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENTlEASEMENTS 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.
. .. i i. 153
.F
' 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
Ill
Ill
Ill
Ill
Ill
Ill
Ill
111
Ill
Ill
Ill
Ill
Ill
3 10120/97 Rev.
154
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:
Exe ed thls Z3rd day of Apr I
19 x.
CITY NATIONAL BANK, a National Banking BENEFICIARY:
v- ,(a-uth&riz~d signature) .
DougI4r s 4,)/'Cki~pq
(name)
Its: Pres t
(title)
By:
(authorized signature)
(name)
Its:
(title)
Executed this \< day of b?e\(
19s.
OWNER: DIKRSIFIED CARLSBAD 47 & 48, L.L.C., a California
By:
(authorized signature)
(name)
Its:
(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 NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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, General Counsel
By:
CMWD 97-276
10/20/97 Rev. 4
. _.
..
155
STATE OF CALIFORNIA 1
COUNTY OF 59,~
lss
personally appeared h, //I U7-n f ECt/*d TL
NAME@) OF SIGNER@)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the persan(s) 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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Title or Type of Document 'OrcfI EI cFT,q T-
Date of Document 4-/r - 9 8 NO. of Pages Y
Signer(s) other than named above
CMWD 97-276
06/14/95 Rev.
156
STATE OF CALIFORNIA 1
personally appeared hu 4IQ.S 2 . 'bi C&Akld
NAME@) OF SIGNER@)
personally known to me vv to be the person( whose name($
islydsubscribed to the within instrument and acknowledged to me that hel@tiy$executed the same in hisfllthpff
authorized capacity(i& and that by hislt&$i&signature($ on the instrument the person& or the entity upon behalf of
which the persond) acted, executed the instrument.
9r
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
06/14/95 Rev.
., . . . .*
\
157
EXHIBIT "A"
ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL4, ACCORDING
TO MAP THEREOF NO. 1 18 10, FEED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGINMNG AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID
POINT BEARS NORTH 63" 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"01'45", AN ARC DISTANCE OF
15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LE% TO SAID POINT BEARS
NORTH 48"41'48" WEST, SAID POINT BEING THE TRUE POINT OF BEGINMNG;
39.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE SOUTH 26"16'27"
WEST32.00FEETTOTHESOUTHWESTERLYPROPERTYLINEOFSAIDLOT48;THENCE
ALONG SAID PROPERTY LINE NORTH 63"43'33" WEST 20.00 FEET; THENCE NORTH
26"16'27" EAST 53.91 FEET; THENCE NORTH 40"05'59" EAST 344.09 FEET; THENCE
NORTH49"54'01"WEST8.04FEET;THENCENORTH40"05'59"EAST20.00FEET;THENCE
SOUTH49"54'01"EAST 10.94FEET;THENCENORTH82'09'56''EAST 157.27FEETTOTHE
EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12"14'36" WEST 21.29
FEET; THENCE SOUTH 82'09'56" WEST 146.59 FEET; THENCE SOUTH 40"05'59" WEST
314.20 FEET; THENCE SOUTH 49"54'01" EAST 21.91 FEET; THENCE SOUTH 40'05'59"
WEST 20.00 FEET; THENCE NORTH 49"54'01" WEST 21.91 FEET; THENCE SOUTH
40"05'59" WEST 16.04 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE
RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29"30'3 1" WEST,
THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A
,CENTRALANGLEOF19"11'17"ANARCDISTANCEOF20.09FEETTOTHETRUEPOINT
THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
THENCE LEAVING SAID CURVE AND SAID RIGm-OF-WAY, .NORTH 39"06'09" WEST
SOUTH 39'06'09" EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF
.-;.' OF BEGIMYING.
SEE EXHIBIT "B" ATTACHED HERETO
JORGE H. PALACIOS,. RCE 3203 1
Ndmaha
.. . !,. . ..
C.h$$':D. .. 97-276
WA TERLINE EASEMENT PLA T “-Ti]
APAJ 2/2-/2og
SCALE: 1’40’ &Jog, NO. w Jp ENGINEERING, INC. .,
DATE: 9-19-97 4849 RONSON COURT, SUIE 105
SAN OIEGO. CA 92111
*.!;j. Lf Qy3 470-97
DRAWN: AL APRVD: JP (619) 569-7377 FAX (619) 569-0830
WG.* NO. , . C.M.WA. bl-276
-,