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Home My WebLink About1990-06-19; Municipal Water District; 025; Grant Deed & Subordination Agreement- CMWD - AGENDA BILL L . MTG. b-IS-?@ AGREEMENT FOR WATERLINE PURPOSES RECOMMENDED ACTION: Adopt Resolution No. 663 -mm-- accepting a Grant Deed and Subordination Agreement for Waterline purposes. ITEM EXPLANATION: El Fuerte/Oaks Partners, 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. First Interstate Bank of California, 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 for Lot 28, Carlsbad Tract 74-21. The subject project is located on the northwest corner of Loker Avenue and Sea Otter Place. 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. EXBIBITS 1. Location Map. 2. A Grant Deed and a Sub from El Fuerte/Oaks Partners dated 3. Resolution No. A.!a--- accepting a Grant Deed and Subordination Agreement for waterline purposes. CMWD 89-C-308 Q N ACCEPTING WATERLINE EASEMENT FOR LOT 28 CT. 74-21 ON SEA OTTER PLACE VICINITY MAP mxN.E PROJECT NAME: LOKER AVENUE EAST PROJ, NO, PD 361 CHWD 89-C.308 EXHIBIT I’. :‘. * ,,a ,> PLEASE RECORD THIS DOCUMENT AT i- NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDING ~aQuwr BY AND :I : - t* ,* ;.;.j?- -5 AH If: 35 WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 ‘*TEF.:: f-; Lyt$ T Lz:cs ,‘< p-+-- - ..:’ ;zi-pn,, 1 i - L -.-. :iyJERQ NO FEE Assessor's Parcel No. 209-082-04 Project Name & No. Lot 28, Carlsbad Tract 74-21, P.D. 361 CMWD Project No. 89-C-308 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, Secrebary Board of Directors El Fuerte/Oaks Partners, a California Limited Partnership does hereby grant to CARLSBAD KUNICIPAL WATER DISTRICT, a PublJ,c 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. 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 and devices. The use shall also include a means of access to and 1 ’ from said repairing facility. I facility for the purpose of constructing, operating, mainta ining, i .nspecting and reconstru cting said 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 TEE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit IIB@I attached hereto and by this reference made a part hereof. EL FUERTE/OAKS PARTNERS, a California limited CARLSBAD MUNICIPAL WATER/DISTRICT : c &q-< -53 Claude A. Lewis, President I Dated au&- 4 /f%D (Attach Notary Acknowledgment) CMWD CMWD 89-C-308 . 1 , . *-, .?, . -1599 This is to certify that the interest in real property conveyed by the Deed dated -- , 1990, from El Fuerte/Oaks Partners, 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 June 19, , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED June 20 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: \ Aletha L. Rautenkranz, Secreta& Carlsbad Municipal Water District CMWD 89-C-308 3 . . . STATE OF CALIFORNIA 1 ss COUNTY OF ORANGE '1 On r&p P3 p' 1990 before me, the undersigned, a Notary Public n and for said State, personally appeared Alan J. Davison and Martin V. Jones, personally known to me to be all of the partners of EL FUERTE PARTNERS, a partnership being known to me to be the general partner of DAVISON & JONES EL FUERTE/OAKS PARTNERS a limited partnership that executed the within instrument being known to me to be the general partner of EL FUERTE/OAKS PARTNERS, the limited partnership that executed the within instrument, and acknowledged to me that they executed the same as partners and that such partnership executed the