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Home My WebLink AboutMS 03-06; LBA Industrial Fund Holding Co II; 2006-0216537; EasementDGC# 2006-0216537 W OCOA RECORDING REQUESTED BY: f'lTXzl l^rvf "TTTV,WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT MAR 29, 2006 11:13 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,! SMITH, COUNTY RECORDER FEES: 0.00 00 NA PAGES. 5 8683 2006-0216537 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 Carlsbad, and Assessor's Parcel No.: Project No. & Name: LBA Industrial 209-081-15-00 MS 03-06 PR 05-20 Waterline Easement GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LBA Industrial Fund Holding Co. II, Inc., a Delaware corporation, as fee owner, and Innsbruck Holdings, L.P., a California limited partnership, as tenant-in-common hereby GRANT to Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for WATERLINE PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of two (2) pages is attached for clarity only. DATED STATE OF CALIFORNIA COUNTY OF BAN DIEQO On before me, LBA Industrial Fund Holding Co. II, Inc A Delaware corporation By: Name:Steven .ayton (here insert name and title of'the officer),^ personally appeared S-Vcye/X (<~ * (Type or Print) Vice President personally known to me (of-proved to me on the bsi»e£ satisfactory evidence) to be the person(s) whose name(s) is/mr nnhnr;rihcd.to the within instrument and acknowledged to me that he/she/they executed the same in his/rrerfthelr authorized capacity^i**), and that by his/riei/thefF signature(af on the instrument the person(s)7 or the entity upon behalf of which the person(s) acted, executed tlrrinntnimBnti WITNESS my hand and official seal. Signature: Title: (Type or Print) Innsbruck Holdings, L.P., a California limited partnership By:See attached signature page (Signature) (Type or Print) (Type or Print) H:\Development Services\PROJECTS\MS FILES\MS 03\MS 03-06 Ashworth Inc. - Maashoff\Deeds-Easements\GRANT DEED OF EASEMENT-CMWD (6-2-00).doc 6/2/00 8684 October 27, 2005 JOB NO.: 031054 EXHIBIT *A' LEGAL DESCRIPTION CARLSBAD MUNICIPAL WATER DISTRICT WATERLINE EASEMENT PR 05-20 THAT PORTION OF LOT 15 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE INTERSECTION OF EL FUERTE STREET AND LOKER AVENUE WEST AS SHOWN ON SAID TRACT 74-21, THENCE ALONG THE CENTERLINE OF LOKER AVENUE WEST NORTH 86°27'08" WEST A DISTANCE OF 349.84 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 03°32'52" WEST A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING ALSO BEING THE SOUTHERLY RIGHT OF WAY OF LOKER AVENUE WEST AND THE NORTHERLY LOT LINE OF PARCEL 15; THENCE LEAVING SAID RIGHT OF WAY AND NORTHERLY LOT LINE SOUTH 03°32'52" WEST A DISTANCE OF 84.66 FEET; THENCE SOUTH 15°09'02" WEST A DISTANCE OF 190.27 FEET; THENCE SOUTH 29°50'58" EAST A DISTANCE OF 78.29 FEET TO A POINT OF TERMINUS. CONTAINING 7064 SF 0.16 ACRES MORE OR LESS Patrick N. O'Day /RCE 27214 lof 1 G:\Accts\031054\ExhibitB 10-27-05.DOC LEGEND: EXHIBIT "B PROPERTY BOUNDARY PER US 03-06 PARCEL UNE PER MS 03-06 CMW EASEMENT CENTERUNE PROPOSED 20' CUW EASEMENT DEDICATED HERON EXISTING VARYING WIDTH CMW EASEMENT PER HLE NO. 91-0253587 8685 LBA INDUSTRIAL PROPERTY MS 03-06 CITY OF OCEANSIDE HIGHWAY.^9 CITY OFSAN MARCOS PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP HOSCME BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM - 1983, ZONE VI. 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID BEARINGS BETWEEN STATION 72 AND STATION 78 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY No. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER OF FEBRUARY 8, 2002. /ft N88'33'22"W (MEASURED BEARING) CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 10-27-05 DATE 10-27-05 PATRICK N. OTJAYRCE 27214 I EXPIRES 03/31/07 CARLSBAD MUNICIPAL WATER DISTRICT WATERUNE EASEMENT IN LOT 15, MAP No. 10372, MS 03-06 SHEET 1 OF 2 PR 05-20 APN NO. 209-081-15 G:\031054\0354z05.dwg Jan 18, 2006 3:38pm Xrefs: EXHIBIT "B LOT 14 MAP ^ 10372 TRUE POINT OF OF BEGINNING EXISTING LANDSCAPE EASEMENT-30-9191-0253587X. / ///' // /-. FILE/85-378668 I >* No, 10372Lor 16 f PARCEL B Z79 ACRES PER PER US 03-06 Lor 23 MAP No, 10372 ARM 208-083-16 DATA TABLE N/ 2 7 BEARING S 03'32'52" W S 15W02" W c favn'Ka" c RADIUS LENGTH 84.66' 190.27' 7a ?o' 40 SCALE: 1"=80' CONSULT S 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 10-27-05 DATE 10-27-05 PATRICK N. (TOAY RCE 27214 03/31/07 CARLSBAD MUNICIPAL WATER DISTRICT WATERUNE EASEMENT IN LOT 15, MAP No. 10372, MS 03-06 SHEET 2 OF 2 PR 05-20 APN NO. 209-081-15 G:\031054\0354z05.dwg Jan 19, 2006 10:48am Xrefs: 8687 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated January 5. 