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HomeMy WebLinkAboutCT 85-24; Diversified Carlsbad 47 & 48 LLC; 1998-0458764; Easement’ . . f -7 ._ +- iw?20 -4. . . 1’, RECORDING REQUESTED BY ’ * Diversified Carlsbad 47 & 48, L.L.C. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: ;z- EXEMPT ’ C‘ Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) , .’ 128 Juh 2;(5!9 X.348 9: 35 fx”‘li nFFICIAL RECURDS Si?El DIEE;O CiUHTY RECORDEF:‘S OFFICE:: fjREGURY Jm SMITH? COUNTY ~~I~~~~E~~ FEES: 0.00 UC: #I Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carl&ad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No. 212-I 20-28 Project No. & Name 97-276, Lot 48, Carlsbad Tract 85-24. Carlsbad Research Center Unit 3 CARLSBAD MUNICIPAL WATER DISTRICT GRANT DEED OF WATER LINE EASEMENT DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California Limited Liability Company 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 1 O/20/97 Rev. , _- . . 129 - . ‘natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. Executed by the Grantor this\% 19% day of J!csL GRANTOR DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California Limited Liability Company . (name of grantor) (title of signatory) (sign here) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: JANE M LDI, Deputy General Counsel CMWD 97-276 1 O/20/97 Rev. p9.4 & \5 . I .’ I ? ,’ l STATE OF CALIFORNIA 1 COUNTY OF&d &%-O )ss. I DATE before me, EC// ncfk. A- Nc9++f+ B v /to 6 NAME AND TITLE OF OFFICER personally appeared NAME(S) 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) is/are 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(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 &%d- &ED dF hAXEf2 L//vE &ASErn~h,7 Date of Document +/s. 7x No. of Pages 7 Signer(s) other than named above CMWD 97-276 06/l 4/95 Rev. ’ . . _c 1 -a ‘~ . . . * 131 NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - is/are subscribed to the within instru authorized capacity(ies), and tha which the person(s) acted, exec is of satisfactory evidence to be the person(s) whose name(s) ed to me that he/she/they executed the same in his/her/their s) on the instrument the person(s), or the entity upon behalf of WITNESS my hand and official seal. \ (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above CMWD 97-276 08/l 4/95 Rev. 132 EXHIBIT “A” ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGG, STATE OF CALIFORNIA’ ACCORDING TO MAP THEREOF NO. 118 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL’BEARING TO SAID POINT BEARS NORTH 63’ 43’ 33” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15”01’45”, AN ARC DISTANCE OF 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 48”41’48” WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY, NORTH 39”06’09” WEST 39.46 FEET; THENCE NORTH 63”43’33” WEST 229.82 FEET; THENCE SOUTH 26’16’27” WEST32.00FEETTOTHESOUTHWESTERLYPROPERTYLINEOFSAIDLOT48;THENCE ALONG SAID PROPERTY LINE NORTH 63’43’33” WEST 20.00 FEET; THENCE NORTH 26’16’27” EAST 53.91 FEET; THENCE NORTH 40”05’59” EAST 344.09 FEET; THENCE N0RTH49”54’01”WEST8.04FEET;THENCEN0RTH40”05’59”EAST20.00FEET;THENCE S0UTH49”54’01”EAST 10.94FEET;THENCENORTH82”09’56”EAST 157.27FEETTOTHE EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12” 14’36” WEST 21.29 FEET; THENCE SOUTH 82’09’56” WEST 146.59 FEET; THENCE SOUTH 40’05’59” WEST 314.20 FEET; THENCE SOUTH 49”54’01” EAST 21.91 FEET; THENCE SOUTH 40’05’59” WEST 20.00 FEET; THENCE NORTH 49’54’01” WEST 21.91 FEET; THENCE SOUTH 40’05’59” WEST 16.04 FEET; THENCE SOUTH 63”43’33” EAST 234.06 FEET; THENCE SOUTH 39’06’09” EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29’30’31” WEST, THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A ,CENTR4L ANGLE OF 19” 11’17” AN ARC DISTANCE OF 20.09 FEET TO THE TRUE POINT .-:“ OF BEGINNING. SEE EXHIBIT “B” ATTACHED HERETO. JORGE H. PALACIOS,’ RCE 3203 1 Nti’loexba :. ~. . --.--A . . . C. % ,l;v.D. 97-276 .::’ ! ‘- -. . . _ _ ; *t MAP NO. 11810 SCALE I -=80’ CURVE TABLE :URVE RADIUS DELTA ARC LENGTH- Cl 60.00 19’ 11’17” 20.09’ WA TERLINE EASEMENT PLA T . . lptv au-/ao-g8 XLE i-=60’ JP ENGlNEEFtING, INC. JOB NO . 4lE: 9-19-97 4849 RONSON COURT, SUITE 105 470-97 SAN DIEGO, CA 92111 WG.