HomeMy WebLinkAbout1990-08-14; Municipal Water District; 041; Grant Deeds & Subordination Agreements. , A
,MWD - -AGENDA BiLL d
zfl%f7F? ACCEPTANCE OF GRANT DEED AND SUBORDINATION
DEPT. ENG. AGREEMENT FOR WATERLINE PURPOSES CMWD PROJECT NO. 88-C-252
RECOMMENDED ACTION:
DEPT. HD.
Adopt Resolution No. 677 ---- accepting a Grant Deed and Subordination Agreement for Waterline purposes.
ITEM EXPLANATION:
Marlborough Development Corporation, 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. Security Pacific National Bank, beneficiary 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 1, Windsong Shores, Carlsbad Tract 83-4. The subject project is located east of Iiarbor Drive south of Chinquapin Avenue.
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 arlborough Development Corporation dated
3. Resolution No. 677 accepting a Grant Deed and ----- Subordination Agreement for waterline purposes.
CMWD 88-C-252
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0 I WATEU EASEMEJT ACQb!!REL’
LOCATION MAP
NOT TO SCALE
9fa7- L -Z
‘ROJECT NAME
V-‘YDSONG SHORES
-_ _
c44wD623-c. 252
PROJECT
NO.
f? R. 3 X37,
JN 300-2
. 215’0
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 206-222-23 Project Name & No. Lot 1, Windsong Shores
Carlsbad Tract 83-4 CMWD 88-C-252
- 90 473308
hlQ FEE
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
Aletha L. Rautenkranz, Se&etary Board of Directors
EASEMENT
MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation, 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, 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 from said facility for the purpose of constructing, operating,
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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 "A1' and Exhibit llBrl attached hereto and by this reference made a part hereof.
MARLBOROUGH DEVELOPMENT CORPORATION, a California
corporation
BY
BY
1//&L - President
Secretary
R DISTRICT
Dated
(Attach Notary Acknowledgment)
CMWD 88-C-252
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‘$?I52 4
This is to certify that the interest in real property
conveyed by the Deed dated May 16 -----mm- -----I 1990,
from MARLBOROUGH DEVELOPMENT CORPORATION, a California
corporation, 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 August 14 , 1990, and
the Grantee consents to recordation thereof by its duly
authorized officer.
DATED , 1990.
CARLSBAD MUNICIPAL WATER DISTRICT
By:
CMWD 88-C-252
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* ~ 9353 -
Notary Acknowledgment for Lots 1 & 2, Windsong Shores, C.T. 83-4
State of
County of
On this /h day of 1990, before me, the undersig state, personally appeared personally known to me (or
in the year lit in and for said
on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president m or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Seal of Notary)
State of
satisfactory evidence) to be the person who executed the within instrument as w (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Seal of Notary)
SOCC'RRO M GARCIA
NOTARY PUBLIC - CALJFORNIA
RIVERSIDE cw)NIy hty mmm. expires FEE 20, 1983
CMWD 88-C-252
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215 4
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 1, CARLSBAD TRACT NO. 83-4, IN THE CITY OF CARLSBAD, CODNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11454, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 10, 1966, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID MAP NO. 11484, DEFINED AS THE INTERSECTION OF THE LINES BEARING NORTH 61"20'49" EAST AND SOUTH 70"47'21" WEST; THENCE ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 29.20 FEET TO THE TRtJE POIU YF RFGINNING. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 139.46 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 17"37'07" EAST 24.60 FEET; THENCE SOUTH 72"22'53" WEST 18.00 FEET; THENCE NORTH 17"37'07" WEST 9.00 FEET; THENCE SOUTH 72"22'53" WEST 119.12 FEET; THENCE NORTH 28"39'11" WEST 11.94 FEET TO THE TRtJE POINT OF BE-.
ABOVE DESCRIBED WATER EASEMENT CONTAINS 2052.63 SQ. FT. MORE OR LESS.
PREPARED BY:
CROSBY MEAD BENTON AND ASSOCIATES
R.C.E. 14594 REGISTRATION 'EXPIRES 3-31-93 12-4-89
CAP/ WW
CMwD &@t?- c. 252
l . .,, 3155 , -L v--
0 I WATER EASEMENT ACQU/RED
LOCATION MAP
NO7 70 SCALE
5+&9- _/ =‘FZ CMWD m-c. +%?
=ROJECT NAME PROJECT EXHIBIT
VR,rDSONG SHORES NO. B t? R. 3.7.37 -. .
