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HomeMy WebLinkAbout1991-01-08; Municipal Water District; 071; Grant Deed & Subordination AgreementAB# 031 MTG. /+‘-?i DEPT. ENG* @VlWD - AGENDA BILL 4-r. TITLE: ACCEPTANCE OF GRANT DEED AND SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR LOT 57, IMMUNE RESPONSE, C.R.C. UNIT 4, CMWD PROJECT NO. 89-C-307 RECOMMENDED ACTION: Adopt Resolution No. 705 accepting a Grant Deed and --- Subordination Agreement for water line purposes. ITEM EXPLANATION BDN Carlsbad #l Limited Partnership, developers of the subject project, have granted an easement as directed in the attached documents. The easements are granted to the District for maintenance and operation of the water service to the project. First Interstate Bank of California, 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 a said easement for Lot 57, Immune Response, Carlsbad Research Center Unit 4, CMWD Project No. 89-C- 307. The subject project is located on the southwest side of Darwin Court. Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find them both satisfactory for their intended purposes. PISCAL IMPACT Requiring dedications and subordination agreements as a condition of water system improvements will save the District expenses in future easement acquisitions. IXHIBITS 1. Location Map. 2. Deed from BDN Carlsbad #l Limited Partnership dated a Subordination Agreement from BDN and the First Interstate Bank of California dated 3. Resolution No. 705 accepting a Grant Deed and --- Subordination Agreement for water line purposes. CMWD 89-C-307 . , ) .- ;j& ; . -. 4 fXH/BIT ‘%, PLA T TO ACCOMPANY LEGAL DESCCIP T/QYV ROJECT NAME: PROJECT TtTLE EXHIBIT .- VATER EASEMENT - LCjT 57 , PR 3.5.77 CM.W.D. 89-C. 307 C.R.C. 4CT 85-24 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. 212-120-15 Project Name t No. Lot 57, Carlsbad Research Center Unit 4 Immune Response - CMWD Project No. 89-C-307 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT ALETHA L. RAtiTENKRANZ, Seketary Board of Directors BDN CARLSBAD #l LIMITED PARTNERSHIP, a Texas 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 1 * . . I ’ *. * - ? 1530 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 "A" and Exhibit llBtV attached hereto and by this reference made a part hereof. BDN CARLSBAD #l LIMITED PARTNERSHIP, a Texas limited partnership ,? Dated /j~cj+-pQ& BY ti 1 i / . Gen&al Partner General Partner (Attach Notary Ackowledgment) CMWD 89-C-307 2 - i 1531 This is to certify that the interest in real property conveyed by the Deed dated SeEember 20, 1990 -- ----------,I 1990, from BDN CARLSBAD #l LIMITED PARTNERSHIP, a Texas 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 January 8, 1991 , U&%&, and the Grantee consents to recordation thereof by its duly authorized officer. DATED January 9, 1991 . %Q* CARLSBAD MUNICIPAL WATER DISTRICT By: cYxr*L ALETHA L. RAUTENIUUUIZ, Secretary Carlsbad Municipal Water District CMWD 89-C-307 3 - * 1 ., 1532 . . Notary Acknowledgment for Lot 57, C.R.C. Unit 4, Immune Response State of ~RL/F%~&,/+- ) County of ,lliLvl iJ~c.-q c 1 ss ) On this day of in the year 1990, before the undersigned, :%sonally appeared is and for said state, 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. J&yL$ k? /&&&~ (signature of Notary) State of ss County of 1 On this day of the undersigned, a notary public in the year 1990, before me, in and for said state, personally appeared personally known to me (or proved to me on the basis oi satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. (Seal on Notary) (Seal of Notary) CMWD 89-C-307 4 - . . - T- 1533 AUGUST 1,199O 1168 EXlHlBlT “A” ALL THOSE PORTIONS OF LOT 57 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD ACCORDING TO MAP THEREOF NO. 11811 RECORDED MAY 19, 1987 IN THE OFFICE OF THE COUNTY RECORDER COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 57 SAID POINT BEING ON A 636.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 56’31’35” WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04’05’17”, A DISTANCE OF 45.