HomeMy WebLinkAbout1990-11-06; Municipal Water District; 055; Grant Deed & Subordination AgreementCdWD - AGENDA BILL
- :;3# TlTLE- ACCEPTANCE OF GRANT DEED AND SUBORDINATIOb'DEpT=HD= AGREEMENT FOR WATERLINE PURPOSES
’ DEPT. ENG. CMWD PROJECT NO. 89-C-304
RECOMMENDED ACTION:
Adopt Resolution No. 694 ----- accepting a Grant Deed and two (2) Subordination Agreements for Waterline purposes.
ITEM EXPLANATION:
Larwin-Rosedale Properties, 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. The Bank of California, beneficiaries of the subject project, have granted two (2) subordination agreements to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Lots 16, 18 & 19, Carlsbad Research Center Unit 1, Carlsbad Tract 81-10, CMWD Project No. 89-C-304. The subject project is located on the south side of Rutherford Road and southerly end of Pascal Court west of El Camino Real.
Engineering Staff has reviewed the Grant Deed and Subordination Agreements and find all 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 from Larwin-Rosedale Properties dated September
17, 1990 and two (2) Subordination Agreements from The Bank of California dated October 1, 1990.
3. Resolution No. 694 accepting a Grant Deed and ----- Subordination Agreement for waterline purposes.
CMWD 89-C-304
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b .I b LOCATION MAP 4
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PRoJEc $--N MWD 89 C - 304 I,
CARLSBAD RESEAFKH CENTER
PE 2.89.30 PO 343
e' * PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDED REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 212-061-10 L 11, 212-062-08 Project Name & No. Lots 16, 18, 6 19 Carlsbad Research Center Unit 1 CMWD Project No. 89-C-304
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
@&&~KjT&~U~Z, Secr&tary
KAREN KUNDTZ, Assistant Secretary
LARWIN-ROSEDALE PROPERTIES, a California general partnership, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organised 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
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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 TEE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit 81BV8 attached hereto and by this reference made a part hereof.
Dated:
LARWIN-ROSEDALE PROPERTIES, a California General Partnership
By: K-L Properties, Ltd., a California Limited Partnership, General Partner
By: rties, Inc., a California General Partner
By: Rosedale Properties, Ltd., a California Limited Partnership
By: Rosedale Properties, Inca. a California Corporation, General Partner
By:
(Attach Notary Aokowledgment)
CMWD 89-C-304
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CAT. NO. NN00636
TO 1954 CA (g-84)
Corporation as a Partner of a Partnership) \ m TICOR TITLE INSURANCE y
CAT. NO. NNm36 TO 1954 CA (S-94)
(Corporation as a Partner of a Partnership)
STATE OF CALIFORNIA/, , m TICOR TITLE INSURANCE
COUNTYAF
On
said ktate,$e<onauy appeared I -
b$fore ~9 t :he undersigned, a Notary Public in and for TJm e , personally known to me or proved to me on the E ’ ot the within instrument as the ^ satisfactory evidence to be the person who executed
President, 4
the corporatjgn that exec&ed,,the wittin. instrument
owledged to me that such corporation executed the same as such partner and that such partnership exe uted the same. WITNESS my hand $I d official sea.