.lN 3flO-2
EXHIBIT “B”
-i \ \ -
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VICINITY MAP FLAT TO ILLUSTRATE
N.T. S. WATER EASEMENT
SU&5T z og2
PROJECT NAME
WINDSONG SHORES
c%fwo &5-c. 252
PROJECT EXHIBIT
NO. B P.R. 3.7.37
PIlEASE RECORD THIS DOCUMENT AT -m.-. _ . . /Fi s z. NO FEE AS IT IS TO THE BENEFIT * ~ .: _ - .-. _ -- .i . i OF THIS DISTRICT (GOV. CODE [6103]) ) .: _--
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO .' i .c..- -_ _T F ;.j i F :. ii *-. ?ty: I=-; +., 4 ..-_ 2, 3.2 'i! ! ; : 5 2 pii ii
1 '; i
Carlsbad Municipal Water District i j_.. i . . i. I: -.. < i : J- 1.. ;:
5950 El Camino Real . ;
7 ;::,-*I _. ;.: .:-.. 1 \ L- -..d && FEE Carlsbad, California 92008 1 Space above this line for Recorder's use. A.P.N. 206-222-23 CMWD 88-C-252
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
19;:> by MARLBOROUGH DEVELOPMENT CORPORATION, I a California
corporation, hereinafter referred to as llOwner,ll owner of the
land and SECURITY PACIFIC NATIONAL BANK, a National banking
association, hereinafter referred to as "Beneficiarytl; present
owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, MARLBOROUGH DEVELOPMENT CORPORATION, a
California corporation, did execute a deed of trust, dated
October 8, 1986, to EQUITABLE DEED COMPANY, a California
corporation, as trustee, covering Lot 1, Windsong Shores,
Carlsbad Tract 83-4 in the City of Carlsbad, County of San Diego,
State of California, according
to secure a note in the the
8, 1986 in favor of SECURITY PACIFIC NATIONAL BANK, a national
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< ’ 0 * ’ . ii50 4
banking association recorded in the office of the County Recorder
of San Diego County on February 2, 1989 as File/Page No. 89-
057987 of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated May 16, 1990 , 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,
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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
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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 SECURITY PACIFIC NATIONAL
BANK, a national banking
association
@msLA~%.~~ SIGNATURE b TITLE\I;&&&&&
\ (y ((. i‘- ‘,-----..--.~~~-
SIGNATURE & -TITLE i,,( < r; ;.A~x...t
OWNER: MARLBOROUGH DEVELOPMENT
CORPORATION, a California
corporation
SIGNATURE d TITLE 5~&/e67.. Y
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS
DOCUMENT. ALTERNATELY A TRUE COPY OF TEE 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, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
Notarial acknowledgment of execution by OWNER and BENEFICIARY must be attached. /
CMWD 88-C-252
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Notary Acknowledgment for Lots 1 &' 2, Windsong Shores, C.T. 83-4
State of C?/1fwnwL 1
County of L65 d
On this /7y& day of before me, the undersigned, state, personally personally known to me satisfactory evidence) of the Security Pacific National Bank, ----?I----- the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
(Signature o@Notary) (Seal of Notary)
OFFiCIAL SEAL EMOGENE OBA NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY MY Commission ExDires Dec. 13. 1991
County of & A,,/&3 1 ss 1 J
On this / 7f-h day of before me, the undersigned, state, personally appeared *ii ,
l A personally known to me (or proved to AmE on the basis 0; satisfactory evidence) to be v/cc ~p'e~rd&~f of the Security Pacific National Bank, the associatidn that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
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CMWD 88-C-252
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(Seal of Notary)
NOTARY PUBLIC-WFOCZNIA
LOS ANGELES COUNTY
. 9
’
Notary ackno:ledgment
ghs2 -4
for Lots 1 & 2, Windsond Shores, C.T. 83-4
State of County ofe* i ss
I
On this said state, -2 day of .)?ff$/ ,J;zA~>~,tj'y=~~;; ~990, for personally appear d personally known to me (or proved to me on the basis ok satisfactory evidence) to be the person who executed the within instrument as president (e) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Seal of Notary)
State of ~~&~2 )
County of ,&by- ; ss _-
On this _L" day of before me, the undersigned state, personally appeared personally known to me ( satisfactory evidence) to be the person who executed the within instrument as -(or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Seal of Notary)
OFFICIAL SEAL SOCCHX? M GARCIA NOTARY PUBLIC - CALIFORNIA
CMWD 88-C-252
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: ., . . 2163 -4
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 1, CARLSBAD TRACT NO. 83-4, IN THE CITY OF CARLSBAD, COlJNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11484, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 10, 1986, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID MAP NO. 11484, DEFINED AS THE INTERSECTION OF THE LINES BEARING NORTH 61"20'49" EAST AND SOUTH 70"47'21" WEST; THENCE ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 29.20 FEET TO THE TRtJE POW BEGJNNTNG. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 139.46 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 17"37'07" EAST 24.60 FEET; THENCE SOUTH 72"22'53" WEST 18.00 FEET; THENCE NORTH 17"37'07" WEST 9.00 FEET; THENCE SOUTH 72"22'53" WEST 119.12 FEET; THENCE NORTH 28"39'11" WEST 11.94 FEET TO THE TRlJE POTNT OF BE-.
