HomeMy WebLinkAbout1990-08-14; Municipal Water District; 043; Grant Deeds & Subordination Agreements.- - . tdiVD - AGENDA BILL -
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TITLE: DEPT. H D.F%-
ACCEPTANCE OF GRANT DEESAND SUBORDINATION
DEPT. ENG. AGREEMEN'dFOR WATERLINE PURPOSES - MADISON SQUARE-PHASE II, CMWD PROJECT NO. 89-C-293
RECOMMENDED ACTlON:
Adopt Resolution No. 679 -- accepting- Grant DeedS and Subordination Agreement5for Waterline purposes.
ITEM EXPLANATION:
Madison Square Development II, developers- of the subject project, have granted two easements as directed in the attached documents. The easements are granted to the District for maintenance and operation of the water service to the project. Security Pacific National Bank, beneficiaries of the subject project, have granted two subordination agreements to agree that foreclosure or other enforcement of rights under said deeds of trust shall not affect said easements for Lot 18 and 19, Carlsbad Tract 80-38, Madison Square Phase II. The subject project is located on the southwest corner of Palomar Airport Road and Camino Vida Roble.
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. Two Grant Deeds and two Subordination Agreements from Madison Square Development II dated 3-6-90 .
3. Resolution No. 679 accepting a Grant Deed and -- Subordination Agreement for waterline purposes.
CMWD 89-C-293
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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. 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
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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 'lA1' and Exhibit IIBIl 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 Cal$fornia corporation
PURE LUCK, INC. a California corporation
TWENTY-SEVEN M.H., INC., a California corporation
MA%fMO BADDAD, President i
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CARLSBAD MUNICIPAL WATEPDISTRICT
BY
Dated
(Attach Notary Acknowledgment)
CMWD 89-C-293
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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
wt lggo*
CARLSBAD MUNICIPAL WATER DISTRICT
By: ALETHA RAUTkNKRANZ, Secrdtary
CMWD 89-C-293
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Notary Acknowledgement Madison Square-Phase II, Lot 18
State of cJiM-wr\i& ) -_
County 0f SaYl piea 1 ss 1 J On this IQ before my day of % --- __------ the undersigned, a in the year
19-t otary public in and for said state, personally appeared GERALD BOSSTICK, 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
-. .
@Q~JJ
(Signat&
SAN OIEGO COUNTY
Commission Expires April 16, 1993
(Seal of Notary)
.
State of &tii&mr~ )
state, personally appeared ROGER NO , personally (or proved to me on the basis of person who executed the within behalf of the corporation and corporation executed it.
in the year and for said known to me satisfactory evidence) to be instrument as president or acknowledged to me that
(Seal of Notary)
the
the:
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Notary acknowledgement for Madison Square-Phase II, Lot 18
State of
County of
On this a', Y '\day of before me, the undersigned, in the year 19&, public in and for said state, personally appeared MAXIM0 HADDAD 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(yL”LJ @am L-y
(Signature of Notary)
LAURSELCAMBELL
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My Comm. Expires Oct. 26, I990
(Seal of Notary)
CMWD 89-C-293
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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. lo198 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 "B'I; THENCE CONTINUING
N 25"53'58" W 93.91 FEET; THENCE N lO"21'02" W 108.85 FEET TO POINT "C";
THENCE N 7g"38'58" E 132.05 FEET; THENCE N 64"06'02" E 48.31 FEET TO POINT "0";
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.
LINE "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 v; THENCE N io"21'02" w 27.00 FEET To A
POINT OF TERMINUS.
LINE "0":
BEGINNING AT THE AFORESAID POINT “0”; THENCE S 25"53'58" E 59.00 FEET TO A
POINT OF TERMINUS.
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I ’ 1 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND ; WHEN RECORDED, PLEASE MAIL TO
; Carlsbad Municipal Water District 5950 El Camino Real ; Carlsbad, California 92008 1 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.
