HomeMy WebLinkAboutCT 85-24; Diversified Carlsbad 47 & 48, LLC; 1998-0360452; Easement?C?234
, ECORDING REQUESTED BY
6'- Diversified Carlsbad 47 8 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:
I EXEMPT
i;.
.I
Please record the document at no
'' ' fee as it is to the benefit of the
District (Gov. Code [6103].)
1248
DOC # 1998-0360452
Jun 15. 1998 9:50 AM
Space above this line for Recorder's use.
The undersigned grantor@) declare(s): Assessor's Parcel No. 212-120-29
Documentary transfer tax is $o.oO Project No. 8 Name 97-276. Lot 47, Carlsbad
( ) computed on full value of property conveyed, or Tract 85-24. Carlsbad Research Center, Unit 3 ( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
CARLSBAD MUNICIPAL WATER DISTRICT
/PA"
WILLIAM E. PLUMMER. District Engineer
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 10/20/97 Rev.
. .' i
' 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
andlor 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
by the Grantor this e day of &?e \I r
GRANTOR
a California Limited Liability Company
DIVERSIFIED CARLSBAD 47 & 48, L.L.C.,
,, (name of grantor)
B
--4%(bWL
(title of signatory)
(Notarial acknowledgement of execution (
By:
(sign here)
(title of signatory)
If 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:
2
CMWD 97-276
10120197 Rev.
1250
STATE OF CALIFORNIA 1
personally appeared h,//t a M p 7s ch.4~72
NAME(S) OF SIGNER@)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person(& whose namew
isla'e subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislhetltpcir
authorized capacity(i@). and that by his/tpt/tHir signaturem on the instrument the person@), or the entity upon behalf of
which the personp) acted, executed the instrument.
WITNESS my hand and official seal COMM. I 1 iMbI8
SAN @EO0 COUMY
(This area for official notary seal.)
I Date of Document 4-15> 9 No. of Pages I I Sign+) other than named above I
CMWD 97-276
06/14/95 Rev.
1251
EXHIBIT "A"
ALL THAT PORTION OF LOT 47 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:
BEGMNMG ON THE SOUTHWESTERLY CORNER OF SAID LOT 47, SAJD POINT BElNG
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 89" 19' 21" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07" 40' 06", AN ARC DISTANCE OF 8.03 FEET TO A
POINT ON SAID CURVE, BEING A RADIAL LINE TO SAID POINT BEARS NORTH
83"00'33" EAST. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
LEAWNGSAIDARCANDRIGHT-OF-WAY,SOUTH89" 19'21"EAST25,99FEET;THENCE
NORTH 45'40'39" EAST 33.94 FEET; THENCE SOUTH 89"19'21" EAST 169.38 FEET;
THENCE NORTH 45"40'39" EAST 43.64 FEET; THENCE NORTH OO"40'39" EAST 419.28
FEET;THENCESOUTH89"18'58"EAST4.50FEET;THENCENORTH00"40'39"EAST20.00
FEET; THENCE NORTH 89"18'58" WEST 195.86 FEET; THENCE SOUTJ3 82"09'56" WEST
16.15 FEET TO THE WESTERLY PROPERTY LINE OF SAID LOT 47; THENCE ALONG
SAID PROPERTY LINE SOUTH 12"14'36" WEST 21.29 FEET; THENCE NORTH 82"09'56"
EAST 16.15 FEET; THENCE SOUTH 89"18'58" EAST 169.87 FEET; THENCE SOUTH
OO"40'39" WEST 411.00 FEET; THENCE SOUTH 45"40'39" WEST 3.11 FEET; THENCE
NORTH 44"19'21" WEST 12.87 FEET; THENCE SOUTH 45"40'39" WEST 20.00 FEET;
THENCESOUTH44"19'21"EAST12.87FEET;THENCESOUTH45"40'39"EAST3.97FEET;
THENCE NORTH 89"19'21" WEST 169.38 FEET; THENCE SOUTH 45"40'39" WEST 33.94
FEET; THENCE NORTH 89" 19'21" WEST 24.1 1 FEET TO A POINT ON THE EASTERLY
CONCAVE SOUTHWESTERLY, ARADIAL LINE TO SAID POINT BEARS NORTH62"S 1'09"
EAST, THENCE SOUTHERLY ALONG THE SAID ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 20"09'24" AN ARC LENGTH OF 21.11 FEET TO THE TRUE POINT
OF BEGINNING.
