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HomeMy WebLinkAboutCT 85-24; CRC Project One, LP; 1998-0053353; Easement00?.!20 RECORENG REQUESTED BY CPC PROJECT ONE 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].) ;i lBE # 1998-0053353 Feb 02. 1998 4-00 PPi s1w DIEGO cou(Ty REMRDER'S OFFICE OFFICIlY REm FEES: 0.00 oc: NA ,1131 GREGoRl J. SIIIM, wu(Ty TIEUIWIER I Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is SO.00 Assessor's Parcel No. 212-130-25 Project No. & Name 96-222. Lots 99 B 100. ( ) computed on full value of property conveyed, or MaD 12815. Carlsbad Tract 85-24. Carlsbad ( ) computed on full value less value of liens and Research Center Unit 5 .. encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. ( ) Unincorporated area: (x) City of Carlsbad , and A&. (7& - ?"-- WILLIAM E. PLUMMER, District Engineer GRANT DEED OF WATER LINE EASEMENT CRC PROJECT ONE 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. 11 32 .<, ._ ' natural and other,forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking 'I, . 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 /6iR day of 19z. GRANTOR CRC PROJECT ONE, L.P., a California limited partnership Casolidated Ins. a n here) frreas. of Hmam mlichtd, Ins., a axpatirn, @ partrer (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.) execute this instrument.) (If signed by an individual partner, the partnership must attach APPROVED AS TO FORM: RONALD R. BALL B Jacob Brouwer Co-Trustee of the Jacob and Jeanette CMWD 96-222 Brouwer Declaration of Trust dated 2 5/11/17. 10/20/97 Rev. EXHIBIT "A" *. .I I ALL THAT PORTION OF LOTS 99 AND 100 OF CARLSBAD TRACT NO. 85- 24, UNIT NO. 5, IN ' THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF STATE OF CALIFORNIA, AS PER MAP NO. 12815 RECORDED IN THE OFFICE LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: CORNER BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 100, SAID TO WHICH BEARS NORTH 82°30'00" WEST), SAID CURVE BEING THE SOUTHEASTERLY HAVING A RADIUS OF 436.00 FEET (A RADIAL LINE NORTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE (72.00 FEET AND SAID RIGHT-OF-WAY LINE NORTHEASTERLY ALONG SAID CURVE 184.76 FEET THROUGH A CENTRAL ANGLE OF 24 1 6 ' 46" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE AND RIGHT- OF-WAY LINE ALONG SAID CENTERLINE, NORTH 58'13'14'' WEST 77.46 FEET; THENCE NORTH 78'55'20'' WEST 57.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 11°04'40" EAST 331.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT NORTH 56°04'40" EAST 75.16 FEET; THENCE SOUTH 78'55'20'' EAST "B"; THENCE CONTINUING NORTH 11°04'40" EAST 36.03 FEET; THENCE HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 134.00 FEET; THENCE SOUTH 10'39'48'' EAST 64.00 FEET TO A POINT 10°39'48" EAST 190.62 FEET TO THE BEGINNING OF A NON-TANGENT A RADIAL LINE TO WHICH BEARS NORTH 23'55'35'' WEST; THENCE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 446.00 FEET, ANGLE OF 8"41 '10"; THENCE ON A RADIAL BEARING SOUTH 32'36'45'' SOUTHWESTERLY ALONG SAID CURVE 67.61 FEET THROUGH A CENTRAL EAST 10.00 FEET TO SAID SOUTHEASTERLY LINE AND RIGHT-OF-WAY LINE. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. WIDE); THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 100 ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH 78'55'20'' WEST 14.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 78O55'20" WEST 18.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 79'20'12'' EAST 33.00 FEET TO A POINT OF TERMINATION. I .. . STATE OF CALIFORNIA 1 COUNTY OF S n Vl'ep lss. personally known to me - 20 be the person@) whose name@) idare subscribed to the within instrument and acknowledged to me that b&?e/they executed the same in.ks&?r/their authorized capacity(ies), and that by hisiTSr/their signature(s) 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. n (This area for official notary seal.) CMWD 96-222 06/14/95 Rev. CERTIFICATION FOR ACCEPTANCE OF DEED 36 This is to certify that the interest in real property conveyed by the grant deed of easement, dated /g/d , 19Lz from CRC PROJECT ONE 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. CMWD 96-222 llQaL/L ALETHA L. RAUTENKRANZ, Secretary 11/03/97 Rev. .. '. