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HomeMy WebLinkAbout; Grand Pacific Plaza, LLC; 1998-0010709; Easement002109 .,. , . RECORDING REQUESTED BY * Grand Pacific Plaza, LLC AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) SA4 DIEGO COUNTY RECORDER'S OFFICE OFFICIAL HECDRDS GKGORY J. SMITH, CWNTY RECORDER FEES: 0.00 Dc: Nf? Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or Inc., Lot 61. Carlsbad Research Center @ Colleae ( ) computed on full value less value of liens and Boulevard and Pasteur Court ( ) Unincorporated area: (x) City of Carlsbad , and Assessor's Parcel No. 21 1-120-22 Project No. & Name 97-262. Grand Pacific Resorts, encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receiDt of which is herebv acknowledaed. e- (,O/- WILLIAM E. PLdMMkR, bktrict Engineer GRANT DEED OF WATER LINE EASEMENT GRAND PACIFIC PLAZA, LLC, a California Limited Liability Company 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 10/20/97 Rev. 1074 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 "B attached hereto and by this reference made a part hereof. Executed by the Grantor this /;7 day of 19y.2. GRANTOR GRAND PACIFIC PLAZA, LLC, a California limited liability company By: GPO, LLC, a liability company its Member 0 0 Revocable vust dded September 24,1996, its Member i, I By: Patrick O'Day, Trustee of the Franz Family Revocable Trust dated June 26,1996, its Member (Notarial acknowledgement of execution 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.) execute this instrument.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to APPROVED AS TO FORM: CMWD 97-262 10120197 Rev. 2 OCTOBER 9, 1997 J.N.: 96-1015-A1 EXHIBIT "A" CMWD 97-262 WATER EASEMENT AT LOT 61 OF MAP NO. 11811 All THAT PORTION OF LOT 61 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO MAY 19, 1987, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE MOST SOUTHERLY POINT OF SAID LOT 61, SAID POINT BEING A POINT ON THE RIGHT-OF-WAY OF PASTEUR COURT, SAID POINT ALSO BEING THE BEGINNING OF A 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 50'27'13'' EAST; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 61 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42'08'03", AN ARC DISTANCE OF 44.12 FEET TO THE TRUE POINT OF BEGINNING; __~_ THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 19'19'31", AN ARC DISTANCE OF 20.24 FEET: THENCE LEAVING SAID SOUTHERLY LINE, NORTH 05"27'13" EAST, 53.23 FEET; THENCE SOUTH 84'32'47'' EAST, 41.00 FEET, THENCE SOUTH 05'27' 13" WEST, 20.00 FEET; THENCE NORTH 84'32'47" WEST, 21 .Oo FEET; THENCE SOUTH 05'27'13" OF BEGINNING. AREA = 1,449 SQUARE FEET WEST, 30. POINT \ \ i W NO. 11811 EMSJLNG 15' SJORM OWN C4SEMENJ PER W NO. 11811 TO CIJY Of wWLSE4D MOSJ SOULYERL Y POINT Of LOT 61 W NO. 11811 0' 40' 20' 80' SCALE: 1" = 40' VICINITY MAP 1 1077 DATA TABLE NO. I DELTA OR BEARING RADIUS I LENGTH (1) I A = 4708'03' 44.12' 60.00' - 01 A = 1919'31' 60.00' 20.24' rnl N 0527'13' E - 53.23' I I ?32'4T E - 41 .00' Mi sn4 BASIS OF 0URlNGS: IS THE CENTERUNE OF PASTEUR COURT AS THE E4SlS OF BMINGS FOR lHlS PLAT SHOWN ON W NO. 1 1811. 1.E. NORIH W35'51 EAST. EGAL DESCRIPTION: LOT 61 OF W NO. 11811 LEGEND: wA AREA OF DEDlC477ON EXlSl7NG LOT LINES UP. 3/31/01 "U " .9W8" 5 hllWII EXHIBIT B WATER EASEMENT SHT. 2 OF 2 SHTS, REQUESTED BY: GRAND PACIFIC PLAZA LLC PREPARED BY: 5050 AVENIOA ENCINAS PATRICK/N. O'OAY PR A.p,N, 211-120-22 SUITE 200 C.M.W.D. 97-262 CARLSBAO. CA. 92008 DATE 6-10-97 ... )j4 EXP. F.\*~D~%IPI~\MMTWI 9-a-97 met6 P , -, .. 1078 IS-, from 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. 773 of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer. DATED: J2 - 219 - 5 7 CMWD 97-262 06/14/95 Rev. 7 .. 