Signature L/A (This area for official notarial seal)
EXBIBIT .A9
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SHEET 1 OF 4 SHEETS
LEGAL DESCRIPTION
15' WIDE WATER EASEMENT
THAT PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND THAT PORTION OF LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE STRIPS OF LAND 15 FEET IN WIDTH LYING 7.50 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT*16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 3'25'22", AN ARC DISTANCE OF 32.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 1:
THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LINE ALONG SAID CENTERLINE DESCRIBED HEREIN SOUTH 54'27'14" EAST, 90.28 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 54'27'14" EAST, 200.57 FEET; THENCE SOUTH 10'18'39" EAST, 138.60 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 10'18'39' EAST, 235.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 10" 18'39" EAST, 55.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 10'18'39" EAST, 47.50 FEET; THENCE SOUTH 79'41'21" WEST, 308.25 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "E"J THENCE CONTINUING SOUTH 79'41'21" WEST, ,89.36 FEET TO A POINT HEREAFTER REFERRED TO AS POINT “F”; THENCE CONTINUING SOUTH 79' 41'21" WEST, 267.50 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 79'41'21" WEST, 107.75 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 79'41'21" WEST, 205.00 FEET; THENCE NORTH 10' 18'39" WEST, 187.87 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "I.; THENCE CONTINUING NORTH 10'18'39" WEST, 22.86 FEET; THENCE NORTH 75'56'15" EAST, 185.01 FEET; THENCE NORTH 55'25'18" EAST, 30.41 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF PASCAL COURT AS SHOWN ON SAID MAP 10330 AND THE POINT OF TERMINATION.
(CONTINUED) CMWD 89-C.304
ALSO;
SHEET 2 OF 4 SHEETS
(CONTINUED)
COMMENCING AT THE ABOVE DESCRIBED POINT "F"; THENCE NORTH 10'18'39" WEST, 189.86 FEET; THENCE SOUTH 79 41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "G"; THENCE SOUTH lO"18'39" EAST, 39.00 FEET TO THE POINT OF TERMINATION.
ALSO;
THOSE STRIPS OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE SOUTH 35'32'46" WEST, 38.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "B"; THENCE NORTH 79'41'21" EAST, 20.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "C"; THENCE SOUTH 79'41'21" WEST, 35.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "D"; THENCE SOUTH 79"41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "E"; THENCE NORTH 10'18'39" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "H"; THENCE SOUTH 10'18'39" . EAST, 33.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "I"; THENCE NORTH 79'41'21" EAST, 27.00 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID 10' AND 15' WIDE STRIPS OF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AND TERMINATE AT SAID RIGHT-OF-WAY LINES.
CMWD 89-C.304
- EXHIBIT “9” SHEET 3 OF4 SHEEi
PLAT FOR THE DEDICATION OF
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A 15’ WIDE WATER EASEMENT
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
15' WOE WATER /-EASEMENT. (TVP.)
NO. : 0330
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:MWD 89-C.304 BRIAN SMITH ENGINEERS, INC.
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’ EXHIBIT “B” PLAT FOR THE DEDICATION OF
A 15’ WIDE WATER EASEMENT
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
SCALE: l’-100’
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SHEET 4
MD 89-C.304 BRIAN SMITH ENGINEERS, INC.
This is to certify that the interest in real property
conveyed by the Deed dated September 17, ---m- --- , 1990,
from LARWIN-ROSEDALE PROPERTIES, 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 November 6, , 1990, and
the Grantee consents to recordation thereof by its duly
authorized officer. *
DATED November 14 , 1990.
CARLSBAD MUNICIPAL WATER DZS'IB1CT By:
KAREN KUNDTZ, Assistant Secretary
CNWD 09-c-304
3
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< p&‘ASE RECORD THIS DO-NT AT 2 () () 6
NO FEE AS IT IS TO THE BENEFIT ~__._ OF THIS DISTRICT (GOV. CODE [6103]) :;I.' : /i._l, ,-,;-* >;:a --.‘I.]-!.. ;,--,-!;,r&!::z Fry ‘5 i:,,, ui;;~L' ,,-i. i'i'.iJ-* .- _. I -.s_ ; :-;lij I : '.ii - .*L?.,y ;, -u-;::'::..: ~.~,y;.3~,i~ _, ii, I .;;: , I.--" /.,-. L ---- RECORDED REQUESTED BY AND --r.,: / --_ :I; j ;;; .I-,
WHEN RECORDED, PLEASE MAIL TO: ;j&
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Car&bad, California 92008
Assessor's Parcel No. 212-061-10 b 11, 212-062-08 Project Name & No. Lots 16, 18, & 19 Carlsbad Research Center Unit 1 CMWD Project No. 89-C-304
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
2, Secretary
KAREN KUNDTZ, Assistant Secretary
EASEMENT
LARWIN-ROSEDALE PROPERTIES, 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
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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 ltB1l attached hereto and by this reference made a part hereof.
