Loading...
HomeMy WebLinkAbout1990-08-14; Municipal Water District; 041; Grant Deeds & Subordination Agreements. , A ,MWD - -AGENDA BiLL d zfl%f7F? ACCEPTANCE OF GRANT DEED AND SUBORDINATION DEPT. ENG. AGREEMENT FOR WATERLINE PURPOSES CMWD PROJECT NO. 88-C-252 RECOMMENDED ACTION: DEPT. HD. Adopt Resolution No. 677 ---- accepting a Grant Deed and Subordination Agreement for Waterline purposes. ITEM EXPLANATION: Marlborough Development Corporation, developers of the subject project, have granted an easement as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the project. Security Pacific National Bank, beneficiary 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 1, Windsong Shores, Carlsbad Tract 83-4. The subject project is located east of Iiarbor Drive south of Chinquapin Avenue. 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 arlborough Development Corporation dated 3. Resolution No. 677 accepting a Grant Deed and ----- Subordination Agreement for waterline purposes. CMWD 88-C-252 < . . . , ‘- L v’ . 0 I WATEU EASEMEJT ACQb!!REL’ LOCATION MAP NOT TO SCALE 9fa7- L -Z ‘ROJECT NAME V-‘YDSONG SHORES -_ _ c44wD623-c. 252 PROJECT NO. f? R. 3 X37, JN 300-2 . 215’0 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 Assessor's Parcel No. 206-222-23 Project Name & No. Lot 1, Windsong Shores Carlsbad Tract 83-4 CMWD 88-C-252 - 90 473308 hlQ FEE DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, Se&etary Board of Directors EASEMENT MARLBOROUGH DEVELOPMENT CORPORATION, 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, 1 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 "A1' and Exhibit llBrl attached hereto and by this reference made a part hereof. MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation BY BY 1//&L - President Secretary R DISTRICT Dated (Attach Notary Acknowledgment) CMWD 88-C-252 2 ‘$?I52 4 This is to certify that the interest in real property conveyed by the Deed dated May 16 -----mm- -----I 1990, from MARLBOROUGH DEVELOPMENT CORPORATION, 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 August 14 , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: CMWD 88-C-252 3 * ~ 9353 - Notary Acknowledgment for Lots 1 & 2, Windsong Shores, C.T. 83-4 State of County of On this /h day of 1990, before me, the undersig state, personally appeared personally known to me (or in the year lit in and for said on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president m or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Seal of Notary) State of satisfactory evidence) to be the person who executed the within instrument as w (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Seal of Notary) SOCC'RRO M GARCIA NOTARY PUBLIC - CALJFORNIA RIVERSIDE cw)NIy hty mmm. expires FEE 20, 1983 CMWD 88-C-252 4 215 4 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 1, CARLSBAD TRACT NO. 83-4, IN THE CITY OF CARLSBAD, CODNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11454, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 10, 1966, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID MAP NO. 11484, DEFINED AS THE INTERSECTION OF THE LINES BEARING NORTH 61"20'49" EAST AND SOUTH 70"47'21" WEST; THENCE ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 29.20 FEET TO THE TRtJE POIU YF RFGINNING. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 139.46 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 17"37'07" EAST 24.60 FEET; THENCE SOUTH 72"22'53" WEST 18.00 FEET; THENCE NORTH 17"37'07" WEST 9.00 FEET; THENCE SOUTH 72"22'53" WEST 119.12 FEET; THENCE NORTH 28"39'11" WEST 11.94 FEET TO THE TRtJE POINT OF BE-. ABOVE DESCRIBED WATER EASEMENT CONTAINS 2052.63 SQ. FT. MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON AND ASSOCIATES R.C.E. 14594 REGISTRATION 'EXPIRES 3-31-93 12-4-89 CAP/ WW CMwD &@t?- c. 252 l . .,, 3155 , -L v-- 0 I WATER EASEMENT ACQU/RED LOCATION MAP NO7 70 SCALE 5+&9- _/ =‘FZ CMWD m-c. +%? =ROJECT NAME PROJECT EXHIBIT VR,rDSONG SHORES NO. B t? R. 3.7.37 -. . .lN 3flO-2 EXHIBIT “B” -i \ \ - -z . VICINITY MAP FLAT TO ILLUSTRATE N.T. S. WATER EASEMENT SU&5T z og2 PROJECT NAME WINDSONG SHORES c%fwo &5-c. 252 PROJECT EXHIBIT NO. B P.R. 3.7.37 PIlEASE RECORD THIS DOCUMENT AT -m.-. _ . . /Fi s z. NO FEE AS IT IS TO THE BENEFIT * ~ .: _ - .-. _ -- .i . i OF THIS DISTRICT (GOV. CODE [6103]) ) .: _-- RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO .' i .c..- -_ _T F ;.j i F :. ii *-. ?ty: I=-; +., 4 ..