HomeMy WebLinkAbout1990-06-19; Municipal Water District; 028; Grant Deed & Subordination Agreementi-1WD - .AGENDA BfLL -
AEL-Q&L- TITLE-
MTG. L-19-40 A-CCEPTANCE OF GRANT DEED AND SUBORDINATION AGREEMENT FOR WATERLINE PURPOSES
DEPT. ENG. CMWD PROJECT NO. 88-C-289
RECOMMENDED ACTION:
Adopt Resolution No. 666 ----- accepting a Grant Deed and Subordination Agreement for Waterline purposes.
ITEM EXPLANATION:
J. Jeff Pence, trustee of the John Jan Jeffrey Pence Family Trust U/D/T dated April 18, 1977, c. Pisarik and L. Taylor Gerry, developers of the subject project, have granted an easement as directed in the attached documents. The easements are granted to the District for maintenance and operation of the water service to the project. The Independent Order of Foresters, 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 4, Parcel Map 11589. The subject project is located on the south side of Cosmos Court east of Yarrow Drive.
Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes.
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. A Grant Deed and a Subordination Agreement from J. Jeff Pence, trustee of the John Jan Jeffrey Pence Family Trust U/D/T/ dated April 18; 1977, C. Pisarik and L. Taylor Gerry dated & & //Y& . I
3. 'Resolutio No. 666 accepting a Grant Deed and Subordination Agreement for waterline purposes.
CMWD 88-C-289
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ACCEPTING WATERLINE EASEMENT FOR LOT 4 BUILDING ‘D’ ON COSMOS COURT.
A N
VICINITY MAP NnscALE
PROJECT NAME:
COSMOS COURT
PRClJu NO‘
PE 2888.28
CMWD 88-C.289
EXHIBIT
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PLEASE RECORD THIS NO FEE AS IT IS TO DOCUMENT AT THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO:
Car&bad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 213-050-43 Project Name & No. Lot 4, Parcel Map 11589 CMWD 88-C-289, P.E. 2.88.2
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DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
Aletha L. kranz, Secretary Board of Directors
EASEMENT
J. Jeff Pence, trustee of John Jan Jeffrey Pence Family Trust U/D/T dated April 18, 1977, as to an undivided 50% interest; C. Pisarik, a married woman, as her sole and separate property, as to an undivided 10.42% interest; and L. Taylor Gerry, a married man, as his sole and separate property, as to an undivided 39.58% interest, all as tenants in common, 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.
Said facility may include pipelines, pumping facilities,
NO FEE
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 s'
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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 TEE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit llA1' and Exhibit trBrl attached hereto and by this reference made a part hereof.
J. JEFF PENCE, trustee of the John Jan Jeffrey Pence Family Trust U/D/T dated April 18, 1977, as to undivided LR1x, 50% interest; C.
a married woman, as her sole and separate property, as to an undivided 10.42% interest: and L. TAYLOR
all as tenants, Bd/&sG &ji& J. JEFF PEN'Y'E,flrustee
c. PISARIK
/ /
Dated June 20, 1990
(Attach Notary Acknowledgment)
CMWD 88-C-289
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This is to certify that the interest in real property
conveyed by the Deed dated May 22 --------,I 1990,
from J. Jeff Pence, trustee of the John Jan Jeffrey Pence Family
Trust U/D/T date.d April 18, 1977, as to an undivided 50%
interest; C. Pisarik, a married woman, as her sole and separate
property, as to an undivided 10.42% interest: and L. Taylor
Gerry, a married man, as his sole and separate property, as to a
39.58% interest, all as tenants in common, 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 --m----------f 1990, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED June 20 , 1990.
CARLSBAD MUNICIPAL WATER DISTRICT By:
Carlsbad Municipal Water District
CMWD 88-C-289
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Notary Acknowledgment for Lot 4, Parcel Map 11589
State of CALIFORNIA 1
County of CFUWGE ) ss 1
On this 21St day of MAY in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared J. Jeff Pence, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it.
State of California )
1 ss County of Oranqe 1
On this 22nd day of May in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared Christina Pcsarik personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument. and acknowledged that she executed it.
