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HomeMy WebLinkAbout; Dickinson Cameron Development; 1997-0242062; Easement,I .. .- RE~ORDING REQUESTED BY .' Dickinson Cameron Development AND WHEN RECORDED, PLEASE MAIL TO: I Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad, California 92008 MAIL TAX STATEMENTS TO: f. r EXEMPT 1' 1253 "- LJ 'C # 1997-0242062 23-HAY-1997 03~46 PU OFFICIL RECORDS MN DIEGO COUNTY RECORDER'S OFFICE GREGORY SHITHI COUNTY RECOROER FEES: 0.00 NII fee as it is to the benefit of the Please record the document at no District (Gov. Code [6103].) I Space above this line for Recorder's use. The undersigned grantor@) declare(s): Assessor's Parcel No. 212-092-22 Documentary transfer tax is $o.oO Project No. & Name 96-224, Lot 21. Edison Place. ( ) computed on full value of property conveyed, or Carlsbad AirDort Center ( ) 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. ~~P~.z WILLIAM E. PLUdMER, District Engineer L3 \33 GRANT DEED OF WATER LINE EASEMENT ~~ DICKINSON CAMERON DEVELOPMENT, a California General Partnership ~ ~~~~~ ~ ~ ~~~~~~ does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 1 01120197 Rev. . .- 3. ~. natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking .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 andlor 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 "6" attached hereto and by this reference made a part hereof ed by the Grantor this day ofk GRANTOR DICKINSON CAMERON DEVELOPMENT, a California General Partnership (name of grantor) I (title of signatory) (sign here) %f?g& (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL (Notaria d cknowledgement of execution of GRANTOR must be attached.) CMWD 96-224 2 01120197 Rev. EXHIBIT "A" AN EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES ACROSS THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15687. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE ~~~ ~~~~ .~" .. OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1989, IN BOOK OF PARCEL MAPS AT PAGE 15687, M,ORE PARTICULARLY DESCRIBED AS FOLLOWS: ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 66'07'22" WEST, WEST, 22.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE, 20.46 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 32"30'11" CONTINUING, SOUTH 32"30'11" WEST, 58.57 FEET; THENCE NORTH 57'29'49" WEST, 10.55 FEET; THENCE SOUTH 32'30'11'' WEST, 211.50 FEET; THENCE NORTH 57'29'49" WEST, 20.0 FEST; THSNCE NORTH 32"30'11" EAST, 228.60 FEET; THENCE NORTH 68"52'38" EAST, 51.51 FEET TO THE TRUE POINT OF BEGINNING. BEGINNING AT THE NORTHEASTE.RLY CORNER OF SAID PARCEL 1; THENCE EXCEPTING THEREFROM ALL THAT PORTION OF SAID PARCEL MAP NO. 15687 LYING WITHIN THE GENERAL UTILITY AND PUBLIC ACCESS EASEMENT DEDICATED THEREON. C.M.W.D. DWG. 96-224 C.M.W.D.. DWG. 96-224 , 1257 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real properly conveyed by the grant deed of easement, dated 19z. from DICKINSON CAMERON DEVELOPMENT. a California General Partnershio 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. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, Secretary CMWD 96-224 06/14/95 Rev. 1258 STATE OF CALIFORNIA 1 COUNTY OF J . ks. personally appeared NAME(S) OF SIGNER@) personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isQsubscribed to the within instrument and acknowledged to me that he/she/@ executed the same in hislherltheir authorized capacity(ies), and that by his/her/@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.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 96-224 06/14/95 Rev. RECORDING REQUESTED BY Dickinson Cameron Development 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].) A.P.N.: 212-092-22 Space above this line for Recorder’s use. Project No. & Name: 96-224. Lot 21. Edison Place. Carlsbad AirDort Center SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) LOT 21, EDISON PLACE, CALRSBAD AIRPORT CENTER 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 AlTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 3 - .d day of $k’d ,19fl,by DICKINSON CAMERON DRIELOPMENT, a California general partnership (Trustor/Owner) hereinafter