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HomeMy WebLinkAboutPIP 06-10; Bressi Ocean Collection LLC; 2007-0717228; Subordination Agreement11047 DOC# 2007-0717228 . . RECORDING REQUE.LandAmerica Commercial WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 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].) NOV13, 2007 4:42 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: o.OO PAGES: 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Bressi Ocean Collection Lots 19 - 22 PR 07-27 general utility easement 213-261-10-00 213-261-11-00 213-261-12-00 213-261-13-00 PIP 06-10 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN/THE EASEMENT(S) 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 U day of . 20^7 by Bressi Ocean Collection, LLC, a Delaware limited liability company, owner of the land hereinafter described and hereinafter referred to as "Owner," and East West Bank, a California banking corporation, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Bressi Ocean Collection, LLC, did execute a deed of trust, dated July 20, 2007 to East-West Investment, Inc. as trustee, to secure a note in the sum of thirty-six million dollars ($36,000,000) dated July 20, 2007 in favor of East West Bank, recorded in the office of H:\Development Services\PROJECTS\PIP FILES\PIP 06\PIP 06-10 Ocean Collection at Bressi, Wickham\Bonds and AgreemenftSUBORDINATION ACT TRUST DEED HOLDERS CITY REV1 (PR 07-26) doc 5/31/00 11048 the County Recorder of San Diego County on July 31, 2007 as File No. 2007-0508893 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee" creating THE 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 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 2 H:\Development Services\PROJECTS\PIP FILES\PIP 06\PIP 06-10 Ocean Collection at Bressi, Wickham\Bonds and AgreemenfiSUBORDINATION AGT TRUST DEED HOLDERS CITY REV1 (PR 07-26) .doc 5/31/00 11049 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 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. l/(We) consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. l/(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. 3 H:\Development Services\PROJECTS\PIP FILES\PIP 06\PIP 06-10 Ocean Collection at Bressi, WickhamVBonds and AgreemenftSUBORDINATION AGT TRUST DEED HOLDERS CITY REV1 (PR 07-26) .doc 5/31/00 11050 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. BENEFICIARY:. By: 4*(sign here) (print name here) Sen/or OWNER: Bressi Ocean Collection, LLC, a Delaware limited liability company By: Urban Investment Fund, LLC, a California limited liability company, it's Managing Member BY: Rancho Pacific Properties, Inc. DBA Urban+West+Strategies It's Managing Member (title and organization of signatory) By:ByV ^ (sign here) (print name here)(print name here) (title and organization of signatory)(title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER must be attached.) (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 City Attorney H:\Development Services\PROJECTS\PIP FILES\PIP 06VPIP 06-10 Ocean Collection at Bressi, Wickham\Bonds and AgreemenfiSUBORDINATION ACT TRUST DEED HOLDERS CITY REV1 (PR 07-26) .doc 5/31/00 11051 State of California County of Son Diego.) On ^-|i-<>7 before me, (Date) personally appeared (Name, Title of Officer) Q ^ Rl &A 2-Q (Name[s] of Signer[s]) _J^personally known to me -OR - D (or proved to me on the basis of satisfactory 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/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 MMMUMCO ConMMMton* 1648392 Notay ruwte - CoHomta Orang* County MyComm.EicpkwF«b2«.201 Signature of Notary (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H:\Development Services\PROJECTS\PIP FILES\PIP 06VPIP 06-10 Ocean Collection at Bressi, Wickham\Bonds