-_ 2, 3.2 'i! ! ; : 5 2 pii ii 1 '; i Carlsbad Municipal Water District i j_.. i . . i. I: -.. < i : J- 1.. ;: 5950 El Camino Real . ; 7 ;::,-*I _. ;.: .:-.. 1 \ L- -..d && FEE Carlsbad, California 92008 1 Space above this line for Recorder's use. A.P.N. 206-222-23 CMWD 88-C-252 SUBORDINATION 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 19;:> by MARLBOROUGH DEVELOPMENT CORPORATION, I a California corporation, hereinafter referred to as llOwner,ll owner of the land and SECURITY PACIFIC NATIONAL BANK, a National banking association, hereinafter referred to as "Beneficiarytl; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation, did execute a deed of trust, dated October 8, 1986, to EQUITABLE DEED COMPANY, a California corporation, as trustee, covering Lot 1, Windsong Shores, Carlsbad Tract 83-4 in the City of Carlsbad, County of San Diego, State of California, according to secure a note in the the 8, 1986 in favor of SECURITY PACIFIC NATIONAL BANK, a national 1 . < ’ 0 * ’ . ii50 4 banking association recorded in the office of the County Recorder of San Diego County on February 2, 1989 as File/Page No. 89- 057987 of Official Records/of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated May 16, 1990 , 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, 2 . . ..( ’ $159 . 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. 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 3 ‘I $I60 _ 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 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 SECURITY PACIFIC NATIONAL BANK, a national banking association @msLA~%.~~ SIGNATURE b TITLE\I;&&&&& \ (y ((. i‘- ‘,-----..--.~~~- SIGNATURE & -TITLE i,,( < r; ;.A~x...t OWNER: MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation SIGNATURE d TITLE 5~&/e67.. Y 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 TEE 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 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: Notarial acknowledgment of execution by OWNER and BENEFICIARY must be attached. / CMWD 88-C-252 4 8, . . 2161 - Notary Acknowledgment for Lots 1 &' 2, Windsong Shores, C.T. 83-4 State of C?/1fwnwL 1 County of L65 d On this /7y& day of before me, the undersigned, state, personally personally known to me satisfactory evidence) of the Security Pacific National Bank, ----?I----- 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. (Signature o@Notary) (Seal of Notary) OFFiCIAL SEAL EMOGENE OBA NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY MY Commission ExDires Dec. 13. 1991 County of & A,,/&3 1 ss 1 J On this / 7f-h day of before me, the undersigned, state, personally appeared *ii , l A personally known to me (or proved to AmE on the basis 0; satisfactory evidence) to be v/cc ~p'e~rd&~f of the Security Pacific National Bank, the associatidn 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. 1 CMWD 88-C-252 5 (Seal of Notary) NOTARY PUBLIC-WFOCZNIA LOS ANGELES COUNTY . 9 ’ Notary ackno:ledgment ghs2 -4 for Lots 1 & 2, Windsond Shores, C.T. 83-4 State of County ofe* i ss I On this said state, -2 day of .)?ff$/ ,J;zA~>~,tj'y=~~;; ~990, for personally appear d personally known to me (or proved to me on the basis ok satisfactory evidence) to be the person who executed the within instrument as president (e) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Seal of Notary) State of ~~&~2 ) County of ,&by- ; ss _- On this _L" day of before me, the undersigned state, personally appeared personally known to me ( satisfactory evidence) to be the person who executed the within instrument as -(or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Seal of Notary) OFFICIAL SEAL SOCCHX? M GARCIA NOTARY PUBLIC - CALIFORNIA CMWD 88-C-252 6 : ., . . 2163 -4 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 1, CARLSBAD TRACT NO. 83-4, IN THE CITY OF CARLSBAD, COlJNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11484, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 10, 1986, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID MAP NO. 11484, DEFINED AS THE INTERSECTION OF THE LINES BEARING NORTH 61"20'49" EAST AND SOUTH 70"47'21" WEST; THENCE ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 29.20 FEET TO THE TRtJE POW BEGJNNTNG. