HomeMy WebLinkAbout1991-06-18; Municipal Water District; 112; Grant Deed & Sudordination AgreementCARLSBAD IV-‘-“ICIPAL WATER DISTRICT - --iENDA BILL ?:i +’ c , *_.- c&44 3
'AB#= TITLE: ACCEPTANCE OF GRANT DEED AND
‘MT&h-/6 -4
~ DEPTH
SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR LOT 6, PARCEL MAP 11589 . COSMOS COURT, CMWD PROJECT NO. 90-C-350
RECOMMENDED ACTION:
Adopt Resolution No. 740 accepting a Grant Deed and Subordination Agreement for water line purposes.
ITEM EXPLANATION
Axiom Airport Partners, L.P., 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. American Interstate Bank, beneficiary of the subject project, has 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 6, Parcel Map 11589, Cosmos Court, CMWD Project No. 90-C-350. The subject project is located on the south side of Cosmos Court south of Palomar Airport Road and east of Yarrow Drive.
Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes.
I 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 Axiom Airport Partners, L.P., dated April
19, 1991, and a Subordination Agreement from the American Interstate Bank dated May 9, 1991.
3. Resolution No. 740 accepting a Grant Deed and a Subordination Agreement for water line purposes.
CMWD 90-C-350
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ROJECT NAME : PROJECT TITLE EXHIBIT C
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II 1 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT
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OF THIS DISTRICT (GOV. CODE [6103]). j
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RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District i 5950 El Camino Real 1 Carlsbad, California 920 b
8 AGREEMENT
' HIS SUBORDI EMENT RESUL
19!& by P
hereinafte
hereinafte
of the deed of trust
WiTIkkS-ETH
.ted
:nerhsip, land and
nd holder
THAT WHEREAS, Axiom Airport Partners, L.P.,
(Trustor) did-execute a deed of 1
23 trust, dated November 6, , 19 90 to American Interstate
24 (Date) (Trustee) Bank astrustee, covering
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Lot 6, Parcel Map 11589, Cosmos Court, CMWQ Project No. 90-C-350 : .I
(Brief'-Legal Description) ,. I
(See Exhibit 'A' & 'B' for Detailed Description)
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to secure a note in the sum of One Hundred Seventy-Five Thousand (Lien Amount) Dollars ($ 175,ooo.oo ) dated November 6
(Date) ’ 19 90, in favor of American Interstate Bank recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on November 9, 1990 , as FileNo. go-608691 of Official (Date Recorded Records of said c
ut to execute, as
grantor, a grant
favor of bad Munic
TS more par
EASEMENT/EASEMENTS pr EASEMENT/EASEMENTS is a
lien or ch
that benefici
the lien or cha
or charge of the E
Grantee: and
and provided
favor of Easement
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said EASEMENT/EASEMENTS and
Beneficiary is willing that the grant of EASEMENT/EASEMENTS 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,
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1 the receipt and sufficiency of which consideration is hereby
2 acknowledged, and in order to induce Easement Grantee to accept
3 said EASEMENT/EASEMENTS above referred to, it is hereby declared,
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1331
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement
Grantee shall unconditio all times a charge
on the property erior to the lien
or charge of th
bordination
n of the 1
the deed of trust abo e EASEMENT/EASEMENTS in
favor of E
deed of tru
described, any ation including,
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/EASEMENTS 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/EASEMENTS in favor of
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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/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific monetary and other obligations are being and will be
entered into by the Eas lenders and title
insurance " entered into but
for said inguishment and
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subordinat
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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/EASEMENTS in favor of Easement Grantee above referred to
Executed by this g day of
193-
BENEFICIARY: AMERICAN IN
By:
PARTNERS, L.P., a mited partnership
W
By:
1 A!
ent Company,
By:-
%ia?%rnoration
David Brown, President (title of signatory)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION 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.
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3/26/91 REV.
-@-weeem- /3sa 4-w7qA.4-*wm4-we 4-~4?s&--~e-~~~~
Corporation Acknowledgemen.
. State of CALIFORNIA . . I 1 On this 9th , in the year 1991, day of J!lay
. Orange ss.
County of before me, the undersigned, a Notary Public in and for said County and State,
t .
personally appeared
David M. Brown
OFFICIAL SEAL
CEI personally known to me
to be the person(s) who executed the within instrument as President
and --- Secretary or on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Signature
)f Document THIS CERTIFICATE Title or Type (
MUST BE ATTACHED
’ TO THE DOCUMENT Number of Pannc Y=p I n-+- d n.-.~l,man+ YsIL.2 “I Y”L.“IIITII, 6-y ye p/ .
.
