HomeMy WebLinkAboutCT 81-46; Homes for Industry - Carlsbad LLC; 1996-0316661: Easement'002285
* RECORDING REQUESTED BY
Carlsbad Municipal Water District
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
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].)
179 4
SAN OIEGO COUNTY RECORDER'S OFFICE OFFICIAL RECORDS
GREFORY SHITHI COUNTY RECORDER FEES: 0.00 NA
\ *\ Space above this line for Recorder's use.
The undersigned grantor(s) declare@): Assessor's Parcel No. 21249243
Documentary transfer tax is $o.oO Project No. 8 Name CMWD Proiect No. 91211
( ) computed on full value of properly conveyed, or Lot 39. Carlsbad Tract 8146. N.E. Corner
( ) computed on full value less value of liens and Upper Kelloaa Avenue and Camino Vida Robles
( ) Unincorporated area: (x) City of Carlsbad , and
encumbrances remaining at time of sale. Homes for lndustrv
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
GRANT DEED OF WATER LINE EASEMENT
r3 bo1 HOMES FOR INDUSTRY - CARLSBAD LLC
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 forthe 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
1 05/21/96 Rev.
1795
. facilities and structures assodated 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 faalities, 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 propelties more particularlydescribed in
Exhibit "A" and Exhibit "B" attached hereto and by ths reference made a part hereof.
' IQZ.
Executed by the Grantor this 2 day of /vf A 9 ,
GRANTOR: HOMES FOR INDUSTRY - CARLSBAD LLC
(name of grantor)
By:
(sign here)
A&€/Z/T-
(title of signatory)
(sign here)
(title of signatory)
APPROVED AS TO FORM:
GENERAL COUNSEL
RONALD R. BALL
By:
(Notari&%zieigement of execuhon of NTOR must be attached.) Ghem 1 coy^+
CMWD 95-211
2 05/21/96 Rev.
1796
STATE OF CALIFORNIA I
personally appeared
/ NAME(S) OF SIGNER@)
0" OR - droved to me on the basis of satisfactory evidence to be the persoil'@) whose nameN
Wa~86ubscribed to the within instrument and acknowledged to me that hekhehhey executed the same in hisltrerRhsir authorized
capacity(iss), and that by hishei?'IheirsignatureO,on the instrument the personior the entity upon behalf of which the
personkacted, executed the instrument.
(This area for official notary seal.)
// Y
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 95-21 1
06/14/95 Rev.
1797
EXHIBIT "A"
ALL THAT PORTION OF LOT 39 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS PER MAP
NO. 1 1288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50
FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINMNG AT THE SOUTHEASTERLY CORNER OF SAID LOT 39, SAID POINT ALSO
BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF KELLOGG AVENUE (72.00
FEET WIDE); THENCE WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE
OF SAID KELLOGG A- SOUTH 80"25'04" WEST 14.03 FEET TO THE TRUE POINT
KELLOGG AVENUE ALONG SAID CENTERLINE, NORTH 54"35'01" WEST 57.55 FEET;
THENCE NORTH 9"35'01" WEST 31.75 FEET; THENCENORTH 54"35'01" WEST 28.28
FEET; THENCE SOUTH 80"24'59" WEST 20.54 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 80"24'59" WEST 59.04
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH
14"35'01" WEST 56.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"C"; THENCE CONTINUING NORTH 14"35'01" WEST 133.81 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH
14"35'01" WEST 16.03 FEETTO A POINT HEREINAFTER REFERRED TO AS POINT "E";
THENCE CONTINUING NORTH 14"35'01" WEST 31.32 FEET; THENCE SOUTH 75"24'59"
WEST 203.25 FEET TO A POINT OF TERMINATION ON THE WESTERLY LOT LINE OF
SAID LOT 39, SAID POINT BEING SOUTH 25-47'17" EAST 44.98 FEET FROM THE
NORTHWESTERLY CORNER OF SAID LOT 39.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED
AT ALL ANGLE POINTS AND LOT LINES.
ALSO:
aF, THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF
BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE SOUTH 9"35'01" EAST
22.50 FEET TO A POINT OF TERMMATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 14'35'01" EAST
24.85 FEET; THENCE SOUTH 75"24'59" WEST 23.37 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 7Y24'59" WEST 60.63
FEET; THENCE NORTH 14"35'01" WEST 18.00 FEET TO A POINT OF TERMINATION.
