HomeMy WebLinkAbout1990-08-21; Municipal Water District; 045; Grant Deed & Subordination Agreement.._. A . 11’
CMWD - AGENDA BILL 0 2 rz* '-ACCEPTANCE OF GRANT DEED AND SUBORDINATIO1'DEPT.H . AGREEMENT FOR WATERLINE PURPOSES
DEPT. ENG. CMWD PROJECT NO. 89-C-312
f RECOMMENDED ACTION:
Adopt Resolution No. 682 accepting a Grant Deed and Subordination Agreement for Waterline purposes.
ITEM EXPLANATION:
Premier Business Properties, LTD., No. 3,, 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. First Interstate Bank of California, beneficiaries 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 Parcel B, Lots 16 & 17, Carlsbad Oaks Business Park. The subject project is located on the north side of Palomar Airport Road west of Loker Avenue West.
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 Premier Business Properties, LTD., No. 3! dated L, 3 /ym .
I /
3. Resolution No. 682 accepting a Grant Deed and Subordination Agreement f& waterline purposes.
I CMWD 88-C-289
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LOCATION MAP
PROJECT LOCATION
t
PROJECT NAME: PROJ. ‘EXHIBIl
LOT 17 CT 74-21 MAP 10372 & PARCEL 6 PM15275 NO.
WATER LINE EASEMENT CMWD C
89-C.312 ---
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 1 Space above this line for Recorder's use. A.P.N. 209-081-17 & 27
CMWD Project No. 89-C-312
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 TEE VALUE OF YOUR SEtiURITY INTEREST.
THIS AGREEMENT, made this 3fd day of A usi4s t ,
1930 by PREMIER BUSINESS PROPERTIES, LTD., NO. 3, a California -
limited partnership, hereinafter referred to as llOwner,ll owner of
the land and FIRST INTERSTATE BANK OF CALIFORNIA, a California
corporation, hereinafter referred to as lfBeneficiaryl@; present
owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Premier Business Properties, Ltd., No. 3,
a California limited partnership, did execute a deed of trust,
dated October 30, 1989, to First Interstate Bank of California, a
California corporation, as trustee, covering Parcel B, Lots 16 &
17, Carlsbad Oaks Business Park, West Loker Avenue in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 15275 filed June 23, 1988, to secure a note in the the
sum of $5,350,000.00 dated October 30, 1989 in favor of First
1
Interstate Bank of California, a California corporation recorded
in the office of the County Recorder of San Diego County on
November 2, 1989 as File/Page No. 89-599314 of Official
Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated %. 7, /YQO , 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
mentioned.
NOW, THEREFORE, in consideration
deed of trust above
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
2
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. . 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
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,
subordination of the grant
3
this waiver, relinquishment and
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
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 FIRST INTERSTATE BANK OF CALIFORNIA, a California corporation
c 3’ -.o&?&
MONA L. RU$SELL,dSeCretary
OWNER:
PREMIER BUSINESS PROPERTIES,
LTD., NO. 3, a California limited partnership
General Partner:
PREMIER GROUP, INC., General Partner
i’ 1 t.,
I 1 ,:
, 3- “;L, ,( Id*,, ..b-J 4
PIERRE LEPENDEVEN, 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 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:
of execution by OWNER and BENEFICIARY must be attached.
Notary Acknowledgment for Lot 16 & 17, Carlsbad Oaks Business Park
State of
County of ($;-;;;ya. 1 ss
On this LTpd day of h before me, the undersigned, e+$$&+iiinifl~n~e~~r '~~~~ a state, personally appeared Kevin H. Sargent, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as vice president or on behalf of the corporation therein named and acknowledged to me that the corpo on executed
i If A \-=.--- u NoMw)
it.
(Seal of Notary)
State o&h/(tornia )
; ss u
On this dr& day of 34d3 in the year 1990, before me, the undersigned, a rfatary public in and for said state, personally appeared Mona L. Rub~ll, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as assistant
secretary or on behalf of the corporation therein named and acknowledged to me
CMWD 89-C-312
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Notary Acknowledgment for Lots 16 & 17, Carisbad Oaks Eusiness Park r
state, personally appeared Pierre; me (or proved to me on the basis the person that executed this partnership and acknowledged to m it.