ATTENTION NOTARY: Although the information requested below is OPTIONA
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
. Corporation Acknowledgement
State of CALIFORNIA
County of Oranqe
On this 9th day of May , in the year 1 991 ,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared L . Taylor Gerry and
lk
i3L personally known to me
to be the person(s) who executed the within instrument as - President
and Vi c!pk President W-or on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Signature
1
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it cou
THIS CERTIFICATE Title or Type of Document
l MUST BE ATTACHED
: TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
TT-1102 (Rev. 3/90)
1334
STATE OF CALIFORNIA ORANGE Ias. COUNTY OF I
Q) 4 On MAY 8, 1991 I- , before me, the undersigned, a Notary Public in and for
c
z!
said State, personally appeared m S l
m=By aD j-J4 ***********+**h*** and .- ; mrpHpJ7J s. cJf()~ *****************
E , personally known to me (or proved to me on the
=zp
Eg basis of satisfactory evidence) to be the persons who executed the within instrument as PRESIDENT,
iiE VICE President andSRoVICE pREso -on behalf of ******t****** -0 50 ‘-Q
the corporation therein named, and acknowledged to me that
suchcorporationexecutedthewithininstrumentpursuanttoits
by-laws or a resolution of its board of directors.
WITfiESEjmy hand and official seal.
ANN WAGNER NOTARY PUBLIC - CALIFORNIA
(This area for official notarial seal)
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IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
'd-a. ,
Vincent F. Biondo, Jr., General Counsel
must be attached.
CMWD 90-C-350
of OWNER and BENEFICIARY
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* > JANUARY 30, 1991 1293
EXHIBIT "A" SHEET 1 OF 1 SHEETS WATER EASEMENT
A PORTION OF LOT 6 OF PARCEL MAP 11589, IN THE CITY OF CARLSBAD, RECORDED AUGUST 14, 1981 IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS;
BEING A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER-
LINE;
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 6; THENCE
ALONG THE NORTHERLY LINE THEREOF SOUTH 89O24'16' EAST, 33.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID CENTERLINE SOUTH 00'35'44' WEST, 198.00 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT 'A"; THENCE CONTINUING SOUTH OOO35'44" WEST, 113.00 FEET; THENCE SOUTH 89O24'16" EAST,
20.00 FEET TO THE POINT OF TERMINUS
TOGETHER WITH A STRIP OF LAND 25.00 FEET IN WIDTH LYING
12.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT SAID POINT "A"; THENCE SOUTH 89O24'16" EAST, 43.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGTHENED
AND/OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON THE NORTHER- LY LINE OF SAID LOT 6.
C.M.W.D. go-c.350
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UF COMMENCEMENT hi5wwzdE~~ErnY CiMh? CA&VC! 90-c350
3ROJECT NAME: PROJECT TITLE LO- 6, CasMoS EXHIBIT B
?OURT 90 - c. 350
093
ROJECT NAME : PROJECT TITLE EXHIBIT C !ep- 4 ??%wcd% br 6 7?%g’PEL ?Ap /‘/CR$? M&P Ah* /Mr&7 e/w w b 3??w45?7
7sfms c%tig7- &9SrnbS aURT /t/b* %- r-359
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1 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT
2 OF THIS DISTRICT (GOV. CODE [6103]) ) 1 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District 1 Engineering Department 1 5950 El Camino Real Carlsbad, California 92008
Space above this line for Recorder's use.
8 Assessor's Parcel No. 213-050-45
9 Project Name & No. Lot 6 Cosmos Court Parcel Map 11589, CMWD Project No. 90-C-350
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DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
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Board of Directors
3!iAsw
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AXIOM AIRPORT PA&T B California Limited Partnership
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18 does hereby grant-to CARLSBAD wazu"zC~P%& WATER DISTRICT, a Public
19 Agency organized in the State of California, its successors and
20 assigns, an easement.
21 Purpose: The easement granted herein shall be granted
22 for the following purposes: the construction, operation, repair,
23 reconstruction and all activities necessary to construct,
24 reconstruct, operate, maintain and repair facilities designed for
25 the general purpose of collecting, storing, transporting, pumping
26 and treating all water, including surface water, stream water,
27 flood water and ground water flowing into said facilities, and all
28 natural and artificial drainage ditches and structures of any kind,
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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 proS;ective facilities and devices. The use shall
also include a means of access to and from said facility for the
purpose of constructing, operating, repairingi maintaining,
inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the
Grantee. Gr&ntor 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.
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2 3/14/91 REV.
Late of calif ada
:ounty Of m
~fqm8s my band and ofiicial
‘yh--e----
----+------ Corporation Acknowledgement -**usw-~ -~rQxQxgl~rcnc
State of
County of
CALIFORNIA
ss
On this
daYofw, in theyear/52I/,
before mel the undersigned, a Notary Public in and for said County and State,
Personally appeared
-+4
~rsonally known to me
to be the Person(s) who executed the within instrument as
and -&kkk Secretary or on behalf of the corporation
acknowledged to me that the corporation executed it.