ABOVE DESCRIBED WATER EASEMENT CONTAINS 2052.63 SQ. FT. MORE OR LESS.
PREPARED BY:
CROSBY MEAD BENTON AND ASSOCIATES
R.C.E. 14594
12-4-89
CAP/ WH/
CMwD a- c. 252
0 I WATER EASEMEiVT ACQU/RED
LOCATION MAP
NOT TO SCALE
-5+&S’- _/ OFZ CMn/Q LB-c.252
PROJECT NAME PROJECT EXHIBIT
“‘:!4DSONG SHORES NO. B RR. 3.7.37 -__
JN 300-2
, ,. / : . . 1 i , 3165 .I I
EXHIBIT ‘IB”
p /f 8 s4 Y .y=@ *
0+
SC@
+* 9
’ VICINITY MAP FLAT TO ILLUSTRATE
N.T. S. WATER EASEMENT
SU6.5T c arc c4fulD &J-c. 252
PROJECT NAME PROJECT EXHIBIT
WINDSONG SHORES NO. B P.R. 3.7.37
JN 300-2
.
RESOLUTION NO. 677
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 1, WINDSONG SHORES, CARLSBAD TRACT 83-4, CMWD PROJECT NO. 88-C-252
WHEREAS, MARLBOROUGH DEVELOPMENT CORPORATION, a California
corporation has submitted a Waterline Easement conveying an
easement to the Carlsbad Municipal Water District for waterline
purposes over a portion of Lot 1, Windsong Shores, Carlsbad Tract
83-4; a Subordination Agreement from Security Pacific National
Bank, a national banking association, 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 Marlborough Development
Corporation dated May 16, 1990 conveying an easement for
waterline purposes and a subordination agreement from Security
Pacific National Bank to agree that foreclosure or other
enforcement of rights under said deed of trust shall not affect
said easement over a portion of Lot 1, Windsong Shores, Carlsbad
Tract 83-4, which is on file with the Carlsbad Municipal Water
District and is incorporated herein by reference, is accepted.
3. That the Secretary of the Board is authorized to cause
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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 14th day of
August # 1990 by the following vote, to wit:
AYES: Board Member Lewis, Kulchin, Larson, Mamaux and Pettine
NOES: None
ABSENT: None . .
UDE A. LEWIS, President ATTEST:
ALETHA L. RAUTENKRANZ, Secreqary
(SEAL)
CMWD 88-C-252
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PLEASE RECORD THIS NO FEE AS IT IS TO
963
DOCUMENT AT THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 213-092-09 Project Name & No. Madison Square-Phase II-Lot 19
CMWD Project No. 89-C-293
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
Aletha L. Rautenkranz, Sedretary Board of Directors
EASEMENT
MADISON SQUARE DEVELOPMENT II, a California general 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.
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 "Al1 and Exhibit
IIBll attached hereto and by this reference made a part hereof.
MADISON SQUARE DEVELOPMENT II, a
California general partnership
By:
By:
By:
KOPPEYT STRASSE, INC.,
a cpl.*,fornia corporation , ( i \ -l 1, i
By=; k * ‘\ $&.-~~
YGERALD BOSSTICK,
PURE LUCK, INC. a California corporation
TWENTY-SEVEN M.H., INC., a California corporation
MAXIM0 RADDAD, President
/
2
(Attach Notary Acknowledgment)
Dated Jgj&%~
CMWD 89-C-293
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. 1 P-9 ’ 6
This is to certify that the interest in real property
conveyed by the Deed dated July 6 , 1990,
from MADISON SQUARE II, a California general partnership, as
grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water
District Act of 1911, as amended, is hereby accepted by order of
the Board of Directors of the Carlsbad Municipal Water District
on August 14 , 1990, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED /7 , 1990.
CARLSBAD MUNICIPAL WATER DISTRICT
By: ALETHA RAUTENKRANZ, Secr&ary
CMWD 89-C-293
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Notary Acknowledgement for Lot 19, Madison Square Development II (Subordination Agreement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On ;igq '.J iiiq c
fi'\kL rfl I.Z(CC. ! p No;ary before me, the undersigned, Public in and for said State, personally appeared<- jZr;/.~c,~ lLcKfWX2q proved to me on the basis of satisf&ctory evidence to be the person who executed the within instrument as the President of Cl i,i;l', I,i,l C-2 I \lflC .
a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
,/-‘
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/----‘- /’ L.-y i&-,, ( ‘. /:/’
L.---. , i’, y$(.r!/./ / &/ ,//f‘ ~&‘, -\ _...- ----..
OFFICIAL SEAL ERIKA M. WOOLF NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFACE IN SAN OIEGO COUNTV
Mr Commrwon Excwa hril 16.