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 70"47'21" EAST 139.46 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 17"37'07" EAST 24.60 FEET; THENCE SOUTH 72"22'53" WEST 18.00 FEET; THENCE NORTH 17"37'07" WEST 9.00 FEET; THENCE SOUTH 72"22'53" WEST 119.12 FEET; THENCE NORTH 28"39'11" WEST 11.94 FEET TO THE TRlJE POTNT OF BE-. ABOVE DESCRIBED WATER EASEMENT CONTAINS 2052.63 SQ. FT. MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON AND ASSOCIATES R.C.E. 14594 12-4-89 CAP/ WH/ CMwD a- c. 252 0 I WATER EASEMEiVT ACQU/RED LOCATION MAP NOT TO SCALE -5+&S’- _/ OFZ CMn/Q LB-c.252 PROJECT NAME PROJECT EXHIBIT “‘:!4DSONG SHORES NO. B RR. 3.7.37 -__ JN 300-2 , ,. / : . . 1 i , 3165 .I I EXHIBIT ‘IB” p /f 8 s4 Y .y=@ * 0+ SC@ +* 9 ’ VICINITY MAP FLAT TO ILLUSTRATE N.T. S. WATER EASEMENT SU6.5T c arc c4fulD &J-c. 252 PROJECT NAME PROJECT EXHIBIT WINDSONG SHORES NO. B P.R. 3.7.37 JN 300-2 . RESOLUTION NO. 677 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 1, WINDSONG SHORES, CARLSBAD TRACT 83-4, CMWD PROJECT NO. 88-C-252 WHEREAS, MARLBOROUGH DEVELOPMENT CORPORATION, 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 1, Windsong Shores, Carlsbad Tract 83-4; a Subordination Agreement from Security Pacific National Bank, a national banking association, 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 Marlborough Development Corporation dated May 16, 1990 conveying an easement for waterline purposes and a subordination agreement from Security Pacific National Bank to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement over a portion of Lot 1, Windsong Shores, Carlsbad Tract 83-4, which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. 3. That the Secretary of the Board is authorized to cause -- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the original Deed and Subordination Agreement to be recorded in the Office of the County Recorder of San Diego County, State of 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 14th day of August # 1990 by the following vote, to wit: AYES: Board Member Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None . . UDE A. LEWIS, President ATTEST: ALETHA L. RAUTENKRANZ, Secreqary (SEAL) CMWD 88-C-252 ‘9. .a, . PLEASE RECORD THIS NO FEE AS IT IS TO 963 DOCUMENT AT 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 Assessor's Parcel No. 213-092-09 Project Name & No. Madison Square-Phase II-Lot 19 CMWD Project No. 89-C-293 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, Sedretary Board of Directors EASEMENT MADISON SQUARE DEVELOPMENT II, a California general partnership 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 1 - 964 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 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 "Al1 and Exhibit IIBll attached hereto and by this reference made a part hereof. MADISON SQUARE DEVELOPMENT II, a California general partnership By: By: By: KOPPEYT STRASSE, INC., a cpl.*,fornia corporation , ( i \ -l 1, i By=; k * ‘\ $&.-~~ YGERALD BOSSTICK, PURE LUCK, INC. a California corporation TWENTY-SEVEN M.H., INC., a California corporation MAXIM0 RADDAD, President / 2 (Attach Notary Acknowledgment) Dated Jgj&%~ CMWD 89-C-293 3 . 1 P-9 ’ 6 This is to certify that the interest in real property conveyed by the Deed dated July 6 , 1990, from MADISON SQUARE II, a California general partnership, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on August 14 , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED /7 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: ALETHA RAUTENKRANZ, Secr&ary CMWD 89-C-293 4 Notary Acknowledgement for Lot 19, Madison Square Development II (Subordination Agreement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On ;igq '.J iiiq c fi'\kL rfl I.Z(CC. ! p No;ary before me, the undersigned, Public in and for said State, personally appeared<- jZr;/.~c,~ lLcKfWX2q proved to me on the basis of satisf&ctory evidence to be the person who executed the within instrument as the President of Cl i,i;l', I,i,l C-2 I \lflC . a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. ,/-‘ f f- f’ -,I /‘. 7 / /q /----‘- /’ L.-y i&-,, ( ‘. /:/’ L.---. , i’, y$(.r!/./ / &/ ,//f‘ ~&‘, -\ _...- ----.. OFFICIAL SEAL ERIKA M. WOOLF NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFACE IN SAN OIEGO COUNTV Mr Commrwon Excwa hril 16. 