HomeMy WebLinkAbout; Carlsbad Associates #1, LP; 1999-0353557; EasementRECORDING REQUESTED BY
Carlsbad Associates #I, L. P.
-.~-"-BND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real Engineering Department
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
DOC # 1999-0353557
6 r Please record the document at no flF fee as it is to the benefit of the
District (Gov. Code [6103].)
Space above this line for Recorder's use.
The undersigned grantor(s) declare@): Assessor's Parcel No. 212-130-02
Documentary transfer tax is $0.00 Project No. & Name 96-244. Parcel 2 of Parcel MaD No.
( ) computed on full value of property conveyed, or 17830. Carlsbad Research Center Unit 5. (Tavlor Made)
( ) 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, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged. . - 7-// - /n/ /"* /.,'rz&%w"
WILLIAM E. PLUMMER: District Engineer
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. ,- 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 fiday of A&&
1 92.
GRANTOR CARLSBAD ASSOCIATES #1, L. P.. a Colorado
limited partnership, doing business in California as
MG I ZB Carlsbad Associates #1, L. P.
@ame of grantor)
If exect
AA",ZJ s,,,L
(title of signafory)
ttion of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.)
(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:
CMWD 96-244
08/17/98 Rev. 2
.. 10974
STATE OF WM"Y
Cl.l.dO & 1
personally appeared
I/ NAME@) OFWlGNER(S) '
@personally 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(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.
... .....
........
SIGNATUF@ OF NOTARV
(This area for official notary seal.)
&& ComnWon Expires Jm 28,2ooo
Title or Type of Document
Date of Document r& /7, m5 No. of Pages 6
Signer(s) other than named above
CMWD 96-244
06/14/95 Rev.
10975
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 2 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
FOLLOWING DESCRIBED CENTERLINES:
LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 SAID CORNER BEING
WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 1349.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 76O35'29 WEST; THENCE
ANGLE OF 9O43'58" AN ARC DISTANCE OF 229.16 FEET: THENCE NORTH 23"0829 EAST
85.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY
71°11'20 EAST 48.43 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A";
LINE ALONG SAID CENTERLINE SOUTH 59"3251" EAST 70.00 FEET; THENCE SOUTH
THENCE SOUTH 18"56'16 WEST 183.53 FEET; THENCE SOUTH 71O03'44 EAST 23.36
TO AS POINT "B; THENCE NORTH 89"53'34" EAST 146.53 FEET; THENCE SOUTH
FEET; THENCE NORTH 895334" EAST 4.58 FEET TO A POINT HEREINAFTER REFERRED
64"07'41" EAST 128.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C";
THENCE SOUTH 64O07'41" EAST 23.78 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "D; THENCE SOUTH 64"07'41" EAST 57.01 FEET; THENCE SOUTH 14'4939 EAST
COURT.
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 NORTH 18"5616 EAST
25.24 FEET; THENCE SOUTH 71"03'44" EAST 31.96 FEET; THENCE NORTH
18°5616 EAST 32.56 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH O"06'26 WEST
19.87 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 2552'19 EAST
16.65 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 18"5616 EAST
85.33 FEET; THENCE NORTH 71O03'44 WEST 20.01 FEET TO A POINT OF
TERMINATION.
A POINT OF THE EASTERLY RIGHT-OF-WAY LINE OF COLLEGE BOULEVARD (102.00 FEET
NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL
45.50 FEET TO A POINT OF THE RIGHT-OF-WAY LINE OF THE CUL-DE-SAC OF FERMI
A.PM 212- /30- 02
<'
._ 10977
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 191 1, 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: May 11, 1999
ALMA L. i%d%dKRAYj, Secretary
CMWD 96-244 KAREN R. KUNDTZ, Asslstant Secretary Y
1 1/03/97 Rev.
RECORDING REQUESTED BY
Carlsbad Associates #1, L. P.
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District 5950 El Camino Real
Carlsbad. California 92008
Please record the document at no fee as it is to the
benefit of the District (Gov. Code [6103].)
DOC # 15’99-0353558
MGIY 24. 1999 4-54 PM
Space above this line for Recorder’s use.
ASSESSOR’S PARCEL NO. 212-130-02
PROJECT NO. & NAME: 96-244. Parcel 2 of Parcel MaD No. 17830. Carlsbad Research Center Unit 5. fTavlor Madel
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT AITACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
OF YOUR SECURITY INTEREST.
