HomeMy WebLinkAboutCT 90-05-02; AVIARA MASTER ASSOCIATION; 1996-0042237; Subordination Agreement.. . 0 .4 e=- i E;> E -5 I i > i E iifjy+z 5- .I ;
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AND WHEN RECORDED MAIL TO: ,/
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City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Dr. \i ..' Carlsbad, CA 92008 i
i ti{ SPACE ABOVE THIS LINE FOR RECORDER'S USE.
J ASSESSOR'S PARCEL NO. 215-612-07 PROJECT NO. & NAME: CT 90-05-2
Aviara PA 7, Unit 2 PR 3.5.89 61 PR 3.8.44
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 fi' day of UPC&Kh@f- 19 %-by( P
Aviara Master Association, a California Non-Profit Mutual Benefit
Corporation, hereinafter referred to as llOwner,ll owner of the land
and Aviara Land Associates Limited Partnership, a Delware Limited
Patnership, hereinafter ref erred to as 'IBenef iciary*I : present owner
and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Lyon Communities Inc., a California
Corporation did execute a deed of trust, dated August 17, 1989,
to Ticor Title Insurance Company of California as trustee, covering
(not shown) , to secure a note in the sum of (not shown) dated
August 10, 1995, in favor of Aviara Land Associates Limited
Agreements\AG-l(.frm 1 Rev. 6/26/95
I1 I
1. _I1 ' 0 a 1.194
Partnership, a Delaware Limited Partnership recorded in the office
of the County Recorder of San Diego County on August 17, 1989, as
File No. 89-440105 of Official Records of said county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of EASEMENTS dated June 27, 1995, in favor of the
City of Carlsbad as grantee herein referred to as IIEasement
Grantee,'! creating the EASEMENTS more particularly described in
EXHIBITS A 61 B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTS
provided the grant of EASEMENTS is a charge upon the above described
I
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
EASEMENTS created in favor of Easement Grantee: and
WHEREAS, it is to the mutual benefit of the parties hereto that
Easement Grantee accept said EASEMENTS and Beneficiary is willing
that the grant of 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
EASEMENTS above referred to, it is hereby declared, understood and I agreed as follows:
Agreements\AG-24.f1rn 2 Rev. 6/26/95
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..
* ill ’ 0 0 179s
1. That said 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 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 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 EASEMENTS hereinbefore specifically described, any prior1
I
agreement as to such subordination including, but not limited to,
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 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
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 EASEMENTS is being executed and
delivered, the EASEMENTS 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
Agreernents\AG-24.frm 3 Rev. 6/26/95
0 0 1796
which would not be made or entered into but for said reliance upon
the subordination.
3. This Agreement represents an endorsement to the note
secured by the deed of trust above mentioned and 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.
Executed this lst day of December , 19 95 .
BENEFICIARY: OWNER:
Aviara Land Associates Aviara Master Association, a Limited Partnership, a California Non-Profit Mutual mited Partnership
ens Pamela Whitcomb (print name here) (print name here)
Vice President -President (title and organization of (title and organization of
Scott Medansky 1 Jea x ne Fenton
(print name here) (print name here)
Bsshtant Secretary Cecretarv
(title and organization of (title dnd organization of
signatory) signatory)
(Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs , the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By :
Agreements\AG-aQ.frm 4 Rev. 6/26/95
0 e 1.79 7
State of California 1 1 County of San Diego 1
On c. 4, /94r before me, ATALm4 #!A6 &L&y b4MP-
(DAW (Name, Title of Officer) """i
personally appeared 0- c . f &mF3L 5. JedrC- ME# N.WY GE%?NNG (Namefs] of Signerfs]
M6/H /J?//hA , Sir personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) &/are subscribed to the within
instrument and acknowledged to me that kefske/they executed the same
in b&+har/their authorized capacity(ies) , and that by Msfhr/their
signature (s) on the instrument the person(s) , or entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
I
(This area for official notary seal)
Title or Type of Document A&rn
Date of Document &f. ./. /s?L? No. of PagL 5
ll Signer(s) other than named above -c. ll 1 11
Agreements\AG-24.frm 5 Rev. 6/26/95
ne
!et
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.. e AND WHEN RECORDED MAIL TO
I 1 1 City Clerk
City of Carlsbad Address 1200 Carlsbad Village Dr. Carisbad, CA 92008
0 1798
E )(HI6 IT "A" -
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MAIL TAX STATEMENTS TO
I 1 ne
eet Address EXEMPT
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SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED PR 3.5.89 OF EASEMENT APN 215-6 12-07
The undersigned grantor(s) declare(s): Documentary transfer tax is S 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Uniacorporated ara (x)City of Carisbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby aihwiedged, .. -
Aviara Master Association, a California Ncm-Profit Mutual Benefit Corparation
a corporation organized der the laws of the State of Califda, hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carisbad, County of San Diego, State of California:
an easement for water line purposes as described m Exhibit "A" consisting of one (1) page, attached hereto and made a
part hereof. Exhibit "B coasisting of me (1) page is attached for clarity only.