1079 STATE OF CALIFORNIA 1 personally appeared 71 r/l 0 7hy J-. s?r;w. v I NAME@) OF SIGNER@) personally known to me - OR - " me the person@ whose name@$ is/& subscribed to the within instrument and acknowledged to me that he/s*/thb$ executed the same in his/h&/t*r authorized capacity(iN, and that by his/he(dth* signatureM on the instrument the personw, or the entity upon behalf of which the person& acted, executed the instrument. WITNESS my hand and official seal. A (This area for official notary seal.) ~~~ ~~ ~ Title or Type of Document h Ld @a A- Date of Document //$' 71 9 7 NO. of Pages 6 Signer(s) other than named above fm A). O'DU I le A& - CMWD 97-262 06/14/95 Rev. On November 21, 1997 before me, Cathlynn E. Aguirre DATE NAME AND TITLE OF OFFICER personally appeared Patrick N. O’Day NAME(S) OF SIGNER(S) personally known to me -#&xKpWXKKKW#3WVW€K!iS8~8fSCW?F~ to be the person@) whose name@) ish subscribed to the within instrument and acknowledged to me that hekdtkiq executed the same in hishadlheb authorized capacity@s). and that by his/ks&?& signature(%) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. I 1 /m&&lJPgd/ucl/”c) SIGNATURwF NOTARY (This area for ofiicial notary seal.) (This area for ofiicial notary seal.) Title or Type of Document Grant Deed of Water line Easement Date of Document November 17. 1997 No. of Pages 6 Signer(s) other than named above Timothy J. Stripe CMWD 97-262 06/14/95 Rev. 002llO RECORDING REQUESTED BY Grand Pacific Plaza, LLC. a California limited liability 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].) DOL: # 1998-0010710 JAN 08s 1998 4:46 PPI Space above this line for Recorder‘s use. ASSESSOR’S PARCEL NO. 211-120-22 PROJECT NO. & NAME: 97-262. Grand Pacific Resorts, and Pasteur Court Inc.. Lot 61. Carlsbad Research Center @ Colleae Boulevard SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT AlTACHES 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 /7 day of ndld , 1997, by GRAND PACIFIC PLAZA. LLC. a California limited liabilitv comDanv , owner of the land described and hereinafter referred to as “Owner,“ and FIRST BANK &TRUST, a California CorDoration , present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, GRAND PACIFIC PLAZA. LLC. a California limited liabilitv comDanv did execute a deed of trust, dated Julv 1 , 1997 to FIRST BANK & TRUST. a California coworation 10/20/97 Rev. 1082 1. as trustee, to secure a note in the sum of Four Million Dollars ~4.000.000.00 ) dated Julv 1.1997 in favor of FIRST BANK 8 TRUST. a California corooration recorded in the office of the County Recorder of San Diego County on Julv 23.1997 as File No. 1997-0349479 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated h/t7/97 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee." creating ANiTHE EASEMENnEASEMENTS more particularly described in EXHIBIT/EXHIBITS "A & "B" attached hereto: and 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 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 EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENnEASEMENTS 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 2 10/20/97 Rev. * : 1083 !. .. 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 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 111 111 Ill Ill Ill Ill 111 111 3 1 0120197 Rev. 1084 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 I7 day of 7? CLKM~Q- , 19z. BENEFICIARY: FIRST BANK Its: By: (authoriied sidnature) Executed this /1 day of -, 192. OWNER: GRAND PACIFIC PLAZA, LLC, a California limited liability company By: GPO, LLC, a California limited liability company, its Member By: its MemberA By: Patrick b’Day, Truster of the Franz Family Revocable Trust dated June 26,1996, its Member (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. NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST 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 97-262 10120197 Rev. 4 .' 