HomeMy WebLinkAboutCT 91-01; Galey & Kemmerly Homes, Inc.; 1992-0740125; Easement1
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
WHEN RECORDED, PLEASE MAIL TO:
RECORDING REQUESTED BY AND
Engineering Department Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
c,.
.. . , Space above this line for
Recorderrs use.
.,. ,. Assessor's Parcel No. 155-271-29. Project Name.& r no. sauna Villaae. C.T. 91-01
30
CMWD Proiect - NO. 89 -_ C 3 29
DOCUMENTARY TRANSFER
CARLSBAD MUNICIPAL . ';
WATER DISTRICT
TAX: None
Board of Directors
E~SEMENT
GALEY AND KEMMERLY HOMES, 'INC., a California corporation,
does hereby grant to CARLSsAD 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,
...
a!
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whether above or below the surface of the ground.
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.lities, Said facility may include pipelines, pumping faci
structures designed to control the flow of water and all facilities
and structures associated with said use which are designed to
facilitate the use and protect the facility from natural and other
forms of damage including, but-",limited to, erosion control
facilities, fence&, 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 exclusiV@ 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 in'cbmpatible with the uses described
herein without the express written approval of the Grantee.
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LOCATION OF THE EASEMENT:
The easement granted herein she 111 be located withir I an d
upon the properties more particularly described in Exhibit "A" and
Exhibit ltBtl attached hereto and by this reference made a part
hereof.
APPROVED AS RONALD R. BALL GENERAL COUNSEL
TO FORM:
Qmru (title Ugnatory)
/ (Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD 89 " c 339
3 3/14/91 REV.
STATE OF CALIFORNIA
COUNTY OF b\fv i
On this >C day of b‘dMh , in the year 19-, q2
before me the undersigned. a Notary Public in and lor said State, personally appeared rn,&cLt 4. f3-4 I - . and Chc\’3bF)h4?K L. lkr? MV\4’k
-to be the persons who executed the
, personally known to me
within instrument as President and Secretary. II ” respectively, of the Corporation therein named, and acknowledged to me tta: the Corporation
executed it pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal. AWL, %
ACKNOWLEOGMENT-Cap “Pros 6 Scc -WoIco11s Farm 222CA-Rev 11~83
e1983 WOLCOTTS, INC 1~~~~~m18.21 Notary Public inland for said State. -
764
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certifi that the interest in real proper5 conveyed by the grant deed or easement,
dated ///g//p.r ,from GALEY AND KEMMERLY HOMES, INC., a California
corporation. tothe CarlsbadMunicipal WaterDistrict, Carlsbad,
California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the
undersigned omer or agent on behalf of the Carlsbad Municipal Water Distrkt, Carlsbad,
California, pursuant to authority conferred by Resolution NO.^ of the Carlsbad Municipal
Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by
it's duly authorized oficer.
CMWD 89-C-329
4
765
SHEET 1 OF 2 SHEETS
EXHIBIT "A'
WATER EASEMENT
PORTIONS OF LOTS 1 THROUGH 6 INCLUSIVE IN BLOCK 8 OF
SUNNY SLOPE TRACT MAP NO. 486 IN THE CIN OF CARLSBAD RECOR-
DED FEBRUARY 2, 1888 IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF
THENCE ALONG THE WESTERLY LINE THEREOF NORTH Oo"03'30" EAST
(NORTH OO"O7'00" EAST PER PM NO. 4888). 4.00 FEET; THENCE LEAVING
SAID WESTERLY LINE AND ALONG A LINE PARALLEL WITH AND 4.00 FEET
NORTHERLY FROM THE NORTHERLY SIDELINE OF LAGUNA AVENUE AS
SHOWN ON PM NO. 4888, NORTH 89"56'31" WEST, 53.21 FEET TO THE
POINT OF BEGINNING; THENCE NORTH OO"03'29" EAST, 45.00 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING
NORTH Oo"03'29" EAST, 65.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "B; THENCE CONTINUING NORTH OO"0329" EAST, 68.00 FEET
TINUING NORTH OO"O3'29" EAST, 23.39 FEET TO A POINT ON A TANGENT
59.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
TANCE OF 15.15 FEET TO A POINT OF REVERSE CURVATURE ON A 18.00
FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 75"20'58" EAST; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 21"15'37", A DISTANCE OF 6.68
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", A RADIAL
LINE TO SAID POINT BEARS NORTH 83"23'25" EAST; THENCE CONTINUING
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 173'02'45", A DISTANCE OF 54.36 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "E", A RADIAL LINE
TO SAID POINT BEARS NORTH 8939'20" WEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
TURE ON A 59.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 75"27'56" EAST; THENCE SOUTHERLY
TANCE OF 15.15 FEET; THENCE TANGENT TO SAID ,CURVE SOUTH
Oo"03'29" WEST, 26.39 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "F"; THENCE CONTINUING SOUTH OO"03'29 WEST, 38.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G; THENCE CONTINUING
C.M.W.D. 89-C.329
PARCEL MAP NO. 4888 RECORDED JULY 8, 1976 AS FILE NO. 76-213881;
TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CON-
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
14"52'44", A DISTANCE OF 4.67 FEET TO A POINT OF REVERSE CURVA-
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
EXHIBIT 'A" WATER EASEMENT SHEET 2 OF 2 SHEETS 766
SOUTH Oo"03'29" WEST. 29.41 FEET TO A POINT HEREINAFTER REFERRED
TO' AS POINT "H"; TFIENCE CONTINUING SOUTH Oo"03'29" WEST, 59.00
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE
CONTINUING SOUTH OO"O3'29" WEST, 48.00 FEET; THENCE SOUTH 89"56'31"
EAST, 31.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING STRIPS OF LAND 5.00 FEET IN
WIDTH LYING 2.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING EIGHT (8) DESCRIBED CENTERLINES;
(1) BEGINNING AT SAID POINT 'A"; THENCE SOUTH 8936'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(2) BEGINNING AT SAID POINT "B"; THENCE SOUTH 8956'31" EAST,
