HomeMy WebLinkAboutCT 74-21; Sea Lion Partners, LP; 1998-0552660; EasementRECORDING REQUESTED BY
Sea Lion Partners, L.P.
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real
Engineering Department
Carlsbad. California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
350
DOC # 1998-0552660
AuQ 319 1998 10-17 RM
FEES: 0.00 oc: Nll
I Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 209-082-06-00
Documentary transfer tax is $o.oO Project No. & Name Sea Lion Commercial Center
( ) computed on full value of property conveyed, or Lot 29, Carlsbad Tract 74-21. MaD No. 10372
( )computed on full value less value of liens and Carlsbad Oaks CAW0 98-?/0
( ) Unincorporated area: (x) City of Carlsbad , and
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION. CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged. &&/?P/-
Ld\L\O WILLIAM E. PLUMfdE< District Engineer
GRANT DEED OF WATER LINE EASEMENT
SEA LION PARTNERS, L.P., a California 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, 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
1 10/20/97 Rev.
351
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 shall also include a means of access to and
from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said
facility.
?
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings
and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the
Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or
incompatible with the uses described herein without the express written approval of the Grantee
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described
in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof.
Executed by the Grantor this - day of
19%
GRANTOR SEA LION PARTNERS, L.P., a California limited
partnership
(name of grantor)
By:
(sign here) fl
~~~~~ (title of signatory)
By: -
(sign here)
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
RONALD R. BALL. GENERAL COUNSEL
CMWD 98-210
10/20/97 Rev. 2
STATE OF CALIFORNIA 1
On ,.f. /qg' before me, (J DAT~
personally appeared
NAME(?$'* SIGNER@)
rsonally known to me - OR - 0 proved to me on the basis u o satisfactory evidence to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir 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.
(This area for official notary seal.)
SIGNATURE OF NOTARY
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
06/14/95 Rev.
EXHIBIT "A" 353
A PROPOSED WATERLINE EASEMENT LOCATED IN LOT 29 OF CARLSBAD TRACT NO. 74-
ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY
21. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING
RECORDER OF SAN DIEGO COUNTY APRIL 13,1982, BEING A STRIP OF LAND 20.00 FEET
DESCRIBED CENTERLINES:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 29, SAID CORNER BEING A
ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 60.00 FEET
POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SEA LION PLACE, SAID POINT
(A RADIAL LINE TO WHICH BEARS NORTH 54"06'00 WEST); THENCE NORTHEASTERLY
CENTRAL ANGLE OF 53"40'01" A DISTANCE OF 56.20 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID
TO AS POINT "A"; THENCE NORTH 88'59'47" WEST 28.71 FEET; THENCE NORTH
CENTERLINE, NORTH 4'37'27" WEST 18.91 FEET TO A POINT HEREINAFTER REFERRED
34°37'27" WEST 185.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B;
THENCE CONTINUING NORTH 34O37'27" WEST 211.08 FEET; THENCE NORTH 55"22'37"
EAST 106.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C-; THENCE
CONTINUING NORTH 55'22'37" EAST 2.00 FEET; THENCE SOUTH 79O37'23" EAST 90.01
FEET; THENCE SOUTH 34O37'23" EAST 139.73 FEET; THENCE SOUTH 58"37'23" EAST 7.61
SOUTH 58"37'23" EAST 175.49 FEET; THENCE SOUTH 34O37'23 EAST 66.43 FEET;
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING
THENCE SOUTH 5436'58" WEST 91.08 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "E"; THENCE CONTINUING SOUTH 54"56'58" WEST 103.65 FEET; THENCE
NORTH 88"59'47" WEST 43.43 FEET TO THE HEREINABOVE MENTIONED POINT "A".
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS AND LOT LINES.
ALSO: BEGINNING AT ABOVE MENTIONED POINT "8"; THENCE SOUTH 55"22'33" WEST
AND EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A
18.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 34%"' WEST
17.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 31"22'37" EAST
18.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "E; THENCE SOUTH 35'03'02" EAST
18.00 FEET TO A POINT OF TERMINATION.
354 i
355
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
August 4 , 1998, from SEA LION PARTNERS. L.P.. a California limited DartnershiD to
the Carlsbad Municipal Water District, Carlsbad. California, pursuant to the Municipal Water District Act
of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad
Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the
Carlsbad Municipal Water District adopted on September 9. 1997, and the grantee consents to
recordation thereof by its duly authorized officer.
DATED: August 17, 1998
CMWD 98-210
- ALETHA L. R~I~TENKRANZ, Secretary \
11/03/97 Rev.
1.
'- . DOC # 1998-0552661
RECORDING REQUESTED BY
Sea Lion Partners, L.P. I FEES: 0.00 I
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
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.
