HomeMy WebLinkAboutCT 92-02; Sambi Seaside Heights, LLC; 1997-0544152; Easement002105
' RECORDING R63UESTED BY . Sambi Seaside Heights, LLC
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real
Engineering Department
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
8 998 CfFICIhL RECORDS
SlLN DIEGO MllRlTY RECORDER'S OFFICE OFFICIEIL RECORDS
FEES: 0.00 GREGORY J. S~IITHI CWWTY RECORDER SlLN DIEGO-~TY-RECORDER'S OFFICE GREGORY J. S~IITHI CWWTY RECORDER FEES: 0.00
_I 7 p . 6.: /'!, A,' f-
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 214-541-22
Documentary transfer tax is $o.oO Project No. & Name 89-504. Sambi Seaside Heiahts,
( ) computed on full value of property conveyed, or Carlsbad Tract 92-02
( )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, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
I ,c\ ' WILLIAM E. PLUMMER, District Engineer -
WQ\
GRANT DEED OF WATER LINE EASEMENT
SAMBl SEASIDE HEIGHTS, LLC, 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
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8 999
. 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 "8" attached hereto and by this reference made a part hereof.
Executed by the Grantor this &id day of w,
199.
GRANTOR SAMBI SEASIDE HEIGHTS, LLC, a California
limited liability company
(name of grantor)
r
By: - (sign here)u
By:
(sign here)
(title of signatory)
APPROVED AS TO FORM:
GENERAL COUNSEL
RONALD R. BALL
By:
(Notarial ackridwledgement of execution of GRANTOR must be attached.)
CMWD 89-504
2 01/20/97 Rev.
J.N.: 95-1017
1/30/97
EXH IB IT ”A”
A WATERLINE EASEMENT
AN EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF WATER MAINS OVER, UNDER, AND UPON LOT 34 OF MAP 13378, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA AS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 34, BEING THE TRUE
POINT OF BEGINNING, THENCE ALONG THE WEST BOUNDARY OF SAID LOT 34
NORTH 00°46’01” EAST A DISTANCE OF 120 .OO FEET TO THE SOUTHERLY
RIGHT OF WAY LINE OF BELLEFLOWER ROAD; THENCE ALONG SAID RIGHT OF
WAY LINE SOUTH 89’13’59’’ EAST A DISTANCE OF 20.00 FEET; THENCE
DEPARTING FROM SAID RIGHT OF WAY LINE, PARALLEL TO THE WEST
BOUNDARY OF SAID LOT 34, SOUTH 00°46’01“ WEST A DISTANCE OF
120.00 FEET TO THE SOUTH BOUNDARY OF SAID LOT 34; THENCE ALONG
THE SOUTH BOUNDARY OF SAID LOT 34 NORTH 89’13‘59’’ WEST A DISTANCE
OF 20.00 FEET, TO THE TRUE POINT OF BEGINNING.
FILE NO. 1996-613541 ON DECEMBER 9, 1996, SAID EASEMENT BEING
2400SF (0. , 0 6AC )
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CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated 3 - 2 , 19-,
from SAMBI SEASIDE HEIGHTS, LLC. a California limited 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. 773 of the Carlsbad Municipal Water District
adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer.
&&?L 7?.kLl."
ALETHA L. RAUTENKRANZ, Secretary
CMWD 89-504
06/14/95 Rev.
STATE OF CALlFORNiA 1 lss
COUNTY OF b5 A?G@a/@s
On a, 1W7 beforeme, Eh/u+ RW&W, Um&kV&6/1 L f DATE NAMEAND TITLE OF dFFICER
personally appeared €1 2 0 HI T'b 0 M b
NAME(S) OF SIGNER@)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person@') whose name@')
is/are subscribed to the within instrument and acknowledged to me that helskdtwexecuted the same in his/&
authorized capacity(wand that by his/lwrRh&signaturewon the instrument the person(d), or the entity upon behalf of
which the person($) acted, executed the instrument.
WITNESS my hand and official seal.
A
*NATURE OF VOTARY
(This area for official notary seal.)
Title or Type of Document @//A72 &/Jwd5r, "X& -
Date of Document 2 \ %%TY No. of Pages
Signer(s) other than named above /vd/ve-
CMWD 89-504
06/14/95 Rev.
STATE OF CALIFORNIA 1
COUNTY OF I ISS.
On before me,
DATE 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)
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@) 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
SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 89-504
06/14/95 Rev.
002106
RECORDING REQUESTED BY
Sambi Seaside Heights, LLC
AND WHEN RECORDED, PLEASE
MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
as it is to the benefit of the District
Please record the document at no fee
(Gov. Code [6103].)
A.P.N.: 214-541-22
I 1005
- - .. .~
Space above this line for Recorder's use.
