HomeMy WebLinkAboutPR 2.3.59; |MLHM, INC. & WOODWARD VENTURES, LTD.|WOODWARD VENTURES, LTD. & MLHM, INC.|; 1992-0791106; Easementt RECORDING REQUES ED BY
* ',AND WHEN RECORDED $L TO r*- ~ ;cf p 3 ; ,r 'r """ 'p =? !& >* -L PE=JKCf !J$y$L%&i2 5 $92
r a c;ki der k 1 i ; b-E-GE@- "- l9~22 Cj8 z $6. &pi 7 i3 City of Carlsbad set Addrhss 1200 Carlsbad Village Drive Carlsbad, CA 92008 te I
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MAIL TAX STATEMENTS TO
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED PR 2.3.59
OF EASEMENT APN 221-012-12
e 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MLHM, Inc., A California Corporation and Woodward Ventures, Ltd., a California Limited Partnership
each as to an undivided one-half interest aqtenants in common hereby GRANTS to the City of Carlsbad, a Municipal Corporation 1.
the following described real property in the City of Carlsbad County of San Die&; .S@te of California: a temporary easement for construction and slope purposes as described in Exhibit "A" consisting of one page, attached hereto and made 2 part hereof. . Exhibit "B" consisting-of one page is attached for clarity only. Said easements to extinguish upon written certlfication by the City Engineer, of the City of Carlsbad, that construction of the slopes is completed and accepted or that MLHM, Inc., a California Corporation and Woodward Ventures, Ltd., a California Limited Partnership has established a program of slope maintenance to assure the continued stability of the slopes, whichever occurs last.
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" DATED 3/qyv DATED
MLHM, Inc., a California CorDoration
//-~ Woodward Ventures, Ltd.
By: Woodward Corporation, a General Partner of Woodward Ventures, Ltd., A California u, BY Limited Partnership (Signature)
Name LOUiS c. Ward
- Me4 BY- (Signature)
Name Don E. Woodward
(Type or Print)
Title President (Type or Print) (Type or Print)
Title President
BY (Signature)
Name BY . WM
(Type or Print)
Name Lucille N. Woodward Title (Typ or $%fit) (Type or Print)
Title Secretary (Type or Print)
ET-h.5 c?F C*LFS???!I,L\_
acted, executed the instrument.
WITNESS my hagd and official seal.
/
MAIL THIS STATEMENT AS DIRECTED ABOVE
e a
INERAL ACKNOWLEDGMENT NO. i
State of - PAh-,+u"-i-~ l ss, On this the & day of &A_ 1992, before me, ,.(
County of 1 6%: hAJm Ma /PfA zb/% ff Akoa Jto f7-
the undersigned Notary Public, personally appeared
L8 L/ /.f C - ~YRR j>
,@ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) /5 subscribed to the
within instrument, and acknowledged that h p/ executed it.
WITNESS my hand and official seal.