ASSESSOR'S PARCEL NO. 209-082-06-00
PROJECT NO. & NAME: 98-210 Sea Lion Commercial
Center, Lot 29, Carlsbad Tract 74-21. Mar, No. 10372
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this& day of + -19" % by SEA LION PARTNERS. L.P.. a
California limited DartnerShiD, owner of the land described and hereinafter referred to as "Owner," GROSSMONT
BANK, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;"
u
WITNESSETH
THAT WHEREAS, SEA LION PARTNERS, L.P., a California limited DartnershiD did execute a deed of trust,
dated November 19. 1991 to GROSSMONT BANK as trustee, to secure a note in the sum of Two Million. Five
10/20/97 Rev.
357
'Hundred Thousand Dollars ($2.500.000.00) dated November 19.1997 in favor of GROSSMONT BANK recorded in the
office of the County Recorder of San Diego County on November 25.1997 as File No. 1997-0598403 of Official Records
of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated
wq!\qqt 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 EXHlBlTlEXHlBlTS "A & "E"
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENTlEASEMENTS 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
EASEMENTlEASEMENTS 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 EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and
agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and
remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust
above mentioned.
2. That Easement Grantee would not accept said EASEMENTlEASEMENTS 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
2 10/20/97 Rev.
.. , 358
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
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3 10120197 Rev.
359
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 EASEMENTlEASEMENTS in favor of
Easement Grantee above referred to:
Ex= 19 this *day of
BENEFICIARY:
GROSSMONT BANK
By:
\ (authorized signature)
Its: d\Ct ?eGtbT
(title)
By: #&GL" (authorized signature)
(title)
this 4e day of-
OWNER:
SEA LION PARTNERS, L.P., a California limited
DartnershiD il" -
By:
(authorized signature) /
(name) W
(title)
By:
(authorized signature)
z
(name)
Its:
(title)
(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
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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 AlTORNEYS WITH RESPECT THERETO.
Approved as to form:
RONALD R. BALL, General Counsel
By: CMWD 98-210
10/20/97 Rev. 4
360
STATE OF CALIFORNIA 1 .
COUNTY OF lC=?X r\
personally appeared NAME@) OF ?,fqNER(S)
i,
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir 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.
- SIGNATURE OF NOfARY
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 98-210
06/14/95 Rev.
361
STATE OF CALIFORNIA 1
COUNTY OF o i ss.
$fpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) )#/& subscribed to the within instrument and acknowledged to me that executed the same in
hiJker/ hei authorized capacity(ies). and that by hieher/@ signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument,
0
WITNESS my hand and official seal.
(This area for official notary seat.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
06/14/95 Rev.
EXHIBIT "A" 362
A PROPOSED WATERLINE EASEMENT LOCATED IN LOT 29 OF CARLSBAD TRACT NO. 74-
ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNN
21, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING RECORDER OF SAN DIEGO COUNTYAPRIL 13, 1982. BEING A STRIP OF LAND 20.00 FEET
DESCRIBED CENTERLINES:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 29, SAID CORNER BEING A
ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 60.00 FEET
(A RADIAL LINE TO WHICH BEARS NORTH 54"0600" WEST); THENCE NORTHEASTERLY
CENTRAL ANGLE OF 53"40'01" A DISTANCE OF 56.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID
TO AS POINT "A"; THENCE NORTH 88O59'47" WEST 28.71 FEET; THENCE NORTH
CENTERLINE, NORTH 4"37'27" WEST 18.91 FEET TO A POINT HEREINAFTER REFERRED
34O37'27" WEST 185.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "8";
THENCE CONTINUING NORTH 34O37'27" WEST 21 1.08 FEET; THENCE NORTH 55O22'37"
EAST 106.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE
CONTINUING NORTH 55O22'37" EAST 2.00 FEET: THENCE SOUTH 79O37'23" EAST 90.01
FEET; THENCE SOUTH 34O37'23" EAST 139.73 FEET; THENCE SOUTH 58"37'23" EAST 7.61
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING
SOUTH 58037'23" EAST 175.49 FEET; THENCE SOUTH 34"37'23 EAST 66.43 FEET;
AS POINT "E"; THENCE CONTINUING SOUTH 545658 WEST 103.65 FEET; THENCE
THENCE SOUTH SO5658 WEST 91.08 FEET TO A POINT HEREINAFTER REFERRED TO
NORTH 8839'47" WEST 43.43 FEET TO THE HEREINABOVE MENTIONED P0INT"A".
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS AND LOT LINES.
ALSO BEGINNING AT ABOVE MENTIONED POINT "8"; THENCE SOUTH 55"22'33" WEST
POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SEA LION PLACE, SAID POINT
AND EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A
18.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 34"37'23" WEST 17.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 31"22'37" EAST
18.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "E; THENCE S" 35"0302 EAST
18.00 FEET TO A POINT OF TERMIUATION.
363 i