HomeMy WebLinkAboutCT 81-10; Lee, Michael & Mimi; 1992-0839943; Easement1
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UFFiCikL &:E@k%
+;jNEiTE EU$NS, [Cili#TY iEC'I~dEb: PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT )
OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND
) 5~8 FJIEG~; CO!JHTY 5:ECCRDEK'S EiiE
FEES: p cc J. iL
1
WHEN RECORDED, PLEASE MAIL TO: )
)
) Carlsbad Municipal Water District ) Engineering Department 1
5950 El Camino Real 1 Carlsbad, California 92008 . '.I
'Space'above this line for Recorder's use.
Assessor's Parcel NO. 212-070-15', Project Name- & -No. c & L International, Lot 29, c"r 81-10,
MdD No. 11134, 91-C.375
DOCUMENTARY TRANSFER
TAX: None
CZiRLSBAD MUNICIPAL ' '
WATER DISTRICT
.'
fi?! &! d& .. AlethaL.Rautenkranz,Secrjtary
Board of Directors
EXXMENT
MICHAEL P. LEE FSJD MIMI P. &, Husband and Wife as Joint Tenants ,
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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524
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 includirig, but .,iimited to, erosion control
facilities, fences, gates, doors, 1ockLng devices, alarms, lights,
and all other protective facilities and devibs. 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.
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3/14/91 REV. 2
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
Jpon the properties more particularly described in Exhibit "A" and
Exhibit "B" attached hereto and by this reference made a part
hereof. *.
ecited by the GRANTOR this L?* day 'bf fioL.%."
'19.
I
GRANTOR: ~ :-
MICHAEL P. LEE AND MIMI P. LEE.
Husband and Wi€e joint Tenants
\
BY : 4p-f (sign her ) "" 7
APPROVED AS TO FORM:
RONALD R. BALL
GENERAL COUNSEL
n by GRANTOR must be attached.)
CMWD 91-C.375
3 3/14/91 REV.
STATE OF CALIF RNI
COUNTY OF
On (his 4th 1992 day ol December . in Ihe year . before me. the undersigned. a Notary Public in
%n bego } ss. 526
and lor said Counly and Slale. personally appeared * * *Mimi P. Lee * * *
~~~~xxx(IWX~(proved to me on Ihe basis of satislactory
evidence) to be Ihe person * * iS* * subscribed to the within instrument and
whose name
acknowledged thal * * qhp* * , executed the
***
He& A. Hull
Notary Public in and lor said County and Stale Name (Typed or Printed)
F2492 R 6/84 FORNOTARYSEALORSTAMP
~~ ~
Individual AcKnowiedgment
STATE OF CALIFORNIA
COUNTY OF Sari Diego ) SS.
On this25thday of November , in the year 1992, before me, the undersigned, a Notary Public in
and for said County and Slate, personally appeared
-~ ~~~~~~~ ~
*Michael P. Lee*
personally known to me (or proved to me on the basis of satisfactory evidence) lo be the person_
whose name is Subscribed to this instrument and acknowledged that he executed it.
WITNESS my hand and official seal.
Notary Public in and for said County and State
Attached to: Easement for City of C
527
CERTIFICQTION FOR ACCEPTANCE OF DEED
This is to cer@ that the interest in real property conveyed by the grant deed or easement,
dated /$</9& ,from MICHAEL P. LEE AND MIMI P. LE, Husband and Wife
as Joint Tenants totheCarkbadMunicipa1 WaterDistrict, Carkbad,
California, a Municipal Water District Act of 1911, as amended, k hereby accepted by the
un&rsigned o@er or agent on behalf of the Carkbad Municipal Water District, Carlsbad,
California, pursuant to authority confirred by Resolution NO.^ of the Carlsbad Municipal
Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by
it’s duly authorized o@er.
