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Home My WebLink About1990-08-14; Municipal Water District; 042; Grant Deeds & Subordination Agreements/? h 4VlWD - ,AGENDA BILL .L w.m- TITLE: ACCEPTANCE OF GRANT DEED AND SUBORDINATION IEPT. ENG. AGREEMENT FOR WATERLINE PURPOSES CMWD PROJECT NO. 88-C-252 RECOMMENDED ACTION: Adopt Resolution No. 676 ----- 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 & 2, Windsong Shores, Carlsbad Tract 83-4. The subject project is located on a portion of the east side and west side of Harbor Drive cul de sac. 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 ment from Marlborough Development Corporation dated 90 l 3. Resolution No. 676 -- accepting a Grant Deed and Subordination Agreement for waterline purposes. CMWD 88-C-252 ._ I c-3 9' &??J? #Q >;w= f- (I ' jY2 1 * Xi'% ,\;\\\ ' \,,,I/ \ .&/' $A&/~+- \ \ \ v- ',q \ pp-"g\ ,',\\I G )--, ,\ \ "\ \/\ /\ \):/*‘( .-c-- \ \&q' : .- F. q. L ,y; : _ 4 .\' i / 0 i WATER Ei%SEM.NT A&iw/REz LOCATION MAP N.T. S. C,bLHI.D. 88’-C 252 IOJECT NAME PROJECT WlNDSONG SHORES #q-o*. RR.3.7.37 . . .._ PLEASE RECORD THIS NO FEE AS IT IS TO DOCUMENT AT THE BENEFIT CJ 0 -4-T 3~3~Q!~; t,q-=--i; i--.- .- _ z ,.....- / ._- I.- 1 ..: -, 1 ; . _ . 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. Lots I L 2, Windsong Shores Carlsbad Tract 83-4 CMWD 88-C-252 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, Set etary Board of Directors t 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 . . ( 2167 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 'lA1@ and Exhibit rlBll attached hereto and by this reference made a part hereof. MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation /CC-President Secretary DISTRICT Dated i (Attach Notary Acknowledgment) CMWD 88-C-252 2 I ‘I ,: I 12168 This is to certify that the interest in real property conveyed by the Deed dated June 15 -m-m--------m-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 CARLSBAD MUNICIPAL WATER DISTRICT By: 4#dddRb Aletha L. Rautenkranz, Secretary Carlsbad Municipal Water District CMWD 88-C-252 3 ,, ,’ , , I 2169 Notary Acknowledgment for Lots 1 & 2, Windsong Shores, C.T. 83-4 . . State of PAUF~N/A ) 1 ss County of eb&z&H 1 I On this /? day of in the year 1990, before me, the unders c in and for said state, personally appeared personally known to me o me on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. State of &&q7~,~ County of m;jfRs;D~. 1 On this L&4& day of qun& , in the year 1990, before me, the undersigned, a. notary public in and for said state, personally appeared T,,+wm A N/&P, personally known to me (or' proved -to me on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. ture of Notary) UBLlC - CALIFORNIA xpirea Jan. 26, 199 1 CMWD 88-C-252 4 . . . ,b 2170 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 1 AND 2, CARLSBAD TRACT NO. 83-4, IN THE CITY OF CARLSBAD, COUNTY 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: CRT, 8, II A - TtOT 1 BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID MAP NO. 11484 AT ITS JUNCTURE WITH THE EASTERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE, SAID POINT BEING A POINT ON A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 37"46'08" EAST; THENCE ALONG SAID NORTHERLY LINE NORTH 61"20'49" EAST 24.27 FEET TO THE TRUE POINT OF REGI-; THENCE LEAVING SAID NORTHERLY LINE SOUTH 28"39'11" EAST 10.00 FEET; THENCE SOUTH 61"20'49" WEST 10.00 FEET; THENCE NORTH 28"39'11" WEST 10.00 FEET TO A POINT IN SAID NORTHERLY LINE; THENCE NORTH 61"20'49" EAST 10.00 FEET TO THE TRUE POINT OF REGINNIE. ABOVE DESCRIBED PARCEL "A" CONTAINS 100.00 SQ. FT. MORE OR LESS. CRT, I% II R - LOT 2 BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID MAP NO. 11484 AT ITS JUNCTURE WITH THE WESTERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE, SAID POINT BEING A POINT ON A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 84"55'30" WEST; THENCE ALONG SAID NORTHERLY LINE SOUTH 61"20'49" WEST 7.27 FEET TO THE TR1JE POINT OF RBUNING. THENCE LEAVING SAID NORTHERLY LINE SOUTH 28"39'11" EAST 10.00 FEET; THENCE SOUTH 61"20'49" WEST 10.00 FEET; THENCE NORTH 28"39'11" WEST 10.00 TO A POINT IN SAID NORTHERLY LINE; THENCE NORTH 61"20'49" EAST 10.00 FEET TO THE T.RUF: POINT OF 'BE-. ABOVE DESCRIBED PARCEL "B" CONTAINS 100.00 SQ. FT. MORE OR LESS. EAD BENTON AND ASSOCIAT WC?Y$$ WH/w EXHIBIT “B” Y =fiq --A F -z&e e>-?% -% . ..--.a II s - PLAT TO. ILLUSTRATE : VIcIhiI Y MAP N.T. S. WATER EASEMENT’S N.T.S. ‘ROJECT NAME WINDSONG SHORES C,M;W.D. 88-C 252 PROJECT ‘EXHIBIT I ._ . - NO. B PF? zvt- 8 . . . . v ., . - 7 . i ‘. . 2172 - *- . 1 ’ . , *<.’ \ k’, \ 3: \I,\ \ \ L-=-- i I I * .- 4 ..; .* 4 :5 ;..‘( r.. . . 4 8 i B ,i\ \/-..I . . 1 .4$’ 11* *: ; ;,y &. . * - fly . * LOCATION MAP N.T. S. C.hf4f.D. 88-C 252 ROJECT NAME PROJECT E?(:HIBIT WBNDSONG SHORES ftO* B RR.3.7.37 _ ., ^. _- -T PLEASE RECORD THIS DOCUMENT AT 'Y'-.'.Li'f- 'Ii _./ f. i NC FEE AS IT IS TO THE BENEFIT .: : -i .: :;I ; ..-:.. I .: i _ .Ii.-. ; OF THIS DISTRICT (GOV. CODE [6103]) ) 1 =cy: -'I _ * _ i h f :A- ': rl :Y., 1: &,. c.4 .&ii 1:. !; Q #-xi :i' ?J RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO i \ :.. "; .a i I -7 \' t! b-r a.. i . . Carlsbad Municipal Water District i t $Y:tj$ [ y R,rCg;.:.: : 1 -.A 5950 El Camino Real Carlsbad, California 92008 1 &&-J i-"EE 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 /yt/? day of '" / ,f.'c;l.. g- I I 19 f-i!' L- by MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation, hereinafter referred to as "Owner," owner of the land and SECURITY PACIFIC NATIONAL BANK, a National banking association, hereinafter referred to as "Beneficiary"; 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 Lots 1 61 2, Windsong Shores,, Carlsbad Tract 83-4 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 11484 filed April CQ ~\00,acn,0m.ocii 10, to secure a note in the the sum o' $_CPI . dated October 81 1986 in favor of SECURITY PACIFIC NATIONAL BANK, a national 1 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 June 15, 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 0, . understood and agreed as follows: 2175 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 *. 2176 - 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 l qheL.c&s%w.~b SIGNATURE L TITLEK-&;drrct .& ’ I,3 L., L ’ 1-i: :-cc,- SIGNATURE bid TITLE <c,r> i14c;,LI;./q OWNER: MARLBOROUGH DEVELOPMENT CORPORATION, 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 TEE RESOLUTION OF TEE 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 M execution by OWNER and BENEFICIARY must be attached. CMWD 88-C-252 . ,, ~ . ,’ I ’ PA,, k 2177 ,-T Notary Acknowledgment for Lots 1 &I 2, Windsong Shores, C.T. 83-4 1 1 ss County of Los Akid ) J On this 17f-x day of /cI a!L in the year 1990, before me, the undersigned, a notary p in and for said state, personally appeared &I /I~LP~; &' personally known to me (or =proved cc\mdpLJOS o,n the basis 0; satisfactory evidence) to be of the Security Pacific National Bank, ViCQ yreS/de PI+ 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. t (Seal of Notary) & OFFICIAL SEAL 00x ) EfilO~ENlibliiA 6 NOTARY PUBLIC-CALIFORNIA I: 1 LOS ANGELES COUNTY County of On this /7fi day of May in the year 1990, before me, the undersigned, a nbtar public in and for said state, personally appeared &$,fA . Saccbson personally known to me (or proved to me on the basis 0: satisfactory evidence) to be VICC ,pres(&etif of the Security Pacific National Bank, the associatron 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. CMWD 