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Home My WebLink About1991-02-19; Municipal Water District; 082; Grant Deed & Subordination Agreement(- ‘WD - AGENDA BILL -- ,‘; Y / , b i c, ’ & AB# 4m TITLE: ACCEPTANCE OF GRANT DEED AND MTG.a SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR MISSION WEST AIRPORT, LEASE DEPT.- PARCEL 88-0036-A, CMWD PROJECT NO. 89-210 RECOMMENDED ACTION: Adopt Resolution No. 714 accepting a Grant Deed and Subordination Agreement for water line purposes. I ITEM EXPLANATION County of San Diego, owner of the subject project, has 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. Mission West Executive Aircraft Center, Inc., lessee of the subject project, has executed a deed of trust to Equitable Deed Company. Security Pacific National Bank, beneficiary of the deed, has granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement in Mission West Airport, Lease Parcel 88- 0036-A, CMWD Project No. 89-210. The subject project is located north of Palomar Airport Road at the west end of the service road off Yarrow Drive. Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes. I FISCAL IMPACT Requiring dedications and subordination agreements as condition of water system improvements will save the District expenses in future easement acquisitions. EXHIBITS 1. Location Map. 2. A Grant Deed from County of San Diego dated January 22, 1991, and a Subordination Agreement from Security Pacific National Bank dated January 2, 1991. 3. Resolution No. 714 accepting a Grant Deed and Subordination Agreement for water line purposes. CMWD 89-210 / tZ uf PAL OMAR d/RPO~T RUN WAY -- WC/N/TY MAP Iv. 7: 5. PROJECT NAME: --- -.- .I_ MISSION WEST PROJ. NO. CMWD 89-210 10683 EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 714 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR MISSION WEST AIRPORT, LEASE PARCEL 88-0036-A, CMWD PROJECT NO. 89-210 WHEREAS, COUNTY OF SAN DIEGO, a political subdivision of the State of California, has submitted a Water Line Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Mission West Airport, Lease Parcel 88-0036-A, CMWD Project No. 89-C-296; and a Subordination Agreement from the Security Pacific National Bank, 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 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 Grant Deed from San Diego County dated January 22, 1991, conveying an easement for waterline purposes and a Subordination Agreement dated January 2, 1991, from the 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 Mission West Airport, Lease Parcel 88-0036-A, CMWD Project No. 89-210, 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 the original Deed and Subordination Agreement to be recorded & 1 2 a 4 5 6 7 e 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - -- in the office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptability attached. PASSED, APPROVED AND ADOPTED at special meeting of the Carlsbad Municipal Water District held on the 19th day of February I 199b by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton NOES: None ABSENT: None ATTEST: %L@lXA &J @UT#RANZ, Secretary KAREN R. KUI@TZ, Mistant Secretary (SEAL) CMWD 89-210 --*T f.’ ( , II I I l - PLEASE RECORD THIS -. NO FEE AS IT IS TO DOCUMENT AT 1267 THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDING 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. 213-020-18 Project Name & No. Mission West-Airport Lease Parcel 88-0036-A .;:L-,- Parcel No.: 91-0002-A CMWD Project No. 89-210 Log No.: 9006-03 ,/' . *-- ; DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT .-:;lI ' ..