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HomeMy WebLinkAbout88-602; KELLY LAND COMPANY; 1998-0023823; Subordination AgreementcW 65 RECORDING REQUESTED BY Kelly Land Company AND WHEN RECORDED, PLEASE MAIL TO i City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the City (Gov. Code [6103].) DOC 01998-0023823 JAN 16, 1998 12 = 0*7 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 208-020-34 PROJECT NO. & NAME: Cannon Road Project 88-602. Kellv Ranch. SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT 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 day of A/Ove,nt . 19<?7 . by KELLY LAND COMPANY, a Delaware corporation, owner of the land described and hereinafter referred to as 'Owner," and KELLY FAMILY INVESTMENT LIMITED PARTNERSHIP, a California limited partnership, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH THAT WHEREAS, KELLY LAND COMPANY, a Delaware corporation did execute a deed of trust, dated September 27. 19 96 to CHICAGO TITLE COMPANY, a California corporation _ 10/20/97 Rev. w as trustee, to secure a note in the sum of Six Hundred Eighty Thousand Dollars ($680.000.00) dated September 27. 1996 in favor of KELLY FAMILY INVESTMENT LIMITED PARTNERSHIP, a California limited partnership recorded in the office of the County Recorder of San Diego County on September 27. 1996 as File No. 1996-0490002 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated (f3p/4? in favor of the City of Carlsbad as grantee, hereinafter referred to as "Easement Grantee," creating '/^ AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A" &"B" attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS 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/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, 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 10/20/97 Rev. • ' W , , 67 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. I (We) consent to and approve the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this 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 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 subordination; and 10/20/97 Rev. W 68 3. This agreement represents an endorsement to 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 this IS day of BENEFICIARY: KELLY FAMILY INVESTMENT LIMITED PARTNERSHIP, a California limited partnership (authorized signature) ALLAU (name) Its: (title) (name) its: (title) Executed this 19 <? 7. .day of J/dU'• OWNER: KELLY LAND CpMPANY, a Delaware corporation (name) (title) (authorized signature) By: (name) (title) Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 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. IF SIGNED BY AN INDIVIDUAL PARTNER, THE PARTNERSHIP MUST ATTACH A STATEMENT OF PARTNERSHIP AUTHORIZING THE PARTNER TO EXECUTE THIS INSTRUMENT. 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: RONALD R. BALL, City Attorney By: JANEMOBALDI, Deputy City Attorney CMWD 88-602 10/20/97 Rev. c EXHIBIT 'A' LEGAL DESCRIPTION FOR SEWER EASEMENT APN 208-020-34 LEG/13173E.DOC, J/30/97, LN/3H ALL THAT PORTION OF LOT "I" OF RANCHO HEDIONDA, IN THE CITY OF CARLSBAD/ COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, NOVEM- BER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT POINT NO. 17 OF LOT "I" OF SAID MAP NO. 823; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "I" 1. SOUTH 86°51I11" EAST 2. NORTH 48°19'47fl EAST 3. NORTH 17°03'58" WEST 4. NORTHERLY 5. NORTH 09°51'42" EAST 6. NORTHERLY 7. NORTH 40°51'04" EAST 1,517.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE 376.57 FEET; THENCE 87.74 FEET TO THE BEGINNING OF A TANGENT 475.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 223.24 FEET THROUGH A CENTRAL ANGLE OF 26°55I40"; THENCE 69.49 FEET TO THE BEGINNING OF A TANGENT 475.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 256.91 FEET THROUGH A CENTRAL ANGLE OF 30°59'22"; THENCE 662.13 FEET TO THE BEGINNING OF A TANGENT 225.