Project No. & Name: 89-504. Sambi Seaside Heiahts Carlsbad Tract 92-02
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
SAMBI SEASIDE HEIGHTS, CARLSBAD TRACT 92-02
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 HAS THE
POTENTIAL EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 1 st day of Auaust ,1997, by
SAMBI SEASIDE HEIGHTS, LLC, a California limited liability company
(Trustor/Owner)
hereinafter referred to as "Owner," owner of the land and
THE ASAHI BANK, LTD., a Japanese banking corporation
(Beneficiary)
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hereinafter referred to as “Beneficiary”; present owner and holder of the deed of trust hereinafter described;
SAMBl SEASIDE HEIGHTS, LLC,
WITNESSETH
THAT WHEREAS, a California limited liabilitv companv did execute
(Trustor)
COMMOWEALTH LAND
a deed of trust, dated November 29 , 1994 to TITLE COMPANY. a California corporation
as trustee, covering An easement for construction and maintenance of water mains over. under. and upon Lot 34
(Date) (Trustee)
of Map 13378, recorded in the Office of the County Recorder of San Diego County, State of California as File
No. 1996-613541 on December 9.1996, said easement more particularlv described in Exhibits “A” and “8”.
attached hereto and made a part hereof.
(Brief Legal Description)
(See Exhibits “A” and “B” for Detailed Description)
to secure a note in the sum of Seven Million, Six Hundred Fiftv Thousand Dollars ($ 7,650,000.00 ) dated
(Lien Amount)
November 29 , 1994, in favor of THE ASAHl BANK. LTD.. a JaDanese banking corporation recorded
(Dated) (Beneficiary)
in the office of the County Recorder of San Dieao County on November 29.1994
(County) (Date Recorded)
as File No. 1994-0686214 of Official Records of said county: and
(FIP No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS
dated , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as
“Easement Grantee,” creating AN/THE EASEMENnEASEMENTS more particularly described in EXHIBIT/EXHIBITS -
“A” and “8” 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
2 05/21/96 Rev
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 EASEMENTlEASEMENTS 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 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
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. I (We) consent to and approve the grant of EASEMENTlEASEMENTS 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENT/EASEMENTS is being executed and
delivered, the EASEMENTlEASEMENTS ISlARE 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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. ’. I 1008
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
Executed by the BENEFICIARY this 1st day of AUGUST
THE ASAHI BANK, LTD., a Japanese banking
BENEFICIARY:
corporation
, 19%
By:
I (authorized signature)
KENJI TANAKA
(name)
(title)
By:
(authorized signature)
L.&f day
OWNER: SAMBI SEASIDE HEIGHTS, LLC, a California limited
liability comAany
By:
(autEdzed signature) .”
By:
(authorized signature)
(name) (name)
(title) (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.
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
Approved as to form:
Ronald R. Ball, General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) CMWD 89-504
05/21/96 Rev. 4
' 1009
J.N.: 95-1017
1/30/97
EXHI B IT "A"
A WATERLINE EASEMENT
AN EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF WATER MAINS OVER,
UNDER, AND UPON LOT 34 OF MAP 13378, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA AS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FILE NO. 1996-613541 ON DECEMBER 9, 1996, SAID EASEMENT BEING
PARCEL A:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 34, BEING THE TRUE POINT OF BEGINNING, THENCE ALONG THE WEST BOUNDARY OF SAID LOT 34
NORTH 00'46' 01" EAST A DISTANCE OF 120.00 FEET TO THE SOUTHERLY
RIGHT OF WAY LINE OF BELLEFLOWER ROAD; THENCE ALONG SAID RIGHT OF
WAY LINE SOUTH 89'13' 59" EAST A DISTANCE OF 20 .OO FEET; THENCE
DEPARTING FROM SAID RIGHT OF WAY LINE, PAWLLLEL TO THE WEST
BOUNDARY OF SAID LOT 34, SOUTH 00'46 01" WEST A DISTANCE OF
120.00 FEET TO THE SOUTH BOUNDARY OF SAID LOT 34; THENCE ALONG
THE SOUTH BOUNDARY OF SAID LOT 34 NORTH 89'13 ' 59" WEST A DISTANCE
OF 20.00 FEET, TO THE TRUE POINT OF BEGINNING.
2400SF (0. 06AC)
CMWD 89-504
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STATE OF CALIFORNIA 1
COUNTYOF LOS AGELES
{SS. J
On AUGUST 1, 1997 before me, A. WATANABE
DATE NAME AN0 TITLE OF OFFICER
personally appeared KENJI TANAKA
NAME(S) OF SIGNER@)
personally known to me - OR - ” proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that 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
WITNESS my hand and official seal.
dd &- 7L-”
SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document SURORDINATION AGREEMENT (TRUST DEED HOLDERS)
Date of Document AUGUST 1. 1997 No. of Pages h
Signer(s) other than named above SEI20 H. TOYOHARA
CMWD 89-504
06/14/95 Rev.
1012
STATE OF CALIFORNIA 1 lss.
COUNTY OF ( DS hCC 1
personally appeared -
NAME@) OF SIGNER(S)
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the person($) whose name@)
is/are subscribed to the within instrument and acknowledged to me that he/s$/tp$ executed the same in his/@?/th&f
authorized capacity(w and that by hislberttWsignaturewon the instrument the personm or the entity upon behalf of
which the person($acted. executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document ~~b~d;n&r OVL A ,Q re* W= .8uJt
Date of Document ALtQU%+ I , )Ti7 NO. of Pages 7
Signer(s) other than named above A. W~-l-t4lV~k3€=
CMWD 89-504