and AgreemenftSUBORDINATION ACT TRUST DEED HOLDERS CITY REV1 (PR 07-26) .doc 5/31 /OO 11052 ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ^6f ^' I*' °lfT)r) before me, Doris Ong Yap, a Notary Public, personally appeared DoUrfik $wur(iM. flyrv/ libi/H" 2{fli/Alvl , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)>s/are subscribed to the within instrument and acknowledged to me that-heTsKe/they executed the same in his#fef/their authorized capacity(ies), and that by jiis^cf/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. DORS ONG YAP Commission # 1469957 Notary PuWte - CoKomta Notary Public 11053 EXHIBIT "A" LEGAL DESCRIPTION FOR GENERAL UTILITY AND ACCESS EASEMENT PR 07-26 ALL OF THOSE PORTIONS OF LOTS 19 THROUGH 22, INCLUSIVE OF CARLSBAD TRACT CT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14960 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 21; THENCE ALONG THE NORTHERLY LINE THEREOF, WEST 262.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 33.00 FEET; THENCE EAST 76.06 FEET; THENCE SOUTH 80.50 FEET; THENCE EAST 144.48 FEET; THENCE SOUTH 10.00 FEET; THENCE WEST 97.23 FEET; THENCE SOUTH 15.50 FEET; THENCE WEST 47.25 FEET; THENCE SOUTH 121.00 FEET; THENCE EAST 185.26 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INNOVATION WAY, 72.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14960; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00°16'45" WEST 53.07 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY NORTH 45°00'00" WEST 46.77 FEET; THENCE WEST 151.93 FEET; THENCE SOUTH 122.50 FEET; THENCE EAST 15.95 FEET; THENCE SOUTH 15.00 FEET; THENCE EAST 129.58 FEET; THENCE SOUTH 12.23 FEET; THENCE WEST 111.24 FEET; THENCE SOUTH 9.75 FEET; THENCE WEST 13.00 FEET; THENCE NORTH 9.75 FEET; THENCE WEST 21.29 FEET; THENCE SOUTH 51.72 FEET; THENCE EAST 76.69 FEET; THENCE SOUTH 10.00 FEET; THENCE WEST 76.69 FEET; THENCE SOUTH 22.74 FEET; THENCE EAST 26.08 FEET; THENCE SOUTH 18.62 FEET; THENCE WEST 26.08 FEET; THENCE SOUTH 18.94 FEET; THENCE WEST 270.51 FEET; THENCE NORTH 8905r52" WEST 93.61 FEET TO THE INTERSECTION WITH THE EASTERLY SIDE LINE OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT AS GRANTED ON SAID MAP NO. 14960; THENCE ALONG THE EASTERLY SIDE LINE THEREOF, NORTH 15.78 FEET; THENCE NORTH 10°48'59" WEST 4.29 FEET; THENCE DEPARTING SAID EASTERLY SIDE LINE, SOUTH 89°51'52" EAST 86.93 FEET; THENCE NORTH 22.57 FEET; THENCE WEST 9.90 FEET; THENCE NORTH 13.67 FEET; THENCE EAST 9.90 FEET; THENCE NORTH 87.50 FEET; THENCE WEST 7.00 FEET; THENCE NORTH 10.00 FEET; THENCE EAST 7.00 FEET; THENCE NORTH 125.50 FEET; THENCE WEST 21.83 FEET; THENCE NORTH 15.00 FEET; THENCE EAST 21.83 FEET; THENCE NORTH 117.97 FEET; THENCE WEST 8.00 FEET; THENCE NORTH 10.49 FEET; THENCE WEST 105.93 FEET; THENCE NORTH 00°54'50" WEST 20.00 FEET; THENCE EAST 114.25 FEET; THENCE NORTH 8.46 FEET; THENCE WEST 10.04 FEET; THENCE NORTH 16.83 FEET; THENCE EAST 10.04 FEET; THENCE NORTH 50.74 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE EAST 181.94 FEET; THENCE NORTH 33.00 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID LOT 21; Page 1 of 2 P:\3370\MAPPlNG\PLATS\Legals\LOTS 19-22 GUE.doc 8/14/2007 8:51 AM 11054 THENCE ALONG SAID NORTHERLY LINE, EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS; COMMENCING AT SAID POINT 'A'; THENCE ALONG A TIE-LINE, SOUTH 56°58'34" EAST 35.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 10.00 FEET; THENCE SOUTH 6.21 FEET; THENCE EAST 51.38 FEET; THENCE NORTH 5.71 FEET; THENCE EAST 156.62 FEET; THENCE SOUTH 468.74 FEET; THENCE WEST 137.74 FEET; THENCE NORTH 4.44 FEET; THENCE WEST 13.76 FEET; THENCE SOUTH 4.44 FEET; THENCE WEST 47.04 FEET; THENCE NORTH 11.78 FEET; THENCE WEST 5.00 FEET; THENCE SOUTH 4.00 FEET; THENCE WEST 14.46 FEET; THENCE NORTH 111.97 FEET; THENCE EAST 7.91 FEET; THENCE NORTH 11.50 FEET; THENCE WEST 7.91 FEET; THENCE NORTH 220.00 FEET; THENCE EAST 7.08 FEET; THENCE NORTH 13.00 FEET; THENCE EAST 53.91 FEET; THENCE NORTH 10.00 FEET; THENCE WEST 60.98 FEET; THENCE NORTH 95.