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 82’51’29” WEST, 19.53 FEET; THENCE SOUTH 56O31’35” WEST, 72.54 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 56’31’35” WEST, 15.00 FEET TO A POINT OF TERMINUS. ALSO: TOGETHER WITH A 30.00 FOOT WIDE STRIP OF LAND, LYING 15.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT “A”; THENCE NORTH 33’28’25” WEST, 17.50 FEET TO A POINT OF TERMINUS. ALSO: TOGETHER WITH A 75.00 FOOT WIDE STRIP OF LAND LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 57 SAID POINT BEING ON A 636.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75’12’45” WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2O55’45”, A DISTANCE OF 32.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND ALONG A LINE PARALLEL WITH AND 32.50 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID LOT 57 SOUTH 75’12’45” WEST, 200.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “8”; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 75’12’45” WEST 75.00 FEET; THENCE SOUTH 52’42’45” WEST, 212.00 FEET; THENCE SOUTH 37’17’15” EAST, 17.50 FEET TO A POINT OF TERMINUS. ALSO: TOGETHER WITH A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT “B”; THENCE ALONG SAID CENTERLINE SOUTH 14’=47’15” EAST, 30.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIPS OF LANDS ARE TO BE LENGTHENED OR SHOR- TENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID 636.00 FOOT RADIUS CURVE. CMWD 89-C.307 r . EXHIBI? ?3” P’AT TO ACCOMPANY ’ LE6AL - DEscRlPT/o/v= 4:4”05’/7” SE COPflER OF LOT 57)‘ l PALOU&P A,,Q~=~ ROAO \ ,VICINITY MAP PROJECT NAME: WATER EASEMENT LOT 57 PROJECT TITLE: EXHIBIT B , PR 3.5.77 C.M.W.D. 89k. 307 C.R.C. ‘#4 CT 85 - 24 f XHIEVT %” PLA T TO ACCOMPANY LEGAL GESCWPT”ON- \ VICINITY MAP NU SCALE ‘ROJECT NAME: ..- I PROJECT TITLE I EXHIBLT C 'ATER EASEMENT . LQT 57 PR 3.5.77 CM.W.D. 89-C.307 C.R.C. 4CT 85-24 PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND ; 1536 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. 212-120-15 Lot 57, Immune Response, Carlsbad Research Center Unit 4 - CMWD 89-C-307 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 j‘ -i;; / day of /j_- ,.',~;?'('~~-/f' , 19?'.' by BDN CARLSBAD #l LIMITED PARTNERSHIP, a Texas limited L partnership hereinafter referred to as ,,Owner,,, owner of the land and FIRST INTERSTATE BANK OF CALIFORNIA, a California Corporation, hereinafter referred to as t,Beneficiaryl,; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, BDN Carlsbad #l Limited Partnership did execute a deed of trust, dated December 21, 1989, to First Interstate Bank of California, as trustee, covering Lot 57, Immune Response, Carlsbad Research Center Unit 4, CMWD Project No. 89-C-307 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 11811 filed May 19, 1987, to secure a note in the the sum of $4,743,700.00 dated December 21, 1989 in favor of First Interstate Bank of California recorded in 1 . the office of the County Recorder of San Diego County on January 17' 1990 as File/Page No. go-026449 of Official Records/of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated September 20.1990 , 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, understood and agreed as follows: 2 . . . * ; ,538 . . 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 .* . ;;539 6 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 OWNER: FIRST INTERSTATE BANK OF BDN CARLSBAD #l LIMITED CALIFORNIA, a California PARTNERSHIP, a Texas limited corporation partnership ? I ! / 4 ““J.,. : : /, i / NAME &'T;TLE ;, I, ‘,‘QA. * :-I; : - /' ' ? :,. ! JLc'"'- : ,~ \,'.I_ I NAME & TITLE NAME 6 TITLE 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: (Notarial acknowledgemen of execution by OWNER and BENEFICIARY must be attached. 