J'1' J'1' On this fl 4 On this fl 4 4 4 day of day of 7/&J? 7/&J? in the year 1990, in the year 1990, before me, before me, the undersigned, the undersigned, ay ' a"$' $otary pub& otary pub& in and for said in and for said state, personally appeared Pierr; LePendeven, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it.
LePendeven, personally known to of satisfactory evidence) to be instrument, on behalf of the e that the partnership executed
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4. (i#k?kH
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&d e e of Notary of Notary (Seal of Notary) (Seal of Notary)
CMWD 89-C-312
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PARCEL B, PARCEL MAP 15275 AND LOT 17 MAP 10372 CMWD 89-C.312
J.N. 116/89/00 12/6/89 REV. 2/2/90
EXHIBIT A
LEGAL DESCRIPTION:
ALL THOSE PORTIONS OF PARCEL B, ACCORDING TO PARCEL MAP NO.
15275, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 23,1988 AS FILE NO. 88-304007 OF OFFICIAL RECORDS, AND ALL THOSE PORTIONS OF LOT 17 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 13, 1982, A STRIP OF LAND BEING 15.00 FEET IN WIDTH, LYING 7.50 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
PARCEL A:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 17, SAID POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKER
AVENUE WEST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO
BEING THE NORTHEASTERLY LINE OF SAID LOT 17, SOUTH 29" 42'43"
EAST, 28.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG
SAID CENTERLINE, SOUTH 58" 24'34" WEST, 150.71 FEET TO POINT 'A'; THENCE SOUTH 58'24'34" WEST, 120.76 FEET TO POINT 'B'; THENCE
SOUTH 58"24'34" WEST, 16.81 FEET; THENCE NORTH 89"51'40" WEST,
96.71 FEET TO POINT 'C'; THENCE NORTH 89"51'40" WEST, 35.79 FEET TO POINT 'D'; THENCE NORTH 89"51'40" WEST, 154.01 FEET TO POINT
'E; THENCE NORTH 89"51'40" WEST, 110.49 FEET; THENCE SOUTH 0"
08'20" WEST, 33.00 FEET TO POINT 'F'; THENCE SOUTH 0'08'20' WEST, 257.28 FEET; THENCE SOUTH 84"51'06" EAST, 86.00 FEET TO POINT
'G' ; THENCE SOUTH 84"51'06" EAST, 527.54 FEET TO POINT 'H';
THENCE SOUTH 84'51'06" EAST, 16.48 FEET; THENCE NORTH lS"O4'16"
EAST, 188.34 FEET TO POINT 'I'; THENCE NORTH 1S"04'16" EAST,
141.00 FEET; THENCE NORTH Sl"42'24" EAST, 33.24 FEET TO A POINT
OF TERMINUS, SAID POINT OF TERMINUS BEING A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY OF LOKER AVENUE WEST, SAID POINT ALSO
BEING ALONG THE NORTHEASTERLY LINE OF SAID PARCEL B.
ALSO
PARCEL Al:
BEGINNING AT THE AFORESAID POINT 'A'; THENCE SOUTH EAST, 34.52 FEET TO A POINT OF TERMINUS.
ALSO
PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH EAST, 37.00 FEET TO A POINT OF TERMINUS.
31' 35'26"
31* 35'26"
ALSO
PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE SOUTH Oa08'20" WEST, 20.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE NORTH 0'08'20" EAST, 20.50 FEET TO A POINT OF TERMINUS.
ALSO
PARCEL AS:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE SOUTH O"O8'20" WEST, 15.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A6:
BEGINNING AT THE AFORESAID POINT 'F'; THENCE NORTH 89O 51'40" WEST, 23.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A7:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 5'08'54" WEST,
23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A8:
BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 5'08'54" WEST,
31.00 FEET TO A POINT OF TERMINUS.
2
ALSO
PARCEL A9:
BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 74O 55'44"
EAST, 23.50 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LANDS SHALL BE
LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN AND END IN SAID
SOUTHWESTERLY RIGHT-OF-WAY OF LOKER AVENUE WEST.
