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Home My WebLink About1989-01-17; City Council; 9819; ACCEPTANCE OF A GRANT DEED FOR WATERLINE EASEMENT PURPOSES LOT 36, CARLSBAD OAKS EAST |PIP 88-3|rAB# qf/y TITLE MTG. 1-17-89 ACCEPTANCE OF A GRANT DEED FOR ~ WATERLINE EASEMENT PURPOSES DEPT.ENG. LOT 36, CARLSBAD OAKS EAST (PIP 88-3) DEPT. f CITY A1 CITY Mc a m /dcAnd! MAP MAP /~372 - +ei.fLs&w JA/US BVJ/N&JJ' CKYTD% 'I \ PAL&$& sa .L/d/v/??. LO2754 APE &#u- suAJFcrs/e /&E .',&MZ' 291- 9; CMWd. 88 -L LA( /dY/98/00 R6Yi ////8/8U L N PMdZN.a .* c /@lo 3t4d PA35.42 d. 0 t s Q wwii& LINE EAJ~MY'"~' /N A PdR7/'?Y Of LOT 36, Y/r/n/rry MA< /t/b SCRlt' P?dJfC7 N4M'E: cr 74-2/, /HAP m372; PA/? 88-3 t e . RECORDiNG REQUESTED BY ,c t* City Clerk, City of Carlsbad AND WHEN RECORDEDMAIL TO I-- City Clerk 1 Name City of Carlsbad Street 1200 Elm Avenue Address Carlsbad, CA 92008 State L J r -1 City & MAIL TAX STATEMENTS TO Name Carlsbad Oaks East, Ltd. Street Address P.O. BOX 80036 City& San Diego, CA 92101 State L -I c/o T & G Investments, Cons. NOY 3 0 198 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE- < The undersigned grantor(s) declare(s): Dkd 0 easement -I2 t; Documentary transfer tax is - - - - Partnership Grant Deed APN 209-083-05 PR 3.5.42/PD 310 CAT. NO. "00586 TO 1925 CA (2-83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS ( ) computed on full value of property conveyed, or ( ( ) Unincorporated area: ( X ) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a Limited hereby GRANTS to ) computed on full value less value of liens and encumbrances remaining at time of sale. Carlsbad Oaks East, Ltd. partnership organized under the laws of the State of Cal i f orn i a the CITY of CARLSBAD, a Municipal Corporation, an)( easement for water1 ine purpo#s over, under and across the following described real property in the County of San Diego , State of California. City of Carl sbad See EXHIBIT 'A' , consisting of two pages, for legal description, incorporated herein, and as shown on EXHIBIT 'B', consisting of two pages, for reference only, attached hereto. Dated: December 1, 1988 STATE OF CALIFORNIA COUNTYOF Sari Diego On December 1, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared Paul K Tchang 1 ss* 7 $ personally known to me or proved to me on the basis OFFICIAL SEAL of satisfactory evidence to be the person- who exe- cuted the within instrument as one ELIZABETH J. BOULER2CE NOTARY PUBLIC CALIFOr?NIA 4 of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. PRINCIPAL OFflCE IN SAN DIEGO COUNTY d n Expires January 18, 1991 l?A%wm WITNESS my hand and official seal. (This area for ofhcial notarial seal) Signature Title Order No. Escrow or Loan No. e W POR. LOT 36, C.T. 74-2 MAP 10372; P.I.P. 88-: CARLSBAD REF. PR 3.5.4: PD 310; DWG 291-9 CPIWD 88-C.254(B) J.N. 103/88/00 REV'D. 11/18/88 LLW/cf EXHIBIT A LEGAL DESCRIPTION: EASEMENTS FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG AI ACROSS THAT PORTION OF LOT 36, ACCORDING TO MAP NO. 10372, IN TI CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FIL IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APR 13, 1982, SAID EASEMENTS BEING 15.00 FEET IN WIDTH, LYING 7. FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBI CENTERLINES: PARCEL A: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SA POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKl AVENUE EAST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALI BEING THE NORTHEASTERLY LINE OF SAID LOT 36, SOUTH 32' 20'5 EAST, 295.92 FEET TO THE BEGINNING OF A TANGENT 264.00 FOI RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID CURVE BEA' NORTH 57' 39'07" EAST; THENCE SOUTHERLY ALONG THE ARC OF SA CURVE THROUGH A CENTRAL ANGLE OF 66'47'35" A DISTANCE OF 307. FEET TO A POINT HAVING A RADIAL BEARING OF