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HomeMy WebLinkAboutCUP 258B; KSL LA Costa Resort Corporation; 2003-0760013; Subordination AgreementllOC # 2003-0760013 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) JUN 269 2003 4=09 PPI OFFICIft Ern SIVI DIEGO lD.INTY RECORDER'S OFFICE GREGORY J. WITH, CWl4TY REGllfER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 216-123-07 PROJECT NO. & NAME: LA COSTA RESORT AND SPA Waterline easement for PR 02-140 CUP 258(B) SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO THE 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 is made this &!&day of ab&, 20 67 by KSL La Costa Resort Corporation, owner of the land hereinafter described and hereinafter referred to as "Owner," and Wells Fargo Bank, National Association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, KSL La Costa Resort Corporation, did execute a deed of trust, dated April 29, 2002 to American Securities Company, as trustee, to secure a note in the sum of $60,000,000 dated April 29, 2002 recorded in the office of the County Recorder of San Diego County on April 30,2002 as File No. 2002-0363030 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of , in favor of the Carlsbad Municipal Water District as EASEMENT dated 3 ' 25-O3 1 H.1Development ServiceslMasterslFomslSubrdination Agt Trust Deed Holders CMWD Rev. 5/31/00 grantee herein referred to as "Easement Grantee" creating an EASEMENT more particularly described in EXHIBITS A & 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 that 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: 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 to, those provisions, if any, contained in the deed of trust above mentioned, which 2 H:/Development Services/Masters/Forms/Subordination Agt Trust Deed Holders CMWD Rev. 5/31/00 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 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 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 is being executed and delivered, the EASEMENT is 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. Ill Ill Ill Ill Ill Ill Ill Ill Rev. 5/31/00 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 in-strument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. BENEFICIARY: Wells Fargo Bank, National Association OWNER: KSL La Costa Resort Corporation, a W \ A +-c. - (print nd here)- (titlb and organizati~ of dgnatory) By: 4 (title and organi%tion of signayory) (Proper notarial acknowledgment of execution attached.) (print name here) In kYLu (I (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) by BENEFICIARY AND OWNER must be (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 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 General Counsel By: PA&!& K I P&+tLLkW~ Deputy General Counsel 4 H:IDevelopment ServiceslMasters/FormslSubordinalion Agt TNSI Deed Holders CMWD Rev. 5/31/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Name and lille 01 OHcer (e.9.. "Jane Doe. Ndary Publc") On Gf '- 1% - 2DG3 before me, Date J Name@) 01 Signer(s) personally appeared ?Lu '-kl *q @personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Sig tule 01 NOlaW Publlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reanachment of this form to another document. r- Description of Attached Document Title or Type of Document: .5Uh~' &&4- hTmt(waHDk) Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 3- 25 - 500'3 Number of Pages: 5w +Aw FS bLt. -5&-Awq r 0 Individual &Corporate Officer - Title(s): Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: LLkr_J-i; -k4C .TL?Lh&, h). A. B I999 National Notary Associatkn * 9350 De Solo Ave.. P.O. Box 2402 - Chabworth. CA 913132402 - www.nati0nalnoiaiy.org Prod. No. 5907 Reorder: Call TdCFree 1-800-876-6827 ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Lb5 Anaeb On I !2 &O3 , before me, Patricia D, Perkins, Notary Public, personally appeared I Name and Title of Officer (e g., "Jane Doe, Notary Public') - Name@) of Bgner(s) &ersonally known to me to be the person(@ whose