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HomeMy WebLinkAboutPD 258; LEISURE TECHNOLOGY CORP.; 88-426259; Easement! '1 'I e p 8 2'178 * 7 ~~~~CIED REpU& m. m!~,; .a ;b. -j. 08 4252'5,Q -A ""<" % __ ,".. - ..... ". ... "*e. ... RECORDING REQUESTED BY: AFTEIZ XECORDING RETURN TO: .. ...... . .* t -. . -.:. ...... . ...... .. ".I ! .:. ,- . " : ' ".." ~ ..- -. ." i ." . ........... ,. i. -.-..; i__. -; 5 . "" - __ "" ..:> : CITY OF CARLSBAD .... .. i " . .- I) .* 5TF %?? $E y': r3- .. CITY OF CARLSBAD CITY CLERK ;=:. ;": -5 ;..~~ i 1,& > <.I *L 1 4.2 1200 ELM AVENUE CARLSBAD, CA. 92008 ._,.- .-. :. .. . : ".. *I J" 7 ! -.:.I ". _" ". "" - i ..... : :. 5 ;> ..... .:.>,"".* 1 up,*-= 5 i -."! .... ...-"...-.."I . i ~. .. -. ....... .. ~-4 ..li"_F:. P qyii v GRANT OF EASEMENT PD - 258 A.P.# 223-060-40 FOR STORM DRAIN FACILITIES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporation, does hereby Grant to CITY OF CARLSBAD , a municipal Corporation, its successors or assigns, a perpetual easement for, and the right to construct, reconstruct,repair replace operate, maintain, and use Storm Drain Facilities and appurtenances and appurtenant work in, on, under and across that certain real property situate in the City of Carlsbad, County of San Diego, State of California, and more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof, for legal description. together with the right to enter upon, and to pass and repass, over, along, and beside said easement and to deposit tools, implements and other materials thereon whenever and wherever necessary for the purpo: above set forth. WITNESS,. .... qL!<. ............. .hand.. ........ .this .l.y.dayof .c?UW2.19.8.8. 4 'i c rc \ . ,f LEISURE TECHNOLOGY CORP OF This document is being recorded by OCEANSIDE First American Title Insurance CO. as an accommodation only. It has not been examined as to execution or BY : impact on title. BY : STATE OF CALIFORNIA COUNTY OF On ............... 19..-before me the undersigned, a Notary PUlalic in and for said County and State, personally appeared ................. known to me to be the .............. President, and..'.:.'.. ........... known to me to be the .............. Secretary of the COrpOrZtiOn that executed 'the within Instrument, and known to me to be the :?ersollS who executed the within Instrument on behalf of the COrPorat! .?rein named, and acknowledged to me that such corporation exec1 5.e with instrument pursuant to its Bylaws or a Resolution Of its of Directors. WITNESS my hand and off' .l seal. 7 .Notary Public, as aforsaid ) STATE OF CALIFORNlA }ss. COUNTY OF San DJecro 1 a, - c On June 17, 1988 : 55 F , before me, the undersigned, a Notary Public in and for $ said State, personally appeared Joseph A. Gallaqher and 0 ._ L - Valerie A. Williams , personally known to me (or proved to me on the Q, $ basis of satisfactory evidence) to be the persons who executed the within instrument as 2g President and Secretary,on behalf of Leisure I E: Technology +********C****************~**~**+*** Corp. of Oceanside -, .