SOUTH 55'33'18" EAS THENCE TANGENT TO SAID CURVE, SOUTH 34'26'42" WEST, 9.68 FEET ' THE TRUE POINT OF BEGINNING; THENCE NORTH 47'23'23" VEST,33. FEET TO POINT 'A'; THENCE CONTINUING ALONG SAID CENTERLIN NORTH 47'23'23'' WEST, 66.82 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL A, 15 FEET WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SA SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SA SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHA TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE CENTERLINE TERMINUS. PARCEL Al: COMMENCING AT THE AFORESAID POINT 'A'; THENCE NORTH 42' 36'3 EAST, 20.00 FEET TO THE POINT OF TERMINUS. PAGE 1 OF 2 e m THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL Al, 15 FEET I WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SA1 SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN THE NORT SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL A, AND SHAL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE A CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A AND Al: 1689.,60 SQUARE FEET PARCEL B: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SA1 POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKE AVENUE EAST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALS BEING THE NORTHEASTERLY LINE OF SAID LOT 36, SOUTH 32" 20'53 EAST,130.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 5 39'07" WEST, 26.50 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL B, 15 FEET I WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SA1 SIDELINES SHALL BE CONTINOUS AND SHALL BEGIN IN SA1 SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHAL TERMIEIATE IN A LINE PERPENDICULAR TO SAID CENTERLINE A CENTERLINE TERMINUS. AREA OF DEDICATION, PARCEL B: 397.50 SQUARE FEET. I &$zq/&j s/cit!& llllB/88 DATE CHARLES S. KAHR R.C.E. 23907 REGISTRATION EXPIRES 12/31/89 PAGE 2 OF 2 D $ 2 f2 - Y/r/N/7Y MAP /vb sC4IE Fd . CU( /+J Lf. /r-L. 0;;; /dm; /f,f/o 88-- r//;vo/. rAAlA2.U /4EE..k P? 3tt; Lwc. 29/- 9 CMW. 88- C Z53(8), d M /d3/BB/PO RKY4 // &//&/T B' I* P?C& 2 d?? 2 -. NMnf Cd& Ldf 26 l-1 B/NT dF 1 I / p-7- -/-7 LI: 5"' Lf /' PWN7 Of 7E.z /Sdd 'W/N W/7&4 L/N& EASEMrfNr /L FumXsr LDKtip AYE KAsr SU8JFC7 $/a- Y/r/N//y /MAP i. e, Nd SC4Z Fd P2wz-a k3 - w57zx L/&K F4X-MErn /5 'fi%l7z7? L/NE 64SfiV&N7-/N A /'%7/o/u O/. L0,r 36, A/!/' /I'd. /d 37< /l?UM, Qwf RJJaL/AL?:s g40/ &!4/V&7d-57- A) ALE/ s//74 /d/ cfNC/iv/74S, PA yz47.t (6 /7> L ??- /Y#/ CM4VlFJ s. RAM4 RL-2: 23947 DA7F A./N, zag- 083- ucs- u 52 LA 7/7\88 emcszm, cm/mwv/A ~FG/J7//47/0 N &XP/&. IC : /z - 3/- 87 0 0 CERTIFICATION FOR ACCEPTANCE OF EASEMEMT This is to certify that the interest in real property conveyed by the easement dated December 1, 1988 from Carlsbad Oaks East, Ltd. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbac California pursuant to resolution No. 89-14 , adopted on - Janaury 17, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED : January 18, 1989 By : I 0 0 1 ) CITY CLERK 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carl sbad, CA 92008 1 . RECORDING REQUESTED B Y AND WHEN RECORDED MAIL TO: Space above this line for Recorder's use APN 209-083-05 PR 3.5.42/PD 318 SUBORDINATION AGREEMENT NOT ICE : THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE 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, made this 5th day of December 192 Carlsbad Oaks East, Ltd. owner of the land hereinafter described and hereinaft referred to as "Owner," and Paul K. Tchang, Trustee U/T/A dated June 16, 19 and Theodore E. Gildred, Trustee U/T/A dated January 30, 1977, present owner ai holder of the deed of trust and not hereinafter described and hereinaft1 referred to as "Benef i ci ary"; WITNESSETH THAT WHEREAS, Carlsbad Oaks East, Ltd did execute a deed of trus dated December 27, 1984, to Ticor