THIS AGREEMENT, made this a I, I
19'30 by MADISON SQUARE DEVELOPMENT II, a California L-
partnership hereinafter referred to as vlOwner,'v owner of
and SECURITY PACIFIC NATIONAL BANK, a national
association hereinafter referred to as *'Beneficiary";
general
the land
banking
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
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, ’ I 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 L 96 >-- , 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:
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. ’ 1. That said Easement in favor of Easement Grantee
shall unconditionally be and remain at all times a charge on the
property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
Easement above described without this subordination agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the Easement in favor of
Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and Easement hereinbefore specifically described,
any prior agreement as to such subordination including, but not
limited, those provisions, if any, contained in the deed of trust
above mentioned, which provide for the subordination of the lien
or charge thereof to another interest in the real property
therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approves the grant of Easement
in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the Easement in favor of Easement
Grantee above referred to and understands that in reliance upon,
and in consideration of, this waiver, relinquishment and
subordination of the grant of Easement is being executed and
delivered, the Easement is being created, and that specific
monetary and other obligations are being and will be entered into
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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: KOEPPFERT STRASSE, INC., a Calikbrnia corporation
BY By: PURE LUCK, INC., a California corporation
By: TWENTY-SEVEN M.H., INC. a California corporation
BY
NOTE THAT THE PRESIDENT OR VICE-PRESID NT AND THE SECRETARY OR b 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.
r ’ IT IS RECOMMENDED THAT, FRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
must be attached. ution by OWNER and BENEFICIARY
CMWD 89-C-293
I . . 1 Notary Acknowledgement for Lot 18, Madison Square Development II
State of (?9 &/y)] q 1 J
County of .h 1 ss
)
/
On this sb day of before me, the undersign state, personally personally known satisfactory evidence) Security Pacific National Bank, 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.
NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY
(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
I . * Notary acknowledgment for Lot 18, Madison Square Development II
State of I~ci-niL"-i )
County of sm ~!~C~
On this [p day of &,w in the year 1990, before me, the undersigned, \ a notary public in and for said state, personally appeared GERALD BOSSTICK, 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
PRINCIPAL CFWF IN
(Seal of Notary)
.
State of ?&l1&nI6b )
Se, 3 01kjj County of L ; ss
On this 'LJ J day of uq in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared ROGER NORMAN, 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
CMWD 88-C-293
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I ( . l Notary Acknowledgement for Lot 18, Madison Square Development II
State of C-qYG ;
County ofSb\ hipa 1
4 kc.- in the year 1990, a notary public in and for said state, personally appeared MAXIM0 HADDAD 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
ure of Notary) _-__.
L?\!JRSEL CAMFELL
NOTARY PUBLIC - CALIFORNIA
SAN DiEGO CO’ “IN c
My Comm. Expires Oct. 26,199O
(Seal of Notary)
CMWD 89-C-293
i.ii. 3.5.6:
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 I NE “B”:
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 lO"21'02" W 27.00 FEET TO A
POINT OF TERMINUS.
L INE "0":
BEGINNING AT THE AFORESAID POINT "D"; THENCE S 25"53'58" E 59.00 FEET TO A
POINT OF TERMINUS.
CMWD 89-C.293
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1 ’ .
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. 213-092-09 Project Name &I 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 -
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 .a11 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 TEE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit @IA" and Exhibit llB@l 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 CaJ@rnia corporation ,*" /
Pr&ident
PURE LUCK, INC. a California corporation
BY
TWENTikSEVEN M.H., INC., a California corporation
By IMO EADDAD, President
2
DISTRICT
Dated c@&&
(Attach Notary Acknowledgment)
CMWD 89-C-293
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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 d&+&d- -17 , 1990.
CARLSBAD MUNICIPAL WATER DISTRICT
By: / ALETHA RAUTENKRANZ, Secrktary
‘ ' Notary Acknowledgement Madison Square-Phase II, Lot 19
State of CiLiIf%YfllCcl )
County of San ~l4$0 ; ss ' I .
