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Home My WebLink About1990-06-19; Municipal Water District; 024; CMWD Project No. 89-C-316. . 48# fQ4 VITG. L-J q-90 2EPT. ENG. -, -. JMWD - AGENDA BILL TITLE: ACCEPTANCE OF GRANT DEED AND SUBORDINATION AGREEMENT FOR WATERLINE PURPOSES RECOMMENDED ACTION: Adopt Resolution No. 662 ----- accepting a Grant Deed and Subordination Agreement for Waterline purposes. ITEM EXPLANATION: Mercotac, Inc., developers of the subject project, have granted an easement as directed in the attached document. The easement is granted to the District for maintenance and operation of the water service to the project. La Jolla Bank & Trust Company, bene'ficiary of the subject project, have granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Lot 6, Carlsbad Tract 79-14. The subject project is located at the northwest corner of Corte de1 Cedro and Corte de la Pina. Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes. FISCAL IMPACT Requiring dedications and subordination agreements as a condition of water system improvements will save the District expenses in future easement acquisitions. EXHIBITS 1. Location Map. 2. A Grant Deed and a Subordination Agreement from Lot 6, Carlsbad Tract 79-14 dated u-zj: /Y9& . / 3. Resolution No. -AA&L- accepting a Grant Deed and Subordination Agreement for waterline purposes. CMWD 89-C-316 8 .;P,,,-,, i4 a r- r I CORTE DE ILA PINA PROJECT NAME: CORTE DEL CEDRO PRLIJ EXHIBIT NOI PIP 89-13 1 CMWU 89-C,316 ACCEPTING WATERLINE EASEMENT FOR LOT 6 CT, 79-14 MAP 9744 IIN CORTE DEL CEDRO a N VICINITY MPtP nm zeclll f ,’ .; t r. ,...- -- * - “15 6 ‘i PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 - ,r-:Cf;$~~f< ;s i :; I -zl f.;. .i-.._ .-.‘e.-.>. .% ! * .,i :‘-r--‘- ‘::‘,. <- :.;‘. _ _ ., . :: :’ J-\b - 5 fg Ii : 35 Assessor's Parcel No. 213-070-06 Project Name & No. Lot 6, Carlsbad Tract 79-14 CMWD 89-C-316 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. vRautenkranz, Secretary Board of Directors EASEMENT MBRCOTAC, INC., a California corporation 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 natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, NO FEE 1 I I ’ . - - repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit rrAtV and Exhibit l'Brr attached hereto and by this reference made a part hereof. MBRCOTAC, INC. a California corporation By -&d+ ;4. && Timothy R.lbreslie, President BY CARLSBAD / * MUNICIPAL WATER DISTRICT Dated June 19, 1990 (Attach Notary Acknowledgment) CMWD 89-C-316 2 h / -* . .I’ , , * I This is to certify that the interest in real property conveyed by the Deed dated April 23, , 1990, from MERCOTAC, INC., a California corporation as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on June 19, -PeP-mpm,I 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED June 20, , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: Aletha L. Rautenkranz, Secretliry Carlsbad Municipal Water District CMWD 89-C-316 Notary Acknowledgment for Lot 6, Carlsbad Tract 79-14 State of California 1 1 ss County of San Diego 1 On this 23rd day of April in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared Timothy R. Leslie, -0 me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. ~ (Seal of Notary) State of California 1 1 ss County of San Diego 1 On this 23rd day of April in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared Bruce Enigenburg, . . persona&&y--know::: ae (or proved to me on the basI?; of SW ev idence) the person who executed the within instrument as secretary or on behalf of the corporation therein named and acknowledged to me that the corporation executed i (Seal of Notary) CMWD 89-C-316 i , - -2 ., . .f ( . I : I. LOT 6, C.T.79-14, MAP NO. 9744 CMWD 89-C.316 .JN 124/89/00 l/24/90 FF REV 2/26/90 FF. EXHIBIT A ALL THAT PORTION OF LOT 6 OF CARLSBAD TRACT NO. 79-14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 5, 1980, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT ON THE MOST NORTHEASTERLY CORNER OF SAID LOT 6, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY OF CORTE DEL CEDRO; THENCE SOUTH OaO'48" WEST, 121.00 FEET ALONG SAID WESTERLY RIGHT OF WAY OF CORTE DEL CEDRO AND ALONG THE EASTERLY PROPERTY LINE OF SAID LOT 6 TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 89'59'12" WEST, 33.00 FEET;' THENCE NORTH 0'00'48" EAST, 78.00 FEET; THENCE NORTH 89*59'12" WEST, 45.00 FEET TO POINT 'A'; THENCE NORTH 89"59'12" WEST, 47.80 FEET; THENCE NORTH 33"44'12" WEST, 33.26 FEET TO A POINT OF TERMINUS. ALSO PBRCEL Al: BEGINNING AT THE AFORESAID POINT 'A'; THENCE NORTH Cf 00'48" EAST, 20.