* T\.! , / &&&ha tieten,@ anz, Secretary Board of Directors KAREN R. KUNDTZ, Assistant Secretary EASEMENT COUNTY OF SAN DIEGO, a political subdivision of the State of California, 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, 1 . ,‘ - I* ‘1248 . i 5 * . c 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 rlBll attached hereto and by this reference made a part hereof. COUNTY OF SAN DIEGO, a political subdivision of the State of California Dated: //ita /Y/ / BYRD Bv STATE OF CALIFORNIA ) t t OUNTY OF SAN DIEGO ) t- ss Ofl January 22, 1991 before me, ROBERT D. ZUMWALT, County Clerk in and for said County and 'State, personally appeared JANE F. HUSTON, known to me to be the Director of General Services, in and for said County and State and proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the within instrument pursuant to Ordinance No. 7206 Adopted September 23, 1986 by its Governing Board. WITNESS my hand and official seal. ROBERT 0. ZUMWALT, Countv Clerk Elizabeth Robledo Name (typed or printed) j.l.. , .‘a* *: ,.i -9,’ ,c *.’ , .’ L , * : * . * i. 1249 . . CERTIFICATE OF ACCEPTABILITY This is to certify that the interest in real property conveyed by the Deed dated January 22 - , 1990, from COUNTY OF SAN DIEGO, a political subdivision of the State of California, 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 February 19 , 199$, and the Grantee consents to recordation thereof by its duly authorized officer. 1 DATED February 20 , 199QI. CARLSBAD MUNICIPAL WATER DISTRICT By: &l&ha L&@enl&.knz, Secretary Carlsbad Municipal Water District KAREN R. KIJNDTZ, Assistant Secretary CMWD 89-210 . 4 L :* I.’ , ,, r’ . . + (.’ **, 1‘250 . . l 1 li?Jiy 1459 Pal~Jln;ll~O;lk\ \VCl\ . j!!:!Jp, RICK ENGINEERING COMPANY Suilc YJU &geyd c’x:~l\ll:l‘l. c.\ Q310’) lblV)l~l-.~2llll Legal Description : TC Ref. -- J-10683 WATER EASEMENT EXISTING AIRPORT ACCESS ROAD By: JC/dcr.002 Date: September 5, 1990 co. _ Order No. Date Descr. 1 Rev. By --- Page 1 of 2 Parcel No.:91-0002-A EXHIBIT A An easement being a portion of Lot "G" of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823 filed in the Office of the County Recorder of San Diego County on November 16, 1896, described as follows: Commencing at the Southeast corner of that certain aviation lease dated May 24, 1988; thence North 10'52'17" West along the Easterly line of said Lease 289.19 feet to the TRUE POINT OF BEGINNING: thence South 79"07'43" West 194.53 feet; thence South lO"52'17" East 23.49 feet; thence South 79"07'43" West 22.00 feet: thence North 10"52'1711 West 10.00 feet; thence North 79"07'43" East 7.00 feet: thence North lO"52'17" West 28.49 feet; thence North 79"07143'1 East 209.53 feet to said Easterly line: thence South lO"52'17" East along said Easterly line 15.00 feet to the TRUE POINT OF BEGINNING. CMWD 89-210 ,’ ‘.’ .p L’ ; I - .I ’ . l 0’ P I -* --*I EXHISIT “f3” 12 5 ‘-- LO7 “G’ RANCHU AGUA HfD/UNDA MAP No. 823 . - . * SCALf: 1"=301 VICINITY MAP N.T.S. C.M.W.D. 89-210 PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF WATER EASEMENTS RICK ENOINEERINQ COMPANY CIVJL ENOINEERB.SUUVEYORB-PLANNERS 3 ase PALOMAFI OAKl w*v, sum mxa, cc\F1LdBAq m e- PRO&CT I’XIWBER 10683 SCALE 1” n 30’ 1 DATE I- 22 - 90 1252 - PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT ; OF THIS DISTRICT (GOV. CODE [6103]) j 1 F;j &l] :~.y-r- I" i ,.:3i PROPrnS RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District ; 5950 El Camino Real Carlsbad, California 92008 . . i .> ,+-Space above this line for ..X" .'::~~~,;s,Recorde~r's use. : : , 1 .:.. 0 ' '_ i, : _i. i '-"A.P&?%2$3-020-18 “ 'p _ __ " i ,$! : ". j .;:~CMWW,~;;89~210 $ "y? I SUBO~INATION AG&&& ':I': ." 9 NOTICE: * x, A’ f ; _~ THI? "8UBORDINATION AGREEMENT RESULTS' &'Y&JR 10 SECURITY INTEREST IN THE PROPERTY BECOMING SU&JECT TO AN ESTATE IN THE REAL PROPERTY TO 11 WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE, 12 VALUE OF YOUR SECURITY INTEREST. -. 