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HomeMy WebLinkAboutCMWD 95-402; REAL ESTATE COLLATERAL MANAGEMENT COMPANY; 1997-0605498; EasementT 1 I -9 P. h- k Y f llllll 1111' iidll ll~~~~jll~1ll!llllll1 Ilill Ill1 111 WqP 'Q -a! Le "-~~p -6 i ;=f =- I*-! $ ."- I&- $3 C7G .REZORDING REQUESTED BY 'I jJi&b * $i, ,i>P g ~qJ%J,J+yQ Redl Estdte Collateral Management Company I, EIEC ,ox 3 "997 3 :: 33- E-8 t" - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 1200 'f"' Ur 1- lCiiiL F;.Et.,R;;I I "q"y $#I IIIEGi] ZQupjT? @i:!'$DER'$ fiFFi& i;W&j~# ,In #IT& Cflf&T'f REC&;DW FEES: QJQ u!; : NA " MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 213-030-1 1,215-031 -8 Documentary transfer tax is $ 0.00 Project No. & Name 95-402, Poinsettia Sewaqe ( ) computed on full value of property conveyed, or Lift Station - 86-502, Ranch Carrillo ( ) 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, CITY OF CARLSBAD receipt of which is hereby acknowledged. -" - WILLIAM E. PLUMMER, District Engineer GRANT DEED FOR FEE SIMPLE PARCEL, APPURTENANT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, the following described fee simple parcel and an appurtenant easement. Purpose: The parcel granted in fee simple is granted for the construction maintenance and operation of a sewer pump station. The appurtenant easement granted herein shall be granted for the following purposes: the grading, erosion control, slope stabilization, over excavation, recompaction, access, construction, operation, repair, maintenance, inspection, reconstruction and all activities necessary to grade, control erosion, stabilize slopes, excavate, recompact, construct, operate, repair, maintain, inspect and reconstruct facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all wastewater, including surface water, stream water, flood water and ground 1 02/11/97 Rev. Q$==& -.-, 4 i .,a& 1 1 , , - .. 7 0 120i@ -. water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or belovd the surface of the ground. , Said facility may include pipelines, pumping facilities, structures designed to control the flow of wastewater 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 not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use of the appurtenant easement shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facilities. The construction easement shall be granted for the same purposes as the appurtenant easement and shall expire pursuant to the terms described herein. The uses described herein shall be exclusive to the Grantee and to other agencies and entities designated in writing by Grantee, except as to Grantor’s express reservation of the right to enter the fee simple parcel, as described on Exhibits “A” and “B,” and the appurtenant easement for the purpose of grading construction, landscaping, laying of pipes andlor other activities associated with the development of Grantor’s land so long as such uses so reserved to Grantor do not conflict with the easement granted herein. Grantor further agrees that no buildings andlor 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 FEE SIMPLE PARCEL: The parcel granted by Grantor in fee simple is particularly described as “Parcel B” in Exhibits “A” and “B attached hereto and by this reference made a part hereof. LOCATION OF APPURTENANT EASEMENT: The appurtenant easement granted herein shall be located within and upon the properties more particularly described as “Parcel A-I” in Exhibits “A” and “B attached hereto and by this reference made a part hereof. The easement granted herein shall terminate upon the dedication by Grantor of the right of way to the City of Carlsbad for Poinsettia Lane and upon relocation by Grantor of Grantee’s facilities within the easement herein granted which exist at the time of termination of said easement. Ill Ill Ill Ill If I Ill 2 0211 1 I97 Rev. I . .I r 0 lZO* LOCATION OF CONSTRUCTION EASEMENT: The construction easement granted herein shall be located within and upon the properties more particularly described in “Parcel A-2” in Exhibits “A” and “B attached hereto and by this reference made a part hereof. The easement granted herein is temporary and shall terminate on December 31, 1998. Executed by the Grantor this / b day of Gvr , 19q-J. GRANTOR REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation (tide of signatory) By: 48.L A&../J 0 (sign here) &.