1085 OCTOBER 9, 1997 J.N.: 96-1015-A1 EXHIBIT "A" CMWD 97-262 WATER EASEMENT AT LOT 61 OF MAP NO. 11811 All THAT PORTION OF LOT 61 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO MAY 19, 1987, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE MOST SOUTHERLY POINT OF SAID LOT 61, SAID POINT BEING A POINT ON THE RIGHT-OF-WAY OF PASTEUR COURT, SAID POINT ALSO BEING THE BEGINNING OF A 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 50'27'13" EAST; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 61 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42'08'03", AN ARC DISTANCE OF 44.12 FEET TO THE TRUE POINT OF BEGINNING; _____- THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 19'19'31", AN ARC DISTANCE OF 20.24 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 05'27'13'' EAST, 53.23 FEET; THENCE SOUTH 84'32'47'' EAST, 41.00 FEET, THENCE SOUTH 05'27'13'' WEST, 20.00 FEET; THENCE NORTH 84O32'47" WEST, 21.00 FEET; THENCE SOUTH 0S027'13" WEST, 30.85 FEET TO THE TRUE POINT OF BEGINNING. " - AREA = 1,449 SQUARE FEET 1086 EXISi7NG 15' SMR EASEMENT PER A# NO. 11811 MAP PD8UO \ 20' 80' SCALE: 1" = 40' VICINITY MAP WATER EASEMENT SHT. 1 OF 2 SHTS. REQUESTED BY: ;RAN0 PACIFIC PLAZA LLC PREPARED BY: io50 AMNlDA ENCINAS UTE 200 &$?/?) C.M.W.D. 97-262 XRLSBAD. CA. 92008 R.C.E.' 27214WXP. 3/31/01 DATE 6-10-97 PAT RICK,^ O'DAY PR A.P.N. 211-120-22 F~U~BS\~PIWEMTCPI e-n-97 mea P I 1087 DATA TABLE I NO. I DELTA OR BEARING I RADIUS I LENGTH I 101 s os2715 w - 30.85' I MStS Of BC4RlNGS: THE &lSlS Of 8&4RINGS fOR IklS PLAT IS IWE CENTERlINE Of PASTEUR COURT AS SHOWN ON W NO. 11811. 1.E NORTH .~ 08.35'57" EAST EGAL DESCRlPTtON: LOT 61 Of MAP NO. 11811 EG€ND: vd AREA Of OEDI/olTION EXHIBIT B 1088 STATE OF CALIFORNIA 1 COUNTY OF OM lss 'v personally appeared I; mo &u i svr> - NAME@) OF SIGNER@) personally known to me - OR - '' 2 to be the personm whose namew isla& subscribed to the within instrument and acknowledged to me that he/sNthg6( executed the same in his/l$d/th@r authorized capacity(@), and that by his/t$h/th& signatureo on the instrument the personQ3, or the entity upon behalf of which the person@ acted, executed the instrument WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document A- Date of Document //// ?/ '7 NO. of Pages 7 Signer(s)otherthan named above fdi&h rV. o'oy ; 3- flarnh *&J-JAG CMWD 97-262 06/14/95 Rev. STATE OF CALIFORNIA 1 COUNTY OF !%d&@" I ISS. personally appeared klaM 6.. &kk El -ibm NAME(S) OF SIGNER@) personally known to me - OR - '' Fbe the persowhose ,am@ ismsubscribed to the within instrument and acknowledged to me that hekhewexecuted the same in hislherm authorized capacimand that by his/he@ignatur@hn the instrument the persoaor the entity upon behalf of which the persoaacted, executed the instrument. WITNESS my hand and official seal. n (This area for official notary seal.) Title or Type of Document %dl ncct~(jv\ AyemM;r Date of Document l[-ll-q~ No. of Pages Signer(s) other than named above CMWD 97-262 06/14/95 Rev. STATE OF CALIFORNIA 1 COUNTYOF San Diego J lss. On 21. ~g7before me, Cathlvnn E. Aauirre DATE NAME AND TITLE OF OFFICER personally appeared Patrick B. O'Day NAME@) OF SIGNER@) personally known to me -6@wx~ltltwwtF#wb~W~~W~e to be the person(@ whose name(=) ish subscribed to the within instrument and acknowledged to me that he/sEbrsJltrry executed the same in his/braPJtbatc authorized capacity(- and that by hishldtheh- signature(=) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY 0 (This area for official notary seal.) Title or Type of Document Subordination Aereement (Truset Deed Holders) Dateof Document November 17. 1997 No. of Pages 7 Signer(s)otherthannamedabove Ron del Toro, Alan G. Rye and Timothy J. Stripe CMWD 97-262 06/14/95 Rev.