PAGE I OF 2
CMWD 95-21 1
1798
BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 75"24'59" EAST
22.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 75"24'59" EAST
25.00 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE SOUTH 75"24'59" WEST
26.23 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "F"; mNCE NORTH 14'35'01" WEST
18.00 FEET TO A POINT OF TERMINATION.
SEE EXHIBIT "B" ATTACHED HERETO.
PAGE 2 OF 2
CMWD 95-21 I
WATERLINE EASEMENT PLAT
CAE 1" = 60'
PHONE (619) 453-4320 FAX (619) 552-1563 CMWD 95-21 1 IRN. MLS CK. BHW
DWG NO. SAN DIEGO. CA. 92121 AE 5-08-96
SILLMAN / WYMAN, INC JOB NO.
6181 CORNERSTONE COURT, SUITE 101 9501 0-39
J
CERTIFICATION OF ACCEPTANCE OF DEED
Th$ isto certify that the interest in real properly conveyed by the grant deed of easement, dated fh 6 4 &? q* ,
IS&, from HOMES FOR INDUSTRY - CARLSBAD LLC
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. 773 of the Carlsbad Municipal Water
District adopted on January 28,1992, and the grantee consents to recordation thereof by its duly authorized officer.
DATED: &ne 18. f44L
CMWD 95-211
May 9, 1996
- City of Carlsbnd, CA.
HOMES FOR INDUSTRY
2223 Avenidr de la Playa la lolla, CA 92037 Phone (619) 551-5600 Fax (619) 551.5610
I hereby authorire Dennis Glaser as an agent for Home For Industry Carlsbad, LLC to sign all
permits, agreements, and documents et all, as required in reference to Homes For Industry’s Lot
39 and Lot 40 of the Carlsbad Airport developments. - Anthony Hai
Manager
HOMES FOR INDUSTRY - CARLSBAD, LLC
,302289
RECORDING REQUESTED BY
Carlsbad Municipal Water District
AND WHEN RECORDED, PLEASE
MAIL TO
1802
DOC # 1?96-~31~~6~ 24-JUH-1996 12:47 PFI
$ 5950 El Camino Real
Carlsbad Municipal Water District
v " Carlsbad, California 92008
as it is to the benefit of the District (Gov.
Please record the document at no fee
Code 161 031.) I 4 t.
Space above this line for Recorder's use.
A.P.N.: 212-092-03 Project No. 8 Name: CMWD Proiect No. 95-211
Vida Robles - Homes for lndustw
UDDer Kelloaa Avenue and Camino
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
Lots 39. Carlsbad Tract 8146. N.E. Comer of Uwer Kelloaa Avenue and Camino Vida Robles
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 AlTACHES AND HAS THE
SECURITY INTEREST.
POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR
THIS AGREEMENT, made this 5 " day of ,pl&,by
y
(TrustorIOwner)
hereinafter referred to as "Owner." owner of the land and
LAWRENCE E. ROBINSON. AS TRUSTEE OF THE ROBINSON FAMILY TRUST DATED DECEMBER 21.1989 ,
(Beneficiary)
I 05/21/96 Rev.
hereinafler referred to as “Beneficiary“; present owner and holder of the deed of trust hereinafler described;
WITNESSETH
THAT WHEREAS, a California Limited Labili ComDanv Homes For Industly - Carlsbad, LLC, dd execute
(Trustor)
a deed of trust, dated December 7 ,I9 95 to Chicaao Tile ComDanv. a California corDoration
(Date) (Trustee)
as trustee, covering Lot 39 of Carlsbad Tract No. 81-46 Unit No. 2. in the Ci of Carlsbad. Countv of San Dieao,
State of California. accordina to MaD Thereof No. 11288. filed in the Office of Countv Recorder of San Diiao
County. July 16.1985. more particularlv described in Exhibits “A” 6 “B” attached hereto and made a Dart hereof
(Brief Legal Description)
(See Exhibit “A” a “B” for Detailed Description)
to secure a note in the sum of One Million. One Hundred Fffv Thousand Dollars ($ 1.150.000.00 ) dated
(Lien Amount)
December 7 ,19a. in fawr of Robinson Famihr Trust dated December 21.1989
Lawrence B; Robinson, as Trustee of the
recorded
(Dated) (Beneficiary)
in the ofie of the County Recorder of San Diiao County on December 12.1995
(County) (Date Recorded)
as File No. 19954565763 of Official Records of said county; and
(FP No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS
dated ~$#4f Is/ /%, in favor ofthe Carlsbad Municipal Water District as grantee, hereinafler referred to as “Easement
Grantee,” creating AN/THE EASEMENTEASEMENTS more particularly described in EXHIBITEXHIBITS “A” 6 “B”
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of
EASEMENTEASEMENTS is a charge upon the above described properly 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 EASEMENTEASEMENTS created in favor of Easement Grantee;
and
2 05/21/96 Rev.