968
Notary Acknowledgement for Lot 19, Madison Square Development II (Subordination Agreement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On ;ui~Lj /;1, (r(L;a before me, the undersigned, Nokary Public in and for said State, personally appeared (Ii<yj-.t j/i &4,-yqq-j <‘ L proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of ki t?O?PVi- ‘<\Tfl~~p,,ij?C . California' corporation 'the corporation that executed thae within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
/---- f -- /-
9% / ---- ,/ /,:y
/ A--.., , \_ ‘&,..I! y/ !i /y-y/ *,-, I’ ‘.f L,/ ._ -i -----A.... -- I t
Notary Acknowledgement for Lot 19, Madison Square Development II
(Subordination Agreement)
STATE OF CALIFORNIA ) ) ss.
COUNTY OF SAN DIEGO )
On June 29th, 1990, before me, the undersigned, Laursel Cambell, a Notary Public in and for said State, personally appeared MAXIM0 HADDAD, proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
President of TWENTY-SEVEN M.H., INC., a California corporation,
the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
BUC - CALIFORNIA
. P.R. 3.5.ri6 ., _'
' / _ ' EXHIBIT "A"
A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH 5
THE FOLLOWING DECRIBED CENTERLINES OF LINE A,E,C 6 D: 0
LINE "A"*
ALL THAT'PORTION OF LOT ly OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD, OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
AS FILE NO. 81-294627 BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E.
18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE
COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE FROM SAID POINT OF BEGINNING
ALONG THE COMMON BOUNDARY LINE s 64"06'02" w 215.00 FEET To P0lN-r INAPT, AND THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE S 25"53'58" E 83.84 FEET; THENCE
S O"33'35" W 18.00 FEET TO POINT "8"; THENCE CONTINUING S O"33'35" W 79.08 FEET;
THENCE S 89'26'25" E 231.41 FEET; THENCE N 4y"O6'02" E 46.52 FEET TO A POINT OF
TERMINUS, SAID POINT BEING A POINT OF INTERSECTION WITH THE CENTERLINE OF AN
EXISTING 15 FOOT WIDE WATERLINE EASEMENT OF RECORD ON MAP NO. 10198.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT
ALL ANGLE POINTS AND TO BEGIN ON SAID COMMON BOUNDARY LINE AND TO END ON THE WESTERLY
SIDELINE OF SAID 15.00 FOOT WIDE EXISTING WATERLINE LINE WHICH BEARS N 4"06'02" E.
LINE "B":
BEGINNING AT THE AFORESAID POINT "B"; THENCE N 8y"26'25" W 47.86 FEET TO A POINT OF
TERMINUS.
LINE "C":
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE N 89"26'25" w 83.00 FEET
ALONG THE SOUTHERLY LINE OF SAID LOT 19, TO A POINT OF INTERSECTION WITH THE CENTER-
LINE 0F AN EXISTING 15 FOOT WIDE WATER EASEMENT OF RECORD ON MAP No. 10198; THENCE
N 4"06'021' E ON SAID CENTERLINE, 57.91 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF LINE "A", S4lD POINT ALSO BEING THE POINT OF TERMINUS OF SAID LINE "A";
THENCE CONTINUING N 4°06~02~~ E ON THE CENTERLINE OF SAID 15 FOOT EXISTING EASEMENT
32.37 FEET TO POINT "C", AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE CENTER-
LINE OF A 10 FOOT WIDE WATERLINE EASEMENT S 85"53'58" E 25.26 FEET TO A POINT OF
TERMINUS.
LINE "D":
BEGINNING AT THE COMMON CORNER OF LOTS 18 AND ly OF SAID MAP; THENCE ALONG THE
EASTERLY RIGHT OF WAY OF PASEO DEL LAG0 S 25"53'58" E 30.5 FEET TO THE CENTERLINE OF
AN EXISTING 10 FOOT X 10 FOOT WATERLINE EASEMENT, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING; THENCE ALONG SAID CENTERLINE N 70~53'58~~ w 17.68 FEET; THENCE s 64"06'02" W
20.00 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT
ALL ANGLE POINTS AND To END ON THE WESTERLY RIGHT OF WAY OF PASEO DEL LAG0 AND THE
WESTERLY SIDELINE OF SAID 10.00 FOOT WIDE EXISTING WATERLINE EASEMENT.
CMWD 89-C.293
+
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-- :2 / X4!WT ‘B” _ \ ‘- -r7/d?j
/ Y
\ GKAP///c SCULE.’ I’=40 *
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L/NE%‘-
HENRY WORLEY ASSOCIATES cm,‘HG,*~‘“I*a (I ,Ynvc.I*o a w*D*a
‘. . . . /
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND ?t-t--4 $a+. WHEN RECORDED, PLEASE MAIL TO 1 j:yzj “ 3 *---t 17 pI!2:23
Carlsbad Municipal Water District ; L'E~$$t.:q 7 I :?I g; f<j& 7 ,y !,. ?- *" - *I i.r. 51;-;rir; i 5950 El Camino Real . . . . % ..-. ;.>t p .t
Carlsbad, California 92008 j Space above this line for Recorder's use.
