HomeMy WebLinkAbout1991-09-10; Municipal Water District; 128; Grant Deeds & Subordination Agreements1 r '\
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7 CARLSBAD MWICIPAL WATER DISTRICT -eENDA BILL 1,"'
AB# )%% TITLE:ACCEPTANCE OF TWO GRANT DEEDS AND DEPT. t
MTG. y-lo-91 TWO SUBORDINATION AGREEMENTS FOR WATER CITY ~1
DEPT. 85-24, C.R.C., CMWD PROJECT NO. 90-C-344 ClTYM( LINE PURPOSES FOR LOT 70, UNIT 4, C.T.
RECOMMENDED ACTION:
Adopt Resolution No. 755 accepting a Grant Deed
Subordination Agreement for water line purposes.
ITEM EXPLANATION
Cobra-Blackmore, developers of the subject project,
granted two easements, one for water line llA1t and one for line lrB1l as directed in the attached documents. The ease
are granted to the District for maintenance and operation c Water service to the project. Imperial Bank, beneficiary c
sub] ect project, has granted two subordination agreements
for water line llAII and one for water line rlB1l, to agree
foreclosure or other enforcement of rights under said de<
trust shall not affect said easements for Lot 70, Un
Carlsbad Research Center, Carlsbad Tract 85-24, CMWD Proje
90-C-344. The subject project is located on the north s:
Aston Avenue west of College Boulevard and south of Fi
Avenue.
Engineering Staff has reviewed the Grant Deeds and Subordii Agreements and find all four documents satisfactory for intended purposes.
FISCAL IMPACT
Requiring dedications and subordination agreements condition of water system improvements will save the Di expenses in future easement acquisitions n
EXHIBITS
1. Location Map.
2. Two Deeds from Cobra-Blackmore dated July 16, 1991 a Subordination Agreements from the Imperial Bank date 16, 1991.
3. Resolution No. 755 accepting two Grant Deeds a'
Subordination Agreements for water line purposes.
CMWD 90-C-344
Pf?OJ€tT NUM€ : pR&&Lr n/o
C06#4 GOLF M&LW CMUO
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CfryUf c14uii4mn C&1?'46&7 MuiWffW IcGQrzi? Q~RRW- COT 70, wiru, ~R~LTB~B~, MClPf/B// v
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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:
1 1 1 1
City Clerk City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008
Project Name & No. Lot 70, Unit 4, Carlsbad Tract 85-24, Map Carlsbad Research Center, CMWD Project No. Water Line "A"
DOCUMENTARY TRANSFER
TAX: None
CARLSBAD MUNICIPAL WATER DISTRICT
Aletha L. Rautenkranz, Sel
Board of Directors
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EASEMENT
COBRA-BLACKMORE, a California general partnership
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a
Agency organized in the- State of California, its successc
assigns, an easement.
Purpose! The easement granted herein shall be 5
for the following purposes: the construction, operation, 1
reconstruction and all activities necessary to cons
reconstruct, operate, maintain and repair facilities desigr
the general purpose of collecting, storing, transporting, 1
and treating all water, including surface water, stream
flood water and ground water flowing into said facilities, E
natural and artificial drainage ditches and structures of an!
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located wit1
upon the properties more particularly described in Exhibit
Exhibit IrB" attached hereto and by this reference made
hereof.
Executed by t GRANTOR /dfi day ofpy
% ' 19%.
GRANTOR: COBRA-BLACKMORE , . California General Partnersh
, General Partner: Managing G
, ' Partner, Allen Joseph Blach i
(name of grantor,
By :
Trustee of the Blaclanore Fam.
dated May 20, 1976
' By: ~~~~&hbk he e)
c/ctit/e of signatc
(sign here)
I title of signatl;
\
2 77h?44 &J&i&J
xnnnn~rvn AC rnn unnw. __
WITNESS my hand and official seal.
-/{e4 4
Notary Public in and for said County and State.
I.