WHEREAS, it is to the mutual benefit of the patties hereto that Easement Grantee accept said
EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENTEASEMENTS shall, when recorded, constitute
a charge upon said land which is uncondmonally 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 herebydeclared, understood and agreed as follows:
I. That said EASEMENTEASEMENTS in favor of Easement Grantee shall uncondmonally 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 EASEMENTEASEMENTS above described without this
subordination agreement.
3. That thii agreement shall be the whole and only agreement with regard to the subordination of the lien
or charge ofthe deed of trust above mentioned to the EASEMENTEASEMENTS 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
EASEMENTEASEMENTS hereinbefore spedfically 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 EASEMENTEASEMENTS in favor of the Easement Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned
tothe EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and
in consideration of, this subordination of the grant of EASEMENTEASEMENTS is being executed and delivered. the
EASEMENTEASEMENTS WARE being created, and that spec& 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
3. Thii agreement represents an endorsement to the note secured by the deed of trust above mentioned that
said deed of bust has by thii instrument been subordinated to the charge of the EASEMENTEASEMENTS in favor of Easement
3 05/21/96 Rev.
Grantee above referred to
day of Executed by the OWNER this a day of
AAt I19-Z
BENEFICIARY:
LAWRENCE B. ROBINSON, AS TRUSTEE OF THE
DECEMBER 21,
OWNER:
HOMES FOR INDUSTRY - CARLSBAD LLC
By:
(authorized signature) D &l/x/ 1’s GLAS $#?
(name) (name)
AGFD T
(title) (title)
By: By:
(authorized signature) (authorized signature)
(name) (name)
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 INDMDUAL 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
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD 95-211
4 05/21/96 Rev.
STATE OF CALIFORNIA 1 n
! ss.
COUNTY OF I
personally appeared
,' NAME@) OF SIGNER@)
0- OR - d roved to me on the basis of satisfactory evidence to be the persowwhose name&
i%fe-subScribed to the within instrument and acknowledged to me that he/sk€bq executed the same in hish&beif authorized
capacity@@, and that by hislkerM.leirsignatureT+Jn the instrument the personm or the entity upon behalf of which the
person% acted, executed the instrument.
SANDRA J. SCHUCK COMM. #lo63826
SAN DIEGO COUMY 1 Notary Pale - Collfomlo
""".q"
, Mv Comm. Expires CCT
(This area for official notary seal.)
L.
Tile or Type of Document
Date of Document No. of Pages
Signer(@ other than named above
CMWD 95-211
OW1 4/95 Rev.
STATE OF CALIFORNIA I
i ss.
J
On 6 -5' -5 6 before me,
DATE
personally appeared
$(personally known to me - OR - proved to me on the basis of satisfactory evidence to be the perso@) whose name@)
id~subscribed to the within instrument and acknowledged to me that helskeAkey executed the same in himeir authorized
capacity(@, and that by his/ker/Hreir signatureo on the instrument the personw or the entity upon behalf of which the
NAME@) OF SIGNER@)
person@) acted, executed the instrument.
WITNESS my hand and official seal.
%xL Q. dy
SIGNATURE OP NMARY (This area for official notary seal.)
Title or Type of Document
Date of Document h- 5" 96 No. of Pages
Signer(s) other than named above I I
CMWD 95-211
06/14/95 Rev.