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 1.346 ACRES, MORE OR LESS DONALD E. ROTH, PLS 5506 ''DATE: (MY LICENSE EXPIRES ON 09-30-08) Page 2 of 2 P:\3370\MAPPING\PLATS\Legals\LOTS 19-22 GUE.doc 8/14/2007 8:51 AM EXHIBIT "B" ASSESSOR'S: PARCEL A/OS. 213-261-10, 11, 12, 13 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTH LINE OF LOT 21 PER MAP NO. 14960, I.E. NORTH 90'OOW EAST. LEGEND: EXISTING LOT LINES RESTRICTED SIGHT CORRIDOR EASEMENT AS SHOWN ON MAP NO. 14960 PRIVATE LANDSCAPE MAINTENANCE EASEMENT AS SHOWN ON MAP NO. 14960 GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON MAP NO. 14960 INDICATES SDG&E EASEMENT PER DOC. NO. 2005-0294004 REC. APRIL 11, 2005 INDICATES GENERAL UTILITY AND ACCESS EASEMENT AREA PARCEL "A": 1.346 ACRES PROJECT DESIGN CONSULTANTS Planning | Landscape Architecture I Environmental | Engineering | Survey 11055 VICINITY MAP NO SCALE LEGAL DESCRIPTION: LOTS 19 THROUGH 22 INCLUSIVE OF CARLSBAD TRACT NO. CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005. ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 (619) 235-6471 L& A 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax RONALD E. ROTH, LS. 5506 REGISTRATION EXPIRES 9/30/2008 /DATE GENERAL UTILITY AND ACCESS EASEMENT-CITY OF CARLSBAD SHEET 1 OF 3 APPLICANT: RANCHO PACIFIC PROPERTIES, INC. 1280 BISON AVE., B9-609 NEWPORT BEACH. CA 92660 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 BRESSI OCEAN COLLECTION LOTS 19-22 A.P.N. 213-261-10,11.12,13 PIP 06-10 PR 07-26 P:\3370\MAPPING\PLATS\3370 GENERAL UTILITY EASEMENT Lots 19-22 (August 9_2007).dwq Aug 13, 2007 EXHIBIT °B" LOT 23 581.90' N33'50'39aE 32.64'EAST 181.94'TIE UNE ONLY N56'58'34"W 35.78' NOO'54'50"W -156.62'~\- TRUE POINTBEGINNING EXCEPTION PORTION EAST 60.98' ORTH 10.00' 53.91' ORTH 13.00' EAST 7.08'WEST 21.83' NORTH 15.00' WEST 20.00' 21.83 WEST 7.00' NORTH 10.00' WEST 7.00' WEST 9.90 NORTH 13.67' WEST 9.90 L9 GENERAL UTILITY AND ACCESS EASEMENT PER MAP NO. 14960 N10'48'59"W, 4.29' * NORTH 15.78' •t j *O I^TN I -H-l N89'51'52"W' ~ 93.61' i 4.44V. M.44''• 10\\ YJ BLtfNLL^-faST ~fflMtfffl/l&#<$%Z%0vA EAST 270.51' r$ N89'30'25"W GATEWAY 562.81' ROAD GENERAL UTILITY AND ACCESS EASEMENT-CITY OF CARLSBAD 1056 40 80 GRAPHICAL SCALE SCALE: 1" = 80' LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 BEARING NORTH WEST NORTH WEST WEST NORTH NORTH NORTH N89'51'52'W WEST NORTH WEST DISTANCE 5.71' 51.38' 6.21' 10.00' 10.04' 16.83' 8.46' 22.57' 86.93' 5.00' 11.78' 47.04' SHEET 2 OF 3 APPLICANT: RANCHO PACIFIC PROPERTIES, INC. 1280 BISON AVE., B9-609 NEWPORT BEACH, CA 92660 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 BRESSI OCEAN COLLECTION LOTS 19-22 A.P.N. 213-261-10,11,12.13 PIP 06-10 PR 07-26 P:\3370\MAPPING\PLATS\3370 GENERAL UTILITY EASEMENT Lots 19-22 (August 9_2007).dwq Aug 13. 2007 20.00' —V- EXHIBIT °B° TRUE POINT OF BEGINNING PARCEL "A 'ORTH 33.00 EAST W.OO'^iJS' N45WWW 46.77' 10.00' 76.69' &=9012'50" R=25.00' ~J\rN89'30'25"W GATEWAY GENERAL UTILITY AND ACCESS EASEMENT-CITY OF CARLSBAD 11057 Uj io GRAPHICAL SCALE SCALE: 1" = 80' LINE L13 L14 L15 L16 L17 BEARING WEST NORTH EAST NORTH EAST DISTANCE 26.08' 22.74' 21.29' 9.75' 13.00' SHEET 3 OF 3 APPLICANT: RANCHO PACIFIC PROPERTIES, INC. 1280 BISON AVE., B9-609 NEWPORT BEACH, CA 92660 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 BRESSI OCEAN COLLECTION LOTS 19-22 A.P.N. 213-261-10,11,12,13 PIP 06-10 PR 07-26 P:\3370\MAPPING\PLATS\3370 GENERAL UTILITY EASEMENT Lots 19-22 (Auqust 9_2007).dwq Aug 13, 2007