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of rm 6, On 12-10.97 before me, Au?;kc &C, u0k2vy PkblI'L I personally appeared -% TUCob ~YOUIMf'i mersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by Date Name and ntls ol%f&(e.s., "Jane Doe, Nolaw Public") NamW of Signer(%) ANllA J. ffiTJE Notow Public - Colifomla B Comrnisw'on#107(UOJ 5 hidherltheir signature(s) on the instrument the person(sj, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 01 this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer Partner - 0 Limited 0 General Title(s): 0 Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: ib here I I I Signer Is Representing: 0 Individual 0 Corporate Officer 13 Partner - 0 Limited 0 General Title@): 7 Attorney-in-Fact II] Trustee 3 Guardian or Conservator 3 Other: Signer Is Representing: I I 00,?!2t ,! 1138 RECORDING REQUESTED BY CRC PROJECT ONE L.P., a California limited partnership AND WHEN RECORDED, PLEASE MAIL TO DOC St 1998-0053354 FEB 029 1998 4-00 PM Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 ,.f. ,; 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. ms: 0.00 i /’ ASSESSOR’S PARCEL NO. 212-130-25 PROJECT NO. &NAME: 96-222. Lots 99 8 100, MaD 12815. Carlsbad Tract 85-24. Carlsbad Research Center Unit 5 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT AlTACHES 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 /d-day of 36Cg,FSt@ , 19=, by CRC PROJECT ONE L.P.. a k California limited DartnershiD, owner of the land described and hereinafter referred to as “Owner,” and THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corDoration, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, CRC PROJECT ONE LP. a California limited DartnerShiD did execute a deed of trust, dated March 6, 1997 to FIRST AMERICAN TITLE INSURANCE COMPANY. a corooratlon. 10/20/97 Rev. -. I_ .. . .. -as trustee, to secure a note in the sum of Two Million. Eight Hundred Thousand Dollars @2.800.000.00) dated March 6.1997 in favor of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA. a New York comoration recorded in the office of the County Recorder of San Diego County on March 6. 1997 as File No. 1997-0100080 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated &Nrkf' 10, Iqy? in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating ANiTHE EASEMENnEASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A & "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 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 EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENTIEASEMENTS 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 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 2 10/20/97 Rev. .. .. lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENTIEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described BENEFICIARY declares, agrees and acknowledges that: 1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS WARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination; and Ill Ill Ill Ill Ill Ill Ill 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 EASEMENnEASEMENTS in favor of Easement Grantee above referred to: Executed this !vd day of Executed this 10 day of~r.Pmdek , 1 g-. 