A.P.N. 213-092-09
CIW7D Project No. 88-C-293
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.
240 I THIS AGREEMENT, made this day of ul*j? I
1922 by MADISON SQUARE DEVELOPMENT II, a California general
partnership hereinafter referred to as t'Owner,ll owner of the land
and SECURITY PACIFIC NATIONAL BANK, a national banking
association hereinafter referred to as llBeneficiaryll; present
owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, MADISON SQUARE DEVELOPMENT II did execute
a deed of trust, dated August 7, 1989, to EQUITABLE DEED COMPANY,
a California corporation, as trustee, covering Lot 19, Carlsbad
Tract 80-38, Madison Square-Phase II in the City of Carlsbad,
County of San Diego, State of California, according to Map No.
10198 filed September 15, 1981, to secure a note in the the sum
of $4,600,000.00 dated August 7, 1989 in favor of SECURITY
PACIFIC NATIONAL BANK recorded in the office of the County
1
Recorder of San Diego County on November 27, 1989 as FILE/PAGE
NO. 89-637130 of Official Records/of said county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated July 6, 1990 I 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,
understood and agreed as follows:
2
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
monetary and other obligations are being and will be entered into
3
‘.: .
bY the Easement Grantee, other lenders and title insurance @?tf
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:
SECURITY PACIFIC NATIONAL
BANK, a national banking
association
BY
NOTE THAT THE PRESIDENT OR
OWNER:
MADISON SQUARE DEVELOPMENT II, a California general partnership
By: XOEPPFERT STRASSE, INC., a California corporation --*.. '\
By:
By (g& p& <+p&fl
NORMAN, P&sident
/ By: TWENTY-SEVEN M.H., INC.
a California corporation By i&g,g&~&s
MAXIM0 HADDAD, President
VICE-PRESIbENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CO,&PORATE EXECUTIONS OF THIS
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 MATTER.
4
I ’
’ . .
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.
CMWD 89-C-293
5
.’ .
Notary Acknowledgement for Lot 19, Madison Square Development II
1 State of j ss
County of so_MD i&n 1
J On this & day of &Iv in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared w-&+1) WahWki personally known to me (or proGed to me on the basis ok satisfactory evidence) to be $ic& 4/eS,C/a,~r of the Security Pacific National Bank, the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board
(Seal of Notary)
State of
County of
1 1 ss 1
On this day of in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be of the Security Pacific National Bank, the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
(Signature of Notary) (Seal of Notary)
CMWD 88-C-293
Notary Acknowledgement for Lot 19, Madison Square Development II (Easement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
before me, okary Public in the undersigned, and for said State, personally appeared ,2&3Zr' ~<CWlfitl proved to me on the basis of satisfactory evidence to be f he person who executed the within instrument as the President of .JfdLW\x'L i )UX. California I corporation the corporation that executed thae within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
* . -
Notary Acknowledgement for Lot 19, Madison Square Development II (Easement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
- On i \ I,.( L 1 the flf'l.iLht (~1. (,ii r;,f, i i '
\i I ! wo , before me, undersigned, ' NotarT Public in and for said State, personally appeared &i,-L\ifl fXS3fii?'E proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of 1[2?&Y-l- <?Wlj:5st' I lot. a California " corporation: the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. _ _.--. /-:I. .; --. c-:‘- i’ . / -’
LLa. 2.11i!L,.“rL.,I_, /
.&p-/- ---------_. \. ‘.\
NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN
Notary Acknowledgement for Lot 19, Madison Square Development II (Easement)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGC
1 ) ss.
1
On June 29th, 1990, before me, the undersigned, Cambell, a Notary Public in and for said State, personally MAXIM0 HADDAD, proved to me on the basis of satisfactory
Laursel appeared evidence to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. --T lf -cL\ds : /’ c- ,.; : /LA/ 1
.LCAMBELl
i NOTARY PUBLIC - CAUFORW SAN OIEGO COUNl’?
My Comm. Eqhs Oct. 241990
: ,. P.R. 3.5.66 - . . . . ' EXHIBIT "A"
A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH g
THE FOLLOWING DECRIBED CENTERLINES OF LINE A,B,C & D:
LINE "A".
ALL THAT'PORTION OF LOT 19 OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD, OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
AS FILE NO. 81-294627 BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E.
18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE
COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE FROM SAID POINT OF BEGINNING
ALONG THE COMMON BOUNDARY LINE S 64"06'02" W 215.00 FEET TO POINT "A", AND THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE S 25"53'58" E 83.84 FEET; THENCE
S O"33'35" W 18.00 FEET TO POINT "B"; THENCE CONTINUING S O"33'35" W 79.08 FEET;
THENCE S 89"26'25" E 231.41 FEET; THENCE N 4y"O6'02" E 46.52 FEET TO A POINT OF
TERMINUS, SAID POINT BEING A POINT OF INTERSECTION WITH THE CENTERLINE OF AN
EXISTING 15 FOOT WIDE WATERLINE EASEMENT OF RECORD ON MAP NO. 10198.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT
ALL ANGLE POINTS AND TO BEGIN ON SAID COMMON BOUNDARY LINE AND TO END ON THE WESTERLY
SIDELINE OF SAID 15.00 FOOT WIDE EXISTING WATERLINE LINE WHICH BEARS N 4"06'02" E.
