HomeMy WebLinkAbout1990-03-27; Municipal Water District; 008; CMWD Project No. 89-C-306.’
:MWD - AGENDA BILL &; ,,f df;, ;; I a: ri
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TITLE: DEPT. HD. L
MT%- ENG. ACCEPTANCE OF GRANT DEED AND SUBORDINATION ClTYAm h
DEPT. AGREEMENT FOR WATERLINE PURPOSES CMWD PROJECT NO. 89-C-306 B CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. . 655 ML---- accepting a Grant Deed for Waterline purposes
ITEM EXPLANATION:
Pacific Ridge Commerce Centre Associates, developers of the subject project, have granted an easement as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the project. Bank .of the West, beneficiaries of the subject project, have granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement. The subject project is located on southside of Camino Vida Roble east of Palomar Oaks Way.
Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes.
I FISCAL IMPACT
Requiring dedications and subordination agreements as a condition of water system improvements will save the District expenses in future easement acquisitions.
EXHIBITS
1. Location Map.
2. Grant Deed and Subordination Agreement from Pacific Ridge Commerce Centre Associates dated &&~m&/~ i: /7& . /
3. Resolution No. L.&&a- accepting a Grant Deed and Subordination Agreement for waterline purposes.
CMWD 89-C-306
PROJECT
L OCA T/ON
jtUClN/TY MAP
NO SCALE
Location Map for Waterline Easement Lot 3, Carlsbad Airport Centre
DATE : PROJECT NO. : CMWD 89-C-306.
South Side of Camino Vida Roble East of Palomar Oaks
LOCATION : Way North Side Palomar Airport Road
M-IITE IT - DON’T SAY :‘!
Date April 4 1990
To Sandy Schuck 0 Reply Wanted
From Karen Kundtz q No Reply Necessary
RE: EASEMENT AND SUBORDINATION AGREEMENT FOR WATERLINE PURPOSES
PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES - CMWD PROJ. NO. 89-C-306
Enclosed are the original easement and subordination agreement which were
approved by the Water Board at the 3/27/90 Meeting. After you have had the
documents recorded, please return a copy to the City Clerk's Office.
Thanks,
Assistant City Clerk
AIGNER FORM NO. 55032 PRINTED IN us*
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 212-092-17 Project Name & No. Lot 3, Carlsbad Airport Centre CMWD Project No. 89-C-306
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
ALETHA L. RAUTENKRANZ, Sec&etary Board of Directors
EASEMENT
PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a California Limited Partnership, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement.
Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground.
NO FEE
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities
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and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit I'A" and Exhibit lIBII attached hereto and by this reference made a part hereof.
PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a California limited partnership
GENERAL PARTNERS:
BY WILLIAM SHIRLEY
TULCHAN COMPANY, a CalUornia corporation
Mark H. Hannah, President \
CARLSBAD MUNICIPAL W-R DISTRICT
BY Claude A.
its President
Dated 7Il!!.uAlzRpe4 -7. mq
(Attach Notary Ackowledgment) CMWD 89-C-306
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This is to certify that the interest in real property
conveyed by the Deed dated December 7 1989 ------------ , 1989,
from PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a California
limited partnership, as grantor, to CARLSBAD MUNICIPAL WATER
DISTRICT, a Municipal Water District Act of 1911, as amended, is
hereby accepted by order of the Board of Directors of the
Carlsbad Municipal Water District on March 27, 1990 t
v and the Grantee consents to recordation thereof by its duly
authorized officer.
DATED April 2, 1990 ,=m
CARLSBAD MUNICIPAL WATER DISTRICT By:
CMWD 89-C-306
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1355
Notary acknowledgement for Lot 3, Carlsbad Airport Centre
State of GT+w,X )
County of &W D;fG0 i ss
On this 7$~ day of 9ECEM6Ec in the year 1989, before me, the undersigned, a notary public in and for said state, personally appeared William A. Shirley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it.