+ w p&? -4 ‘3 &Ji” (title of signatory) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By: L. fP c (Notari Ld acknowledgement of execution of GRANTOR must be attached.) CMWD 95-402 - 86-502 3 02/11 /97 Rev. ' . *( e e 1203 J-1 1994 EXHIBIT "A" Parcel A-1 An easement being a portion of Parcel 3 of Parcel Map No. 1 188 in the City of Carlsbad on file in the Office of the County Recorder of San Diego County, State of California described as follows: A 15.00 foot strip of land being 5.00 feet Northerly and Easterly measured at right angles, and 10.00 feet Southerly and Westerly measured at right angles to the following described line: Beginning at the Northeast corner of said Parcel 3; thence South 00'41'30" West along the East line of said Parcel (South 00'42'03" West per record) 425.45 feet to the TRUE POINT OF BEGINNING, lying 5.00 feet Southerly of the Southerly side line of that certain easement recorded January 27, 1969 as Document No. 15564, said point also being the beginning of a non-tangent 1005.00 foot radius curve concave Southeasterly, to which a radial line bears North 07'58'40" West; thence along a line that is 5.00 feet Southerly and Westerly measured at right angles and parallel and concentric with the Southerly and Westerly side lines of said Easement the following courses: Southwesterly along the arc of said curve through a central angle of 15'1 4'1 6" a distance of 267.28 feet; thence South 66'47'04" West 590.67 feet to the beginning of a tangent 4005.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 06'47'55" a distance of 475.23 feet; thence South 59'59'09" West 484.00 feet to a point herein described as Point "A". The sidelines of said 1 5.00 foot strip of land shall begin on the East line of said parcel 3 and shall end at right angles through the above described Point "A". Parcel A-2 Construction Easement Beginning at the above described Point "A"; thence South 30'00'51 " East 10.00 feet to the TRUE POINT OF BEGINNING; thence North 59'59'09'' East 36.06 feet; thence South 26'1 7'45" West 90.22 feet; thence South 18'42'1 5" East 99.96 feet; thence South 75'35'08'' West 224.89 feet; thence North 1 1 '1 7'1 8" West 92.48 feet; thence North 59'59'09" East 21.1 2 feet; thence South 1 1'1 7'1 8" East 78.1 4 feet; thence North 75'35'08" East 182.21 feet; thence North 18'42'1 5" West 86.68 feet; thence North 26'1 7'45'' East 68.51 feet to the TRUE POINT OF BEGINNING. Page 1 of 4 CMWD 86-502 c *. e e 1204 EXHIBIT "A" Parcel B (Fee) A parcet of land being a portion of said Parcel 3 of Parcel Map No. 1 188 beginning at the above described Point "A"; thence South 30'00'51 I' East 10.00 feet; thence South 26'1 7'45" West 68.51 feet; thence South 18'42'1 5" East 86.68 feet; thence South 75'35'08" West 182.21 feet; thence North 11 '1 7'1 8" West 78.1 4 feet; thence North 30'00'51 " West 15.00 feet; thence North 59'59'09" East 224.42 feet; thence South 30'00'51 I' East 5.00 feet to the POINT OF BEGINNING. Reserving therefrom an easement described as follows: Beginning at the Southeast corner of the above described Parcel "B"; thence along the Southerly line thereof South 75'35'08'' West 182.21 feet to the Southwesterly corner of said Parcel "B"; thence North 1 1 " 1 7'1 8" West along the Westerly line thereof 68.61 feet; thence leaving said line North 77'50'36" East 18.50 feet; thence South 27'58'25" East 64.58 feet; thence North 75'35'08" East 105.57 feet; thence North 01 "45'10" West 72.75 feet; thence North 75'04'46" East 