referred to as “Owner,” owner of the land and BANK OF COMMERCE, a California banking corporation (Beneficiary) 1 05/21/96 Rev hereinafter referred to as “Beneficiary”; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, a California aeneral DartflerShiD DICKINSON CAMERON DEVELOPMENT, did execute (Trustor) a deed of trust, dated March 14 ,1996 to STEWART TITLE COMPANY OF SAN DIEGO as trustee, covering An easement for water utilitv and access DurDoses across that Dortion of Parcel I of Parcel MaD No. 15687. in the Citv of Carlsbad. Countv of San Dieao. State of California. filed in the Office of the Countv Recorder of San Dieao. Mav 30.1989. in book of Parcel MaDS at Daae 15687.more Darticularlv described in Exhibits “A” & “8”. attached hereto and made a Dart hereof. (Date) (Trustee) (Brief Legal Description) (See Exhibit “A” 8 “B for Detailed Description) to secure a note in the sum of One Hundred TwentvSeven Thousand. Eiaht Hundred Dollars (f 127.800.00 ) dated (Lien Amount) March 14, (Dated) , 19 96 , in favor of Bank of Commerce, a California bankina corDoration recorded (Beneficiary) in the office of the County Recorder of San Dieao (County) County on March 21.1996 (Date Recorded) as File No. 19960138419 of Official Records of said county; and (F/P No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS dated 3/91/97 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement Grantee,” creating ANlTHE EASEMENTEASEMENTS more particularly described in EXHIBITEXHIBITS “A” 8 “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of EASEMENTEASEMENTS 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 EASEMENTEASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said 2 05/21/96 Rev. EASEMENTEASEMENTS 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 EASEMENTEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENTIEASEMENTS 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 EASEMENTEASEMENTS 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 EASEMENTEASEMENTS 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTEASEMENTS is being executed and delivered, the EASEMENTEASEMENTS 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 3 05/21/96 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 by the BENEFICIARY this 3r d day of .A-n.r\ \ ,192L BENEFICIARY: BANK OF COMMERCE, a California banking - corporation #++ By: (authorized si na re) V Victricia Bunting (name) First Vice President ._1 (title) By: ., " 0" ,.(authorifed signature) Bonnie J. Fago (name) First Vice President (title) OWNER: DICKINSON CAMERON DEVELOPMENT, a California general partnership / (authoripd signature) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST 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 lNDlVlDUAL 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 AlTORNEYS WITH RESPECT THERETO. Approved as to form: Ronald R. Ball, General Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 4 CMWD 96-224 05/21/96 Rev. . . ..., . EXHIBIT "A" AN EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES ACROSS THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15687, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1989, AS FOLLOWS : IN BOOK OF PARCEL MAPS AT PAGE 15687, M,ORE PARTICULARLY DESCRIBED BEGINNING AT THE NORTHEAST~RLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1. NORTH 6hon7'77" WEST. ~~~ ~ .~ .~~~~ -, .~ " - - " 20.46 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 32"30'11" WEST, 22.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, SOUTH 32"30'11" WEST, 58.57 FEET; THENCE NORTH 57'29'49" WEST. 10.55 FEET; THENCE SOUTH 32"30'11"~WEST. 311.50 ~~ ~~~ FEET; THENCE NORTH 57"29'49" WEST, 20.0 FEET; THZXCE NORTH 32"30'11" EAST, 228.60 FEET; THENCE NOXTH 68"52'38" EAST, 51.51 ~~ .. " , FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION Or" SAID PARCEL MAP NO. 15687 LYING WITHIN THE GENERAL UTILITY AND PUBLIC ACCESS EASEMENT DEDICATED THEREON. C.M.W.D. DWG. 96-224 “6;’ I I I I I I C.M.W.D. DWG. 96-224 ss. On before me, personally appeared personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshel ey executed the same in hisherltheir authorized capacity(ies). and that by hisher ei ignature(s) on the instrument the person(s). or the entity upon behalf of which the person@) acted, executed the instrument. 