<
therein
- President
named and
Signature
,
State of Califarnia
County of Oranqe
On 6/4/91 before me, Raauel T, name and title of officer), per8 (here inclert
, personally known to me (me @ to be the personw whose name@-) ia/wsubscribed to the within instrument and acknowledged
to me that he/sMj#+ executed the same ,in his/km+M?ek authorized capacity(ies), and that by his/w signaturem on the insltrument the person@+, or the entity upon behalf of which the peraanw acted, cxeoutsd the Inetrument,
WITNESS my hand and official seal.
Signature k)r Coma Em fib. 20.1993
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "At' and
Exhibit lrBtr attached hereto and by this reference made a part
hereof.
Exeouted by the GRANTOR this day of . c /.' I' I /'
GRANTOR: AXIOM AIRPORT PARTNERS, L.P., a California limited partnership By: AXIOM PARTNERS, INC., a California corporation dba Axiom Development Company,
(tit16 of signatory).
:?,/a ‘ * . /, ,I E&: '/' /v ,,',.
'(sign here)
Christina Pisarik, Vice Pres. (title of signatory)
BY: DDC INTEREST, INC., a California corporation General @rtner
(title of signatory)
APPROVED AS TO FORM: VICENT F. BIONDO, JR. GENERAL COUNSEL
(Notarial acknowledgment of execution by GRANTORmustbe attached.)
CMWD 90-C-350
3 3/14/91 REV.
CERTIFICATE OF ACCEPTABILITY
This is to certify that the interest in real property
conveyed by the Deed dated &Y 9 , 1991, from
AXIOM AIRPORT PARTNERS, L.P., a California Limited Partnership, as
grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water
District Act of 1911, as amended, is hereby accepted by order of
the Board of Directors of the Carlsbad Municipal Water District on
June 18 ‘I 1991, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED June 19 , 1991
CARLSBAD MUNICIPAL WATER DISTRICT By:
* /LbYAL ALETBA L. RADTENKRANZ, s Carlsbad Municipal Water
CMWD 90-C-350
JANUARY 30, 1991
1293'
EXHIBIT "A" SHEET 1 OF 1 SHEETS WATER EASEMENT
LOT 6 OF PARCEL MAP 11589, IN THE CITY OF AUGUST 14, 1981 IN THE OFFICE OF THE COUNTY SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICU-
A PORTION OF CARLSBAD, RECORDED RECORDER, COUNTY OF 1
LARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER- LINE; COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 89O24'16" EAST, 33.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID CENTERLINE SOUTH 00'35'44' WEST, 198.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE CONTINUING SOUTH OOO35'44" WEST, 113.00 FEET: THENCE SOUTH 89'24'16" EAST, 20.00 FEET TO THE POINT OF TERMINUS TOGETHER WITH 'A STRIP OF LAND 25.00 FEET IN WIDTH LYING 12.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT SAID POINT "A"; THENCE SOUTH 89O24'16" EAST, 43.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON THE NORTHER- LY LINE OF SAID LOT 6.
C.M.W.D. go-c.350
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PROJECT NAME: PROJECT TITLE IN- 6, CasMoS EXHBIT 6
?OURT 90 - c. 350
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1293
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RESOLUTION NO. 740
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 6, PARCEL MAP 11589, COSMOS COURT, CMWD PROJECT NO. 90-C-350
WHEREAS, AXIOM AIRPORT PARTNERS, L.P., a California
Limited Partnership, have submitted a Water Line Easement conveying
an easement to the Carlsbad Municipal Water District for waterline
purposes over a portion of Lot 6, Parcel Map 11589, Cosmos Court,
CMWD Project No. 90-C-350; and a Subordination Agreement from the
American Interstate Bank, 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 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 Axiom Airport Partners,
L.P., dated April 19, 1991, conveying an easement for waterline
purposes and a Subordination Agreement dated May 9, 1991, from the
American Interstate Bank to agree that foreclosure or other
enforcement of rights under said deed of trust shall not affect
said easement over a portion of Lot 6, Parcel Map 11589, Cosmos
Court, CMWD Project No. 90-c-350, 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 Agreement to be recorded
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in the office of the County Recorder of San Diego County, State of
California, with the appropriate Certificate of Acceptability
attached.
PASSED, APPROVED AND ADOPTED at special meeting of the
Carlsbad Municipal Water District held on the 18th day of
June I 1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Nygaard, and Stanton
NOES: None
ABSENT: None
ATTEST:
I .
ALETHA L. RAUTENKRANZ, Secr&ary
(SEAL)
CMWD 90-C-350
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