5.00 FEET TO THE POiNT OF TERMINUS.
(3) BEGINNING AT SAID POINT "c"; THENCE SOUTH 89'56'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(4) BEGINNING AT SAID POINT "D'; THENCE NORTH 83'23'25" EAST, 5.00 FEET TO THE POINT OF TERMINUS.
(5) BEGINNING AT SAID POINT "E"; THENCE NORTH 89"39'20 WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(6) BEGINNING AT SAID POINT 'F'; THENCE NORTH 89"56'31" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(7) BEGINNING AT SAID POINT "H"; THENCE NORTH 8956'31" WEST,
(8) BEGINNING AT SAID POINT 'c THENCE NORTH 89'56'31" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00
FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DE-
SCRIBED CENTERLINE;
10.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT SAID POINT G" THENCE NORTH 89"56'31" WEST,
THE SIDELINES OF SAID 5.00 FOOT STRIPS OF LAND AT POINTS D
AND E SHALL BE LENGTHENED OR SHORTENED TO END ON SAID ARCS
OF CURVE.
C.M.W.D. 89-C.329
- WESTERL Y L (N€ OF PAR/ PM 4888.
PO/NTS A TffRUz
DETAIL A
V/C/N/TY MAT
NZS CMMO 83-C 32.
PROJECT NAME: EXHIBIT C PROJECT TITLE
I I
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763
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]).
WHEN RECORDED, PLEASE MAIL TO RECORDING REQUESTED AND
Carlsbad Municipal Water District
Carlsbad, California 92008
5950 El Camino Real
1 Space above this line for
~ ~ Recorder's use.
A.P.N1..155-271-29, 30
CMWD No. 89-C-329
,. ' , .~
,, SUBORDINATION AGREEMENT
NOTICE: 'THIS SUBORDINAI'IONAGREEMENT RESULTS
PROPERTY BECOMING SUBJECT TO AN
IN YOUR SECURITY INTEREST IN THE
ESTATE IN THE REAL PROPERTY TO WHICH
YOUR SECURITY INSTRUMENT ATTACHES
AND HAS THE POTENTIAL EFFECT OF
REDUCING THE VALUE OP YOUR SECURITY
INTEREST.
THIS AGREEMENT, made this 3' day of I
hereinafter referred to as. I'Owner," owner of the land and
ROBERT N. KENNEDY, trustee of the ROBERT N. KENNEDY REVOCABLE
hereinafter referred to as "Beneficiary", present owner and holder LIVING TRUST dated March 18,(0wner) 1980
of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, GALEY AND KEMMERLY HOMES, INC., a (Trustor)
California corporation did execute a deed of
trust, dated September 2 , 19s to CHICAGE TITLE COMPANY.
f Date) [Trustee)
a California coruoration
Lots 1 through 6 inclusive in Block 8 of Sunny Slope Tract Map NO
as trustee, covering Portions of
486 in the Citv of Carlsbad recorded Februarv 2, 1988 in the
Office of the County Recorder of San Diego, Laguna Village,
Carlsbad Tract 91-01 I
(Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
1 3/26/91 REV.
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to secure a note in the sum of One Hundred Sixty Thousand Dollars
////////////////////($ 160.000.00 ) dated September 2
ROBERT N. KENNEDY, trustee of the ROBERT N. KENNEDY (Date)
19q2_, in favor Of REVOCAELE LIVING TRUST dated March 18, 1980 recorded
in the office of the County Recorder of San Dieqo County
(Lien Amount)
(Beneficiary)
f Countv)
on October 12, 1992 , as File No. 1992-0648025 of official a-
(Date Recorded) (F/P No.) Records of said county; and
WHEREAS, ' Owner has ,executed, or is about to execute, as
grantor, a grant of EASEMENT/EASEMENTS dated' W* 3, /992 , in
favor of the Carlsbad Municipal Water Distriat as grantee,
hereinafter 'referred to as "Easement Grantee," Creating AN/THE
EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS
"A" & "Bv 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,
2 3/26/91 REV.
