HomeMy WebLinkAboutPD 258; LEISURE TECHNOLOGY CORP.; 88-426259; Easement! '1
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""<" % __ ,".. - ..... ". ... "*e. ... RECORDING REQUESTED BY:
AFTEIZ XECORDING RETURN TO:
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CITY OF CARLSBAD CITY CLERK
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1200 ELM AVENUE
CARLSBAD, CA. 92008
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GRANT OF EASEMENT
PD - 258
A.P.# 223-060-40
FOR
STORM DRAIN FACILITIES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the undersigned, LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California
Corporation, does hereby Grant to CITY OF CARLSBAD , a municipal Corporation, its successors or assigns, a perpetual easement for, and
the right to construct, reconstruct,repair replace operate, maintain,
and use Storm Drain Facilities and appurtenances and appurtenant work
in, on, under and across that certain real property situate in the
City of Carlsbad, County of San Diego, State of California, and more
particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof, for legal
description.
together with the right to enter upon, and to pass and repass, over,
along, and beside said easement and to deposit tools, implements and
other materials thereon whenever and wherever necessary for the purpo:
above set forth.
WITNESS,. .... qL!<. ............. .hand.. ........ .this .l.y.dayof .c?UW2.19.8.8.
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LEISURE TECHNOLOGY CORP OF This document is being recorded by OCEANSIDE First American Title Insurance CO. as
an accommodation only. It has not been examined as to execution or BY : impact on title.
BY :
STATE OF CALIFORNIA
COUNTY OF
On ............... 19..-before me the undersigned, a Notary PUlalic in
and for said County and State, personally appeared .................
known to me to be the .............. President, and..'.:.'.. ...........
known to me to be the .............. Secretary of the COrpOrZtiOn that executed 'the within Instrument, and known to me to be the :?ersollS who
executed the within Instrument on behalf of the COrPorat! .?rein
named, and acknowledged to me that such corporation exec1 5.e with
instrument pursuant to its Bylaws or a Resolution Of its of
Directors.
WITNESS my hand and off' .l seal.
7
.Notary Public, as aforsaid
) STATE OF CALIFORNlA }ss. COUNTY OF San DJecro 1
a, - c On June 17, 1988
:
55
F , before me, the undersigned, a Notary Public in and for
$ said State, personally appeared Joseph A. Gallaqher and 0 ._ L - Valerie A. Williams , personally known to me (or proved to me on the
Q, $ basis of satisfactory evidence) to be the persons who executed the within instrument as
2g President and Secretary,on behalf of Leisure
I E: Technology +********C****************~**~**+*** Corp. of Oceanside -, .- g g the corporation therein named, and acknowledged to me that * * OFFICIAL SEAL * *
IC 4
o a suchcorporationexecutedthewithininstrumentpursuanttoits * SHERRY A. SPINA 2 *
1 $. by-laws or a resolution of its board of directors. NOTARY BOND FILED IN 5
SAN DIEGO COUNTY g $ My Commission Expires November 2, 1990 3 ****o***************+q*********+****
95
05 * NOTARY PUBLIC-CALIFORNIA t * * * 1.
(This area for official notarial seal)
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I-AVLCO PRESS I# .c. t I J
RIC~ENGINEERING COMPANY I e ING lVlL CONSULTANTS ENGINEERS .IP 3088 PIO PICO DR. 0 SUITE 202 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 0 729-4987
I
iSJO8 NO.
1 11-8-85 ' CHK'D. PROPOSED DRAINAGE EASEPIENT 7928-R
SHEE DATE . LEGAL DESCRIPTION FOR: : r, BY J LP;
An easement being a portion of Parcel 1 as shown on Parcel Map
No. 13524, on file in-the Office of the County Recorder, in the
County of San Diego, State of California, more particularly de-
scribed as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on each
side, measured at right angles and parallel with the followi'ng
described centerline:
Commencing at the Northwest corner of said Parcel Map; thence
along the Northerly boundary of said Parcel Map South 63"38'35"
East 47.03 feet to a point on a non-tangen.t 1437.00 foot radius
curve concave Southeasterly, a radial line to said point-bears
North 63°40'16" West, said point also being owthe Easterly right-
of-way of Rancho Santa Fe Road as shown on said Parcel Map;
thence leaving said Northerly boundary along said Easterly. right-
of-way along the arc of said curve through a central angle of
1°52'06" a distance of 46.86 feet to the TRUE POINT OF BEGINNING;
thence leaving said Easterly right-of-way South 35O48'41" East
75.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened
to begin on said 1437.00 foot radius curve and pass through the
TRUE POINT OF BEGINNING and to terminate at right angles through
the POINT OF TERMINATION.