LINE "B":
BEGINNING AT THE AFORESAID POINT "B"; THENCE N 89°26b2511 W 47.86 FEET TO A POINT OF
TERMINUS.
LINE "C".
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE N 89"26'25" W 83.00 FEET
ALONG THE SOUTHERLY LINE OF SAID LOT 19, TO A POINT OF INTERSECTION WITH THE CENTER-
LINE OF AN EXISTING 15 FOOT WIDE WATER EASEMENT OF RECORD ON MAP NO. 10198; THENCE
N 4"06'02" E ON SAID CENTERLINE, 57.91 FEET TO A POJNT OF INTERSECTION WITH THE
CENTERLINE OF LINE "A", SAID POINT ALSO BEING THE POINT OF TERMINUS OF SAID LINE "A";
THENCE CONTINUING N 4"06'02" E ON THE CENTERLINE OF SAID 15 FOOT EXISTING EASEMENT
32.37 FEET TO POINT "C", AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE CENTER-
LINE OF A 10 FOOT WIDE WATERLINE EASEMENT S 85"53'58" E 25.26 FEET TO A POINT OF
TERMINUS.
LINE "D":
BEGINNING AT THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE ALONG THE
EASTERLY RIGHT OF WAY OF PASEO DEL LAG0 S 25"53'58" E 30.5 FEET TO THE CENTERLINE OF
AN EXISTING 10 FOOT X 10 FOOT WATERLINE EASEMENT, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING; THENCE ALONG SAID CENTERLINE N 70~53'58" W 17.68 FEET; THENCE S 64"06'02" w
20.00 FEET TO A POINT OF TERMINUS.
THE SIDELINE
ALL ANGLE PO
WESTERLY SID
S OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT
INTS AND TO END ON THE WESTERLY RIGHT OF WAY OF PASEO DEL LAG0 AND THE
ELINE OF SAID 10.00 FOOT WIDE EXISTING WATERLINE EASEMENT.
CMWD 89-C-293
rJ -- . / a \, &i%PMC 5-@iE-’ /“=4d’
HENRY WORLEY ASSOClATES Fnl,,“G,“‘,ll)tO 0 wnvI.l*o 0 ry**l*Q
WI u)**‘w”1. w.. .4 $.A+ a=. u c,,, cw m.an
PLEASE RECORD THIS DOCUMENT AT - <;"'-zFqJ ;rr-l -.- : j NO FEE AS IT IS TO THE BENEFIT I‘ y ;-- (Al j < f;; ; ., I- ;i:f " :.:;=* ; .I OF THIS DISTRICT (GOV. CODE [6103]) l_.'; 2; CT::> :- ii. ;'.. . 5 i r:* * ? f ;.:; .;; 21 . . . - -- RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO: ,- .;- = ,I 2 jj- _ L%.-' ;:- i ..-.. i ._.__ 7. i f i iii.: ‘ ..~ . _ r i- ~? i __ r;;i.,: I' -. ;? - Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 213-092-10 Project Name & No. Madison Square-Phase II-Lot 18 CMWD Project No. 89-C-293
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
Board of Directors
EASEMENT
MADISON SQUARE DEVELOPMENT II, a California general 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.
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
1
.
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 ltAVt and Exhibit UtB'r attached hereto and by this reference made a part hereof.
MADISON SQUARE DEVELOPMENT II, a California general partnership
By:
By:
By:
KOPPERT STRASSE, INC., a California corporation
PURE LUCK, INC.
a California corporation
TWEtiY-SEVEN M.H., INC.,
a California corporation
MAX$MO RADDAD, President
2
-
945
CARLSBAD MUNICIPAL WAT
BY
Dated
(Attach Notary Acknowledgment)
CMWD 89-C-293
94s
This is to certify that the interest in real property
conveyed by the Deed dated July 6 , 1990,
from MADISON SQUARE II, a California general 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 August 14 , 1990, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED wr lggo-
CARLSBAD MUNICIPAL WATER DISTRICT
By: ALETBA RAUTENKRANZ, Secrf&ary
CMWD 89-C-293
4
.
947
Notary Acknowledgement for Lot 18, Madison Square Development II (Easement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
before me, the undersigned, Noiary Public in and for said State, i' 1w i"i?i'u? proved to me on the basis of satisfactory evidence to be she person who executed the within instrument as the President of f-i,,~~~< I,i-tj?'K, !7?2.. a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
:.