(Seal of Notary)
State of a%j-f=iJe&.& )
County of && DiEGo ; ss
On this %j day of P ECEr/\BE CL before me, the undersigned, a notary public in the year 1989, in and for said state, personally appeared Mark H. Hannah, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. OFFICIAL SEAL
JANET BR’ENGI
NOTAR? PUBLIC-- CALIFORNIA R
I 2hfb?APb-. -I
(Sis$+ re of Notary)!) (Seal of Notary)
CIWD 89-C-306
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LEGAL DESCRIPTION FOR WATER LINE EASEMENT FOR P,I,P, 89-12 1356
EXHIBIT "A"
THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO, 81-46, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1985 BEING STRIPS OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE CENTER- LINES OF WHICH ARE DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 66'07'22" WEST 30.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 23'52' 38" WEST 10.26 FEET; THENCE SOUTH 68'52'38" WEST 79.54 FEET; THENCE NORTH 66'07'22" WEST 125.00 FEET; THENCE SOUTH 23'52'38" WEST 98.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "A"; THENCE SOUTH 23'52'38" WEST 7.80 FEET; THENCE SOUTH 31'15'47" EAST 125.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B"; THENCE SOUTH 31" 15'47" EAST 78.02 FEET; THENCE SOUTH 23"52'38" WEST 90.56 FEET; THENCE NORTH 66"07'22" WEST 12.00 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "C"; THENCE NORTH 66"07'22" WEST 74.94 FEET; THENCE NORTH 31'15'47" WEST 155.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "D"; THENCE NORTH 31'15'47"WEST 101.23 FEET; THENCE NORTH 23'52'38" EAST 5.00 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "E"; THENCE NORTH 23"52'38" EAST 85.95 FEET TO A POINT HEREINAFTER REFERED TO AS POINT 'IF"; THENCE NORTH 23" 52'38" EAST 77.00 FEET; THENCE NORTH 21“07'22" WEST 31.00 FEET TO A POINT OF TERMINATION.
ALSO:
BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 66'07'22" EAST 15.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 58'44'13" EAST 26.00 FEET; THENCE SOUTH 66"07'22" EAST 15.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 23'52'38" WEST 25.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT I'D"; 'THENCE SOUTH 58'44'13" WEST 31.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 66"07'22" WEST 5.00 FEET; THENCE SOUTH 80"07'38" WEST 2il.00 FEET; THENCE SOUTH 23" 52'38" WEST 15.00 FEET TO A POINT OF TERMINATION.
SHEET 1 OF 2 C.M.W.D. 89-C.306
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EXHIBIT "A"
TOGETHER WITH A STRIP OF LAND, 26.00 FEET WIDE, LYING 13.00 FEET ON EACH SIDE AND PARALLEL WITH THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE NORTH 66'07'22" W-EST 47.50 .FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3, SAID POINT BEING SOUTH 23'52'38" WEST 142.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT.
THE SIDELINES OF SAID STRIPS OF LAND TO BE LENGHTENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AT THE NORTHERLY LINE OF LOT 3 AND TO END ON THE WESTERLY LINE OF SAID LOT 3.
SHEET 2 OF 2 C.M.W.D. 89-C.306
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* . PLEASE RECORD THIS L~C~MENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO
Car&bad Municipal Water District 5950 El Camino Real Carlsbad, California 92008
Space above this line for Recorder's use. A.P.N. 212-092-17 CMWD Project No. 89-C-306
SUBORDINATION AGREEMENT
NOTICZ: 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 7fi day ofaaeM@6q ,
1989 by PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a California
limited partnership, hereinafter referred to as l*Owner,ll owner of
the land and BANK OF THE WEST, a California corporation,
hereinafter referred to as llBeneficiary"; present owner and
holder of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES
did execute a deed of trust, dated November 20, 1989, to FIRST
SANTA CLARA CORPORATION, as trustee, covering Lot 3, Carlsbad
Airport Centre in the City of Carlsbad, County of San Diego,
State of California, according to Map No. 11287 filed July 16,
1985, to secure a note in the the sum of $3,850,000.00 dated
November 20, 1989 in favor of BANK OF THE WEST recorded in the
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office of the County Recorder of San Diego County on November 22,
1989 as File/Page No. 89-635489 of Official Records/of said
county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated Qe@~bQf 7, ISgq, in favor ,
of the Carlsbad Municipal Water District as grantee herein
referred to as ItEasement Grantee," creating an Easement more
particularly described in Exhibits A and B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said
Easement 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
hereto that Easement Grantee accept said Easement and Beneficiary
is willing the grant of Easement shall, when recorded, constitute
a charge upon said land which is unconditionally prior and
superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said Easement above referred to, it is hereby declared,
understood and agreed as follows:
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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.
