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HomeMy WebLinkAbout; Hoffman, Stephen; 1997-0316232; Easement.. 1 RECORDING REQ~ESTED BY .. Carlsbad Municipal Water District .. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad. California 92008 MAIL TAX STATEMENTS TO: i . .. EXEMPT i Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) 498 DOC I# 1997-0316232 03-JUL-1997 12:21 PPI OFFICIAL RECORDS SAM OIEGO~COUNTV~RECORDER~S OFFICE GREGORY SHITH, COUNTY RECORDER FEES: 0.00 I Space above this line for Recorder‘s use. The undersigned grantor(s) declare(s): Assessor‘s Parcel No. 212-130-33 Documentary transfer tax is $o.oO Project No. 8 Name 96-241. Carlsbad Research ( ) computed on full value of property conveyed, or Center. Lot 108. @ Faradav. The Iris GrouD ( ) 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. receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT > .- - I \\3C &/21);, E (725”” WILLIAM E. PLUMMER. District Engineer GRANT DEED OF WATER LINE EASEMENT STEPHEN HOFFMAN, a single man 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 I 01/20/97 Rev. __ 499 ._ - natural and ather forms of damage Jding. but not limited to, erosion control ilities. 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 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 "9" attached hereto and by this reference made a part hereof. Executed by the Grantor this day of %, 1947. GRANTOR STEPHEN HOFFMAN, a single man (name of grantor) (title of signatory) By: (sign here) (title of signatory) APPROVED AS TO FORM: GENERAL COUNSEL RONALD R. BALL (Notariadcknowledgement of execution of GRANTOR must be attached.) CMWD 96-241 2 01/20/97 Rev. t EXHIBIT "A" ALL THAT PORTION OF LOTS 107 AND 108 OF CARLSBAD TRACT NO. 85- 24, UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF LAND 20 .OO FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 108, SAID CORNER BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE (84.00 FEET WIDE), SAID CORNER ALSO BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1242.00 FEET (A RADIAL ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL LINE TO WHICH BEARS NORTH 37°04'22" EAST); THENCE NORTHWESTERLY ANGLE OF 4O45 1 1 'I AN ARC DISTANCE OF 1 03.03 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO WHICH BEARS NORTH 41'49'33" EAST 291.61 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 39°03'14'' WEST 23.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 39°03'14" WEST 109.89 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 39'03'14" WEST 63.97 FEET TO THE COMMON BOUNDARY LINE OF SAID LOTS 107 AND 1 08; THENCE CONTINUING NORTH 39°03'14" WEST 12.00 FEET; THENCE PARALLEL EAST; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 50°56'46" WITH SAID COMMON BOUNDARY LINE SOUTH 50°56'46" WEST 203.00 FEET; THENCE NORTH 39O03'14" WEST 20.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 39'03'14'' EAST 85.00 FEET; THENCE SOUTH 50'56'46" WEST 72.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 50°56'46" WEST 23.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"' , THENCE NORTH 50'56'46'' EAST 48.50 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS. SHEET I OF '2 CMWO 96-241 ’F f! 1 \, SHEET 2OF 2 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated (%q 19%7, from STEPHEN HOFFMAN. a sinale man to the Carlsbad Municipal Water District, Carisbad. 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. of the Carlsbad Municipal Water District adopted on January 28. 1992, and the grantee consents to recordation thereof by its duly authorized officer. cLQLcL. 4. a" ALETHA L. RAUTENKRANZ, Secretary CMWD 96-241 06/14/95 Rev. 503 STATE OF CALIFORNIA 1 COUNTYOF 2hd -''&Z ISS. 1 On r/f '4 /./ 7 before me, Charlotte Mitchell. Notay Public DATE NAME AND TITLE OF OFFICER personally appeared Set+" HaFGmqrJ NAME(S) OF SIGNER(S) 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 helshdthey executed the same in hisiherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf Of which the person@) acted, executed the instrument .- WITNESS my hand and official seal. c4- - SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document 6&.&u 7 be- U F- Lu..+rzzi~ L( &e mcrncK 7 Date of Document 1'1 (V / 17 NO. of Pages 2 + A tf"-C Signer(s) other than named above (b CMWD 96-241 06/14/95 Rev. RECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District Carlsbad. California 92008 5950 El Camino Real Please record the document at no fee as it is to the benefit of the District 1 (Gov. Code [6103].) I' / i DOC # 1997-0316233 03-JUL-1997 12121 PPI I Space above this line for Recorder's use. A.P.N.: 212-130-33 Project No. 8 Name: 96-241. Carlsbad Research Center. Lot 108. @ Faradav. The Iris Grow SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) LOT 108, CARLSBAD RESEARCH 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 ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this /Yd day of /n&U .19fl, by STEPHEN HOFFMAN, a single man (Trustor/Owner) hereinafter referred to as "Owner," owner of the land and HERMAN ENTERPRISES, LLC, a California limited liability company (Beneficiary) I 05/21/96 Rev. 505 hereinafter referred to as “Beneficiary”; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, STEPHEN HOFFMAN. a sinale man (TNStOr) did execute a deed of trust, dated Julv 30 , 19K to FIRST AMERICAN TlTLF COMPANY. a California cormration (Date) (Trustee) as trustee, covering Lot I08 of Carlsbad Tract No. 85-24 Unit 5 Carlsbad Research Center. in the Citv of Carlsbad. County of San Diego, State of California, according to map thereof No. 12815, filed in the Office of the County Recorder of San Diego County, May 16,1991, more particularly described in Exhibits A 8 B attached hereto and and made of part hereof. (Brief Legal Description) Two Hundred SixtySeven Thousand, (See Exhibit “A” 8 “B” for Detailed Description) to secure a note in the sum of Three Hundred Thirtv-Two Dollars ($267.332.00 ) dated (Lien Amount) Julv 30. , 1996, in favor of HERMAN ENTERPRISES. LLC. a California limited liabilitv comDanv recorded (Dated) (Beneficiary) in the ofiice of the County Recorder of San Dieao County on Auaust 14.1996 (County) (Date Recorded) as File No. 19960413516 of Official Records of said county; and (FIP No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS dated L?