Notary Acknowledgement for Lot 18, Madison Square Development II (Easement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On
qj,l -\&a fSJ\ . J~u',(,j irl, i qqc before me, the ! \,fJ; \ I ' undersigned, No&y Public in and for said State, , personally appeared &($: [l:i $&2.&n(:ii proved to me on the basis of satisfactory evidence to be the erson who executed the within instrument as the President of ?firiC.,qJ,\ i?c- a California' i corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
OFFICIAL SEAL 8 ERM M. WOOLF
949
Notary Acknowledgement for Lot 18, Madison Square Development II (Easement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On June 29th, 1990, before me, the undersigned, Laursel Cambell, a Notary Public in and for said State, personally appeared MAXIM0 HADDAD, proved to me on the basis of satisfactory evidence
to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation, the corporation that executed the within instrument on behalf of
MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such
partner and that such partnership executed the same.
/^
NOTARY PUBLIC - CALIFORNlA
SAN OIEGO COUNpl
My Comm. Opirss Oct. 26,199O
.- .’ - 9.47. j.)i.bd . . . .c > 1’ -
. I, r
.
. EXHIBIT “A” 950 -
A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL
WITH THE FOLLOWING DESCRIBED CENTERLINES:
L I NE “A”:
ALL THAT PORTION OF LOT 17 OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E.
18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT
BEING THE COMMON CORNER OF LOTS 17 AND 20 OF SAID MAP, ALSO BEING A POINT ON
A 213.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO THE CENTER OF WHICH
BEARS N 71”51 ‘21” E; THENCE FROM SAID POINT OF BEGINNING SOUTHERLY ALONG THE
ARC OF THE AFORESAID 213.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF
21"07'21~~ A DISTANCE OF 78.52 FEET; THENCE LEAVING THE RIGHT OF WAY LINE
S 87"01'18" W 10.00 FEET TO POINT "A" ON THE CENTERLINE OF AN EXISTING 10’ BY
12’ WATERLINE EASEMENT AS SHOWN ON CARLSBAD TRACT NO. 80-38 MAP NO. 10198,
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER-
LINE S 87”01’18” W 21 .OO FEET TO POINT “B”; THENCE s 87"01~18~~ w 23.00 FEET;
THENCE N 16”3y’32” W 97.42 FEET; THENCE N 61”3y’32” W 148.62 FEET; THENCE
N 28”20’28” E 15.92 FEET TO A.POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT TO BE PROLONGED OR SHORTENED
AT ALL ANGLE POINTS AND TO END ON THE WESTERLY LINE OF SAID EXISTING 12' X 10"
WATER EASEMENT.
L I NE “B”:
BEGINNING AT THE AFORESAID POINT “B”; THENCE ALONG SAID CENTERLINE S 2"58'42" E
7.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 2"58'42" E 17.50 FEET TO A
POINT OF TERMINUS.
L I NE “C”.
BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE
WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON
CORNER OF LOTS 17 AND 18 OF THE AFORESAID MAP NO. 10198; THENCE ALONG THE COMMON
LOT LINES s 79"38'58" 'd 131.78 FEET TO THE TRUE POINT 0F BEGINNING; THENCE
ALONG SAID CENTERLINE N lO”21’02” W 30.55 FEET TO A POINT OF TERMINUS.
CMWD 89-C-293
‘3.92, --.f- ’ I I
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K I r’ I iu>-: ;n 5 3+ ’ / /& “B” :<!& i j+. 8 v., ; fi p /‘- .
I ’ ,9/N/ L
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HENRY WOALEY ASSO,C~~~w~ cmr,~p,*wuml D sum---
nnwan.n-.lcnY y* Dloo .a m11 m. *rwT-
Q , 2 A-/7 ,, tTA4wn R9- L. pg3
952 P--? 567562
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT 7 "-- 5
OF THIS DISTRICT (GOV. CODE [6103]) )
i RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO
; Carlsbad Municipal Water District 1 5950 El Camino Real Carlsbad, California 92008 Space above this line for Recorder's use. A.P.N. 213-092-10 CMWD Project No. 88-C-293
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.
-t THIS AGREEMENT, made this ai J 14 day of * ,
19qo by MADISON SQUARE DEVELOPMENT II, a California general -
partnership hereinafter referred to as "Owner," owner of the land
and SECURITY PACIFIC NATIONAL BANK, a national banking
association hereinafter referred to as t~Beneficiary~~; present
owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, MADISON SQUARE DEVELOPMENT II did execute
a deed of trust, dated August 7, 1989, to EQUITABLE DEED COMPANY,
a California corporation, as trustee, covering Lot 18, Carlsbad
Tract 80-38, Madison Square-Phase II in the City of Carlsbad,
County of San Diego, State of California, according to Map No.
10198 filed September 15, 1981, to secure a note in the the sum
of $4,600,000.00 dated August 7, 1989 in favor of SECURITY
PACIFIC NATIONAL BANK recorded in the office of the County
1
y53 . . .’ -
Recorder of San Diego County on November 27, 1989 as FILE/PAGE
NO. 89-637130 of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated July 6, 1990 I 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,
understood and agreed as follows:
2
, .