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L COMPANY DESCRIPTION
TITLE CO.
REFERENCE DATE ORDERNO.
REVISIONS
BY DATE
EXHIBIT A-1
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PARCEL I
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mL? . . . . . . . . RADIAL B€ARlN6
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=!s4# VICINITY MAP
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RICK ENGINEERING COM PLANNERS-CIVIL ENGINEERS-LAND SUI I PLAT TO fLLUSTKAT€
DRA/NAGf €A5€M€W
5620 FRIARS ROAD SAM DIEGO, CA- 9:
SAN DIEG0-(714) 291-0707 3088 PI0 PIC0 DRIVE,SUITE 202,CARl
CA.92008 CARLSBAD-(714) 729-498' 36s So. RANCHO SANTA FE ROAD,SAN L CA.92009
# SCALE: /I& 30'1 DATE : /.-a-q pRoJ.
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CERTIFICATION FOR ACCEPTANCE OF DEED -~~ ~
This is to certify that the interest in real property
conveyed by the deed or grant dated June 17, 1988
from Leisure Technology Corp. of Oceanside
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-306 , adopted
on August 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 24, 1988 I
By: (g c111 L
ALETHA L. 'RAUTENKRANZi Cdty Clerk
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....~. ,: -. -, >,-.- 4- ... CITY OF CARLSBAD ... 3 t. .- I ..... 3 ci -. ;;. . ~-. . :. ' - - I ,:.2 = .. . ," . j -. . . .,
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I WHEN RECORDED MAIL TO:
CI'I'Y OF CAjLSBAI3 CITY CLERK
1200 Elr.1 Avenue
Carlsbad, CA 92008
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Space Above This Line For Recorder'
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SUBORDINATION AGREEMENT".:,,..-, . "
<.> 1
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN TIiE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACIIES AND HAS TIiE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 17th day of June la
by LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporation
owner of the land hereinafter described and hereinafter referred t
. 3s "Owner," and P~K. VIEW WEST, A Jojnt Venture Comprised of
CHRISTOPHER HOMES DEVELOPMENT, A.Calitornia General Partnersnlp, ana I
EQUITY PARTNERS, a California Corporation present owner and hold
of the deed of trust and note hereinafter described and hereinafte
referred to as "Beneficiary";
_.
WITNESSETH
THAT WHEREAS , Owner
did execute a deed of trust,
April 8,19 88 I to First American Title
Insurance Company, a California Corpyr%$iwustee, covering
Parcel 1 of Parcel Map 13524, in the City
of Carlsbad, County of San Diego, State of
California, filed in the office of the County
Recorder of SAn Diego County, October 25, 1984, as File No. 84-403293 of Official Records.
to secure a note in the sum of $ 223,000.00 , dated
April 8, 1988 , in favor of PARK VIEW WEST, A Joint Ventu. wgi- ~~c~~~~s~~~~;~~ Ap 1 I ~~~~~~~~TiE~~~~~~~~~iC,aE6f~~~~~i~Bn~~~16~~~~: , in 00
Official Records of said county: and
Page
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WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of easement dated 2me 17, 1988
This document is being recorded by
First American Ti.ttfe Insurance co. as
an accommodation only It has not St=m examined as to exwrition or
impact on title.