17.62 feet to a point on the Easterly line of said Parcel "B"; thence South 18'42'1 5" East along said Easterly line 76.35 feet to the Point of Beginning. &AB Robert G. Schoettmer L.S. 4324 jb/l1994.015 Page 2 of 4 CMWD 86-502 APN 2f3-lx" /f NOT TO SCALE APN 2H- 03l - 8 "" UT TotlwSlRATE LEGAL ~WlloW ff PARC€L A- I "lO*D,Ullr,t*UIm (SEWER EASEMENT) CMWD 86-302 1 ""-LC- " 11991 u IF= 400' I DATE 11-22-96 h a 0 €XHIBIT "BN WlElT 'A' %eP" A- = N 3O400'51'W - l5.00' PARC,€L 3 EM, N3. Jl3a \ I $$I' 1221 1 q -T NOT TO SCALE It GMWD 86 - 502 SHEET 4 OF 4 SHEETS 1 PLA1.m IeWsbRATE LEWL "" """ (c-.. EASEMENT.) AND m2eI*LAm(16*bl"le.ArNo PMICEL 8 (FEE PARCEL)CNwD86-542 I" 1'w #ESCR19tKm OF ML A-2 I ecnLE IN= 40 1 DATE 11-a-96 I .. 't e 0 ACKNOWLEDGEMENT 1207 STATE OF CALIFORNIA 1 COUNTY OF San Diego ) ss. ON September 16, 1997 , BEFORE ME Paul J. Tozzi PERSONALLY APPEARED James MI Jackson and Michael C. Davis A NOTARY PUBLIC, , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDEETCE) TO BE THE PERSON(S) WHOSE NAME (S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXEClJ"ED THE SAME IN HIS/HER/THEIR "IORIZED 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. WITNESS MY HAND AND OFFICIAL SEAL. n ddz (77 Fm+: NOTARY PUBLIC IN AND (SEAL) .< *I q " a 0 1208 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated September 16, 1997, 1997, from REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corgoration, to the City of Carlsbad, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: // - 122, - 3 #?a I. ALETHA L. RAUTENKRANP, City Clerk CMWD 95-402 - 86-502 1 1 /03/97 Rev. ”I””’ \if-) c $/if( Uj.1 d t ”C”YK d 0 7 <* , ? , ;# A ~~~~~~~l~ll~l~~~~~ll~llll~lll~lll~~~ P L! 9 ,- 1 l7 c?K3e-$-lf= J i -uaiiuddbiuu n~E-nf-~ f DEB", 03-91 1 c#qT / - 3: 34 p pi RECORDING REQUESTED BY Real Estate Collateral Management Company 1218 CiFFICIAL REPJRBS SA)! DIE1:;g COUWf'i REC@$:BER'S OFFICE i;R:&ORY J. $A#+F COUNTY RECORDER FEES: 5 i) , r. 1" \j AND WHEN RECORDED, PLEASE MAIL TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the City (Gov. Code [6103].) 'j:; I' i I Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 213-030-11,215-031-8 PROJECT NO. & NAME: 95-402, Poinsettia Sewaae Lift Station - 86-502. Rancho Carrillo / SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) 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 hifi day of 5r"P~MBgfi ,19=, by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation owner of the land described and hereinafter referred to as * BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation, formerly Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, also formerly known as Continental Bank, N.A., a National "Owner," and Bankina Association , present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH THAT WHEREAS, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation did *BANK OF AMERICA NT&SA, a national banking association, SuccessQr by merger to 04/28/97 Rev. :; n 3 w. xi I 0 e " " 1213 eiecute a deed of trust, dated November 5,1988 to FIRST AMERICAN TITLE INSURANCE COMPANY as trustee, covering (not shown), to secure a note in the sum of One Hundred Fiftv Million Dollars * BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation, formerly Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, also formerly known as Continental Bank, N.A., a National ~$150.000,000.00 ) dated November 5.1988 in favor of Bankina Association recorded in the office of the County Recorder of San Diego County on November 17.1988 as File No. 88-592631 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated v/f,,9.7 .. , in favor of the City of Carlsbad as grantee, hereinafter referred to as "Easement Grantee," creating AN/THE EASEMENTlEASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A" & "B" attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTlEASEMENTS provided the grant of EASEMENnEASEMENTS 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 