+ NO. . ’ !AWN: Al APRVD: JP (619) 569-7377 FAX (619) 569-0830 C.M.W.D. /37-276 - .- - . r.; .., .- 1 ,* . f , 134 - CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated April 15 19 96from DIVERSIFIED CARLSBAD 47 & 48. L.L.C.. a California Limited I - Liabilitv ComDanv to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: June 5, 1998 / AWA L. &#@KRAl#( Secretary CMWD 97-269 KAREN R. KUNDTZ, Assxtant Secretary 11/03/97 Rev. RECORDING REQUESTED BY DIVERSIFIED CARLSBAD 47 & 48, L.L.C. 135. JUL 239 1998 9-35 AM %+Y DIEUI COUNTY AECORDER'S MFICE OFFICIEY. REliW3 WGaW J. SnITHs WUITY RECORDER FEES: 0.00 AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 ~ ~ Please record the document at no fee as it is to the F', 1, i i- benefit of the District (Gov. Code [6103].) I Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 212-120-28 PROJECT NO. 8 NAME: 97-276. Lot 48. Carlsbad Tract 85-24 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) 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 ATTACHES AND OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE THIS AGREEMENT, made this @day of @fl~i , 199, by DIVERSIFIED CARLSBAD 47 & 48, L.L.C.. a California Limited Liabilitv ComDany, owner of the land described and hereinafter referred to as "Owner," and CITY NATIONAL BANK, a National Bankina Association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH THAT WHEREAS, DIVERSIFIED CARLSBAD 47 & 48. L.L.C., a California Limited Liabilitv ComDanv did execute a deed of trust, dated Auaust 22, 1997 to CHICAGO TITLE COMPANY. a California CorDoration 10/20/97 Rev. .I 136 as trustee, to secure a note in the sum of Two Million. One Hundred Twentv-Six Thousand Dollare @2.126.000.00) dated August 22. 1997 in favor of CITY NATIONAL BANK. a National Bankina Association recorded in the office of the County Recorder of San Diego County on Auaust 29.1997 as File No. 1997420073 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated fi(Jf i \ i.5 \qq$, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A" & "6" 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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS 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. i 137 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 111 Ill Ill Ill Ill Ill 3 1 0120197 Rev. 138 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to: %X. d this z3@” day of /b& I CITY NATIONAL BANK a National Banking BENEFICIARY: DO*/& L ..r D;c/4;4sqfi (name) Its: l/l.ce Pres;&*t (title) By: (authorized signature) (name) Its: (title) this \ c day of k Q. 1L OWNER: DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California By: (authorized signature) (name) Its: (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: RONALD R. BALL. General Counsel By: CMWD 97-276 10/20/97 Rev. 4 139 STATE OF CALIFORNIA 1 personally appeared f%,// + f ~C~ANTL NAME(S) OF SIGNER@) personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@ whose name(pl is/& subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/W/thdr authorized capacity(ig6). and that by his/h@/th@ signature(pr on the instrument the person(N, or the entity upon behalf of which the person($ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal.) Title or Type of Document Subord,wAaoOn3 AQreemenf Date of Document #-/x- 9B NO. of Pages 8 Signer@) other than named above CMWD 97-276 06/14/95 Rev. .. 140 STATE OF CALIFORNIA 1 personally appeared Dduq(a5 s. 3iCk;flSofl d NAME@) OF SIGNER(S) personally known to me -(to be the person$$ whose name4 is/& subscribed to the within instrument and acknowledged to me that he/.$&& executed the same in his/t$&id authorized capacityd), and that by his/t&fT&d signatureHon the instrument the personw, or the entity upon behalf Of which the person(placted. executed the instrument. WITNESS my hand and official seal. I!” - dAA.4- (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document No. of Pages Sign+) other than named above 06/14/95 Rev. EXHIBIT ''A'' ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOW ACCORDING TO MAP THEREOF NO. 11810, FILED M THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 63 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL. ANGLE OF 15"01'45", AN ARC DISTANCE OF 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 48"41'48" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING, 39.