HomeMy WebLinkAbout1991-09-03; Municipal Water District; 127; Grant Deed & Subordination AgreementGC7
I CARLSBAD M -- MYPAL WATER DISTRICT - -.SiEhDA BILL ’ c-7 3*
48 # ,L? TITLE: ACCEPTANCE OF GRANT DEED AND SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR FAIRWAYS, CARLSBAD TRACT 90-23, CMWD PROJECT NO. 82-405
?ECOMMENDED ACTION:
CITY MGR. a
Adopt Resolution No. 964 accepting a Grant Deed and Subordination Agreement for water line purposes for Fairways, Carlsbad Tract 90-23.
ITEM EXPLANATION
Fieldstone/La Costa Associates Limited Partnership, 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. Continental Bank, N.A. (formerly Continental Illinois National Bank & Trust), beneficiary of the subject project, has granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Fairways, Carlsbad Tract 90-23, CMWD Project No. 82-405. The subject project is located on the south side of Alicante Road between Altisma Road and Corte de La Vista.
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 from Fieldstone/La Costa Associates Limited Partnership dated July 8, 1991 and a Subordination Agreement from the Continental Bank, N.A. (formerly Continental Illinois National Bank & Trust), dated July 18, 1991.
3. Resolution No. 35-y. accepting a Grant Deed and a Subordination Agreement for water line purposes.
CMWD 82-405
- . , ,’ ‘, -.
/ 1.: I’: ,oo’ .’ Q i /c scflLE. + 8 (i-+ k czwi UECA WJJ / f-l- ---=-‘--q a
B 3 Atv?ca 2
s #@iv DU AlA //727 .\ r;,-,. ..Y. . . . -c.
JL. $,f A \ l05a: ---‘d ,’ +qq . L;d. c05m REsmr hw--‘L i’ SPA
GOLF CWRSE
POR SEC 34s r/zs. AT& srmw
LOCAT/ON MAP
SCALE: /“*560 ’
ITY ENGINEER
.*-. .._,.
j&
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
PLEASE RECORD THIS DOCUMENT AT
NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [6103]) )
1 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Aletha L. Rautenkranz, Secretary
CARLSBAD MUNICIPAL WATER DISTRICT
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
,,-..V.”
I ., ~ I ., )‘ "II_
1 Space above this line for Recorder's use.
: I
Assessor's Parcel No. 216-130-61 .'I" Project Name.&.No. Fairways, Carlsbad Tract 90-23
1 * CMWD Project No. 82-405
‘
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
1
Board of Directors “” 7%. -9% _ ,’ ,.q __,‘ I% EASEMENT
FIELDSTONEjLA'COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited
partnership
I w
does hereby grantto%, CARLSBAD MUNICIPAL WATER DISTRICT, a Public if ,< _L
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,
1 3/14/91 REV.
-
1
2
9 Q
4
5
E
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 protective facilities 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.
///
///
///
///
///
///
///
///
///
///
2 3/14/91 REV. ,
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
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit ttAvv and
Exhibit 18BIt attached hereto and by this reference made a part
hereof.
(I* -‘-". ,' , 'b ' ,t"B. c * ., J 7
a>
‘3,
Egygb~Weg$TOR this ,
,9" GRANTOR:
(see attached)
(name of grantor)
;,., By: (sign here)
;?.
i,; ' I : $ + (title of signatory)
/ , ,,, ,x"d .% By: 4* (sign here) , ‘f . t I ,; (title of signatory) xp
ecution by GRANTOR must be attached.)
CMWD 82-405
3 3/14/91 REV.
EASEMENT F'OR WATER LINE PURKSES Fairways, Carlsbad Tract 90-23
a California limited partnership, as Owner:
By: The Fieldstone Company, A California Corporation, General Partner
By: +- MIKE STEWART, Assistant Secretary
I STATE OF CALIFORNIA
COUNTYOF -A
Isr.