AREA OF DEDICATION, PARCELS A,Al,A2,A3,A4,AS,A6,A7,A8# AND A9:
31,972.67 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE
REGISTRATION EXPIRES 12/31/93
ws/116-89
3
/f&l.,, . S7f05S’#‘/E 23.50
/ \w: PARCGL A 9
28.06’
VlCfNlTY MAP
N.T.S,
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:h?~L..~~X/I//A /fZE 23907 P$VZ +‘EG/%WflUM &X=Z4E3 :&/$I/93
KAHR AND ASSOCIATES EXH/B/ 7 ‘0 ’
4401 MANCHESTER AVENUE, SUITE 107
ENCINITAS, CA. 92024 Ph: (619)632 -1941 PhflcCLR, P.&qUL MAP AtOa 19-27s ANo LoT/;I,
C.7: 74-21 J /WA&= NO. /0372
JN f/L /aq/oo Low25 7 Cmwn sv-c l 5lmT&R L/NE EASEfi&~7 2
I -. .
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Car&bad, California 92008
Assessor's Parcel No. 209-081-17 & 27 Project Name & No. Lots 16 & 17 Carlsbad Oaks Business Park CMWD Project No. 89-C-312
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
Aletha L. Rautenkranz, Secreta Board of Directors
EASEMENT
PREMIER BUSINESS PROPERTIES, LTD., NO. 3, a California limited 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 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.
. . . I ‘.
The uses described herein shall be exclusive (subject to existing San Diego Gas t Electric and Pacific Bell easements) to the Grantee. Grantee shall allow continued use of paved area over the easement. 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 V1A1V and Exhibit ltBrl attached hereto and by this reference made a part hereof.
PREMIER BUSINESS PROPERTIES, LTD.,
NO. 3, a California limited
partnership
General Partner:
Premier Group, Inc., a California corporation
BY
Dated L?R 1990 /
(Attach Notary Acknowledgment)
CMWD 89-312
I i ,. * ,111 :.I I..^*--j--.....---._* . -.,- --._ - . .
., ,, ? .I I
This is to certify that the interest in real property
conveyed by the Deed dated 3 fitAC,,UJT & 0 ---- rl I
from PREMIER BUSINESS PROPERTIES, LTD., NO. 3, a California
limited 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 21 I
1990, and the Grantee consents to recordation thereof by its duly
authorized officer.
DATED
CARLSBAD MUNICIPAL WATER DISTRICT By:
ALETHA L. RAUTENKRANZ, Secret)kry Carlsbad Municipal Water District
CMWD 89-C-312
Notary Acknowledgment for Lots 16 &I 17, Carlsbad Oaks Business Park
4 On this@ 4 day of in the year the undersigned, d notary public in and 1990, before me, for said state, personally appeared Pierre LePendeven personally known to me (or proved to me on the basis of satisfactory evidence) to be the person partnership it.
that executed this instrument, on behalf -of the and acknowledged to me that the partnership executed
1;6”bL?*
(Signattire of Notary) (Seal of Notary)
CMWD 89-C-312
PARCEL B, PARCEL MAP 15275 AND LOT 17 MAP.10372 CMWD 89-C.312 J.N. 116/89/00
12/6/89 REV. 2/2/90
EXHIBIT A
LEGAL DESCRIPTION:
ALL THOSE PORTIONS OF PARCEL B, ACCORDING TO PARCEL MAP NO.
15275, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 23,1988 AS FILE NO. 88-304007 OF OFFICIAL RECORDS, AND ALL THOSE PORTIONS OF LOT 17 OF CARLSBAD TRACT NO.
74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 13, 1982, A STRIP OF LAND BEING 15.00 FEET IN WIDTH, LYING 7.50 FEET ON
EACH SIDE AND PARALLEL WITH THE'FOLLOWING DESCRIBED CENTERLINES:
PARCEL A:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 17, SAID POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKER AVENUE WEST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 17, SOUTH 29" 42'43" EAST, 28.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG
SAID CENTERLINE, SOUTH 58024'34' WEST, 150.71 FEET TO POINT 'A';
THENCE SOUTH 58'24'34" WEST, 120.76 FEET TO POINT 'B'; THENCE
SOUTH 58p24'34'f WEST, 16.81 FEET; THENCE NORTH 89"51'40" WEST,
96.71 FEET TO POINT 'C'; THENCE NORTH 89"51'40" WEST, 35.79 FEET TO POINT 'D'; THENCE NORTH 89"51'40' WEST, 154.01 FEET TO POINT 'E; THENCE NORTH 89°51'40" WEST, 110.49 FEET; THENCE SOUTH O- 08'20" WEST, 33.00 FEET TO POINT 'F'; THENCE SOUTH O"O8'20' WEST,
257.28 FEET; THENCE SOUTH 84"51'06" EAST, 86.00 FEET TO POINT 'G'; THENCE SOUTH 84"51'06" EAST, 527.54 FEET TO POINT 'H';
THENCE SOUTH 84'51'06" EAST, 16.48 FEET; THENCE NORTH lS"O4'16" EAST, 188.34 FEET TO POINT 'I'; THENCE NORTH 1Sa04'16" EAST, 141.00 FEET; THENCE NORTH Sl"42'24" EAST, 33.24 FEET TO A POINT OF TERMINUS, SAID POINT OF TERMINUS BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKER AVENUE WEST, SAID POINT ALSO
BEING ALONG THE NORTHEASTERLY LINE OF SAID PARCEL B.
