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HomeMy WebLinkAbout; Olsen, Maureen; 1994-0289881; Easement3 4 5 6 7 0 9 10 11 15 16 17 18 19 20 21 22 23 24 25 26 27 20 ~.~ r.- PLEASE RECORD THIS DOCUMENT AT ,,:. ;! 'i; "".!;-,!- NO FEE AS IT IS TO THE BENEFIT 1 ., .. b.. . :,.. .: , ,~, ~:1> .:,,, Ziiiii"' I .-p---- ,, .,.,., ~ 1:. :.i OF THIS DISTRICT (GOV. CODE [6103]) ) ,__. .., .. J , ...: 1 '.' ,:.. !,.';.'a: RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: ) ) Carlsbad Municipal Water District ) Engineering Department ) 5950 El Camino Real Carlsbad, California 92008' . . .) ) ;. .. .".. ". .,...m:.3. ) .. ~ .<., ,~~~ I., .r .,. , .~_. .. . ~.. . . , . , . , .. ~ . -, ~ - ,. . .. . ,. ,. . .. .i ,ji : ~ .. .' )~ . ,. . oVe this line for RecorBer'a use. ,. Assessor's Parcel NO. 212-070-08 Project Name (t 'No. Lot 36, Fdrrrsworth Court, CiWISW Research ,, Center IItlit M. 2, 85-C.149 DOCUMENTARY TRANSFER TAX: None C~~LSBAD MUNICIPAL WATER DISTRIC AlethaL.Rautenkranz,Secret+ry Board of Directors ,. ?&iSEMENT , does hereby grant to CAkLSBAD'?fL&ICIPAL 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, 1 3/14/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 2e 1485 Jhether 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 md structures associated with said use which are designed to eacilitate the use and protect the facility ,, from natural and other forms of damage including, but'-kirnited ,. to, erosion control facilities, fence&, 'gates, boors, loCking Clevices, alarms, lights, and all other protedive facilities and devices. The use shall also includi~a ,, means of access to and from said .facility for the purpose of '*constructing, operating, repairing, maintaining, inspecting and reconstructing said fscility. ., '' 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 thehrantor'or any other person or entity, including 'other utilities.; whether public or private, for uses whether compati?YXe or incamplltible with the uses described herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 3/14/91 REV. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1486 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit I1AI1 and Exhibit llBll attached hereto and by this reference made a part hereof. Executed by GRANTOR this -, kg day caf?eQ- 1m. GRANTOR: tmmmm C. OISON. an urmarried VKImrI 4.ad +of grantor) (title of signatory) By : (sign here) (title of signatory) APPROVED AS TO FORM: RONAE GENE L OUNSEL TT. - By : v>714c/. (Notarial acknowledgment of execution by GRANTORmust be attached.) CMWD 854.149 3 3/14/91 REV. ." . - I I CAPACITY CLAIMED BY SIGNER(S1 0 INDIVIDUAL(S) _. 0 CORPORATE n PARTNERISI OFFICER(S) I . . ~-, fl AlTORNEY IN FACT SIGNER IS REPREShTlNG WE OF PEASONISI OR ENll7YOESII 1 2 2 4 5 e 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1488 I ! CERTIFICATION OF ACCEPTANCE OF DEED I This is to certifr that the interest in real property conveyed by the grant deed or easement, 1 dated 11/18/93 ,porn MAUREEN C. Olson, an unmarried woman to the Carhbad Municipal Water District, Carlsbad, California, a Municipal Water DisMict Act of 1911, as amended, is hereby accepted by the undersigned oficer or' -&e behay of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authhty confewed by Resolution N0.m of the Carlsbad Municipal Water ~ District adopted'&ii;rdnirury 28, 1992, and the grantee consents to recotdotion thereof by its dub i I I ., , , " ~ . . . , "',, ~~ ., ., ,. 1489 *\ 60 0 80 120 180 Feat I"-; I 4 'UNE BEARING DISTANCE L1 N 50D8'40. W 18.71 _. L2 N 10'18'39' W 81.34 L3 N 31'41'21' E 43.79 L4 N 05'08'40. W 127.87 L5 N 05'08'40' W 32.13 L8 N 81'51'20' E 43.00 .. ~~ ~ PROJECT NAME C.M.W.D. 85-C.149 REV EXHIPIT ' PROJECW PACIFIC BUSINESS PARK NO. ".' 