Dated: Q,&z.&.~,- jz /$yg
LARWIN-ROSEDALE PROPERTIES, a California General Partnership
By: K-L Properties, Ltd., a California Limited Partnership, General Partner
By: Larwin Properties, Inc., a California General Partner
By: Rosedale Properties, Ltd., a California Limited Partnership
By: Rosedale Properties, Inc. a California Corporation, General Partner
By:
(Attach Notary Ackowledgment)
CMWD 89-C-304
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CAT. NO. NN00636 TO 1964 CA (g-84)
(Corporation as a Partner of a Partnership)
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrum&, and acknowledged-to me that such
corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand an? official seal.7
Signature A/ +$$--
the within instrument as the
n the basis of satisfactory evidence
OFFICIAL S54L PAM POmHclY B
(This area for official notarial seal)
CAT. NO. NN00636
TO 1964 CA (9-841,
g TICOR TITLE INSURANCE ss.
igned, a Notary Public in and for
/ personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as the - President, 4
the parfnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership WITNESS my hand
Signature 74iLm/Y& (This area for official notarial seal)
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2009
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SHEET 1 OF 4 SHEETS
EXHIBIT “A”
LEGAL DESCRIPTION
15' WIDE WATER EASEMENT
THAT PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND THAT PORTION OF LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE STRIPS OF LAND 15 FEET IN WIDTH LYING 7.50 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 3'25'22", AN ARC DISTANCE OF 32.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 1:
THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LINE ALONG SAID CENTERLINE DESCRIBED HEREIN SOUTH 54"27'14" EAST, 90.28 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 54"27'14" EAST,
e 200.57 FEET; THENCE SOUTH lO"18'39" EAST, 138.60 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH lO"18'39" EAST, 235.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 10" 18'39" EAST, 55.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 10'18'35" EAST, 47.50 FEET; THENCE SOUTH 79'41'21" WEST, 308.25 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 79'41'21" WEST, ,89.?6, FEET TO A POINT HEREAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 79' 41'21" WEST, 267.50 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 79'41'21" WEST, 107.75 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 79'41'21" WEST, 205.00 FEET; THENCE NORTH 10" 18'39" WEST, 187.87 FEET TO A POINT HEREAFTER REFERRED TO AS POINT .ra; THENCE CONTINUING NORTH 10'18'39" WEST, 22.86 FEET; THENCE NORTH 75'56'15" EAST, 185.01 FEET; THENCE NORTH 55"25'18" EAST, 30.41 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF PASCAL COURT AS SHOWN ON SAID MAP 10330 AND THE POINT OF TERMINATION.
(CONTINUED) CMWD 89-C.304
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SHEET 2 OF 4 SHEETS
(CONTINUED)
ALSO;
COMMENCING AT THE ABOVE DESCRIBED POINT "F"; THENCE NORTH 10'18'39" WEST, 189.86 FEET; THENCE SOUTH 79 41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "G"; THENCE SOUTH lO"18'39" EAST, 39.00 FEET TO THE POINT OF TERMINATION.
ALSO;
THOSE STRIPS OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE.SOUTH 35"32'46" WEST, 38.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "B"; THENCE NORTH 79"41'21" EAST, 20.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "C"; THENCE SOUTH 79"41'21" WEST, 35.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "D"; THENCE SOUTH 79"41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "E"; THENCE NORTH lO"18'39" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "H"; THENCE SOUTH lO"18'39"
. EAST, 33.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "I'; THENCE NORTH 79'41'21" EAST, 27.00 FEET TO THE POINT OF TERMINATION,
THE SIDELINES OF SAID 10' AND 15' WIDE STRIPS OF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AND TERMINATE AT SAID RIGHT-OF-WAY LINES.
