HomeMy WebLinkAbout1991-02-05; Municipal Water District; 079; Grant Deed & Subordination Agreement-=VlWD -AGENDA BILL - y@ ’ /
AB#& TIT LE:
MT@-+?/ ACCEPTANCE OF GRANT DEED AND SUBORDINATION CITY ATTd@i
DEPT. ENG- AGREEMENT FOR WATER LINE PURPOSES LOT 7, LEXUS CAR DEALERSHIP, CMWD 87-C-219 CITY MF&
RECOMMENDED ACTION:
Adopt Resolution No. 711 accepting a Grant Deed and --- Subordination Agreement for water line purposes.
ITEM EXPLANATION
Louis V. Jones, developer of subject project, has 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. The Bank of California and The Mitsubishi Bank of California, beneficiaries of the subject project, have each granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Lot 7, Lexus Car Dealership, CMWD Project No. 87-C-219. The subject project is located on the west side of Paseo de1 Norte north of Palomar Airport Road.
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 from Louis V. Jones and two Subordination Agreements from the two beneficiaries, The Bank of California and The Mitsubishi Bank of California dated January 8, 1991.
3. Resolution No. 711 accepting a Grant Deed and two Subordination Agreements for water line purposes.
CMWD 87-C-219
SiTE
LOCATION MAP
\/lCINI'TY MAP
EXHBIT LEXIJS DEALERSHIP CMN-I 37-C. 219
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PLEASE RECORD THIS DOCUMENT AT -. 1 _. PT.-,-.- "":y'": ,-:F!Tqqm,Tr,c ,-. -;'-r, , NO FEE AS IT IS TO THE BENEFIT ;:qyj yi,;:;;-! c;sJ', i ; ;,fj-.$f&",' .; j; - ;L-
OF THIS DISTRICT (GOV. CODE [6103]) ;$;T, ;:;A;$ ! :--;g';' .;,;,pE;\ --!--.. ;ti7; . ;;; 1":. y lw
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. 211-060-18 Project Name & No. Lot 7, Lexus Car Dealership CMWD Project No. 87-C-219
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
ALE&AL.~N@N -- 2, Secretary Board of Directors
KAREN R. KUNDTZ, Assistant Secretary
EASEMENT
LOUIS V. JONES, an unmarried man 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,
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2103
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 rrA" and Exhibit IlBVt attached hereto and by this reference made a part hereof.
LOUIS V. JONES, an unmarried man
Dated
(Attach Notary Ackowledgment)
State of . t24lifnrnla On this the 8 day of January 1991, before me,
San Diego SS. County of Susan L. Ames
the undersigned Notary Public, personally appeared
Louis V. Jones
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X; personally known to me
3 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) -e-.&S subscrix;)ed&;;
within instrument, and acknowledged that
WiTNESSfly hand and official seal.
Notary’s Signature
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This is to certify that the interest in real property
conveyed by the Deed dated January 8, ------- , 199h,
from LOUIS V. JONES, an unmarried man, 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
February 5, -------------I ii 199 , and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED 7 * d 199 . 0‘ '
CARLSBAD MUNICIPAL WATER DISTRICT By:
2, Secretary ater District
KAREN R. KUNDTZ, Assistant Secretary
CMWD 87-C-2 19
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EXHIBIT "A"
SHEET 1 of 2
ALL THAT PORTION OF PARCEL 1, ACCORDING TO PARCEL MAP NO. 7492 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 20, 1979, AS FILE NO. 79-163476 OF OFFICIAL RECORDS.
BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE.
PARCEL 1
COMMENCING AT THE RIGHT OF WAY LINE OF THE SOUTHWEST CORNER OF PARCEL 1, SAID POINT BEING A 957 FOOT RADIUS CURVE CONCAVE EASTERLY SAID POINT BEARS SOUTH 67'30'38' WEST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15O33'58" A DISTANCE OF 146 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID RIGHT OF WAY LINE, THENCE ALONG SAID CENTERLINE NORTH 67 30‘38" EAST 95 FEET, THENCE NORTH 64030'15" EAST 169 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", THENCE CONTINUING ALONG SAID CENTERLINE NORTH 64O36'15" EAST 13 FEET, THENCE SOUTH 22'00'00" EAST 67 FEET, THENCE NORTH 67O30'38" EAST 238 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT II Bll , THENCE NORTH 67'30'38" EAST 5 FEET TO A POINT OF TERMINUS.