nameH is/- subscribed to the within instrument and acknowledged to me thathdshelthy executed the same in Wher/#?eif authorized capacity#ee), and that by kie/her/#hei+ signature@ on the instrument the person#, or the entity upon behalf of which the person@ acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: kUGh $5 ab3 Signer(s) Other Than Nam-ed Above: Number of Pages: Capacity(ies) Claimed by Sign Signer's Name: @d 0 individual 0 Partner - 0 Limited General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Corporate Officer - Titie(s): ' v P Other: I I Signer Is Representing: 11s 0 1999 National Notary Association * 9350 De Sot0 Ave.. P.O. Box 2402 * Chatswoffh, CA 913152402 w.nationalnoiaw.org Pmd. No. 5907 Reader: Call Toll-Free 1-800-876.6827 State of California ) 1 county of San Diego ) On z5 *3 before me &h~c J.Qmi&, nbhp Ub( 1-k- (Date) 1 (Name, Title ofbfficer) personally appeared S. CeCQlJls &sa (Name[s] of Signer[s]) 0 personally known to me -OR - d (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 fl Signature of Notary c (This area for official notary seal) Title or Type of Document Date 5- No. of Pages Of 3 -25 -03 Document Signer(s) other than named above 5 +/Development SeNices/Masters/Forms/Subordination Agt TNSt Deed Holders CMWD Rev. 5/31/00 1-14107F EX H I BIT "A" WATER LINE EASEMENT CUP 258(B) P.R. 02-140 Being a portion of the Northeast Quarter of Section 35, Township 12 South, Range 4 West, San Bernardino Base Meridian, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the most Southwesterly corner of Estrella De Mar Road as dedicated per Map No. 5434; thence along the most Southerly line of said Estrella De Mar Road South 85'37'26" East 60.00 feet; thence leaving said Southerly line South 07O31'50'' West 172.11 feet to the TRUE POINT OF BEGINNING, said point being on the Southerly sideline of that certain existing 10.00 foot water easement to Costa Real Municipal District recorded October 23, 1987 as File No. 87-598022 of Official Records; thence leaving said 10.00 foot water easement South 37'18'50" East 7.10 feet; thence South 76'04'44'' East 286.83 feet; thence North 13'55'16" East 37.00 feet; thence South 76'04'44'' East 16.00 feet; thence South 13O55'16" West 37.00 feet; thence South 76'04'44" East 74.56 feet to the beginning of a tangent 210.00 foot radius curve concave Southwesterly; thence Southeasterly along said curve through a central angle of 42'31'50" an arc distance of 155.88 feet; thence South 33'31'08'' East 1.96 feet; thence North 56O28'56'' East 5.00 feet; thence South 33'31'08" East 22.09 feet; thence South 73'18'24" East 13.85 feet; thence South 28'18'27" East 2.87 feet to the Northerly sideline of said 10.00 foot water easement to Costa Real Municipal District; thence along said Northerly sideline South 59'40'03'' West 5.00 feet; thence South 60'39'45'' West 10.00 feet; thence South 61'41'35" West 10.06 feet; thence leaving said Northerly sideline North 73'18'26" West 13.46 feet; thence North 33'31'08" West 25.02 feet to the beginning of a tangent 190.00 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 42'36'24" an arc distance of 141.29 feet; thence North 76'04'44" West 80.60 feet; thence South 13'55'16" West 27.46 feet; thence North 76'04'44" West 37.94 feet; thence North 13'55'16'' East 27.45 . feet; thence North 76'04'44'' West 10.00 feet; thence South 13'55'16" West 5.50 feet; thence North 76'04'44'' West 10.00 feet; thence North 13'55'16'' East 5.50 feet; thence North 76'04'44" West 225.20 feet; thence South 13'55'16'' West 45.99 feet; thence North 76'04'44" West 10.00 feet; thence North 13'55'16" East 45.99 feet; thence North 76OO4'44'' West 10.69 feet; thence - Page 1 of 2 North 36"11'41" West 13.12 feet; thence South 07"41'06" West 26.47 feet; thence North 82'18'54'' West 10.00 feet; thence North 07'41'06" East 31.89 feet; thence North 52'41'05'' East 3.45 feet; thence North 36"11'41" West 8.68 , feet to the Southerly sideline of said 10.00 foot water easement to Costa Real Municipal Water District being a point