CMWD 89-C-304
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c ,- ’ i EXHIBIT %” - SHEET 3 OF 4
l _
PLAT FOR THE DEDICATION OF
A 15’ WIDE WATER EASEMENT
IN THE Cl-l-f OF CARLSBAO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
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SHEET C4.
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C2uN-D 89-C. 304 BRIAN SMITH ENGINEERS, INC.
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c . / - . EXHIBIT “B” - ShEET 4 OKA SHEETS .
1
_ PLAT FOR THE DEDICATION OF
A 15’ WIDE WATER EASEMENT
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
N55’25’18=E 30.41
27.00
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CMWD 89-c.304 . BRIAN SMITH ENGINEERS, INC. 1
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This is to certify that the interest in real property
conveyed by the Deed dated September 17, , 1990,
from LARWIN-ROSEDALE PROPERTIES, 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 November 6, , 1990, and
the Grantee consents to recordation thereof by its duly
authorized officer.
DATED November 14 , 1990.
CARLSBAD ?JUNIClPAL WATER JSSSTRICT By:
Y
KAREN KUNDTZ, Assistant Secretary
CMWD 89-C-304
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103])
RECORDING REQUESTED BY AND DGC jj: ~~~~-~~~~~~~ 7.' z:ri: iqnr m
WHEN RECORDED, PLEASE MAIL TO i ,~‘-k+m;!f-~:;~,J I.Y .y lL :Jy : L ,_: ,sJi;.
Carlsbad Municipal Water District <A% $iEcF !T,7fi},17’, 71r35r.* Lx.&;* r ~fdh& ; L: rick , r.:miiC;'?r jr?' .r
5950 El Camino Real 1 ;;;;.A im j v; r ~‘-,y'!'-,:‘. .l;L .-,._ -,__ - '-' / .Le2:T.;'; -' -77-- Carlsbad, California 92008 1 ----.: 1 1- --- .-T, ;,j:,
Space above this line for Recorder's use.
A.P.N. 212-061-10 b 11
212-062-08 Lots 16, 18 L 19 C.R.C. #l
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 I 5) day of Oc+-bar ,
1940 by - LARWIN-ROSEDALE PROPERTIES, a California general
partnership, hereinafter referred to as I'Owner," owner of the
land and THE BANK OF CALIFORNIA, a National Banking Association,
hereinafter referred to as l*Beneficiary"; present owner and
holder of the deed of trust hereinafter described;
THAT WHEREAS, Larwin-Rosedale Properties, a California
general partnership, did execute a deed of trust, dated June 21,
1989, to The Bank of California, a National Banking Corporation
as trustee, covering Lots 16, 18 b 19, Carlsbad Research Center
Unit 1, CMWD Project No. 89-C-304 in the City of Carlsbad, County
of San Diego, State of California, according to Map No. 10330
filed February 18, 1982, to secure a note in the the sum of
1
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$7,252,760.00 dated June 21, 1989 in favor of The Bank of
California, a National Banking Association recorded in the office
of the County Recorder of San Diego County on June 23, 1989 as
File/Page No. 89-333064 of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated spfdwlhr 17,/??0, in favor of
the Carlsbad Municipal Water District as grantee herein referred
to as ItEasement 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
2
. .
2016
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, this waiver, relinquishment and
subordination of the grant of Easement is being executed and
3
2017
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
THE BANK OF CALIFORNIA, a National Banking Association
d f-- &hq Iii LI. Lu
Name & Title
OWNER
LARWIN-ROSEDALE PROPERTIES, a California General Partnership
By: K-L Properties, Ltd., a California
Limited Partnership, General Partner
By: Inc., a California General Partner
By:
Preston, Secretary
4
.
2018 -
By: Rosedale Properties, Ltd., a California Limited Partnership
By: Rosedale Properties, Inc., a California
Corporation, General Partner
By:
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.SIGNSNG 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:
VINCENT F. BIONDO, JR.,
(Notarial acknowledgement of execution by OWNER and BENEFICIARY
must be attached.