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE PAGE 1 OF 3 8. NORTHEASTERLY 9. SOUTHWESTERLY 10. SOUTHWESTERLY 11. SOUTH 40051I04" WEST 12. SOUTH 22°23'29" WEST 13. SOUTH 12°09'07" WEST 14. SOUTH 12°28'52" WEST 15. SOUTH 11°22'43" EAST 16. SOUTH 20°42'29" EAST 17. NORTH Se'Sl'll" WEST 18. NORTHWESTERLY 19. NORTH 21004'38" WEST 70 127.49 FEET 61.63 FEET 20. NORTHWESTERLY IEC/1317SE.DOC, 9/30/97, W/SH TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 1,101.00 FEET CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 73°43'48" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 12'27" TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 175.00 FEET CONCAVE SOUTHEAST- ERLY, A RADIAL TO SAID BEGINNING BEARS NORTH 26°38I29" WEST; THENCE ALONG THE ARC OF SAID CURVE 68.74 FEET THROUGH A CENTRAL ANGLE OF 22°30'26"; THENCE 656.33 FEET; THENCE 121.87 FEET; THENCE 248.90 FEET; THENCE 36.00 FEET; THENCE 42.37 FEET; THENCE 444.52 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT "I"; THENCE ALONG SAID SOUTHERLY LINE 75.20 FEET TO A POINT ON A NON-TANGENT 225.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 53°48'38" WEST; THENCE ALONG THE ARC OF SAID CURVE 59.35 FEET THROUGH A CENTRAL ANGLE OF 15°06'44"; THENCE 79.16 FEET TO THE BEGINNING OF A TANGENT 1,425.00 FOOT CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 98.69 FEET THROUGH A CENTRAL ANGLE OF 03°58'05"; THENCE PAGE 2 OF 3 o 71 LEG/13173E.DOC, 9/30/97, LX/SH 21. SOUTH 48019'47" WEST 303.36 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT "I"; THENCE ALONG SAID SOUTHERLY LINE 22. NORTH 86051'11" WEST 70.94 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.77 ACRES MORE OR LESS. DALE R. PLS 5127 EXPIRATION DATE 6/30/99 DATE PAGE 3 OF 3 JO.72 CURVE C1 C2 C3 C4 C5 UHE LI L2 L3 1 AtT 15 1 £Lo L7 L8 1 RADIUS \ 225.00' 1425.00' 225.00' 175.00" 1101.00' I DIRECTION N86-51'11"W N86'51'11"W N17V3'58"W U1 9*9O'G9mCNIZZO3Z t N11'22'43"W N21V438 W N09m51'42"E N22-23'29"E DELTA | 15V6'44' 03"58'06' 32-27'55' 22'30'27" 0312'2r \ DISTANCE 70.94' 75.20' 87.74' m ftft'JO.UU4zzr 79.16 69.49' 121.8T LENGTH 59.35' 98.69' 127.49' 68.74' 61.64' &*%-.v MA,"-™-AySv/.v.'.-.^xCSsssSS- ^Jv^ SEW* EASEMENT GRANTED HEREON DALE R. TXEENHALGH LS. 5127 REGISTRATION EXPIRES 6/30/99 &urun 4.~;.'4 uzr,*/>• •**• *w /"%vw«*t t tb.w • «*H« ••«^* w«.««SOUTHERL] LINE LOT T PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SAN DIEGO, CA 92121 PH: (619) 235-6471 SET*O? EASEMENT 1317CMW6.DWG SHEETI art 73 STATE OF CALIFORNIA COUNTY OF _§ On before me, DATE personally appeared NAME AND TITLE OF OFFICER / ' NAME(S) OF SIGNER(S) personally known to me - OR - " proved to niu un the basis Of KfcillbfdUory evidence, to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that •he/she/they executed the same in his/I m /their authorized capacity(ies), and that by hts/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY fKathleen Anne Farley* Comm. #1018933 ,TARY PUBLIC-CAUFOI SANOCOOOOUNTY (This area for official notary seal.) Title or Type of Document Date of Document //". Signer(s) other than named above. No. of Pages. CMWD 88-602 06/14/95 Rev. ff" STATE OF CALIFORNIA COUNTY OF tes. 74 On beforeme. DATE personally appeared -T o \LJ\\IY ^ ,*«,.^,^. NAME ANDTITLE OF OFFICER H. rubliu /Tl . NAME(S) OF SIGNER(S) personally known to me - OR - [proved to me on the basis of satisfactory evidence] to be the persor|s)'\ teJCTp subscribed to the within instrument and acknowledged to me that h^^ejthgyxexecuted the same inv authorized capacity(ies), and that by nig?l^r/their^ignatuiie(sy on the instrument the persorf(syor the entity upon behalf of which the person(sj)acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) Signer(s) other than named above. Title or Type of Document &(JibOrf\infchDn~ r. Date of Document /O-/3 '(7f No. of Pages CMWD 88-602 06/14/95 Rev.