ALSO BEING . STRIPfOF LAND$lO FEET IN WIDTH, LYING 5.0 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES.
BEGINNING AT SAID POINT "A", THENCE ALONG SAID CENTERLINE SOUTH 22°00'OO" EAST 30 FEET TO A POINT OF TERMINUS.
BEGINNING AT SAID POINT "B", THENCE ALONG SAID CENTERLINE SOUTH 22*00'00" EAST 18.5 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15 FOOT WIDE STRIP OF LAND TO BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID RIGHT OF WAY LINE ON SAID 957 FOOT RADIUS CURVE.
CMWD 87-C-219
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’ .1 -b r- _ 5: 7 PLEASE RECORD THIS DOCUMENT AT Gi;- 7 I + i $; $ s NO FEE AS IT IS TO THE BENEFIT -1 --r--r --.: -. -'---,-'-, _ ______
OF THIS DISTRICT (GOV. CODE (61031) ) ;:'i;'! -',L.JL d>!s.;-j . :,:;-Q!y I -i,* -if
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---- ‘r.e- 2 i . RECORDING REQUESTED BY AND ;iu' ..:t ,.. _
WHEN RECORDED, PLEASE MAIL TO 1
Carlsbad Municipal Water District 5950 El Camino Real 1 Carlsbad, California 92008 1 Space above this line for Recorder's use.
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 8 day of January ,
19 91 by LOUIS V. JONES' an unmarried man, as to an undivided 75% -
interest and HAROLD G. SANKEY, a married man as to an undivided
25% interest hereinafter referred to as "Owner II owner of the I
land and THE MITSUBISHI BANK OF CALIFORNIA, hereinafter referred
to as "BeneficiaryI', present owner and holder of the deed of
trust hereinafter described;
WITNESSETH
THAT WHEREAS, Louis V. Jones, an unmarried man, as to
an undivided 75% interest and HAROLD G. SANKEY' a married man as
to an undivided 25% interest did execute a deed of trust, dated
April 24' 1984, to Mitsubishi Bank of California' a California
corporation, as trustee, covering Lot 7, Lexus Car Dealership'
Carlsbad Tract 72-3, in the City of Carlsbad, County of San
Diego, State of California, according to Parcel Map No. 7492
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1 revised 10/19/90
. . ,’ . 2108
I filed April 20,1979, to secure a note in the the sum of . . $2,250,000.00 dated April 24, 1984, in favor of Mitsubishi Bank
of California recorded in the office of the County Recorder of
San Diego County on April 30, 1984 as FILE/PAGE NO. 84-157143 of
Official Records/of said county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated January 8, 1991 , in favor of
the Carlsbad Municipal Water District as grantee hereinafter
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
hereto that Easement Grantee accept said
benefit of the parties
Easement and Beneficiary
is willing that 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
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- acknowledged, and in order to induce Easement Grantee to accept
. . 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
revised 10/19/90
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2110
c subordination of the grant of Easement is being executed and
delivered, the Easement is being created, and that specific
monetary and other obligations are being and will be entered into
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 MITSUBISHI BANK OF CALIFORNIA
Executed on this OfZ$$
t. By:
I Lsez- 7 (title)'
‘i By: (authorized signature)
OWNER: LOUIS V. JONES, an unmarried man, as to an undivided 75% interest and HAROLD G. SANXEY, a married man, as to an undivided 25% interest
Executed on this r day of 32 Id , 19%
f By:
(title) ;-
---Y --
Y i .’ .; : By:-, ,---, /! :, 4 J ; \ i_'L .'L,:'L in *, i (signature) ,f
(title) (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 RATTER.
revised 10/19/90
countyof San Diepo
On this the 8 day of Januarv
Susan L. Ames
19a before me,
the undersigned Notary Public, personally appeared
Louis V. Jones
r tClAL SEAL
8 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) . E subscribed to the
within instrument, and acknowledged that he executed it.