EASEMENTlEASEMENTS 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, 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 EASEMENTlEASEMENTS 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 EASEMENTlEASEMENTS above described without this *BANK OF AMERICA NT&SA, a national banking association, successor by merger to 04128197 Rev. I' 0 e .. r 1220 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 EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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. I (We) consent to and approve the grant of EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS ISIARE 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 Ill Ill Ill Ill Ill Ill IIJ Ill Ill Ill 04t2at97 Rev. r m 0 1221 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 this ib day of '%? , 19%"1 . Executed this \ k.? day of epq< - I ,1957 . BENEFICIARY* BANK OF AMERICA, ILLINOIS, an OWNER: Illinois Banking Corporation, formerly Continental REAL ESTATE COLLATERAL MANAGEMENT Illinois National Bank and Trust Company of COMPANY, DELAWARE CORPORATION Chicago, a National Banking Association, also formerly known as Continental Bank, N.A., a National Banking Associ tio 44A /=? m# * -.-a (J (name) 1 ?J (name) Its: dip' dl 8. 1 (title) I (title) By: ~--&$2,Jdfqy~4/y~, - -L By: /bA:&$?$b// L (authorized signature) (authorized signature) & lLf+?flL IC" $4,y" /4[c++CL e3" 33Qf (name) (name) its: [/$ ,/? L?$Q? (title) (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 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, City Attorney v CMWD 95-402 - 86-502 *BANK OF AMERICA NT&SA, a national banking association, successor by merger to 04128197 Rev. ,. 0 J-11994 1222 EXHIBIT "A" Parcel A-I An easement being a portion of Parcel 3 of Parcel Map No. 1 188 in the City of Carlsbad on file in the Office of the County Recorder of San Diego County, State of California described as follows: A 15.00 foot strip of land being 5.00 feet Northerly and Easterly measured at right angles, and 10.00 feet Southerly and Westerly measured at right angles to the following described line: Beginning at the Northeast corner of said Parcel 3; thence South 00'41 '30" West along the East line of said Parcel (South 00'42'03" West per record) 425.45 feet to the TRUE POINT OF BEGINNING, lying 5.00 feet Southerly of the Southerly side line of that certain easement recorded January 27, 1969 as Document No. 15564, said point also being the beginning of a non-tangent 1005.00 foot radius curve concave Southeasterly, to which a radial line bears North 07'58'40" West; thence along a line that is 5.00 feet Southerly and Westerly measured at right angles and parallel and concentric with the Southerly and Westerly side lines of said Easement the following courses: Southwesterly along the' arc of said curve through a central angle of 15'14'1 6" a distance of 267.28 feet; thence South 66'47'04" West 590.67 feet to the beginning of a tangent 4005.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 06'47'55" a distance of 475.23 feet; thence South 59'59'09'' West 484.00 feet to a point herein described as Point "A". The sidelines of said 15.00 foot strip of land shall begin on the East line of said parcel 3 and shall end at right angles through the above described Point "A". Parcel A-2 Construction Easement Beginning at the above described Point "A"; thence South 30'00'51 " East 10.00 feet to the TRUE POINT OF BEGINNING; thence North 59'59'09" East 36.06 feet; thence South 26'1 7'45" West 90.22 feet; thence South 18'42'15" East 99.96 feet; thence South 75'35'08" West 224.89 feet; thence North 1 1'1 7'1 8" West 92.48 feet; thence North 59'59'09'' East 21.1 2 feet; thence South 11 '1 7'1 8" East 78.1 4 feet; thence North 75'35'08" East 182.21 feet; thence North 18'42'1 5" West 86.68 feet; thence North 26'1 7'45" East 68.51 feet to the TRUE POINT OF BEGINNING. Page 1 of 4 CMWD 