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HomeMy WebLinkAboutCT 74-21; Sea Lion Partners, LP; 1998-0832217; Easement- . 002315 RECORDING 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 'f Please record the document at no @@ fee as it is to the benefit of the District (Gov. Code [6103].) L 177 DOC # 1998-0832217 Dec 18. 1998 3-35 Pt4 DmCIAL REm ms: 0.M Dc: t# Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 209-08206-00 ( ) computed on full value of property conveyed, or Documentary transfer tax is $o.oO Project No. & Name 98-210. Lot 29. Carlsbad ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and Tract 74-21, Mav No. 10372. Sea Lion Conference Center FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receiot of which is herebv acknowledaed. - d@- WILLIAM E. PLUMMER, 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/%%7X&v. . 178 . 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. Exec ted by the Grantor this /1, day of /b& 192. GRANTOR SEA LION PARTNERS, L.P., a California Limited Partnership (name of grantor) By: General Partner By: (sign here) WILLIAM A. SHIRLEY, Member, Real EstatekLLk (title of signatory) Y (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 2 10/20/97 Rev. STATE OF CALIFORNIA ’i personally appeared N#E(S) OF SIGNER@) U personally known to me - OR - ’’ proved to me on the basis of satisfactory evidence to be the personM whose name#$ islMsubscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/Mr/Wir authorized capacity(ies), and that by his/W/Hir signature(4 on the instrument the person@. or the entity upon behalf of which the person@facted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document && Date of Document jb, ,/9 “i‘ NO. of Pages + Signer(s) other than named above CMWD 98-210 06/14/95 Rev. .. .. r. il L ,180 EXHIBIT "A" A PROPOSED WATERLINE EASEMENT LOCATED IN LOT 29 OF CARLSBAD TRACT NO. 74- 21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY 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 AND EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A (A RADIAL LINE TO WHICH BEARS NORTH 54°06'00 WEST); THENCE NORTHEASTERLY CENTRAL ANGLE OF 53°440'01" A DISTANCE OF 56.20 FEET TO THE TRUE POINT OF TO AS POINT "A"; THENCE NORTH 883947" WEST 28.71 FEET; THENCE NORTH CENTERLINE, NORTH 4O37'27" WEST 18.91 FEET TO A POINT HEREINAFTER REFERRED BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND SAID CURVE ALONG SAID wmr WEST 185.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 34037'2r WEST 211.08 FEET; THENCE NORTH 5502237" EAST 106.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 55O22'37" EAST 2.00 FEET; THENCE SOUTH 79"37'23 EAST 90.01 FEET; THENCE SOUTH 34'37'23" 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 58O37'23" EAST 175.49 FEET; THENCE SOUTH 34O37'23 EAST 66.43 FEET; AS POINT "E"; THENCE CONTINUING SOUTH 5456'58" WEST 103.65 FEET; THENCE THENCE SOUTH 54'56'58 WEST 91.08 FEET TO A POINT HEREINAFTER REFERRED TO NORTH 88w4r 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 "B; THENCE SOUTH 55O2233" WEST 18.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 34O37'23" WEST 17.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D; THENCE NORTH 31"2237" 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. 1" =/372% 24f.S' " \, OCc 181 i CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated November 16 , 1998, from SEA LION PARTNERS. L.P.. a California Limited PartnershiD to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, 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: Decemher 9. 19w CMWD 98-210 KAREN R. KUNDTZ, Assistant Secretary W 11/03/97 Rev. AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad. California 92008 Y Please record the document at no fee as it is to the 8 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. 8 NAME: 98-210. Lot 29. Carlsbad Tract 74-21. Map No. 10372. Sea Lion Conference Center 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 /30/& , 19my SEA LION PARTNERS. L.P.. a California Limited PartnershiD, owner of the land described and hereinafter referred to as “Owner,” and GROSSMONT BANK, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, SEA LION PARTNERS, L.P.. a California Limited PartnershiD did execute a deed of trust. dated November 19, 1997 to GROSSMONT BANK as trustee, to secure a note in the sum of Two Million Five. Hundred Thouand Dollars [$2.500,000.00) dated November 19, 1997 in favor of GROSSMONT BANK recorded in the office of 10/20/97 Rev. 