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE SAID STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS AND SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY OF CORTE DEL CEDRO, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID -CENTERLINE AT -CZNTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A AND Al: 3743.39 SCUARE FEET CHARLES S. KAHR R.C.E. 23907 DATE RZGISTRAT;ON EXPIRES: 12/31/93 WS/i24-89 1 . 1 L , , i. ~ . ,- I. * * d, +e ’ ” . - I ’ . . * G’ Cmvl-E~ b&L CEDDnO - f5?j ‘. ---- 31’ -. T&U& i@hVT a=B&G//YN/NG . -P-l.-,. y5 o-0*6- w .- _ b /z/,cc f ’ d PO/NT OF / W’LY Row LIMl5 d 0E~lvh%w ( N 09’5Y’/Zcn’, 33.d L’JT ‘3 :‘-I :4 I’ r\\ (J 9 74-4- - N 09’57 ‘12” g, 45~’ L’3T I I :q /J’ !’ \\I (,3 7 74. q. CH,C?RL~~ 5. KAHR fl.C.6 2 3907 DA-I-E AEGIsTRA~-IoI\I ExP/ttES /2/3~/93 KAHR AND ASSOCIATES 4401 MANCHESTER AVENUE, SUITE 107 ENCINITAS,CA. 92024 .Ph: (6191632-1941 nv /24/89/00 /,~3/so V,crIilTY MAP EXH/EM-‘fi’ , ~oj-6, c7-7S-14, MPP No. 5744 C.i’+W.D- T?J+~. 316 1 , 7: . . ‘.r- ” c .‘ -‘. ,- PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 '"' fEcfffbEI,. $;I - i OF THIS DISTRICT (GOV. CODE [6103]) ) P JF~t~::ici F:‘t.':::-;:"-'i r 1 ... ;;.:;";:.~ ,i. . . . . ,_.. ..‘:. . . : RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO i yj 33: -5 Af? 11: ?I>; 1 3 Carlsbad Municipal Water District ' ) j $F$ -t~,gs~& , -.- ;.;t= f : 5950 El Camino Real 1 - -. : Carlsbad, California 92008 NOFEE Space above this line for Recorder's use. A.P.N. 213-070-06 CMWD Project No. 89-C-316 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN TEE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. 93 " day of THIS AGREEMENT, made this '- Apt6 1 I 19% by MERCOTAC, - INC., a California corporation hereinafter referred to as llOwner,l' owner of the land and LA JOLLA BANK AND TRUST COMPANY hereinafter referred to as tlBeneficiaryl'; present owner and holder of the deed of trust hereinafter described; WITNESSETE THAT WHEREAS, MERCOTAC, INC. did execute a deed of trust, dated February 20, 1990, to LA JOLLA BANK h TRUST COMPANY as trustee, covering Lot 6, Carlsbad Tract 79-14 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 9744 filed August 5, 1980, to secure a note in the the sum of $200,000.00 dated February 20, 1970 in favor of LA JOLLA BANK AND TRUST COMPANY recorded in the office of the County Recorder of San Diego County on February 26, 1990 as FILE/PAGE NO. go-102045 of Official Records/of said county: and 1 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated &?&L ajT/X@ , in favor of the Carlsbad Municipal Water District as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibits A and B attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement 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 hereto that Easement Grantee accept said Easement and Beneficiary is willing the grant of Easement shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said Easement above 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 ’ ‘. .a . . , Ii?4 - property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said Easement 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: 1. He consents to and approves the grant of Easement 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 in favor of 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 is being executed and delivered, the Easement is 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 3 I ‘2 . : ‘. -1575 - reliance upon the waiver, relinquishment and subordination; 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 in favor of Easement Grantee above referred to BENEFICIARY OWNER: LA JOLLA BANK AND TRUST MERCOTAC, INC., a California COMPANY corporation President *'George K/Stratid, Senior Vice President NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY TEE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING TEE INDIVIDUAL SIGNING IN BEHALF OF THE- CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: ,, (Notarial acknowled & nt 'of execution by OWNER and BENEFICIARY must be attached. .,( *.‘.a ,. -.. .‘, . . 'Notary acknowledgment - 1576 for Lot 6, Carl&ad Tract 79-14 State of California 1 1 ss County of San Dieqo 1 On this 25th day of day in the year before me, the undersigned, a notary public is and for . . -- 1990, said state, personally appeared Amanda Strans personally known to me (or proved to me on the basis 0; satisfactory evidence) to be Vice President of the La Jolla Bank and Trust Company, the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Tamalyn S. Maldonado (Seal of Notary) State of California ) 1 ss County of San Diego i On this 25th day of May in the year 1990 before me, the undersigned, a notary public in and for said state, personally appeared George K. Stratis personally known to me (or proved to me on the basis 0; satisfactory evidence) to be Senior Vice president of