Title Insurance Company of California trustee, covering Lots 23 through 38 of Map No. 10372, to secure a note in t sum of eight million one hundred thousand dollard ($8,100,000) dated Decemb 27, 1984, in favor of Carlsbad Oaks East, Ltd. recorded December 28, 1984, File No. 84-482661 of Official Records of said county; and 9 a WHEREAS, Owne has executed, or is about to execute, as grantor, a grar of Easement dated lh~mber 1”9*,8 in favor of the City of Carlsbad as grantc herein referred to as “Easement Grantee,” creating AN/THE Easement mor particulary described in EXHIBIT A attached hereto; and WHEREAS, Easement Grantee is willing to accept said provided the grar of Easement is a charge upon the above described property prior and superior 1 the ‘lien or charge of the deed of trust above mentioned and provided that bene, iciary will specifically and unconditionally subordinate the lien or charge c the deed of trust above mentioned to the lien or charge of the Easement creatc in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easemer Grantee accept said Easement and Beneficiary is willing that the grant of Easc ment shall, when recorded, constitute a charge upon said land which is uncondi tionally prior and superior to the lien or charge of the deed of trust ab01 mentioned . NOW, THEREFORE, in consideration of the mutual benefits accruing to th parties hereto and other valuable consideration, the receipt and sufficiency o which consideration is hereby acknowledged, and in order to induce Easemen Grantee to accept said Easement above referred to, it is hereby declared, under stood and agreed as follows: 1. That said Easement in favor of Easement Grantee shal unconditionally be and remain at all times a charge on the property therei described, prior and superior to the lien or charge of the deed of trust abov men t i oned . 2. That Easement Grantee would not accept said Easement above describe without this subordination agreement. -2- e 0 3. That this agreement shall be the whole and only agreement wil regard to the subordination of the lien or charge of the deed of trust abo\ mentioned to the Easement in favor of Easement Grantee above referred to ai shall supersede and cancel, but only insofar as would affect the priorii between the deed of trust and Easement hereinbefore specifically described, ai prior agreement as to such subordination including, but not limited, tho provisions, if any, contained in the deed of trust above mentioned, whic provide for the subordination of the lien or charge thereof to another intere in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of Easement in favor of tl Easement Grantee. 2. He intentionally and unconditionally waives, re1 inquishes and suboi dinates the lien or charge of the deed of trust above mentioned to the Easemei in favor of Easement Grantee above referred to and understands that in relianc upon, and in consideration of, this waiver, relinquishment and subordination ( the grant of Easement is being executed and delivered, the Easement is beii created, and that specific monetary and other obligations are being and will entered into by the Easement Grantee, other lenders and title insuran companies which would not be made or entered into but for said reliance upon tl waiver, re1 inquishment and subordination; and 3. An endorsement has been placed upon the note secured by the deed 1 trust above mentioned that said deed of trust has by this instrument been sub0 dinated to the charge of the Easement in favor of Easement Grantee abo! referred to. -3- (second of two required signatures) OWNER CARLSBAD OAKS EAST, LTD. heodore E. Gildred b IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMEN THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and SURETY must attached. ) e -4- e 0 1 - COUNTY OF 1 L On -& _r 3 fl , 19 8 8 2 g said State, personally appeared - 2; --- ZQ $ 5 Go President and --- Secretary, on behalf of mU '-*- a .