4 , . . - r ,’ 1540 . . Notary. Acknowledgement for Lot 57, Immune Response, C.R.C. #4 State of C'A~\FQG IA ) 3 1 ss County of 4r'; 'i\&C,O ) On this JdFday of ,3&/3kmhcH in the year 1990, before me, the undersigned, notary publi; in and for said state, personally appeared f-J&d K //L LSWY personally known to me (or proved to me on the basis 0; satisfactory xecuted the within or on behalf of the therein named and acknowledged to me that the xecuted it. Signatuge of NotaryJ (Seal of Notary) State of ss County of On this w p% day of in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared 6eo~a5 H V/Ns5 personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person who executed the within instrument asnv%ident (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. L Signaturd of Notary (Seal of Notary) --*--***s-r,.>.- -++- tn . riGF= ,. Cta~‘i~l,l,~ SEAI- ‘I’- .. 7;” 4 ‘* .y J f ,\l&T; ?!.,,A< ::d:l’oinls ! Prlnc:?:Ji C.‘..c2 !:I : Lcr, An,~?‘L=: cxn:y m i * My Ccmtn. Zrp. Apr ii 131 3 4 5 1541 AUGUST 1,199O 1168 EXlHlBlT “A” _ ALL THOSE PORTIONS OF LOT 57 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD ACCORDING TO MAP THEREOF NO. 11811 RECORDED MAY 19, 1987 IN THE OFFICE OF THE COUNTY RECORDER COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 57 SAID POINT BEING ON A 636.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 56O31’35” WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04’05’17”, A DISTANCE OF 45.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 82’51’29” WEST, 19.53 FEET; THENCE SOUTH 56’31’35” WEST, 72.54 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 56’31’35” WEST, 15.00 FEET TO A POINT OF TERMINUS. ALSO: TOGETHER WITH A 30.00 FOOT WIDE STRIP OF LAND, LYING 15.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT “A”; THENCE NORTH 33-“28’25” WEST, 17.50 FEET TO A POINT OF TERMINUS. ALSO: TOGETHER WITH A 15.00 FOOT WIDE STRIP OF LAND LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 57 SAID POINT BEING ON A 636.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75O12’45” WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2’55’45”, A DISTANCE OF 32.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND ALONG A LINE PARALLEL WITH AND 32.50 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID LOT 57 SOUTH 75’12’45” WEST, 200.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “B”; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 75’12’45” WEST 75.00 FEET; THENCE SOUTH 52O42’45” WEST, 212.00 FEET; THENCE SOUTH 37’17’15” EAST, 17.50 FEET TO A POINT OF TERMINUS. ALSO: TOGETHER WITH A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT “8”; THENCE ALONG SAID CENTERLINE SOUTH 14°47’15” EAST, 30.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIPS OF LANDS ARE TO BE LENGTHENED OR SHOR- TENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID 636.00 FOOT RADIUS CURVE. CMWD 89-C.307 .I / . :’ 1542 , ’ rf - If I EXHIBI? -- LI-~ PLAT TO ACCOMPAAW ’ LEGAL - DESCR/PT/ON- SE. CORNER OF LOT 571’ Z?UE PO/NT OF 6&G/NNM . .*’ PROJECT NAME: WATER EASEMENT LOT 57 PROJECT TITLE: EXHIBIT 6 , PR 3.577 C.M.W.D. 89 k. 307 C. R. C. ‘#4 CT 85 - 24 1168 : :!i ,: . . - ‘. . .’ ’ ’ f ‘. 1543 *’ EXHIBIT ‘% n F!!A7- 70 ACCUMEWVY L fGAL G!!SCa/PT/UN - \ VlClNf-lY MAP , LocAnoN MP< NO SCALE FROJECT .NAME-: PROJECT TITLE EXHIBIT C HATER EASEMENT LOT 57 . PR‘ 3.5.77 CM.WD. 89-C. 307 C.R.C. 4CT 85-24 . . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 - RESOLUTION 705 T-4. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 57, CARLSBAD TRACT 85-24, IMMUNE RESPONSE, CARLSBAD RESEARCH CENTER UNIT 4, CMWD PROJECT NO. 89-C-307 WHEREAS, BDN Carlsbad #l Limited Partnership has submitted a Water Line Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lot 57, Carlsbad Tract 85-24, Immune Response, Carlsbad Research Unit 4, CMWD Project No. 89-C-307; and 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 BDN Carlsbad #l Limited Partnership dated September 2, 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 Lot 57, Carlsbad Tract 85-24, Immune Response, Carlsbad Research Center Unit 4, CMWD Project No. 89-C-307 which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I 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 8th day of January I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: dlad sp &a ALETHA L. RAUTENKRANZ, SecrePary (SEAL) CMWD 89-C-307