daJ&d* dw 4 -
(
Notary'ssgnature
ATTENTION NOTARY: Although the mformatlon requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document,
.' we THIS CERTIFICATE
MUST BE ATLACHED Number of Pages A Date of Document c/ z/d/q R
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Title or Type of Document ,&hl& 1
,\ 1 " -a- " ,- s - ." )
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NATIONAL NOTARY ASSOCIATION * 8236 Rernrnet Ave. - P.O. BOX 71%. canoga park, a g1%.71& 19
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v 358 0
03/23/92 (DWA)
200,4:SV 7SL A.P.N. 221-012-12
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION G-F THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP
12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING
SOUTHERLY OF THE CENTERLINE OF ROAD SURVEY NO. 757 KNOWN AS
PALOMAR AIRPORT ROAD, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP
NO. 9112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY AUGUST 5, 1982, SAID CORNER ALSO BEING THE WEST
QUARTER CORNER OF SAID FRACTIONAL SECTION 13: THENCE ALONG
THE WESTERLY LINE OF SAID FRACTIONAL SECTION 13 SOUTH
02"37'0011 EAST, 384.34 FEET (RECORD= NORTH 02"36'401' WEST,
384.39 FEET); THENCE CONTINUING ALONG SAID WESTERLY LINE
SOUTH 02"38'01" EAST (RECORD= NORTH 02"38'001' WEST), 133.24
FEET TO THE BEGINNING OF A NON-TANGENT 2137.00 FOOT RADIUS
CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 04"iLO'OO" EAST SAID POINT BEING A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE 126.00 FOOT WIDE PALOMAR
AIRPORT ROAD AS DEDICATED AND DESCRIBED IN DEED.RECBRDED
MARCH 10, 1986 AS FILE/PAGE NO. 86-092507, AND AILSO BEING THE
TRUE POINT OF BEGINNING: THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01" 42'16" A DISTANCE OF 63.57 FEET: THENCE LEAVING
SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 02 "38'01" EAST, 64.17
FEET; THENCE SOUTH 74"41'1011 WEST, 57.08 FEET: THENCE NORTH
84"01'13" WEST, 7.40 FEET TO A POINT ON THE WESTERLY LINE OF
SAID FRACTIONAL SECTION 13; THENCE ALONG SAID WESTERLY LINE
NORTH 02 " 38 ' 01" WEST, 84.06 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 4756 SQUARE FEET OR 0.109 ACRE. -
THIS LEGAL DESCRIPTION WAS PREPARED BY fi QR UNDER MY DIRECTION. AUdd(&L4i 3-23-925
DALE A. DAVIS, L.S. 5894 DATE LICENSE EXPIRES: 12-31-92
SHEET 1 OF 1 SHEET
i
! *t;
THE LcWT&RLlN€ OF
' SH€ET 1of - BJER5FIIP LINES EXTEND@ 359 .p~~~MAR' " " -
:D SURVEY hd 757
:GAL DESCRIPTION:
'ORTION OF THE S.E .1/4 SECTION 13, T. 12. S, 13.4 d., I. M., CITY OF WRLSBAD
[NTY OF SAN DIEGO, STATE CAL! FOR NIA .
3 OF DEDICATIOK ic S9. FT OR 0=1022ACRE
4,: - 221-012- 12
GEND
- OWNERSHIP BOUNDARY
RECORD INFORMATION
PER QECOKO OF SURVEY E.ro*SfI2 '
STING EASEMENT
JXISTING 126' WIDE
ALOMAR AIRPORT ROAD
EDlCATED TO CIT Y 'OF * ARLSBAD PER DOC. RE%. -10-84 AS F/F! UO.86-092507
P&D Ibchnobghs 401 West "A" Street Suite 2500 sari Dieeo, CA 9ZlOr 619232.4466 DALE A.DAV1S ~.s.58$ LIC. EXf? 12- 31- 92
bed
DEDICATION FOR: 12.26 -90 ked By R 3-
Ref. WOODWARD & MLHM, INC. ' 12-26-m n By c.c . Scale VARIES CITY OF. CARLSBAD --
TEMPORARY 'CONSTWUC ION T Tracing NO.
Dved me cA SmENT (SLOPE,
0 - 360 a.
> L 1 I'
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
MLHM, Incorporated and easement, dated 3 13 / 9 2 ,from Woodward Ventures, Ltd.
to the City of 'Carlsbad, California, a political corporation and/or governmental agency, is
hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad,
California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad,
adopted on March 5,1991, and the grantee consents to the recordation thereof by it's duly
authorized officer.
DATED: December 1, 1992
xp Q-
ALETHA L. RAUTENKRANZ, city CIA
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RECORDING REQt STED BY AND 1
WEN RECORDED MAIL TO:
CITJ OF CARLSBAD
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.&: *.>>-!Jy i ;;Ei5:: $;;.;+::rK 3 ;;:?!: i sill' +.: i: "T" ~ i r -1. :j,:;$!:;:; . i 7:;: ;;iTV ;:;y7;;:ric2
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1200 Carlsbad Village Drive 'I ".
