HomeMy WebLinkAbout; JMB Industrial Properties Fund II; 1993-0886346; Easement1
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k,P
OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1
)
1 Carlsbad Municipal Water District )
Engineering Department 1
5950 ~l camino Real )
Carlsbad, California 92008 )
Space above this line for Recorder's use.
Assessor's Parcel NO. 211-030-27 '~
Project Name b No. CARLSBAD DISTRIBUTION CENTER CMWD PROJECT NO. 91-C-383
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL '.
WATER DISTRICT
AlethaL.Rautenkranz,Secretbry
Board of Directors
EASEMENT
JHB INDUSTRIAL PROPERTIES FUND 11,
a California Li"inited Partnership
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public
Agency organized in the State of California, its successors and
assi.gns, 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,
1 3/14/91 REV.
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2e
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 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 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.
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2 3/14/91 REV.
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit tlBll attached hereto and by this reference made a part
hereof.
iCxe uted by the GRANTOR this 7 day of , 8
L9S.
GRANTOR:
JMB INDUSTRIAL PROPERTIES
FUND 11, a Califbrnia Limited
partnership
JMB Instrtutlona Realty Advisors, (name of qrantor)
By :
By: JMB Institutionar Realty Advisors,
L.P., its general partner
(sign here)
Inc., its geseral partner
(title of signatory)
By :
(sign here')
Vice President (title of signatory)
APPROVED AS TO FORM: RONALD R. BALL
GENERAL COUNSEL
By : 7
(Notarial be attached.)
CMWD 91-C.383
3 3/14/91 REV.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 51
1269
J I
personally appeared NAMEIS) OF SIGNERIS)
personally known to me -OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and ac-
the same in his/her/their authorized knowledged to me that he/she/they executed
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
0 w---~ ( person(s) acted, executed the instrument.
WITNESS my hand and official seal. I * SIGNATURE 0 OF NOTARY PA
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statuts daes not require the Ndaly la fill In the data below, doing so may prove invaluable to persans relying on the document. 0 INDIVIDUAL
0 CORPORATE OFFICER(S)
TITLE(S) 0 PARTNER(S) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAWCONSERVATOR
0 OTHER
-
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYIIES)
1 OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 CanOga Perk, CA 91309-711
CERTIFICQTION OF ACCEPTANCE OF DEED
This is to cee that the interest in real property conveyed by the gmnt deed or easement,
I&- 7- 4 3 ,from JnB INDUSTRIAL PROPERTIES FUND 11. a
California Limited Partnership fotheCarkbndMunicipalW~r~,,~b~
California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the
undersigned oficer or agent on behalf of the Carlsbad Municipal Water District, Carkbad,
Califoria, pursuant to authority conferred by Resolution NO.^ of the Carkbad Municipal
Water District adopted on January 28,1992, and the grantee consents to rem*n themof by
its duly authorized 0-r.
AAZL A,-
ALETHA L. RAUTENKRANZ, Secretary
CMWD 91-C.383
4
SEPTEMBER 25, 1992
AUGUST 27, 1992
91010-02.LOL
EXHIBIT "A" flT
ALL OF THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1310 I IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIAl FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON FEBRUARY 16, 1973 AS FILE NO. 73-042619 ALL OF OFFICIAL RECORDS.
A STRIP OF LAND BEING 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 OF SAID
PARCEL MAP, THENCE SOUTHEASTERLY ALONG A 2735.79 FOOT RADIUS CURVE
CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGEL OF 0°09'26", AN ARC DISTANCE OF 7.51 FEET; THENCE ALONG THE CENTERLINE OF EXISTING
EASEMENT #2 AS DESCRIBED BY GRANT TO THE CITY OF CARLSBAD RECORDED JULY 12, 1974 AS FILE NO. 74-187294, NORTH 59'30'33'' EAST (REC NORTH 59'30'41'' EAST), 242.00 FEET TO AN ANGLE POINT IN SAID
EASEMKNT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG A PROJECTION OF SAID CENTERLINE NORTH 59'30'33'' EAST,
CONTINUING NORTH 0'33'18" EAST, 71.71 FEET TO THE MOST NORTHERLY
114.29 FEET TO A POINT HEREIN REFERRED TO AS POINT "A"; THENCE
LINE OF SAID PARCEL 2 AND THE POINT OF TERMINATION, SAID POINT
EXISTING PUBLIC WATER EASEMENT RECORDED JUNE 6, 1989 AS FILE NO. BEING SOUTH 89'26'42" EAST, 20.30 FEET FROM THE CENTER LINE OF
89-292347, O.R.
ALSO BEGINNING AT POINT "A" AS REFERRED TO HEREIN ABOVE; THENCE
EAST, 56.12 FEET; THENCE CONTINUING NORTH 59'27'29" EAST, 47.61
SOUTH 30'32'31'' EAST, 128.66 FEET; THENCE CONTINUING SOUTH 75'32'31''
FEET TO A POINT OF TERMINATION.
THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS TO JOIN WITH THE EXISTING EASEMENT AND TERMINATE ON THE NORTHERLY BOUNDARY OF SAID PARCEL 2.
THE AREA OF THIS PARCEL IS 6094 SF.
C.M.W.D. 91-C.383 PAGE 1
N'LY UNE PCL 2 3 IL
0
ALL RECORD BOUNDARY DATA PER ALTA SURVEY BY PATRICK O'DAY
RCE 27214 !SIGNED 7/15/91
(NS029'19'W 139.84)
NS029'2* 139.72
VICINITY MAP C
POB / AVENIDA ENCINAS
MOST WLY COR PCL 2
PROJECT NAME C.M.W.D. 91-C.383
B PD-4-08 CARLSBAD DISTRIBUTION CENTER
EXHIBIT PROJECT N 0.
\
9!0!'3,EX5 6/25/92
-----" - - -
AVENIDA ENCINAS
VICINITY MAP
NO SCALE
9 v,
PROJECT NAME C.M.W.D. 91-C.383 PROJECT EXHIBIT -
NO. -~.j
CARLSBAD DISTRIBUTION CENTER lPD-&81 1
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]).
RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
Carlsbad, California 92008
5950 ~l camino Real
SAN PIEGO COUNTY RECORDER'S FFFICE OFFICIAL RECORDS
AYNETTE E!" COUHiY F:ECliRDEF ) 1 1
FEES: 9. gg
)
Space, above this line for Recorder's use.
A.P.N,-721-030-27
CMWD No. 91-C.383
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AN
ESTATE IN THE REAL PROPERTY TO WHICH
YOUR SECURITY INSTRUMENT ATTACHES
AND HAS THE POTENTIAL EFFECT OF
REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
THIS AGREhENT, made this 7 day of /7QCcMA@e
19% by JMB INDUSTRIAL PROPERTIES FUND 11, a California Limited (Trustor) Partnership.
hereinafter referred to as lpOwner,ll owner of the land and
Principal Mutual Life Insurance Company, an Iowa Corporation (Owner)
hereinafter referred to as "Beneficiary", present owner and holder
of the deed of trust. hereinafter described:
WITNESSETH
THAT WHEREAS, JMB Industrial Properties Fund 11, a (Trustor)
California Limited Partnership, did execute a deed of
trust, dated December 30 , 19 - 91 to Ronald B. Franklin (Date) (Trustee) astrustee, covering
parcel Mav 2 of Parcel nap 1310
Carlsbad Distribution Center, 6030 Avenida Encinas ,
(Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
1 3/26/91 REV.
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to secure a note in the sum of twelve million four hundred and fiftl (Lien Amount thousand dollars////($ 12,450,000.00 ) dated Decem er 30 Principal Mutual Li.fe Insurance (Date)
b
192, in favor of Company, an Iowa Corporation recorded
in the office of the County Recorder of San Diego County
on December 31, 1991, as File No. 1991-0685053 of Official
(Beneficiary)
(County)
(Date Recorded) (F/P No.)
Records of said county: and
WHEREAS, 'Owner has executed, or is about to execute, as
grantor, a grant of EASEMENT/EASEMENTS dated @c<'.mn6i.r q, 3 '1 7 , in
favor of the Carlsbad Municipal Water District as grantee,
hereinafter referred to as "Easement Grantee," creating AN/THE
EASEMENT/EASEMENTS 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 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 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,
2 3/26/91 REV.
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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 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 referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and EASEMENT/EASEMENTS 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. He consents to and approves the grant of
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the EASEMENT/EASEMENTS in favor of
3 3/26/91 REV.
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{asement Grantee above referred to and understands that in reliance
Ipon, and in consideration of, this waiver, relinquishment and
Zubordination of the grant of EASEMENT/EASEMENTS is being executed
md delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
:hat specific monetary and other obligations are being and will be
mtered into by the Easement Grantee, other lenders and title
insurance companies which would not be made or entered into but
€or said reliance upon the waiver, relinquishment and
subordination: and
3. An endorsement has been placed upon the note secured
3y 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 day of urn , 19m
BENEFICIARY:
PRINCIPAL MUTUAL LIFE INSURANCE
COMPANY. an Iowa CorDdration ~~
By:
P'" (authorized sisnature)
7°F day of , 19%
Exe uted by the OWNER this
OWNER:
JMB INDUSTRIAL PROPERIES FUND
11, a cali.fornia Limited
Partaezship By: JMB Institutional Realty Advisor
its^ General Partner
By: JMB Institutional Realty Advisors,
its General Partner
(title)
By :
(authoriied signature)
Vice President
(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
4 3/26/91 REV.