ALSO PARCEL Al:
BEGINNING AT THE AFORESAID POINT 'A'; THENCE SOUTH 31' 35'26"
EAST, 34.52 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 31° 35'26"
EAST, 37.00 FEET TO A POINT OF TERMINUS.
ALSO
PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE SOUTH O"08'20" WEST,
20.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE NORTH O"08'20" EAST, 20.50 FEET TO A POINT OF TERMINUS.
ALSO
PARCEL AS:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE SOUTH O"08'20" WEST, 15.00 FEET TO A POINT OF TERMINUS.
ALSO
PARCEL A6:
BEGINNING AT THE AFORESAID POINT 'F'; THENCE NORTH 89O 51'40"
WEST, 23.50 FEET TO A POINT OF TERMINUS.
ALSO
PARCEL A7:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 5e08'54" WEST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A8:
BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 5808'54" WEST, 31.00 FEET TO A POINT OF TERMINUS.
2
ALSO
PARCEL A9:
BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 74O 55'44"
EAST, 23.50 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LANDS SHALL BE
LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN AND END IN SAID
SOUTHWESTERLY RIGHT-OF-WAY OF LOKER AVENUE WEST.
AREA OF DEDICATION, PARCELS A,Al,A2,A3,A4,AS,A6,A7,A8, AND A9:
31,972.67 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE
REGISTRATION EXPIRES 12/31/93
WS/116-89
TRUE PO/NT 0
BE’calffw&&- --- # LOA. L07F- -
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170 PAR. A3 I
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VICINITY MAP :
N.T.SI i 8
KAHR AND ASSOcrATES EX/i/B/ 7 ‘0 ’
4401 MANCHESTER AVENUE, SUITE 107
ENCINITAS, CA. 92024 Ph: (619)6X -1941 phflC&‘LB, Pt&EL M/P #oa 19275 AaD LoT/;t,
C-7: 79-Z/, AMP NO.10372
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RESOLUTION NO. 682
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR PARCEL B, LOTS 16 & 17, CARLSBAD OAKS BUSINESS PARK CMWD 89-C-312
WHEREAS, Premier Business Properties, LTD., No. 3, have
submitted a Waterline Easement conveying an easement to the
Carlsbad Municipal Water District for waterline purposes over a
portion of Parcel B, Lots 16 L 17, Carlsbad Oaks Business Park; a
Subordination Agreement from First Interstate Bank of California,
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 Premier Business Properties,
LTD., No. 3, dated August 3, 1990 conveying an easement
for waterline purposes and a subordination agreement from First
Interstate Bank of California to agree that foreclosure or other
enforcement of rights under said deed of trust shall not affect
said easement over a portion of Parcel B, Lots 16 L 17, Carlsbad
Oaks Business Park, which is on file with the Carlsbad Municipal
Water District and is incorporated herein by reference, is
accepted.
\ I 1 3. That the Secretary of the Board is authorized to cause
I 2 the original Deed and Subordination Agreement to be recorded in
I id 3 the Office of the County Recorder of San Diego County, State of
4 California, with the appropriate Certificate of Acceptance
5 attached.
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the
7 Carlsbad Municipal Water District held on the 21st day of
8 August I 1990 by the following vote, to wit:
9
10 AYES: Board Members Lewis, Kulchin, Larson, Mamaux and Pettine
11 NOES: None
12 ABSENT: None
13
14 ATTEST:
15 ALETHA L, RAUTENKRANZ, SecreJary
16 (SEAL)
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28 CMWD 88-C-289