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:
1. He consents to and approves the grant of Easement
in favor of the Easement Grantee.
2. 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 of the grant of Easement is being executed and
delivered, the Easement is being created, and that specific
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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. An endorsement 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 Easement in favor of Easement Grantee above referred to
BENEFICIARY
BY
TULCHAN COMPANY, a Californi
corporation
NOTE THAT THE PRESIDENT OR VI ASSISTANT SECRETARY MUST SIGN DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT
SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY
EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS RATTER.
IT IS RECOMMENDED THAT, SUBORDINATION AGREEMENT, THE WITH RESPECT THERETO.
PRIOR TO THE EXECUTION OF THIS
PARTIES CONSULT WITH THEIR ATTORNEYS
(Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached. CMWD 89-C-306
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lj63
Notary acknowledgement for Lot 3, Carlsbad Airport Centre
r
State of tdtkr^dL )
1 ss County of 5;p+zT~ u&R* )
On this \'3.4c\ day of e&w b+ in the year 1989, before me, the undersigned, a-notary public in and for said state, personally appeared $(66W~ Ld. @+6EfL personally known to me (or proved to me on the basis of Satisfactory evidence) to be the person who executed the within instrument as 4, drcC3 P~~;cJG~~ or on behalf of the corporation therein named and acknowledaed to me that the cornoration executed it.
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(Signature of titary},I
State of G-p-nlL ; ss
County of-5&+7$ GQ*+ )
MILLIE CHINO
NOTARY PUBLIC - CMIfORNU SANTA CLARA COUNTY My commwon exptres Oat. 29. l989
known to me (or proved to me on the basis of satisfactory eviden I .',& i I F ) ,to be the person who executed the within instrument as
On this /3’1’ . day of ‘--J-J~~~~ be/+- in the year 1989, before me, before me, the undersigned, the undersigned, biic in and for said blic in and for said state, state, personally appeared personally appeared known to me (or proved to me on the basis of satisfactory evidenikL,vd,e the person who executed the within instrument as /J&G F -1 or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. and acknowledaed to me that the cornoration executed
JjziL@ &&
(Signature of N (Signature of N
NOTARY PUBLIC. CALIFORNIA
(Seal of Notary)
CMWD 89-C-306
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Notary acknowledgement for Lot 3, Carlsbad Airport Centre
State of c h~iF* WJ, i 1
County of %Dia,Q ; ss
On this 7+L1 day of BECEMRE& the undersigned, a notary public in the year 1989, before me, in and for said state, personally appeared WilliamIShirley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person partnership it.
that executed this instrument, on behalf .of the and acknowledged to me that the partnership executed
OFFICIAL SEAL
JANET BRENGI
NOTARY PUBLIC - CALIFORNIA
%4N DIEGO CDUNM My ccmm. expires NW 23, 1990
Seal of Notary
State of ea. I ‘b ENi; )
County of ‘TmJ DiEG-a ; ss
On this '1+-t day of DkD0EL .