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE SOUTH 26"16'27" WEST32.00FEETTOTHESOUTHWESTERLYPROPERTYLINEOFSAIDLOT48;THENCE ALONG SAID PROPERTY LINE NORTH 63"43'33" WEST 20.00 FEET; THENCE NORTH 26"16'27" EAST 53.91 FEET; THENCE NORTH 40'05'59" EAST 344.09 FEET; THENCE NORTH49"54'01"WEST8.04FEET;THENCENORTH40"05'59"EAST20.00FEET;THENCE SOUTH49"54'01"EAST 10.94FEET;THENCENORTH82"09'56"EAST 157.27FEETTOTHE EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12"1436" WEST 21.29 FEET; THENCE SOUTH 82"09'56" WEST 146.59 FEET; THENCE SOUTH 40"05'59" WEST 314.20 FEET; THENCE SOUTH 49"54'01" EAST 21.91 FEET; THENCE SOUTH 40"05'59" WEST 20.00 FEET; THENCE NORTH 49"54'01" WEST 21.91 FEET; THENCE SOUTH 40°05'59" WEST 16.04 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29'30'31" WEST, THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A CENTRALANGLEOF19'11'17"ANARCDISTANCEOF20.09FEETTOTHETRUEPOINT OF BEGINNING. SEE EXHIBIT "B ATTACHED HERETO. THE NORTHWESTERLY RIGJ3T-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 THENCE LEAVING SAID CURVE AND SAID RIGH'I"OF-WAY, NORTH 39"06'09" WEST SOUTH 39"06'09" EAST 43.82 FEET. TO THE NORTHERLY RIGHT-OF-WAY OF ' :a:' .I .- ..... . .. . . .. WA TERLINE EASEMENT PLA T :. ' APnr 2/2-/2og SCALE: 1.~60' JP ENGINEERING, INC JOB NO. ; !( $ 4849 RONMN COURT, SUITE 105 !, DATE: 9-19-97 SAN DIEGO. CA 92111 'I' I \ DRAW. AL APRVD: Jp (619) 569-7377 FAX (619) 569-0850 ... _" . . 143 DOC # 1998-0458766 RECORDING REQUESTED BY DIVERSIFIED CARLSBAD 47 8 48, L.L.C. AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad. California 92008 I / :: Please record the document at no fee as it is to the I: i benefit of the District (Gov. Code [6103].) I Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 212-120-28 PROJECT NO. & NAME: 97-276. Lot 48. Carlsbad Tract 65-24 Carlsbad Research Center Unit 3 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 &fi I , 19&. by DIVERSIFIED CARLSBAD 47 & 48, L.L.C.. a California Limited Liabilitv ComDany, owner of the land described and hereinafter referred to as "Owner," and CITY NATIONAL BANK, a National Bankina Association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH THAT WHEREAS, DIVERSIFIED CARLSBAD 47 8 48. L.L.C.. a California Limited Liabilitv ComDanv did execute a deed of trust, dated Auaust 22, 1997 to CHICAGO TITLE COMPANY. a California corDoration 10/20/97 Rev. . 1. '. .. 144 ' as trustee, to secure a note in the sum of Five Million Seven Hundred Thousand Dollars ~5.700.000.00) dated Auaust 22.1997 in favor of Citv National Bank. a National Bankina Association recorded in the office of the County Recorder of San Diego County on Auaust 29,1997 as File No. 1977-420074 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated Apv;\ \Ti 1598 in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A & "B attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENnEASEMENTS 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 EASEMENnEASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENnEASEMENTS 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. _. . . 145 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. .. .. 146 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to: BENEFICIARY: Association By: authorized signature) By: (authorized signature) (name) Its: (title) OWNER: DMRSIFIED CARLSBAD 47 8 48. L.L.C., a California (name) Its: . UaqQ- (tihe) By: (authorized signature) (name) Its: (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION 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. 