86-502 0 EXHIBIT "A" 0 1223 Parcel B (Fee) A parcel of land being a portion of said Parcel 3 of Parcel Map No. 1 188 beginning at the above described Point "A"; thence South 30"00'51 " East 10.00 feet; thence South 26" 17'45" West 68.51 feet; thence South 18'42'1 5" East 86.68 feet; thence South 75'35'08'' West 182.21 feet; thence North 1 l"17'18" West 78.1 4 feet; thence North 30'00'5 1 " West 15.00 feet; thence North 59'59'09" East 224.42 feet; thence South 30"00'51" East 5.00 feet to the POINT OF BEGINNING. Reserving therefrom an easement described as follows: Beginning at the Southeast corner of the above described Parcel "B"; thence along the Southerly line thereof South 75"35'08" West 182.21 feet to the Southwesterly corner of said Parcel "B"; thence North 1 1 " 17'1 8" West along the Westerly line thereof 68.61 feet; thence leaving said line North 77"50'36" East 18.50 feet; thence South 27"58'25" East 64.58 feet; thence North 75"35'08" East 105.57 feet; thence North 01 "45'1 0" West 72.75 feet; thence North 75'04'46'' East 17.62 feet to a point on the Easterly line of said Parcel "B"; thence South 18"42'15" East along said Easterly line 76.35 feet to the Point of Beginning. &A& Robert G. Schoettmer L.S. 4324 jb/ll994.015 Page 2 of 4 CMWD 86-502 .,. 0 EXWIT " 6" ,RQR ', 0 , NECOR rfi+rmA". &ST CM 1224 9%- N#%#! (-1 i As 8'14'k: bfi-Lkz# r( m5 if ip ;f - A-l NMYBS* Rt #zsco$--*' I 1 L. dB. w '\ '. '1 1 '\ . dlEE-2 1' / APN 213-W- ff NOT TO SCALE APN 2M- 031 - 8 CMWD 86-502. SHEET3 CF 4sHEETs r "" PLAT rO-tcW!3TRAE LEGAL ""-u- O€SCRWTlM CF PARCEL A-l 8cALE IC= 460' I DATE 11-22-96 a r (SEWER EASEMENT) CMWD 86-362 ~RY*I)~,~~,u~QIIO Rts18cT - 11994 1 64 I I gfl' F4 NOT TO SCALE I1 GMWD 86 - 502 SHEET 4 OF 4 SXEfTS f 1 OCAT.TO IWsbRArr LEOAL m"" blESCRIPTW OF -1 A-2 0NL""LuUeyII (C- EASEM€NTJ AND suo~.~,tyomao,e~~m BCIILE I"= a I DATE 11-22-96 L Wca 8 (FEE PARC€L)CNwDIw-so2 1- - 11994 I , /.I 0 0 ., * . 4- I 4 I- ACKNOWLEDGEMENT 1226 STATE OF CALIFORNIA 1 COUNTY OF San Diego 1 ss. ON September 16, 1997 , BEFORE ME Paul J- Tozzi A NOTARY PUBLIC, PERSONALLY APPEARED James M. Jackson and Michael C. Davis , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES1 , AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSIWJ”ENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. /.’ ?&r- cw* NOTARY PUBLIC IN AND&Od SAID STATE (SEAL) 0 0 .~ .. '. . \" .. ,.. b.. .:*,.r,.. ,. ~, . . .~.,8 " : .. . .. ~~,-~.-~~.-~.~..-~~~"',"-.. "+,__.-______,__ I: iziz,;;g 23',:;[,3 pdiC;;,j;;;'j :<'.;E ::-,". t.2 i .. ?: *. muru..*.r.L... ...... " ~... ", .=. I .: .==... __ ', ). i pGT :: . . .. !, > 4m-r : .. : 01 . .' ,- ',.,.! 8 L'i y-& , 7 I: /" x. < I’ e. *I c ~~l~ll~ll~~~~~ll~~l~~~~~~~~~ q a L qqpfB-4 a= 5‘ I “~JU~dJ R.IL\ jb&LJq ‘” P 2% “a- I- $? -- I, DEE= 0x3 1997 3: 34 PPI RECORDING REQUESTED BY Real Estate Collateral Management Company AND WHEN RECORDED, PLEASE MAIL TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Car1sbad;California 92008 Please record the document at no fee as it is to the benefit of the City (Gov. Code [6103].) L 1209 OiFfLIFil REl2fl@S SA^ DIEGti COUMT’I RECGRDER’S CFFICE GREGfiffY J. FjITH, CllLlHTY RECORDER FEES: O“$,j Space above this line for Recorder’s use. ASSESSOR’S PARCEL NO. 213-030-11,215-031-8 PROJECT NO. & NAME: 95-402. Poinsettia Sewaue Lift Station - 86-502. Rancho Carrillo ~~~~~ SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) 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 bk day of si5PENgER ,1997, by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corDoration owner of the land described and hereinafter referred to as * BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation, formerly Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, also formerly known as Continental Bank, N.A., a National “Owner,” and Bankinq Association , present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corDoration did 04/28/97 Rev. *BANK OF AMERICA NT&SA, a national banking association, successor by merger to I .v * .I .. 