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HomeMy WebLinkAboutCMWD 90-C-348; McCormick, Jack; 1990-0655595; EasementPLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 E1 Camino Real Carlsbad, California 92008 Assessor,s Parcel No.: 212-092-1 Project Name & No.: Lot 37, Airport Business Center Unit 2 < i::: ;.-LE CMWO 90-c-3JB DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT I" ALETHA L. RAUTENKRANZ, Secretary KAREN KUNDTZ, Assistant Secretary Board of Directors EASEMENT JACK D. MCCORMICK, as Trustee of the McCormick Family Trust dated January 20, 1982, 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, the general purpose of collecting, storing, transporting, pumping reconstruct, operate, maintain and repair facilities designed for and treating all water, including surface water, stream water, all natural and artificial drainage ditches and structures of any flood water and ground water flowing into said facilities, and 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 designed to facilitate the use and protect the facility from facilities and structures associated with said use which are natural and other forms of damage including, but limited to, devices, alarms, lights, and all other such protective facilities erosion control facilities, fences, gates, doors, locking 1 and devices. The use shall also include a means of access to and repairing, maintaining, inspecting and reconstructing said from said facility for the purpose of constructing, operating, 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 *IA" and Exhibit l*Bl* attached hereto and by this reference made a part hereof. JACK D. MCCORMICK, as Trustee of the McCormick Family Trust dated January 20, 1982 i@F (Attach Notary Acknowledgment) CMWD 90-C-348 2 .. * .. .. -. 13C0 I This is to certify that the interest in real property conveyed by the Deed dated &&k6 " 25 7- /yyo , 1990, from JACK D. MCCORMICK, Trustee of the Mccormick Family Trust dated January 20, 1982, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on November 139 lggo , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. CARLSBAD MUNICIPAL WATER DISTRICT By : Carlsbad Municipal Water District KAREN KUNDTZ, Assistant Secretary CMWD 90-C-348 3 Notary Acknowledgment Lot 37, Airport Business Center Unit 2 State of 1 County o 1 1 ss On this day of &Ab , in the year m, before me. the undersianed. a notaw Public in and for said / 4 state, personally appeared JACK D. MCCORMICK, as trustee of the McCormick Family Trust dated January 20, 1982, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that executed it. CMWD 90-C-348 4 LEGAL DESCRIPTION FOR WATER LINE EASEMENT FOR P.I.P. 30-3 EXHIBIT "A" THAT PORTION OF LOT 37 OF CARLSBAD TRACT NO. 81-46, IN THE CITY OF CARLSBAD, COUNTY OF SAii DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11285 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 19% BEING STRIPS OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AiVD PARALLEL WITH IME CENTERLINES OF WHICH ARE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 37; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 80" 25' 04" EAST 165.53 FEET TO THE BEGINSING OF A TAVGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 90.00 FEET; THENCE EASTERLY 20.80 FEET ALOivG SAID CURVE THROUGH A CENTRAL ANGLE OF 13" 14' 39" TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 27' 49' 35" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 09" 34' 56" WEST 11.61 FEET; THENCE NORTHSF 25' 04" EAST 96.77 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THEXCE NORTH 35" 25' 04" EAST 9.33 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH 35" 25' 04" EAST 1.16 FEET; THENCE XORTH 09" 34' 56" WEST 208.44 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C'; THEXCE NORTH 09" 34' 56" WEST 19.00 FEET; THEXCE SOUTH SO" 25' 04" WEST 22.00 FEET TO A POINT OF TERMINATION. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 54- 34' 56 EAST 7-21 FEET, THEXCE SOUTH 77"04' 56" EAST 18.17 FEET; THENCE NORTH SO" 25' 04" EAST 5.50 FEET TO A POIIUT OF TERMINATION. SHEET 1 OF 2 C.M.W.D. 9O-C3.4S BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 54" 34' 56" EAST 2.21 FEET; THENCE SOUTH 77" 04' 56" EAST 11.33 FEET; THENCE NORTH 09" 34' 56" WEST 1137 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C'; THENCE NORTH 80" 25' 04" EAST 37.50 FEET TO A POINT ON THE EAST LINE OF ABOVE SAID LOT 37, SAID POINT BEING SOUTH 09"34' 56" EAST 68.59 FEET FROM THE NORTHEAST CORNER OF SAJD LOT. THE SIDELINES OF SAID STRIPS OF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AT THE SOUTHERLY LINE OF LOT 37 AND TO END ON THE EAST LINE OF SAID LOT 37. SHEET 2 OF 2 C.M.W.D. 90-G.48 "7 -1 36% PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT ) OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO i' ) Carlsbad Municipal Water District 1 5950 El Camino Real Carlsbad. California 92008 Space above this line for Recorderls use. Lot 37, Airport Business Center Unit 2 A.P.N. 212-092-1 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT ATTACHES AND SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this &#L day of ~LTOAE& I 192 by JACK D. MCCORMICK, as trustee of the McCormick Family trust dated January 20, 1982 hereinafter referred to as llOwner,ll owner of the land and CARLSBAD AIRPORT CENTRE, a California limited partnership hereinafter referred to as llBeneficiaryll; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Jack D. McCormick, as Trustee of the McCormick Family Trust dated January 20, 1982, did execute a deed of trust, (date none shown), to Stewart Title Company of San Diego as trustee, covering Lot 37, Airport Business Center Unit 2, CMWD Project No. 90-C-348 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 11288 filed NO FEE July 16, 1985, to secure a note in the the sum of $523,194.75 (date not shown) in favor of Carlsbad Airport Centre, a California limited partnership recorded in the office of the County Recorder of San Diego County on September 14, 1990 as File No. 90-584288 of Official Records/of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated &&g?-/ffO, in favor of the Carlsbad Municipal Water District as grantee herein referred to as llEasement Grantee," creating an Easement more particularly described in Exhibits A and B attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided the grant of Easement 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 created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing the grant of Easement 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 above referred to, it is hereby declared, understood and agreed as follows: 1. That said Easement 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 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 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 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 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 in favor of 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 is being executed and 3 .. . ~ .,..... , .. . . *- .. . 1369 delivered, the Easement is 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 in favor of Easement Grantee above referred to BENEFICIARY OWNER : CARLSBAD AIRPORT CENTRE, a JACK D. MCCORMICK, as Trustee California limited partnership of the McCormick Family Trust dated January 20, 1982 NAME & TITLE ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND 'THE SECRETARY OR OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD 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. SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS WITH RESPECT THERETO. must be attached. (Notarial acknowledgment of Jxecution by OWNER and BENEFICIARY CMWD 90-C-348 4 Notary Acknowledgement Lot 37, Airport Business Center Unit 2 State of California 1 County of 1 ss On this &day of , in the year 19&, before me, the undersigned, a notary public in and for said state, personally appeared JACK D. MCCORMICK, as trustee of the McCormick Family Trust dated January 20, 1982, personally known to me (or proved to me on the basis of satisfactory evidence) to be the this instrument, and acknowledged that he executed it. State of California ) ss County of San Diego 1 On this =73@ day of Oarnew , in the year 19 % , before me, the undersigned, a notary public in and for said County and State, personally appeared Dean Greenberg, known to me (or proved to me on the basis of satisfactory evidence) to be the President of Centre Development, a California corporation, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of CARLSBAD AIRPORT ASSOCIATES, a general partnership, and acknowledged to me that such partnership executed the same as the sole general partner of CARLSBAD AIRPORT CENTRE, a limited partnership, the partnership that executed the within instrument and acknowledged to me that such last named partnership executed the same. WITNESS my hand and official seal. (notary seal) - ,.,-, , ,,,r: ,.., :&-.~,>.+..L.~* ..,."..