ON THE SOUTHEASTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE
EXHIBIT 'B'
WA TERLINE EASEMENT PLA T A p/Ut/il.120-2: .. . - .* .i ~.
CAE 1'=60' Jp ENGINEERING, INC. . i lil
4849 RONSON COURT, SUITE 105 ,-,::, i
" -
" -7 SAN DIEGO. CA
490-97
IAE 9-19-9 92111
IRAWN: AL APRVD: JP I
1253 CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certiv that the interest in real property conveyed by the grant deed of easement, dated
April 15 , 19%. from DIVERSIFIED CARLSBAD 47 8 48. L.L.C.. a California Limited
Liabilitv ComDany to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the
Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent
on behalf of the Carlsbad Municipal Water District, Carlsbad. California, pursuant to authority conferred by
Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the
grantee consents to recordation thereof by its duly authorized officer.
CMWD 97-269
KAREN R. KUNDTZ,%sistant Secretary "
11/03/97 Rev.
SUN 15. 1998 9:50 FItl
RECORDING REQUESTED BY
DIVERSIFIED CARLSBAD 47 & 48, L.L.C.
sIy( DIEGO [XUNTY REKRDER’S OFFICE CFFICIAL RECORE
FEES: 0.00 1254 GREWRY J. SHIM, WTY fgWR
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
, benefit of the District (Gov. Code [6103].)
~ i 2 Please record the document at no fee as it is to the
. .. ,
Space above this line for Recorder’s use.
ASSESSOR’S PARCEL NO. 212-120-29
PROJECT NO. & NAME:
Tract 85-24. Carlsbad Research Center Unit 3
97-276. Lot 47, Carlsbad
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
OF YOUR SECURITY INTEREST.
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this may of kc\ \ , 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 & 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.
as trustee, to secure a note in the sum of Continaent Interest Deed of Trust 6Continaent 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
A@\ 6,1490, 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 EXHlBlT/EXHlBlTS "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 EASEMENnEASEMENTS 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 EASEMENT/EASEMENTS 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 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.
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 EASEMENT1EASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTlEASEMENTS 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
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3 10120197 Rev.
i 1257
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:
Exec ed thls z%CL day of 1
19&.
BENEFICIARY:
CITY NATIONAL BANK. a National Banking
By:
(authorized signature)
(name)
Its:
(title)
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: JANp,dfk& OBALDI. Deputy General Counsel
CMWD 97-276
10/20/97 Rev. 4
1258
STATE OF CALIFORNIA 1
personally appeared hI//, fin? f Z~hfi,u TL
NAME@) OF SIGNER(S)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@ whose nameldj
is/& subscribed to the within instrument and acknowledged to me that he/sM/thefl executed the same in his/heT/thelr
authorized capacity(@). and that by his/hef/ththeir signature(pj on the instrument the person(4, or the entity upon behalf of
which the person(d) acted, executed the instrument.
WITNESS my hand and official seal.
/'STGNATWE OF NOTARY
- (This area for official notary seal.)
Title or Type of Document 5UbO rd/ t/.& A 6k66flEu7
Date of Document y-1 14' 5' 8 NO. of Pages 8
Signer(s) other than named above
CMWD 97-276
06/14/95 Rev.
1259
STATE OF CALIFORNIA 1
personally appeared ~LAQ lac; 5.3; CL, 0 son
NAME(S) OF SIGNER(S)
personally known to me "'lpmved to me on to be the person whose name
is/&subscribed to the within instrument and acknowledged to me that he/#/tb& executed the same in his/&?
authorized capacity(@, and that by his/Mr signature(#on the instrument the person@, or the entity upon behalf of
F 9
which the person$acted, executed the instrument.