CMWD 89-C-304
5
CAT. NO. NN00636 I
TO 1954 CA (9-94)
(Corporation as a Parr*,er of a Partnership) 2019 a TICi? TITLE INSURANCE ! I
t
igned, a Notary Public in and for
W
s
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
I the within instrument as the President, an,!
u!
such partnership executed the same.
(This area for official notarial seal)
CAT. NO. NN00636
TO 1954 CA (9-84)
(Corporation as a Partner of a Partnership)
STATE OF CALIF
a TICOR TITLE INSURANCE 1
the within instrument as the
Notary Public in and for
factory evidence to be the person who executed a.&&+&+&
(This area for official notarial seal)
_- . io20 -
Notarial acknowledgement for Lots 16, 18 & 19 C.R.C. #l
State of
County of ss
#I -cf&& I in the year 1990, On the /p/ day of m before me, the undersigned, a,n&arp public in and for said state, personally appeared w/w* - personally known to me (or the basis 0; satisfactory evidence) to be of The Bank of California, 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-la of directors.
(Seal of Notary)
State of [w+ County Of* On this day of in the year 1990, before me, the undersigned, and for said state, personally appeared personally known to me (or to me 0 the basis 0; satisfactory evidence) to be ~?s?zvi%~ of The Bank of California, the associat'ion 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
OFFICIAL SEAL
2 CGMPEAN Ncla:y ?~~Zlic-Califomja Ncla:y ?~~Zlic-Califomja
LCS ii.XGE:ES COUNTY LCS ii.XGE:ES COUNTY
(Seal of Notary)
CMWD 89-C-304
~
.,_ ,-. . ‘:
_-. 2021 -
SHEET 1 OF 4 SHEETS
EXBIBIT 'A"
LEGAL DESCRIPTION
15' WIDE WATER EASEMENT
THAT PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND THAT PORTION OF LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE STRIPS OF LAND 15 FEET IN WIDTH LYING 7.50 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 3'25'22", AN ARC DISTANCE OF 32.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 1:
THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LINE ALONG SAID CENTERLINE DESCRIBED HEREIN SOUTH 54"27'14" EAST, 90.28 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 54"27'14' EAST, 200.57 FEET; THENCE SOUTH 10" 18'39" EAST, 138.60 FEET TO A POINT . HEREAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH lO"18'39" EAST, 235.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 10" 18'39" EAST, 55.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 10'18'35" EAST, 47.50 FEET; THENCE SOUTH 79"41'21" WEST, 308.25 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "Eat THENCE CONTINUING SOUTH 79'41'21" WEST, .89.76 FEET TO A POINT HEREAFTER REFERRED TO AS BOINT IF"; THENCE CONTINUING SOUTH 79' 41'21" WEST, 267.50 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 79'41'21" WEST, 107.75 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 79'41'21" WEST, 205.00 FEET; THENCE NORTH 10" 18'39" WEST, 187.87 FEET TO A POINT HEREAFTER REFERRED TO AS POINT *I"; THENCE CONTINUING NORTH lO"18'39" WEST, 22.86 FEET; THENCE NORTH 75'56'15" EAST, 185.01 FEET; THENCE NORTH 55'25'18" EAST, 30.41 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF PASCAL COURT AS SHOWN ON SAID MAP 10330 AND THE POINT OF TERMINATION.
(CONTINUED) CMWD 89-C.304
2022
SHEET 2 OF 4 SHEETS
(CONTINUED)
ALSO;
COMMENCING AT THE ABOVE DESCRIBED POINT "F"; THENCE NORTH 10'18'39" WEST, 189.86 FEET; THENCE SOUTH 79 41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "G"; THENCE SOUTH lO"18'39" EAST, 39.00 FEET TO THE POINT OF TERMINATION.