I aI = F On c beiore me. Ihe UndefSiQned, a Notary Public in and lor
<: said Stale. pcrsonalIy appeared L S+cd66 .v end-
z E personally known lo me (or proved lo me on Ihe
< 2
3E
basis of salitlaclory evidence) IO be the persons who executed the wilhin instrument as
i;E -0 Secretary. on behall o:& Rc- LA -ttO &
EU =0 52
“c” the corporation therein name a , and acknowledpeC 10 me lhal
.- 2
6; such corporation executed thewithin insfrumenl pursuant IO its
II bydews or a tesolulion oi ils boare of direclors.
6
E WlTtiESS my hand and otficial seal. L2 : ‘W
x 0 (This area for otficial notarial seal)
CMWD 82-405
UNANIMOUS WRITTEN CONSENT IN LIEU OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE FIELDSTONE COMPANY EFFECTIVE AS OF SEPTEMBER 26, 1990
The undersigned, constituting a quorum of all of the members of the Board of Directors of THE FIELDSTONE COMPANY, a California corporation, do hereby consent, pursuant to the provisions of Section 307 (b) of the Corporations Code and Article III, Sections 9 and 13 of the Bylaws of this corporation, to the adoption of the following resolution effective as of September 26, 1990.
RESOLVED, that Jim Hansen, Assistant Secretary, Mike Stewart, Assistant Secretary, Brian Milich, Assistant Secretary, and John Barone, Assistant Secretary, are hereby authorized to bind the corporation in all matters pertaining to the development of real estate in the City of Carlsbad commonly known as La Costa (The Fairways).
IN WITNESS WHEREOF, the undersigned directors of this
corporation have executed this Unanimous Written Consent on this 26th day of September, 1990.
Peter MI. Ochs
0008TFC.RES
EXHIBIT "A"
WATER EASEMENT SHEET 1 OF 1 SHEET
A 15-FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 11722, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH
9, 1981, AS FILE NUMBER 81-322184 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 AND A POINT ON A 600-FOOT RADIUS CURVE CONCAVE NORTHERLY, SAID CURVE BEING THE CENTERLINE OF ALICANTE ROAD AS DESCRIBED ON SAID PARCEL MAP NO. 11722; THENCE FROM SAID POINT OF.BEGINNING EASTERLY ALONG SAID 600- FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF ll" 31' 27" AN ARC DISTANCE OF 120.68 FEET TO A POINT AT WHICH A RADIAL LINE BEARS SOUTH 12O 07' 47" EAST; THENCE LEAVING SAID CURVE SOUTH 12O 07' 47" EAST, 42.00 FEET TO A POINT ON THE ARC OF A 642.00-FOOT RADIUS CONCENTRIC CURVE, SAID CURVE BEING THE SOUTHERLY LINE OF ALICANTE ROAD (84.00 FEET IN WIDTH) AND SAID POINT AND SAID CONCENTRIC CURVE BEING ALSO THE TRUE POINT OF BEGINNING AND THE NORTHERLY TERMINUS OF THE HEREIN DESCRIBED 15.00-FOOT WIDE WATER LINE EASEMENT; THENCE EASTERLY ALONG SAID 642.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF lo 23' 05" AN ARC DISTANCE OF 15.52 FEET; THENCE LEAVING SAID 642.00 FOOT RADIUS CURVE SOUTH 1' 57' 38" WEST, 74.16 FEET TO A POINT ON THE ARC OF A 44.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 28' 59' 45" EAST; THENCE WESTERLY ALONG SAID 44.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 20' 30' 37" AN ARC DISTANCE OF 15.75 FEET; THENCE LEAVING SAID 44.00-FOOT RADIUS CURVE NORTH lo 57' 38" EAST, 65.68 FEET TO THE TRUE POINT OF BEGINNING.