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 ATTORNEYS WITH RESPECT THERETO. Approved as to form: RONALD R. BALL. General Counsel By: CMWD 97-276 10/20/97 Rev. 4 STATE OF CALIFORNIA 1 personally appeared b,// / An? P Ech6.a 7-r NAME@) OF SIGNER@) personally known to me - OR - '' proved to me on the basis of satisfactory evidence to be the person(sl whose name(rrf islad subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislheflttdr authorized capacity(i4, and that by hislherltheir signature(4 on the instrument the personM, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and ofticial seal. (This area for official notary seal.) Title or Type of Document 50bo~c/, N~~VEJ Ad/gGmEur Date of Document +/r. 78 NO. of Pages 8 Signer(s) other than named above CMWD 97-276 06/14/95 Rev. STATE OF CALIFORNIA 1 COUNTY OF TaI'rbarnik kss. I personally appeared >OLIQ/C~ J S . &iC&ASoJI u NAME@) OF SIGNER@) personally known to me ~iheAasistaebasisnt~ to be the person@ose named isldsubscribed to the within instrument and acknowledged to me that he/sj&Hexecuted the same in his/@t@ authorized capacity($). and that by his/@/&r signaturedon the instrument the personlkf: or the entity upon behalf of which the person$#$acted, executed the instrument. WITNESS my hand and official seal. dud& SIGNATURE 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 97-276 06/14/95 Rev. - .. .. - 149 EXHIBIT "A" ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1 18 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL' BEARING TO SAID POINT BEARS NORTH 63" 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"01'45", AN ARC DISTANCE OF 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LWE TO SAID POINT BEARS NORTH 48"41'48" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 39.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE SOUTH 26"16'27" WEST32.00FEETTOTHESOUTHWESTEIUYPROPERTYL~OFSAIDLOT48;THENCE ALONG SAID PROPERTY LINE NORTH 63"43'33" WEST 20.00 FEET; THENCE NORTH 26"16'27" EAST 53.91 FEET; THENCE NORTH 40"05'59" EAST 344.09 FEET; THENCE NORTH49"54'01"WEST8.04FEET;THEN~NORTH40"05'59"EAST20.00FEET;THENCE SOUTH49"54'01"EAST 10.94FEET;THENCENORTH82"09'56"EAST 157.27FEETTOTHE EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12" 14'36" WEST 21.29 FEET; THENCE SOUTH 82"09'56" WEST 146.59 FEET; THENCE SOUTH 40"05'59" WEST 314.20 FEET; THENCE SOUTH 49'54'01" EAST 21.91 FEET; THENCE SOUTH 40'05'59'' WEST 20.00 FEET; THENCE NORTH 49"54'01" WEST 21.91 FEET; THENCE SOUTH 40"05'59" WEST 16.04 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29"30'3 1" WEST, THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A . .CENTRALANGLEOF19"11'17"ANARCDISTANCEOF20.09FEETTOTHETR~POINT '." OF BEGINNING. THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY, NORTH 39'06'09" WEST SOUTH 39"06'09" EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SEE EXHIBIT "B" ATTACHED HERETO. A JORGE H. PALACIOS,' RCE 3203 1 .. . c. . C.M.W.D. e.:.., .~. .. ., 97-276 . . :>' ..,. - ..... . .. . 150 WA TERLINE EASEMENT PLA T APAl 2/2-/ao=?t =ALE: 1".60' JP ENGINEERING, INC 4849 RONSON COURT, SUITE 105 ' I I,[ 1 f 470-97 RAW: AL APRVD: Jp (619) 569-7377 FAX (619) 569-0830 C.M.W.D. b7-276 JOB NO. /I )ATE: 9-19-97 SAN OIEGO. CA 92111 &')WG.. NO. . ' ,.~ - , -. \. .- RECORDING REQUESTED BY DIVERSIFIED CARLSBAD 47 & 48, L.L.C. 151 DOC # 1998-0458767 JUL 23. 1938 9: 35 AM OFFICIAL MWRDS d?,: 5950 El Camino Real Carlsbad, California 92008 , ’ Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder’s use. ASSESSOR’S PARCEL NO. 212-120-28 PROJECT NO. & NAME: 97-276, Lot 48, Carlsbad Tract 85-24 Carlsbad Research Center Unit 3 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) 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 ATTACHES AND OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE THIS AGREEMENT, made this &day of , ,948 -9 by DIVERSIFIED CARLSBAD 47 & 48, L.L.C.. a California Limited Liabilitv ComDany. owner of the land described and hereinafter referred to as ”Owner,” and CITY NATIONAL BANK, a National banking association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, DIVERSIFIED CARLSBAD 47 & 48. L.L.C.. a California Limited Liabilitv ComDanv did execute a deed of trust, dated August 22, 1997 to CHICAGO TITLE COMPANY. a California CorDoration 10/20/97 Rev. . , 1. .. ', 152 . as trustee, to secure a note in the sum of Continaent Interest Deed of Trust ($Continttent Interest Deed of Trust) dated Auaust 22. 1997 in favor of CITY NATIONAL BANK. a National Bankina Association recorded in the Office Of the County Recorder of San Diego County on Auaust 29. 