ALSO;
THOSE STRIPS OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE SOUTH 35"32'46" WEST, 38.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "B"; THENCE NORTH 79'41'21" EAST, 20.00 FEET TO.THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "C"; THENCE SOUTH 79'41'21" WEST, 35.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "D"; THENCE SOUTH 79"41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "E"; THENCE NORTH 10'18'39" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "H"; THENCE SOUTH 10°18'39"
. EAST, 33.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "I"; THENCE NORTH 79'41'21" EAST, 27.00 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID 10' AND 15' WIDE STRIPS OF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AND TERMINATE AT SAID RIGHT-OF-WAY LINES.
CMWD 89-C.304
9 2023 I .
4 r EXHIBIT “B” - SHEET 3 Of 4 SHEEi
PLAT FOR THE DEDICATION OF
A 15’ WIDE WATER EASEMENT
IN ME CITY OF CARLSBAD, COUNJY OF SAN DIEGO, STATE OF CALIFORNIA.
- SCALEZ 1-1100’
A= 325’22’
R-536.00
Id AI’ I\1 0. : 0330
1-m- : t3
MATCH POlNT SEE-
WEET CL).
I I &( t &( t 8\ 8\ f?- f?- *I *I \ 2 \ 2 \ 2 \ 2 ’ \ ’ \ pQo4T ‘c- pQo4T ‘c- ’ \ ’ \
3. 3.
N7~*41’21mE So0 N7~*41’21mE So0
’ I ’ I
I I
\ \
55.00 \ \ 55.00 \ \ i i
BRIAN SMITH ENGINEERS, INC.
r 1
.-
,-- .
I *
i 2024 ; ,, EXHIBIT “B” - SHEET 4 OF 4 SHETS
RAT FOR THE DEDICATlON OF
\Anr ~IIA w- - A 15’ Kur WN IIZR EASEMENT
IN THE W-Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA.
~ SCALE: 1’1100
MATCH POINT SEE SHEET 3.
iyD 89-C.304
BRIAN SMITH ENGINEERS, INC.
b
.’ ,* . 2025’ -
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT ?=- = = .+ B 1 -2 p .=c "- .: - , "; : 1; -s; :& 3 d i 1 i '-' $ i t - 4 i ,+ 2 * I L -1 i-u OF THIS DISTRICT (GOV. CODE [6103]) ) - .- 'i +i ., :1 i,- ,: ?*.i j,; -- ..-, __.. ._ __ --. ._ -_ 1 _- - .- -. - _.
RECORDING REQUESTED BY AND -_ * - - . . - _ - -_i WHEN RECORDED, PLEASE MAIL TO _., i *l_', :-.. -r‘--'-“,e _____- ,.'I.; -i .-' -- _ .__ i--a _-. _ ;-I --, \ ,..I : :-' -.y:-i _ _, .-----,--, .;;:- :;; : i .'- I _ .* -ii:! Le.- .-.-
Carlsbad Municipal Water District i -r-- . -. ____I .,: --. :. i’.
5950 El Camino Real Carlsbad, California 92008 Space above this line for Recorder's use. A.P.N. 212-061-10 t 11 212-062-08
Lots 16, 18 SI 19 C.R.C. #l
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 /*I' day of a,hbcr I
19% by LARWIN-ROSEDALE - PROPERTIES, a California general
partnership, hereinafter referred to as ItOwner VI owner of the I
land and THE BANK OF CALIFORNIA, a National Banking Association,
hereinafter referred to as l'Beneficiaryll; present owner and
holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Larwin-Rosedale Properties, a California
general partnership, did execute a deed of trust, dated June 21,
1989, to The Bank of California, a National Banking Corporation
as trustee, Covering Lots 16, 18 h 19, Carlsbad Research Center
Unit 1, CMWD Project No. 89-C-304 in the City of Carlsbad, County
of San Diego, State of California, according to Map No. 10330
filed February 18, 1982, to secure a note in the the sum of
1
2026
$5,146,600.00 dated June 21, 1989 in favor of The Bank of
California, a National Banking Association recorded in the office
of the County Recorder of San Diego County on June 23, 1989 as
File/Page No. 89-333065 of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated &&&rj7.1990, in favor of
the Carlsbad Municipal Water District as grantee herein referred
to as llEasement 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
.
