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HomeMy WebLinkAbout; Carlsbad Associates #1, LP; 1999-0353554; EasementRECORDING REQUESTED BY Carlsbad Associates #I, L. P. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad. California 92008 MAIL TAX STATEMENTS TO: EXEMPT fee 8s it is to the benefit of the Please record the document at no District (Gov. Code 161031.) 10946 DOC # 1999-0353554 FEES: 0.W 06: 164 Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO Assessor's Parcel No. 212-130-03 ( ) computed on full value of property conveyed, or Project No. 8, Name 96-244. Parcel 3 of Parcel MaD No. ( ) computed on full value less value of liens and 17830, Carlsbad Research Center Unit 5, (Tavlor Made) ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. . \.CII WILLIAM E. GRANT DEED OF WATER LINE EASEMENT CARLSBAD ASSOCIATES #I, L. P., a Colorado limited partnership, doing business in California as MG I ZB Carlsbad Associates #I, L. P. does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking 1 0811 7/98 Rev. i .. 10947 . devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and ' from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this &day of A?/&& 199 GRANTOR CARLSBAD ASSOCIATES #I, L. P., a Colorado limited partnership, doing business in California as MG I ZB Carlsbad Associates #I, L. P. (na- of grantor) By: Mgn'here) A,,J x,,.L (title of signdory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the officer 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.) APPROVED AS TO FORM: RONALD R. BA By: CMWD 96-244 0811 7/98 Rev. 2 -* 10948 61.t.do & STATE OF mIA 1 COUNTY OF b-vd personally appeared kk!u 0 i%q/gd, &q 4MLE NAME(S) OF SIGNER(S) pd personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hidhedtheir signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. Title or Type of Document G~#7- D&4 of /&.E& L/d.€ Efit%.%%T DateofDocument ha& /? /qLiq No. of Pages 6 Signer@) other than named above 06/14/95 Rev. 10949 EXHIBIT "A" ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 17830, IN THE CITY OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 21, 1997, BEING A STRIP OF CARLSBAD, COUNM OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE CORNER COMMON TO PARCELS 2 AND 3 OF SAID PARCEL MAP NO. SAID CORNER BEING ON A CURVE CONCAVE S0UTHERL.Y HAVING A RADIUS OF 60.00 FEET (A RADIAL LINE TO WHICH BEARS NORTH 5O4633 WEST); THENCE EASTERLY 22O2627" AN ARC DISTANCE OF 23.50 FEET TO THE TRUE POINT OF BEGINNING; NORTHB32'32" EAST 46.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH W1232 EAST 27.65 FEET; THENCE NORTH 3"47'28" WEST 164.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "8"; THENCE SOUTH 73O1929 FEET; THENCE NORTH 48"3604" EAST 32.74 FEET; THENCE SOUTH 73'1929 EAST 89.55 3O47'28 EAST 4.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; EAST 126.10 FEET; THENCE SOUTH 9O07'12 WEST 120.'53 FEET; THENCE SOUTH THENCE SOUTH 7"08'04" WEST 41.57 FEET;_ THENCE NORTH 82O51'56" WEST 108.37 THENCE SOUTH 3O47'28" EAST 157.89 FEET; THENCE SOUTH 16O07'20 EAST 49.51 FEET; WEST 75.20 FEET TO A POINT HEREINAFTER REFERRED f0 AS POINT "E"; THENCE FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D; THENCE NORTH 8231'56" 17830 ON THE NORTHERLY RIGHT-OF-WAY LINEOF THE CUL-DE-SAC OF FERMI COURT, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF THENCE LEAVlffi SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID CENTERLINE WESTERLY LINE BEING THE EASTERLY RIGHT-OF-WAY LINE OF FERMI COURT (72.00 NORTH 82"51'56" WEST 76.97 FEET TO THE WESTERLY LINE OF SAID PARCEL 3, SAID FEET WIDE). ALL ANGLE POINTS AND LOT LINES TO CREATE CONTINUOUS AND FULL EASEMENT THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT WIDTH AT ALL INTERSECTING COURSES AND CURVES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 3'47'28 EAST 32.65 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B; THENCE NORTH 16"40'31" EAST 18.63 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 86'12'32 EAST 14.00 FEET TO A POINT OF TERMINATION. 24.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 7"0804 EAST BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 7"08'04" EAST 21.50 FEET TO A POINT OF TERMINATION. K \ ARN. 2/2-/30- 03 . .I 10951 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated March 17 , 1999, from CARLSBSAD ASSOCIATES #I. L. P.. a Colorado limited partnershiD. doina business in California as MG / ZB Carlsbad Associates #I, L. P.. to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9. 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: Mav 11. 1999 I AmA L. dBIITbdKRI&j. Secretarv - -~ KAREN R. KUNDTZ, Assistant Secretary CMWD 96-244 1 1/03/97 Rev. RECORDING REQUESTED BY Carlsbad Associates #1, L. P. DOC # 1999-0353555 MFlY 24. 1999 4~59 PM AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad. California 92008 qp Please record the document at no fee as it is to the /i IF benefit of the District (Gov. Code (61031.) FEES: 0.00 , \, . Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 212-130-03 PRQJECT NO. & NAME: 96-244. Parcel 3 of Parcel MaD No. 17830.. Carlsbad Research Center Unit 5. (Tavlor Made) 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 &-day of fl&# /9 ? 4 , 19-, by CARLSBAD ASSOCIATES #1, L. P., a Colorado limited DartnershiD. doina business in California as MG / ZB Carlsbad Associates #l. L. P., owner of the land described and hereinafter referred to as "Owner," and US. BANK NATIONAL ASSOCIATION. a national banking association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" .r WITNESSETH THAT WHEREAS, CARLSBAD ASSOCIATES #I. L. P.. a Colorado limited DartnerShiD. doina business in California as MG / ZB Carlsbad Associates #I. L. P., did execute a deed of trust, dated November 2, 19% to FlRST AMERICAN TITLE INSURANCE COMPANY. a California corDoration as trustee, to secure a note in the sum of Ten 0811 7/98 Rev. . Million. Five Hundred Thousand Dollars CSl0.500.000) dated November 2. 