6 * 9. : G I y7p .. ,
a. . .. 1 . e.- 2
" ' 0 0 2183 e
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-. in favor of THE CITY OF CARLSBAD
I
as grantee herein referred to as "Easement Grantee," creating an
easement more particularly described in Exhibit "A" attached hert
and
WHEREAS, it is a condition precedent to obtaining said
easement that said grant of easement above mentioned shall uncon-
ditionally be and remain at all times a charge upon the land her€
'before described, prior and superior to the lien or charge of thc
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said ea:
ment provided the grant of easement is a charge upon the above
described property prior and superior to the lien or charge of tf
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 created in favor of Easement Grantee: and
WHEREAS, it is to the mutual benefit of the parties hex
that Easement Grantee accept said easement and Beneficiary is
willing that the grant of easement shall, when recorded, constitt
a charge upon said land which is unconditionally prior and superi
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,
receipt and sufficiency of which consideration is hereby acknowlc
and in order to induce Easement Grantee to accept said easement E
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 therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned. I
-2-
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I" - * '.9 e ,I .. '* - .: 0 2184
c
_- (2) That Easement Grantee would not accept said easement
above described without this subordination agreement.
.. a '
(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 easement 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 easement
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
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easement in favor of Easement Grantee
above referred to and understands that in reliancl
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created: and that specific
monetary and other obligations are being
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.a . \ .,* .. , > $ ,:".* a. *- e 0 2185 I.
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-. 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
this waiver, relinquishment and subordina- .
tion; and
(c) An indorsement has been placed upon 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 ease-
ment in favor of Easement Grantee above referred
to.
i
PARK VIEW WEST A JOINT
VENTURE
LEISURE TECHNOLOGY CORP. OF
OCEANSIDE, A California Corpol
CHRISTOPHER HOMES*DEVELOPMENT
A,.Cali$ornAa General._Partnership
8 BY:
T BE ACKNOWLEDGED) n z 1 BY: <\ kGE \i LLL ( )\' <Qk(,fl
Vale'de A. Williams, - SeYretary
% BY: PACIFIC EQUITY PARTNERS A
California Corporation.
Joint-Venturer * $7 .bPL. fid7
BY: 8' c ,
j&S,& % .e" Ei-6 4 Z &,\& -9 dl; &i, &LC ..
Beneficiary
-. . ('
BY: ,
IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINA'I
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT
THERETO. I
& -4-
FA Form 1 (Existing Deed of Trust to New Easement)
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C "4 L a, -E :e Fg iiE -0
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25 om
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, before me, the undersigned, a Notary Public in and for
said State, personally appeared Marquis L. Cummings and
, personally known to me (or proved to me on the
jss. 0 2 186
basis of satisfactory evidence) to bs the persons who executed the within instrument as
Vicepresident and Secretary, on behalf of Christopher Homes Inc.
the corporation therein named, and acknowledged to me that
suchcorporationexecutedthewithin instrument pursuantto its tlNDA A. CHANDLER
by-laws or a resolution of its board of directors. WOTARV PUBUCCMlHWtNU PrHrnPAL ORICL I# w DIEGO OOUMY
(This area for official notarial seal)
U'
"~ ~ ~ - ~~~ ~~~-~~_" ~ ~~
1
JSS. STATE OF CALIFORNIA
COUNTY OF an n1qn 1 u
= ? said State, personally appeared Joseph A- Gallasher and
On June 17, 1988 , before me, the undersigned, a Notary Public in and for
E. - u - Valerie A. Williams , personally known to me (or proved to me on the
LE President and Secretary, on behalf of Leisure F8 Technology Corp. of Oceanside 0 ;E 3 ******e****************************+
6 2 the corporation therein named, and acknowledged to me that t OFFICiAAL SEAL $
Pz. 0 LD such corporation executed thewithin instrument pursuanttoits z SHERRY A. SPINA : L5
i $ basis of satisfactory evidence) to be the persons who executed the within instrument as Zrn LQ
*
*
by-laws or a resolution of its board of directors. * NOTARY PdBLLC-CALtFORNIA $
... * NOTARY BOND FILED IN g * SAN DlEGO COUNTY * * :: My Commission Expires November 2, 1990 g
*******+***********+************e***
(This area for official notarial seal)
2
~-~ ~~- ~ I " .