EXHIBIT "A"
ALL THAT PORTION OF LOT 39 OF CARLSBAD TRACT NO. 8 146, UNIT SO. 2, IN THE
CITY OF CARLSBAD, COUNTY OF SAW DIEGO, STATE OF CALIFORMA, AS PER \fAP
NO I 1288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SIUD
COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYISG 7.50
FEET ON EACH SlDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE:
BEGIN'NING AT THE SOUTHEASTERLY CORNER OF SAID LOT 39, SAID POINT ALSO
BEING ON THE NORTHERLY RIGHT-OF-WAY LlNE OF KEUOGG AVENUE (72.00
FEET WIDE); THENCE WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE
OF SAID KELLOGG AVENUE SOUTH 80'25'04" WEST 14.03 FEET
KELLOGG AVENUE ALONG SAID CENTERLINE, NORTH 54'35'01" WEST 57.55 FEET;
THENCE NORTH 9'35'01" WEST 31.75 FEET; THENCENORTH 54"35'01" WEST 28.28
FEET; THENCE SOUTH 80"24'59" WEST 20.54 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 80'24'59" WEST 59.04
FEET TO A POINT HEREINAFER REFERRED TO AS POINT "B"; THENCE NORTH
14"35'01" WEST 56.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"C"; THENCE CONTINLJING NORTH 14'35'01" WEST 133.81 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH
14'35'01" WEST 16.03 FEETTO A POINT HEREINAFTER REFERRED TO AS POINT "E";
THENCE CONTINUING NORTH 14'35'01" WEST 3 1.32 FEET, THENCE SOUTH 75'24'59"
WEST 203.25 FEET TO A POINT OF TERMINATION ON THE WESTERLY LOT LINE OF
SAID LOT 39, SAID POINT BEING SOUTH 25"47'17" EAST 44.98 FEET FROM THE
NORTHWESTERLY CORNER OF SAID LOT 39.
OF BE-; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF
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 "A"; THENCE SOUTH 9'35'01" EAST
22.50 FEET TO A POINT OF TEERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 14'35'01" EAST
24.85 FEET; THENCE SOUTH 75'24'59" WEST 23.37 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "F"; THENCE CONTMUING SOUTH 75"24'59" WEST 60.63
FEET; THENCE NORTH 14'35'01" WEST 18.00 FEET TO A POINT OF TERMINATION.
PAGE 1 OF 2
CMWD 95-2 1 1
'. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 75"24'59" EAST 18 99
22.00 FEET TO A POINT OF TERMINATION.
BEGINNMG AT ABOVE MENTIONED PONT "D"; THENCE NORTH 75"24'59" EAST
25.00 EET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE IMENTIONED POINT "E"; THENCE SOUTH 75"24'59" WEST
26.23 FEET TO A POINT OF TERMINATION.
BEGWG AT ABOVE MENTIONED POINT "F"; THENCE NORTH 14"35'01" WEST
18.00 FEET TO A POINT OF TERMINATION.
SEE EXHIBIT "B" ATTACHED HERETO.
SILLMAN I WYMAN. INC.
MY REGISTRATION%IRES
ON 12/31/1997
PAGE 2 OF 2
CMWD 95-21 1
c
I WATERLINE EASEMENT PLAT
i 'U'UE 1" = 60' SILLMAN / WYMAN, INC JOB NO.
ME 5-08-96
PHONE (619) 453-4320 FAX (619) 552-1563 3R.N. MLS CK. 6HW
DWG NO. SAN DIEGO, CA. 92121 6181 CORNERSTONE COURT, SUITE 101 9501 0-39
CMWD 95-21 1
HOMES FOR INDUSTRY
2223 Avenida de la Playa La lolla, CA 92037 Phone (619) 551-5600 Fax (619) 551-5610
181 1
May 9, 1996
- City of Cartsbad, CA.
I hereby authorize Dennis Glaser as an agent for Homes For Industry Carisbad, LLC to sign all
permits, agreements, and documents et all, as required in reference to Homes For Industry’s Lot
39 and Lot 40 of the Carlsbad Airport developments. - Anthony Ha
Manager
HOMES FOR INDUSTRY - CARLSBAD, LLC
1812
DOC # 19964316663 24-JUN-1996 12-47 PPI
RECORDING REQUESTED BY
Carlsbad Municipal Water District
AND WHEN RECORDED, PLEASE
MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
Please record the document at no fee
Code [6103].)
as it is to the benefit of the District (Gov. i
\ ,,'
'$ Space above this line for Recorder's use.
A.P.N.: 21249243 Project No. 8 Name: CMWD Project No. 95-21 1
Lots 39. Carlsbad Tract 8146. UDDer Kelloaa Avenue and Camino Vida Robles -Homes for lndustrv
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
Lot 39. Carlsbad Tract 8146. N.E. Comer of UDwr Kelloaa Avenue and Camino Vida Robles
Homes for lndustw
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 AlTACHES AND HAS THE
SECURITY INTEREST.
POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR
THIS AGREEMENT, made this .8-% day of % ,19%, by a.