Carlsbad, CA 92008
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Space abode',this line for Recorder's use.
> SUBORDINATION AGREEMENT
221-012-12 - CARRILLO RANCHO PARTNERSHIP
AGREEMENTS\AG-24.FRn -1- REV 10/8/91 ?R 2.3.57
,
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WHEREAS, a wner has executed, or i 9 about 362 to execute, as
I
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0 0 -< 363
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
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 waiver,
relinquishment and subordination; and
3. This Agreement represents an endorsement to the
AGREEWENTSUG-24.FRH -3- REV 10/8/91
:NE-RAF, ACKNOWLEDGMENI - 364 NO. 2
~~~~~~~~~~~~~~~
On this the 2&!d!day of 19/%efore me, 0: ~
}ss. e& le e f~ .%o~fl,e hb;d,~k/~ ~ ,
the undersigned Notary Public, personally appeared
L, u L-5 (! ~ L[.J$ &&
@ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) /s subscribed to the LGS W::.2E;Ej iw FXY within instrument, and acknowledged that A executed it.
hand and official seal.
~
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
" x- G+?-Q+" THIS CERTIFICATE
MUST BE ATACHED Number of Pages & Date of Document &. 6., PwL.
TO THE DOCUMENT
Title or Type of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
warn-++ ~ " . . L.dzz?z""
019 NATIONAL NOTARY ASSOCIATION - 82% Remmet Ave. - P.0. Box 7184. Canoga Park, a 91304.7
STATE OF CALIFORNIA
COUNTY OF
- - - "" -.----
ATlCOR COMPANY
known to me to be the
known to me to b
of the corporati
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
€CO
(This area for official notarial seal) URANCE
g STATE OF CALIFORNIA
v) COUNTYOF sm DIEGO ] ss.
On this the 1 lth day of March 19-, 92 before me, the undersigned, a Notary Public in and for
said State, personally appeared BYRON F - WHITE and 1% R- ROB1NSON
-, personally known to me aKp&X- wam-mfa-ce to be the person 5 who
executed the within instrument as two
of partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my had and official seal.
2 n m Signature +2Ju.F >* kdg LL47 &g-
3 i
FOR NOTARY SEAL OR STAMP
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note secured the deed of trust above ntioned and that said
deed of trust has by this instrument been subordinated to the * 0
signatory)*-
(Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one 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.)
APPROVED AS TO FORM: RONALD BALL
G). '64
' Deputy City AMorney
AGREEHEITSUG-24.FRM -4- REV 10/8/91
I m e 356
i F
03/23/92 (DWA)
200,4;SV 7SL A.P.N. 221-012-12
EXHIBIT "Agm
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP
12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING
SOUTHERLY OF THE CENTERLINE OF ROAD SURVEY NO. 757 KNOWN AS
PALOMAR AIRPORT ROAD, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO. 9112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 5, 1982, SAID CORNER ALSO BEING THE WEST QUARTER CORNER OF SAID FRACTIONAL SECTION 13; THENCE ALONG
THE WESTERLY LINE OF SAID FRACTIONAL SECTION 13 SOUTH
02"37'0011 EAST, 384.34 FEET (RECORD= NORTH 02°36'401t WEST,
384.39 FEET); THENCE CONTINUING ALONG SAID WESTERLY LINE
SOUTH 02"38'011t EAST (RECORD= NORTH 02"38'00" WEST), 133.24
FEET TO THE BEGINNING OF A NON-TANGENT 2137.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH' 04"10'001' EAST SAID POINT BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE 126.00 FOOT WIDE PALOMAR AIRPORT ROAD AS DEDICATED AND DESCRIBED IN DEED RECORDED MARCH 10, 1986 AS FILE/PAGE NO. 86-092507, AND ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01"42'16t1 A DISTANCE OF 63.57 FEET; THENCE LEAVING
SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 02"38'01'' EAST, 64.17
FEET; THENCE SOUTH 74"41'10t1 WEST, 57.08 FEET; THENCE NORTH
84" 01'131' WEST, 7.40 FEET TO A POINT ON THE WESTERLY LINE OF
SAID FRACTIONAL SECTION 13; THENCE ALONG SAID WESTERLY LINE
NORTH 02"38'01" WEST, 84.06 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 4756 SQUARE
FEET OR 0.109 ACRE.