* ,I 2027
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, this waiver, relinquishment and
subordination of the grant of Easement is being executed and
3
. .
.I 2028
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
THE BANK OF CALIFORNIA, a National Banking Association
OWNER
LARWIN-ROSEDALE PROPERTIES, a California General Partnership
By: K-L Properties, Ltd., a California
Lintited Partnership, General Partner
By: Laxwin Properties, Inc., a California Corporatio-E,q6General Partner
Secretary
.* - 2029 . .
By: Rosedale Properties, Ltd., a California Limited Partnership
By: Rosedale Properties, Inc., a California Corporation, General Partner
By: //;;n
Martii( S6a<on, President L
NOTE THAT TEE PRESIDENT OR VICE-PRESIDENT AND TEE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS
DOCUMBNT. 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: ww VINCENT F. BIONDO, JR.
(Notarial acknowledgenient of execution by OWNER and BENEFICIARY
must be attached.
CMWD 89-C-304
., . ‘CAT. Nb. NN00636 -
TO 1954 CA (9-84)
(Corporation as a Partner of a Partnership) 2 Cl 3 * @j TICOH TITLE INSURANCE
t rsigned, a Notary Public in and for
i
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
I the within instrument as the President, and
I;’
t iii
1
(This area for official notarial seal)
CAT. NO. NN00636
TO 1954 CA (9-84)
(Corporation as a Partner of a Partnership) a TICOR TITLE INSURANCE
t fib e, td undersigned, a Notary Public in and for
ii personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
2 the within instrument as the g
r proved to me on the basis of satisfactory evidence
: Secretary of
k
1
_ ..-.: ->I::..- ;-a>r=t*:2?: ._ LA ---. ;; >: -.‘__,. ,. _ .‘.-._, . . 1.. .-. ./. 1 .1. ,-. ;- .I. \- 1. -. ,. to me that sue .‘. ,_ c. -5. I :- . _ __. _i -. ,’ ‘-TC. corporation executed the same as such partner and that ::a; :.- :‘.:A’?~!<‘; “- ‘.‘Ij. .-.’ ‘.:I.:. ‘. . .
such partnership executed the same. -;T;- .,.t.d,i- ---- ^-.. :
WITNESS my hand) and official seal.
: ;,.. _ i . ‘X,, P/ ‘. 4;. ‘ .,.,.-,e.: -1 .yf:yez2 1 - ;,,$H , . - .,
, /j//f,&w ::;*,-L ‘. ~,:rrr;*:-~~Lq-=~2~ .c .ZT7 --*: _ .-;;-,- ,. ;;-;,.r‘.;i.z,‘;
(This area for official notarial seal) l
z ’ rC _: 2031’ -
Notarial acknowledgement for Lots 16, 18 61 19 C.R.C. #l
State of
County 0
On the before me, the undersigned, state, personally appeared personally known to me (or prov the basis of satisfactory evidence) to be of The Bank of California, 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-law of directors. board
(Seal of Notary)
On this fM day of
State of L 1
County of
before me, the year 1990, and for said
the basis 0; of The Bank Id 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 direct0
No!ary Pti3jlc-~~iif~;ni~
(Seal of Notary)
CMWD 89-C-304
6
*\* .,- ‘- ;
‘2032 -
SHEET 1 OF 4 SHEETS
EXBIBIT =A=
LEGAL DESCRIPTION
15' WIDE WATER EASEMENT
THAT PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND THAT PORTION OF LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE STRIPS OF LAND 15 FEET IN WIDTH LYING 7.50 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 3'25'22", AN ARC DISTANCE OF 32.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 1:
THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LINE ALONG SAID CENTERLINE DESCRIBED HEREIN SOUTH 54"27'14" EAST, 90.28 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 54'27'14' EAST, 200.57 FEET; THENCE SOUTH lO"18'39" EAST, 138.60 FEET TO A POINT a HEREAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH lO"18'39" EAST, 235.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 10" 18'39" EAST, 55.00 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 10'18'39" EAST, 47.50 FEET; THENCE SOUTH 79'41'21" WEST, 308.25 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "En; THENCE CONTINUING SOUTH 79'41'21" WEST, .89.76 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 79' 41'21" WEST, 267.50 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 79'41'21" WEST, 107.75 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 79'41'21" WEST, 205.00 FEET; THENCE NORTH 10' 18'39" WEST, 187.87 FEET TO A POINT HEREAFTER REFERRED TO AS POINT .I"; THENCE CONTINUING NORTH 10'18'39" WEST, 22.86 FEET; THENCE NORTH 75'56'15" EAST, 185.01 FEET; THENCE NORTH 55'25'18" EAST, 30.41 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF PASCAL COURT AS SHOWN ON SAID MAP 10330 AND THE POINT OF TERMINATION.