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the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement
Grantee shall unconditionally be an8 rgmain at all times a charge
on the property therein described,' pridr and superior to the lien
or charge of the deed of trust above mentioned.
.,
2.' That Easement Grantee would not^ accept said
EASEMENT/EASEkENTS above described without this subordination
agreement .~ ..
s _I
~ ". .'
3. That this agreement shall be the whole 'and only
agreement with regard to the subordination of the lien o?.' charge of
the deed of trust above mentioned to the EASEMENT/EASEMENTS in
favor of Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and EASEMENTpASEMENTS 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. He consents to and approves the grant of
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the EASEMENT/EASEMENTS in favor Of
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Easement Grantee above referred to and understands that in reliance
upon, and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific monetary and other obligations are being and will be
entered into by the Easement Grantee, other lenders and title
insurance companies' which would not f;e ma& or entered into but
for said reliance 'upon the waiver,. relinquishment and
subordinati%z .and
..
3. 'An endorsement has been placed upon the note secured
by the deed of trust above mentioned that said deed of trust has by
this instrument been subordinated to the charge of the
EASEMENT/EASEMENTS in favor of Easement Grantee above referred to
Executed by th BENEFICIARY this E cuted .by t e 0 E this yL day of /6/l@b&/ , 19a & day of $tlVnFf , 19e
BENEFICIARY: ROBERT N. KENNEDY. tIUSt€?e Of the
(title)
By : (authorized signature)
(title)
OWNER: Gx
aC
By:
By:
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS
DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY
OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
4 3/26/91 REV.
I STATE OF CALIFORNIA
COUNTY OF aM I
773
On this w day of DfiVe_pnW , in the year 19" 92
belore me, the undersigned, a Notary Public in and lor said State, personally appeared r(ltChGPi H. c&a\ecl
KQM-WYLY , personally known to me
within instrument as -
-0 be the persons who executed the
respectively. of the Corporation therein named, and acknowledged 10 me tz? the Corporation
President and Secretary.
executed it pursuant to its by-laws or a resolution of its board of directors.
' and chC\*@kf I
WITNESS my hand and oflicial seal.
ACKNOWLEOGMENT-Corp -Pres b SBC -WDlcollo Farm 222CA"Rev 11-83
01983 WOLCOTTS. INC ,p"cecIai58~21
..
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA. BROWARD county
In the State aforesaid and in the County aforesaid to take acknowledgements,
personally appeared Robert N. Kennedy , to me
known to be the person (8) described In and who executed the foreging
instrument and acknowledged before me that he executed the same
for the purpose therein expres
I hereby cerlify that on this day, before me, an officer duly authorized
day of-
WITNESS y hand d official seal In the County and State aforesaid this
,19=.
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775
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
Approved as to form: &:& 9 /&-=e* m?G.
Ronaltf R. Ball, Gekferal Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY
must be attached.
t
CMWD 89-C-239
5 3/26/91 REV.
. 776 SHEET 1 OF 2 SHEETS
EXHIBIT "A'
WATER EASEMENT
PORTIONS OF LOTS 1 THROUGH 6 INCLUSIVE IN BLOCK 8 OF
DED FEBRUARY 2, 1888 IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF
THENCE ALONG THE WESTERLY LINE THEREOF NORTH Oo"O3'30" EAST
(NORTH Oo"07'00" EAST PER PM NO. 4888), 4.00 FEET; THENCE LEAVING
SAID WESTERLY LINE AND ALONG A LINE PARALLEL WITH AND 4.00 FEET
NORTHERLY FROM THE NORTHERLY SIDELINE OF LAGUNA AVENUE AS
SHOWN ON PM NO. 4888, NORTH 89"5631" WEST, 53.21 FEET TO THE
POINT OF BEGINNING; THENCE NORTH Oo"O3'29 EAST, 45.00 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING
NORTH Oo"03'29 EAST, 65.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "B; THENCE CONTINUING NORTH Oo"03'29" EAST. 68.00 FEET
TINUING NORTH OO"O3'29 EAST, 23.39 FEET TO A POINT ON^ A TANGENT
59.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
TANCE OF 15.15 FEET TO A POINT OF REVERSE CURVATURE ON A 18.00
FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75"20'58 EAST; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 21"15'37". A DISTANCE OF 6.68
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "0, A RADIAL