968 Notary Acknowledgement for Lot 19, Madison Square Development II (Subordination Agreement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On ;ui~Lj /;1, (r(L;a before me, the undersigned, Nokary Public in and for said State, personally appeared (Ii<yj-.t j/i &4,-yqq-j <‘ L proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of ki t?O?PVi- ‘<\Tfl~~p,,ij?C . California' corporation 'the corporation that executed thae within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. /---- f -- /- 9% / ---- ,/ /,:y / A--.., , \_ ‘&,..I! y/ !i /y-y/ *,-, I’ ‘.f L,/ ._ -i -----A.... -- I t Notary Acknowledgement for Lot 19, Madison Square Development II (Subordination Agreement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On June 29th, 1990, before me, the undersigned, Laursel Cambell, a Notary Public in and for said State, personally appeared MAXIM0 HADDAD, proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. BUC - CALIFORNIA . P.R. 3.5.ri6 ., _' ' / _ ' EXHIBIT "A" A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH 5 THE FOLLOWING DECRIBED CENTERLINES OF LINE A,E,C 6 D: 0 LINE "A"* ALL THAT'PORTION OF LOT ly OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD, OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 81-294627 BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE FROM SAID POINT OF BEGINNING ALONG THE COMMON BOUNDARY LINE s 64"06'02" w 215.00 FEET To P0lN-r INAPT, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE S 25"53'58" E 83.84 FEET; THENCE S O"33'35" W 18.00 FEET TO POINT "8"; THENCE CONTINUING S O"33'35" W 79.08 FEET; THENCE S 89'26'25" E 231.41 FEET; THENCE N 4y"O6'02" E 46.52 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT OF INTERSECTION WITH THE CENTERLINE OF AN EXISTING 15 FOOT WIDE WATERLINE EASEMENT OF RECORD ON MAP NO. 10198. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID COMMON BOUNDARY LINE AND TO END ON THE WESTERLY SIDELINE OF SAID 15.00 FOOT WIDE EXISTING WATERLINE LINE WHICH BEARS N 4"06'02" E. LINE "B": BEGINNING AT THE AFORESAID POINT "B"; THENCE N 8y"26'25" W 47.86 FEET TO A POINT OF TERMINUS. LINE "C": BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE N 89"26'25" w 83.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 19, TO A POINT OF INTERSECTION WITH THE CENTER- LINE 0F AN EXISTING 15 FOOT WIDE WATER EASEMENT OF RECORD ON MAP No. 10198; THENCE N 4"06'021' E ON SAID CENTERLINE, 57.91 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF LINE "A", S4lD POINT ALSO BEING THE POINT OF TERMINUS OF SAID LINE "A"; THENCE CONTINUING N 4°06~02~~ E ON THE CENTERLINE OF SAID 15 FOOT EXISTING EASEMENT 32.37 FEET TO POINT "C", AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE CENTER- LINE OF A 10 FOOT WIDE WATERLINE EASEMENT S 85"53'58" E 25.26 FEET TO A POINT OF TERMINUS. LINE "D": BEGINNING AT THE COMMON CORNER OF LOTS 18 AND ly OF SAID MAP; THENCE ALONG THE EASTERLY RIGHT OF WAY OF PASEO DEL LAG0 S 25"53'58" E 30.5 FEET TO THE CENTERLINE OF AN EXISTING 10 FOOT X 10 FOOT WATERLINE EASEMENT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE N 70~53'58~~ w 17.68 FEET; THENCE s 64"06'02" W 20.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS AND To END ON THE WESTERLY RIGHT OF WAY OF PASEO DEL LAG0 AND THE WESTERLY SIDELINE OF SAID 10.00 FOOT WIDE EXISTING WATERLINE EASEMENT. CMWD 89-C.293 + r 1, . -- :2 / X4!WT ‘B” _ \ ‘- -r7/d?j / Y \ GKAP///c SCULE.’ I’=40 * /o d f!! M 3fl 4v 9 L/NE%‘- HENRY WORLEY ASSOCIATES cm,‘HG,*~‘“I*a (I ,Ynvc.I*o a w*D*a ‘. . . . / PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND ?t-t--4 $a+. WHEN RECORDED, PLEASE MAIL TO 1 j:yzj “ 3 *---t 17 pI!2:23 Carlsbad Municipal Water District ; L'E~$$t.:q 7 I :?I g; f<j& 7 ,y !,. ?- *" - *I i.r. 51;-;rir; i 5950 El Camino Real . . . . % ..-. ;.>t p .t Carlsbad, California 92008 j Space above this line for Recorder's use. A.P.N. 213-092-09 CIW7D Project No. 88-C-293 SUBORDINATION 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. 240 I THIS AGREEMENT, made this day of ul*j? I 1922 by MADISON SQUARE DEVELOPMENT II, a California general partnership hereinafter referred to as t'Owner,ll owner of the land and SECURITY PACIFIC NATIONAL BANK, a national banking association hereinafter referred to as llBeneficiaryll; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, MADISON SQUARE DEVELOPMENT II did execute a deed of trust, dated August 7, 1989, to EQUITABLE DEED COMPANY, a California corporation, as trustee, covering Lot 19, Carlsbad Tract 80-38, Madison Square-Phase II in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10198 filed September 15, 1981, to secure a note in the the sum of $4,600,000.00 dated August 7, 1989 in favor of SECURITY PACIFIC NATIONAL BANK recorded in the office of the County 1 Recorder of San Diego County on November 27, 1989 as FILE/PAGE NO. 89-637130 of Official Records/of said county: and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated July 6, 1990 I 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: 2 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. 