- g g the corporation therein named, and acknowledged to me that * * OFFICIAL SEAL * * IC 4 o a suchcorporationexecutedthewithininstrumentpursuanttoits * SHERRY A. SPINA 2 * 1 $. by-laws or a resolution of its board of directors. NOTARY BOND FILED IN 5 SAN DIEGO COUNTY g $ My Commission Expires November 2, 1990 3 ****o***************+q*********+**** 95 05 * NOTARY PUBLIC-CALIFORNIA t * * * 1. (This area for official notarial seal) "" I-AVLCO PRESS I# .c. t I J RIC~ENGINEERING COMPANY I e ING lVlL CONSULTANTS ENGINEERS .IP 3088 PIO PICO DR. 0 SUITE 202 CARLSBAD, CA 92008 TELEPHONE 0 AREA CODE 619 0 729-4987 I iSJO8 NO. 1 11-8-85 ' CHK'D. PROPOSED DRAINAGE EASEPIENT 7928-R SHEE DATE . LEGAL DESCRIPTION FOR: : r, BY J LP; An easement being a portion of Parcel 1 as shown on Parcel Map No. 13524, on file in-the Office of the County Recorder, in the County of San Diego, State of California, more particularly de- scribed as follows: A strip of land 15.00 feet in width, lying 7.50 feet on each side, measured at right angles and parallel with the followi'ng described centerline: Commencing at the Northwest corner of said Parcel Map; thence along the Northerly boundary of said Parcel Map South 63"38'35" East 47.03 feet to a point on a non-tangen.t 1437.00 foot radius curve concave Southeasterly, a radial line to said point-bears North 63°40'16" West, said point also being owthe Easterly right- of-way of Rancho Santa Fe Road as shown on said Parcel Map; thence leaving said Northerly boundary along said Easterly. right- of-way along the arc of said curve through a central angle of 1°52'06" a distance of 46.86 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly right-of-way South 35O48'41" East 75.00 feet to the POINT OF TERMINATION. The sidelines of said easement shall be lengthened or shortened to begin on said 1437.00 foot radius curve and pass through the TRUE POINT OF BEGINNING and to terminate at right angles through the POINT OF TERMINATION. I *. .. I I L COMPANY DESCRIPTION TITLE CO. REFERENCE DATE ORDERNO. REVISIONS BY DATE EXHIBIT A-1 r I 'E , . .. 1 DC I 0 0 2180 0 -P - - .. , I. .. PM NO, 12586 NbI0M'0Z" w mD&U) N65°32'Z2"W ""_" PM NO, 13524 PARCEL I LE6€N. c 1.. .... /'./CA?€S DATA PER PM NO. l3.924, IINL€SS OT#€UW/5€ NO7ED 6 1 .... ... /ND/CAT€S DATA PER PM NO. /2586 mL? . . . . . . . . RADIAL B€ARlN6 .. I,. ..a. 8;. 1 r .: .x.. :<zji qj$\ :.:: Loucadla y-w+ c =!s4# VICINITY MAP 1 RICK ENGINEERING COM PLANNERS-CIVIL ENGINEERS-LAND SUI I PLAT TO fLLUSTKAT€ DRA/NAGf €A5€M€W 5620 FRIARS ROAD SAM DIEGO, CA- 9: SAN DIEG0-(714) 291-0707 3088 PI0 PIC0 DRIVE,SUITE 202,CARl CA.92008 CARLSBAD-(714) 729-498' 36s So. RANCHO SANTA FE ROAD,SAN L CA.92009 # SCALE: /I& 30'1 DATE : /.-a-q pRoJ. """"" -. - .. v a 0 2181 * e t L CERTIFICATION FOR ACCEPTANCE OF DEED -~~ ~ This is to certify that the interest in real property conveyed by the deed or grant dated June 17, 1988 from Leisure Technology Corp. of Oceanside to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 88-306 , adopted on August 23, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 24, 1988 I By: (g c111 L ALETHA L. 'RAUTENKRANZi Cdty Clerk e e [/ // v , $3 /$-g . .. v 1 * * t ,,' i ,.' '. 1: L , ,," : 9- i.1 * "s!?~ KECORDING REQUEST BY: 0 2 18 2 g%*kZ62EO B . ,t ' " L * ~RDD Rw &F m &M&?!m R9 m. "J " .__ ~ ___. - 7- ".-, .- - ." ... :. - .,i .: . -. ....~. ,: -. -, >,-.- 4- ... CITY OF CARLSBAD ... 3 t. .- I ..... 3 ci -. ;;. . ~-. . :. ' - - I ,:.2 = .. . ," . j -. . . ., *. : :, "..". . ., , . -. , :; ' , = I WHEN RECORDED MAIL TO: CI'I'Y OF CAjLSBAI3 CITY CLERK 1200 Elr.1 Avenue Carlsbad, CA 92008 fi-f? ?!\-? >x-> . ? Fi %<.= q f, p.- ??3 r,, 2. 3 .=~.- ;;=r- 4.-w + = '.? . : .. - . ii. I -.. ... __ . : i ??? . i 7 ;- f .< ....... ._ ." .. ,_l ..... .L . -.~y2 i .. .a.2*:,+"* 5 . . - ," . - .- -. . ..~ .. ~.. .. ."" NC Space Above This Line For Recorder' I, '.' ~ y -, >_ , "' ~ , > ;." ,,.\ /- . <. ,' ! ,.,' . >.; SUBORDINATION AGREEMENT".:,,..-, . " <.