DATED: J 2 ,/ f 3
Re-
ALETHA L. RAUTENKRANZ, Secretary
CNWD 91-C.375
C h L INTERNATIONAL
LOT 29, CT 81-10, MAP NO. 11134
C.M.W.D. 91-C.375
528
12/12/91 FF
151/91/00
EXHIBIT "A"
ALL THAT PORTION OF LOT 29 OF CARLSBAD TRACT NO. 81-10, UNIT NO.
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11134, FILED IN THE
2-A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 31,
ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED 1985, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET
CENTERLINE:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 29, SAID POINT OF BEGINNING BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
PROPERTY LINE OF SAID LOT 29 AND ALONG SAID RIGHT OF WAY LINE OF
RUTHERFORD ROAD SOUTH 75 01'02" WEST, 16.38 FEET TO THE TRUE
AND SAID SOUTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH
FEET TO THE POINT OF TERMINUS.
10 18'39" EAST, 45.50 FEET; THENCE NORTH 79 41'21" EAST, 15.00
THE SIDELINES OF THE SAID STRIP OF LANDS SHALL BE LENGTHENED
AND/OR SHORTENED AT ALL ANGLE.POINTS AND SHALL BE CONTINUOUS AND
ROAD, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID
SHALL BEGIN IN SAID SOUTHERLY RIGHT OF WAY LINE OF RUTHERFORD
CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCEL A: 907.54 SQUARE FEET.
LINE OF RUTHERFORD ROAD; THENCE CONTINUING ALONG THE NORTHERLY
POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY PROPERTY LINE
" ,-
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
WS/151-91
i600 AVENIDA ENCINAS, SUITE 133 :ARLSBAD, .CA 92008 Ph:(619)431-9301 WATERLINE EASEMENT
LOT 29, CT 81-10, MAP NO. 11134
ANl51/9rIoo 9111191 cnwD9l-c-%5 CWWD 91-c .I) 7 5
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531
RECORDING REQUESTED AND )
WHEN RECORDED, PLEASE MAIL TO )
Carlsbad Municipal Water District ) 5950 El Camino Real )
Carlsbad, California 92008 ':. )
)
..
',' ,Space 'above this line for
,'Recorder's use.
A.P.N; ' 212-070-15 CMWD N&.' 91-C.375
,. ', ,' SUBORDINATIOn AGREEMENT
NOTICE: ','PHIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AN
ESTATE IN THB REAL PROPERTY TO WHICH
AND HAS THE POTENTIAL EFFECT OF
YOUR SECURITY INSTRUMENT ATTACHES
REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
.,
THIS AGREEMENT, made this I c( day, bf be re wbe f &-'
19% by 7 MIMI (Trustor)
hereinafter referred to as "OtYner," owner of the land and
iYORTH CU3MY BANK
hereinafter referred to as tfBeneficiary'8, present owner and holder {Owner)
of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, -L p. LEE AND MIMI P. LEE, Husband and Wife (Trustor) e did execute a deed of
trust, dated Ausst 11 , 19% to NORTH cow Em (Date) (Trustee) as trustee, covering
c ,r, 1, -. Lot 79, Carlsbad Tract 8l-lOdWc NO. 11134, CMwD
PrnjPrt No. 91 - C.375 I (Brief Legal Description)
(See Exhibit & 8v~nr for Detailed Description)
1 3/26/91 REV.
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to secure a note in the sum of Eiqht Hundred Thirty-TWC Thousand Five (Lien Amount)
~lll/ll// ($ 832,500.00 ) 'dated August '11, ,
192, in favor of NORII-1 COUNTY BANK recorded
in the office of the County Recorder of gan Diego County
on August 18, 1992 of Official
(Date)
(Beneficiar )
(County) , as File No. 1992-0519237
(Date Recorded) (F/P No.) Records of said county: and
WHEREAG;.'6&er has executed, or is about to execute, as
grantor, a grant of-'EAS&ENT/EASEMENTS dated' '././;7 </qa , in
favor of the. Carlsbad Municipal Water District as grantee,
hereinafter .$eferred to as "Easenient Grantee," 'creating AN/THE
EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS
,.
