HomeMy WebLinkAboutCMWD 93-C.412; Aviara Land Associates, LP; 1994-0528783; Easement1
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(192273 1303
PLEASE RECORD THIS DOCUMENT AT 1
NO FEE AS IT IS TO THE BENEFIT 1 3F THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND 1 #HEN RECORDED, PLEASE MAIL TO: )
1
1
Carlsbad Municipal Water District )
Engineering Department 1
5950 El Camino Real Carlsbad, California 92008 ! /;;
Space above this line for Recorder's use.
Assessor's Parcel No. 215-612-18
Project Name & 'No. Aviara Golf Training Buildinq
7350 Aviara Drive, CMWD 93-C.412
~~
DOCUMENTARY TRANSFER
TAX: None
CARLSBAD MUNICIPAL
WATER DISTRICT
Aletha L. Rautenkranz, Secretap Board of Directors
AVIARA LAND ASSOCEATES LIMITED PARTNERSHIP. A DELAWARE LIMITED
PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
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,
1 3/14/91 REV.
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I/ 1304
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 dkVices, alarms I lights I
and all other protective facilities and devices. The use shall
also includb 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.
2 3/14/91 REV.
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1305
LOCATION OF THE EASEMENT:
The easement granted herein sha 11 be located withir I an1
upon the properties more particularly described in Exhibit @@A@@ and
Exhibit aB*@ attached hereto and by this reference made a part
hereof.
GRANTOR: ~ ~ AVIARA LAND ASSOCIATES'LIMITED PARTNERSHIP.
A DELAWARE 'LIMITED PARTNERSRIP. FORMERLY ~ ~ ~~ PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
(name of grantor)
(title of signatory)
3y : (sign here)
(title of signatory)
APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL
wledgment of execution by GRANTOR must be attached.)
CMWD 93-C.412
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3/14/91 REV.
1306
State of
County of
On DATE before me, UU~L 6.6;iMj /t'&y @WL
personally appeared ?;+WAS c1 ty,~ MVD Tm i.
NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC'
/ NAMEIS) OF SIGNERIS)
dersonally known to me - OR - 0 proved to me on the basis of satisfactow evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require VKI Nobly to fill in the data below. doing so may prove invaiuaMe IO pmns miyng on me document. 0 INDIVIDUAL
0 PARTNER@) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
-
SIGNER IS REPRESENTING:
N E OF PERSONIS) OR ENTITYIIES)
Prn0&'4 L mmPd
3 OP~~NAIAECTION
THIS CERTIFICATE MUST BE ATTACHED TO TiTLE OR TYPE OF DOCUMENT - fib THE DOCUMENT DESCRIBED AT RIGHT
Though the dah requested here is not required by law, itcMl!d preventfrauduient reanachment of thisform. SIGNER@) OTHER THAN NAMED ABOVE-
NUMEEROF PAGES DATE OF DOCUMENT O@=
a1992 NATiONAL NOTARY ASSOCiATiON * 8238 Remmet Aw.. P.O. Box 7184 * Caw Park. CA 91-71
1307
SIGNATURE PAGE
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
a Delaware limited partnership
By: Republic Development Company
a California corporatiog&eneral Partner
Ted L. Hoover, Assistant Secretary
By: Aviara Land Companv
a Delaware
By:
Ted L. Hoover, Assistant Secretary
1308
CERTIFIUTION OF ACCEPTANCE OF DEED
This is to oertifv that the interest in realpmperty wnvcyed by the gmnt deed w easement,
dhd ?hP,/?g,f-. A DELAWARE LIMITED PARTNERSHIP. FORMERLY
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP.
PACIFI RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
~ ~~~
tothe~~badMunicipal WaterDistrict, Mbad,
Gzlgomia, a Municipal Water Dirtrid Act of 1911, as amen&4 is hemby aeceed by the
undersigned 0-r or agent on behalf of the Mbad Municipal Water District, -bad,
California, pursuant to authority mnfimd by Resolution NO.^ of the Mbad Mmicipal
Water Dis& aabpted on January 28,1992, and the me me& to memidian thereof by
itr duly authorized om.