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 3 ‘.: . bY the Easement Grantee, other lenders and title insurance @?tf companies which would not be made or entered into but for said 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: SECURITY PACIFIC NATIONAL BANK, a national banking association BY NOTE THAT THE PRESIDENT OR OWNER: MADISON SQUARE DEVELOPMENT II, a California general partnership By: XOEPPFERT STRASSE, INC., a California corporation --*.. '\ By: By (g& p& <+p&fl NORMAN, P&sident / By: TWENTY-SEVEN M.H., INC. a California corporation By i&g,g&~&s MAXIM0 HADDAD, President VICE-PRESIbENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CO,&PORATE EXECUTIONS 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. 4 I ’ ’ . . IT IS RECOMMENDED THAT, SUBORDINATION AGREEMENT, THE WITH RESPECT THERETO. Approved as to form: PRIOR TO THE EXECUTION OF THIS PARTIES CONSULT WITH THEIR ATTORNEYS (Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached. CMWD 89-C-293 5 .’ . Notary Acknowledgement for Lot 19, Madison Square Development II 1 State of j ss County of so_MD i&n 1 J On this & day of &Iv in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared w-&+1) WahWki personally known to me (or proGed to me on the basis ok satisfactory evidence) to be $ic& 4/eS,C/a,~r of the Security Pacific National Bank, 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 (Seal of Notary) State of County of 1 1 ss 1 On this day of in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be of the Security Pacific National Bank, 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. (Signature of Notary) (Seal of Notary) CMWD 88-C-293 Notary Acknowledgement for Lot 19, Madison Square Development II (Easement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) before me, okary Public in the undersigned, and for said State, personally appeared ,2&3Zr' ~<CWlfitl proved to me on the basis of satisfactory evidence to be f he person who executed the within instrument as the President of .JfdLW\x'L i )UX. California I corporation the corporation that executed thae within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. * . - Notary Acknowledgement for Lot 19, Madison Square Development II (Easement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) - On i \ I,.( L 1 the flf'l.iLht (~1. (,ii r;,f, i i ' \i I ! wo , before me, undersigned, ' NotarT Public in and for said State, personally appeared &i,-L\ifl fXS3fii?'E proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of 1[2?&Y-l- <?Wlj:5st' I lot. a California " corporation: the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. _ _.--. /-:I. .; --. c-:‘- i’ . / -’ LLa. 2.11i!L,.“rL.,I_, / .&p-/- ---------_. \. ‘.\ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN Notary Acknowledgement for Lot 19, Madison Square Development II (Easement) STATE OF CALIFORNIA COUNTY OF SAN DIEGC 1 ) ss. 1 On June 29th, 1990, before me, the undersigned, Cambell, a Notary Public in and for said State, personally MAXIM0 HADDAD, proved to me on the basis of satisfactory Laursel appeared evidence to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. --T lf -cL\ds : /’ c- ,.; : /LA/ 1 .LCAMBELl i NOTARY PUBLIC - CAUFORW SAN OIEGO COUNl’? My Comm. Eqhs Oct. 241990 : ,. P.R. 3.5.66 - . . . . ' EXHIBIT "A" A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH g THE FOLLOWING DECRIBED CENTERLINES OF LINE A,B,C & D: LINE "A". ALL THAT'PORTION OF LOT 19 OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD, OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 81-294627 BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE FROM SAID POINT OF BEGINNING ALONG THE COMMON BOUNDARY LINE S 64"06'02" W 215.00 FEET TO POINT "A", AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE S 25"53'58" E 83.84 FEET; THENCE S O"33'35" W 18.00 FEET TO POINT "B"; THENCE CONTINUING S O"33'35" W 79.08 FEET; THENCE S 89"26'25" E 231.41 FEET; THENCE N 4y"O6'02" E 46.52 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT OF INTERSECTION WITH THE CENTERLINE OF AN EXISTING 15 FOOT WIDE WATERLINE EASEMENT OF RECORD ON MAP NO. 10198. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID COMMON BOUNDARY LINE AND TO END ON THE WESTERLY SIDELINE OF SAID 15.00 FOOT WIDE EXISTING WATERLINE LINE WHICH BEARS N 4"06'02" E. LINE "B": BEGINNING AT THE AFORESAID POINT "B"; THENCE N 89°26b2511 W 47.86 FEET TO A POINT OF TERMINUS. LINE "C". BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE N 89"26'25" W 83.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 19, TO A POINT OF INTERSECTION WITH THE CENTER- LINE OF AN EXISTING 15 FOOT WIDE WATER EASEMENT OF RECORD ON MAP NO. 10198; THENCE N 4"06'02" E ON SAID CENTERLINE, 57.91 FEET TO A POJNT OF INTERSECTION WITH THE CENTERLINE OF LINE "A", SAID POINT ALSO BEING THE POINT OF TERMINUS OF SAID LINE "A"; THENCE CONTINUING N 4"06'02" E ON THE CENTERLINE OF SAID 15 FOOT EXISTING EASEMENT 32.37 FEET TO POINT "C", AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE CENTER- LINE OF A 10 FOOT WIDE WATERLINE EASEMENT S 85"53'58" E 25.26 FEET TO A POINT OF TERMINUS. LINE "D": BEGINNING AT THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE ALONG THE EASTERLY RIGHT OF WAY OF PASEO DEL LAG0 S 25"53'58" E 30.5 FEET TO THE CENTERLINE OF AN EXISTING 10 FOOT X 10 FOOT WATERLINE EASEMENT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE N 70~53'58" W 17.68 FEET; THENCE S 64"06'02" w 20.00 FEET TO A POINT OF TERMINUS. THE SIDELINE ALL ANGLE PO WESTERLY SID S OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE PROLONGED OR SHORTENED AT INTS AND TO END ON THE WESTERLY RIGHT OF WAY OF PASEO DEL LAG0 AND THE ELINE OF SAID 10.00 FOOT WIDE EXISTING WATERLINE EASEMENT. CMWD 89-C-293 rJ -- . / a \, &i%PMC 5-@iE-’ /“=4d’ HENRY WORLEY ASSOClATES Fnl,,“G,“‘,ll)tO 0 wnvI.l*o 0 ry**l*Q WI u)**‘w”1. w.. .4 $.A+ a=. u c,,, cw m.an PLEASE RECORD THIS DOCUMENT AT - <;"'-zFqJ ;rr-l -.- : j NO FEE AS IT IS TO THE BENEFIT I‘ y ;-- (Al j < f;; ; ., I- ;i:f " :.:;=* ; .I OF THIS DISTRICT (GOV. CODE [6103]) l_.'; 2; CT::> :- ii. ;'.. . 5 i r:* * ? f ;.:; .;; 21 . . . - -- RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO: ,- .;- = ,I 2 jj- _ L%.-' ;:- i ..-.. i ._.__ 7. i f i iii.: ‘ ..~ . _ r i- ~? i __ r;;i.,: I' -. ;? - Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No. 213-092-10 Project Name & No. Madison Square-Phase II-Lot 18 CMWD Project No. 89-C-293 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Board of Directors EASEMENT MADISON SQUARE DEVELOPMENT II, a California general partnership 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 1 . 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 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 ltAVt and Exhibit UtB'r attached hereto and by this reference made a part hereof. MADISON SQUARE DEVELOPMENT II, a California general partnership By: By: By: KOPPERT STRASSE, INC., a California corporation PURE LUCK, INC. a California corporation TWEtiY-SEVEN M.H., INC., a California corporation MAX$MO RADDAD, President 2 - 945 CARLSBAD MUNICIPAL WAT BY Dated (Attach Notary Acknowledgment) CMWD 89-C-293 94s This is to certify that the interest in real property conveyed by the Deed dated July 6 , 1990, from MADISON SQUARE II, a California general partnership, 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 August 14 , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED wr lggo- CARLSBAD MUNICIPAL WATER DISTRICT By: ALETBA RAUTENKRANZ, Secrf&ary CMWD 89-C-293 4 . 947 Notary Acknowledgement for Lot 18, Madison Square Development II (Easement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) before me, the undersigned, Noiary Public in and for said State, i' 1w i"i?i'u? proved to me on the basis of satisfactory evidence to be she person who executed the within instrument as the President of f-i,,~~~< I,i-tj?'K, !7?2.. a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. :. Notary Acknowledgement for Lot 18, Madison Square Development II (Easement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On qj,l -\&a fSJ\ . J~u',(,j irl, i qqc before me, the ! \,fJ; \ I ' undersigned, No&y Public in and for said State, , personally appeared &($: [l:i $&2.