LINE TO SAID POINT BEARS NORTH 83"23'25" EAST; THENCE CONTINUING
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 173"02'45", A DISTANCE OF 54.36 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "E", A RADIAL LINE
TO SAID POINT BEARS NORTH 8V3920" WEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
TURE ON A 59.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 75'27'56" EAST; THENCE SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
TANCE OF 15.15 FEET; THENCE TANGENT TO SAID , CURVE SOUTH
Oo"03'29 WEST, 26.39 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "F"; THENCE CONTINUING SOUTH Oo"03'29" WEST, 38.59 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING
C.M.W.D. 89-C.329
SUNNY SLOPE TRACT MAP NO. 486 IN THE CITY OF CARLSBAD RECOR-
PARCEL MAP NO. 4888 RECORDED JULY 8, 1976 AS FILE NO. 76-213881;
TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CON-
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
14'52'44", A DISTANCE OF 4.67 FEET TO A POINT OF REVERSE CURVA-
EXHIBIT 'A'
WATER EASEMENT SHEET 2 OF 2 SHEETS 77 7
SOUTH 00'03'29" WEST, 29.41 FEET TO A POINT HEREINAFTER REFERRED
TO' AS POINT "H"; TFIENCE CONTINUING SOUTH 00'03'29" WEST, 59.00
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTINUING SOUTH OO"O3'29" WEST, 48.00 FEET; THENCE SOUTH 89"56'31"
EAST, 31.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING STRIPS OF LAND 5.00 FEET IN
WIDTH LYING 2.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING EIGHT (8) DESCRIBED CENTERLINES;
(1) BEGINNING AT SAID POINT 'A"; THENCE SOUTH 8936'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(2) BEGINNING AT SAID POINT "6"; THENCE SOUTH 8956'31" EAST,
5.00 FEET TO THE PO\NT OF TERMINUS.
(3) BEGINNING AT SAID POINT THENCE SOUTH 89-56'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(4) BEGINNING AT SAID POINT "0"; THENCE NORTH 83"23'25" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(5) BEGINNING AT 'SAID POINT "E"; THENCE NORTH 89'39'20" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(6) BEGINNING AT SAID POINT 'F; THENCE NORTH 89"5631" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(7) BEGINNING AT SAID POINT 'H"; THENCE NORTH 89'5631" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(8) BEGINNING AT SAID POINT "I"; THENCE NORTH 89"5631" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00
FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DE-
SCRIBED CENTERLINE;
10.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT SAID POINT G"- THENCE NORTH 89"56'31" WEST,
THE SIDELINES OF SAID 5.00 FOOT STRIPS OF LAND AT POINTS D
AND E SHALL BE LENGTHENED OR SHORTENED TO END ON SAID ARCS
OF CURVE.
C.M.W.D. 89-C.329
L (N€ OF PAR/
PO/NTS A TM!UI
I
4
LAGUNA . VlLL AGE C.T 91-01
/298
VlC/N/TY MAT A!zs CMWD. 89-C329
PROJECT NAME: PROJECT TITLE EXHIBIT C
. LA CUNA: cr 3/-0/ V/L L AG€
/298
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,qy jT:; q,, -.I ,-.-<7 ,/ -, ,, i' G !LMI Y F,;AJ&'i %?;':<
NO FEE AS IT IS TO THE BENEFIT PLEASE RECORD THIS DOCUMENT AT ) fij,b;pTr ,,,, IL, ,L Cl!""i ,vn$j.. Ly3,1'. Pq::&!7u ,I ~ 1,y-:--p '"'15 "i. ~.#::
OF THIS DISTRICT (GOV. CODE [6103]). )
RECORDING REQUESTED AND ) WHEN RECORDED, PLEASE MAIL TO )
)
)
"" r:: : ., . ,. . .. . I I , :
)I Carlsbad Municipal Water District
5950 El Camino Real Carlsbad, California 92008
)'I' /
) I >' .. ). I; ,.
, ,II,
'.'Space.;wve this line for
'.Recorder*.s use.
.? , ,,
A. P .'It,-& ,.
CMWD No. -271-29, 30 -_
,. _. , . ,, SUBORDINA'$IO& AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS
IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AN
ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES
AND HAS THE POTENTIAL EFFECT OF
REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
THIS AGREEMENT, made this .& rd day of /th i/t?m&f ,
19a by GALEY AND KEWERLY HOMES, INC., a California corporation,
(Trustor)
hereinafter referred to as "Owner,'t owner of the land and
FIRST NATIQNAL QANK OF NORTH COUNTY '(owner) hereinafter referred to as itBeneficiarylr, present owner and holder
of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, GALEY AND KElWERLY HOMES, INC., a California (Trustor)
corporation, did execute a deed of
trust, dated September 25 , 19% to FIRST NATIONAL BANK OF
NORTH COUNTY Lots 1 through 6 inclusive in Block 8 of Sunny Slope Tract Map No. 486
as trustee, covering Portions of
(Date) (Trustee)
in the City of Carlsbad recorded February 2, 1988 in the Office of the
County Recorder of San Diego, Laguna Village, Carlsbad Tract 91-01
(Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
1 3/26/91 REV.