0 e WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer@) other than named above CMWD 96-224 06/14/95 Rev. -. STATE OF CALIFORNIA 1 - COUNTY OF <\ 0 rl 0, lss. " On 4 -3 "q.7 before me, DATE NAME AND TITLE OF OFFICER personally known to me - OR - '. a to be the perso@ whose name@ Nssubscribed to the within instrument and acknowledged to me that @executed the same in h& authorized capacity@', and that by hN on the instrument the perso& or the entity upon behalf of which the person@ acted. executed the instrument WITNESS my hand and official seal. IbK" , S1G.N TURE OF NOTARY I (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 96-224 06/14/95 Rev. z _, .. . .1 BANK OF COMMERCE SAN DIEGO, CALIFORNIA CERTIFICATE OF CORPORATE RESOLUTION The undersigned hereby certifies as follows: (1) That he is the duly elected and acting assistant corporate secretary of Bank of Commerce, a California Banking Corporation; and (2) That according to the By-Laws of Bank of Commerce, Bonnie J. Fago, Vicuicia Bunting and/or David H. Bamam, being duly elected officers of the Corporation. are authorized to enter into any contract or execute any instrument in the name of and on behalf of the Corporation in the ordinary course of business. (3) That said By-Laws have not been modified or rescinded and are in full force and in effect on the date hereof. IN WITNESS WHEREOF, I have hereunto subscribed my name and affvted the seal of the Corporation this 11th day of April, 1997. Executive Vice President Chief Financial Officer Bank of Commerce 9918 Hibert Street, Suite 101 San Diego, California 92131-1018 (seal) "\OC # 1997-0242061 23-MtY-1997 03g46 PPI RECORDING REQUESTED BY Dickinson Cameron Development AND WHEN RECORDED, PLEASE MAIL TO Carisbad 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 161031.) 1244 I Space above this line for Recorder's use. A.P.N.: 212-092-22 Project No. & Name: 96-224. Lot 21. Edison Place. Carlsbad AirDort Center SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) LOT 21, EDISON PLACE, CARLSBAD AIRPORT CENTER 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 AlTACHES AND HAS THE YOUR SECURITY INTEREST. POTENTIAL EFFECT OF REDUCING THE VALUE OF THIS AGREEMENT, made this 3&day of , 19z, by DICKINSON CAMERON DEVELOPMENT, a California general partnership (Trustor/Owner) hereinafter referred to as "Owner," owner of the land and BANK OF COMMERCE, a California banking corporation (Beneficiary) I 05/21/96 Rev. ‘r .. . . hereinafter referred to as “Beneficiary“; present owner and holder of the deed of trust hereinafter described; WITNESSETH DICKINSON CAMERON DEVELOPMENT, THAT WHEREAS, a California aeneral DartnershiD did execute (Trustor) a deed of trust, dated March 14. ,1996 to STEWART TITLE COMPANY (Date) (Trustee) as trustee, covering An easement for water utilitv and access Durooses across that Lortion ‘of Parcel I of Parcel Map No. 15687, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego, May 30,1989, in book of Parcel Maps at page 15687, more particularly described in Exhibits “A” & “B”, attached hereto and made a part hereof. (Brief Legal Description) (See Exhibit “A” & “B” for Detailed Description) to secure a note in the sum of One Million. One Hundrsd Twentv-One Thousand Dollars ($1.121.000.00 ) dated (Lien Amount) March 14, , 19x. in favor of BANK OF COMMERCE. a California bankina comoration recorded (Dated) (Beneficiary) in the office of the County Recorder of San Dieao County on March 21.1996 (County) (Date Recorded) as File No. I9964138423 of Official Records of said county; and (FIP No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated 3/3!