. v STATE OF CALIFORNIA )
COUNTY OF SA.N DIEGO)
On July 5 , 1988 , before me, the undersigned, a Notary Public in and for said
County and State, personally appeared D. R. McArthur , known to me
to be the - - President, and Patricia R. Hirai , known to me to
be the - - Secretary of . PACIFIC EQUITY PARTNERS . . , the corporation
that executed the within instrument and known to me to be the persons who executed
the within instrument on behalf of said corporation and acknowledged to me that such
corporation executed the within instrument pursuant to its By-laws or a Resolution of
its Board of Directors; said corporation being known to me to be a joint venturer of
PARK VIEW WEST , a joint venture, the joint venture that
executed the within instrument, and acknowledged to me that such corporation executed
the same individually and as such joint venturer and that such joint venture executed the
same.
ss.
-
-
WITNESS my hand and official seal.
t. f,-Y f ;,, "V
. ;j' ,d
I "A!, Y f "$-$'4 /LJf,b&7,, c ,, [& ' &.<& l,/,d??j n $j%) x
Notary Public in and for sa@ County and State.
CATHERME B. BARNETT
MY Commission up. May tk 1990
NOTARY PUBLIC-CALIFORNIA SAW OIEGO COUNTY
.CORM,46c DAWCO PRESS
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1-
*' . 2 RIC~NGINEERINGXOMPANY I ;a VIL G CONSULTANTS ENGINEERS
c --! 3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 729-4987
3 JOB NO. LEGAL DESCRIPTION FOR: BY JLF DATE SHEET
7928-R CHK'D. PROPOSED DRAINAGE EASEPIEPJT ~
. 1 0 11-8-85
An easement being a portion of Parcel 1 as shown on Parcel Map
No. 13524, on file in the Office of the County Recorder, in the
County of San Diego, State of California, more particularly de-
scribed as follows:
A strip of land 15.00 feet in width, lying 7.50 ,feet on each
side, measured at right angles and parallel with the following
described centerline:
Commencing at the Northwest corn'er of said Parcel Map; thence
along the Northerly boundary of said Parcel Map South 63O38'35"
East 47.03 feet to a point on a non-tangent 1437.00 foot radius
curve concave Southeasterly, a radial line to said point bears North 63"40'16" West, said point also being on the Easterly right-
of-way of Rancho Santa Fe Road as shown on said Parcel Map;
then,ce leaving said Northerly boundary along said Easterly right-
of-way along the arc of said curve through a central angle of
l"52'06" a distance of 46.86 feet to the TRUE.POINT 0F.BEGINNING; '.
thence leaving said Easterly right-of-way South 35"48'41" East 75.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened
to begin on said 1437.00 foot radius curve and pass through the
TRUE POINT OF BEGINNING and to terminate at right angles through
the POINT OF TERMINATION. 4
\
I
TITLE CO.
REFERENCE DATE BY DATE ORDERNO.
COMPANY ,. , ,. DESCRIPTION REVISIONS
EXHIBIT 2,- 1
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N@ol~02" w MgW) PhA NO, 12586
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PM NO, 13524
PARCEL. 1
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[ 1.. .. . ../ND/GATE5 DATA PIX' PM NO. /25&
A%!........ RAD;/AL B€AK/W
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-La VICINITY MAP
I IRICK PLANNERS-CIVIL ENGINEERING ENGINEERS-LAND COMP SURV
PLAT 7-0 fLLff5TKATE
DRAINAGE €4S€M€W
5620 FRIARS ROAD SAN DIEQO, CA. 921
SAN DIE00-(7 14) 291.-0707 3088 PI0 PIC0 DRIVE,SUITE 202,CARLSI CA.92008 CARLSBAD-(714) 729-4987
368 So. RANCHO SANTA FE ROAD,SAN YAI CA.92069
SCALE: /'% 50'1 DATE : //-8-Bq PROJ. N(
EXHIBIT A-2
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.1 .; * i A!> FECORDING REQUEST~BY:
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CITY OF CARLSBAD E w-=+.-
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088 42626 f
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD CITY CLERK
1200 Elm Avenue
Carlsbad, CA 92008
E.: ?.%*.-, cy "* "i -. ;.;:-; -~ ,-< 3 i-53 3: !,
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Space move This Line For Recorder'
3
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
INSTRUMENT ATTACIIES AND HAS THE POTENTIhL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
REAL PROPERTY TO wIcrI YOUR SECURITY
THIS AGREEMENT, made this 17th day of June 19
by LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporation
owner of the land hereinafter described and hereinafter referred tc
- as "Owner," and CITICORP REAL ESTATE, INC., a Delaware Corporation* y :. ' , ~. tp_" ..