13 THIS AGREEMENT, made this & day of< , II J / lgJq! by MISSION WEST EXECUTIVE AIRCRAFT CENTER, -INC., a 14 - California corporation, hereinafter referred to as "Lessee,ll .,>'_. , .; * lessee of the land and SECURITY PACIFIC NATIONAL BANK, a national 15 16 17 banking association, hereinafter referred 'to as "Beneficiaryl', 18 present owner and holder of the d-eed of trust hereinafter 19 described; 20 WITNESSETH 21 WHEREAS, Lessee did execute a deed of trust, dated 22 August 15, 1990, to Equitable Deed Company, a California 23 corporation, as trustee, covering Mission West Airport, Lease 24 Parcel 88-0036A, in the City of Carlsbad, County of San Diego, 25 State of California, according to Map No. 823 filed November 16, 26 1896, to secure a note in the the sum of $2,640,000.00 dated 27 August 15, 1990 in favor of Security Pacific National Bank', 28 recorded in the office of the County Recorder of San Diego County 1 revised 10/24/90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1253 on September 7, 1990, as File No. 90-490090 of Official Records/of said county: and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement date c&?/5w , in favor of the Carlsbad Municipal Water District as grantee hereinafter .; ze- , referred to as "Easement ,,Grante.e," /_ creating an Easement more " .t : & particularly described in~$xhibits??$nd B 'attached hereto: and __.- _. + b,- ~,$,%d : : -; -'. ,(,/ , '\ e_ .i ' ::a __ : .:> ). I WHEREAS; -Easemenf..'Grantee 'iswjlling to accept said ,* ." i Easement provided"the grant of"iEasement ' is a charge upon the ,.. " :.;e* “:-.-, .s, ^^ .,>. above described property prior and superior to,the lien or charge of the deed of trust above mentioned and provided that * i 1.3% 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 : a ,; _r .,,I‘ ' : I .-c / ~_ i WHEREAS, it is to 'the"mutua1 benefgt of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing that the grant. of-Easement 'shall, when recorded, s< . . ._ 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: 1. That said Easement in favor of Easement Grantee 2 revised 10/24/90 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- 1254 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. **::^F?*."- -+ _ 3. That this;A.agreemenStcshall be the whole and only I. __ -2 -..$F; "-, =a$-: i;.$p;%,&, &&. agreement with re&d to :t'he subordinationYof-the lien or charge ; i i .:' -.*Wf : I ",'va‘*"‘.~ 1 _ .2;. ,;'F%&. r,;;c .>,& n -i ;:*a'- &$$$ =g;"i, _ _ i . .*" :q:"ri "".s I "$%:;GJr of the deed of tru~~~~~~bove";Elention~~d to%~~%sement in favor of J' i r,' ey*p. '; . "i-Z< ;I :s* Easement Grrntee'above referred to and "shall.~~,~~upersede and ..a‘ * ..~>s#?..;; I T‘ Tr f _ ?J &' -_ :3J.,s;s>;~ ;*. -.,ii L E .~" cancel, bgp;F& ?insofar as wd;l&affect the p.$zr;britir between the .i deed of trust'and Easement -hereinbefore specifically described, d.. any prior agreement as to such subordination including, but not "$ x. ,- -" i: */ ,A . .; limited, those provisions, if any, contained in the,%.deeG of trust - j '. 5 *,: ' 'I above mentioned, which provide for,the subordination of the lien or charge 'Ithereof .to another~~~interest~~in~ thee real property ; .' : :.I,:.+!.;. : ." _ “ ,.", " 9,. : -1‘ ‘ j .; i " ,. '*-.G '., therein descr.ibed;.? :'; ,;;* i ,i', k i .,. j si _i ; ,bl .- 1 '- -: ,, ‘L>,"' ,_ _I 2 / ,-. BENEFICIARY declares' J* ,'1: .\... __ -7. .**:- '3 agrees andacknowledges that: "' ~,.~~~,,.f~J ,' - .‘..$'r ,.o <&X&. ;j:,: ;,: :"' _ ..: ) ,, ,_ 1. He" consents't%,"~a~~~~~~~~~yoves the grant of Easement ,- I x .j %i"‘ : ,‘ l: .‘-- ">..*. : ,I,& ,1.,... , : '& -: i x " 3 ; A. _ i " ' in favor of the Easement Grantee.: __'. “._’ 3 ,: ,__. i” .‘_‘ 2. He intentionallyyand-unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of Easement is being executed and delivered, the Easement is being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance 3 revised 10/24/90 ! . , “’ .* I ,. 