THIS LEGAL DESCRIPTION WAS PREPARED
- 3-23-92
DALE A. DAVIS, L.S. 5894 DATE LICENSE EXPIRES: 12-31-92
SHEET 1 OF 1 SHEET
I E. - 'HERSHIP LINES EXTEND #
Ti-!€ CENTERL LINE OF ;O SURVEY h0. 757
"
:GAL DESCRIPTION:
'ORTION OF THE 3.E. \/4 . SECTION 13, T. 12. S, R.4 W.,
i. M., CITY OF. CARL5BAD
lNTY OF SAN D\€GO,STATE
CALI FOR NlA .
d02"36@40"W-384.
J 02°37'00"Mf- 384.34'
I OZ038'Ol"\rJ-
~0~~30'00"~~
34 OF DEDICATION : 36 S9. FT OR 0.1032ACRE v.: - 221-012- 12
GEND I [NO\ CAT E5 DESCRIBED PED ICATION HEREON
'- OWNERSHIP BOUNDARY c.= POINT OF COMMENCEMENT
3.B"TRUE. POINT OF BEGINNING
1 RECOAO IN PER RECORD
STING EASEMENT
ZXISTING 126' WIDE 'ALOMAR AIRPORT ROAD
IEDICATED TO CIT Y .OF s
ARtSBAD PER DOC. REC. r-10-86 AS F/l? NO.86-092507
PBD Mnologks 401 West "A" Street, Suite 2500 sari DlWQ CA 9ZlOl 6190232.4466 DALE A.DAvls ~s.589 LlC. EXI? 12-31- 92
Bed vAwes .CITY OF CARLSBAD --
rn By c.c * 12-26-qo
EASEMENT (SLOPE Date 'oved
DEDICATION FOR: \2.26 -90 :ked By R .T
Ref. WOODWARD & MLHM, INC."
' Scale
TEMPORARY 'CONSTRUC ION T Tracing No.'
+
Ihl.IA3AA AA /tt
* -0368
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EXHIBIT " C" w7
ALL THAT PORTION OF SECTIONS 13 AND 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, AND ALL THAT PORTION OF SECTIONS 18 AND 19
OF TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 91 12 ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID
STATE; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2'36'40" EAST 384.39
FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT ROAD PER
ROAD SURVEY NO. 757; THENCE SOUTH 2"38'00" EAST 28.51 FEET TO A POINT ON
TANGENT 1200 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO
SAID POINT BEARS NORTH 2O03'04" EAST; SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3O01'34" A DISTANCE
OF 63.38 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 2"38'00" EAST 414.70
FEET TO THE BEGINNING OF A TANGENT 2200 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 61O47'39" A DISTANCE OF 2372.73 FEET; THENCE
BEGINNING OF A TANGENT 825 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 30"47'01" A DISTANCE OF 443.25 FEET; THENCE NORTH 60"47'01" EAST
206.20 FEET TO THE BEGINNING OF A TANGENT 900 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 34'19'16" A DISTANCE OF 539.12 FEET
THENCE SOUTH 8'51'23" WEST 1184.36 FEET; THENCE SOUTH 54"40'00" WEST 2065.80
FEET; THENCE NORTH O"03'46" WEST 185.20 FEET; THENCE NORTH 89'18'32" WEST
256.31 FEET TO A POINT ON SAID WESTERLY LINE; THENCE ALONG SAID LINE
NORTH 2"38'00" WEST 3520.68 FEET TO THE TRUE POINT OF BEGINNING.