before me, the undersigned state, personally appeared uotary pub;i~ninth~ndYe~~r 'z% H. Hannah, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. 1 1
(Seal of Notary) ature of Nota@y)
CMh'D 89-C-306
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, , ,I -’ - I’S, 1365 LEGAL DESCRIPTION FOR WATER LINE EAEEMENT FOR P,I,P, 89-12
EXHIBIT "A"
THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO. 81-46, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 11287 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1985 BEING STRIPS OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE CENTER- LINES OF WHICH ARE DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNXR OF SAID LOT 3; THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 66'07'22" WEST-30.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 23'52' 38" WEST 10.26 FEET; THENCE SOUTH 68'52'38" WEST 79.54 FEET: THENCE NORTH 66" 07'22" WEST 125.00 FEET; THENCE S 'OUTH 2 3'52'38" WEsT 98.50 FEET TO A . POINT HEREINAFTER REFERED TO AS POINT "A" ; THENCE SOUTH 23'52'38" WEST 7.80 FEET; THENCE SOUTH 31" 15'47" EAST 125.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B"; THENCE SOUTH 31" 15'47" EAST 78.02 FEET; THENCE SOUTH 23"52'38" WEST 90.56 FEET; THENCE NORTH 66"07'22"-WEST 12.00 FEET TO A POINT HEREINAFTER . REFERED TO AS POINT "C"; THENCE NORTH 66'07'22" WEST 74.94 FEET; THENCE NORTH 31'15'47" WEST 155.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "D"; THENCE NORTH 31"15'47"WEST 101.23 FEET; THENCE NORTH 23'52'38" EAST 5.00 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "El'; THENCE NORTH 23"52'38" EAST 85.95 FEET TO A POINT HEREINAFTER REFERED TO AS POINT 'IF"; THENCE NORTH 23" 52'38" EAST 77.00 FEET; THENCE NORTH 21"07'22" WEST 31.00 FEET TO A POINT OF TERMINATION.
ALSO:
'BEGINNING AT ABOVE MENTIONED &NT '1~"~ THENCE SOUTH 66007'22" EAST 15.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 58"44'13" EAST 26.00 FEET; THENCE SOUTH 66'07'22" EAST 15.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 23'52'38" WEST 25.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE SOUTH 58'44'13" WEST 31.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 66'07'22" WEST 5.00 FEET; THENCE SOUTH 80"07'38" WEST 2tl.00 FEET; THENCE SOUTH 23" 52'38" WEST 15.00 FEET TO A POINT OF TERb!INATION.
SHEET 1 OF 2 C.M.W.D. 89-C.306 :, L
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EXHIBIT "A"
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TOGETHER WITH A STRIP OF LAND, 26.00 FEET WIDE, LYING 13.00 FEET ON EACH SIDE AND PARALLEL WITH THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT ABOVE MENTIONED POINT 'IF"; THENCE NORTH 66"07'22" WEST 47.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3, SAID POINT BEING SOUTH 23"52'38" WEST 142.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT.
THE SIDELINES OF SAID STRIPS OF LAND TO BE LENGHTENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AT THE NORTHERLY LINE OF LOT 3 AND TO END ON THE WESTERLY LINE OF SAID LOT 3.
SHEET 2 OF 2 C.M.W.D. 89-C-306
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RESOLUTION NO. _+ 652
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND SUBORDINATION AGREEMENT FOR LOT 3, CARLSBAD TRACT 81-46, CARLSBAD AIRPORT CENTRE
WHEREAS, PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a
California Limited Partnership has submitted a Waterline Easement
conveying an easement to the Carlsbad Municipal Water District
for waterline purposes over a portion Lot 3, Carlsbad Airport
Centre, Carlsbad Tract 81-46; and a Subordination Agreement from
Bank of The West, a California corporation, which provides that
foreclosure or other enforcement of rights under said deed of
trust shall not affect said easement attached thereto and shall
be made a part thereof:
WHEREAS, the Board of Directors of the Carlsbad Municipal
Water District has determined it to be in the public interest to
accept said Deed and Subordination Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Board of
Directors of the Carlsbad Municipal Water District as
follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Pacific Ridge Commerce Centre
Associates dated December 7, 1989 conveying an easement for
waterline purposes and subordination agreement from Bank of The
West to agree that foreclosure or other enforcement of rights
under said deed of trust shall not affect said easement over a
portion of Lot 3, Carlsbad Airport Centre, Carlsbad Tract 81-46
which is on file with the Carlsbad Municipal Water District and
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~ is incorporated herein by reference, is accepted.
3. That the Secretary of the Board is authorized to cause
the original Deed and Subordination Agreement to be recorded in
the Office of the County Recorder of San Diego County, State of
California, with the appropriate Certificate of Acceptance
attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad Municipal Water District held on the 27th day of
March 8 1990 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Board Member Pettin
~VTWST?
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ALETBA L. RAUTENRRARZ, Secret&y
(SEAL)
CMWD 89-C-306