@ / ??? , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as “Easement Grantee,” creating AN/THE EASEMENnEASEMENTS more particularly described in EXHlBlT/WHlBlTS - “A” 8 “8” 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 EASEMENT/EASEMENTS 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 ' EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENTEASEMENTS 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 EASEMENTEASEMENTS 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 EASEMENTEASEMENTS 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 bust 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 EASEMENT/EASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENTIEASEMENTS in favor of Easement Grantee above referred to Executed by the BENEFICIARY this (*= of 19- day BENEFICIARY: HERMAN ENTERPRISES. LLC, a California limited VJeffrey C. Hamann (name) Managing Member (title) By: (authorized signature) .I. h. (name) Executed by the OWNER this I vx of r-\eu ,1945 day OWNER: STEPHEN HOFFMAN, a single man, (title) By: (authorized signature) (name) (title) (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.) CMWD 96-241 05121196 Rev. 4 .. 508 " EXHIBIT "A" ALL THAT PORTION OF LOTS 107 AND 108 OF CARLSBAD TRACT NO. 85- 24, UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 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 NORTHEAST CORNER OF SAID LOT 108, SAID CORNER BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE (84.00 FEET WIDE), SAID CORNER ALSO BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1242.00 FEET (A RADIAL ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 4 '45 ' 1 1 " AN ARC DISTANCE OF 1 03.03 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO WHICH BEARS NORTH 41'49'33" EAST; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 50'56'46'' EAST 291.61 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 39"03'14" WEST 23.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH AS POINT "C" - 39O03'14" WEST 109.89 FEET TO A POINT HEREINAFTER REFERRED TO , THENCE CONTINUING NORTH 39'03'14" WEST 63.97 FEET TO THE COMMON BOUNDARY LINE OF SAID LOTS 107 AND 108; THENCE CONTINUING NORTH 39'03'1 4" WEST 12.00 FEET; THENCE PARALLEL WITH SAID COMMON BOUNDARY LINE SOUTH 50"56'46" WEST 203.00 FEET; THENCE NORTH 39"03'14" WEST 20.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"' 39°03'14" EAST 85.00 FEET; THENCE SOUTH 50"56'46" WEST , THENCE SOUTH 72.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 50"56'46" WEST 23.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 50°56'46" EAST 48.50 FEET TO A POINT OF TERMINATION. LINE TO WHICH BEARS NORTH 37O04'22" EAST); THENCE NORTHWESTERLY THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS. SHEET I OF 2 CMWO 96-241 \ \, \ SHEET ZOF 2 510 STATE OF CALIFORNIA 1 On 5/20/97 before me, Sylvia K. Harrison, Notary Public DATE NAME AN0 TITLE OF OFFICER personally known to me - OR - " 10 be the person(&whose name(* islesubscribed to the within instrument and acknowledged to me that he/skeUkep executed the same in hisI-ir authorized capacity@), and that by hislhedtheir signaturefs) on the instrument the personw, or the entity upon behalf Of which the personCsfacted, executed the instrument. WITNESS my hand and official seal. (This area For official notary seal.) Title or Type of Document Subordination Agreement (Trust Deed Holders) I 1 Date of Document 5/14/97 No. of Pages 6 I Signer(s) other than named above Stephen Hoffman, Joseph D. Herron, Ronald R. Ball I CMWD 96-241 06/14/95 Rev. STATE OF CALIFORNIA 1 On 5/22/97 before me, Carla Quinn, Notary Public DATE NAME AND TITLE OF OFFICER personally appeared J. D. Herron NAME@) OF SIGNER(S) personally known to me - OR - " to be the personMwhose name# iswsubscribed to the within instrument and acknowledged to me that he/.sWky-executed the same in hisher" authorized capacityw. and that by his/her/their signature@ on the instrument the personla). or the entity upon behalf Of which the personmacted. executed the instrument. - WITNESS my hand and official seal. ea,ya-l a, SIGNATURE OF NOTARY CLWL/ (This area for official notary seal.) Title or Type of Document Subordination Aqreement Date of Document 5/14/97 No. of Pages 4 + Attachments Signer(s) other than named above 4 CMWD 96-241 06/14/95 Rev STATE OF CALIFORNIA 1 COUNTY OF 3rirz-a iss On 21/L//977 before me, Chariotte Mitchetl. Notary Publ~c DATE " NAME AN0 TITLE OF OFFICER personally appeared frnZPIf~3J h3FFrne-d NAME(S) OF SIGNER(S) 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 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. c44.h.Zr-u SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document S~&o&b~~no~ &m.~~r Date of Document 57/Y 177 No. of Pages + t A- _1 Signer@) other than named above q CMWD 96-241 06/14/95 Rev.