HOMES FOR INDUSTRY - CARLSBAD. LLC
(Trustor/Owner)
hereinafter referred to as "Owner," owner of the land and
SCRIPPS BANK
(Beneficiary)
I 05/21/96 Rev.
hereinafter referred to as “Beneficiary“: present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Homes for lndustrv - Carlsbad LLC did execute
(Trustor)
a deed of trust, dated March 6 ,1998 to SC~~DDS Bank, a California State Bankina Comoratlon
(Date) (Trustee)
as trustee, covering Lot 39 of Carlsbad Tract No. 8146 Unit No. 2. in the Ci of Carlsbad. Countv of San Dieao
State of California. accordina to MaD Thereof No. I1 288. filed in the Office of Countv Recorder of San Dieao
Countv. Julv 16.1985. more Darticularlv described in Exhibits “A” 6 “B” attached hereto and made a Dart hereof
(Brief Legal Description)
(See Exhibit “A” 6 “B” for Detailed Description)
to secure a note in the sum of One Million. Fw Hundred Dollars ($ 1.500.000.00 ) dated
(Lien Amount)
March 6 ,192, in favor of SCI~DDS Bank
(Dated) (Beneficiary)
recorded
in the office of the County Recorder of San Deao County on March 14.1996
(County) (Date Recorded)
as File No. 1996-1 26440 of Official Records of said county; and
(FP No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS
dated IdM2g /99b ,in favor ofthe Carlsbed Municipal Water District as grantee, hereinafter referred to as “Easement
Grantee,” creating ANlTHE EASEMENTEASEMENTS more particularly described in EXHIBITEXHIBITS “A” 6 “B”
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of
EASEMENTEASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the deed
oftrust above menbned and prwided 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 EASEMENTEASEMENTS created in favor of Easement Grantee:
and
2 05/21/96 Rev.
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENTEASEMENTS and Beneliciary is willing that the grant of EASEMENTEASEMENTS 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 consideratbn of the mutual bene& 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:
I. That said EASEMENTEASEMENTS 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 EASEMENTEASEMENTS above described without thii
subordination agreement.
3. That thii 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 EASEMENTEASEMENTS 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
EASEMENTEASEMENTS hereinbefore spedcally 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 properly therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. I (We) consent to and approve the grant of EASEMENTEASEMENTS in favor of the Easement Grantee.
2. I (We) intentbnalty and unconditionally subordinate the lien or charge of the deed of trust above mentioned
tothe EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and
in consideration of, this subordination of the grant of EASEMENTEASEMENTS is being executed and delivered, the
EASEMENTEASEMENTS WARE being created, and that specilk 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
3. Thii agreement represents an endorsement to the note secured by the deed of trust above mentioned that
said deed of bust has by thii instrument been subordinated to the charge of the EASEMENTEASEMENTS in favor of Easement
3 05/21/96 Rev.
Grantee above referred to
Executed by the BENEFICIARY this 28 day of Executed by the OWNER this 2 day of May ,I 996 N br ,19%
BENEFICIARY:
SCRIPPS BANK /?
By:
Doug Evans
(name)
Executive ViEe President
By:
OWNER:
HOMES FOR INDUSTRY - CARLSBAD, LLC
BY: (authorized signature)
By:
(authorized signature)
(name)
(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,
CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDMDUAL TO ACT IN THIS MATTER.
UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDMDUAL SIGNING IN BEHALF OF THE
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
I
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD 95-211
4 05/21/96 Rev.
STATE OF CALIWRNIA I
ss.
COUNTY 1
On before me,
personally appeared 3&/w 3 GhSEie
NAME, TITLE OF OFFICER /
/ NAME@) OF SIGNER@)
0" OR - droved to me on the basis of satisfactory evidence to be the person@ whose name&
iskmrrubscribed to the within instrument and acknowledged to me that hekhilky executed the same in hishedtheif authorized
capacity@& and that by his/kerltkeir signaturefdon the instrument the personb or the entity upon behalf of which the
personicted. executed the instrument.
(This area for official notary seal.)
Y
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 95-21 1
OW1 4/95 Rev.
.. ..
STATE OF CALIFORNIA 1
personally appeared %OOj fl 5
NAME@) OF SIGNER(S)
donally known to me - OR - 0 proved to me on the bask of satisfactory evidence to be the person(s) whose name@)
'Ware subscribed to the within instrument and acknowledged to me that hekhelthey executed the same in hidherhheir authorized
capacityoes), and that by hisherhheir signature@) on the instrument the person($, or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
/7
&&NATURE OF NOTARY (This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 95-211
06/14/95 Rev.