> 1 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN TIiE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACIIES AND HAS TIiE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 17th day of June la by LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporation owner of the land hereinafter described and hereinafter referred t . 3s "Owner," and P~K. VIEW WEST, A Jojnt Venture Comprised of CHRISTOPHER HOMES DEVELOPMENT, A.Calitornia General Partnersnlp, ana I EQUITY PARTNERS, a California Corporation present owner and hold of the deed of trust and note hereinafter described and hereinafte referred to as "Beneficiary"; _. WITNESSETH THAT WHEREAS , Owner did execute a deed of trust, April 8,19 88 I to First American Title Insurance Company, a California Corpyr%$iwustee, covering Parcel 1 of Parcel Map 13524, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of SAn Diego County, October 25, 1984, as File No. 84-403293 of Official Records. to secure a note in the sum of $ 223,000.00 , dated April 8, 1988 , in favor of PARK VIEW WEST, A Joint Ventu. wgi- ~~c~~~~s~~~~;~~ Ap 1 I ~~~~~~~~TiE~~~~~~~~~iC,aE6f~~~~~i~Bn~~~16~~~~: , in 00 Official Records of said county: and Page q WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of easement dated 2me 17, 1988 This document is being recorded by First American Ti.ttfe Insurance co. as an accommodation only It has not St=m examined as to exwrition or impact on title. 6 * 9. : G I y7p .. , a. . .. 1 . e.- 2 " ' 0 0 2183 e " -. in favor of THE CITY OF CARLSBAD I as grantee herein referred to as "Easement Grantee," creating an easement more particularly described in Exhibit "A" attached hert and WHEREAS, it is a condition precedent to obtaining said easement that said grant of easement above mentioned shall uncon- ditionally be and remain at all times a charge upon the land her€ 'before described, prior and superior to the lien or charge of thc deed of trust above mentioned; and WHEREAS, Easement Grantee is willing to accept said ea: ment provided the grant of easement is a charge upon the above described property prior and superior to the lien or charge of tf 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 created in favor of Easement Grantee: and WHEREAS, it is to the mutual benefit of the parties hex that Easement Grantee accept said easement and Beneficiary is willing that the grant of easement shall, when recorded, constitt a charge upon said land which is unconditionally prior and superi 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, receipt and sufficiency of which consideration is hereby acknowlc and in order to induce Easement Grantee to accept said easement E referred to, it is hereby declared, understood and agreed as follows : (1) That said easement 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. I -2- *.e ' . I" - * '.9 e ,I .. '* - .: 0 2184 c _- (2) That Easement Grantee would not accept said easement above described without this subordination agreement. .. a ' (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 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 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 (a) He consents to and approves the grant of easement in favor of the Easement Grantee. (b) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the easement in favor of Easement Grantee above referred to and understands that in reliancl upon, and in consideration of, this waiver, relinquishment and subordination the grant of easement is being executed and delivered, the easement is being created: and that specific monetary and other obligations are being I -3- - .e .a . \ .,* .. , > $ ,:".* a. *- e 0 2185 I. .. . -. 