same as general partner of the limited partnership and that such general partnership executed the same. WITNESS my hand and official seal. Signature AU ?XA J PORnON Ct= LOT 28 ACCORDING JO TRACJ MAP NO 74-21 IN lh!E GIN OF CARLSBAD, COUNTY OF SAN DIEGQ SJA ?Z- Of CAUFORNIA, B!ED IN ME OmCE Of ?HE COClNN RECORDER of SAN DIEGO COUNJY ON APRIL 13 1982 AS /7LE NO IO372 of DfncrAL RECORDS 0ErNc A smP 0F LAND f55.00 fm rN MDm L MNG z5 mJ ON EACH SIDE AND PARALLLI MT4 ?HE FOUOMNG DESCRIBED ENiZi?LbN& BEGINNING AJ RE MOSJ SOUTMRL Y ;TERMIN(/S Of IHE SOU7HKSZ?L Y UitE of SAID LOJ 28. SW POINT ALSO BEING A NOR%kTL Y 7EMINUS Of A CURM CONCA M: NOR?MXL YHA MNG A RADZUS OF 20.00 FEEJ AND A CGWRAL ANGK Of 805638: RADIAL BEARING A J SAID POINT BEING NORiH 5175’01* EASZ ?MNGE NORTH 38V4’59’ KS,: ALONG Z?E SAID SOWW~STEAL Y IQ-NE OF LOJ 28. 116.67 m IWVCE ALONG A ?.XNGEh J CUR M CONCA k? NOR?XEAS?E?L Y HA MNG A RADIUS OF 364 00 h?TJ ?XROUGH A cEN7RAL ANGLE Of 4’33’01: A LENGTH Of 28.91 FEE-C A RADIAL ffNE WROUGH SAlD POINT BEING NORW 55’?8’03’ .&SF SAID POrNJ ALSO BEING WE TRUE POINJ Of BEGINNING Mi4CE ALONG SAID CENERLINE NOR?Tf 55’48’03’ EAS,: 54.06 KEJ JO A PO/NJ Mi?EIN&-Zi? REmRm JO AS POINJ 1;4: %MiVCE NOR??f 23773’ KSJ IQ 00 fEE1 JO A POMJ HERflNAf TER RfXQRED JO AS POINJ ‘BT ??%WCE NQX’f 2377%’ KS;: 140.61 FEEJ JO A POINJ HEREINAFZR RmRRm JO AS POINJ =C’cs RWCE NORTH 2377’35’ MS,: 262 EEZ WENCE N&VW W?99’19’ &4SZ 6Z32 FEEl;: ?HGVCE NORB’ 5873’12’ &ST; l&58 tTEJ JO A POINJ HEREINAm R@ERRED JO AS PO/NJ a: 7KVCE NORTH 5873’12’ MSC 152.16 t%EZ iX?tCE NOR%’ 3#6’48’ h?SZ 10.00 t%EZ JO A POINJ HEREINAfrR REmRED JO AS POINJ -El iWElCE NORiZ 31’&‘48’ E4Sb 2250 FZEJ JO i%E NORl?fKSTZRL Y LINE Of SAID LOJ 2K WE SIDNNES OF SAID S?RIPS OF LAND JO BE tiNG?h!ENED OR SHORJEND JO MEEJ AJ AU ANGLE POINTS AND ERMiNA ?T A J i%E SAID SOU WKSIERL Y L 0 J LINE AND A J SAID NaRT?fWE.S?ZRL Y LOJ UN& 2 PARCQ ALSO BEGINNING AT ?ZE ABOM MENlTONm POINT “A 7 ?MiVCE SOUJ?f 35’56’33’ EAST 125.19 f-B-J JO A PO/NJ OF TjFRMINUS PARCR ALSO BEGINNING AJ WE ABOlE MiWONED POINT 2: ?HENCE NORW 66V2t?5- GISJ, 18.80 t%EJ JO A PO/NT OF liTRMNU.T PARC&! 4 ALSO EEGINNZNG A J WE AR0 VE MiWONED POINT =C: ?HWcE SOUTH 66y2y5zs’ KS7; 18.91 tTEJ ?i? A PO/NJ OF iERhf1NU.T PARC& 5 ALSO BEGINNING AT iXE At3OM MWUONED POINJ 2: MWCE SOUJH 31’46’48’ IWTZ 25.50 KEJ JO A POINT OF 7EKM.NU.S 6 PARCEL ALSO BEGINNING AT mE ABOM MW?7ONED PO/NJ 2: WENCE NORW 587372’ &4.X 13.51 iTEJ JO A PO/NJ Of li%4INUS R c.E 25068, WPRET 12-31-93 CMn!D. 89 - C - 308 I rxHy;BiT ‘“B” ’ - 1602 --- / / / \ \ \ 131 Xh 91 60, q 5% % I 2 i”; $8 ! 4’ r =rzo7 --\ Lm =2&?6 -<,I, I 11-1 \/ I /I- I -r , ,. -r ., I, I ,,I ‘_ .I , .Iy” :r‘ ,d ,\ I\ l-7 f\ I,,<, / *I I. I \d \x I I- CMKD. 89-C-308 ACE PTING WATERLINE EASEMENT FOR LOT 28 CT. 74-21 ON SEA UTTER PLACE VICINITY MAP mcILE PROJECT NAME: LOKER AVENUE EAST PRIIJ, Nil, PD 361 CMWD 89-C.308 EXHIBIT , I ,.- F I : * I ‘. ,j PLEASE'RECORD THIS NO FEE AS IT IS TO “1604 DOCUMENT AT THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND ; op gfi -5 _' ;-%>.$" @j g: ?5 WHEN RECORDED, PLEASE MAIL TO 1 1 ! Carlsbad Municipal Water District ; ';yq .? L, {,'ii E ,l.