C.M.W.D. 82-405
LA COSTA
I hta A OR BUR/NG ma/us Lb .- XIGTH
(1) A - //*3/ ‘27” 600. dd’ /zo. 4 58’
I 0 I 9 /Pf77’47” E I -- I 42.-a
@ a= 1023'05" 642.00’ /5x.?
(4) S /*57’38” W - 74*/&v
A = ZOb30”3P
-
@ 1 A - //035’S9a fb42.00’] /29,98’
-I-- SU0WV/SsjoN 2WNmY
CR) IWWL &EW/NG
/////i///j i5’ WZ4C WAEW GfS&MiNT 7Z7 CA&! SB”V M&V&‘/PAL wAS5? D~3~lC~
EW/B/T “8”
CITY ENGINEER
CMMD. 82-405
RIRCE! 2 \ PM A&? I..722 .\
,A
.*-w- \ --.- -e-d .\*
LA. COSTA’ RESORT HOlEl i’ SPA
GOLF CWRSE
: POR. SEC. 36 T/Zs. k?ci/K &TM
LOCAT/oN MP $wE: /I’=sw d
ITY ENGINEER
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by the Deed dated July 8 I e2L.t from
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, I a California limited 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
September 3 I 19-a-, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: September 5 ‘19%.
CARLSBAD MUNICIPAL WATER DISTRICT
ALETHA L. RAUTENKRANZ, Secreta Board of Directors
CmD 82-405
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
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). )
1 RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO
i
; 1
Space above this line for Recorder's use.
A.P.N. 216-130-61 CMWDNo. 82-405
SUBORDINATIOW AGREEMENT
NOTICE: THIS SUBORDINATIONAGREEMENT RESULTS IN YOUR SECURITY INTEREST IN TEE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WEIGH YOUR SECURITY INSTRUWEWT ATTACHES AND EAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this /f -day of fi -/ 19qlby~Fr,~~~/~ COSTA ASSOCIATE LIMIIT~ PAIITNERSHIP, a California
Limited Partnership (Trustor) hereinafter referred to as "Owner II owner of the land and -Bank, N.A. (forrnerily Continenta; Iilinios Watioi%al Bank & Trust)
(Qwner) hereinafter referred to as "Beneficiary" , present owner and holder
of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, Fieldstone/La Costa Associates Limited Partnership (Trustor) did execute a deed of
trust, dated Mvenber5 to First American Title (Date) (Trustee)
Tnwe ComDany astrustee, covering
Fairways, Carlsbad Tract 90-23
I (Brief Legal Description)
(See Exhibit "A*' & "B" for Detailed Description)
1 3/26/91 REV.
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
to secure a note in the sum of One hundred fifty million dollars ///I/// (Lien Amount)
/////////////////////// ($ 150,000,000.00 ) dated November 5 I Continental Bank, N-A. tformeriy Continent@Date) 19 91 , in favor of Lllinios National Bank & Trustj recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on November 17, 1988 , as File No. 88-592631 of Official (Date Recorded) (F/P No.) Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of EASEMENT/EASEMENTS dated
i favor of the Carlsbad Municipal Water District as grantee,
1 hereinafter referred to as "Easement Grantee," creating AN/THE
1 EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS
II I, II I, attached hereto; and
WHEREAS, Easement Grantee is willing to accept said
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a
i 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/EASEMENTS created in favor of Easement
Grantee; and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said EASEMENT/EASEMENTS and
Beneficiary is willing that the grant of EASEMENT/EASEMENTS 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,
2 3/26/91 REV.,
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
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS 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/EASEMENTS 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/EASEMENTS 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/EASEMENTS 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/EASEMENTS 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/EASEMENTS in favor of
/I 3 3/26/91 REV.
1 Easement Grantee above referred to and understands that in reliance
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
won t and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific monetary and other obligations are being and will be
1 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/EASEMENTS in favor of Easement Grantee above referred to
Executed by t ,~~ day OfY~FICIAR; t$& E;;'z bya+JNER 5":kY,
Y BENEFICIARY: CONTINENTAL Bank, N.A. OWNER: SEEATTACHED (formerly Continental Illional National Bank & Trust)
(authorized signature)
(title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION 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
/I 4' 3/26/91 REV. ,,
*. .’