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 this waiver, relinquishment and subordina- . tion; and (c) An indorsement 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 ease- ment in favor of Easement Grantee above referred to. i PARK VIEW WEST A JOINT VENTURE LEISURE TECHNOLOGY CORP. OF OCEANSIDE, A California Corpol CHRISTOPHER HOMES*DEVELOPMENT A,.Cali$ornAa General._Partnership 8 BY: T BE ACKNOWLEDGED) n z 1 BY: <\ kGE \i LLL ( )\' <Qk(,fl Vale'de A. Williams, - SeYretary % BY: PACIFIC EQUITY PARTNERS A California Corporation. Joint-Venturer * $7 .bPL. fid7 BY: 8' c , j&S,& % .e" Ei-6 4 Z &,\& -9 dl; &i, &LC .. Beneficiary -. . (' BY: , IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINA'I AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. I & -4- FA Form 1 (Existing Deed of Trust to New Easement) . rl) - ., ._ c c C "4 L a, -E :e Fg iiE -0 ii; y mu 8s FS 25 om I G P 'D N 0 0 m i j , before me, the undersigned, a Notary Public in and for said State, personally appeared Marquis L. Cummings and , personally known to me (or proved to me on the jss. 0 2 186 basis of satisfactory evidence) to bs the persons who executed the within instrument as Vicepresident and Secretary, on behalf of Christopher Homes Inc. the corporation therein named, and acknowledged to me that suchcorporationexecutedthewithin instrument pursuantto its tlNDA A. CHANDLER by-laws or a resolution of its board of directors. WOTARV PUBUCCMlHWtNU PrHrnPAL ORICL I# w DIEGO OOUMY (This area for official notarial seal) U' "~ ~ ~ - ~~~ ~~~-~~_" ~ ~~ 1 JSS. STATE OF CALIFORNIA COUNTY OF an n1qn 1 u = ? said State, personally appeared Joseph A- Gallasher and On June 17, 1988 , before me, the undersigned, a Notary Public in and for E. - u - Valerie A. Williams , personally known to me (or proved to me on the LE President and Secretary, on behalf of Leisure F8 Technology Corp. of Oceanside 0 ;E 3 ******e****************************+ 6 2 the corporation therein named, and acknowledged to me that t OFFICiAAL SEAL $ Pz. 0 LD such corporation executed thewithin instrument pursuanttoits z SHERRY A. SPINA : L5 i $ basis of satisfactory evidence) to be the persons who executed the within instrument as Zrn LQ * * by-laws or a resolution of its board of directors. * NOTARY PdBLLC-CALtFORNIA $ ... * NOTARY BOND FILED IN g * SAN DlEGO COUNTY * * :: My Commission Expires November 2, 1990 g *******+***********+************e*** (This area for official notarial seal) 2 ~-~ ~~- ~ I " . . v STATE OF CALIFORNIA ) COUNTY OF SA.N DIEGO) On July 5 , 1988 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared D. R. McArthur , known to me to be the - - President, and Patricia R. Hirai , known to me to be the - - Secretary of . PACIFIC EQUITY PARTNERS . . , the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the within instrument pursuant to its By-laws or a Resolution of its Board of Directors; said corporation being known to me to be a joint venturer of PARK VIEW WEST , a joint venture, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same individually and as such joint venturer and that such joint venture executed the same. ss. - - WITNESS my hand and official seal. t. f,-Y f ;,, "V . ;j' ,d I "A!, Y f "$-$'4 /LJf,b&7,, c ,, [& ' &.<& l,/,d??j n $j%) x Notary Public in and for sa@ County and State. CATHERME B. BARNETT MY Commission up. May tk 1990 NOTARY PUBLIC-CALIFORNIA SAW OIEGO COUNTY .CORM,46c DAWCO PRESS v HA" 1- *' . 2 RIC~NGINEERINGXOMPANY I ;a VIL G CONSULTANTS ENGINEERS c --! 3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008 TELEPHONE 0 AREA CODE 619 729-4987 3 JOB NO. LEGAL DESCRIPTION FOR: BY JLF DATE SHEET 7928-R CHK'D. PROPOSED DRAINAGE EASEPIEPJT ~ . 