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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 ; i"., 2-1 .": "$2 < $" 5-i ; <P3 f=: -{ q5 q 2 9 ,2 9 - *y $2; ;.&: - 1 .Q $7 F* i " - i2iJ -I i TC, gy :: 4 2 " g;j- $ tr :!@ ; *;d=szw..-"$ * 33% i" -- " i k = = = *zL'= b ~~~~~y.',: ?;-?I-?:?:? .Ji : Ib:zi r;,ic;,;.; :;.2c<j-y< 7fi;T"ii :--;;:;T'.' -rr:-:.75r: xL,...-..:~,., i .2j 1; i z <: i<:-:;!i ; : ~:~j&!.~;!~~ F.?.:: P.".-.r. ~":J.."% T;r;'ni;"",,." ..".-.-.r RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ,/ .>Z? Uit:iz y$;i 'i Xej2~ja~~.~ 3 Gb-rj2L 1793 rrrT 3 : . ,:: : "; :\ !;ln ;-: ~ ., . , . _I Y -_ 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 I .. * 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 I& .. 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" - y, I af 3 te I I MAIL TAX STATEMENTS TO I 1 ne eet Address EXEMPT I& te ~~ I I - 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 I I @ 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 " ,v .e . .EXHIBIT 'I@ 63f3, e g PI ?I W m LEGEND 1803 - INDICATES GENERAL UTILITY EASEMENT Rh pol? .rn qj z "z fF1AG-r aa-aa N OO"50'OO"W U'WAGT NO. @O-Q6 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'