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Home My WebLink About1990-12-04; Municipal Water District; 065; Grant Deed & Subordination Agreement. . 8 * -- )’ C-?WD - AGENDA BILL ., ’ 1 1 I I TITLE: ACCEPTANCE OF GRANT DEED AND -sUBORDINATION AGREEMENT FOR WATER LINE FOR WATERLINE PURPOSES FOR LOT 33, C.R.C., DEPT. ENG. CMWD PROJECT NO. 85-601.149 RECOMMENDED ACTION: Adopt Resolution No. 699, accepting a Grant Deed and Subordination Agreement for water line purposes. ITEM EXPLANATION Wilma Pacific, Inc., developers of the subject project, have granted an easement as directed in the attached documents. The easements are granted to the District for maintenance and operation of the water service to the project. Bank of Montreal, 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 a said easement for Lot 33, Carlsbad Research Center, Farnsworth Cul de Sac. The subject project is located on the southeast corner of Rutherford Road and Farnsworth Court. Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find them 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. 1. Location Map. 2. A Grant Deed from Wilma Pacific, Inc. dated AL(~. 27 /990 and a Subordination Agreement from Wilma Pacific, Inc. and the Bank of Montreal dated 0~7, 1s" /~TcI . I 3. Resolution No. 699 accepting a Grant Deed and --- Subordination Agreement for water line purposes. CMWD 85-601.149 PXATION MAP i :’ -.. c ,-. ._ // ’ i : I’. .-- I L. c_: ,’ /<h \ ..YL -- r:;; / ,‘- . ;>. is ? / -iI //r ;: ‘) -. /?4 6 0 I // /’ / .$I;? / I, I f$$f &z$, . I I (*$ i ^ ,Q3 b. LO-J 33 VICINITY MAP N.T.S. I I 1 iY ~71~~~~ q-y Sm= L L---.2--/-/ -+l., l.._ -.a 3 7 1 I ‘* lo .-. ---- xi! 12-p90 tiy -<cqJ - --~ -.-L/IL. 5 $3 1 _ P* $0 &AL ,7cA[F'. /'-- GO' / I( 1-r -1 I , .c,. I I f-,-r .=\ I I --u , VI DATE : 6-26-9C ?OJECT : PLAT TO ILLUSTRATE PROJECT NO. EXHIBIT: WATER LINE EASEMENT (LOT 33 ) C.M.W.0 85-C. 140 1 I J.N. 108001 - , , 1 2 2 3 4 RESOLUTION 699 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 33, C.R.C., FARNSWORTH CUL DE SAC, CMWD PROJECT NO. 85-601.149 WHEREAS, Wilma Pacific, Inc. has submitted a Water Line 5 /I Easement conveying an easement to the Carlsbad Municipal Water 6 District for waterline purposes over a portion of Lot 33, 7 Carlsbad Research Center, Farnsworth Cul de Sac, CMWD Project No. 8 85-601.149; and a Subordination Agreement from the Bank of 9 10 11 12 13 Montreal, 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 14 Municipal Water District has determined it to be in the public 15 interest to accept said Deed and Subordination Agreement: 16 NOW, THEREFORE, BE IT RESOLVED by the Board of 17 Directors of the Carlsbad Municipal Water District as follows: 18 19 1. That the above recitations are true and correct. 2. That the Grant Deed from Wilma Pacific, Inc., dated 20 &&u-s7 .w, wm -- -- conveying an easement for waterline 21 purposes and a subordination agreement from The Bank of Montreal 22 to agree that foreclosure or other enforcement of rights under 23 said deed of trust shall not affect said easement over a portion 24 of Lot 33, Carlsbad Research Center, Farnsworth Cul de Sac, CMWD 25 Project No. 85-601.149 which is on file with the Carlsbad 26 Municipal Water District and is incorporated herein by reference, 27 28 II is accepted. 3. That the Secretary of the Board is authorized to 4 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cause the original Deed and Subordination Agreement to be recorded in the office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Municipal Water District held on the 4th day of December I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson and Pettine NOES: None ABSENT: Board Member Mamaux LAUDE A.'LEWffS,'President ATTEST: ALETHA L. RAUTENKRANZ, Secretary (SEAL) CMWD 85-601.149 * ‘,- . . I. ,(I. I,. * - PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No. 212-070-11 Project Name 61 No. Lot 33, Carlsbad Research Center, Farnsworth Cul de Sac CMWD Project No. 85-601.149 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT &l&L -J ALETHA L. titiT Board of Directors EASEMENT WILMA PACIFIC INC., a Georgia 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 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 "Af' and Exhibit r@Bt' attached hereto and by this reference made a part hereof. WILMA PACIFIC INC., a Georgia Corporation (Attach Notary Ackowledgment) CMWD 85-601. 