1 0 11-8-85 An easement being a portion of Parcel 1 as shown on Parcel Map No. 13524, on file in the Office of the County Recorder, in the County of San Diego, State of California, more particularly de- scribed as follows: A strip of land 15.00 feet in width, lying 7.50 ,feet on each side, measured at right angles and parallel with the following described centerline: Commencing at the Northwest corn'er of said Parcel Map; thence along the Northerly boundary of said Parcel Map South 63O38'35" East 47.03 feet to a point on a non-tangent 1437.00 foot radius curve concave Southeasterly, a radial line to said point bears North 63"40'16" West, said point also being on the Easterly right- of-way of Rancho Santa Fe Road as shown on said Parcel Map; then,ce leaving said Northerly boundary along said Easterly right- of-way along the arc of said curve through a central angle of l"52'06" a distance of 46.86 feet to the TRUE.POINT 0F.BEGINNING; '. thence leaving said Easterly right-of-way South 35"48'41" East 75.00 feet to the POINT OF TERMINATION. The sidelines of said easement shall be lengthened or shortened to begin on said 1437.00 foot radius curve and pass through the TRUE POINT OF BEGINNING and to terminate at right angles through the POINT OF TERMINATION. 4 \ I TITLE CO. REFERENCE DATE BY DATE ORDERNO. COMPANY ,. , ,. DESCRIPTION REVISIONS EXHIBIT 2,- 1 l -A Y.. #I W? P t c 0 2188 0 t - N@ol~02" w MgW) PhA NO, 12586 """ L - N3S0#'4V' w 73W' PM NO, 13524 PARCEL. 1 I. ,I. .. LF6€N'D c 1 ...... /NDC'?ES DATA PER PM NO. 19'24, UNLE5S OT%EJRW/~€ Nd7ED [ 1.. .. . ../ND/GATE5 DATA PIX' PM NO. /25& A%!........ RAD;/AL B€AK/W E? -La VICINITY MAP I IRICK PLANNERS-CIVIL ENGINEERING ENGINEERS-LAND COMP SURV PLAT 7-0 fLLff5TKATE DRAINAGE €4S€M€W 5620 FRIARS ROAD SAN DIEQO, CA. 921 SAN DIE00-(7 14) 291.-0707 3088 PI0 PIC0 DRIVE,SUITE 202,CARLSI CA.92008 CARLSBAD-(714) 729-4987 368 So. RANCHO SANTA FE ROAD,SAN YAI CA.92069 SCALE: /'% 50'1 DATE : //-8-Bq PROJ. N( EXHIBIT A-2 e IC e9 &C-s ,- ,", y '. b* i 11 3 &3 c ,f p i'. / ! /, .- .- cl i .1 .; * i A!> FECORDING REQUEST~BY: .? 0 2189 CITY OF CARLSBAD E w-=+.- .- f, .". . -__. - .-.- .-. " . . .. . :- i. _" .- " "sr;.q ... . . -1 . ...- " . . . .. .. -. 3 .-. . : . -- " ... r_ ," Lo ' mmm RWrn 08 FQST .;WIwIW rnE 74% . .-.>- : . . .. ,.. . . :.L r 1 .. I~ . - - . ., - : ~.. i i I -i- . - "..< 088 42626 f WHEN RECORDED MAIL TO: CITY OF CARLSBAD CITY CLERK 1200 Elm Avenue Carlsbad, CA 92008 E.: ?.%*.-, cy "* "i -. ;.;:-; -~ ,-< 3 i-53 3: !, i : i c: 'i ? " . .".. .. . . .. ;\,-a - ,. ,. & " . . . i . +; .* 3 -1 _._ 3 .. .. ." . . . . . . . . - - - * ,_ .. -. . -~ . .,. .' i ../. ~< .,.:-; i _=Ls - NC Space move This Line For Recorder' 3 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE INSTRUMENT ATTACIIES AND HAS THE POTENTIhL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. REAL PROPERTY TO wIcrI YOUR SECURITY THIS AGREEMENT, made this 17th day of June 19 by LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporation owner of the land hereinafter described and hereinafter referred tc - as "Owner," and CITICORP REAL ESTATE, INC., a Delaware Corporation* y :. ' , ~. tp_" .. present owner and hold€ * b AS ignment recorded 4-8-88 file/page NO. 88-163797 of The %eed of trust and note hereinafter described and hereinaftex referred to as "Beneficiary": - WITNESSETH THAT WHEREAS , Owner did execute a deed of trust, April 8, 1988 Company, a California Corporation I toFirst American Title Insul f as trustee, covering Parcel 1 of Parcel Map 