WITNESS my hand and official seal,
,!&UI"A
SIGNATURE OF NOTARY
Commission# 1C81611
Lo3 Angsles County
WA GRAHAM i Notory Public "Colnornio f
MY Cornrn.EYpKes Dec 25,IPW 1
(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.
1260
EXHIBIT "A"
ALL THAT PORTION OF LOT 47 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:
BEGMNING ON THE SOUTHWESTERLY CORNEROF SAID LOT 47, SAID POINT BEING
ON THE SOUTHEASTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 89" 19' 21" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07" 40' 06", AN ARC DISTANCE OF 8.03 FEET TO A
POINT ON SAID CURVE, BEING A RADIAL LINE TO SAID POINT BEARS NORTH
83"00'33" EAST. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVINGSAIDARCANDRIGHT-OF-WAY,SOUTH89" 19'2l"EAST25,99FEET;THENCE
NORTH 45"40'39" EAST 33.94 FEET; THENCE SOUTH 89"19'21" EAST 169.38 FEET;
THENCE NORTH 45"40'39" EAST 43.64 FEET; THENCE NORTH OO"40'39" EAST 419.28
FEET;THENCESOUTH89"18'58"EAST4.50FEET;THENCENORTH00"40'39"EAST20.00
FEET; THENCE NORTH 89"18'58" WEST 195.86 FEET; THENCE SOUTH 82"09'56" WEST
16.15 FEET TO THE WESTERLY PROPERTY LINE OF SAID LOT 47; THENCE ALONG
SAID PROPERTY LINE SOUTH 12"14'36" WEST 21.29 FEET; THENCE NORTH 82"09'56"
EAST 16.15 FEET; THENCE SOUTH 89"18'58" EAST 169.87 FEET; THENCE SOUTH
OO"40'39" WEST 411.00 FEET; THENCE SOUTH 45"40'39" WEST 3.1 1 FEET; THENCE
NORTH 44"19'21" WEST 12.87 FEET; THENCE SOUTH 45"40'39" WEST 20.00 FEET;
THENCE SOUTH44"19'21"EAST 12.87FEET; THENCE SOUTH45"40'39"EAST 3.97FEET;
THENCE NORTH 89"19'21" WEST 169.38 FEET; THENCE SOUTH 45"40'39" WEST 33.94
FEET; THENCE NORTH 89" 19'21" WEST 24.1 1 FEET TO A POINT ON THE EASTERLY
CONCAVESOUTHWESTERLY,ARADIALLINETOSAIDPOINTBEARSNORTH62"51'09"
EAST, THENCE SOUTHERLY ALONG THE SAID ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 20"09'24" AN ARC LENGTH OF 21.1 1 FEET TO THE TRUE POINT
OF BEGINNING.
RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE
SEE EXHIBIT "B" ATTACHED HERETO,
, ,@4
JORGE H. PALACIOS, RCE 3203 1
..
/ MAP NO. 85-24 UNI
EXHIBIT '8'
WA ERLINE EASEMENT PLA T A p#~~la?/20'2: ..
iCAE 1'=60' Jp ENGINEERING INC. <:.:'.,:, ;'.&70-97 )ATE: 9-19-97
)RAW: AL APRM): JP (619) 569-7377 FAX (619) 569-0830 .. c. 95. ;: 97-27t 0W.J SAN DIEGO, CA 92111
. ! ?. i\ ..
4849 RONSON COURT, WIT€ 105
,. .. 1 -
., .I".- .- . . ,.
, JUN 15. 1998 9:50 eM
!QUESTED BY iRLSBAD 47 & 48. L.L.C. I
AND WHEN RECORDED, PLEASE MAIL TO I FEES: 0.00
Carlsbad Municipal Water District
5950 El Camino Real
. , Carlsbad, California 92008
7 i>
ii a . 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. 212-120-29
PROJECT NO. 8 NAME: 97-276, Lot 47. 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
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
OF YOUR SECURITY INTEREST.
