Loading...
HomeMy WebLinkAbout89-C-306; Pacific Ridge Commerce Centre Associates; 90-209556; Subordination Agreement1359 90 209556 PLEASE RECORD THIS DOCUMENT AT ) __ NO FEE AS IT IS TO THE BENEFIT ) f—~" ,w~r,4 \*Z s . * OF THIS DISTRICT (GOV. CODE [6103]) ) < j";"""*, -- RECORDING REQUESTED BY AND ) » .p« ,q |M1{:U5 WHEN RECORDED, PLEASE MAIL TO ) Ittl RrH >" ) i VERAL, LYUE, jCarlsbad Municipal Water District ) COUNTY HtCiWDi_r_J 5950 El Camino Real ) *-"-— " Carlsbad, California 92008 ) NO FPP Space above this line for Recorder's use. A.P.N. 212-092-17 CMWD Project No. 89-C-306 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 YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this day of 1989 by PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a California limited partnership, hereinafter referred to as "Owner," owner of the land and BANK OF THE WEST, a California corporation, hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES did execute a deed of trust, dated November 20, 1989, to FIRST SANTA CLARA CORPORATION, as trustee, covering Lot 3, Carlsbad Airport Centre in the City of Carlsbad, County of San Diego, State of California, according to Map No. 11287 filed July 16, 1985, to secure a note in the the sum of $3,850,000.00 dated November 20, 1989 in favor of BANK OF THE WEST recorded in the 1360 office of the County Recorder of San Diego County on November 22, 1989 as File/Page No. 89-635489 of Official Records/of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated ^6cse»vi OC.V 7 '^{ffi, 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, understood and agreed as follows: 1361 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 1361 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 THE WEST, California OWNER: PACIFIC RIDGE COMMERCE CENTRE ASSOCIATES, a California limited partnership GENERAL PARTNERS: By WILLIAM A-SHIRLEY TULCHAN COMPANY, a Californii corporation NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SE( 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, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. roved as to form:' VINCENT"F. BIONDO, JR. (Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached. CMWD 89-C-306 1363 Notary acknowledgement for Lot 3, Carlsbad Airport Centre State of County of £ppjr/v ) ss On this \^^ day of before me, the undersigned, state, personally appeared known to me (or proved to in the year 1989, a notary public in and for said K.b&(3&T id- G'P&efZ^ , personally me on the basis of satisfactory evidence) to be the person who executed the within instrument as iAc*g PefgSvpQoT or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Signal^ure of Notary/SBBWBMK OFFICIAL SEAL MILLIE CHING NOTARY PU BUG-CALIFORNIA SANTA ClARA COUNTYMy commission expires DM. 29,1919 ««(SSea otary) State of V0~* c— > County of <v$«t On this / L/if, t/-Y~l~V/\0>7 // nCt 1$+ before me, the u lA. - ) ) ss f/W$— ) h day of ^t^^ tef~ nder signed, a notary pub! state, personally appeared known in the year 1989, : in and for said n, f-tb^gflc/K personally me on the basis of satisfactoryto me (or proved to evidence) .to be the person who executed the within instrument as Vtt& Vfg&( Pg*Jl or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Signature Notary) OFFICIAL SEAL MILLIE CHING NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTYMy commission expires Dec. 29.1989 (Seal of Notary) CMWD 89-C-306 1364 Notary acknowledgement for Lot 3, Carlsbad Airport Centre State of County of E£.c> ) ss .) On this day of in the year 1989, before me, the undersigned, a notary public in and for said state, personally appeared William/VShirley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it.OFFICIAL SEAL JANET BRENGI NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My ccmm. expires NOV 23, 1990 Seal of Notary State of County of 'ie.G=ra ) ss .) On this 7-f/4 day of in the year 1989, before me, the undersigned,M a notary public in and for said state, personally appeared Mienael H. Hannah, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it.OFFICIAL SEAL JANET BRENGI NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My ccmm. expires NOV 23, 1990 (Seal of Notary) CMWD 89-C-306 LEGAL DESCRIPTION FOR WATER LINE EASEMENT FOR P.I.P, 89-12 EXHIBIT "A" THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO. 81-46, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1985 BEING STRIPS OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE CENTER- LINES OF WHICH ARE DESCRIBED AS FOLLOWS: 1365 BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 66°07'22" WEST 30.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 23°52' 38" WEST 10.26 FEET; THENCE SOUTH 68°52'38" WEST 79.54 FEET; THENCE NORTH 66°07'22" WEST 125.00 FEET; THENCE SOUTH 23°52'38" WEST 98.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "A"; THENCE SOUTH 23°52'38" WEST 7.80 FEET; THENCE SOUTH 31°15'47" EAST 125.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B"; THENCE SOUTH 31° 15'47" EAST 78.02 FEET; THENCE SOUTH 23I>52'38" WEST 90.56 FEET; THENCE NORTH 66°07'22" WEST 12.00 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "C"; THENCE NORTH 66°07'22" WEST 74.94 FEET; THENCE NORTH 31°15'47" WEST 155.50 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "D"; THENCE NORTH 31°15'47"WEST 101.23 FEET; THENCE NORTH 23°52'38" EAST 5.00 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "E"; THENCE NORTH 23°52'38" EAST 85.95 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "F"; THENCE NORTH 23° 52'38" EAST 77.00 FEET; THENCE NORTH 21°07I22" WEST 31.00 FEET TO A POINT OF TERMINATION. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A" 15.00 FEET TO A POINT OF TERMINATION. THENCE SOUTH 66°07I22" EAST BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 58°44'13" EAST 26.00 FEET; THENCE SOUTH 66°07'22" EAST 15.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C" 25.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D" 31.00 FEET TO A POINT OF TERMINATION. THENCE SOUTH 23°52'38" WEST THENCE SOUTH 58°44'13" WEST THENCE NORTH 66°07"22" WESToBEGINNING AT ABOVE MENTIONED POINT "E" 5.00 FEET; THENCE SOUTH 80° 07 "38" WEST 2rt.OO FEET; THENCE SOUTH 23 52'38" WEST 15.00 FEET TO A POINT OF TERMINATION. SHEET 1 OF 2 C.M.W.D. 89-C.306 136s EXHIBIT "A" TOGETHER WITH A STRIP OF LAND, 26.00 FEET WIDE, LYING 13.00 FEET ON EACH SIDE AND PARALLEL WITH THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE NORTH 66°07'22" WEST 47.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3, SAID POINT BEING SOUTH 23°52'38" WEST 142.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT. THE SIDELINES OF SAID STRIPS OF LAND TO BE LENGHTENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AT THE NORTHERLY LINE OF LOT 3 AND TO END ON THE WESTERLY LINE OF SAID LOT 3. SHEET 2 OF 2 C.M.W.D. 89-C.306 • '-i i36r