CMWD 93-C.412
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1309
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 16451 IN CITY OF
CWBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON APRIL 15, lgg18 AS
FILE NO. 91-168677, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 8 OF SAID MAP, ALSO
BEING A POINT ON THE NORTHEASTEFGY SIDELINE OF AVIARA DRIVE AS
SHOWN ON SAID MAP, THENCE NORTH 24'31'00" WEST 0.83 FEET ALONG SAID
SIDELINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST
HAVING A IUDIUS OF 380.00 FEET; THENCE NORTHWESTERLY 54.73 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8'15810"; THENCE
TANGENT TO SAID CURVE NORTH 32.46'10" WEST 68.83 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
90.00 FEET: THENCE NORTHWESTERLY 25.95 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 16'31'20"; THENCE TANGENT TO SAID CURVE
NORTH 16.14'50" WEST 38.76 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SIDE LINE NORTH 57'13'50" EAST 20.26 FEET;
THENCE AT A RIGHT ANGLE, NORTH 32'46'10" WEST 25.00 FEET; THENCE AT
A RIGHT ANGLE AND ON A RADIAL LINE, SOUTH 57'13'50" WEST 15.00 FEET
TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
50.00 FEET, SAID POINT ALSO BEING ON THE AFOREMENTIONED SIDELINE;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND SIDELINE 14.42 FEET
THROUGH A CENTFUL ANGLE OF 16s31'20n; THENCE TANGENT TO SAID CURVE
SOUTH 16'14'50" EAST 11.24 FEET TO THE TRUE POINT OF BEGINNING.
1310
DATA TABLE
380. 00' 54. 73'
90. 00' 25. 95' NORTHWEST CORNER
N16'14' 50'W 38. 76' OF PARCEL 8
N57' 13' 50" E 20. 26'
N32' 46' 10" W 25. 00' 8 S57' 13' 50' W 15. 00'
9 A=ls031' 20" 50. 00' 14. 42'
S 16' 14' 50"E 11. 24'
EASEMENT PLAT PROJECT EXHIBIT
AVIARA GOLF LEARNING CENTER 93-c.4,2
CMWD B
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1311
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"_ Carlsbad Municipal Water District 1
5950 El Camino Real 1 Carlsbad, California 92006 ',., )
1' Space Wove this line for
Reco?Ser's use.
A.P.,N.,. .',215-612-18 CMWDNU. 93-C.412
, 1, SUBORDINATION- AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY EE~MING SUBJECT TO AN ESTATE IN TH5 REAL PROPERTY TO WHICH
AND HA8 THE POTENTIAL EFFECT OF YOUR SECURITY INSTRUHENT ATTACHES
REDUCING THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREWNT, made this 5- day Of AM6&sr fX
I
lg&by AvIARA LAND ASSOCIATES LIMITED PARTNERSHIP. a Delaware
(Trustor) Limited Partnershlp
hereinafter referred to as "Owner," owner of the land and FIRST INTERSTATE BANK OF CALIFORNIA, a California Corporation
(owner) hereinafter referred to as "Beneficiary1*, present owner and holder
of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, AVIARA LAND ASSOCIATES LIMITED PARTNERSHII
(Trustor) a Delaware Limited Partnership did execute a deed of
trust, dated December 20 , 1988 to First Interstate Bank of (Date) (Trustee) California, a California as trustee, covering-
a portion of Parcel 2 of Parcel Map No. 16451 in the City Of
corporation
Carlsbad I (Brief Legal Description)
(See Exhibit "A" E. "B" for Detailed Description)
1 3/26/91 REV.
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13s
to secure a note in the sum of One hundred twenty-five million
dollars//////////////(5 125.000.000.00 ) dated December 20 , (Lien Amount)
(Date) 1988, in favorof First Interstate Bank of California ' recorded
in the office of the County Recorder of San Diego County
on December 23. 1988 , as File No. 88-661636 of Official
Records of said county: and
(Beneficiary)
(County)
(Date Recorded) (F/P No.)
WHEREAS.; "Wner hak enkcuted, or is about to execute, as
grantor, a grant of EASmENT/EASEMENTS dated Februarv 28. 1994 , 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" & '3" 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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1314
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 unconditionihy be 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 mt' accept said
EASEMENT/EASmNTS above described without this subordination
agreement.
3. That this agreement shall be the whole' and only
agreement with regard to iihe 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/EASi&ENTS 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
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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 cornpan& 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
/d day of d,U$"S , 19B
Exec ted by the BENEFIC ARY this
BENEFICIARY:
FIRST INTERSTATE BANK OF
(title)
By :
"(adthorized signature)
Executed by the OWNER this - day of I 19-
OWNER:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited
By: See attached signature pap,e
Partnership
(authorized signature)
(title)
By : (authorized signature)
/p
(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
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1316
WITH RESPECT THERETO.