present owner and hold€ * b AS ignment recorded 4-8-88 file/page NO. 88-163797 of The %eed of trust and note hereinafter described and hereinaftex
referred to as "Beneficiary":
-
WITNESSETH
THAT WHEREAS , Owner
did execute a deed of trust,
April 8, 1988
Company, a California Corporation
I toFirst American Title Insul
f as trustee, covering
Parcel 1 of Parcel Map 13524, in the City
of Carlsbad, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County, October 25, 1984,
as File No. 84-403293 of Official Records.
to secure a note in the sum of $ 2,445,486.90 f dated
. April 8, 1988 , in favor of::BCE DEVELOPMENT INC., a Delewax or oratio formerl~ok~~weo~?a, D 6f;dboof;Pany ON C@~PoRAT:o% ??lfAbS0t8 g8EB?:oant=C \udkj%8& Bf7 xE%!?r8 1 8 page 86-163795
Official Recorda of said county: and
, WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of easement dated June 17, 1988
This document is being recorded by
First American Tide Insurance Co. as
~ln accommodation only. It has not
been examined as to execution or impact on titie.
-' 4;.
1. .. ,; ,. . e r 0 2190 0 .I ' e. 'a
:t
,. .in favor of THE CITY OF CARLSBAD
as grantee herein referred to as "Easement Grantee," creating an
easement more particularly described in Exhibit "A" attached here,
and
WHEREAS, it is a condition precedent to obtaining said
easement that said grant of easement above mentioned shall uncon-
ditionally be and remain at all times a charge upon the land herej
'before described, prior and superior to the lien or charge of the
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said easc
ment provided the grant of easement 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 created in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties here
that Easement Grantee accept said easement and Beneficiary is
willing that the grant of easement shall, when recorded, constitut
a charge upon said land which is unconditionally prior and superio
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, t
receipt and sufficiency of which consideration is hereby acknowled
and in order to induce Easement Grantee to accept said easement ab
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 therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned. I
-2-
.. - I. . . - .d. . L
c I' . ,' - a 0 2191 e
:r (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 above
mentioned to the easement 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 easement
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
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easement in favor of Easement Grantee
above referred to and understands that in reliance
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, and that specific
monetary and other obligations are being
I
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c- \.)! - e, _I Io ' \*+. * < , :' .' .. 1 0 2192,
I. _I. .#
*' 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 xeliance upon
this waiver, relinquishment and subordina- .
tion: and
(c) An indorsement has been placed upon 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 ease-
ment in favor of Easement Grantee above referred
to.
CITICORP REAL ESTATE, INC.,
a Delaware Corporation LEISURE TECHNOLOGY CORP. OF
.OCEANSIDE, a California Corporal
P
BY : 1 Beneficiary BY:
i
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
i
*
4 $
/"
8" ! i 'i h . BY: v BY: (3, . (1 ~ Q. 1 ~- I , h ,( i A+> ( QkL/-L/ > -, " - - -
Valerie A. Williams, Secretary
_-
t
r:
*
L
* IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATI
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
-4-
FA Form 1 (Existing Deed of Trust to New Easement)
0 @
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CORPORATE ACKNOWLEDGMENT 0 2193
Stateof Th\iF~~-v\i k On this the "$3- day of Tune 19=, before m
Lse mess ina
the undersignled Notary Public, personally appeared
AL &e&vv\r3h
3 personally known to me -
L pz >e
MATHRYN LEE MESPJA to be the persono() who executed the within instrument as
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
#Dww PW - CALtFORw J; Ce Qce st 49 *+ or on behalf of the corporation there
1120 122
~""_~ ~~~ ~~-~ ~~~~ ~ ~~ ~~
NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave. - P.O. Box 7184 - Canoga Park. CA 91,
~ ~~~~ __ ""_""" ~~ ~ ~~ ____"~ -~~~~ .~ ~~ =2=Y
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U ?