the La Bank and Trust Company, the association that executed the within instrument, known-to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Tamalyn S. Maldonado CMWD 89-C-316 (Seal of Notary) _ ~--- OFFICML SEAL / TAMMYNS.flhUWNM r -sd WTARY PUBLIC- CMIFCRNIA WJDlE6OCafwTy , . :* *’ 15?? Notary acknowledgment for Lot 6, Carlsbad Tract 79-14 State of California ss County of . San DIean 1 On this 23a day of ><I in the year 1990, before me, the undersigned, a notary public is and for said state, personally appeared Timothy R. Leslie, -0 ~IF (or proved to me on the basis of satisfactorv evidence) to be the person who executed the within instrument as presider& or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. BARBARA L LEE NOTARY PUBLIC - CALIFORNIA c..~&JJ@$ w (Signature of Notary)-' (Seal of Notary) State of California County of San Dieno 1 1 ss 1 On this 23rd day of April the undersigned, a notary public in the year 1990, before me, in and for said state, personally appeared Bruce Enigenburg, person-&H -y-k.*ew~ me- (or proved to me on the basis of satisfactorv evidence) to be the person who executed the within instrument as secretary or on behalf of the corporation therein named and acknowledged to me that the corporation executed it . uYiiLwM$ of Notary)/ !A NOTARY PUBLIC - CALFORNIA (Seal of Notary) CMWD 89-C-316 6 ., j’s ‘,‘.‘f . . I i I* LOT 6, C.T.79-14, MAP NO. 9744 CMWD 89-C.316 .JN 124/89/00 l/24/90 FF REV 2/26/90 FFT EXHIBIT A ALL THAT PORTION OF LOT 6 OF CARLSBAD TRACT NO. 79-14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 5, 1980, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT ON THE MOST NORTHEASTERLY CORNER OF SAID LOT 6, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY OF CORTE DEL CEDRO; THENCE SOUTH 0'0'48" WEST, 121.00 FEET ALONG SAID WESTERLY RIGHT OF WAY OF CORTE DEL CEDRO AND ALONG THE EASTERLY PROPERTY LINE OF SAID LOT 6 TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 89"59'12" WEST, 33.00 FEET;' THENCE NORTH 0'00'48" EAST, 78.00 FEET; THENCE NORTH 89'59'12" WEST, 45.00 FEET TO POINT 'A'; THENCE NORTH 89O 59'12" WEST, 47.80 FEET; THENCE NORTH 33"44'12" WEST, 33.26 FEET TO A POINT OF TERMINUS. ALSO PARCEL Al: BEGINNING AT THE AFORESAID POINT 'A'; THENCE NORTH 00 00'48" EAST, 20.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE SAID STRIP OF LANDS SHALL .. BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS AND SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY OF CORTE DEL CEDRO, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID -CENTERLINE AT 'CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A AND Al: 3743.39 SOUARE FEET CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATiON E.YPIRES: 12/31/93 Wj','124-89 1 ’ - , * .a f’ ,“..:,. . ‘, ‘2 .,‘. , *> I. wg ** * : . L --t- --CORT-E- &L kED/?O - -- 1 -L I rs 0”0’40” w /ZLcw~ WILY Row LIMJb N 69’5Y’/2w, 33.m’ PO/NT OF / Bb&h’Na%- N 09’59’/2” r/, &i&z/ k/Q-i c: N gYm’rz”W, 47.d ‘V\, p, ;7 I p/c . 3 7<? q- I 9 I WCilTY IYAP . Ch’tJRL~5 5. KAi-iR &.C.E 23407 DATE A E&lSTflfi~Io~\I Ex?/R&S /2/3//s3 N7-5 KAHR AND ASSOCIATES 4401 MANCHESTER AVENUE, SUITE 107 ENCINITAS,CA. 92024 Ph: (619)632-1941 . JN /24/a9/00 //dYQ EXHlE5lT I&’ . ’ LOT&, 6ir 7?-14, MAP NO. 4744 W#TER I l/\JE EASEMEM- C.MW.D. 9% c.. 316 J 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 662 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOTS 6, CARLSBAD TRACT 79-14, CMWD 89-C-334. WHEREAS, MERCOTAC, INC., a California corporation, has submitted a Waterline Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lot 6, Carlsbad Tract 79-14; a Subordination Agreement from La Jolla Bank L Trust Company which provides that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement attached thereto and shall be made a part thereof; WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to accept said Deed and Subordination Agreement: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Mercotac, Inc. dated April 23, 1990 _ conveying an easement for waterline - purposes and a subordination agreement from La Jolla Bank 8 Trust Company to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement over a portion of Lot 6, Carlsbad Tract 79-14 which is on file with the Carlsbad Municipal Water District and is incorporated herein reference, is accepted. 3. That the Secretary of the Board is authorized to cause the original Deed and Subordination Agreement to be recorded in the Office of the County Recorder of San Diego County, State ,of 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Municipal Water District held on the 19th day of June I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ~lgjL& , President ATTEST: UR. Rd ALETHA L. RAUTENKRANZ, Secr#tary (SEAL) CMWD 89-C-316