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this & day of 4.; I , 19 - 48, by DIVERSIFIED CARLSBAD 47 8 48,
L.L.C.. a California Limited Liabilitv Company, owner of the land described and hereinafter referred to as “Owner,”
and CITY NATIONAL BANK. a National Bankina CorDoration, 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, 19s to CHICAGO TITLE COMPANY. a California CorDoration
10/20/97 Rev.
. ..
' as trustee, to secure a note in the sum of Two Million. One Hundred TwentvSix Thousand Dollars
~$2.126.000.00) 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. 1997-420073 of
Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated
A~?I\ (5; jqc\%, 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 & "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 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 EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENTlEASEMENTS in favor of Easement Grantee shall unconditionally be and remain
at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above
mentioned.
2. That Easement Grantee would not accept said EASEMENT/EASEMENTS above described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
2 10/20/97 Rev.
.I
* i
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
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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 EASEMENT/EASEMENTS in favor of
Easement Grantee above referred to:
this Z3rd day of A pn \
BENEFICIARY:
CITY NATIONAL BANK, a National Banking
Aauthorized signature)
(authorized signature)
(name)
Its:
(title)
Executed this \ day of he\<
1998.
OWNER:
DIVERSIFIED CARLSBAD 47 8 48, L.L.C., a California
Its: W-6-
(title)
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
STATE OF CALIFORNIA 1
personally appeared k'/ .f fichAuTr
NAME(S) OF SIGNER@)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@ whose name(6
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislheflthelr
authorized capacity(id), and that by his/h$r/tiy!ir signature(%) on the instrument the person(s.r. or the entity upon behalf of
which the person(9 acted, executed the instrument
WITNESS my hand and official seal
; -6- BELINDABURNS
(This area for official notary seal.)
Title or Type of Document &hord;fln fi Agi'@Emeflf
Date of Document 4- 1 f No. of Pages
Signer(s) other than named above
P
06/14/95 Rev.
STATE OF CALIFORNIA 1
personally appeared &u 4 Iff 5 5 . DiC &h
NAME(S) OF SIGNER@)
PerSonally known to me 2 to be the person@ whose name($
is/& subscribed to the within instrument and acknowledged to me that he/s~/ti-#y executed the Same in his/&#&&
authorized capacity(iedf. and that by his/M/&%r signatureM on the instrument the person@), or the entity upon behalf of
which the personwacted, executed the instrument.
WITNESS my hand and official seal
BLPdd-
SIGNATURE OF NOTARY
DIANA GRAHAM ComkslonU l(181611 t ~otary Public -anomla f
MyComrn.EXpires Dee '25.1999 1 z La Angela County
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 97-276
06/14/95 Rev.