= WI- s .g the corporation therein named, and acknowledged tome that said FFlClAL SEAL $ ETH J. BOI'L.EFIICE - . G Q) corporation executed the within instrument pursuant to its by- PlJllLlC . CAl.lr2RNlA 'b, e E lawsoraresolutionof itsboardof directors,saidcorporationbeing STATE OF CALIFSW Diego Jss. Cl .- , before me, the undersigned, a Notary Public in and for Paul K. Tchang and 0 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Tech Construction Corp. ([IC I 5 8: o .a known to me to be one of the partners of NC!PA.L CFF!!:F. IF.1 5: DlC(;a C'3;jN;'y Carlsbad Qaks~asj~d-, ,3 25 G I 8 'D m Signature &-..A& 9 A&-&&&& 8 WITNESS my nd and official seal. the partnership that executed the within instrument, and ack- such partner and that such partnership executed the same. irm Jwuary !a. 1591 ;: "Z""P,1,'"Pu~';=-~~~ nowledged to me that such corporation executed the same as In (This area for official notarial seal) I X COUNTYOF t $ STATEOFCALIFORNl&.m Die o )ss. On November 30, 1988 ,before me, the undersigned, a Notary Public in and for said State, personally appeared 5 (5 2 Paul K- Tchmq, Trustee U/T/A dat.&-&ne l& ,1978 e I- C 0 al .- L E a .- e 7 2 - c ? - 3 personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. LL - .- CiPAL OFFICE IN 3:EC;O COWTY u - - N /fl ,,, r .' ,- .' 0 &&A/ 9 ,?W& z: (This area for official notarial seal) L- 0 e ATTORNEY-IN-FACT ACKNOWLEDGMENT tu!!.\ (:f 4.Y- .-jI (&q /“2/7 &- Fpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person whose npme is subscribed to the within instrument a! person not appearing before Notary), the principal, and acknowledg CIAbJE M STRANG that 1, C< (helshe) subscribed the principal’s name thi (name of attorne! in fact of ~j \u’L&,lz- E 8 CI-: i l ill- 4 fp) rJOTLRY PUBLIC - CALIFORNIA )uh (hislher) own name as attorney in fact. NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.O. Box 4625 Wc 7l40 122 ATTORNEY-IN-FACT ACKNOWLEDGMENT On this the 5th day of December 19- ss. before me, the undersigned Notary Public, personally appeared H personally known to me 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as, (r in fact of Theodore E. Gildred person not appearing before Notary), the principal, and acknowledge1 that he (helshe) subscribed the principal’s name then Paul K. Tchanq (name of attorney State of California County of San Dieso JEANETTE M. SGHWARTZ PRINCIPAL OFFICE tri SAN DIEGO COUNlY NOTARY PUBLIC CALIFORNIA his (hislher) own name as attorney in fact. ommission Expires September 28, 1490 ~~~-~~~n~~~~~“~~m~~~~u~”~~-~~ NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. - P.O. Box 4625 Wml 7140 122 I 0 e POR. LOT 36, C.T; 74- MAP 10372; P.I.P. 88 CARLSBAD REF. PR 3.5. PD 310; DWG 291-9 CFIWD 88-C.254(B) J.N. 103/88/00 REV'D. 11/18/88 LLW/cf EXHIBIT A LEGAL DESCRIPTION: . EASEMENTS FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG ACROSS THAT PORTION OF LOT 36, ACCORDING TO MAP NO. 10372, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FI IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AP 13, 1982, SAID EASEMENTS BEING 15.00 FEET IN WIDTH, LYING 7 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRI CENTERLINES: PARCEL A: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, S POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LO1 AVENUE EAST; THENCE-ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, AI BEING THE NORTHEASTERLY LINE OF SAID LOT 36, SOUTH 32' 20'. EAST, 295.92 FEET TO THE BEGINNING OF A TANGENT 264.00 F( RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID CURVE BE, NORTH .57' 39'07" EAST; THENCE SOUTHERLY ALONG THE ARC OF Si CURVE THROUGH A CENTRAL ANGLE OF 66'47'35" A DISTANCE