(CONTINUED) CMWD 89-C.304
2033 -
SHEET 2 OF 4 SHEETS
(CONTINUED)
ALSO;
COMMENCING AT THE ABOVE DESCRIBED POINT "F"; THENCE NORTH 10'18'39" WEST, 189.86 FEET; THENCE SOUTH 79 41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "G"; THENCE SOUTH lO"18'39" EAST, 39.00 FEET TO THE POINT OF TERMINATION.
ALSO;
THOSE STRIPS OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE ABOVE DESCRIBED POINT "A"; THENCE SOUTH 35"32'46" WEST, 38.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "B"; THENCE NORTH 79'41'21" EAST, 20.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "C"; THENCE SOUTH 79"41'21" WEST, 35.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "D"; THENCE SOUTH 79"41'21" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "E"; THENCE NORTH 10°18'39" WEST, 25.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "H"; THENCE SOUTH 10'18'39"
. EAST, 33.00 FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE ABOVE DESCRIBED POINT "I'; THENCE NORTH 79'41'21" EAST, 27.00 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID 10' AND 15' WIDE STRIPS OF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN AND TERMINATE AT SAID RIGHT-OF-WAY LINES.
CMWD 89-C.304
I . . 2034 i.
-. EXHIBIT ‘Bn SHEET 3 OF 4 SHEET:
PLAT FOR THE DEDICATION OF
A 15’ WIDE WATER EASEMENT
IN THE CIJ-Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
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MWD 89-C. 304 BRIAN SMITH ENGINEERS, INC.
’ EXHIBIT “B” PLAT FOR THE DEDlCATlON OF A 15’ WIDE WATER EASEMENT
IN THE CITY OF CARLSBAD, COUNTY OF SAN DJEGO, STATE OF CALIFORNIA.
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'MWD 89-C.304 BRIAN SMITH ENGINEERS, INC.
MATCH POINT SEE ’ SHEET 3.
-
RESOLUTION NO. 694
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOTS 16, 18 & 19, Carlsbad Research Center, Unit 1, CARLSBAD TRACT 81-10, CMWD 89-C-304
WHEREAS, Larwin-Rosedale Properties has submitted a
Waterline Easement conveying an easement to the Carlsbad
Municipal Water District for waterline purposes over a portion of
Lots 16, 18 C 19, Carlsbad Research Center, Carlsbad Tract 81-10,
CMWD Project No. 89-C-304; two Subordination Agreements from The
Bank of California, 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: and
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 Larwin-Rosedale Properties
dated September 17, 1990 conveying an easement for waterline
purposes and subordination agreements from The 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 Lots 16, 18 & 19, Carlsbad Tract 81-10, Carlsbad Research
Center Unit 1, CMWD Project No. 89-C-304 which is on file with
the Carlsbad Municipal Water District and is incorporated herein
by reference, is accepted.
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3. That the Secretary of the Board is authorized to cause
the original Deed and Subordination Agreements 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 6th day of
November I 1990 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None /I$big2d
CLAUDE A. LEWIS, President ATTEST:
ALETHA L. RAUTENXRANZ, Secretbzy
(SEAL)
CMWD 89-C-304