149 2 . ,. 2 i= c 8 .- $ If t;a gg =U .P -g8 85 e; gE I s .I t q s 8 s 1’ STATE OF CALIFORNIA COUNTY OF Oranqe jss. Oil. August 29, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared Loren W. Brucker and Wayne H. Blauvelt , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President and Asst. Secretary, on behalf of Wilma Pacific, Inc. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. (This area for official notarial seal) ‘.. _ .>..I. .I” . This is to certify that the interest in real property conveyed by the Deed dated ,fly/o<,_(-r a9L-__-t 1990, from WILMA PACIFIC INC., a Georgia 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 AE!dt'R-X/ ---- , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED 5 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: Carlsbad Munic CMWD 85-601.149 , - -4 , -:, . us9 p-?s J!!&r 1959 Pnlomt11~0:1ks Vh.v R~KENGINEEIUNGCOMPANY SUilc 200 L*mmmmri mclrrm C~\l-lhl>;l~l. CA 92009 lhl9)-l3l-R,00 Legal Description EXHIBIT A J-10800 WATER LINE EASEMENTS - LOT 33 BY: SJS/dcr.OOl DATE: July 23, 1990 Page 1 of 1 TC Ref. co. Order No. Date Descr. Rev. By -- An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 33 as shown on Map No. 11134, filed in the Office of the County Recorder in said County, in said State, more particularly described as follows: A strip of land being 15.00 feet wide, lying 7.50 feet on each side and parallel with the following described centerline. COMMENCING at the Southeast corner of said lot; thence along the Southerly boundary line of said lot South 84'51'20" West 20.79 feet: to the centerline of an existing easement dedicated to Carlsbad Municipal Water District as File/Page 89-556231; recorded October 13, 1989; thence leaving said boundary line and continuing along said existing centerline, North 10"41'3511 East 24.00 feet; thence North 79"1812511 West 87.61 feet: thence South 84"511201' West 8.00 feet to the TRUE POINT OF BEGINNING thence leaving said existing centerline and along the centerline of the 15.00 foot wide easement described herein North 05"08'40" West 22.50 feet to the POINT OF TERMINATION. The side lines of said easement shall be lengthened or shortened to begin at right angles through the POINT OF BEGINNING and shall terminate at right angles through the POINT OF TERMINATION. C.M.W.D. 85-C.149 RE103 aa9 VICINITY MAP N. T. S. LOT 33 ,L. Efl57NG EASMENT 70 &h?iW F/P 89-fi623i -2492/ -r /ti b / --N N84*5//'20'~ /RI 27~ 0~1 2a?9~L~~ -x+ F-1 / Lo-J 34 1 J-9-r SJ L EGEND mc -_ IND/CdF5 PO/NT OF CGMtifNCElENNT TPL? B- _ /ffDKA7ES T.??UE PU/N7 UF BEG/M!/NG "II lvr,, IAf'GdEiS PU,WUf JEFM/NAflUN Y : SGAL E+= 60' RICK ENQINEERINO COMPANY PLAT TO ILLUSTRATE CIVIL ENQINEERB. SURVEYOR6 -PLAN’NEFiE WATER LINE EASEMENT ‘I sse PAInMAn OAKrn WA-T-‘. sum PO4 -mAo.u- LOT 33 -CT hJJweER 10800 C.M.W.D. 85-C. 149 SCALE t II = 60 I DATE 5-25-90 4 ’ i r .- : , ’ . . . .’ . 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 1421 - 1 Space above this line for Recorder's use. NO FEE 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 /5 -rh @ day of c7co r3 FIT I 191c - by WILMA PACIFIC INC., a Georgia corporation, hereinafter referred to as llOwner,l' owner of the land and BANK OF MONTREAL, a Canadian Chartered Bank acting by and through its Chicago Branch, hereinafter referred to as llBeneficiary"; present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, Wilma Pacific, Inc. did execute a deed of trust, dated December 26, 1989, to First American Title Insurance Company as trustee, covering Lot 33, Carlsbad Research Center, Farnsworth Cul de Sac in the City of Carlsbad, County of San Diego, State of California, according to Map No. 11134 filed January 31, 1985, to secure a note in the the sum of $12,000,000.00 dated December 26, 1989 in favor of Bank of Montreal, a Canadian Chartered Bank acting by and through its 1 ‘. . . . , ‘. F. L Chicago Branch recorded in the office of the County Recorder of San Diego County on December 27, 1989 as FILE/PAGE NO. 89-698915 of Official Records/of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated /&'&r L?Y /p?fl, in favor of / the Carlsbad Municipal Water District as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibits A and B attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided the grant of Easement is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the Easement created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing the grant of Easement shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said Easement above referred to, it is hereby declared, 2 . . /“; ,+I understood and agreed as follows: 1. That said Easement in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said Easement above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and Easement hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approves the grant of Easement in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of Easement is being executed and delivered, the Easement is being created, and that specific 3 . ‘, ‘I. ~’ - 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 BANK OF MONTREAL, a Canadian OWNER: WILMA PACIFIC, INC., a Georgia corporation NAME & TITLE NAME/h TIT Ti"iQ uJ#%fL'E 6 . A-'su Gtxr #f!H&Z 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. 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 VINCENT F. BIONDO, JR., Legal Counsel (Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached. 4 State of California County of Los Angeles I OWCIALti MARwApsco&D6 NotayR#c-cmomka lOSAWE&SCOUNW @9giz%z- On this the -!L?- day of October 19%, before me, D. Patrick Avison the undersigned Notary Public, personally appeared Marisela Escobedo IJ personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Arrw~r or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary’s Signature [ AlTENTlON NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. b Title or Type of Document Subordination Agreement t THIS CERTIFICATE MUST BE ATTACHED 6 Date of Document oc& ‘n-L% . 1s \44D TO THE DOCUMENT Number of Pages I DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 7100-010 .g , i= c IT ‘C E 4r” 2. f “,E =‘o .c r;s &fi gi 0,s I s ? ‘p 8 a 8 NATIONAL NOTARY ASSOClAT!QN. 8236 Rmmt Ave.. P.O. Box 7184 - Cancqa Fark. CA 91304-7184 STATE OF CALIFORNIA COUNTY OF Orange 1 On August 29, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared Loren W. Brucker and Wayne H. Blauvelt , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President and Asst. Secretary, on behalf of . Paclflc, Inc. the corporation therein named, and acknowledged to me that suchcorporationexecuted thewithininstrumentpursuanttoits by-laws or a resolution of its board of directors. WIT&S my hand and official seal. - -FFICIAL SEAL MY A. SHWlNt ----I NOMY I’tBlJC UuFWiNM UI aln-z%%YlI. 1992 (This area for official notarial seal) . _- LOT 33 ,\7 fJ’7NG ~7A5fMfl7 7u fiMMIL71 f/P B945623i L L-GE-ND ml-- INDICATB PO/NT Uf ERM/N~7iON RICK ENOINEERINO COMPANY PLAT TO ILLUSTRATE CIVIL ENQINEERB-BURVEVORB-PLANNERS WATER LINE EASEMENT 3 ese PALLIHPR OAKS WAY. *urn PO4 --a- LOT 33 PROJECT NUMBER 10800 C.M.W.D. 85-C. 149 ,, SCALE 1 = 60 1 DATE 5- 25-90 Legal Description EXHIBIT A J-10800 WATER LINE EASEMENTS - LOT 33 BY: SJS/dcr.OOl DATE: July 23, 1990 Page 1 of 1 TC Ref. co. Order No. Dale Descr. Rev. By -___ An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 33 as shown on Map No. 11134, filed in the Office of the County Recorder in said County, in said State, more particularly described as follows: A strip of land being 15.00 feet wide, lying 7.50 feet on each side and parallel with the following described centerline. COMMENCING at the Southeast corner of said lot; thence along the Southerly boundary line of said lot South 84"51'20" West 20.79 feet: to the centerline of an existing easement dedicated to Carlsbad Municipal Water District as File/Page 89-556231; recorded October 13, 1989; thence leaving said boundary line and continuing along said existing centerline, North 10"41'3511 East 24.00 feet; thence North 79"18f2511 West 87.61 feet; thence South 84"51'2011 West 8.00 feet to the TRUE POINT OF BEGINNING thence leaving said existing centerline and along the centerline of the 15.00 foot wide easement described herein North 05"08'40" West 22.50 feet to the POINT OF TERMINATION. The side lines of said easement shall be lengthened or shortened to begin at right angles through the POINT OF BEGINNING and shall terminate at right angles through the POINT OF TERMINATION. C.M.W.D. 85-C.149 FE103 489