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
Approved as to form: /9. /d--=d, *&"-e &.%"e
Rbnald R. Ball, General Counsel
5 3/26/91 REV.
dpersonally known to me - OR - 0 proved to me on the basis of satisfactoty evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person@),
01W NATIONAL NOTARY ASSOCIATION * 8236 Remmel Am. P.O. Box 7184 Canqa Park, CA 91309-7184
- OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER
Thaugh StaMe does nn require the Notary lo
fill in the data below, doing so may prove
invaluable lo prsons relying on the document. 0 INDIVIDUAL
TITLE@) 0 PARTNER(S) 0 LIMITED n GENERAL 0 ATTORNEY-IN-FACT
-
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR 0 OTHER:
SIGNER IS REPRESENTING:
CALIFORNIA ALLPURPOSE ACKNOWLEWYLNT NO. 5193
OPTIONAL SECTION -
PACITY CLAIMED BY SIGNER
ugh smmte 6086 not require me Nolay lo
n the data below, doing so may prove
personally appeared
subscribed to the within instrument a ATTORNEY-IN-FACT
capacity(ies), and that by 4Wber/t
signature(s) on the instrument the perso
or the entity upon behalf of which
person(s) acted, executed the instrument
GUARDIAN/CONSERVATOR
NER IS REPRESENTING:
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT uhnr<lrhh UWwt
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE-
-
NUMBER OF PAGES- DATE OF DOCUMENT
alW NATIONAL NOTARY ASSOCIATION * 8236 Remmel Ave.. P.O. Box 7184 * CS- Park, CA 91309-7184
1318
SIGNATURE PAGE
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
a Delaware limited partnership
By: Republic Development Company
By: 'fed L. Hoover, Assistant Secretary
By: Aviara Land Company
Thomas P. Lyncflce President
Ted L. Hoover, Assistant Secretary
1319
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 16451 IN CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON APRIL 15, 1991, AS
FILE NO. 91-168677, MORE PARTICITUJULY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 8 OF SAID UAP, ALSO
BEING A POINT ON THE NORTHEASTERLY SIDELINE OF AVIARA DRIVE AS
SHOWN ON SAID W, THENCE NORTH 24'31'00" WEST 0.83 FEET ALONG SAID
SIDELINE TO THE BEGINNING OF A CURVE. CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 380.00 FEET; THENCE NORTHWESTERLY 54.73 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8.15'10"; THENCE
TANGENT TO SAID CURVE NORTH 32'46'10" WEST 68.83 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
90.00 FEET; THENCE NORTHWESTERLY 25.95 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 16'31'20"; THENCE TANGENT TO SAID CURVE
NORTH 16.14'50" WEST 38.76 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SIDE LINE NORTH 57.13'50' EAST 20.26 FEET;
THENCE AT A RIGHT ANGLE, NORTH 32'46,1On WEST 25.00 FEET; THENCE AT
A RIGHT ANGLE AND ON A RADIAL LINE, SOUTH 57'13'50" WEST 15.00 FEET
TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
50.00 FEET, SAID POINT ALSO BEING ON THE AFOREMENTIONED SIDELINE:
THENCE SOUTHEASTERLY ALONG SAID CURVE AND SIDELINE 14.42 FEET
THROUGH A CENTRAL ANGLE OF 16'31'20"; THENCE TANGENT TO SAID CURVE
SOUTH 16'14'50" EAST 11.24 FEET TO THE TRW POINT OF BEGINNING.
. .. '
., 1320
1"= 40'
DATA TABLE
NO. BEARINGDELTA RADIUS LENGTH
N24'31' 00"W 9 A=0' 15' 10' 300. 00' 54. 73' 3 N32' 46' 10" W 9 A=16'31'20' ' 90. 00' 25. 95' NORTHWEST CORNER
N16* 14' 50'W 38. 76' OF PARCEL 0
N57' 13' 50" E 20. 26'
N32' 46' 10" W 25. 00'
S57' 13' 50'W 15. 00'
5 A=16'31' 20' 50. 00' 14. 42'
S16' 14' 50'E 11. 24'
EASEMENT PLAT EXHIBIT PROJECT
AVIARA GOLF LEARNING CENTER 93-c.4,2 CMWD B
1321
APX SCALE
1- 12400'