&n(:ii proved to me on the basis of satisfactory evidence to be the erson who executed the within instrument as the President of ?firiC.,qJ,\ i?c- a California' i corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. OFFICIAL SEAL 8 ERM M. WOOLF 949 Notary Acknowledgement for Lot 18, Madison Square Development II (Easement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On June 29th, 1990, before me, the undersigned, Laursel Cambell, a Notary Public in and for said State, personally appeared MAXIM0 HADDAD, proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. /^ NOTARY PUBLIC - CALIFORNlA SAN OIEGO COUNpl My Comm. Opirss Oct. 26,199O .- .’ - 9.47. j.)i.bd . . . .c > 1’ - . I, r . . EXHIBIT “A” 950 - A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: L I NE “A”: ALL THAT PORTION OF LOT 17 OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 17 AND 20 OF SAID MAP, ALSO BEING A POINT ON A 213.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO THE CENTER OF WHICH BEARS N 71”51 ‘21” E; THENCE FROM SAID POINT OF BEGINNING SOUTHERLY ALONG THE ARC OF THE AFORESAID 213.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 21"07'21~~ A DISTANCE OF 78.52 FEET; THENCE LEAVING THE RIGHT OF WAY LINE S 87"01'18" W 10.00 FEET TO POINT "A" ON THE CENTERLINE OF AN EXISTING 10’ BY 12’ WATERLINE EASEMENT AS SHOWN ON CARLSBAD TRACT NO. 80-38 MAP NO. 10198, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER- LINE S 87”01’18” W 21 .OO FEET TO POINT “B”; THENCE s 87"01~18~~ w 23.00 FEET; THENCE N 16”3y’32” W 97.42 FEET; THENCE N 61”3y’32” W 148.62 FEET; THENCE N 28”20’28” E 15.92 FEET TO A.POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT TO BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS AND TO END ON THE WESTERLY LINE OF SAID EXISTING 12' X 10" WATER EASEMENT. L I NE “B”: BEGINNING AT THE AFORESAID POINT “B”; THENCE ALONG SAID CENTERLINE S 2"58'42" E 7.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 2"58'42" E 17.50 FEET TO A POINT OF TERMINUS. L I NE “C”. BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 17 AND 18 OF THE AFORESAID MAP NO. 10198; THENCE ALONG THE COMMON LOT LINES s 79"38'58" 'd 131.78 FEET TO THE TRUE POINT 0F BEGINNING; THENCE ALONG SAID CENTERLINE N lO”21’02” W 30.55 FEET TO A POINT OF TERMINUS. CMWD 89-C-293 ‘3.92, --.f- ’ I I . ..- -- -- .- V.-s- -‘i‘-~!.~&py~ .; iy /,z 2 K I r’ I iu>-: ;n 5 3+ ’ / /& “B” :<!& i j+. 8 v., ; fi p /‘- . I ’ ,9/N/ L Tl?d61 L . ..- ..-.. HENRY WOALEY ASSO,C~~~w~ cmr,~p,*wuml D sum--- nnwan.n-.lcnY y* Dloo .a m11 m. *rwT- Q , 2 A-/7 ,, tTA4wn R9- L. pg3 952 P--? 567562 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT 7 "-- 5 OF THIS DISTRICT (GOV. CODE [6103]) ) i RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO ; Carlsbad Municipal Water District 1 5950 El Camino Real Carlsbad, California 92008 Space above this line for Recorder's use. A.P.N. 213-092-10 CMWD Project No. 88-C-293 SUBORDINATION 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. -t THIS AGREEMENT, made this ai J 14 day of * , 19qo by MADISON SQUARE DEVELOPMENT II, a California general - partnership hereinafter referred to as "Owner," owner of the land and SECURITY PACIFIC NATIONAL BANK, a national banking association hereinafter referred to as t~Beneficiary~~; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, MADISON SQUARE DEVELOPMENT II did execute a deed of trust, dated August 7, 1989, to EQUITABLE DEED COMPANY, a California corporation, as trustee, covering Lot 18, Carlsbad Tract 80-38, Madison Square-Phase II in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10198 filed September 15, 1981, to secure a note in the the sum of $4,600,000.00 dated August 7, 1989 in favor of SECURITY PACIFIC NATIONAL BANK recorded in the office of the County 1 y53 . . .’ - Recorder of San Diego County on November 27, 1989 as FILE/PAGE NO. 89-637130 of Official Records/of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated July 6, 1990 I 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: 2 , . 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. 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 3 955 - by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said 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: SECURITY PACIFIC NATIONAL MADISON SQUARE DEVELOPMENT II, BANK, a national banking a California general partnership association By: KOEPPFR-RT STRASSE, INC., a Cali(fbrnia corporation By By: By: 1 W yY%.-JQ>&\ , GERALD BOSSTICK, Pi;esident PURE LUCK, INC., a California corporation By Q!,, &(&@w ROC#R NORMAN, President v TWENTY-SEVEN M.H., INC. a California corporation 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 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. 