- On this 192, before me, the undersigned, 4 lo --- day of @Y- --- -------,I in the year notary public in and for said state, personally appeared GERALD BOSSTICK, 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
Be&&-- -~ OFFICIAL SEAL
~~--- - - PRlMClPAL OFFICE IH SAN O!EGO COUNTY
81 Mv Commtsslon Erowes Aord 16. 1993
State of ~LJl~Vy7ipi )
1 County of iP& ) ss
On this b day of in the year 1990, before me, the undersigned, d notary public ix and for said state, personally appeared ROGER NORMAN, 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 on behalf of the corporation and acknowledged to me that the corporation executed it.
AN DIEGO COWNTY
. 8 ' Notary acknowledgement for Madison Square-Phase II, Lot 19
State of cL!LJ b'Lrc+i ) \
County of $N i 1 1 ss Ececy= 1
On this ti t-c day of -4 /L-t- in the year 19=, before me, the undersigned, a notary public in and for said state, personally appeared MAXIM0 EADDAD 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
- of Notary)
LAURSELCAMRELL
NOTXfY PUSLIC - CALIFORNIA
SAN DlEGO COUNTY
My Corm Expires Oct. 26. 1990
(Seal of Notary)
CMWD 89-C-293
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i-2. 3.5.56
. EXH
- 2 A. 15.00 FOOT WIDE STRIP OF LAND LYING 7
THE FOLLOWING DECRIBED CENTERLINES OF L
IBIT "A"
.50 FEET ON EACH SIDE OF AND PARALLEL WITH
INE A,B,C & D:
LINE "A":
ALL THAT PORTION OF LOT 19 OF C.T. 80-38 MAP NC. 10198 IN THE CITY OF CARLSBAD, OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGC, STATE OF CALIFORNIA
AS FILE NC. 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 PASEC DEL LAGC, 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 Italy, AND THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE S 25"53'58" E 83.84 FEET; THENCE
S C"33'35" W 18.00 FEET TO POINT "8"; THENCE CONTINUING S C"33'35" W 79.08 FEET;
THENCE s 89°26i2511 E 231.41 FEET; THENCE N 4y"c6v21' 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 NC. 10198.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED CR 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"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"26'251~ 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 NC. 10198; THENCE
N 4"06'02" E ON SAID CENTERLINE, 57.91 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF LINE "A", SAID POINT ALSO BEING THE POINT OF TERMINUS OF SAID LINE "A";
THENCE CONTINUING N 4°c6~c211 E ON THE CENTERL~NE cF sAlD 15 FccT 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.
L INE I'D":
BEGINNING AT THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE ALONG THE
EASTERLY RIGHT OF WAY OF PASEC DEL LAG0 S 25'53158" 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 CR SHORTENED AT
ALL ANGLE POINTS AND TO END ON THE WESTERLY RIGHT OF WAY OF PASEC DEL LAG0 AND THE
WESTERLY SIDELINE~CF SAID 10.00 FOOT WIDE EXISTING WATERLINE EASEMENT.
CMWD 89-c.293
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HENRY WORLEY ASSOCIATES cJVK‘“ct*II”I*~ 0 t”mrmB D PUN*<-
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II I ' PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT ) OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND ; WHEN RECORDED, PLEASE MAIL TO
;
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Carlsbad Municipal Water District 5950 El Camino Real ; Carlsbad, California 92008 1 Space above this line for Recorder's use.
A.P.N. 213-092-09
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 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 -2-4-d day of dull I
192 by MADISON SQUARE DEVELOPMENT II, a California general
partnership hereinafter referred to as tlOwner,l' 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 8Q-38., Madison Sguare-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
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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 1 F,L -90 , 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:
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'_ ' r 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
subordination of the grant of Easement is being executed
and
and
delivered, the Easement is being created, and that specific
monetary and other obligations are being and will be entered into
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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 BANK, a national banking association
MADISON SQUARE DEVELOPMENT II,
a California general partnership
By: KOEPPFERT STRASSE, INC., a Catifornia corporation -. \ '\
BY By: PURE LUCK, INC., a California corporation
NORMAN, President
By: TWENTY-SEVEN M.H., INC.
a California corporation
NOTE THAT TEE PRESIDENT OR VICE-PRES DENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR C $ PORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF TEE BOARD OF DIRECTORS TEAT IS SIGNED BY TEE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING TEE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
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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 acknowledgement of execution by OWNER and BENEFICIARY must be attached.