.
.
1
;
2
4
c k
E
7
e
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
(Notarial acknowledgement must be attached.
CMWD 82405 ‘/(." '-"'? 4
\..f: ‘-1~
‘t
/ ”
‘.” ,z.
I
’ 5. ,;
: _’ 8
.i T
‘g I r
+_ ‘y
ii ‘* j ,: I’
: i
o#execution of OWNER and BENEFICIARY
,
5 3/26/91 REV.
-
SUBORDINATION AGREEMENT for water line purposes Fairways, Carlsbad Tract 90-23
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership, as Owner:
By: The Fieldstone Company, A California Corporation, General Partner
By: MIKE STEWART, Assistant Secretary
1 1st.
I
betore me, the undersigned, a Notary Public in and lor
! : 2 said Stale. personally a’ppeared LoRfT aR4
5
2 =..’ personally known to me (or proved lo me on the
: P&
basis of salisfaclory evidence) to be the persons who executed the wilhin instrument as
CE Pm S fl -T -0 Secretary. on behalf 0,
so =a
- /(-,-a c?
2:
1
0,” the corporation lherein named, and acknowledged to m that
suchcorporation executed thewithin instrument pursuant toits <--
I by-laws or a resolution of iIs board of directors.
LT
f? WlTk’ESS my hand and otftcial seal. 4s N 0
s Signature (This area for otficial no:arial seal)
CMWD 87-405
UNANIMOUS WRITTEN CONSENT IN LIEU OF A REGULAR MEETING
OF THE BOARD OF DIRECTORS OF THE FIELDSTONE COMPANY EFFECTIVE AS OF SEPTEMBER 26, 1990
The undersigned, constituting a quorum of all of the members of the Board of Directors of THE FIELDSTONE COMPANY, a California corporation, do hereby consent, pursuant to the provisions of Section 307 (b) of the Corporations Code and Article III, Sections 9 and 13 of the Bylaws of this corporation, to the adoption of the following resolution effective as of September 26, 1990.
RESOLVED, that Jim Hansen, Assistant Secretary, Mike Stewart, Assistant Secretary, Brian Milich, Assistant Secretary, and John Barone, Assistant Secretary, are hereby authorized to bind the corporation in all matters pertaining to the development of real estate in the City of Carlsbad commonly known as La Costa (The Fairways).
IN WITNESS WHEREOF, the undersigned directors of this corporation have executed this Unanimous Written Consent on this 26th day of September, 1990.
4
Peter M/i Ochs
0008TFC.RES
‘t.
I i
;
,, ..r.,* *;- ..i I
5, I in .yv! ..: > _ * 1 .‘$
;.,.,. ,, ;. c. .>..& & >
STATE OF
COUNTY OF &cd-
1 ss. )
I, g17-y pfidor-dt hereby certify that .‘k;h,, Al&, tt’
a Notary Public i? and for said County and State, do and Krl LLL L. -> ir,,t.i. cd ( ,
i/: ‘ If $& J‘-i t 4 t <fi 1 Cit&k. /'./F,L f'/
$kcJively v;( Continentalaidank N.A.,
/
as such \/,cfl ‘f&-,,.l&fl k and
jLt?c. I rbh. tr bier-- appeared before me this day in person and
acknowledged that they signed: sealed and delivered said instrument as their free and voluntary act, and as the free and voluntary act of said ~%?,k. , for the uses and
purposes therein set forth.
Given under my hand and notarial Seal this J& day of ,
19 41.