88-C-252 5 (Seal of Notary) OFFICIAL SEAL EMOGENE OBA 1 >I NOTARY PUBLIC-CALIFORNIA 0 LOS ANGELES COUNTY My Commission Expires Dec. 13, 1991 2178 State of edgment for Lots 1 6; 2, Windsond Shores, C.T. 83-4 said state, &$A2~<g~;s fI; personally known to me (or proved to me satisfactory evidence) to be the person who executed the within instrument as president (m y) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Seal of Notary) RY PUBLIC - CALlFORNlA RmR!mE CouulY State of On this Ai day of before me, the undersigned, state, personally appeared personally known to me (o ; satisfactory evidence) to be the person who executed the within instrument as I;rrp (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Seal of Notary) OFMCXAL SEAL SocornMW NOTAm PUBUC - CAWORNIA RlvERslDE CDlpNN kfy mmm. exphs FEB 20,1993 CMWD 88-C-252 6 . ’ . . 2179 - EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 1 AND 2, CARLSBAD TRACT NO. 83-4, IN THE CITY OF CARLSBAD, COUNTY 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: CRT, 31 ,I A - JtOT 1 BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID MAP NO. 11484 AT ITS JUNCTURE WITH THE EASTERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE, SAID POINT BEING A POINT ON A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 37"46'08" EAST; THENCE ALONG SAID NORTHERLY LINE NORTH 61"20'49" EAST 24.27 FEET TO THE DUE POINT OF FE-; THENCE LEAVING SAID NORTHERLY LINE SOUTH 28"39'11" EAST 10.00 FEET; THENCE SOUTH 61"20'49" WEST 10.00 FEET; THENCE NORTH 28"39'11" WEST 10.00 FEET TO A POINT IN SAID NORTHERLY LINE; THENCE NORTH 61"20'49" EAST 10.00 FEET TO THE TRUE POBT OF BEG-. ABOVE DESCRIBED PARCEL "A" CONTAINS 100.00 SQ. FT, MORE OR LESS. CFT, (1 II B - T,OT 2 BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID MAP NO. 11484 AT ITS JUNCTURE WITH THE WESTERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE, SAID POINT BEING A POINT ON A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 84"55'30" WEST; THENCE ALONG SAID NORTHERLY LINE SOUTH 61"20'4!3" WEST 7.27 FEET TO THE TRtJE POINT OF BEGT-0 THENCE LEAVING SAID NORTHERLY LINE SOUTH 28"39'11" EAST 10.00 FEET; THENCE SOUTH 61"20'49" WEST 10.00 FEET; THENCE NORTH 28"39'11" WEST 10.00 TO A POINT IN SAID NORTHERLY LINE; THENCE NORTH 61"20'49" EAST 10.00 FEET TO THE 1. ABOVE DESCRIBED PARCEL "B" CONTAINS 100.00 SQ. FT. MORE OR LESS. Z-28-90 CAP/&? WH/&/+i ASSOCIATES ’ l . * ‘..’ . . 2180 - EXHIBIT ‘B” I N 1 4p & @, \ _. ..:. $A \ . -$$J so; :::: : \ \/ $$* . 2. .:‘; .Y?& 0 + *\ QY : p %‘. F.9 0’ ;.‘. ?. VaL . . . . \ cp & Yw \ a.oD;fy;ld95J r, d ,$! /j ZO,o.OO DI AT Tn II I IICTDATC I bn I I u. ILLUU I I\n I L N.T. S. WATER EASEMENT’S N.T.S. ‘ROJECT NAME WINDSONG SHORES C,M;W.D. 88-C 252 PROJECT EXHIBIT NO. B P.R. 3.7.37 JN 300-2 4’ L ‘. . * ,I.,. I* .*. I .c . . _- -- 0 I WATER &x.s&~i5,wT ACGwYRE.D LOCATION MAP N.T.S. C,kLU/.D 88-C 252 ‘ROJECT NAME PROJECT E?(.HIBIT WINDSONG SHORES */q-o* 0 RR.3.7.37 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 RESOLUTION NO. 676 A RESOLUTION OF THE BOARD OF DIRECTORS OF * THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOTS 1 & 2, 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 Lots 1 C 2, 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 Ju/vE r5, /?W 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 Lots 1 & 2, Windsong Shores, Carlsbad Tract 83-4 which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is 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 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 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 I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None mUDE A." LEWIS, President ATTEST: ALETHA L. RAUTENKRANZ, Secrefiary (SEAL) CIWD 88-C-252