4 IT IS RECOMMENDED THAT, PRIOR TO THE SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH RESPECT THERETO. Approved as to form: EXECUTION OF THIS WITH THEIR ATTORNEYS must be attached. ution by OWNER and BENEFICIARY CMWD 89-C-293 5 . , * - 951 I Notary Acknowledgement for Lot 18, Madison Square Development II State of &/&[flj4 1 J County of ,&q 1 ss 1 / On this s,& day of before me, ~iicininthZnd.yeZ the undersigned, a , ,, .* 1990, said state, personally appeared to me (orOprdved /? /u&h? . l&p P,k personally known to me on the basis 0: satisfactory evidence) to be of the Security Pacific National Bank, l/&Q PrPS;C$p7,f 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. (Seal of Notary) State of County of 1 1 ss 1 On this day of in the undersigned, a notary public the year 1990, before me, in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be of the Security Pacific National Bank, 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. (Signature of Notary) (Seal of Notary) CMWD 88-C-293 - l ’ . 958-- Notary Acknowledgement for Lot 18, Madison Square Development II (Subordination Agreement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) - On .,&ii{,/ 1,; : piq;," the T--+1, ?J& !',? , +-c,\ p before me, undersigned, i Nokary 4Public in and for said State, I, I personally appeared ~--fr&,iC~ cL.55TlC)c proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of 445~$&~ q.fi-&p, ii??- a California" corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. /’ . .-\ /y - //;-;:r :’ ,I / __--. , . d’,‘+-/ ; ‘<-- ., ~ _ \,,+y I’ .-~ i .J------ -- I ... _’ -,/;;---- .: . - 959 - Notary Acknowledgement for Lot 18, Madison Square Development II (Subordination Agreement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) before me, Nokary Public in the undersigned, and for said State, :7Y Kfd,~fCiLii/'i proved to me on ry evidence to be the person who executed the within instrument as the President of ci,i\rZ, LIj.zii~ \r/?;\. a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. _ ,---’ r .- ,-&<;/T‘, / K !’ ‘;~-+ --- :, &/ : ;:’ $. .,..5&. ----. ;, -------_._ -- /-,. ,- 960 Notary Acknowledgement for Lot 18, Madison Square Development II (Subordination Agreement) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On June 29th, 1990, before me, the undersigned, Laursel Cambell, a Notary Public in and for said State, personally appeared MAXIM0 HADDAD, proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of TWENTY-SEVEN M.H., INC., a California corporation, the corporation that executed the within instrument on behalf of MADISON SQUARE DEVELOPMENT II, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. , -- ,..‘. /y f \/’ -. ,” :xLe’.i .i , ( SAN DIEGO COUNTY My Comm. Erpirer Oct. 26.199a i.R. 3.5.6.7 a - EXHIBIT "A" A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: LINE "A"- ALL THAT'PORTION OF LOT 18 OF C.T. 80-38 MAP NO. 10198 IN THE CITY OF CARLSBAD, OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 81-294627. BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 18 AND 19 OF SAID MAP; THENCE FROM SAID POINT OF BEGINNING ALONG THE COMMON BOUNDARY LINE S 64"06'02"~ w 326.64 FEET TO POINT "A", AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE N 25"53'58" W 63.32 FEET TO POINT "8"; THENCE CONTINUING N 25"53'58" W 93.91 FEET; THENCE N lO"21'02" W 108.85 FEET TO POINT "C"; THENCE N 79"38'58" E 132.05 FEET; THENCE N 64"06'02" E 48.31 FEET TO POINT "D"; THENCE N 64"06'02" E 6.47 FEET TO A POINT OF TERMINUS ON THE CENTERLINE OF THE EXISTING 10' WIDE WATERLINE EASEMENT. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT TO BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS. L INE "8": BEGINNING AT THE AFORESAID POINT "B"; THENCE N 64"06'02" E 26.48 FEET TO A POINT OF TERMINUS. LINE "C": BEGINNING AT THE AFORESAID POINT "C"; THENCE N 70"21'02" W 27.00 FEET TO A POINT OF TERMINUS. L INE "D": BEGINNING AT THE AFORESAID POINT "D"; THENCE S 25"53'58" E 59.00 FEET TO A POINT OF TE?xMINUS. v, -)r ‘9. No.18673 .= * bi CMWD 89-C.293 u/i’: II g, /--- n d I 1 ,I 1; I I Bil I I r j, $5 BLDG. AM 2 L07 Nd 10 ‘- wsd /n’x /D’wA7M ElTE#HT 7f1 .tcz &v-38,hwm t;:.‘..::‘$ I : ,. : . ., -* .I : : . . . -q --, NZ.s”53 5d’Y 269. Od’ -.K- = lil HENRY WORLEY ASSOCIATES cMLIM(*,I”*o 0 -w 0 cc***na nnoaavv-.rmu y1 -. CA .w* In. “cm L!T!xXV/L V” NO SCALE ‘/ ‘5’ , <‘, ‘,, I,-, CIWWD fF9 -c293