(Sl'gnatfie of Notary)
RAQUEL TARANd
(Seal of Notary)
State of California
i ss County 0f Orange 1
On this 22nd day of May in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared L. Taylor Gerry personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument. and acknowledged that he executed it. z---u-
OFFKML SEAL ’ RAQUELTARANO Nomy ~cfnia CMNGE~NPI
JLv (S%jnatire of Notary) (Seal of Notary) &l’W~ 8&C-289 -_ --
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ANDREX CENTER BUILDING “D”
LDT 4 PM 11589
LEGAL DESCRIPTION
WATERLINE EASEMENT
THAT PORTION OF LOT 4 OF PARCEL MAP NO, 11589, IN THE CITY OF
CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, . FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14,
1981, LYING 5.00 FEET EITHER SIDE OF THE FOLLOW I NG DESCR I EED
CENTERLINE:
COMMENCING A'T THE NORTHEAST CORNER OF SAID LOT -4; THENCE WESTERLY
ALONG THE.NORT&ERLY L.INE OF SAID LOT 4,.NORTH 89-24-16 WEST 75.00
FEET TO THE TRUE PDINT OF BEGINNING; THENCE LEWJING SAID
NORTHERLY LINE, SOUTH 00-35-44 WEST- 15.00 FEE+.* 30 A POINT OF
TERMINUS-
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (Gove CODE [6103]) )
RECORDING REQUESTED BY AND 963L -5 pJ/f: 35
WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Space above this line for Recorder's use. A.P.N. 213-050-43
CMWD 88-C-289
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN TEE 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 s/@ day of -1
1990 by J. Jeff Pence, trustee of John Jan Jeffrey Pecce Family
Trust U/D/T/ dated April 18, 1977, as to an undivided 50%
interest; C. Pisarik, a married wcman, as her sole and separate
prop=-W, as to an undivided 10.42% interest; and L. Taylor
Gerry, a married man, as his sole and separate property, as to an
undivided 39.58% interest: all as tenants in common, hereinafter
referred to as "Owner V1 I owner of the land and The Independent
Order of Foresters hereinafter referred to as "Beneficiary";
present owner and holder of the deed of trust hereinafter
described;
WITNESSETH
THAT WHEREAS, Richard R. Stenton, trustee for the
Stenton Family Trust, as to an undivided 50% interest: C.
Pisarik, a married woman, as her sole and separate property, as
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to an undivided 10.42% interest; and L. Taylor Gerry, a married
man, as his sole and separate property, as to an undivided 39.58%
interest: all as tenants in common, did execute a deed of trust,
dated December 10, 1989, to Continental Land Title as trustee,
covering Lot 4, Parcel Map 11589 in the City of Carlsbad, County
of San Diego, State of California, according to Map No. 11589
filed August 14, 1981, to secure a note in the the sum of
$1,900,000.00 dated December 10, 1989 in favor of The
Independent Order of Foresters recorded in the office of the
County Recorder of San Diego County on December 14, 1989 as
FILE/PAGE NO. 89-678059 of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated #&?Vd2, /9Z3 , 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
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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:
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
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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
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
NAME -& TITLE
BENEFICIARY: CITIBANK, N.A., THE TRUSTEE BY DEED OF TRUST IN TEE UNITED STATES, OF THE INDEPENDENT ORDER OF FORESTERS, PURSUANT TO TRUST INSTRUMENT ENTITLE DEED OF TRUST, DATED NOVEMBER 21, 1941, AS AMENDED BETWEEN THE INDEPENDENT ORDER OF FORESTERS AND TEE NATIONAL CITY BANK OF NEW YORK FEBRUARY 28, 1990 AS FILE/PAGE NO. 90-107480 OF OFFICIAL RECORDS.
WE FAUWER
kehter We PreeUnt - I “.. . NAME & TITLb
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OWNER: J. JEFF PENCE, TRUSTEE OF JOHN JAN JEFFREY PENCE FAMILY TRUST U/D/T/ DATED APRIL 18, 1977, AS TO AN UNDIVIDED 50% INTEREST; C. PISARIK, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 10.42% INTEREST; L. TAYLOR GERRY, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED INTEREST; ALL AS TENANTS IN COMMO
NOTE THAT THE PRESIDENT OR VICE-PRESI ENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CO $0 RATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF HE 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 MATTER.