CMWD 89-C-293
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- ’ * Notary Acknowledgement for Lot 19, Madison Square Development II
State of ; ss cqbf~~cc
County of &JXfXjn 1 I
On this a6J day of &I\/ in the year 1990, before me, the undersigned, a notary in and for said state, personally appeared mb!& personally known to me (or proGed to me on the basis 02 satisfactory evidence) to be Security Pacific National Bank, gL.xed!e&de of the 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.
SUSAN E.STOFFREGEN
NOTARY PUBLIC~CALIFORNIA SAN DIEGO COUNTY MY Commission Extires Sed. 10. 1993
(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 acknowledgment for Lot 19, Madison Square Development II
State of tidi fWYllW )
County of '51ul O& ; ss i
On this LL day of , in the year 1990, before me, wh the undersigned, a not ry public in and for said state, personally appeared GERALD BOSSTICK, 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 on behalf of the corporation therein that the corporation executed it.
State of &,d I krnrw 1
County of 54WI nre@ 1 ss ) l
n d
OFFICIAL SEAL
(Seal of Notary)
to
before me, state, personally appeared ROGER (or proved to me on the basis of person who executed the within behalf of the corporation there that the corporation executed it !i
.
AN, personally known satisfactory evidence) to instrument as president .n ged
-al of Notary)
PRINCIPAL OFFICE IN SAN iNEGo COUNW
to be or to
me
90, ,aid
tit: on me
CMWD 88-C-293
- ’ . V Notary Acknowledgement for Lot 19, Madison Square Development II
State of *;
County of L+-\c@ )
On this &-&day of \AwYw in the year 1990, before me, the undersigned, a notary public in and for said
state, personally appeared MAXIM0 HADDAD 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 on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
&La 8 &,Li/
(Signature of Notary)
Y
&-+‘~-$r,;t] NOT.:Fi’r FLI%L:Z - CALIFORNIA f
MY ~onr.. Expwe: act 26, I 990
(Seal of Notary)
CMWD 89-C-293
P.X. 3.5.so
. EXHIBIT "A"
'c * c
A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH
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'f, 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 49"06'02" 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°26'25t1 w 47.86 FEET ~0 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 POINT 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 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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RESOLUTION NO. 679
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING TWO WATERLINE EASEMENTS AND TWO SUBORDINATION AGREEMENTS FOR LOTS 18 & 19-MADISON SOUARE-PHASE II
WHEREAS, MADISON SQUARE DEVELOPMENT II, a California general
partnership has submitted two Waterline Easements conveying two
easements to the Carlsbad Municipal Water District for waterline
purposes over a portion of Lots 18 L 19, Carlsbad Tract 80-38,
Madison Square-Phase II; and two Subordination Agreements from
Security Pacific .Nati.onal Bank, a national banking association,
which provides that foreclosure or other enforcement of rights
under said deeds of trust shall not affect said easements
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 Deeds
and Subordination Agreements;
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 two Grant Deeds from Madison Square
Development II dated-- July 6, 1990 two ----- conveying
easements for waterline purposes and two subordination agreements
from Security Pacific National Bank to agree that foreclosure or
other enforcement of rights under said deeds of trust shall not
affect said easements over a portion of Lots 18 L 19, Carlsbad
Tract W-38, Madison Square-Phase II which is on file with the
Carlsbad Municipal Water District and is incorporated herein by
reference, is accepted.
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3. That the Secretary of the Board is authorized to cause
the two original Deeds and two Subordination Agreements 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 17th day of
August I 1990 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Mamaux and Pettine
NOES: None
ABSENT: None
ATTEST:
ALETHA L. Secretjary
(SEAL)
CMWD 89-C-293