5925 FARNSWORM COURT B PD-333 N: 930528.1224 1490 EXHIBIT "A" LEGAL DESCRLPTION OF WATER EASEMENT BEING A PORTION OF LOT 36 OF MAP NO. ,11134, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY ON JANUARY 31, 1985 AS FILE NO. 85-034075, OF OFFICIAL RECORDS. A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEG'INNING AT THE MOST SOUTHWESTERLY CORNE~OF SAID LOT 36; THENCE TO THE TRUE POINT OF BEGINNING; ALONG THE SOUTHERLY BOUNDARY LINE, NORTH 84 51 '20" EAST, 58.22 FEET THfNCE LEAVING SAID BOUNDARY LINE AND ALONG SAID CENTERLINE NORTH 81.34 FEET; THENCE CONTINUING NORTH 34 41'21" EAST, 43.19 FEET TO 50 08'40" WEST, 18.71 FEET; THENCE CONT[NUING NORTH 10 18'39" WEST, A POINT ON THE CENTERLINE OF PARCEL "A" OF A PUBLIC WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED OCTOBER 13, TERMINATION. 1989 AS FILE NO. 89-556229 OF OFFICIAL RECORDS AND THE POINT OF THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS TO BEGIN ON SAID SOUTHERLY BOUNDARY LINE, AND JOIN WITH THE EXISTING EASEMENT FOR CONTINUITY. 9305-01.LGL C.M.W.D. 85-C.149 (REV.) PAGE 1 ?iAN MAACOS OCIVENHAIN ROAD VICINITY MAP NO SCALE a 6 PROJECT NAME C.M.W.D. 85-C.149 REV PACIFIC BUSINESS PARK 5925 FARNSWORTH COURT N: 930528.1 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1492 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 1 'Space above this line for Recorder's use. A. P . N . 212-070-08 CMWD NO - 85-C. 149 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 TEE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. 19%! by "IREEN C. OISCN, an ummcried vmmn hereinafter referred to as 8BOwner,11 owner of the land and (Trustor) 21- FIRST NATIm BANK (Owner) hereinafter referred to as "Beneficiary", present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, t43ureen c. Olson (Trustor) did execute a deed of trust, dated March 16, , 19s to continental Lawyers (Date) (Trustee) Title carpany astrustee, covering Lot 36, FarllSuVrth Court, carlsbad ReSearwh Center Unit 2 , (Brief Legal Description) (See Exhibit "B" for Detailed Description) 1 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1493 to secure a note in the sum of one million four hundred thirteen dollars ) dated March 16 I 19~, in favor of zions First National ~ank recorded in the office of the County Recorder of San Diw County on - 35. 1991 , as File No. 93 018286 4 of Official Records of said county: and f/fff/fffff/ffffff///// ($ 1.413.ooo.oo (Lien Amount) (Date) (Beneficiary) (County) (Date Recorded) - (F/P No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEmNT/EASEMENTS dated hm8Ek /</f?.?, 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 "R" 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1494 Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE 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 waiver, relinquishment and subordination’: and 3.’ An endorsement has been placed upon 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 Z2”-d day of o&bw BENEFICIARY: OWNER: ZIa6 FIST NATIONAL BANK ”REEN c. OISCN. an urrnarried By: e (authorized signature) mized -~ signature) vice Pea’devrt (title) By: By: (authorized signature) (authorized signature) (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 4 3/26/91 REV. ". . . \- - - .. C ! 7 CI personally appeared INAMEISI OFSIGNERIS)) 0-3- 0 personalty known to me - OR - 0 .- . .<g ..: SAN OiEGOCO 1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare sub- ,. - scribed . to the within instrument and acknowledged to me.'that helshelthey executed the same in his/her/meir authorized capacity(ies), and that by his7her/their signature(s) on the instrument the m(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wmess my hand, and oftiaxeal. . CAPACITY CLAIMED BY SIGNERPI 0 INDIVIDUAL(S) ' __ 0 CORPQRATE c OFFICER(S) 0 ATTORNEY IN FACT . 0 PARTNER(S). State of On io- before me, DATE NAME, TITLE OF OFFICER. E.G.. 'JANE WE. NOTARY PUBLIC' personally appeared fl&(,- 1. rI 10y.a~~~ @personally known to me -OR - 0 proved to me on the basis of satisfactoly evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir or the entity upon behalf of which the signature(s) on the instrument the person(s), person(s) acted, executed the instrument. WITNESS my hand and official seal. NAME(S) @IGNER(S) - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute do86 not require the NOW t0 fill in the data below. doing so may Prove invaIuaMe to persans relying on me dacument. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLElSl 0 PARTNER(S) 0 LIMITED .. GENERAL 0 AnORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYES) Y OPTIONAL SECT~ON THIS CERTIFICATE MUST BE ATTACHED TO TiTLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES- DATE OF DOCUMENT D ABOVE P 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 1496 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. must be attached. (Notarial acknowledgement of execution of OWNER and BENEFICIARY CMWD 85 - C.149 5 3/26/91 REV. 1497 EXHIBIT "A" LEGAL DESCRIPTION.OF WATER EASEMENT BEING A PORTION OF LOT 36 OF MAP NO. 11134, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY ON JANUARY 31, 1985 AS FILE NO. 85-034075, OF OFFICIAL RECORDS. A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE MOST SOUTHWESTERLY CORNE5OF SAID LOT 36; THENCE TO THE TRUE POINT OF BEGINNING; ALONG THE SOUTHERLY BOUNDARY LINE, NORTH 84 51'20" EAST, 58.22 FEET THFNCE LEAVING SAID BOUNDARY LINE AND ALONG SAID CENIERLINE NORTH 81.34 FEET; THENCE CONTINUING NORTH 34 41'21" EAST, 43.79 FEET TO 50 08'40" WEST, 18.71 FEET; THENCE CONTiNUING NORTH 10 18'39" WEST, A POINT ON THE CENTERLINE OF PARCEL "A" OF A PUBLIC WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED OCTOBER 13, TERMINATION. 1989 AS FILE NO. 89-556229 OF OFFICIAL RECORDS AND THE POINT OF THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS TO BEGIN ON SAID SOUTHERLY BOUNDARY LINE, AND JOIN WITH THE EXISTING EASEMENT FOR CONTINUITY. 9305-01.LGL C.M.W.D. 85-C.149 (REV.) PAGE 1 1498 ! .eo 0 80 120 180 Feet b"; I r I WNE BEARING DISTANCE Ll N 5038'40' W 18.71 ~~ L2 N 10'18'39' W 81.34 L3 N 34'41'21' E 43.79 L4 N 05'08'40' W 127.87 L5 N 0538'4Q. W 32.13 L8 N 8451'20' E 43.00 L7 S 7521'33' E 77.00 LO S 1438'27' W 42.00 &" hb&Juhy33 LS 5783, EXP. 6/30/96 GLENN HALMBACHER DATE d I g-f 34 I I PROJECT NAME C.M.W.D. 85-C.149 REV PROJECV EXHIPIT ", PACIFIC BUSINESS PARK NO. -.' 5925 FARNSWORTH COURT PD-333 B V: 930528.1224 t 1499 :i - L C \~CAD\9305\9305.DWG-EXl I VICINITY MAP NO SCALE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ;;ir'TT'>: ;.i-;,.:,rp.: .,.>; 7."" ,-.fiiiLiT*; "",7L,fip;,'c ,-,JrT;T PLEASE RECORD THIS DOCUMENT AT ) _._."i bH3 :':":a: ..vi: ,. ZC;.:2,1LL.i .: ,. ~.. NO FEE AS IT IS TO THE BENEFIT .*,+:,; >:w-7;1 -G;:;~:T'$ i.;?:.;?" , ...,. ,. ,..,, . .,,,.. ,, :< OF THIS DISTRICT (GOV. CODE 161031). ) RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO .,. . .. ,:.,~I, ..~ ) 1 ) 1 ) ~.. .L"* i _. , .~ ,x /I. .. .. Carlsbad Municipal Water District 1 5950 El Camino Real 1 Carlsbad, California 92008 ) Space above this line for Recorder's use. A. P . N ., . 212-070-08 CMWD NO 85-C. 149 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 TEE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this /B day of /d/&/nRrR , ef hereinafter referred to as ttOwner,ll owner of the land and (Owner) hereinafter referred to as ItBeneficiaryt1, present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, Maureen c. Olson (Trustor) did- execute a deed of trust, dated June 8 , 1993 to Fidel- National Title Insurance canpany (Date) (Trustee) astrustee, covering Lot 36. FaTTlsklorth Court, CarlsM Research Center unit 2 , (Brief Legal Description) (See Exhibit "B" for Detailed Description) 1 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1501 to secure a note in the sum of six hundred fortv-three tb3usand dollars ........................ .Qmll Business Administration 192, in favor of recorded in the office of the County Recorder of San Dieq County on June 15, 1993 , as ~ile NO. 1993-0375925 of Official Records of said county; and (Lien Amount) ($ 643,000.00 ) dated June 8 I (Date) (Beneficiary) (County) (Date Recorded) (F/P No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated NQUE~BE~ /4/~9~ 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 , "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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1502 :he receipt and sufficiency of which consideration is hereby ncknowledged, and in order to induce Easement Grantee to accept ;aid EASEMENT/EASEMENTS above referred to, it is hereby declared, lnderstood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement ;rantee shall unconditionally be and remain at all times a charge 3n the property therein described, prior and superior to the lien 3r charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT/EAS?ZHi3NTS 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. ne 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. 1503 Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE 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 waiver, relinquishment and subordination; and 3. An endorsement has been placed upon 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 BENEFICIARY: OWNER: (title) By: By: (authorized signature) (authorized signature) (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 4 3/26/91 REV. . State of CALIFORNIA c Gounty of SAN DIEGO ', On 10/29/93 before me, ROSA M. RODARTE----------------------- , DATE NAME, TiTLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared JOHN L. STREIT, Chief, Portfolio Management Div ~ 0 personally known to me - OR -a proved to me on the basis of satisfactoly evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they 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. NAMEIS) OF SIGNERIS1 , - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not quire the Notary to fill in the data below, doing so may Prove invduabie to pems relying on the dDcument. ~INDlVlDUAL 0 CORPORATE OFFICER(S) TlTLElSl 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 AITORNEY-IN-E~CT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTINIIES) OPTIONAL SECTION THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT ~. L. I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1505 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Ronald R. Ball, must be attached. (Notarial acknowledgement of OWNER and BENEFICIARY CMWD 85-C.149 5 3/26/91 REV. EXHIBIT "A" LEGAL DESCRIPTION OF WATER EASEMENT BEING A PORTION OF LOT 36 OF MAP NO, ,11134, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY ON JANUARY 31, 1985 AS FILE NO. 85-034075, OF OFFICIAL RECORDS. A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE MOST SOUTHWESTERLY CORNE5OF SAID LOT 36; THENCE TO THE TRUE POINT OF BEGINNING; ALONG THE SOUTHERLY BOUNDARY LINE, NORTH 84 51'20" EAST, 58.22 FEET THfNCE LEAVING SAID BOUNDARY LINE AND ALONG SAID CENTERLINE NORTH 81.34 FEET; THENCE CONTINUING NORTH 34 41'21" EAST, 43.79 FEET TO 50 08'40" WEST, 18.71 FEET; THENCE CONTiNUING NORTH 10 18'39" WEST, A POINT ON THE CENTERLINE OF PARCEL "A" OF A PUBLIC WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED OCTOBER 13, TERMINATION. 1989 AS FILE NO. 89-556229 OF OFFICIAL RECORDS AND THE POINT OF THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS TO BEGIN ON SAID SOUTHERLY BOUNDARY LINE, AND JOIN WITH THE EXISTING EASEMENT FOR CONTINUITY. 9305-01.LGL C.M.W.D. 85-C.149 (REV.) PAGE 1 1507 i 60 0 60 120 180 Feet k"; A 8 1 , UNE BEARING DISTANCE L1 N 50'08'40' W 16.71 L2 N 1078'39' W 81.34 L3 N 34'41'21. E 43.79 L4 N 05'06'40' W 127.87 L5 N 05'08'40' W 32.13 L6 N 84'51'20' E 43.00 L7 S 7521'33' E 77.00 LE S 14'38'27' W 42.00 a&-"& ( *#\A. a- .J.A~ 11 un vi*- GLENN HALMBACHER DATE . LS 5783, EXP. 6/30/96 PROJECT NAME C.M.W.D. 85-C.149 REV PROJECfir EXHIBIT ' PACIFIC BUSINESS PARK IPD-3331 B ' NO. .'.' 5925 FARNSWORTH COURT N: 930528.1224 i C \ACAD\9305\9305.DWG-EXl 1508 ! - Si C: \bCAD\9305\9305.DWG-EXl PROJECT NAME C.M.W.D. 85-C.149 REV PACIFIC BUSINESS PARK 5925 FARNSWORM COURT N: 930528.1224