IT IS RECOMMENDED THAT, SUBORDINATION AGREEMENT, THE WITH RESPECT THERETO.
Approved as to - form:
PRIOR TO THE EXECUTION OF THIS PARTIES CONSULT WITH THEIR ATTORNEYS
(Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached.
C!MWD 88-C-289
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State of CALIFORNIA 1
1 ss County of ORANGE 1
On this 21st day of MAY in the year of 1990, before me, the undersigned, a notary p&lic in and for said state, personally appeared J. Jeff Pence, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed.
State of State of California California 1 1
Orange Orange 1 ss 1 ss County of County of 1 1
On this On this 22nd 22nd day of day of May May the undersigned, a notary publi& the undersigned, a notary publi& in the year 1990, in the year 1990, before me, before me, in and for said in and for said state, personally appeared C. state, personally appeared C. Pisarik, personally known to me (or Pisarik, personally known to me (or proved to me on the basis of satisfactory evidence) to be the proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, person whose name is subscribed to this instrument, and and acknowledged that she executed it. acknowledged that she executed it. ,*- .- ,*- .- - -
(Seal 0 f Notary)
re of Notary) re of Notary) (Seal of Notary) (Seal of Notary)
State of California 1 1 ss County of Orange 1
On this 22nd day of May in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared L. Taylor Gerry, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed acknowledged that he executed it.
(Signap re of Notary) (Seal of Notary)
to this instrument. and
OFFICIAL SEAL FlAQUEL TARANO Notay -fo”lih ORANGECOUNP
CMWD 88-C-289
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I Notary Acknowledgement for Lot 4, Parcel 11589
State of N.Y
County of N.y
1 1 ss 1
On this 31s7 day of HflY in the year 1990, before me, the undersigned a notary public in and for said state, personally appeared $&-c/&70& S.rt/cCIAR~~E, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. instrument, and acknowledged that he (she or they) executed it.
County of A/ i
(Seal of Notary)
On this 3tfl day of WY in year 1990, before me, the undersigned, a notary ublic in and for said state, personally appeared GEti& FA personally known to me (or proved to me on the basis of batisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
Cert. Fiisd III Mew York Count Commission Expires Dec. 31,19 f q..
(Seal of Notary)
CMWD 89-C-289
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ANDREX CENTER BUILDING "D" LDT 4 PM 11589 LEGAL DESCRIPTION WATERLINE EASEMENT
THAT PORTION OF LOT 4 OF PARCEL MAP NO- 11589, IN THE CITY OF
CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALLFORNIA, . FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1981, LYING 5.00 FEET EITHER SIDE OF THE FOLLOW I NG DESCR I BED
CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER DF SAID LOT-4; THENCE WESTERLY
ALONG THE ..NORX-iERLY L.INE OF SAID LOT 4, .NORTH 89-24-16 NEST 75.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 00-X5--44 WEST. 15.00 FEET,* JO A POINT OF
TERMINUS.
EDWS-2301 KOWSOl-Ol.LGL
HI 8P”~4*/6”~ _
- COSM$$OS3~OURT A/: 89 O 24*/6’W . - &- -
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RESOLUTION NO. 666
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 4, PARCEL 11589, CMWD 88-C-289
WHEREAS, J. JEFF PENCE, trustee of the John Jeffrey Pence
Family Trust U/D/T dated April 18, 1977, C. Pisarick and L.
Taylor Gerry, have submitted a Waterline Easement conveying an
easement to the Carlsbad Municipal Water District for waterline
purposes over a portion of Lot 4, Parcel Map 11589; a
Subordination Agreement from The Independent Order of Foresters,
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 J. Jeff Pence, trustee of the
John Jeffrey Pence Family Trust U/D/T dated April 18, 1977, C.
Pisarik and L Taylor Gerry dated May 22, 1990 conveying
an easement for waterline purposes and a subordination agreement
from The Independent Order of Foresters to agree that foreclosure
or other enforcement of rights under said deed of trust shall not
affect said easement over a portion of Lot 4, Parcel Map 11589
which is on file with the Carlsbad Municipal Water District and
20 is incorporated herein by reference, is accepted.
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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 19th day of
June I 1990 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
(SEAL) .
CMWD 88-C-289