1. .I 0 e 12io execute a deed of trust, dated Februarv 25 , 1993 to FIRST AMERICAN TITLE INSURANCE COMPANY as trustee, covering (not shown), to secure a note in thz sum of Three Million Dollars BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation, formerly Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, also formerly known as Continental Bank, N.A., a National ~$3,000,000.00 ) dated Februarv 25,1993 in favor of Bankina Association recorded in the office of the County Recorder of San Diego County on March 4,1993 as File No. 1993-0139619 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated 4//;/9.7 , in favor of the City of Csrlsbad as grantee, hereinafter referred to as “Easement Grantee,” creating AN/THE EASEMENTlEASEMENTS more particularly described in EXHIBITlEXHIBITS “A” & “B” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTlEASEMENTS provided the grant of EASEMENTIEASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENTlEASEMENTS 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/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENTlEASEMENTS 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. *BANK OF AMERICA NT&SA, a national banking association, successor by merger to 04/28/97 Rev. I, .. t. -< 0 0 1211 *L 2. That Easement Grantee would not accept said EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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. I (We) consent to and approve the grant of EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS 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 Ill Ill Ill Ill Ill Ill Ill 111 Ill 04128197 Rev. ,A .* ' *. 0 0 1212 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to: Executed this 5b day of rqc ,19Tl . Executed this h day of .W c4 t+f f ,1947 . BENEFICIARY:" BANK OF AMERICA, ILLINOIS, an Illinois Banking Corporation, formerly Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, also formerly known as Continental Bank, N.A., a National Banking Association %n By: Its: !JJ \7* B (title) .I By: (authorized signature) &( .c*4 c, .b.+-diJ' REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation By: 4 4- /&A A;q/ (authorized signature) &$.C+Yp9- c- >e-" (name) (name) L/.p L Its: /,. /* (title) (title) OWNER: (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 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, City Attorney NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST CMWD 95-402 - 86-502 *BANK OF AMERICA NT&SA, a national banking association, successor by merger to 04/28/97 Rev. ,I -. 1, 0 a -. J-1 1 994 1213 EXHIBIT "A" Parcel A-1 An easement being a portion of Parcel 3 of Parcel Map No. 1 188 in the City of Carlsbad on file in the Office of the County Recorder of San Diego County, State of California described as follows: A 15.00 foot strip of land being 5.00 feet Northerly and Easterly measured at right angles, and 10.00 feet Southerly and Westerly measured at right angles to the following described line: Beginning at the Northeast corner of said Parcel 3; thence South 00'41 '30" West along the East line of said Parcel (South 00'42'03" West per record) 425.45 feet to the TRUE POINT OF BEGINNING, lying 5.00 feet Southerly of the Southerly side line of that certain easement recorded January 27, 1969 as Document No. 15564, said point also being the beginning of a non-tangent 1005.00 foot radius curve concave Southeasterly, to which a radial line bears North 07'58'40" West; thence along a line that is 5.00 feet Southerly and Westerly measured at right angles and parallel and concentric with the Southerly and Westerly side lines of said Easement the following courses: Southwesterly along the arc of said curve through a central angle of 15'14'16" a distance of 267.28 feet; thence South 66'47'04" West 590.67 feet to the beginning of a tangent 4005.