OF 307 FEET TO A POINT HAVING A RADIAL BEARING OF SOUTH 55'33'18" EA! THE TRUE POINT OF BEGINNING; THENCE NORTH 47'23'23" WEST,33 FEET TO POINT 'A'; THENCE CONTINUING ALONG SAID -'CENTERLII NORTH 47'23'23" WEST, 66.82 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL A, 15 FEET WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT Si SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN St SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHI TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE CENTERLINE TERMINUS. THENCE TANGENT TO SAID CURVE, SOUTH 34'26'42" WEST, n9.68 FEET PARCEL Al: 8 COMMENCING AT THE AFORESAID POINT 'A'; THENCE NORTH 42' 36': EAST, 20.00 FEET TO THE POINT OF TERFIINUS. PAGE 1 OF 2 e * NOV 3 THE SIDELINES OF THE HEREINBEFORE.DESCRIBED PARCEL Al, 15.FEET : WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SA: SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN THE NOR' SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 'A, AND SHAl CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A AND Al: 1689.60 SQUARE FEET TERFIINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE i i PARCEL B: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SA1 POINT BEING A POINT .ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKE AVENUE EAST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, AL: EAST,130.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH ! 39'07" WEST, 26.50 FEET TO THE POINT OF TERNINUS. THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL B, 15 FEET I WIDTH, SHALL BE, LENGTHENED AND/OR SHORTENED SO THAT SAI SIDELINES SHALL BE CONTINOUS AND SHALL BEGIN IN SA1 SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHAL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE A CENTERLINE TERMINUS. AREA OF DEDICATION, PARCEL B: 397.50 SQUARE FEET. BEING THE NORTHEASTERLY LINE OF SAI'D LOT 36, SOUTH 32" 20'5: -I -,-. ..- .x-,.. ,... .I ~, .-. .; * .. .i . - - . , <. , 4. ::.. ,' * . ' .L! '. . . .-... . .. . . .. -2 ,... . ... S/GL /lh(?/86' CIiARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/89 PAGE 2 OF 2 4. v 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * e RESOLUTION NO. 89-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR WATERLINE EASEMENT PURPOSES ON LOT 36, CARLSBAD OAKS EAST (PIP 88-3). WHEREAS, Carlsbad Oaks East, Ltd. has submitted a Grant Deed c easements to the City of Carlsbad for water main purposes over a portio 36 of Carlsbad Oaks East Ltd.; and WHEREAS, Carlsbad Oaks East, Ltd. has submitted a Subordination A causing said easements to be prior and superior to the lien or charge of of trust on the property; and WHEREAS, the City Council of the City of Carlsbad has determined in the public interest to accept said Deed; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Carlsbad Oaks East, Ltd, dated Dec 1988, conveying easements for water main purposes over a portion of L Carlsbad Oaks East, Ltd. to the City of Carlsbad which is on file with Clerk and is incorporated herein by reference, is accepted. 3. That the Subordination Agreement from Carlsbad Oaks East, L1 December 5, 1988 causing easements to be prior and superior to the lien ( of the deed of trust on the property which is on file with the City Clei incorporated herein by reference, is accepted. 4. That the City Clerk is authorized to cause the original Subordination Agreement to be recorded in the Office of the County Rec /// /// /// \ < 1 2 3 4 5 6 7 a 9 10 e 0 San Diego County, State of California, with the appropriate Certifi Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlst Council held on the 17th day of January , 1989 by the following ’ wit: AYES: NOES: None Council Members Lewis, Kulchin, Pettine, Mamaux and ABSENT: None ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I