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the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement
Grantee shall unconditionally be ana.r&iuain at all times a charge
on the property therein deicribed, pr2or and skiperior to the lien
: < ," ;,
,~
or charge of the de0d 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 lien or charge of
the deed of trust above mentioned to the EASEMENT/EASEMENTS in
favor of Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and EASEMENT/EASEMENTS hereinbefore specifically
described, any prior agreement as 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. He consents to and approves the grant of
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the EASEMENT/EASEMENTS in favor of
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192, in favor of FIRST NATIONAL BANK OF NORTH CIJJNTY - recorded
in the office of the County Recorder of San Diego County
(Beneficiary)
f Countv)
on October 15, 1992 , as File No. 1992-0657007 of Official
(Date Recorded) (F/P No.) Records of said county; alid .. ,' WHEREAS; -0Vner ha> executed, :or is &out to execute, as
grantor, a grant of,EASEMENT/EASEMENTS dated T/$/z~ , in
favor of the. -Carlsbad ,, Municipal Water District: as grantee,
hereinafter 'referred to as "Easement Grantee," areating 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 d&ed 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,
2 3/26/91 REV.
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Easement Grantee above referred to and understands that in reliance
upon, and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific monetary and other obligations are being and will be
entered into by the Easeaent Grantee;" ,. other lenders and title
insurance compan&es',Buhich 'would not be maae or entered into but
for said reliance upon the waiver;,.' relinquishment and
subordinatko**~,.and
I */ '
", ',' , S'
.. ,.
', ' ,"
~, "'
3. "...w endorsement has been placed upon the note secured
by the deed of trust above mentioned that said deed of trqst has by
this instrument been subordinated to the charge' 'of the
EASEMENT/EZ&EMENTS in favor of Easement Grantee above referred to
.,. , ,,
FIRST NATIONAL BANK OF NORTH COUNTY
By:
(title)
By : .,-2$)& 2 .&\ n.$ 1 (authorized signature)
\I;- Qresrdent .
(title) CQYmf-c? (title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS
DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING
THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
4 3/26/91 REV.
STATE OF CALIFORNIA ) (Acknowlcdgemcm)
4
Onthisadayof ~,intheyear,~~,beforeme,~der
Dersonaliy known to me (or proved to me on the basis of satisfactory evidence) lo be the perS0NS):
;O INDI~IDUAL)
@ CORPORATION)
Whose name is subscribed to this instrument. and acknowledged that he (she or they) exeCuted it.
v. !!-.-". on behalf of the corporation therein named, and ho executed the within instrument as E& president and
acknowledged to me that such corporation executed the within instrument Dursuant to its articles and by-laws and a resolution of
((7 PARTNERSHIP) its Board 01 Directors.
That -executed the within instrumenl on behalf of the pari-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. in and for said County and State.
nership. and acknowledged to me that the partnership executed it.
the day and year first above written.
NolaryPublicinandforsaidCounlyandStateofCalifornia
MY commission expires: I a- 14 -CQ ~orary cub!,c - Caidornia
FD1 B
IrhnclQOhhphnloh)
MICHAELE HERDER
SAN D;EGO COUNTY
y Comm. Exp. Occ. 14.1992
STATE OF CALlFORNlA
COUNTY OF c
On this E day 01 fi dwl kwr , in the year 19-. 92
.me, the unders' ned Not ry Public in and for said State. personally appeared
LP 1 KA-&ku,
and c h< \SbQbt L. V~P MU?,(
-) to be the persons who executed the
, personally known to me
within instrument as President and ~ Secretary.
respectively. of the Corporation therein named, and acknowledged 10 nle tI.8 the COrpOratiOn
executed it pursuant to its by-laws or a resolution of its board of directors.
"
II WITNESS my hand and official seal. - fi
ACKNOWLLOGMENT-COIp -Pres &Set "Wolcoll~ Form 222CA-Rev 11~83
a1983 WOLCOllS, INC iPrlLDilaSI8~2i Notary Public In and for said State. -
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
Approved as to form: o\ / 64, *--
FtonalKR.’ Ball, Gen&l Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY
must be attached.
CMWD 89 ” c 329
5 3/26/91 REV.