UA" & "B' attached hereto; and
WHEREAS, Easembnt 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/EP.SE?IENTS created in favor cf 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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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 afiri remain at all times a charge
on the property therein descr,ibed;prfor and superior to the lien
or charge of the deed of trust above mentioned,
~ .:I ;_
,, .~
2. That Easement Grantee would not: accept said
., . EASEMENT/EA NTS 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 Grafttee above referred to and shall supersede and
cancel, but only insofar as wodd affect the priority between the
deed of trust and EASEMENT/EAS&qfiTS hereinbefore specifically
described, any prior agreement as ta%uch 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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534
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 companies .khich would not .be or entered into but
for said reliahce upon the waiver, .. relinquishment and
subordinatiph: ..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
EASEMENTjEASEMENTS in favor of Easement Grantee above referred to
Exec ted by the BENEFICIARY'this Executed by the OWNER this
2q, Ir day of /VSLU~ - , 19% E% day of bbL%.A./ , 19- 72.
BENEFICIARY: OWNER:
NORTH COUNTY BANK MICHAEL P. LEE AND MIMI P. LEE,
Husband and Wife as Joint Tenants
By: By : signature)
4
By: By: \
(authorized signature) '
(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
4 3/26/91 REV.
Countyof San Dieao I"".
CORPORATE ACKNOWLEDGMENT
,..
California
Heidi A. Hull
the undersigned Notary Public, personally appeared
Lindsey K. Yip
&personally known to me
0 proved to me on the basis of satisfactory evidence
'$%'eh"&sJent
named, and acknowledged to me that the corporation executed it.
rsoq(s who executed the within instrument as
or on behalf of the corporation therein
I
Notary'sSignature reidi A. Hull -
1 ss. STATE OF CALIFORNIA
On lhis 4th day or -. in Ihc year
COUNTY OF San Dieao I
1992, before me. the Undersigned. a Notary Public in
and lor said County and State. personally appeared * * Mimi P. Lee * * *
1 c
-(or proved to rnc on the basis of satislactory
evidence) to bF the person whose name
acknowledged that i she executed the
**
1s Subscribed to the wilhin instrument and
11
Notary Public in and lor raid Counly and Slale Name (Typed or Printed)
F2492 R 6/84 FOANQTARYSEALORSTAYP
Individual AcKnowledgrnent - a STATE OF CALIFORNIA
G Y COUNTY OF Sari Diego } ss.
On this25thdaYof November , in theyear 19=, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared . 2 5
u " c
- l
0 2 =I 2 *Michael P. Lee* 5 YU
Y PerSOnally known to me (Or proved to me on the basis of satisfactory evidence) to be the person" c h: 23 whose name is subscribed to this instrument and acknowledged that he executed it.
E 3 .-E2
2'3"
ir:
?-
Pm (J'&(&@ u
Notary Seal
WITNESS my hand and official seal.
Flea Attached to: Subordination Agreemen
Notary Public in and for said County and State
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
Approved as to form:
?&% Rofrdld R. Ball, Geferal . &A&*- Counsel
must be attached.
(Notarial acknowledgement of execution of OWNER and BENEFICIARY
CMWD 91-C.375
5 3/26/91 REV.
537
C h L INTERNATIONAL LOT 29, CT 81-10, MAP NO. 11134 C.M.W.D. 91-C.375
12/12/91 FF 151/91/00
EXHIBIT "A"
ALL THAT PORTION OF LOT 29 OF CARLSBAD TRACT NO. 81-10, UNIT NO.
2-A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11134, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 31,
ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED 1985, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET
CENTERLINE:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 29, SAID
POINT OF BEGINNING BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD; THENCE CONTINUING ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT 29 AND ALONG SAID RIGHT OF WAY LINE OF RUTHERFORD ROAD SOUTH 75 01'02'' WEST, 16.38 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY PROPERTY LINE AND SAID SOUTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH
FEET TO THE POINT OF TERMINUS.