1 4 ; :i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1255 companies which would not be made or entered into but for said reliance upon the waiver, relinquishment and subordination; and 3. An endorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. ., BENEFICIARY ; , : '_ -- j SECURITY PACIFIC"NATIONAL BANK; &&ER: n. MISSION WEST EXECUTIVE aC~3ZZ~~p AIRCRAFT CENTER, INC., a /d&-c r$c+ &%J$-&y,-& California corporation Executed onthis 2.2 day of Executed on'the .'527 day of J&+//2: I 192 By : --)-) Tx ,-J,+d;&x By: c&J. /-t-as- k. (authorized signature) (signature) ?t?ze%?tih (title) (title) By: By: (authorized signature) * / mm5 (title) *tie) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CO,RPORATE 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, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Notarial acknowledgemen<of execution by LESSEE and BENEFICIARY must be attached. CMWD 89-210 revised 10/24/90 4 STATE OF CALIFORNIA San Diego COUNTY OF January 2, 1991 1256 r9” arybe th W anie before me the undersigned a Notary Public in and for said State, personally appeared k ____________ ,-----,-,,‘______ L _______ s-1 personally known to me or proved to me on the basis of satisfactoryevidencetobeaVicePresident,~--’----‘------------”-”-““‘--“-‘“““-““‘“‘““‘-” -C~~mtar~~t~meo=*e~~=~~~~~~-~~------------------------------------------- of the SECURITY PACIFIC NATIONAL BANKJhe association that executed the within Instrument, known to me to be the persons who executed the within 8’ , 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. I WITNESS my hand and official seal. (Seal) 030874 a , 2 H % , F 2 x ’ w= a A0 t-u F “Y’.” : ’ . SUSAN E.STOFFREGEN NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY t Mv fammission Exsires Scot. 10, 1 , STATE OF CALlFORNLj COUNTY OF SanDmgo ' SS. on i”gg- day of B, in [he year , before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known IO me (erprowzJ+smean++-r&&&~~er~~) to be the President, and HowardAnderson personally known lo me fatpraM- ctiia4-4 crrictnnrc) t0 be Vice Pre%&-t sreretm of’ the corporation that executed the within Instrument, and acknowledged lo me thal such corporalion executed the within inslru- ment pursuant IO its by-laws or a resolution of its board of directors. Name (Typed or Printed) Notary Public in and for said Counly and Stale F. 2467 R. 1 l/62 (This area for official notarial seal) ,. 8. i ,. ‘t , d *! >*, c . 1257 /- . : n Cii>W fi8rA’mbl I’)“9 P:lIcJlllar~ O:rh., \\‘;I\. xy.mmyr ~CKENGINEEi~INGCO~lI?IZNY pm:; Suilc 200 && CXl.lXlLl. CA 42OlN (~I~IJ~I-x~or, Legal Description TC Ref. -- , J-10683 WATER EASEMENT EXISTING AIRPORT ACCESS ROAD Co. _ : Order No. I Date -. By: JC/dcr.002 ' Descr. 1 I Date: September 5, 1990 Rev. By ---- , Page 1 of 2 EXHIBIT A An easement being a portion of Lot "G" of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823 filed in the Office of the County Recorder of San Diego County on November 16, 1896, described as follows: Commencing at the Southeast corner of that certain aviation lease dated May 24, 1988; thence North 10"52117Y1 West along the Easterly line of said Lease 289.19 feet to the TRUE POINT OF BEGINNING; thence South 79"07'43" West 194.53 feet; thence South 10"52117'1 East 23.49 feet; thence South 79"07*43" West 22.00 feet; thence North lO"52'17" West 10.00 feet; thence North 79"07'43" East 7.00 feet: thence North lO"52'17" West 28.49 feet: thence North 79"07'43" East 209.53 feet to said Easterly line; thence South lO"52'17" East along said Easterly line 15.00 feet to the TRUE POINT OF BEGINNING. CMWD 89-210 2.. ‘- S_&.._ _ -_. -c- , *ph. ‘: . , *, * e .I 7 . . _- I EXH 1258 IBIT “B” LOT “G’ RANG/W AGUA HED/ONL?A MAP No. 823 ._' SCALf: IN=30' VICINITY MAP N.T.S. C.M.W.D. 89-210 PLAT TO ILLUSTRATE RICK ENQINEERINQ COMPANY CIVIL ENOlNEER5. SURVEYORS. PLANNER5 LEGAL DESCRIPTION OF WATER EASEMENTS ,es*pnromnaon#ca WAV.s”meoa r3amB-. CA e- PROJECT NCMeER 10683 SCALE 1” = 30’ 1 DATE I- 22-90 I . _’ f-3 : $3 <\,g-- I