THIS DESCRIPTION WAS PREPARED FROM RECORD INFORMATION AND IS NOT
BASED UPON A FIELD SURVEY.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
THE CENTERLINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF A NON-
LEAVING SAID CURVE NON-TANGENT, NORTH 30'00'00" EAST 194.76 FEET TO THE
DALE A. DAVIS, L.S. 5894
;% qp @, =; :-;:w:-: $=!& 7;=; j . ..
dB 369 e:f ;;:a; y -* &:$? ij “+Z5z-3* ~=$~~~i$,~~Q -0 2 j%g ____
RECORDING RE STED BY AND &WHEN RECORDED MAIL TO: )
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1200 Carlsbad Village Drive ) Carlsbad, CA 92008
I-..-.-Z,-.T+,. --_rr-- i!.--;~,l~. -. . +u.g$& ::;;; p.yr,-.:-. -..-. :...-. “““,“~+i .-.’“-7r .-:::,, i;AziIg i,:z!;’f Xt~~~~~~.~-: ++i! , , .e
;+;<;;--; ;;;;k.; 4 q:;,i-< 5---i5:+5.-r.
,,!j::C_ ,- _._,_ __ ,L.L.-j-:; . ?.,c:Ls?>:::: CITY OF CARLSBAD - -. . - - -
““ ;;>Li 3 $2
attached, to secure a deed of trust to secure the faithful
performance of a revolving note with the face value of Thirteen
Million Dollars ($13,000,000) dated April 11, 1986, in favor of
Merrill Lynch Private Capital, Incorporated, recorded in the
office of the County Recorder of San Diego County on April 11,
1986, as File No. 86-141074 of Official Records of said county;
and
AGREEMENTSWi-24.FRll -1- REV 10/8/91
PR 2. 3.59
I II WHEREAS, Owner has executed, or 0 e about to execute, as I
I' ~
_.
A
II .! v
0 0 - '* 371
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-prf-or<ty between the deed of
trust and Easemerk heceinbeqqre sp;e8cif $;tally d'escribed, any prior
agreement as'to s,uch s6bordInatlodL~i-dc$$d~ng, bh~t not limited,
those provisions, ">*-gan& \ If contained 5.n the,?,_ideea_ Ol\trust above
mentionea, (whlah provide f.om,the &ubordinat$on%f the lien or
charge /th&r-eof, to .anothe&_iict.e-res$.--in..., the, ". rea^^..." .,p~roper~y therein
described ?"-3 /
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if 1 .""~\.- & 1
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/ ,;ca i, ; /,,! , i"" I 1 'BENEFICIARY decAlxares;,., *LJ ,agrees and /acknowled,ges 'that :
1. I It konsents to $nh //approved \ag the grant of )'Easement \ i
a: /y i in favor of the Easement Gra-nt6,e's.i fkj i \ \ 2. It \inten/tiona!$qy/ -and unconditionally waives,
relinquishes a,nd"subord,inates ?$hie llen,,,or ,.charge of/*'the deed of
trust above menti6<ed 7% the Easemenlp.-in'fa~yor; of Easement Grantee
above referred 'to anku$deqstand&) $hatj 1-n reli'ance upon, and in
consideration of, thbwaiver, rel1nquj,shm.e& and subordination of
the grant of Easement as 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 waiver,
relinquishment and subordination; and
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AGREEHENTSWG-24.FRM -3- REV 10/8/91
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3. This Agreement represents an endorsement to the
note secured by the deed of trust above mentioned 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.
Executed this LA day of &(*/ , 1992.