~. T.1 La i- c .q ;; ;'<' , > ..:;i I::.:> - 5950 El Camino Real Carlsbad, California 92008 N’O FEE Space above this line for Recorder's use. A.P.N. 209-082-04 CMWD 89-C-308 SUBORDINATION AGREEMENT NOTICE: 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 23 day of /R/fs I 19% by EL FUERTE/OAKS PARTNF,RS, - a California limited partnership hereinafter referred to as llOwner,l' owner of the land and FIRST INTERSTATE BANK OF CALIFORNIA, a California corporation hereinafter referred to as tlBeneficiarytl; present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, El Fuerte/Oaks Partners, a California limited partnership did execute a deed of trust, dated June 20, 1989, to First Interstate Bank of California, a California corporation as trustee, covering Lot 28, Carlsbad Tract 74-21 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10372 filed April 13, 1982, to secure a note in the the sum of $4,856,495.00 dated June 20, 1989 in favor 1 .a .a , 1605 of First Interstate Bank of California recorded in the office of the County Recorder of San Diego County on June 30, 1989 as File No. 89-347228 of Official Records/of said county: and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated &Z+/fY./fY& , in favor of the Carlsbad Municipal Water District as grantee herein referred to as'"Easement 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, 2 . .*’ 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. 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 3 ,’ * ’ 1607 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 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 BENEFICIARY: OWNER: FIRST INTERSTATE BANK OF EL FUERTE OAKS PARTNERS, a CALIFORNIA, a California California limited corporation partnership By: Davison L Jones El Fuerte/Oaks Partners, a California limited partnership /- P/U= President By: El Fuerte Partners, a California general partner Secretary NOTE TEAT THE PRESIDENT OR VICE-PRESIDENT AND TEE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF TEE RESOLUTION OF THE BOARD OF DIRECTORS TEAT IS SIGNED BY TEE SECRETARY OR ASSISTANT SECRETARY OF TEE 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. 4 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 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 BENEFICIARY: OWNER: FIRST INTERSTATE BANK OF EL FUERTE OAKS PARTNERS, a CALIFORNIA, a California California limited corporation partnership By: Davison h Jones El d& Fuerte/Oaks Partners, a California limited partnership /- h/W President Bv: El Fuerte Partners, a -a - California general partner 4 1608 STATE OF CA’ ‘=nnk”r 1 COUNTY OF- .- L’rvn’u’n~anqe I”“. On my 23, 1990 said State, personally appeared . before me, the undersigned, a Notary Public in and for J. w and _~-__-______-_----_--~-~ . Personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice ------------ President am -----------a-- First Tnwstate m nf ~~1; SRGt~3n behalf of the corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pursuant to its by-laws or a resolution of its board of direct F WITf&SS mfiand and official seal. f ,’ Signature c3wlCIAL SEAL CAROLYN SLJMNER B MY .ghis area for official notarial seal) , !RETARY OR S OF THIS TEE BOARD ASSISTANT ~cIFICALLY P RPORATION T IN THIS “*I- --- __ _ _ _ MATTER. 4 .- ,_ ‘- . * .’ . 