:ALIFORNlA ALLPURPOSE ACKNOWLEDGMENT NO. !
State of
co*ty of
la8
mpersonally 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 ac-
the same in hislherltheir authorized knowledged to me that he/she/they executed
capacity(ies), and that by hislhedtheir
signature@) on the instrument the person@),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
- OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER
mough statute does not require the Notary to
fill in the data beiow, doing so may prove invaluable to pmns relying On the dacument. 0 INDIVIDUAL
TITLEIS) 0 PARTNER@) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIANKONSERVATOR
-
0 OTHER:
i
SIGNATURE OF NOTARY
OPTIONAL SECTION
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTIMIIES), I
THIS CERTIFICATE MUST BE ATrACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
Though the data requested here is not required by law,
NUMBER OF PAGES DATE OF DOCUMENT
e1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
CAPACITY CLAIMED BY SIGNER
Though statute daes nn require the Notary to fill in the data below, doing so may prove
invaluable m pems relying on me dowment. 0 INDIVIDUAL
0 CORPORATE OFFICER(S)
:ALIFORNIA ALL-PURPOSE ACKWOWLEMMENT NO. 5
1 , personally appeared I NAMEIS) OF SIGNER(S1 I Frsonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name@) islare
subscribed to the within instrument and ac-
knowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by hislherltheir
signature@) on the instrument the person@),
or the entity upon behalf of which the
person@) acted, executed the instrument.
WITNESS my hand and official se
SIGNATURE OF NOTARY "
0 PARTNER@) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACT
I
0 TRUSTEE(S) 0 GUARDiAN/CONSERVATOR 0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTIMIIES)
OPTIONAL SECTION ~~
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT
it could prevent Iraudulent reattachment of this form. SIGNER@) OTHER THAN NAMED ABOVE
Though the data requested here is not required by law,
e1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7
.I
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
Approved as to form: &+%&” 3,. w ch”
Ronald R. Ball, G>neral Counsel
5 3/26/91 REV.
SEPTEMBER25, 1992
AUGUST 27, 1992 91010-02.LGL
EXHIBIT "A"
ALL OF THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 131'0, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE RECORDER OF SAID COUNTY ON FEBRUARY 16, 1973 AS FILE
NO. 73-042619 ALL OF OFFICIAL RECORDS.
A STRIP OF LAND BEING 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP, THENCE SOUTHEASTERLY ALONG A 2735.79 FOOT RADIUS CURVE
CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGEL OF 0'09 26", AN ARC DISTANCE OF 7.51 FEET; THENCE ALONG THE CENTERLINE OF EXISTING EASEMENT #2 AS DESCRIBED BY GRANT TO THE CITY OF CARLSBAD RECORDED JULY 12, 1974 AS FILE NO. 74-187294, NORTH 59'30'33'' EAST IREC NORTH 59'30'41" EAST), 242.00 FEET TO AN ANGLE POINT IN SAID
EASEMENT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.
THENCE ALONG A PROJECTION OF SAID.CENTERLINE NORTH 59'30'33'' EAST,
CONTINUING NORTH 0'33'18" EAST, 71.71 FEET TO THE MOST NORTHERLY 114.29 FEET TO A POINT HEREIN REFERRED TO AS POINT "A"; THENCE
LINE OF SAID PARCEL 2 AND THE POINT OF TERMINATION, SAID POINT BEING SOUTH 89'26'42" EAST, 20.30 FEET FROM THE CENTER LINE OF EXISTING PUBLIC WATER EASEMENT RECORDED JUNE 6, 1989 AS FILE NO. 89-292347, O.R.
ALSO BEGINNING AT POINT "A" AS REFERRED TO HEREIN ABOVE: THENCE
SOUTH 30'32'31'' EAST, 128.66 FEET; THENCE CONTINUING SOUTH 75'32'31"
EAST, 56.12 FEET; THENCE CONTINUING NORTH 59'27'29'' EAST, 47.61
FEET TO A POINT OF TERMINATION.
THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS TO JOIN WITH THE EXISTING EASEMENT AND TERMINATE ON THE NORTHERLY BOUNDARY OF SAID PARCEL 2.
THE AREA OF THIS PARCEL IS 6094'SF.
C.M.W.D. 91-C.383 PAGE 1
POB 1 AVENIDA ENCINAS I MOST H/LY COR PCL 2
PROJECT NAME C.M.W.D. 91-C.383 EXHIBIT PROJECT N 0. I CARLSBAD DISTRIBUTION CENTER ' IPD-4081 B
91010EX5 9/25/92
AVENIDA ENCINAS
0
VlClNlTY MAP
NO SCALE
P ln
PROJECT NAME C.M.W.D. 91-C.383 PROJECT
A, PD-408 CARLSBAD DISTRIBUTION CENTER
EXHIBIT -
NO.
9101OEX7 9/25/92