Notary’s Signature
State of California 14 On this the ___ day of January l9?, before me,
SS.
County of San Diego Susan L. Ames
the undersigned Notary Public, personally appeared
Harold G. Sankey
personally known to me
C proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
acknowledged that he executed it.
Notary’dSignature
GENERAL ACKNOWLEDGMENT FORM MSC-MISC-504 (2183) -. . 4
State of California 8 On this the __ day of January 192: before- me.
County of San Diego ss. Susan L. Ames
the undersigned Notary Public, personally appeared
David N. Reynolds
n personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as Vice President or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed il.
Notary’s Signature
MBC-MISC-505
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ALL THAT PORTION OF PARCEL 1, ACCORDING TO PARCEL MAP NO. 7492 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
2112 -
EXHIBIT "A"
SHEET 1 of 2
APRIL 20, 1979, AS FILE NO. 79-163476 OF OFFICIAL RECORDS.
BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.5 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE.
PARCEL 1
COMMENCING AT THE RIGHT OF WAY LINE OF THE SOUTHWEST CORNER OF
PARCEL 1, SAID POINT BEING A 957 FOOT RADIUS CURVE CONCAVE EASTERLY SAID POINT BEARS SOUTH 67"30'38" WEST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"33'58" A DISTANCE OF 146 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID RIGHT OF WAY LINE, THENCE ALONG SAID CENTERLINE NORTH 67O30'38" EAST 95 FEET, THENCE NORTH 64O30'15" EAST 169 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT 'A", THENCE CONTINUING ALONG SAID CENTERLINE NORTH 64"36'15" EAST 13 FEET, THENCE SOUTH 22eOO'OO" EAST 67 FEET, THENCE NORTH 67O30'38" EAST 238 FEET TO
A POINT HEREINAFTER REFERRED TO AS POINT "Bll , THENCE NORTH
67'30'38" EAST 5 FEET TO A POINT OF TERMINUS. ALSO
BEING STRIFsOF SIDE AND PARALLEL
BEGINNING AT SAID 22300'00" EAST 30
BEGINNING AT SAID POINT "B", THENCE ALONG SAID CENTERLINE SOUTH 22"OO'OO" EAST 18. 5 FEET TO A POINT OF TERMINUS.
TANDslO FEET IN WIDTH, LYING 5.0 FEET ON EACH WITH THE FOLLOWING DESCRIBED CENTERLINES.
POINT "A", THENCE ALONG SAID CENTERLINE SOUTH FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15 FOOT WIDE STRIP OF LAND TO BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID RIGHT
OF WAY LINE ON SAID 957 FOOT RADIUS CURVE.
CMWD 87-C-219
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. c 'Ii IS RECOMMENDED TEAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNF,YS . WITH RESPECT THERETO.
VtiCEm !BrC&DO,-Ry General Counsel 1. (Notarial acknowledgm&t of execution by OWNER and BENEFICIARY must be attached.
CMWD 87-C-219
revised 10/19/90
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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 WHEN RECORDED, PLEASE MAIL TO i 1 Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 1 Space above this line for Recorder's use.