181 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
l!&onally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name@) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature@) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reanachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~bt%dbrwLflb% &gee+&hX
Document Date: Number of Pages:
Signer($ Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer's Name:
0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
Title@):
0 Attornev-in-Fact
0 Trustee-
0 Guardian or Conservator
0 Other:
I I Signer Is Representing: I1 I
Signer's Name:
0 Individual
0 Corporate Officer
Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee.
0 Guardian or Conservator 0 Other:
I I
Signer Is Representing: I1 I
194 National Notary Asssociat~on * 8236 Remmet Aye., P.O. Box 7184 * Canogs Park CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-8W-876-1
EXHIBIT "A" 181 9
ALL THAT PORTION OF LOT 39 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DEGO, STATE OF CALIFORNIA, AS PER XIAP
NO I 1288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50
FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINMNG AT THE SOUTHEASTERLY CORNER OF SAID LOT 39, SAID POINT ALSO
BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF KELLOGG AVENUE (72.00
FEET WIDE); THENCE WESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE
OF SAID KELLOGG AVENUE SOUTH 80'25'04" WEST 14.03 FEET
KELLOGG AVENUE ALONG SAID CENTERLINE, NORTH 54'35'01" WEST 57.55 FEET;
THENCE NORTH 9'35'01" WEST 31.75 FEET; THENCE NORTH 54"35'01" WEST 28.28
FEET; THENCE SOUTH 80" 24'59" WEST 20.54 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 80'24'59" WEST 59.04
FEET TO A POINT HEREINAFER REFERRED TO AS POINT "8"; THENCE NORTH
14'35'01" WEST 56.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"C"; THENCE CONTINUINGNORTH 14"35'01" WEST 133.81 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH
14'35'01" WEST 16.03 FEET0 A POINT HEREINAFTER REFERRED TO AS POINT "E";
THENCE CONTINUING NORTH 14'35'01" WEST 31.32 FEET; THENCE SOUTH 75"24'59"
WEST 203.25 FEET TO A POINT OF TERMINATION ON THE WESTERLY LOT LINE OF
SAID LOT 39, SAID POINT BEING SOUTH 25"4717" EAST 44.98 FEET FROM THE
NORTHWESTERLY CORNER OF SAID LOT 39.
OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF
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 "A"; THENCE SOUTH 9'35'01" EAST
22.50 FEET TO A POINT OF TEWATION.
BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 14'35'01' EAST
24.85 FEET; THENCE SOUTH 75'24'59" WEST 23.37 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 75"24'59" WEST 60.63
FEET; THENCE NORTH 14'35'01" WEST 18.00 FEET TO A POINT OF TERMINATION.
PAGE 1 OF 2
CMWD 95-21 I
.I ,. , 1820 .. .. BEGINNlNG AT ABOVE MENTIONED POINT "C"; THENCE NORTH 75"24'59" EAST
22.00 FEET TO A POM OF TERMINATION.
BEGNWG AT ABOVE MENTIONED POINT "D"; THENCE NORTH 75"24'59" EAST
25 00 FEET TO A POINT OF TERMINATION.
.,
BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE SOUTH 75"24'59" WEST
26.23 FEET TO A POINT OF TERMINATION.
BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE NORTH 14"35'01" WEST
18.00 FEET TO A POlNT OF TERMINATION.
SEE EXHIBIT "B' ATTACHED HERETO.
SILLMAN I MAN, INC.
A
ON 12/31/1997
PAGE 2 OF 2
CMWD 95-21 I
WATERLINE EASEMENT PLAT
SILLMAN / WYMAN, INC
DWG NO. SAN DIEGO, CA. 92121
JOB NO.
DATE 5-08-96
3RN. MLS CK. BH'a CMWD 95-21 1 PHONE (619) 453-4320 FAX (619) 552-1563
6181 CORNERSTONE COURT, SUITE 101 9501 0-39
HOMES FOR INDUSTRY
2223 Avenida de la Playa
Phone (6191 551-5600 Fax I6191 551-5610 la lolla, CA 92037
May 9, 1996
- City of Carlsbad, CA.
I hereby authorize Dennis Glaser as an agent for Homes For Industry Culsbad, LLC to sign all
permits, agreements, and documents et all, as required in reference to Homes For Industry’s Lot
39 and Lot 40 of the Cdsbad Airport developments.
Anthony Hai v
HOMES FOR INDUSTRY - CARLSBAD, LLC
~