In Witness Whereof, said corporation has caused its corporate name and seal to be affiid hereto and this instrument to be executed by its President anc~vlce %zem-+ereunto duly authorized. President
DATED June 27. 1995
' STATEOFCALWORNIA )
1 COUNTY OF SAN DIEGO ) -
on before me,
the officer). pemally appeared 9
(lwxeinsertnameandtitled
personallyknowntome(orprovedtomearthebasisofsatisfadory evidence) to be the pem(s) wbae name@) ware subscribed to the
within instrument and acknowledged to me that be/&/hy exended
the same in hi*r/?heir authorized Eapacity(ies), and that by hi*r/theii sign-s) on the instrument the perscm(s), or the mtity upon behalf of which the pem(s) aded, executed the instrument
Aviara Master Associatiaa, a
California Non-Profit Mutual Benefit ComoratiOa
7t fl I
(Nameof~PanY) ~, -
\
B _. (3 '" i t-.L ;Lm/.J .> '. 7'
"' \ (signature)
Name Pam Whitcomb crype or Rint)
Title President
(Type or Print)
WITNESS my hand and official seal. ," "._ "3 w . ",." j
Name- CO 11 ins
.-. &+ . ,' rL ~~
Signature <JlJsignature)
mor-) (sea)
TdeVi re Preci dent
crype 01 Print)
MAIL THIS STATEMENT AS DIRECTED ABOVE
-*. .. ,jj
e(dl01T RA" pl ref 3 3,799
EXHIBIT "A"
LEGAL DESCRIPTION
FOR WATER LINE EASEMENT
THAT PORTION OF LOT 27 OF CITY OF CARLSBAD TRACT 90-05 AVIARA AREA 7 - UNIT
1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 13147, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY SEPTEMBER 19,1994, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 12 OF SAID MAP NO. 13147
SAID POINT BEING ON THE NORTHWESTERLY LINE OF LOT 27 OF SAID MAP NO.
13147; THENCE ALONG THE NORTHWESTERLY LINE OF LOT 27
NORTH 37'3800 EAST, 25.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 37"38'00 EAST,
15.27 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 41'40'00" EAST,
47.82 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD AS
DESCRIBED IN DEED RECORDED JUNE 29,1989, AS FILE NO. 89-345765 OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE SOUTH 40'37'40'' WEST, 15.14 FEET; THENCE LEAVING SAID
NORTHERLY RIGHT-OF-WAY LINE NORTH 41"40'00 WEST, 47.01 FEET TO THE TRUE
POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 712 SQUARE FEET
MORE OR LESS.
-bW&42 G-/j=6
John W. Hill, Jr. C.S.. 5669
Hunsaker & Associates San Diego, Inc.
DAM mswordLn:UegalsU32117aOl .doc wo 02941 17 6/14/95
~~ @EXHIBIT IIEP
uk4Gir $30-06 A$ARA AREA 7
PROPOSED CUUV OF CARLSBAD
LEGEND
INDICATES WATER EASEMENT
PLANNING - iTNGLWXRIN6 - SURVX2lN6
@?S) 668-4600 - FAX (UlD) 668-1414 mm rnmmwrm arm - SIU mdco. CA nnw JOHN W. HIIL, JR. EXPIRES 9/30/95
DEDICATION PLAT - CllY OF CARLSAD NO.
'PLICANT : PREPARED BY I PROJ€CE 1A.P.N.: 215-612-07
HUNSAKER 6 ASSOC.
10179 HUENNEKENS
S.D. CA. 92121
PIQ 3.5.89 EXHIBIT "B"
I :* RECORDING REQUESTE *. W
AND WHEN RECORDED MAIL TO
I City Clerk le City of Carlsbad
et Address 1200 Carlsbad Village Dr.