Notary Seal
i
1 e 0 f
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveye
by the Deed dated , 19-, from
COBRA-BLACKMORE, a California general partnership
as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Wate
District Act of 1911, as amended, is hereby accepted by order o
the Board of Directors of the Carlsbad Municipal Water District o
I 19 , and the Grantee consents t
recordation thereof by its duly authorized officer.
DATED : I 19-,
CARLSBAD MUNICIPAL WATER DISTRICT
By:
ALETHA L. RAUTENKRANZ, Secretar
Board of Directors
CWD 90-C-344
-SOWARDS AND à OWN ENGINEERI~
JN 89-164(W/L i November 21 , 199
Lot 70, Map No. 11 81
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
PUBLIC WATER LINE EASEMENT
WATER LINE "A" LOT 70, MAP NO. 11 81 1
That portion of Lot 70, Unit 4, Tract 85-24 as shown on Map No. 11 81 1 , in the City of Carlsbad, County of San
Diego, State of California, according to map thereof filed in the Office of the Recorder of the County of San DieQ
on May 19, 1987, being 15.00 and 10.00 foot strips of land more particularly described as follows:
Beginning at the Southeasterly corner of said Lot 70, said corner being also a point on a 336 foot radius curve
concave Southeasterly, from said point of which a radial line bears South M037'32" East, said curve being alsc
the Northerly right of way of Aston Avenue as shown on said Map No. 11 81 1 l thence along arc of said right of w,
1. Southwesterly 67.07 Feet Through acentral angle of 11'26'13" to the TRUE Poll
OF BEGINNING, which a radial line bears South 16'03
East; thence leaving said right of way
2. North 04°37J32" West 234.15 Feet: Thence
3. North 75'1 4'40" East 40.51 Feet; Thence
4. North 14°45'20" West 10.00 Feet: Thence
5. South 75O14'40" West 39.43 Feet; Thence
6. North 49'37'32" West 21.97 Feet; Thence
7. North 71°23'09" West 247.57 Feet; Thence
8. North 18'36'51 " East 18.00 Feet; Thence
9. North 71°23'09" West 15.00 Feet; Thence
10. South 18'36'51 ,, West 33.00 Feet; Thence
11. South 71O23'09" East 259.68 Feet; Thence
12. South 49'37'32" East 13.85 Feet; Thence
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CMWD 90-C.344
2187 NEWCASTLE AVENUE SUITE 202 CARDIFF BY THE SEA, CA 92007 619/436-8
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13. South 04°37'32" East 240.68 Feet To a point on a 336 Foot radius non-tangent curve conci
Southeasterly, from said point of which a radial line bear South 18'41 '07" East, said curve being also the Northel
right of way of Aston Avenue as shown on Map No. 1181
Thence along arc of said right of way.
14. Northeasterly 15.38 Feet Through a central angle of 0$37'22" to the TRUE POlh
OF BEGINNING.
Containing in all 0.195 Acres, more or less.
,/
CMWD 90-C.344
1 r a e
SOWARDS AND BROWN ENGINEERING, INC. ES-1161M
JOB NAME.... .COBRA GOLF FILE..0089-164
11-20-1990 TIME 13:17:59 207 LOTS----------------------------------------------------
LOT#.....ESMT A
BLOCK#.....o...O
COURSE # BEARING AZIMUTH DISTANCE COR 1 N 4/37/32.0 W 355/22/28.0 234.154 482
2 N 75/14/40.2 E 75/14/40.2 40.512 490
3 N 14/45/19.8 W 345/14/40.2 10.000 490
4 S 75/14/40.2 W 255/14/40.2 39.425 490
5 N 49/37/32.0 W 310/22/28.0 21.967 490
6 N 71/23/09.0 W 288/36/51.0 247.565 482
7 N 18/36/51.0 E 18/36/51 o 0 18 0 000 482
8 N 71/23/09.0 W 288/36/51.0 15.000 482
9 S 18/36/51.0 W 198/36/51.0 33.000 482
10 S 71/23/09.0 E 108/36/51.0 259.682 482
11 S 49/37/32.0 E 130/22/28.0 13 . 845 482
12 S 4/37/32.0 E 175/22/28.0 240.680 482
13 CURVE TO THE RIGHT
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RADIUS.*.oo* 3360000
DELTA....... 2/37/21.8 LENGTH...... 15.380 4829
CHORD....... N 72/37/33.8 E - 15.379
I---I~oIIIIIoIoII-LII----~--------~~-~----------------.-~---.-------------
AREAoo.*o*e 8490 SQeFT.