13524, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, October 25, 1984, as File No. 84-403293 of Official Records. to secure a note in the sum of $ 2,445,486.90 f dated . April 8, 1988 , in favor of::BCE DEVELOPMENT INC., a Delewax or oratio formerl~ok~~weo~?a, D 6f;dboof;Pany ON C@~PoRAT:o% ??lfAbS0t8 g8EB?:oant=C \udkj%8& Bf7 xE%!?r8 1 8 page 86-163795 Official Recorda of said county: and , WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of easement dated June 17, 1988 This document is being recorded by First American Tide Insurance Co. as ~ln accommodation only. It has not been examined as to execution or impact on titie. -' 4;. 1. .. ,; ,. . e r 0 2190 0 .I ' e. 'a :t ,. .in favor of THE CITY OF CARLSBAD as grantee herein referred to as "Easement Grantee," creating an easement more particularly described in Exhibit "A" attached here, and WHEREAS, it is a condition precedent to obtaining said easement that said grant of easement above mentioned shall uncon- ditionally be and remain at all times a charge upon the land herej 'before described, prior and superior to the lien or charge of the deed of trust above mentioned; and WHEREAS, Easement Grantee is willing to accept said easc ment provided the grant of easement 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 created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties here that Easement Grantee accept said easement and Beneficiary is willing that the grant of easement shall, when recorded, constitut a charge upon said land which is unconditionally prior and superio 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, t receipt and sufficiency of which consideration is hereby acknowled and in order to induce Easement Grantee to accept said easement ab referred to, it is hereby declared, understood and agreed as follows : (1) That said easement 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. I -2- .. - I. . . - .d. . L c I' . ,' - a 0 2191 e :r (2) That Easement Grantee would not accept said easement 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 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 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 (a) He consents to and approves the grant of easement in favor of the Easement Grantee. (b) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination the grant of easement is being executed and delivered, the easement is being created, and that specific monetary and other obligations are being I -3- c- \.)! - e, _I Io ' \*+. * < , :' .' .. 1 0 2192, I. _I. .# *' 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 xeliance upon this waiver, relinquishment and subordina- . tion: and (c) An indorsement 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 ease- ment in favor of Easement Grantee above referred to. CITICORP REAL ESTATE, INC., a Delaware Corporation LEISURE TECHNOLOGY CORP. OF .OCEANSIDE, a California Corporal P BY : 1 Beneficiary BY: i (ALL SIGNATURES MUST BE ACKNOWLEDGED) i * 4 $ /" 8" ! i 'i h . BY: v BY: (3, . (1 ~ Q. 1 ~- I , h ,( i A+> ( QkL/-L/ > -, " - - - Valerie A. Williams, Secretary _- t r: * L * IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATI AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. -4- FA Form 1 (Existing Deed of Trust to New Easement) 0 @ s x CORPORATE ACKNOWLEDGMENT 0 2193 Stateof Th\iF~~-v\i k On this the "$3- day of Tune 19=, before m Lse mess ina the undersignled Notary Public, personally appeared AL &e&vv\r3h 3 personally known to me - L pz >e MATHRYN LEE MESPJA to be the persono() who executed the within instrument as named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. #Dww PW - CALtFORw J; Ce Qce st 49 *+ or on behalf of the corporation there 1120 122 ~""_~ ~~~ ~~-~ ~~~~ ~ ~~ ~~ NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave. - P.O. Box 7184 - Canoga Park. CA 91, ~ ~~~~ __ ""_""" ~~ ~ ~~ ____"~ -~~~~ .