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 06"47'55" a distance of 475.23 feet; thence South 59'59'09" West 484.00 feet to a point herein described as Point "A". The sidelines of said 15.00 foot strip of land shall begin on the East line of said parcel 3 and shall end at right angles through the above described Point "A". Parcel A-2 Construction Easement Beginning at the above described Point "A"; thence South 30'00'51 " East 10.00 feet to the TRUE POINT OF BEGINNING; thence North 59'59'09" East 36.06 feet; thence South 26'1 7'45'' West 90.22 feet; thence South 18'42'15'' East 99.96 feet; thence South 75'35'08" West 224.89 feet; thence North 1 l"17'18" West 92.48 feet; thence North 59O59'09'' East 21.1 2 feet; thence South 1 1'17'18" East 78.1 4 feet; thence North 75'35'08" East 182.21 feet; thence North 18'42'1 5" West 86.68 feet; thence North 26' 17'45" East 68.5 1 feet to the TRUE POINT OF BEGINNING. Page 1 of 4 CMWD 86-502 .* - .. 5 e 0 1214 EXHIBIT "A" Parcel B (Feel A parcel of land being a portion of said Parcel 3 of Parcel Map No. 1 188 beginning at the above described Point "A"; thence South 30'00'51" East 10.00 feet; thence South 26'1 7'45" West 68.51 feet; thence South 18"42'15" East 86.68 feet; thence South 75'35'08" West 182.21 feet; thence North 11 "1 7'18" West 78.14 feet; thence North 30°00'51 " West 15.00 feet; thence North 59'59'09'' East 224.42 feet; thence South 30'00'51 " East 5.00 feet to the POINT OF BEGINNING. Reserving therefrom an easement described as follows: Beginning at the Southeast corner of the above described Parcel "B"; thence along the Southerly line thereof South 75"35'08" West 182.21 feet to the Southwesterly corner of said Parcel "B"; thence North 1 1 O 17'1 8" West along the Westerly line thereof 68.61 feet; thence leaving said line North 77'50'36" East 18.50 feet; thence South 27'58'25" East 64.58 feet; thence North 75'35'08" East 105.57 feet; thence North 01 "45'10" West 72.75 feet; thence North 75'04'46'' East 17.62 feet to a point on the Easterly line of said Parcel "B"; thence South 18'42'1 5" East along said Easterly line 76.35 feet to the Point of Beginning. &J& Robert G. Schoettmer L.S. 4324 jblllS94.015 Page 2 of 4 CMWD 86-502 ', v * @ EXWIT " B" * ma * N€WR .="-&$$N-/ ws7 LAC fUJ 121.5 b($:E%v if! ' &* 8"'ry;: kl." v / /" FwRcfl A-l NMYrnS', L. 4?5 ZY '\ R. Qc#zm J-4'' I 1 \ \ I.. \\ P-L 3 1 APN 2/3-Ixu)- /I NOT TO SCALE APN P15- 031 - 8 CMWD 66-502 SHEET3 W 4sHEETs t "" )LA1 1D USTRATE LEOAL "".R'" #3cFltQT1W Of PARCLL A- I (SEWER EASEMENT) CMWD 86-302 "~,8"*CA~IlO I " 11994 83ALE 1'. 400' I w J -rr 11-22-96 ** I .- fl 4 c ,. 1 * EXHIBIT "6" e I, 1216 - PARCEL A-l " rmd. ?&ReL A-2 PARCEL 3 EM. N3. 1139 NOT TO SCALE I1 GMWD 86 - 582 SHEET 4 OF 4 SHEETS - I UT TO ILLUSTRATE LEGAL ESCRIPl" OF WL A-2 c#cK" (cm EASEMENTI AND """ ~IIcI#l-~,W~,eA#l(o r PARCEL B (FEE PARCEL)CkrmOU6-502 h-7 11984 2 BCALE I.= 40 I OAT€ 11-22-96 I '. L- ' a. ,*, , 0 @ v' ACKNOWLEDGE" 1217 STATE OF CALIFORNIA 1 COUNTY OF San Diego 1 ss. ON September 16, 1997 , BEFORE ME Paul J. Tozzi A NOTARY PUBLIC, PERSONALLY APPEARED James M. Jackson and Michael C- Davis , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SAT'ISFAcTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME (S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) r OR THE ENTITY UPON BEHALF OF WHICH THE PERsoN(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AM) OFFICIAL SEAL. - 8.r 1 / &d2. ' / IN AND, y- F SAID STATE /F ' NOTARY PUBLIC " I" ." .~~ SANDIEQOCOUNTV ~... z 1 COW. # 1107820 c NOTARY PUBLIC CALlFORNlA 3 (SEAL) @ 0 ,A 1' , t . , . .. . , . . . -I .".." ,( c'?cr'~''.,,~..,~.;~.., :. ,,A', .c.A.",,,; ,. , ~ . ,;.,a . .. _...., . . %. . .. ~ s ~ .'X I. . , .;,;;:;; ;;;>!$ : ,. '( -&& 23; ".' ~.. .. , ;,. ,,,! ,;;..j >:. :.? .' , . .a 2: i. .) '* . "$.%.s , .%I. 1,' r 2% c- 6;' , L . , .&".X,$. ; .,., 3 ,,r !.... 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