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this /I day of MkX! * w3 19x. by CARLSBAD ASSOCIATES #1. L. P.,
C a Colorado limited DartnerShiD. doina business in California as MG I ZB Carlsbad Associates #I. 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;”
WITNESSETH
THAT WHEREAS, CARLSBAD ASSOCIATES #l. L. P.. a Colorado limited DartnerShiD. doino business in
California as MG I ZB Carlsbad Associates #1. L. P., did execute a deed of trust, dated November 2, 1998 to FlRST
AMERICAN TITLE INSURANCE COMPANY. a California comoration as trustee, to secure a note in the sum of Ten
0811 7190 Rev.
10979
Million, Five Hundred Thousand Dollars f$10.500.000) dated November 2. 1998 in favor of US. BANK NATIONAL
ASSOCIATION, a national banking 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 EASEMENT/EASEMENTS dated
flhK /7’ /ff7, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement
Grantee,” creating ANflHE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS ‘“A” & “B
attached hereto; and
I
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENT/EASEMENTS 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 EASEMENTlEASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENnEASEMENTS 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 EASEMENT/EASEMENTS 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
1 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 EASEMENTlEASEMENTS in favor of Easement Grantee above
2 08/17/98 Rev.
referred to and shall supersede and cancel, but only insofar as would affect the priority between 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 ISIARE 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
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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 EASEMENTIEASEMENTS in favor of
Easement Grantee above referred to:
Executed this /xyh day of .AdRC!-t Executed this day of /%rd
1999. 19*
BENEFICIARY:
U.S. BANK NATIONAL ASSOCIATION, a national
OWNER:
CARLSBAD ASSOCIATES #I, L. P.. a Colorado limited
partnership, doing business in California as MB I ZB
Carlsbad Asspptes, L. P.
By:
(authowd sig@/e)
By: / v(aGth’wnature)
1
I By: By: est,
(authorized signature) (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
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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
By:
CMWD 96-244
0811 7198 Rev. 4
STATE OF- G9Lomo @
COUNTY OF >n& J
1 ss. I
'xpersonally 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 helshdthey 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.
(This area for official notary seal.)
SIGNATURE OF NOTARY
Title or Type of Document \LA bnrcl na* o -
Date of Document No. of Pages
Signer(s) other than named above
J-
06/14/95 Rev
COUNTY OF Do-*=/ 1 ss.
7
Kpersonally 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(s) on the instrument the person(s). or the entity
upon behalf of which the person(s) acted, executed the instrument.
, I ..
WITNESS my hand and official seal. MY GJini7l~5S&l Expires JUne 28,2600
(This area for .....
Title or Type of Document SL(BdR3,&770a/ ~~4ru31~
Date of Document No. of Pages
Signer(s) other than named above
CMWD 96-244
06/14/95 Rev.
10984
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 17830. IN THE CITY OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 21,1997, BEING A STRIP OF
CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
FOLLOWING DESCRIBED CENTERLINES:
LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 SAID CORNER BEING
A POINT OF THE EASTERLY RIGHT-OF-WAY LINE OF COLLEGE BOULEVARD (102.00 FEET WIDE), SAID POINT ALSO BEING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 1349.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 76035'29 WEST; THENCE
ANGLE OF 9O43'58" AN ARC DISTANCE OF 229.16 FEET THENCE NORTH 23"08'29 EAST
85.19 FEET TO THE TRUE POINT OF BEGINNING; .THENCE LEAVING SAID RIGHT-OF-WAY
LINE ALONG SAID CENTERLINE SOUTH 59O32'51" EAST 70.00 FEET; THENCE SOUTH
71°11'20 EAST 48.43 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A";
THENCE SOUTH 18"5616 WEST 183.53 FEET; THENCE SOUTH 71O03'44" EAST 23.36
TO AS POINT "B; THENCE NORTH 89"53'34" EAST 146.53 FEET; THENCE SOUTH
FEET; THENCE NORTH 89"53'34" EAST 4.58 FEET TO A POINT HEREINAFTER REFERRED
64O07'41" EAST 128.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C";
THENCE SOUTH 64"07'41" EAST 23.78 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "D; THENCE SOUTH 64"07'41" EAST 57.01 FEET; THENCE SOUTH 14O4939 EAST
COURT.
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 NORTH 18"5616 EAST
25.24 FEET; THENCE SOUTH 71"03'44" EAST 31.96 FEET; THENCE NORTH
18"5616 EAST 32.56 FEET TO A POINT OF TERMINATION.
NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL
45.50 FEET TO A POINT OF THE RIGHT-OF-WAY LINE OF THE CUL-DE-SAC OF FERMI
BEGINNING AT ABOVE MENTIONED POINT "B; THENCE NORTH O"0626 WEST
19.87 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 25"52'19 EAST
16.65 FEET TO A POINT OF TERMINATION.
85.33 FEET; THENCE NORTH 71"03'44" WEST 20.01 FEET TO A POINT OF
BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 18°5616" EAST
TERMINATION.
A.PN. 212- /30- 02