~ ~~ =2=Y ) !! - - - U ? ? STATE OF CALIFORNIA COUNTY OF 1 On said State, personally appeared San Dieqo }ss. June 17, 1988 , before me, the undersigned, a Notary Public in and for Joseph A. Gallagher and Valerie A. Williams , personally known to me (or proved to me on the ;g basis of satisfactory evidence) to be the persons who executed the within instrument as 5- - c: :E P esident an Secretary, on behalf of Lei Sure ;: . NOTARY BOND FILED IN i s SAN OIEGC) COUNTY * 'I'echnology dorp. if Oceanside iy j 5 the corporation therein named, and acknowledged to me that I* OFFICZAL SEAL * * * : 2 such corporation executed thewithin instrument pursuanttoits $ SHERRY A. SPINA X t5 , by-laws or a resolution of its board of directors. * : WITNESS my hand a official seal. 3 ........................................ * NOTARY f'~~i.lS"ALfFO&'NtA * 2 4 u 3 ? Signature dL& (This area for official notarial Seal) t My Commission Expires Nodember 2, 1990 3 ***************I******~*********** "' I# I_ 8 .TIL .- . FORM ,'Sa 'E)AWCO PRESS _. RIC~NGINEERING COMPANY I e IVIL NG CONSULTANTS ENGINEERS ' 3088 PI0 PIC0 DR. 0 SUITE 202 CARLSBAD, CA 92008 n TELEPHONE AREA CODE 619 729-4987 .1 SHEET DATE BY LEGAL DESCRIPTION FOR: JOB NO. J LY 7928-R 1 OF 11~8-85 CHK'O. . PROPOSED DRAINAGE EASEMENT An easement being a portion of Parcel 1 as shown on Parcel Map No. 13524, on file in the Office of the County Recorder, in the County of San Diego, State of California, more particularly de- scribed as follows: A strip of land 15.00 feet in width, lying 7.50 feet on each side, measured at right angles and parallel with the following described centerline: Commencing at the Northwest"c'd'rner of said Parcel Map; thence along the Northerly boundary of said Parcel Map South 63'38'35" East 47.03 feet to a point on a non-tangent.1437.00 foot radius curve concave Southeasterly, a radial line to said point bears North 63"40'16" West, said point also being on the Easterly right- of-way of Rancho Santa Fe Road, as shown on said Parcel Map; thence leaving said Northerly boundary along said Easterly right- of-way along the arc of said curve through a central angle of l"52'06" a distance of 46.86 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly right-of-way South 35'48'41" East 75.00 feet to the POINT OF TERMINATION. The sidelines of said easement shall be lengthened or shortened to begin on said 1437.00 foot radius curve and pass through the TRUE POINT OF BEGINNING and to terminate at right angles through . the POINT OF TERMINATION. .. ' ,. . , I COMPANY DESCRIPTION TITLE CO. REFERENCE DATE ORDERNO. REVISIONS BY DATE EXHIBIT A-1 r* *A r - ,~ 1. e 0 2195 I) I d h PM NO, 12586 N b/0/9'02" W MD&ALL) """ - NW 3~22~~ ~AD~AU] ""-" . ' kL N350&'4qP w 75.h' PM NO, 1'3524 ,. . . E6€ND < >.. .... /NDIGA7€S DATA PER PM NO. i3324, UNLE'S OP%ERW/5E N07ED [ 1.. .. . ../ffD/CATE5 DATA ER PM NO. i25& ML? . . . . . . . . RAD/AL BEAR16 -!sa, VICINITY MAP 1 b RICK ENGINEERING COMP PLANNERS-CIVIL ENGINEERS-LAND SUR1 I PLAT TO fU ffSTKAT€ I 5620 FRIARS ROAD SAM DIEGO, CA. 92' SAN.DIEG0-(714) 291-0707 DRAINAGE €AS€M€JT 3088 PI0 Pic0 DRIVE,SUITE 202,CARLS CA.92008 CARLSBAD-(714) 729-4987 365 So. RANCHO SANTA FE-ROAD,SAN MA CA.92069 J SCALE: /I& 50'1 DATE : /f-8-851 PROJ. N EXHIBIT A-2 , ".> e c ~1pJW "6%- ; f ./' I' i I