AREA................. 0.195 ACRES
......................................................................... PERIMETER.... 1189.210 FEET
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@h%//on/ OF LOT F
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LOCATION MAP
C06R4 GOLF F4tILl7-V
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PLEASE RECORD THIS DOCUMENT AT
NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [6103]). 3
RECORDING REQUESTED AND
WHEN RECORDED, PLEASE MAIL TO
City Clerk
City of Carlsbad
1.200 Carlsbad Villa
A. P. N. 212-120-06
CMWD No. 90-C-344
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
AND HAS THE POTENTIAL EFFECT OF
REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
YOUR SECURITY INSTRUMENT ATTACHES
*,
THIS AGREEMENT, made this /& day of
COBRA-BLACKMORE, a California General Partnership 19-by
hereinafter referred % to as tlOwner,ll owner of the 1~
hereinafter referred
of the deed of trust hereinafter described;
(Trustor)
IMPERIAL BANK, a California corporation
(Owner)
3/
as IIBeneficiaryfl, present Owner and
WITNESSETH
THAT WHEREAS, Cobra-Blackmore , a California General P; (Trustor) did execute a dE
trust, dated January 2 , , 19 91 to Imperial Bank, a Calj
Corporation as trustee, covering
Lot 70, Unit 4, Carlsbad Tract 85-24, Map 11811, Carlsbad Research Cer
CMWi Project No. 90-C-344, Water Line "A"
- (Date) (Trustee)
(Brief Legal Description)
(See Exhibit "A" & ''Ell for Detailed Description)
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to secure a note in the sum of Three Million, Five Hundred Colars
.......................... $ 3,500,000.00 ) dated January 2 (Date 1991, in favor of Imperial Bank, a California Corporation ret
(Lien Amount)
(Beneficiary) in the office of the County Recorder of San Diego (
(County)
1 on January 7, 1991 I as Fibe NQ, 91-0006188 of Of
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(Date Recorded) (F/P No.)
Records of said county; an
WHEREAS, executed, or is about to execu
grantor, a grant of EASEMENT/EAS
favor of the Carlsbad Munic rict as gr
hereinafter eferred to as "Easement Grantee, II creating
EASEMENT/EASEMENTS more pa icularly described in EXHIBIT/EX
"A" & "B" attached here
WHEREAS, Easement Grantee is willing to accept
EASEMENT/E ENTS provided the grant of EASEMENT/EASEMENT:
charge upon the above described property prior and superior
lien or charge of the deed of trust above mentioned and pr
that beneficiary will specifically and unconditionally subor
the lien or charge of the deed of trust above mentioned to th
or charge of the EASEMENT/EASEMENTS created in favor of Ea
Grantee; and
t.
WHEREAS, it is to the mutual benefit of the p
hereto that Easement Grantee accept said EASEMENT/EASEMEN'
Beneficiary is willing that the grant of EASEMENT/EASEMENTS
when recorded, constitute a charge upon said land whj
unconditionally prior and superior to the lien or charge
deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual be
accruing to the parties hereto and other valuable consider
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the receipt and sufficiency of which consideration is
acknowledged, and in order to induce Easement Grantee to
said EASEMENT/EASEMENTS above referred to, it is hereby dec
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Ea -
Grantee shall unconditionally be and remain at all times a
on the property t ein described, prior and superior to th
or charge of the d of trust ove mentioned.
2. That Easement Grantee would not accept
EASEMENT/EASEMENTS above described without this subordi
agreement.