1998 in favor of US. BANK NATIONAL ASSOCIATION, a national bankina association recorded in the office of the County Recorder of San Diego County on November 3. 1998 as File No. 1998-0716990 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated u lfl /flf in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement Grantee,” creating ANiTHE EASEMENT/EASEMENTS more particularly described in EXHlBlTlEXHlBlTS “A” & “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENnEASEMENTS 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 EASEMENnEASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/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 EASEMENTEASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/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 EASEMENT/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 EASEMENT/EASEMENTS in favor of Easement Grantee above 2 08/17/98 Rev. 10954 referred to and shall supersede and cancel, but only insofar as would affect the priority behveen the deed of trust and EASEMENTIEASEMENTS 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. I (We) consent to and approve the grant of EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS WARE 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; and Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 0811 7/98 Rev. 3. This agreement represents an endorsement to 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/EASEMENTS in favor of Easement Grantee above referred to: Executed this IS* day of 193%. NARctf BENEFICIARY: U.S. BANK NATIONAL ASSOCIATION, a national By: By: (authorized signature) Executed this / 7 day of ,&f c-4 fl 19*. )c OWNER: CARLSBAD ASSOCIATES #I, L. P.. a Colorado limited partnership, doing business in California as MB / ZB Carlsbad Asmes, L. P. By: 42 f&2" (authbheckighature) (name) By: ( (authorized signature) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) SIGN A CORPORATE EXECUTION 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. Approved as to form: RONALD R. BALL, General Counsel NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST By: CMWD 96-244 08/17/98 Rev. 4 . 10956 STATE OF 1 COUNTYOF uw 1 '" .. On 15,lqqq before me, DATE NAME AND TITLE OF OFFICER '3 personally appeared (7 - NAME@) F'SIGNER(S) wpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. SIGNATURE OF NOTARY (This area for official notary seal.) t..j;Qlvlj~p 0d.k 10 -26 -02- - Title or Type of Document c hnvA;e*- ,A wornhd- ' Date of Document No. of Pages Signer(s) other than named above CMWD 96-244 06/14/95 Rev. 1095'7 COUNTY OF Oe-4 i ss. On Ad 17, /99f before me, DATE NAME ANDTITLE OF OFFICER personally appeared &L NAME(S) OF SIGNER(SY /$ipersonally known to me - OR - 0 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 helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. ., .... !,& &nnmissimExplres June 28,2000 Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 96-244 06/14/95 Rev. 10958 EXHIBIT "A" ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 17830, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 21.1997, BEING A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE CORNER COMMON TO PARCELS 2 AND 3 OF SAID PARCEL MAP NO. SAID CORNER BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 60.00 FEET (A RADIAL LINE TO WHICH BEARS NORTH 5"4633" WEST); THENCE EASTERLY 22"26'27" AN ARC DISTANCE OF 23.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID CENTERLINE NORTH 86"12'32 EAST 46.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A; THENCE NORTH 86O12'32 EAST 27.65 FEET; THENCE NORTH 3"47'28 WEST 164.81 FEET; THENCE NORTH 48"3604 EAST 32.74 FEET; THENCE SOUTH 73"1929 EAST 89.55 FEET TO A POINT HEREINAFTER REFERRED TO AS P0lNT"B; THENCE SOUTH 73"1929 EAST 126.10 FEET; THENCE SOUTH 9"07'12 WEST 120.53 FEET; THENCE SOUTH 3"47'28 EAST 4.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH 3"47'28 EAST 157.89 FEET; THENCE SOUTH 16"07'20 EAST 49.51 FEET; THENCE SOUTH 7"08'04 WEST 41.57 FEET; THENCE NORTH 82"51'56 WEST 108.37 WEST 75.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E; THENCE FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D; THENCE NORTH 82"51'56 WESTERLY LINE BEING THE EASTERLY RIGHT-OF-WAY LINE OF FERMI COURT (72.00 NORTH 8251'56 WEST 76.97 FEET TO THE WESTERLY LINE OF SAID PARCEL 3, SAID FEET WIDE). THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES TO CREATE CONTINUOUS AND FULL EASEMENT WIDTH AT ALL INTERSECTING COURSES AND CURVES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A; THENCE SOUTH 3"47'28 EAST 17830 ON THE NORTHERLY RIGHT-OF-WAY LINEOF THE CUL-DE-SAC OF FERMI COURT, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 32.65 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B; THENCE NORTH 16"4031" EAST 18.63 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 86"12'32 EAST 14.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 7"08'04" EAST 24.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE 21.50 FEET TO A POINT OF TERMINATION. MENTIONED POINT APN. 2/2-/30- 03 ., .. SCALE I"= 80' SPEAR & ASSOCIATES, INC. DATE 7-2-9 DRN. D.i? CU. R.5. JOB NO. CNlL ENGINEERINO 6 LAND SURVEYING 1115E.PENNSYLVANIAAVE .ESCONDIW,CA92025 97- /85 DWQ No., mwQ -36-244 m-ma - FAX gso) 737-7274