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STATE OF CALIFORNIA
COUNTY OF 1
On
said State, personally appeared
San Dieqo }ss.
June 17, 1988 , before me, the undersigned, a Notary Public in and for Joseph A. Gallagher and
Valerie A. Williams , personally known to me (or proved to me on the
;g basis of satisfactory evidence) to be the persons who executed the within instrument as
5- - c: :E P esident an Secretary, on behalf of Lei Sure ;:
. NOTARY BOND FILED IN i s SAN OIEGC) COUNTY *
'I'echnology dorp. if Oceanside
iy j 5 the corporation therein named, and acknowledged to me that I* OFFICZAL SEAL * * * : 2 such corporation executed thewithin instrument pursuanttoits $ SHERRY A. SPINA X t5 , by-laws or a resolution of its board of directors. * : WITNESS my hand a official seal.
3 ........................................ *
NOTARY f'~~i.lS"ALfFO&'NtA *
2 4
u 3 ? Signature dL& (This area for official notarial Seal)
t My Commission Expires Nodember 2, 1990 3
***************I******~***********
"' I# I_ 8 .TIL .- .
FORM ,'Sa 'E)AWCO PRESS _. RIC~NGINEERING COMPANY I e IVIL NG CONSULTANTS ENGINEERS
' 3088 PI0 PIC0 DR. 0 SUITE 202 CARLSBAD, CA 92008
n TELEPHONE AREA CODE 619 729-4987
.1 SHEET DATE BY LEGAL DESCRIPTION FOR: JOB NO. J LY 7928-R 1 OF 11~8-85 CHK'O. . PROPOSED DRAINAGE EASEMENT
An easement being a portion of Parcel 1 as shown on Parcel Map
No. 13524, on file in the Office of the County Recorder, in the
County of San Diego, State of California, more particularly de-
scribed as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on each
side, measured at right angles and parallel with the following
described centerline:
Commencing at the Northwest"c'd'rner of said Parcel Map; thence along the Northerly boundary of said Parcel Map South 63'38'35"
East 47.03 feet to a point on a non-tangent.1437.00 foot radius curve concave Southeasterly, a radial line to said point bears
North 63"40'16" West, said point also being on the Easterly right-
of-way of Rancho Santa Fe Road, as shown on said Parcel Map; thence leaving said Northerly boundary along said Easterly right- of-way along the arc of said curve through a central angle of l"52'06" a distance of 46.86 feet to the TRUE POINT OF BEGINNING;
thence leaving said Easterly right-of-way South 35'48'41" East
75.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened
to begin on said 1437.00 foot radius curve and pass through the
TRUE POINT OF BEGINNING and to terminate at right angles through .
the POINT OF TERMINATION. .. '
,. . ,
I
COMPANY DESCRIPTION
TITLE CO.
REFERENCE DATE ORDERNO.
REVISIONS
BY DATE
EXHIBIT A-1
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1.
e 0 2195 I)
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d
h
PM NO, 12586 N b/0/9'02" W MD&ALL)
""" -
NW 3~22~~ ~AD~AU] ""-"
. ' kL N350&'4qP w 75.h'
PM NO, 1'3524
,. . .
E6€ND < >.. .... /NDIGA7€S DATA PER PM NO. i3324, UNLE'S OP%ERW/5E N07ED
[ 1.. .. . ../ffD/CATE5 DATA ER PM NO. i25&
ML? . . . . . . . . RAD/AL BEAR16
-!sa, VICINITY MAP
1 b RICK ENGINEERING COMP PLANNERS-CIVIL ENGINEERS-LAND SUR1 I PLAT TO fU ffSTKAT€ I 5620 FRIARS ROAD SAM DIEGO, CA. 92'
SAN.DIEG0-(714) 291-0707 DRAINAGE €AS€M€JT 3088 PI0 Pic0 DRIVE,SUITE 202,CARLS
CA.92008 CARLSBAD-(714) 729-4987
365 So. RANCHO SANTA FE-ROAD,SAN MA CA.92069
J SCALE: /I& 50'1 DATE : /f-8-851 PROJ. N
EXHIBIT A-2
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