10 18'39" EAST, 45.50 FEET; THENCE NORTH 79 41'21'' EAST, 15.00
THE SIDELINES OF THE SAID STRIP OF LANDS SHALL BE LENGTHENED
AND/OR SHORTENED AT ALL ANGLE-POINTS AND SHALL BE CONTINUOUS AND
SHALL BEGIN IN SAID SOUTHERLY RIGHT OF WAY LINE OF RUTHERFORD
ROAD, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID
CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCEL A: 907.54 SQUARE FEET.
,-
CHARLES S. KAHR R.C.E. 23907
REGISTRATION EXPIRES 12/31/93
DATE
WS/151-91
il
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CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR AND ASSOCIATES EXHIBIT 'B
5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, .CA 92008 Ph(619)431-9301
t
WATERLINE EASEMENT
LOT 29, CT 8l-K), MAP NO. 11134
At4 151/9rIoo 911119 I cnwl>sl-c.%rs CMWD %\-C.375
LOCAT4ON' MAP 539
VICINITY MAP. ,
..
a- +/ /
I
NAME C & L INTERNATIONAL EXHIBIT ,.
LOT 29, CT 81-10, MAP NO. 11134 .I
n-,,
CMWD 91-C.375
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PLEASE RECORD THIS DOCUMENT AT
NO FEE AS IT IS TO THE BENEFIT
OF THIS DISTRICT (GOV. CODE [61 03 1
RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
) Space above this line for Recorder% use.
A.P.k.*-,.212-070-15 CMWD Nti.' 91-C.375
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS
PROPERTY BECOMING SUBJECT TO AN
IN YOUR SECURITY INTEREST IN THE
ESTATE 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 2& day" ~ ~ of /vo,.-&9./
19% by MICHAEL P. LEE AND MIMI P. LEE, Husband and Wife as Joint Tenants,
(Trustor)
hereinafter referred to as "Owner," owner of the land and mmcouNfyBAEdK
hereinafter referred to as "Beneficiary", present owner and holder
(Owner)
of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, MICHAEL P. LEE AND MIMI P. LEE, Husband and Wife
(Trustor)
as Joint Tenants, did execute a deed of
trust, dated August 11 ,1992 to Nom COUNTY BANK (Date) (Trustee) astrustee, covering
C & L International, Lot 29, Carlsbad Tract 81-10, Map No. 11134, CMWD
FYoject No. 91-C.375
-
(Brief Legal Description)
(See Exhibit "A" & "I3" for Detailed Description)
1 3/26/91 REV.
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to secure a note in the sum of Sixty-Three Thousand, Nine Hundred
~~~ars///////////////// ($ 63.900-00 ) dated (Lien Amount)
(Date)
1922, in favor of Nom CWNTY BANK (Beneficiary)
' recorded
in the off ice of the County Recorder of San Diego County
on Auwst 31, 1992 , as File No. 1992-0550327 of Official
(County)
(Date Recorded) ,. '. (F/P No.)
Records of said county: and
WHEREAS, ~ @her has, executed,, or is about to execute, as
grantor, a grant of EASEHENT/EASEMENTS datea . Ov(&?/- 25, h?~, in
favor of the Carlsbad Municipal Water District as grantee,
N
hereinafter .referred to as "Easement Grantee," creating AN/THE
EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS
II II & "B" attached hereto; and
WHEREAS, Easement Grantee is willing to accept said
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a
charge upon the abaVe '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 seed Qf 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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542
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 ana ,rehain at all times a charge
on the property therein described,' prior and.&perior to the lien
I ,, ' ,,
..
or charge of the deed of trust above mentioned.
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 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/EASEMENTS hereinbefore specifically
described, any prior agreement as t'o 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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543
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 companies' which would not be made or entered into but
for said reliance upon the waiver; . relinquishment and
subordinat$&:.