1997 as File No. 1997-420072 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated fi\ 15, \,418, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating ANiTHE EASEMENnEASEMENTS more particularly described in EXHIBIT/EXHIBITS "A & "B attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENTlEASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT/EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENnEASEMENTS 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 EASEMENnEASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1, That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENTlEASEMENTS above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the 2 10/20/97 Rev. . .. i i. 153 .F ' 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 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 111 Ill Ill Ill Ill Ill 3 10120/97 Rev. 154 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to: Exe ed thls Z3rd day of Apr I 19 x. CITY NATIONAL BANK, a National Banking BENEFICIARY: v- ,(a-uth&riz~d signature) . DougI4r s 4,)/'Cki~pq (name) Its: Pres t (title) By: (authorized signature) (name) Its: (title) Executed this \< day of b?e\( 19s. OWNER: DIKRSIFIED CARLSBAD 47 & 48, L.L.C., a California By: (authorized signature) (name) Its: (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: RONALD R. BALL, General Counsel By: CMWD 97-276 10/20/97 Rev. 4 . _. .. 155 STATE OF CALIFORNIA 1 COUNTY OF 59,~ lss personally appeared h, //I U7-n f ECt/*d TL NAME@) OF SIGNER@) personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the persan(s) 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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Title or Type of Document 'OrcfI EI cFT,q T- Date of Document 4-/r - 9 8 NO. of Pages Y Signer(s) other than named above CMWD 97-276 06/14/95 Rev. 156 STATE OF CALIFORNIA 1 personally appeared hu 4IQ.S 2 . 'bi C&Akld NAME@) OF SIGNER@) personally known to me vv to be the person( whose name($ islydsubscribed to the within instrument and acknowledged to me that hel@tiy$executed the same in hisfllthpff authorized capacity(i& and that by hislt&$i&signature($ on the instrument the person& or the entity upon behalf of which the persond) acted, executed the instrument. 9r WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer@) other than named above 06/14/95 Rev. ., . . . .* \ 157 EXHIBIT "A" ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL4, ACCORDING TO MAP THEREOF NO. 1 18 10, FEED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINMNG AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 63" 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"01'45", AN ARC DISTANCE OF 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LE% TO SAID POINT BEARS NORTH 48"41'48" WEST, SAID POINT BEING THE TRUE POINT OF BEGINMNG; 39.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE SOUTH 26"16'27" WEST32.00FEETTOTHESOUTHWESTERLYPROPERTYLINEOFSAIDLOT48;THENCE ALONG SAID PROPERTY LINE NORTH 63"43'33" WEST 20.00 FEET; THENCE NORTH 26"16'27" EAST 53.91 FEET; THENCE NORTH 40"05'59" EAST 344.09 FEET; THENCE NORTH49"54'01"WEST8.04FEET;THENCENORTH40"05'59"EAST20.00FEET;THENCE SOUTH49"54'01"EAST 10.94FEET;THENCENORTH82'09'56''EAST 157.27FEETTOTHE EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12"14'36" WEST 21.29 FEET; THENCE SOUTH 82'09'56" WEST 146.59 FEET; THENCE SOUTH 40"05'59" WEST 314.20 FEET; THENCE SOUTH 49"54'01" EAST 21.91 FEET; THENCE SOUTH 40'05'59" WEST 20.00 FEET; THENCE NORTH 49"54'01" WEST 21.91 FEET; THENCE SOUTH 40"05'59" WEST 16.04 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29"30'3 1" WEST, THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A ,CENTRALANGLEOF19"11'17"ANARCDISTANCEOF20.09FEETTOTHETRUEPOINT THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 THENCE LEAVING SAID CURVE AND SAID RIGm-OF-WAY, .NORTH 39"06'09" WEST SOUTH 39'06'09" EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF .-;.' OF BEGIMYING. SEE EXHIBIT "B" ATTACHED HERETO JORGE H. PALACIOS,. RCE 3203 1 Ndmaha .. . !,. . .. C.h$$':D. .. 97-276 WA TERLINE EASEMENT PLA T “-Ti] APAJ 2/2-/2og SCALE: 1’40’ &Jog, NO. w Jp ENGINEERING, INC. ., DATE: 9-19-97 4849 RONSON COURT, SUIE 105 SAN OIEGO. CA 92111 *.!;j. Lf Qy3 470-97 DRAWN: AL APRVD: JP (619) 569-7377 FAX (619) 569-0830 WG.* NO. , . C.M.WA. bl-276 -,