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 EASEMENT/EASEMENTS dated J;)OU'&/6 /WHn favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating AN/THE EASEMENnEASEMENTS more particularly described in EXHIBIT/EXHIBITS "A 8 "8" 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 EASEMENTlEASEMENTS 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 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. 2. That Easement Grantee would not accept said EASEMENT/EASEMENTS 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 2 10/20/97 Rev. 185 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 10120197 Rev. 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 EASEMENTEASEMENTS in favor of Easement Grantee above referred to: Executed this 20 day of doUm&k"., 1998. By: \ (authorized signature) Execute thls 16 day of &&m60 , 19 2.2' OWNER: SEA LION PARTNERS, L.P., a California Limited Partnership By: General Partner By: hiQLu-0. (authorized signature) ( \ WILLIAM A. SHIRLEY v (name) Its: Member, Real Estate 2, LLC (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, General Counsel CMWD 98-210 10/20/97 Rev. 4 STATE OF CALIFORNIA 1 lss. COUNTY OF (. %L lm personally appeared NAmS) OF SIGNER@) V personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@$ whose nam& islaw subscribed to the within instrument and acknowledged to me that he/s%/h6y executed the same in his/he?/@eir authorized capacity(res), and that by his/ber/tbeir signaturew on the instrument the personm, or the entity upon behalf of which the persone) acted, executed the instrument. WITNESS my hand and official seal. --"-. SIGNATURE OF NOTARY (This area for official notary seal.) Date of Document fi!fmbe/ /6. 194 No. of Pages Signer(s) other than named above I CMWD 98-210 06/14/95 Rev. STATE OF CALIFORNIA 1 personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - "It0 be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that i#/s@xecuted the same in fls/i?&&& authorized capacity(ies). and that by ds/Q&&ignature(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.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 98-210 06/14/95 Rev. c; 190 EXHIBIT "A A PROP ACCORI 21, IN ' WIDE, 1 RECORI DESCRI 0: Tt 31, 3E .Y Bt SED WATERLINE EASEMENT LOCATED IN LOT 29 OF CARLSBAD TRACT NO. iE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORP NG TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUF iR OF SAN DIEGO COUNTYAPRIL 13, 1982. BEING A STRIP OF LAND 20.00 FE ING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOW1 ID CENTERLINES: JIA. 74- ITY !ET NG POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SEA LION PLACE, SAID POINT 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°06'OO" WEST); THENCE NORTHEASTERLY CENTRAL ANGLE OF 53"40'01" A DISTANCE OF 56.20 FEET TO THE TRUE POINT OF CENTERLINE, NORTH 4O37'27" WEST 18.91 FEET TO A POINT HEREINAFTER REFERRED 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 THENCE CONTINUING NORTH 34"37'27" WEST 211.08 FEET; THENCE NORTH 55"22'37" 34O37'27" WEST 185.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "6; CONTINUING NORTH 55022'37" EAST 2.00 FEET; THENCE SOUTH 79037'23 EAST 90.01 EAST 106.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE 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 THENCE SOUTH 54O5658" WEST 91.08 FEET TO A POINT HEREINAFTER REFERRED TO SOUTH 58O37'23" EAST 175.49 FEET; THENCE SOUTH 34O37'23 EAST 66.43 FEET; AS POINT "E; THENCE CONTINUING SOUTH 54"56'58 WEST 103.65 FEET; THENCE AND EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A NORTH 88059'47" WEST 43.43 FEET TO THE HEREINABOVE MENTIONED POINT"A". ALL ANGLE POINTS AND LOT LINES. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALSO: BEGINNING AT ABOVE MENTIONED POINT "B; THENCE SOUTH 55"22'33 WEST 18.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 34O37'23" 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 SOUTH 35"03'02" EAST 18.00 FEET TO A POINT OF TERMINATION.