.~ . .. I,
,, .. 3. . dn endorsement has been placed upon t& 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 by the BENEFICIARY this. Executed by the OWNER this 2StCday of h2~%&+- , 1992 Z?yfLday of /&W&.,&O~, 19k
BENEFICIARY: OWNER:
NORTH COUNTY BANK MICHAEL P. LEE AND MIMI P. LEE. Husband'and wife as Joint Tenants
By : . 'i By : , ./?,.? , (& ' (auth(driked signature)
By : By : (authorized signature) ' (authorizedl
(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 3EHALF 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
4 3/26/91 REV
State of California
County of San Diego
On this the 4th day of December ~~~~fOre me-
Heidi A. Hull
the undersigned Notary Public, personally appeared
Lindsey K. Yip
personally known to me
Q proved to me on the basis of satisfactory evidence
to be the person@) who executed the within inStNment as
named, and acknowledged to me that the corporation executed it.
Vice President or on behalf of the corporation therein
STATWF CALIFORNIA
COUNTY OF Diego
On lhis 4th day ol December . in Ihc ycar
} ss.
1992 . belore me. the Undersigned. a Notary Public in
and lor raid Counly and Slale. personally appearcd * * *Mimi P. Lee * *
p&&?ii#~%&&%&%%r proved IO me an lhe basis Of lalislrclory
evidcncc) to be the person ** whose name * *iS * * subscribed IO the wilhin inslrumenl and
acknowledged that * She ** epculcd Ihc
I Heidi A. Hull
Notary Public in and Tor raid County and Slale Name (Typed or Printed)
F2492 R 6/84 FORNOTARYSLALORSTAMP
~~ ~~ ~~~~ . .~~
Individual Acmnowledgment
COUNTY OF Diego \ ss.
- .~~ ~~~~ ~~~~~ ~~
a - 9TATE OF CALIFORNIA
Y - i= On this25thday of November , in theyear 19%, before me, the undersigned, a Notary Public in - 5 g and for said County and State, personally appeared
0 L:
u .I G k cx *Michael P. Lee* 5 YU r5 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person"
subscribed to this instrument and acknowledged that he executed it
oi urn 3 ;r i. e " 24
iE WITNESS my hand and official seal.
Notary Public in and for said County and State
ST.20 Attached to: Subordination Anre
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
d as to form:
Ronal8 R." Ball, General counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY
must be attached.
CMWD 91-C.375
5 3/26/91 REV.
546
C h L INTERNATIONAL LOT 29, CT 61-10, MAP NO. 11134
C.M.W.D. 91-C.375
12/12/91 FF
151/91/00
EXHIBIT "A"
ALL THAT PORTION OF LOT 29 OF CARLSBAD TRACT NO. 81-10, UNIT NO.
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11134, FILED IN THE 2-A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 31,
1985, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 29, SAID
LINE OF RUTHERFORD ROAD; THENCE CONTINUING ALONG THE NORTHERLY POINT OF BEGINNING BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
PROPERTY LINE OF SAID LOT 29 AND ALONG SAID RIGHT OF WAY LINE OF RUTHERFORD ROAD SOUTH 75 01'02" WEST, 16.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY PROPERTY LINE
AND SAID SOUTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH
10 18139t* EAST, 45.50 FEET; THENCE NORTH 79 41'21" EAST, 15.00
FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF THE SAID STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE.PO1NTS AND SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID SOUTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID
CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCEL A: 907.54 SQUARE FEET.
,-
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
WS/l51-91
\
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR AND ASSOCIATES
,5600 AVENIDA ENCINAS, SUITE 133
EXHlBlT '6 !
CARLSBAD, .CA 92008 Ph(619)431-9301 WATERLINE EASEMENT
LOT 29, CT SI-lo, MAP NO. 11134
Jl4 151/4rIoo 91111q I CI*WD91-C.%5 CWWQ 91-C a3 7 5
',
LOCAT.ION' MAP 548
VICINITY MAP ,
C & L INTERNATIONAL
LOT 29, CT 61-10, MAP NO. 11134
CMWD 91-C.315