‘lL /c L&i 3k c
Notary Public
EXHIBIT "A"
WATER EASEMENT SHEET 1 OF 1 SHEET
A 15-FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 11722, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 9, 1981, AS FILE NUMBER 81-322184 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 AND A POINT ON A 600-FOOT RADIUS CURVE CONCAVE NORTHERLY, SAID CURVE BEING THE CENTERLINE OF ALICANTE ROAD AS DESCRIBED ON SAID PARCEL MAP NO. 11722; THENCE FROM SAID POINT OF.BEGINNING EASTERLY ALONG SAID 600- FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF ll" 31' 27" AN ARC DISTANCE OF 120.68 FEET TO A POINT AT WHICH A RADIAL LINE BEARS SOUTH 12O 07' 47" EAST; THENCE LEAVING SAID CURVE SOUTH 12' 07' 47" EAST, 42.00 FEET TO A POINT ON THE ARC OF A 642.00-FOOT RADIUS CONCENTRIC CURVE, SAID CURVE BEING THE SOUTHERLY LINE OF ALICANTE ROAD (84.00 FEET IN WIDTH) AND SAID POINT AND SAID CONCENTRIC CURVE BEING ALSO THE TRUE POINT OF BEGINNING AND THE NORTHERLY TERMINUS OF THE HEREIN DESCRIBED 15.00-FOOT WIDE WATER LINE EASEMENT; THENCE EASTERLY ALONG SAID 642.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF lo 23' 05" AN ARC DISTANCE OF 15.52 FEET; THENCE LEAVING SAID 642.00 FOOT RADIUS CURVE SOUTH lo 57' 38" WEST, 74.16 FEET TO A POINT ON THE ARC OF A 44.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 28' 59' 45" EAST; THENCE WESTERLY ALONG SAID 44.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 20° 30' 37" AN ARC DISTANCE OF 15.75 FEET; THENCE LEAVING SAID 44.00-FOOT RADIUS CURVE NORTH lo 57' 38" EAST, 65.68 FEET TO THE TRUE POINT OF BEGINNING.
C.M.W.D. 82-405
7 -\ sc4M: /*-/OU’ r\. ’ /
////////// 15’ W/N WAZU 4-x5G.w 729 CAR1 S8’V tY&!N/C/FAL WAER D/SIR/CT
CA. CbsirA RESORT HO?-&! f SPA
GOLF CWRSE
i m?. SEC. 34 r/zs. miff saralv
LOCATION M4P
SUM: /*=5ti t
VICJNITY MAP
CMMD. 82405
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
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR FAIRWAYS, CARLSBAD TRACT 90-23, CMWD PROJECT NO. 82-405
WHEREAS, FIELDSTONE/LA COSTA ASSOCIATES LIMITED
PARTNERSHIP, a California limited partnership, have submitted a
Water Line Easement conveying an easement to the Carlsbad Municipal
~ Water District for waterline purposes over a portion of Fairways,
, Carlsbad Tract 90-23, CMWD Project No. 82-405; and a Subordination
1 Agreement from the Continental Bank, N.A. (formerly Continental
' Illinois National Bank & Trust), 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 Costa Fieldstone/La
Associates dated July 8, 1991, conveying an easement for waterline
purposes and a Subordination Agreement dated July 18, 1991, from
the Continental Bank, N.A. (f ormerly Continental Illinois National
Bank & Trust) to agree that foreclosure or other enforcement of
rights under said deed of trust shall not affect said easement over
a portion of Fairways, Carlsbad Tract 90-23, CMWD Project No. 82-
405, which is on file with the Carlsbad Municipal Water District
and is incorporated herein by reference, is accepted.
1
l
. .
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
. 3. That the Secretary of the Board is authorized to
cause the original Deed and Subordination Agreement to be recorded
in the office of the County Recorder of San Diego County, State of
California, with the appropriate Certificate of Acceptability
attached.
PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad
Municipal Water District held on the 3rd day of September I
1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None L4kiiiiH . I
ATTEST:
ALETHA L. RAUTENKRANZ, Secret$ary
(SEAL)
CMWD 82-405
2