,"---- "."'" --- "
BENEFICIARY:
Merrill Lynch P&ate,q p ,,? \ ,",
J ', 1,
CaDita, Inc. /' (< <A \ \ /GM&j m., \A.,California Corn.
--...-. OWNERS .:, /"" \
,r-\ "\,
(print riameL.he-r&) 1' yr ,/j;\~~~J.,y~(print name(.here) ',\, ! /'I.. / President %'-. \
"." I - __"
(title and organization of signatory)-#
(Proper notarial acknowledgement of execution by BENEFICIARY AND
OWNER must be attached) (President or vice-president and secretary or assistant secretary
AGREEMENlSVG-24.FRM -4- REV l0/8/91
A
* q
NERAL ACKNOWLEDGMENT bk 373
~~~~~
NO. 2
On this the & day of 97 ,L.8&- IgAfore me,
(I >,,. f&f&&fl 7j!&+? &od,G
the undersigned Notary Public, personally appeared
LLocL/,( /a- LUfiLD
-,, A @jj personally known to me - &I JC
OFFICTAI., SEAL
&. &&? IC1THLEFN TWMA ANDRkDA e:** proved to me on the basis of satisfactory evidence
s'y@y L(3S WA%E!LES Cg'L;.,?;Ty within instrument, and acknowledged that k executed it.
~ca~~~ NOTARY PUBLIC - CALiFORNIA to be the person(s) whose name(s) L 5 subscribed to the
fdy c:mii.i. expi;:s XT 1, 1993
"""" WITNESS my hand and official seal. I
Rh
Notgry'skignature 1 (
(
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it I
( I I
I I
( I
Title or Type of Document THIS CERTIFICATE
MUST BE AITACHED Number of Pages Y Date of Document I
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
~~~
19 NATONAL NOTARY ASSOCIATION -8236 Remmet Ave. - P.O. Box 7184 - Canoga Park, CA 91304-71:
STATE OF CALIFORNIA
COUNTY OF f
- 1 ss. ATlCOR COMPANY
known to me to be
known to me to be
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
- its board of directors.
WITNESS my hand and official seal.
Signature I (This area for official notarial seal)
;. ' e e
c 374
03/23/92 (DWA)
200,4;SV 7SL A.P.N. 221-012-12 EXHIBIT n@An'
I;EGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP
12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING SOUTHERLY OF THE CENTERLINE OF ROAD SURVEY NO. 757 KNOWN AS
PALOMAR AIRPORT ROAD, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO. 9112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY AUGUST 5, 1982, SAID CORNER ALSO BEING THE WEST QUARTER CORNER OF SAID FRACTIONAL SECTION 13; THENCE ALONG THE WESTERLY LINE OF SAID FRACTIONAL SECTION 13 SOUTH
02"37'00" EAST, 384.34 FEET (RECORD= NORTH 02"36'4011 WEST,
384.39 FEET); THENCE CONTINUING ALONG SAID WESTERLY LINE
SOUTH 02"38'01" EAST (RECORD= NORTH O2"38'0Ot1 WEST), 133.24
FEET TO THE BEGINNING OF A NON-TANGENT 2137.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS
NORTH 04"lO'OO" EAST SAID POINT BEING A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE 126.00 FOOT WIDE PALOMAR
AIRPORT ROAD AS DEDICATED AND DESCRIBED IN DEED RECORDED
MARCH 10, 1986 AS FILE/PAGE NO. 86-092507, AND ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 01"42'1611 A DISTANCE OF 63.57 FEET; THENCE LEAVING
SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 02 "38'01" EAST, 64.17
FEET; THENCE SOUTH 74°41'1011 WEST, 57.08 FEET; THENCE NORTH
84"01'13" WEST, 7.40 FEET TO A POINT ON THE WESTERLY LINE OF SAID FRACTIONAL SECTION 13; THENCE ALONG SAID WESTERLY LINE NORTH 02"38'011' WEST, 84.06 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 4756 SQUARE FEET OR 0.109 ACRE.
THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDE MY DIRECTION. LDJcciO-:, 3-23-9L
DALE A. DAVIS, L.S. 5894 DATE LICENSE EXPIRES: 12-31-92
SHEET 1 OF 1 SHEET
I I=: >HtL31 lof ]
NERSHIP LINES EXTEND
;TH.E *CENTERLIN€ OF ,D SUdVEY NO. 757
- "
:GAL DESCRIPTION:.
>ORTION OF THE 3.E. \/4
SECTION 13, T. 12. S, R .4 W-,
i. M., CITY OF CCIRLSBAD
JNTY OF SAN D\€.GO, STATE
CALI FOR NIA .
\102"36'4O" W - 384.
J 02'37'OO"W- 304.
fA OF DEDICATION :
SG, SQ. FT OR 0.1092ACRE
1.: - 221-012- I2
:GEND
-- OM/NERSUIP BOUNDARY
D.B".TRUE POINT OF BEGINNING
] RECORD INFbRPl4TION
STING EASEMENT
EXISTING 126' WIDE
")MAR AIRPORT ROAD )EDICATED TO CIT Y'OF s
:ARtSBAD PER DOC. REC. r-lo-86 AS F/P NO.86-092507
PER RfeORO
LIC. EXF? 12- 31- 92
"-----_ VARw CITY OF. CARLSBAD Scale 8ed
un By c.c *
EASEMENT (SLOPE 4 Date roved
DEDICATION FOR: \2.26 -30 cked By R .".
Ref. WOODWARD & MLHM, INC. ' 12-26-~
TEMPORARY 'CONSTRUC ION T Tracing No.
IN 1n7n~ nn /.tt
: -6; 'v.
e
Y I. 6 ' 376-
EXHIBIT "C" #7
ALL THAT PORTION SF SECTIONS 13 AND 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, AND ALL THAT PORTION OF SECTIONS 18 AND 19
OF TOWNSHIP 12 SOGTTH, RANGE 3. WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER'OF RECORD OF SURVEY NO. 91 12 ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID
STATE; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2'36'40" EAST 384.39 .
FEET TO A POINT ON THE NORTHERLY SIDELINE.OF PALOMAR AIRPORT ROAD PER .
ROAD SURVEY NO. 757; THENCE SOUTH 2'38'00" EAST 28.51 FEET TO A POINT ON
THE CENTERLINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF A NON-
TANGENT 1200 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO
SAID POINT BEARS NORTH 2'03'04" EAST; SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3'01'34" A DISTANCE
OF 63.38 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 2O38'00" EAST 414.70
FEET TO THE BEGINNING OF A TANGENT 2200 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 61'47'39" A DISTANCE OF 2372.73 FEET; THENCE
BEGINNING OF A TANGENT 825 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 30'47'01" A DISTANCE OF 443.25 FEET; THENCE NORTH 60'47'01" EAST
206.20 FEET TO THE BEGINNING OF A TANGENT 900 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 34'19'16'' A DISTANCE OF 539.12 FEET
THENCE SOUTH 8'51'23" WEST 1184.36 FEET; THENCE SOUTH 54'40'00" WEST 2065.80
FEET; THENCE NORTH 0'03'46" WEST 185.20 FEET; THENCE NORTH 89'18'32" WEST
256.31 FEET TO A POINT ON SAID WESTERLY LINE; THENCE ALONG SAID LINE
NORTH 2'38'00" WEST 3520.68 FEET TO THE TRUE POINT OF BEGINNING.
LEAVING SAID CURVE NON-TANGENT, NORTH 30'00'00" EAST 194.76 FEET TO THE
THIS DESCRIPTION WAS PREPARED FROM RECORD INFORMATION AND IS NOT --
BASED UPON A FIELD SURVEY.
"HIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
2-21- 4s
DALE A. DAV1STL.S. 5894