EXHIBIT "A"
ALL THAT PORTION OF LOT 47 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO I" THEREOF NO. 1 18 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHWESTERLY CORNER OF SAID LOT 47, SAID POINT BEING
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 89" 19' 21" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07" 40' 06", AN ARC DISTANCE OF 8.03 FEET TO A
POINT ON SAID CURVE, BEING A RADIAL LINE TO SAID POINT BEARS NORTH
83"00'33" EAST. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVINGSAIDARCANDRIGHT-OF-WAY,SOUTH89" 19'21"EAST25,99FEET;THENCE
NORTH 45"40'39" EAST 33.94 FEET; THENCE SOUTH 89"19'21" EAST 169.38 FEET;
THENCE NORTH 45"40'39" EAST 43.64 FEET; THENCE NORTH OO"40'39" EAST 419.28
FEET;THENCESOUTH89"18'58"EAST4.50FEET;THENCENORTH00"40'39"EAST20.00
FEET; THENCE NORTH 89"18'58" WEST 195.86 FEET; THENCE SOUTH 82"09'56" WEST
16.15 FEET TO THE WESTERLY PROPERTY LINE OF SAID LOT 47; THENCE ALONG
SAID PROPERTY LINE SOUTH 12"14'36" WEST 21.29 FEET; THENCE NORTH 82"09'56"
EAST 16.15 FEET; THENCE SOUTH 89"18'58" EAST 169.87 FEET; THENCE SOUTH
OO"40'39" WEST 41 1.00 FEET; THENCE SOUTH 45"40'39" WEST 3.11 FEET; THENCE
NORTH 44"19'21" WEST 12.87 FEET; THENCE SOUTH 45"40'39" WEST 20.00 FEET;
THENCE SOUTH 44"19'21" EAST 12.87FEET; THENCE SOUTH 45"40'39" EAST 3.97 FEET;
THENCE NORTH 89"19'21" WEST 169.38 FEET; THENCE SOUTH 45"40'39" WEST 33.94
FEET; THENCE NORTH 89" 19'21" WEST 24.1 1 FEET TO A POINT ON THE EASTERLY
CONCAVESOUTHWESTERLY,ARADIALLlNETOSAIDPOINTBEARSNORTH62"51'09"
EAST, THENCE SOUTHERLY ALONG THE SAID ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 20"09'24" AN ARC LENGTH OF 2 1.1 1 FEET TO THE TRUE POINT
OF BEGINNING.
ON THE SOUTHEASTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE
SEE EXHIBIT "B ATTACHED HERETO.
No. 32031
JORGE H. PALACIOS, RCE 3203 1 1m1m
C.M.W.D. 97-276
~~~ ~~~~ ~~~ ~ ~~
WA TERLINE EASEMENT PLA T A fW"719-$20-25
:ALE: 1'=60'
?Ah?+ AL APRMI: JP (619) 569-7377 FAX (619) 569-0830 "5. . _. /. 97-27E
Jp ENGINEERING, INC. . , 'I\
4849 RONSON COURT, SUITE 105
SAN DIEGO, CA 92111
,:,? i ;(470-97 41E: 9-19-97
*_ DWJi .. . .
.. ..
1270
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
!
: ' benefit of the District (Gov. Code [6103].)
I- Please record the document at no fee as it is to the
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 212-120-29
PROJECT NO. & NAME: 97-276. Lot 47. 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
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 && , 19&. by DIVERSIFIED CARLSBAD 47 8 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, DIVERSIFED 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.
1271
. as trustee, to secure a note in the sum of Five Million, Seven Hundred Thousand Dollars
~$5,700,000.00) dated August 22. 1997 in favor of CITY NATIONAL BANK, a National Banking Association recorded
in the office of the County Recorder of San Diego County on August 29. 1997 as File No. 1997-420074 of Official Records
of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT1EASEMENTS dated
&\ \5 ! \r?%, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating AN/THE EASEMENT1EASEMENTS more particularly described in EXHIBIT1EXHIBITS "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 EASEMENT1EASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENT1EASEMENTS and Beneficiary is willing that the grant of EASEMENT1EASEMENTS 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 EASEMENTEASEMENTS 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 10120197 Rev.
1272
. 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.
1273
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:
CITY NATIONAL BANK, a National Banking
By:
(authorized signature)
(name)
Its:
(title)
OWNER:
ARLSBAD 47 & 48, L.L.C., a California
(name)
(title)
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
MAlTER.
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:
JANEPBALDI, Deputy General Counsel CMWD 97-276
10/20/97 Rev. 4
1274
STATE OF CALIFORNIA 1
COUNTYOF 5h ISS.
personally appeared kJ, // 1 Hrn k? TschA NTL
NAME@) OF SIGNER@)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the personld) whose name@
islad subscribed to the within instrument and acknowledged to me that he/s@/tw executed the same in his/t)dr/tj&ir
authorized capacity(i4, and that by hislhdtiplr signaturem on the instrument the person@), or the entity upon behalf of
which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
A%LA RE OF NOT&Y (This area for official notary seal.)