on a non-tangent 353.00 foot radius curve concave Southerly to which a radial line bears South 04'17'45'' West; thence Easterly along said curve through a central angle of 04"21'15" an arc distance of 26.83 feet to the TRUE POINT OF BEGINNING. Containing 0.330 acres, more or less 2-1 3- 20 03 v Y r Jeffrey 3. SafforYd, L.S. 6703 Date BASIS OF 6€4 RINGS \ EXHIBIT "E' THE BASIS OF BEMJNGS FOR I THIS PLAJ JS THE UNE BETWEEN -=&Z HPGN CPn-07 AND 134wccS2 I AS SHOWN ON RECORD OF SURVEY 40 20 0 NO. 16810,lE. N ZW33 E LEGEND WAJER EASEMENT r& DEDJCATED TO CARLSBAD MUNICIPAL WATER DISTRJCJ 0.330 ACRES 127 - SCALE l"= 40' PLAT TO ILLUSTM TE LEGXL DESCRIPTION OF WATER LINE EASEMENT 1620 Friars Road . Sa0 Diego.Cn 921102598 rei. (619)291-0707~ FAX (619)291-4165 . www&tem.com DEDICA TED TO CARLSBAD /"-i/-Ct..-7.'/. I A,&J- ?!&+ MUNICIPAL WATER DISTRICT IE#REY J~SAFFORD, LS 6703 SHEET 1 OF 2 . .. . _I 4 IOT\X~IOT-.~TZ. em _ll.O.- COURSE TABLE Ll L2 L3 L4 L5 L6 L7 L8 L9 LlO Ll1 L 12 L 13 L 14 N 33'31 '08" W N 73'18'26" W N 73' 18'24" W N 33"31'08'' W N 56'28'56" E N 33'31'08" W N 28'18'27'' W N 76'04'44'' W N 13'55'16" E N 76'04'44" W N 60'39'53" E N 61 '41'26'' E N 59'40'03" E N 13'55'1 6'' E 25.02 13.46 13.85 22.09 5.00 1.96 2.87 10.00 5.50 10.00 10.00 10.06 5.00 5.50 EASEMENT DEDICATED TO CXRLSBAD MUNICIPAL WATER DISTRICT Feb 12 17:22 2003 shawn.out Page 1 RICK ENGINEERING COMPANY Traverse Calculations 15:53:58 12-FEB-:3 la costa resort water easement dedication at entrance parcel 1 Parcel no. wl Course Bearing Distance Start- 722 955 9 54 1561 1562 1564 1565 953 940 Curve 77 948 947 946 945 944 78 979 943 942 941 940 Curve 939 938 2897 2898 2899 2900 2901 2902 2903 931 930 929 928 927 - 753 885-37-263 S 7-31-5OW S37-18-50E S76 - 04 -44E N13-55-16E S76-04-44E S13-55-16W S76-04-44E S13-55-16W Delta = 42-31-50 T = 81.729 N56-27-06E S33 - 3 1 - 08E N56-28-56E S33 -31- 08E S73-18-24E S28-18-27E S59-40-03W 560 -3 9- 53W S61-41-26W N73 - 18 - 26W N33 -3 1- 08W S56 -3 1-4 OW Delta = 42-36-24 T = 74.091 N13 - 5 5 - 16E N76 - 04 - 44W S13-55-16W N76- 04-44W N13 -5 5 - 16E N76-04-44W S13 -55-16W N76 - 04 - 44W N13 -5 5- 16E N76 - 04 -44W 513 - 55- 16W N76 - 04 - 44W N13 -55 - 16E N76-04 -44W 60 - 00 172.11 7.10 286.83 37.00 16.00 37.00 74.56 210.00 R= Ch = 210.00 1.96 5.00 22.09 13.85 2.87 5.00 10.00 10.06 13.46 25.02 190.00 R= Ch = 190.00 80.60 27.46 37.94 27.45 10.00 5.50 10: 00 5.50 225.20 45.99 10.00 45.99 10 - 69 Coordinates 1978859.758 6250333 -944 North 1979058.330 1979053.752 1978883.125 1978877.477 1978808.470 1978844.383 1978840.534 1978804.620 1978786.681 1978582.849 210.000 L = 152.328 A = 1978698.904 1978697.272 1978700.033 1978681.613 1978677.634 1978675.111 1978672.584 1978667.685 1978662.913 1978666.779 1978687.642 1978582.850 190.000 L = 138.056 A = 1978767.270 1978786.660 1978760.010 1978769.139 1978795.788 1978798.194 1978792.855 1978795.261 1978800.599 1978854.780 1978810.138 1978812.544 1978857.185 East 6250304.011 6250363.836 6250341.280 6250345.585 6250623.990 6250632.892 6250648.422 6250639.520 6250711.895 6250661 372 1462.243 6250836 -390 6250837 -471 6250841.639 6250853 -840 6250867.109 6250868.467 6250864.147 6250855.430 6250846.572 6250833.680 6250819.862 6250661.373 155.883 141.289 -1203.301 6250707.084 6250628.855 6250622.249 6250585.421 6250592.026 6250582.320 6250580.997 6250571.290 6250572.614 6250354.027 6250342.962 6250333.256 6250344 -321 Feb 12 17:22 2003 shawn.out Page 2 2986 N36-11-41W 13.12 1978870.341 6250326.199 2987 S 7-41-06W 26.47 1978844.112 6250322.660 2988 N82-18-54W 10.00 1978845.449 6250312.750 31.89 1978877.053 6250317.014 3.45 1978879.144 6250319.758 2989 N 7-41-043 2990 N52-41-05E 926 N36-11-41W 8.68 1978886.149 6250314.632 978 S 4-17-45W 353.00 1978534.141 6250288.191 Curve Delta = 4-21-15 R= 353.000 L = 26.826 T = 13.419 Ch = 26.819 A = 4.556 955 N 8-38-59E 353.00 1978883.126 6250341.280 722 N 7-31-503 172.11 1979053.753 6250363.837 753 N85-37-26W 60.00 1979058.331 6250304.011 Closure S40 -39 - 52W 0.001 Area = 14362.2 sq. ft. Area = 0.32971 acres