786
SHEET 1 OF 2 SHEETS
EXHIBIT "A'
WATER EASEMENT
PORTIONS OF LOTS 1 THROUGH 6 INCLUSIVE IN BLOCK 8 OF
SUNNY SLOPE TRACT MAP NO. 486 IN THE CITY OF CARLSBAD RECOR-
DED FEBRUARY 2, 1888 IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL I OF
THENCE ALONG THE WESTERLY LINE THEREOF NORTH 00'03'30" EAST
(NORTH 00'07'00" EAST PER PM NO. 4888). 4.00 FEET; THENCE LEAVING
SAID WESTERLY LINE AND ALONG A LINE PARALLEL WITH AND 4.00 FEET
NORTHERLY FROM THE NORTHERLY SIDELINE OF LAGUNA AVENUE AS
SHOWN ON PM NO. 4888, NORTH 8Y5631" WEST, 53.21 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 00'03'29" EAST, 45.00 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING
NORTH 00'03'29" EAST, 65.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "6; THENCE CONTINUING NORTH 00'03'29 EAST, 68.00 FEET
TINUING NORTH OO"O3'29" EAST, 23.39 FEET TO A POINT ON A TANGENT
59.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
TANCE OF 15.15 FEET TO A POINT OF REVERSE CURVATURE ON A 18.00
FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 75"20'58" EAST; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 21"15'37", A DISTANCE OF 6.68
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "0, A RADIAL
LINE TO SAID POINT BEARS NORTH 83'23'25" EAST; THENCE CONTINUING
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 173'02'45", A DISTANCE OF 54.36 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "E, A RADIAL LINE
TO SAID POINT BEARS NORTH 8Y3920" WEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
TURE ON A 59.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 7927'56" EAST; THENCE SOUTHERLY
PARCEL MAP NO. 4888 RECORDED JULY 8, 1976 AS FILE NO. 76-213881;
TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CON-
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
14"52'44", A DISTANCE OF 4.67 FEET TO A POINT OF REVERSE CURVA-
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", 'A DIS-
TANCE OF 15.15 FEET; THENCE TANGENT TO SAID , CURVE SOUTH
00'03'29 WEST, 26.39 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "F"; THENCE CONTINUING SOUTH Oo"03'29" WEST, 38.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING
C.M.W.D. 89-C.329
EXHIBIT 'A"
WATER EASEMEN?' SHEET 2 OF 2 SHEETS 787
SOUTH Oo"03'29" WEST, 29.41 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "H"; THENCE CONTINUING SOUTH 00'03'29 WEST, 59.00
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE
CONTINUING SOUTH OO"O3'29 WEST, 48.00 FEET; THENCE SOUTH 89"56'31"
' EAST, 31.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING STRIPS OF LAND 5.00 FEET IN
WIDTH LYING 2,50 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING EIGHT (8) DESCRIBED CENTERLINES;
(1) BEGINNING AT SAID POINT 'X; THENCE SOUTH 89"56'31" EAST,
(2) BEGINNING AT SAID POINT 'B"; THENCE SOUTH 89"56'31" EAST,
(3) BEGINNING AT SAID POINT "c", THENCE SOUTH 89'56'31" EAST,
(4) BEGINNING AT SAID POINT "D'; THENCE NORTH 83'23'25" EAST,
(5) BEGINNING AT SAID POINT 'E"; THENCE NORTH 89"39'20" WEST,
(6) BEGINNING AT SAID POINT 'F; THENCE NORTH 89'5631" WEST,
(7) BEGINNING AT SAID POINT "H"; THENCE NORTH 89'5631" WEST,
(8) BEGINNING AT SAID POINT "I"; THENCE NORTH 89"5631" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
5.00 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00
FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DE-
SCRIBED CENTERLINE;
10.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT SAID POINT G"- THENCE NORTH 89"56'31" WEST,
THE SIDELINES OF SAID 5.00 FOOT STRIPS OF LAND AT POINTS D
AND E SHALL BE LENGTHENED OR SHORTENED TO END ON SAID ARCS
OF CURVE.
C.M.W.D. 89-C.329
L \ Po/n//
LAGUNA DR/V€ COR. PAR/ PM4888 C8UMEMC&M&NT (35: fi - LMMD 89-C 329
PROJECT NAME: PROJECT TITLE EXHIBIT B
LAGUNA . CX 9/ -01 VILLAGE
1298
V/C/N/TY MAC
NLS CMNU. 83-C329
PROJECT NAME: EXHIBIT C PROJECT TITLE
. LACUNA: cz 9/-0/ V/L L AG€
/298
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RECORDING REQUESTED AND
WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District ) ',,
5950 El Camino Real 1
Carlsbad, California 92008 ,' 1
){ )
)
. ,.
',' Space above this line for
Recorder's use.
A.P.N.. .155-271-29, 30
CMWDNO. 89-C-329
SUBORDIN~TIO~ AGREEMENT
NOTICE: . THIS SUBORDINATION AGREEMENT RESULTS
IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AN
ESTATE IN THE REAL PROPERTY TO WHICH
AND HAS THE POTENTIAL EFFECT OF
YOUR SECURITY INSTRUMENT ATTACHES
REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
THIS AGREEMENT, made this 93(d day Of (f.?Q'dembK ,
19% by GALEY AND KEMMERLY HOMES, INC. , a California
coruoration. (Trustor) herein after^ referred to as t80wner,1t owner of the land and
See attached description - Paqe 6
hereinafter referred to as lqBeneficiaryl', present owner and holder
(Owner)
of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, GALEY AND KEMMERLY HOMES, INC. , a
California corporation, did execute a deed of
(Trustor)
trust, dated September 2, , 19% to CHICAGO TITLE COMPANY, a (Date1 (Trustee)
California corporation astrustee, covering portions of Lots~l through 6 inclusive in Block 8 of Sunny Slope Tract Map No.