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 8 day of January, I
19 91by LOUIS V. JONES, an unmarried man, hereinafter referred to -
as "Owne~,~~ owner of the land and THE BANK OF CALIFORNIA,
hereinafter referred to as tlBeneficiaryff, present owner
holder of the deed of trust hereinafter described:
WITNESSETH
THAT WHEREAS, Louis V. Jones, an unmarried man,
execute a deed of trust, dated January 19, 1990,, to
California-Sansome Corporation, a California corporation,
trustee, covering Lot 7, Lexus Car Dealership, Carlsbad Tract
3 in the City of Carlsbad, County of San Diego, State
California, according to Parcel Map No. 7492 filed April
and
did
The
as
72-
of
20,
1979, to secure a note in the the sum of $1,784,000.00 dated
January 19, 1990 in favor of The Bank of California recorded in
the office of the County Recorder of San Diego County on January
1 revised 10/19/90
,
I . 2116
: ’
29, 1990 as FILE/PAGE NO. go-049718 of Official Records/of said
county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated January 8, 1991 , in favor of
the Carlsbad Municipal Water District as grantee hereinafter
referred to as I'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 that 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:
revised 10/19/90
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a
I 1. That said Easement in favor of Easement Grantee
shall unconditionally be and remain at all times a charge on the
property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
Easement above described without this subordination agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the Easement in favor of
Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and Easement hereinbefore specifically described,
any prior agreement as to such subordination including, but not
limited, those provisions, if any, contained in the deed of trust
above mentioned, which provide for the subordination of the lien
or charge thereof to another interest in the real property
therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approves the grant of Easement
in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the Easement in favor of Easement
Grantee above referred to and understands that in reliance upon,
and in consideration of, this waiver, relinquishment and
subordination of the grant of Easement is being executed and
delivered, the Easement is being created, and that specific
monetary and other obligations are being and will be entered into
revised 10/19/90 3
-- _-_-_-
, 2118 - - . by the Easement Gr..ltee, other lenders and title insurance a
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
i
BENEFICIARY: THE BANK OF CALIFORNIA
OWNER:
LOUIS V. JONES, an unmarried
man
Vice President (title) (title)
% By:
signature) %y: (signature)
Asst. Secretary
(title) (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.
VINCENT F. BIONDO, JR., (Notarial acknowledgment of execution by OWNER and BENEFICIARY
must be attached.
revised 10/19/90 4
State of California ) On this the-.& day of Tsnll;lrv . 19=, before me, ss.
County of San Diego Susan L. Ames
the undersigned Notary Public, personally appeared
Louis V. Jones
-_ & personally known to me ’ known to me
L proveo to me on the basis of satisfactory evidence C proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) .-L .L on(s) whose name(s) subscribed to the subscribed to the
within instrument, and acknowledged that tent, and acknowledged that executed it. executed it.
WITNESS my hand and official seal. hand and official seal.
Notary’s Signature ,
GENERAL ACKNOWLEDGMENT FORM MEC.MISC-SM I?IRRI
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCo . . . . . . . . . . . . . . ..*.......
Onthis. . . . . . . . . . . . . . . . . ..dayof.. ..!?E!%.BE.R... . . . . . . . . . . . . ,intheyear 2 7TH
ss. 1990 ,..,........,......,......,...........,.............................., before me, M. ALINEA . . . . . . . . . . . . . . . . . . . . . . ,........,......,..., a Notary Public, State of California,
duly licensed and sworn, personally appeared . EL!!!!?. !“!A!!???. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
personally known to me (or proved to me on the basis of satisfacto evidence) VICE PTESIDENT to be the person who executed the within instrument as. . . . . . . . . . . . . . . . . .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereufto set my hand and affixed
my official seal in the STATE OF cAL?Fo v SAN FRANCISCO . . . . . . .;. . I .i~. . . , ountyof.. . . . . . . . . . . . . . . , . ~.
llw domnenl m only a !jenard km whch may be proper lor use m wmple tmwxbma and in no way ac% 01 IS nWndwl to ti. as a subsMute for the -danaaomey.Thsp~w~~m~~wurn~eRheraq)~or~rn~~~~ome w aiii of my pmnuon w me su8&4ity of mea0 tims m any rpedic tr-.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Sets. 1190-1190.1) - (Rev. l/83)
t set forth above in this certificate.
Notary Public,State of California :,’ -: I-w --cc My commission expires
-
STATE OF CALIFORNIA
COUNTY OF . . . .SA?. F%%SC!?.. .“’
mu dEllmen, Ia only a germml Ion rhch my be prciml for UW I” smIpr0 b~andinn,w~y~,cxIrI~Lo~,aar~elor~
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
personally known to me (or proved to me on the basis of satisfactory evidence) ASSISTANT SECRETARY to be the person who executed the within instrument as. . . . . . . . . . . . . . . . . . . . .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the STATE OF CALIFQRMIPCounty of.??. FRAHC1SCo . . . . . . . . . . . . . . . . . ..I...-+.. ,.,...........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . onthf 431 set forth above in this certificate. . aoncsa~~n~~.~~pnnsr-nn~c~~wanntyeltrur~~or~mpl~aa?llome bgd vaWy oi my p*m0ci~ n 630 ruWIHy d thess (ormr in any q&f!! vusMon.
Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Sets. 1190-1190.1) - (Rev. l/83)
On this . . . . 27TH DECEMBER
1490’ . . . . . . ..dayof...................................intheyear
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . before me,
M ALINEA . . . . . . . . . . . . ..t............................ a Notary Public, State of California,
duly licensed and sworn, personally appeared. . .REC?.!&?. . C.????!ER.. . . . .
,l rf-ft/L~L~ w
Notary Public, State of California
My commission expires +J#‘d)~
’ . , :-
. ‘2i20
EXHIBIT "A"
SHEET 1 of 2
ALL THAT PORTION OF PARCEL 1, ACCORDING TO PARCEL MAP NO. 7492 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 20, 1979, AS FILE NO. 79-163476 OF OFFICIAL RECORDS.
BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.5 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE.
PARCEL 1
COMMENCING AT THE RIGHT OF WAY LINE OF THE SOUTHWEST CORNER OF PARCEL 1, SAID POINT BEING A 957 FOOT RADIUS CURVE CONCAVE EASTERLY SAID POINT BEARS SOUTH 67O30'38" WEST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"33'58" A DISTANCE OF 146 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID RIGHT OF WAY LINE, THENCE ALONG SAID CENTERLINE NORTH 67"30‘38"
EAST 95 FEET, THENCE NORTH 64030'15" EAST 169 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT 'A", THENCE CONTINUING ALONG
SAID CENTERLINE NORTH 64"36'15" EAST 13 FEET, THENCE SOUTH
22 00'00" EAST 67 FEET, THENCE NORTH 67"30'38 " EAST 238 FEET TO
A POINT HEREINAFTER REFERRED TO AS POINT II B II , THENCE NORTH
67430'38" EAST 5 FEET TO A POINT OF TERMINUS. AlsO
BEING STRIP5OF LANDS 10 FEET IN WIDTH, LYING 5.0 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES.
BEGINNING AT SAID POINT "A", THENCE ALONG SAID CENTERLINE SOUTH
22°00'OO" EAST 30 FEET TO A POINT OF TERMINUS.
BEGINNING AT SAID POINT "B", THENCE ALONG SAID CENTERLINE SOUTH
22°00'OO" EAST 18.5 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 15 FOOT WIDE STRIP OF LAND TO BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON SAID RIGHT
OF WAY LINE ON SAID 957 FOOT RADIUS CURVE.
CMWD 87-C-219
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RESOLUTION 711
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 7, LEXUS CAR DEALERSHIP, CMWD PROJECT NO. 87-C-219
WHEREAS, LOUIS v. JONES, an unmarried man, has
submitted a Water Line Easement conveying an easement to the
Carlsbad Municipal Water District for waterline purposes over a
portion of Lot 7, Lexus Car Dealership, CMWD Project No. 87-C-
219; and two Subordination Agreements from The Bank of California
and the Mitsubishi Bank of California, which provide 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 Agreements:
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 Louis V. Jones dated
January 8, 1991 conveying an easement for waterline purposes and
two subordination agreements from The Bank of California and The
Mitsubishi 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 7, Lexus Dealership, CMWD
Project No. 87-C-219 which is on file with the Carlsbad Municipal
Water District and is incorporated herein by reference, is
accepted.
3. That the Secretary of the Board is authorized to
cause the original Deed and Subordination Agreements to be
1 recorded in the office of the County Recorder of San Diego
I / 2 County, State of California, with the appropriate Certificate of ,
3 Acceptance attached.
4 PASSED, APPROVED AND ADOPTED at a regular meeting of
5 the Carlsbad Municipal Water District held on the 5th day of
6 February I 199dlby the following vote, to wit:
7 AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton
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NOES: None
ABSENT: None
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Secretary
KAREN,R. KUNDTZ, Assistant Secretary (SEAL)
CMWD 89-C-219
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