& Carlsbad, CA 92008
e
1
I I
MAIL TAX STATEMENTS TO
I 1 le
'et Address EXEMPT
& e
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@ 1801 EXHMU 'b " 4 /@j3
SPACE ABOVE THIS LINE FOR RECORDER'S USE WRPORATION GRANT DEED OF EASEMENT PR 3.8.44
nQ/t APN 215-612-07 __
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed on fd value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Aviara Master Association, a California Non-Profit Mutual Benefit Carpotation
a corporation organized uuder the laws of the State of California, hereby GRANTS to
City of CarIsbad, a Municipal Corporation
the following described real property in the City of CarIsbad, Ccnmty of San Diego, State of California: an easement for general utility and access purposes as described in Exhibit "A" consisting of cme (1) page, attached hereto
and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only.
In Witness Whereof, said corporation has caused its corporate name and seal to be affmd hereto and this instrument to
be executed by its President and Vice - - thereunto d~ly authorized.
DATED June 27. 1995 Aviara Master Associatiaq a
President
California Nm-Profit Mutual Elendit Comnticm
STATE OF CALIFORNIA ) ". ._ . - ..- (=me of -PY)
COUNTY OF SAN DIEGO2 DL! il&c"&
on G2HJ,?/eqore me&r#L LgN A&/& ,&e y (side) -
the officer), pemally appearedp&%f r&A L?f.%Yfw~> Name Pam mito
1
ere insect e and title of
personally known to me (1 (Type or Print)
evideme) to be the pem(s) whose name(s) k/a~. subscribed to the
within idmment and acknowledged to me thati@k/they ex- ntle Prec;i hnt
the same in his/h/their authorized Capacityfis), and that by (Type or Print)
hi4per/their signatwe@) m the instrument the perscm(s), 01 the entity
up behalf of which the pem(s) acted. executed the instrument.
WITNESS my hand and Off~cial seal;
a/.. 7 a t&
Name Peggy Collins
(Type or Print)
Title Vice President
(Type or Print)
I(A1L THIS STATEMENT AS DIRECTED ABOVE
.I 0 6 Extww- ‘8 9Zd3 180.2
EXHIBIT “A”
LEGAL DESCRIPTION
FOR GENERAL UTILITY AND ACCESS EASEMENT
THAT PORTION OF LOT 27 OF CITY OF CARLSBAD TRACT 90-05 AVIARA AREA 7 - UNIT
1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 13147, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY SEPTEMBER 19,1994, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE BOUNDARY LINE OF LOT 27 OF SAID MAP
NO. 13147 SAID POINT BEING THE INTERSECTION OF THOSE COURSES BEARING
SOUTH 48’21’00” EAST, 165.00 FEET AND NORTH OO”50’00” WEST, 18.99 FEET; THENCE
ALONG SAID BOUNDARY LINE OF SAID LOT 27, NORTH 48”21’00” WEST,
60.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY LINE, NORTH 48’21’00” WEST, 37.02 FEET; THENCE LEAVING SAID
BOUNDARY LINE, NORTH 39’57’00 EAST, 53.75 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF AMBROSIA LANE AS SHOWN AND DEDICATED ON CITY OF
CARLSBAD TRACT 85-35 PHASE I UNIT “C” ACCORDING TO MAP THEREOF NO. 1241 1
FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 29, 1989, SAID POINT BEING
ON THE ARC OF A NON-TANGENT 370.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 36’04’44 EAST;
THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF WAY LINE AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05’43’58’’ A DISTANCE OF 37.02
FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE ,
SOUTH 39”57’00” WEST, 55.50 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 2032 SQUARE FEET
MORE OR LESS.
%&/A,%. JQZN W HILL, JR’ 1. s 5669
PAGE 1 OF I
DA:kk msword\m:\legals\0294\117a02.doc
WO 0294-1 17 6/14/95
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,v .e . .EXHIBIT 'I@ 63f3, e g PI ?I
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LEGEND 1803 -
INDICATES GENERAL UTILITY EASEMENT
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VICINITY MAP
NOT TO SCALE
p"Nc - ZNGINZBRINC - SVRI?KYINc
(erg) 668-1600 - rAx (ma) 668-1414 ~17~ mmmm .mum - SAN DIB, EA amm JOHN W. HIIL, JR. EXPIRES 9/30/95
DEDlCATiON PLAT - CITY OF CARLSBAD NO.
'PUCANT : PREPARED BY I FROJKT: 1A.P.N.: 215-612-07
HUNSAKER S ASSOC.
10179 HUENNEKENS
S.D. CA. 92121
PR 3.8.44
EXHIBIT "8'