1609 IT IS RECOMMENDED TEAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, TEE PARTIES CONSULT WITH THEIR ATTORNF,YS WITH RESPECT THERETO. Approved as to form: (Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached. CMWD 89-C-308 5 . . . - . - 161() STATE OF CALIFORNIA 1 ss COUNTY OF ORANGE ') I On flc Public /n and for said State, personally appeared Alan J. Davison 7 X3 1990 before me, the undersigned, a Notary and Martin V. Jones, personally known to me to be all of the partners of EL FUERTE PARTNERS, a partnership being known to me to be the general partner of DAVISON & JONES EL FUERTE/OAKS PARTNERS a limited partnership that executed the within instrument being known to me to be the general partner of EL FUERTE/OAKS PARTNERS, the limited partnership that executed the within instrument, and acknowledged to me that they executed the same as partners and that such partnership executed the same as general partner of the limited partnership and that such general partnership executed the same. WITNESS my hand and official seal. signature OFFICIAL SEAL , 0 ’ . .<: I. . C!..,, .: EXHi-dT ‘A” - ml ’ AU ?XAJ POR7i’ON Cl= LOT 28 ACCORDING JO RACJ MAP NO 74-21 IN ?TfE GIN OF CARLSBAD, COUNN OF SAN DIEGO. SJA7E 0= CAUFZIRNIA, R” IN iiVE OmcE OF THE COUNN RECORDER iT SAN DIEGO COUNN ON APRIL fd 1982 AS FTLE No. 10372 #= CV7CIAl RECORDS BEING A S?i=?IP Of LAND 15.00 K!TIN MDTH, L MNG Z5 fZJ ON .GlCH SIDE AND PARAUEL t&Vi ?B, FOUOMNG DESCRBZ) KNZZhNE PARCEL f BEGINNING A J 7HE MOS J SOU?HmL Y 7lRMNUS of lHE SOU7HKS7lXL Y i&NE OF SAID LO J 28 .W’D POINJ A.! SO BEING A NOR?Mi?L Y ?Z%!!NUS OF A CURM CONGA ti NORJMT?l Y HA MNG A RADIUS OF 2000 KEJ AND A CENTRAL ANGikT Of 80566’58: RADIAL 6&4RING A J S41D PO/NJ BEING NORJH 5175’01. EASF ?LEVE NoRZ’i 38*74~9- h5Sb ALONG ?HE SAID SOUMVZXQL Y UivE OF LOJ 28, 116.67 f=z 7HGVCE ALONG A TANGt’NJ CURVE CONGA M NOR?bEAS7;FR Y HA MNG A RADIUS OF 364.00 FiTJ 7ZROUGH A CENTRAL ANGLE OF 4LT3Df: A KNGh’f OF 2891 ITiT A RADIAL UiyE ?KROUGH SAID POINJ BEING NOR?H 55’48’03’ &4ST; SAID POINJ ALSO BEING ?HE iT?UE POINJ OF BEGZNNINNG. 7MWCE ALONG SAID GwiZ’TUNE NORr3/55’48’oj’ EiSb 5406 tZEJ JO A POINJ HmEINm REIRRLD JO AS POINJ “A 3 ?MiVCE NORl?f 237135’ KS7; 10.00 t=KEJ JO A POINT HERffNAFER RmRED JO AS POINJ “BT ?MNCE NORW 2377’35’ KS,: 140.61 kTEJ JO A POINJ HEREINAARER RmRRa7 JO AS PO/NJ =C: ?MWCE NORTH 2377’35’ GLV 262 AGE< THENCE NIA4?H &?~9’f9’ E&c 67.32 tTEc ??i’CE NORiT 5873’12’ EkSi: M58 KEJ JO A POINJ fftX7NAF~R RiTkTRLD JO AS POINJ “0: ?KNCE NOR%’ 5873’12’ E4SI; 152.16 EEC mmC!- NOR?&’ Jf’46’48’ MIS,: 10.00 kT!TEZ JO A POINJ HEREfiiAF?ZR REmR5 JO AS PO/NT 2: ?HG’KE NORTH 3f’M’%8’ E&Z 2250 f7TEJ JO ?hE NORM.KS7ZRL Y UNE OF SAID LOT 28. ?TfE SIDsQXNES OF SAID S?i%PS Of LAND JO BE LENGIVENNED OR SHORlEivED JO MEfl AT ALL ANGIL- POINTS AND ?ZRMNA 7E A J ?XE SAi=D SOU&%hZXRL Y L 0 J LINE AND A J SAID NoRmKSmL Y LO J L/NE PARCQ 2 ALSO BEGINNING A J WE ABOM MEN?TONm POINJ ‘A ; i?&+‘CE SOU?H 35’56’33’ &4SJ, ?25f9 ,TZ-J JO A PO/NJ OF 7ERMINUs5-i ALSO BEGINNING AJ ?HE ABOVE MBVTONED POINT 8: ??/ENCE NOR7h’ 66V225’ L4SZ 1880 FbEJ JO A POINJ OF Z-Rh4INU.T PARC0 4 ALSO BEGINNING A J ?HE A6OM MiVRz)NED POINJ *C: ?HI%‘~ SOU7?iJ 66’4225. KSC 1891 RTEJ JO A POINT Of JZXMINUS PAR&! 5 ALSO BEGINNING A J ??fE A60 M MG4?7ONW POIN J =D: THENCE SOUJH 31’46’48’ &4SZ 25.50 FZEJ JO A POINJ Of ?BMNUS ALSO BEGINNING AJ ?HE AEOM h&‘i~ON~ POINJ ‘ET 7hEVCE NOR?H 5873’12’ GISi: M5f FiZEJ JO A POINJ OF ?ERMINU.. RC& 25068, tX%REEs: 12-31-93 CMtt!D. 89 - C - 308 y.*.yy a,) I , 5 . , r I - - , - EXHiBlT “B” f’- / / / 1. \ \ 1612 -j-r\ 1 /\ -I- r’ 1 I\ .A Il.r-III J /I-/f I I #/-I Id t , -r I- I , ,. T . . n L !,’ 8’ ‘-!C CM.KD. 89 - C - 308 - -. I .,I . * ’ a N ACCEPTING WATERLINE EASEMENT FOR LOT 28 CT. 74-21 ON SEA OTTER PLACE VICINITY MAP WSCAIE PROJECT NAME: LCIKER AVENUE EAST PRCI JI NO, PD 361 CMWD 89-C.308 EXHIBIT II