486 in the City of Carlsbad recorded Februarv 2. 1988 Office of the County Recorder of San Diego, Laguna Village,
in the
- Carlsbad Tract 91-01 (Brief Legal Description)
(See Exhibit "A" & "B" for Detailed Description)
1 3/26/91 REV.
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791
to secure a note in the sum of Two Hundred Eiqhty-Eiqht Thousand
~/////////////($ 288.000.00 ) dated nkr 2 ,
192, in favorof See attached descriution - Paqe 6 recorded
in the office of the County Recorder of San Dieqo County
(Lien Amount)
(Date)
(Beneficiary)
(County) ~ on nctm 13. 1997 , as File No. 1992-0648026 of Official (Date Recorded1 (F/P NO.)
Records of said county: and
WHEREAS,'Owder has executed, 'or is about to execute, as
grantor, a grant of EASEMENT/EASEMENTS dated , ///d/pJ I , 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
nA" & "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,
2 3/26/91 REV.
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792
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement
Grantee shall unconditionally be 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 mentioryed.
2. That Easement Grantee would not accept said
EASEMENT/EAShfENTS above described without this subordination
agreement.
3. That this agreement shall be the whole .and only
agreement with regard to the subordination of the lien or charge of
the deed of trust above mentioned to the EASEMENT/EASEMENTS in
favor of Easement Grantee above referred to and shall supersede and
cancel, but only'insofar as would affect the priority between the
deed of trust and EASEMENT/EASEMENTS hereinbefore specifically
described, any prior agreement as 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. He consents to and approves the grant of
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the EASEMENT/EASEMENTS in favor of
3 3/26/91 REV.
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Easement Grantee above referred to and understands that in reliance
upon, and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific monetary and other obligations are being and will be
entered into by the Easement Grantee, other lenders and title
insurance compani,es, which would not-.be made or entered into but
for said reliame upon the waiver, Pelinquishment and
subordination,; and
3. An endorsement has been placed upon tkie note secured
by the deed of trust above mentioned that said deed of trust has by
this instrument been subordinated to the charge of the
EASEMENT/EASEMENTS in favor of Easement Grantee above referred to
Executed by the BENEFICIARY this day of I 19-
BENEFICIARY: OWNER:
SEE ATTACHED - PAGE 6
By :
/ (title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD
OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY
OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
.
4 3/26/91 REV.
STATE OF CALIFORNIA
i 794 ,I COUNTY OF u
On this ad day of , in the year 19-. 47
me, the undersigned, a Notary Public in and for said State, personally appeared (c,heJ 4. &\PA
and CGI(\+aheu L. lh"h - , personally known to me
-) to be the persons who executed the
within instrument as President and -
respectively, of the Corporation therein named, and acknowledged 10 nie :'.a: the Corporation
_- Secretary,
executed it pursuant to its by-laws or a resolution 01 its board of directors.
WITNESS my hand and
ACKNOWLEOGMENT-Carp -Pres & Sec "Wolcoltr form 222CA-Rev 11 83
ZJ1983 WOLCOTTS, INC ,pllLeCIm8-21 Notary Public id and for said State.
..
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795
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
Approved as to form:
pt, I@, wcc"Np - R0nd.d R. Ball, Ggneral Counsel
5 3/26/91 REV.
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796
BENEFICIARY:
LOUIS FURRER and JANET FURRER, husband and wife, as joint
tenants, as to un undivided 50% interest and RICHARD SMITH and
BARBARA SMITH, husband and wife, as joint tenants, as to an
undivided 50% interest as tenants in common.
Executed by the BENEFICIARY this /6* day of nb\fJLkG4 19%
BENEFICIARY:
LOUIS FURRER AND JANET. FURRER, husband and wife, as joint tenants,
as to an undivided 50% interest and RICHARD SMITH and BARBARA
SMITH, husband and wife, as joint tenants, as to an undivided 50%
interest as tenants in common
By:.
(authorized signature)
(title) (title)
CMWD 89-C-329
6
GENERAL ACKNOWLEDGMENT 797 NO. 201
Stale of On thistheQdayof kd-kfi 19-, 42 before me,
Countyof blew }SS.
the undersigned Notary Public, personally appeared
E personally known to me
Fproved to me on the basis of satisfactory evidence
SAN MEW WUKly to be the person@) whose name@) ace. subscribed to the
within instrument, and acknowledged that 4b-U executed it.
WITNESS my hand and official seal.
GENERAL ACKNOWLEDGMENT NO. 201
State of A\Gcoia On this the5 day of 19%. before me,
+h
County of S- b&u }ss. - borh
the undersigned Notary Public, personally appeared
8arbdk $MI&
0 personally known to me
%proved to me on the basis of satisfactory evidence
to be the person@ whose name@ -subscribed to the
within instrument, and acknowledged that -executed it.