19a. BENEFICIARY: OWNER: THE GUARDIAN LIFE INSURANCE COMPANY OF a California limited seC./Treas. of bra- Cmd.i&M, Im., a Its: Vice President & Coruorate Secretary Its: Califomia cnqx (title) ratim, e partrer (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 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 MAlTER. NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST 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: Jacob Brouwer JANE ALDI. deputy General Counsel (name ) Jacob Brouwer Co-Rustee ~~~~96-222 of the Jacob & Jeanette Brouwer Declaration 10/20/97 Rev. 4 dated 5llllll. ALL THAT PORTION OF LOTS 99 AND loo OF CARLSBAD TRACT NO. a5- STATE OF CALIFORNIA, AS PER MAP NO. 12815 RECORDED IN THE OFFICE 24, UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF LAND 20 -00 FEET WIDE, LYING 10 .OO FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 100, SAID CORNER BEING THE SOUTHERLY TERMINUS OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 436.00 FEET (A RADIAL LINE NORTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE (72.00 FEET TO WHICH BEARS NORTH a2°3010011 WEST), SAID CURVE BEING THE AND SAID RIGHT-OF-WAY LINE NORTHEASTERLY ALONG SAID CURVE 184.76 WIDE); THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 100 FEET THROUGH A CENTRAL ANGLE OF 24O 16 '46" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE AND RIGHT- OF-WAY LINE ALONG SAID CENTERLINE, NORTH 58'13'14'' WEST 77.46 HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH ll"O4'40" EAST 331.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 11 O04'40" EAST 36.03 FEET; THENCE FEET; THENCE NORTH 7a055'20" WEST 57.00 FEET TO A POINT NORTH 56°04'40" EAST 75-16 FEET; THENCE SOUTH 7a055'2o1' EAST 134.00 FEET; THENCE SOUTH 10039'4a~~ EAST 64.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH lOO39'48" EAST 190.62 FEET TO THE BEGINNING OF A NON-TANGENT '* A RADIAL LINE TO WHICH BEARS NORTH 23"55'35" WEST; THENCE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 446.00 FEET, SOUTHWESTERLY ALONG SAID CURVE 67.61 FEET THROUGH A CENTRAL ANGLE OF 8O41'10"; THENCE ON A RADIAL BEARING SOUTH 32'36'45'' EAST 10.00 FEET TO SAID SOUTHEASTERLY LINE AND RIGHT-OF-WAY LINE. 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 NORTH 78O55'20" WEST 14.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 7a055'20" WEST 18.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE NORTH 79°20'12" EAST 33.00 FEET TO A POINT OF TERMINATION. \ l STATE OF CALIFORNIA 1 lss. COUNTYOF Sa@ DieGo personally known to me - wto be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that he/ske/they executed the same iwhislherltheir authorized capacity(ies), and that by-heir 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.) TitleorTypeofDocument3O!hPd;&idn AC?L'.3P).nPMb Dateof Document 1 &//0/97 No. of Pages 6 Signer@) otherthan named above 7-h P GVLLP&'~.U Li-fe Z'fisumMce Com,oa~v o,Arnprl'fa CMWD 96-222 06/14/95 Rev. .. . i. STATE OF 1 COUNTY OF .&Err/ vUL?f. ISS. I On /$/@Afore me. DATE NAME AND TITLE OF OFFICER personally appeared NAME@) OF SIGNER(S) personally known to me - OR - ” proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislhedtheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIlNESS my hand and official seal. Natafy Public, Sum of New York MARlAtmBELMACHADO MlRdinKi*cMlmy No. 4808179 annmwnwrmJulya1, I& SIGNATURE OF NOTARY (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 06/14/95 Rev. ,. ' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of f/l/a, ,1146 County of 3, em On )a--/o.ql ' before me, -k/s+f, ;Uok{y PublJL , personally appeared TaCob 0fWw mersonally known to me -OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by or the entity upon behalf of which the person(s) acted, his/her/their signature@) on the instrument the person@), executed the instrument. WITNESS my hand and official seal. Date Name and Tifle of On?& (e.$ 'Jane Doe. Notary Public") Name(*) (11 signer@) OPTIONAL Though lhe informalion below is no1 required by law, it may prove valuable lo persons relying on the documenf and could prevent fraudulent removal and reanachmenl of this form lo anolher document Description of Attached Document Title or Type of Document: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title@): 13 Partner - 0 Limited 0 General 0 Attornev-in-Fact 0 Trustek 0 Guardian or Conselvator 0 Other: Signer Is Representing: I I Signer's Name: Individual 3 Corporate Officer Title@): 3 Partner - 0 Limited 0 General 7 Attornev-in-Fact 7 Trustee- 3 Guardian or Conselvator 3 Other: I I Signer Is Representing: II I I