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
monetary and other obligations are being and will be entered into
3
955 -
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: OWNER:
SECURITY PACIFIC NATIONAL MADISON SQUARE DEVELOPMENT II,
BANK, a national banking a California general partnership
association
By: KOEPPFR-RT STRASSE, INC.,
a Cali(fbrnia corporation
By By:
By:
1 W yY%.-JQ>&\ , GERALD BOSSTICK, Pi;esident
PURE LUCK, INC.,
a California corporation
By Q!,, &(&@w
ROC#R NORMAN, President
v TWENTY-SEVEN M.H., INC.
a California corporation
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS
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
MATTER.
4
IT IS RECOMMENDED THAT, PRIOR TO THE
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH RESPECT THERETO.
Approved as to form:
EXECUTION OF THIS
WITH THEIR ATTORNEYS
must be attached. ution by OWNER and BENEFICIARY
CMWD 89-C-293
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Notary Acknowledgement for Lot 18, Madison Square Development II
State of &/&[flj4 1 J
County of ,&q 1 ss 1 /
On this s,& day of before me, ~iicininthZnd.yeZ the undersigned, a , ,, .* 1990, said state, personally appeared to me (orOprdved /? /u&h? . l&p P,k personally known to me on the basis 0: satisfactory evidence) to be of the Security Pacific National Bank, l/&Q PrPS;C$p7,f the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
(Seal of Notary)
State of
County of
1 1 ss 1
On this day of in the undersigned, a notary public the year 1990, before me, in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be of the Security Pacific National Bank, the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
(Signature of Notary) (Seal of Notary)
CMWD 88-C-293
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Notary Acknowledgement for Lot 18, Madison Square Development II (Subordination Agreement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
- On .,&ii{,/ 1,; : piq;," the T--+1, ?J& !',? , +-c,\ p before me, undersigned, i Nokary 4Public in and for said State, I, I
personally appeared ~--fr&,iC~ cL.55TlC)c proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of 445~$&~ q.fi-&p, ii??- a California" corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
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.:
. - 959 -
Notary Acknowledgement for Lot 18, Madison Square Development II
(Subordination Agreement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
before me, Nokary Public in
the undersigned, and for said State,
:7Y Kfd,~fCiLii/'i proved to me on
ry evidence to be the person who executed the within instrument as the President of ci,i\rZ, LIj.zii~ \r/?;\. a California corporation, the
corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. _ ,---’ r .- ,-&<;/T‘, / K !’ ‘;~-+ --- :, &/ : ;:’
$. .,..5&. ----. ;, -------_._
-- /-,. ,-
960
Notary Acknowledgement for Lot 18, Madison Square Development II
(Subordination Agreement)
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On June 29th, 1990, before me, the undersigned, Laursel
Cambell, a Notary Public in and for said State, personally appeared MAXIM0 HADDAD, proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation,
the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. , -- ,..‘.
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SAN DIEGO COUNTY
My Comm. Erpirer Oct. 26.199a
i.R. 3.5.6.7 a -
EXHIBIT "A"
A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL
WITH THE FOLLOWING DESCRIBED CENTERLINE:
LINE "A"-
ALL THAT'PORTION OF LOT 18 OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD,
OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA AS FILE NO. 81-294627. BEGINNING AT A 3/4" IRON PIPE MONUMENT
WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL
LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP;
THENCE FROM SAID POINT OF BEGINNING ALONG THE COMMON BOUNDARY LINE S 64"06'02"~ w
326.64 FEET TO POINT "A", AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
CENTERLINE N 25"53'58" W 63.32 FEET TO POINT "8"; THENCE CONTINUING
N 25"53'58" W 93.91 FEET; THENCE N lO"21'02" W 108.85 FEET TO POINT "C";
THENCE N 79"38'58" E 132.05 FEET; THENCE N 64"06'02" E 48.31 FEET TO POINT "D";
THENCE N 64"06'02" E 6.47 FEET TO A POINT OF TERMINUS ON THE CENTERLINE OF
THE EXISTING 10' WIDE WATERLINE EASEMENT.
THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT TO BE PROLONGED OR SHORTENED
AT ALL ANGLE POINTS.
L INE "8":
BEGINNING AT THE AFORESAID POINT "B"; THENCE N 64"06'02" E 26.48 FEET TO A
POINT OF TERMINUS.
LINE "C":
BEGINNING AT THE AFORESAID POINT "C"; THENCE N 70"21'02" W 27.00 FEET TO A
POINT OF TERMINUS.
L INE "D":
BEGINNING AT THE AFORESAID POINT "D"; THENCE S 25"53'58" E 59.00 FEET TO A
POINT OF TE?xMINUS.
v, -)r ‘9. No.18673 .= * bi
CMWD 89-C.293
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