/Q, , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement Grantee,” creating AN/THE EASEMENTlEASEMENTS more particularly described in EXHIBITEXHIBITS “A” & “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENTlEASEMENTS 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 2 05/21/96 Rev. ’ EASEMENTIEASEMENTS and Beneficiary is willing that the grant of EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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 referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENTEASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENT/EASEMENTS WARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and titie insurance companies which would not be made or entered into but for said reliance upon the subordination; and 3 05/21/96 Rev. ,' .. 1287 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 EASEMENTlEASEMENTS in favor of Easement Grantee above referred to. Executed by the BENEFICIARY this 3 rci of PP c\ \ I19LcL day BENEFICIARY: BANK OF COMMERCE, a California banking corporation By: Victricia Bunting W (name) First Vice President (title) .. Bonnie J. Fago (name) First Vice President (title) OWNER: DICKINSON CAMERON DEVELOPMENT, a California general partnership (name) .. By: H7Hr I ' (name) (title) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST 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 J (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 4 CMWD 96-224 05/21/96 Rev. EXHIBIT "A" AN EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES ACROSS THAT CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE PORTION OF PARCEL 1 OF PARCEL MAP NO. 15687, IN THE CITY OF OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1989, AS FOLLOWS: IN BOOK OF PARCEL MAPS AT PAGE 15687, M.0RE PARTICULARLY DESCRIBED BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1. NORTH 66'07'22'' WEST. 20.46 FEET; THENCE, LEAVING SAID NORTHERL~ LINE, SOUTH 32'301i1" ~~ ~ WEST, 22.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, SOUTH 32"30'11" WEST, 58.57 FEET; THENCE NORTH 57'29'49" WEST, 10.55 FEET; THENCE SOUTH 32"30'11" WEST. 211.50 FEET; THENCE NORTH 57'29'49" WEST, 20.0 FEET; THENCE NORTH 32"30'11" EAST, 228.60 FEET; THENCE NORTH 68"52'38" EAST, 51.51 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION OF SAID PARCEL MAP NO. 15687 LYING WITHIN THE GENERAL UTILITY AND PUBLIC ACCESS EASEMENT DEDICATED THEREON. C.M.W.D. DWG. 96-224 I I I I I I C.M.W.D. DWG. 96-224 c .. .. personally appeared personally known to me - OR - ’. proved to me on the basis of satisfactory evidence to be the person@) whose name(s) i@subscribed to the within instrument and acknowledged to me that he/she@executed the same in hislherltheir authorized capacity(ies), and that by hisiher@nature(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.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 96-224 06/14/95 Rev. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEME@;jI State of California county of -5?h 0 I P/4x, On Y / 3.- , before me, I. 4 . (Notary Public) personally appeared \!~ch Lf LC .. .In+, rlc, &.VI& BO.*nl;e. J -/ k41 ci 3 0 J pS personally known to me 0 or proved to me on the basis of satisfactory evidence to bz@q within instrument and acknowledged to me tha &/a /thT xecute capacim, and that by &/ /theTsignatur s on the upon behalf of which the perso s acted, executed the instrument. WITNESS my hand and official seal. Lnp Signaturs of the'rjotad O€"l"IONAL: Capacity Claimed by Signer: 0 Individual % corporate Officer 0 Other Type of Document: TitlelType of Document: Number of pages 'I . .L BANK OF COMMERCE SAN DIEGO, CALIFORNIA CERTIFICATE OF CORPORATE RESOLUTION The undersigned hereby certifies as follows: (1) That he is the duly elected and acting assistant corporate secretary of Bank of Commerce, a California Banking Corporation; and (2) That according to the By-Laws of Bank of Commerce, Bonnie J. Fago, Victricia Bunting and/or David H. Bartram, being duly elected officers of the Corporation, are authorized to enter into any contract or execute any instrument in the name of and on behalf of the Corporation in the ordinary course of business. (3) That said By-Laws have not been modified or rescinded and are in full force and in effect on the date hereof. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Corporation this 11th day of April, 1997. Executive Vice President Chief Financial Officer Bank of Commerce 9918 Hibert Street, Suite 101 San Diego, California 92131-1018 (seal)