2006. from LBA Industrial Fund Holding Co. II. Inc.. as owner, and Innsbruck Holdings. L.P.. as tenant-in-common. to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 24. 2006 SHEILA R. COBIAN, Deputy Secretary IOP RECORDING REQUESTED BY WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].)8688 DGC# 2006-0216538 MAR 29, 2006 11:13 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H. CO U N TY R E CO R D E R FEES: 0.00 PAGES. 10 2006-0216538 SPACE ABOVE THIS LINE FOR RECORDER'S USE 209-081-15-00ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: LBA Industrial MS 03-06 PR 05-20 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN/THE EASEMENT(S) IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT is made thisis J>^ day of . 20 OS~ by LBA Industrial Fund-Holding Co. II, Inc., a Delaware Corporation, 50% owner of the land hereinafter described on Exhibit "A" (the Property) and hereinafter referred to as "Owner," and The Prudential Insurance Company of America, present owner and holder of the Deed of Trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Owner did execute a Deed of Trust, dated September 23, 2004 to Fidelity National Title Company as trustee, to secure a note in the sum of (not set out) dated September 23, 2004 in favor of Beneficiary recorded in the Office of the County Recorder of San Diego County on September 24, 2004 as File No. 2004-0907521 of Official Records of said county the H:/Oevelopment Services/Masters/Forms/Subordination Agt Trust Deed Holders CMWO Rev. 5/31/00 8689 Deed of Trust; and WHEREAS, Owner has executed the Deed of Trust, or is about to execute, as grantor, a grant of EASEMENT with respect to the Property dated H3AhJ. f3 , 2^0(4? .in favor of the Carlsbad Municipal Water District as grantee, herein referred to as "Easement Grantee", creating AN EASEMENT more particularly described in EXHIBIT "B" attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided the grant of EASEMENT is a charge upon Property prior and superior to the lien or charge of the Deed of Trust and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust to the lien or charge of the EASEMENT created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT shall, when recorded, constitute a charge upon the Property which is unconditionally prior and superior to the lien or charge of the Deed of Trust. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the Property, prior and superior to the lien or charge of the Deed of Trust. 2. That Easement Grantee would not accept said EASEMENT 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 to the EASEMENT in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would 2 Hi/Development Services/Mastere/Forms/Subordination Agt Trust Deed Holders CMWO Rev. 5/31/00 8690 affect the priority between the Deed of Trust and EASEMENT hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust, 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. l/(We) consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. l/(We) intentionally and unconditionally subordinate the lien or charge of the Deed of Trust to the EASEMENT in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENT is being executed and delivered, the EASEMENT IS 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. 3 H:/D«velopment Services/Masters/Forms/Subordination Agi Trust Deed Holders CMWD Rev. 5/31/00 8691 3. This Agreement represents an endorsement to the note secured by the Deed of Trust and that said Deed of Trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. BENEFICIARY: The Prudential Insurance Company of America OWNER: LBA Industrial Fund-Holding Co. II, Inc., a Delaware corporation By: here) / STEVEN R.LAVTON AUTHORfZEDXGNATORY (print nangfcdafllPfrice President (print name here) (title and^rganization of signatory) By: (sign here) (print name here) ftt± / .^/-r C H v» (title and org /-r C H v» oranization of sisignatory) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing 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. 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 Deputy General counsel H:/Development Services/Masters/Forms/Subordination Agt Trust Deed Holders CMWD Rev. 5/31/00 8692 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 15 of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof no. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982. Excepting therefrom all minerals, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry as reserved by Kaiser Development Company, a California corporation in Deed recorded January 15, 1988 as instrument no. 88-021669 of Official Records. APN: 209-081-15-00 October 27, 2005 JOB NO.: 031054 6693EXHIBIT 'B' LEGAL DESCRIPTION CARLSBAD MUNICIPAL WATER DISTRICT WATERLINE EASEMENT PR 05-20 THAT PORTION OF LOT 15 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE INTERSECTION OF EL FUERTE STREET AND LOKER AVENUE WEST AS SHOWN ON SAID TRACT 74-21, THENCE ALONG THE CENTERLINE OF LOKER AVENUE WEST NORTH 86°27'08" WEST A DISTANCE OF 349.84 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 03°32'52" WEST A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING ALSO BEING THE SOUTHERLY RIGHT OF WAY OF LOKER AVENUE WEST AND THE NORTHERLY LOT LINE OF PARCEL 15; THENCE LEAVING SAID RIGHT OF WAY AND NORTHERLY LOT LINE SOUTH 03°32'52" WEST A DISTANCE OF 84.66 FEET; THENCE SOUTH 15°09'02" WEST A DISTANCE OF 190.27 FEET; THENCE SOUTH 29°50'58" EAST A DISTANCE OF 78.29 FEET TO A POINT OF TERMINUS. CONTAINING 7064 SF Patrick N. Or\DAy 0.16 ACRES MORE OR LESS RCE 27214 ofl G:lAccts\03 l054\F\hihitB 10-27-05.DOC LEGEND: PROPERTY BOUNDARY PER US 03-06 PARCEL UNE PER MS 03-06 CMW EASEMENT CENTERUHE PROPOSED 20' CMW EASEMENT DEDICATED HERON EXISTING VARYING WIDTH CMW EASEMENT PER HLE NO. 91-0253587 EXHIBIT "C 8694 LBA INDUSTRIAL PROPERTY MS 03-06 CITY OF OCEANSIOE CITY OF SAN MARCOS CITY OF ENCINITAS VICINITY MAP Mosaue BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM - 1983, ZONE VI, 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID BEARINGS BETWEEN STATION 72 AND STATION 78 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY No. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER OF FEBRUARY 8, 2002. /.& N88'33'22'W (MEASURED BEARING) o&tt*? ~ " " "" "' ^r '. '. i \! '--i i i : i A' F\!•3 U L i i-S N PATRICK N./)'DAY / 7214 EXPIRESW/31/07 DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 10-27-05 DATE 10-27-05 CARLSBAD MUNICIPAL WATER DISTRICT WAT£RUN£ CASEMENT IN LOT 15, MAP No. 10372, MS 03-06 SHEET 1 OF 2 PR 05-20 APN NO. 209-081-15 "EXHIBIT C 8695 LOT 14 MAP ^ 10372 TRUE POINT OF OF BEGINNING SOJ'J2'52"WJS.OO* Lor is I! UE WEST" 349.84'POINT OF BEGINNING 1 __ __ __ V EXISTING LANDSCAPE^ EASEMENT r1-"™™ PARCEL A 2.10 ACRES PER MS 03-06 FILEf 85-378668 \ No, 10372 ' LOT 23 MAP No. 10372 PARCEL B 2.79 ACRES PER PER US OJ-06 ARM 208-083-18 DATA TABLE fic\ i 2 3 BEARING S 03'32'52* W S 15W02" W 529-50'58'E RADIUS LENGTH 84.66' 190.271 78.29' W SCALE: T=80' DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 10-27-05 DATE 10-27-05 PATRIWN. O'DAY 27214 EXPIRES 03/31/07 CARLSBAD MUNICIPAL WATER DISTRICT WATERUNE EASEMENT IN LOT 15, MAP No. 10372, MS 03-06 SHEET 2 OF 2 PR 05-20 APN NO. 209-081-15 State of GaWomlsr County of San Diegtt 8696 On (Date) personally appeared before me, (Name, Title of Officer) i-gx %re£>\Si&& aur^L (Name[s] of Signer[s]) ^^lersonally known to me -OR • (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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal KRISTENA HENDERSON '} MY COMMISSION EXPIRES JUNE 19, 2006 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 HJDevelopment Services/Masters/Forms,Subordination Agt Trust Deed Holders CMWD Rev. 5/31/00 '0 8697 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ( ss. on r Date personally appeared _ Name(s) of Signer(s) CHERYL LPLOSKER CommJ 1488049 j NOTARY PUBLIC-CALIFORNIAOrange CounhrMy Comm. Expires MAY 6.2008 —OJSersonally known to me J3-piu\mil lu niu un Ihe-teasis-e^ aatiofactery evidence to be the person(s)-whose name(8^ is/ace- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h is/he r/the4f authorized capacity(ies), and that by his/her/theif signature(8) on the instrument the person(s), or the entity upon behalf of which the person(e}r acted, executed the instrument. WITNESS my hand arid-official: <of Notary Public 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s):. D Partner — D Limited D Qefferal D Attorney-in-Fact D Trustee D Guardian or J2dnservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Sigrter Is Representing:_ National Notary Association • 9350 DeSotoAve.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827