WITNESS my hand and official seal.
LaMlh Notary's Signature I
FROM FOUNDERS TITLE NORTH COUNTV 11.06.1992 10:14 P. 1
0
'. .
799
SHEET 1 OF 2 SHEETS
EXHIBIT "A'
WATER EASEMENT
PORTIONS OF LOTS 1 THROUGH 6 INCLUSIVE IN BLOCK 8 OF
DED FEBRUARY 2, 1888 IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF
THENCE ALONG THE WESTERLY LINE THEREOF NORTH Oo"03'30" EAST
(NORTH Oo"07'00" EAST PER PM NO. 4888), 4.00 FEET; THENCE LEAVING
SAID WESTERLY LINE AND ALONG A LINE PARALLEL WITH AND 4.00 FEET
NORTHERLY FROM THE NORTHERLY SIDELINE OF LAGUNA AVENUE AS
SHOWN ON PM NO. 4888, NORTH 89'5631' WEST, 53.21 FEET TO THE
POINT OF BEGINNING; THENCE NORTH OO"03'29" EAST, 45.00 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING
NORTH OO"O3'29" EAST, 65.00 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "8"; THENCE CONTINUING NORTH 00'03'29" EAST, 68.00 FEET
TINUING NORTH OO"O3'29 EAST, 23.39 FEET TO A POINT ON A TANGENT
59.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
TANCE OF 15.15 FEET TO A POINT OF REVERSE CURVATURE ON A 18.00
FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 75"2058" EAST; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 21"15'37", A DISTANCE OF 6.68
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", A RADIAL
LINE TO SAID POINT BEARS NORTH 83'23'25" EAST; THENCE CONTINUING
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 173'02'45", A DISTANCE OF 54.36 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "E", A RADIAL LINE
TO SAID POINT BEARS NORTH 89'3920" WEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
TURE ON A 59.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 75"27'56" EAST; THENCE SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
TANCE OF 15.15 FEET; THENCE TANGENT TO SAID .CURVE SOUTH
00'0329" WEST, 26.39 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "F"; THENCE CONTINUING SOUTH 00'03'29" WEST, 38.59 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING
SUNNY SLOPE TRACT MAP NO. 486 IN THE CITY OF CARLSBAD RECOR-
PARCEL MAP NO. 4888 RECORDED JULY 8, 1976 AS FILE NO. 76-213881;
TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CON-
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"35'33", A DIS-
14"52'44", A DISTANCE OF 4.67 FEET TO A POINT OF REVERSE CURVA-
C.M.W.D. 89-C.329
EXHIBIT *A*
WATER EASEMEN SHEET 2 OF 2 SHEETS 800
SOUTH Oo"03'29" WEST, 29.41 FEET TO A POINT HEREINAFTER REFERRED
TO' AS POINT "H"; TFIENCE CONTINUING SOUTH 00'03'29 WEST. 59.00
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE
CONTINUING SOUTH Oo"03'29 WEST, 48.00 FEET, THENCE SOUTH 89'56'31"
EAST, 31.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING STRIPS OF LAND 5.00 FEET IN
WIDTH LYING 2.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING EIGHT (8) DESCRIBED CENTERLINES;
(1) BEGINNING AT SAID POINT 'A"; THENCE SOUTH 89'56'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(2) BEGINNING AT SAID POINT "B"; THENCE SOUTH 89"56'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(3) BEGINNING AT SAID POINT 'c"; THENCE SOUTH 89"56'31" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(4) BEGINNING AT SAID POINT "D"; THENCE NORTH 83"23'25" EAST,
5.00 FEET TO THE POINT OF TERMINUS.
(5) BEGINNING AT SAID POINT 'E"; THENCE NORTH 89"39'20" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(6) BEGINNING AT SAID POINT 'F"; THENCE NORTH 8956'31" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(7) BEGINNING AT SAID POINT OH"; THENCE NORTH 8956'31" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
(8) BEGINNING AT SAID POINT 'I"; THENCE NORTH 89"5631" WEST,
5.00 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00
FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DE-
SCRIBED CENTERLINE;
10.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT SAID POINT G" THENCE NORTH 8956'31" WEST,
THE SIDELINES OF SAID 5.00 FOOT STRIPS OF LAND AT POINTS D
AND E SHALL BE LENGTHENED OR SHORTENED TO END ON SAID ARCS
OF CURVE.
C.M.W.D. 89-C.329
PO/NTS A TURUI
.. .
L OCAT/UN MAP
NO %ALL€
VlC/N/TY MAP h!rs CMWO. aS-C:329
PROJECT NAME: EXHIBIT C PROJECT TITLE
, LACUNA: cz 9/-0/ VIL L AG€
/298