Title or Type of Document 5ub ordc ~7) od AdfcmEUT
Date of Document 4- f c. 96- NO. of Pages 8
Signer(s) other than named above
CMWD 97-276
06/14/95 Rev.
1275
STATE OF CALIFORNIA 1
COUNTYOF GxIikniL ISS.
personally appeared >OQQ[Q 5 3 .. 3; Ckr’4SOd d NAME(S) OF SIGNER(S)
personally known to me to be the person($rfwhose nameM
islare subscribed to the within instrument and acknowledged to me that helshekay executed the same in hislhodlkeir
authorized capacity(&), and that by hislherltheir signaturedon the instrument the personH, or the entity upon behalf of
which the personldfacted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOfARY
-
CommQlon W 1~?81611
DIANA GRAHAM
Notary Public “Colifornia
My Cornm.Explres Dec 25.1999
Loi Angelss County
t f
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 97-276
06/14/95 Rev.
1276
EXHIBIT "A"
ALL THAT PORTION OF LOT 47 OF CAIUSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 11810, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGMNING ON THE SOUTHWESTERLY CORNER OF SAID LOT 47, SAID POINT BEING
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 89" 19' 21" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07" 40' 06", AN ARC DISTANCE OF 8.03 FEET TO A
POINT ON, SAID CURVE, BEING A RADIAL LINE TO SAID POINT BEARS NORTH
83'00'33'' EAST. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 45"40'39" EAST 33.94 FEET; THENCE SOUTH 89"19'21" EAST 169.38 FEET;
THENCE NORTH 45"40'39" EAST 43.64 FEET; THENCE NORTH 00'40'39" EAST 419.28
FEET;THENCESOUTH89"18'58"EAST4.50FEET;THENCENORTH00"40'39"EAST20.00
FEET; THENCE NORTH 89"18'58" WEST 195.86 FEET; THENCE SOUTH 82O09'56"WEST
16.15 FEET TO THE WESTERLY PROPERTY LINE OF SAID LOT 47; THENCE ALONG
SAID PROPERTY LINE SOUTH 12"14'36" WEST 21.29 FEET; THENCE NORTH 82"09'56"
EAST 16.15 FEET; THENCE SOUTH 89O18'58" EAST 169.87 FEET; THENCE SOUTH
OO"40'39" WEST 41 1 .OO FEET; THENCE SOUTH 45"40'39" WEST 3.11 FEET; THENCE
NORTH 44"19'21" WEST 12.87 FEET; THENCE SOUTH 45"40'39" WEST 20.00 FEET;
THENCESOUTH44"19'21"EAST12.87FEET;THENCESOUTH45"40'39"EAST3.97FEET;
THENCE NORTH 89"19'21" WEST 169.38 FEET; THENCE SOUTH 45"40'39" WEST 33.94
FEET; THENCE NORTH 89" 19'21" WEST 24.1 1 FEET TO A POINT ON THE EASTERLY
CONCAVESOUTHWESTERLY,ARADIALLINETOSAIDPOINTBEARSNORTH62"51'09"
EAST, THENCE SOUTHERLY ALONG THE SAID ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 20"09'24" AN ARC LENGTH OF 21.1 1 FEET TO THE TRUE POINT
OF BEGINNING.
ON THE SOUTHEASTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
LEAVINGSAIDARCANDRIGHT-OF-WAY,SOUTH89" 19'21"EAST25.99FEET;THENCE
RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE
SEE EXHIBIT "B" ATTACHED HERETO.
NO.32031 . ..
JORGE H. PALACIOS, RCE 3203 1
C.M.W.D. 97-276
"
EXHIBIT '8'
WA ERLINE EASEMENT PLA T A p/U:41&$20-25 ,. ,
CAE 1'=60' Jp ENGINEERING INC
4849 RONSON COURT, SUITE 105 SAN DIEGO. CA 92111 ATE. 9-19-97
RAW AL APRVD: JP (619) 569-7377 FAX (619) 569-0830