3. That this agreement shall be the whole anc
agreement with regard to the subordination of the lien or chz
the deed of trust above mentioned to the EASEMENT/EASEME
favor of Easement Grantee above referred to and shall supersc
cancel, but only insofar as would affect the priority betwe
deed of trust and EASEMENT/EASEMENTS hereinbefore specif
described, any prior agreement as to such subordination incl
but not limited, those provisions, if any, contained in the c
trust above mentioned, which provide for the subordination
lien or charge thereof to another interest in the real pr
therein described.
BENEFICIARY declares, agrees and acknowledges the
1. He consents to and approves the gra
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally b
relinquishes and subordinates the lien or charge of the d
trust above mentioned to the EASEMENT/EASEMENTS in fa7
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Easement Grantee above referred to and understands that in re
upon, and in consideration of, this waiver, relinquishme1
subordination of the grant of EASEMENT/EASEMENTS is being ex
and delivered, the EASEMENT/EASEMENTS IS/ARE being create(
that specific monetary and other obligations are being and w
entered into by the Eas , other lenders and
insurance companies which would-not be made or entered in
for said relia upon t waiver, relinquishment
subordination; and
An endorsement has been placed upon the note s
by the deed of trust above mentioned that said deed of trust
this instrument been subordinated to the charge 0:
EASEMENT/EASEMENTS in favor of Easement Grantee above referr
Executed by the BENEFICIARY this Executed t e OWNER th /19 dayyl{/ I
BENEFICIARY: OWNER: COBRA-BLACKMORE, a C
IMPERIAL B General Partnership, General
Corporatio Managing General Partner
BY: By: (authorized signat
Allen Joseph Blackmore, Trust1 the Blachre Family Trust da
May 2711y6 (t'tle)
BY: By: // A<PJ)&h$k
I,' (aumor$zed signat
y&flt?fl&5 &!&{[/f/$k
0 /(title>
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRET;
ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OI; DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE
OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SEC
OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPO THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILl SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATT
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF
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State of California 1
County of Los Angeles 1
On July 18,1991, beZore me a notary public in and for said state, personally appeared Richard Raker,
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nam
indicated at the signatme point.
subscribed to the within instrument and acknowledged to me that he or she executed the same in the CE
wI11yE;sS my hand and official seal.
LOS ANGELES COUNTY
(seal) GENERAL COUNSEL
91 , 19-, before me, the undersigned, a Notary Publlc in and JULY 16TH
ALLEN JOSEPH BLACKMORE, MANAGING GENERAL PARTNER FOR COBRA-BLA
A CALIFORNIA GENERAL PARTNERSHIP
ONE of the partners of the partnership that executed the within instrument. and known to me to be
acknowledged to me that such partnership executed the same.
Notary Seal
ic in and for said County and State. i I !
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State of California 1
County of Los Angels 1
On July 18, 1991, before me a notary public in and for said state, personally appeared Randall ISvers, p
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name
subscribed to the within instrument and acknowledged to me that he or she executed the same in the ~ll:
indicated at the signature point.
3
WITNESS my hand and otlicial seal.
Signature (Seal)
CapaciQ of Sighatow VICE
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTl
WITH RESPECT THERETO.
Approved as to form:
Vincent F. Biondo, Jr., General Counsel
(Notarial acknowledgement of execution of OWNER and BENEF
must be attached.
CMWD 90-C-344 -.
5 3/26/9
-sL~wAHDS AND WOWN ENGINEERI-
JN 89-164(W/L I
November 21,19E
Lot 70, Map No. 1181
EXHl BIT "A"
LEGAL DESCRIPTION
FOR
PUBLIC WATER LINE EASEMENT
WATER LINE "A" LOT 70, MAP NO. 1181 1
That portion of Lot 70, Unit 4, Tract 85-24 as shown on Map No. 11 81 1, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof filed in the Office of the Recorder of the County of San Die! on May 19,1987, being 15.00 and 10.00 foot strips of land more particularly described as follows:
Beginning at the Southeasterly corner of said Lot 70, said corner being also a point on a 336 foot radius curve
concave Southeasterly, from said point of which a radial line bears South M037'32" East, said curve being alsc
the Northerly right of way of Aston Avenue as shown on said Map No. 1181 1, thence along arc of said right of w
1. Southwesterly 67.07 Feet Through a central angle of 11'26'13" to the TRUE Poll
OF BEGINNING, which a radial line bears South 16O03 East; thence leaving said right of way
2. North 04'37'32" West 234.15 Feet; Thence
3. North 75'1 4'40" East 40.51 Feet; Thence
4. North 14°45120w West 10.00 Feet; Thence
5. South 75'1 4'40" West 39.43 Feet; Thence
6. North 49'37'32" West 21.97 Feet; Thence
7. North 71'23'09" West 247.57 Feet; Thence
0. North 18'36'51 " East 18.00 Feet; Thence
9. North 71°23'09" West 15.00 Feet; Thence
10. South 18'36'51" West 33.00 Feet; Thence
11. South 71°23'09" East 259.68 Feet; Thence
12. South 49'37'32" East 13.85 Feet; Thence
.I .,
CMWD 90-(3.344
2187 "CASTLE AVENUE SUITE 202 CARDIFF BY THE SEA, CA 92007 619/436-€
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13, South 04'37'32" East 240.68 Feet TO a point on a 336 Foat radius non-tangent curve conc Southeasterly, from said point of which a radial line be;
South 18'41 '07" East, said curve being also the North(
right of way of Aston Avenue as shown on Map No. 11 8
Thence along arc of said right of way.
14. Northeasterly 15.38 Feet Through a central angle of 093722" to the TRUE POP
OF BEGINNING.
Containing in all 0.1 95 Acres, more or less.
CMWD 90-C.344
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RESOLUTION NO. 755
f A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 70, C.R.C. UNIT 4, C.T. 85-
24, CMWD PROJECT NO. 90-C-344
WHEREAS, COBRA-BLACKMORE, a California gE
partnership, have submitted two Water Line Easements conveyj
easement tothe Carlsbad Municipal Water District for waterlii
and waterline ltBll for waterline purposes over a portion of LC
Carlsbad Research Center Unit 4, C.T. 85-24, CMWD Project No.
344; and two Subordination Agreements from the Imperial Bank
provides that foreclosure or other enforcement of rights unde
deeds of trust shall not affect said easements attached there
shall be made a part thereof;
WHEREAS, the Board of Directors of the Carlsbad Mun.
Water District has determined it to be in the public intert
accept said Deeds and Subordination Agreements;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Dirc
of the Carlsbad Municipal Water District as follows:
1. That the above recitations are true and corr
2. That the Grant Deeds from Cobra-Blackmore date
16, conveying an easement for waterline ttA1v and waterline I1
waterline purposes and two Subordination Agreements dated Ju
1991, from the Imperial Bank to agree that foreclosure or
enforcement of rights under said deeds of trust shall not
said easements over a portion of Lot 70, Carlsbad Research
Unit 4, Carlsbad Tract 85-24, CMWD Project No. 90-C-344, whi
on file .with the City Clerk of the City of Carlsbad a1
incorporated herein by reference, are accepted.
3. That the Secretary of the Board is authorize
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cause -the two original Deeds and two Subordination Agreement
recorded in the office of the County Recorder of San Diego C
State of California, with the appropriate Certificati
Acceptability attached.
PASSED, APPROVED AND ADOPTED at meeting of the Ca
da Municipal Water District held on the 10th
September , 1991 by the following vote, to wit:
AYES:
NOES: Nme
ABSENT: None
Council Members Lewis, Kulchin, Larson, Stanton and Nygaa
&JKL
CLAUDE A. EWIS, Preside,
ATTEST:
ALETHA L. kAUTENKRANZ, Secrkytary
(SEAL)
CMWD 90-C-344
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