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HomeMy WebLinkAbout1991-08-06; Municipal Water District; 119; Grant Deed & Subordination AgreementCARLSBAD MqICIPAL WATER DISTRICT - ‘GENDA BILL ACCEPTANCE OF GRANT DEED AND SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR AVIARA MAINTENANCE BUILDING AVIARA DRIVE, CMWD PROJECT NO. 91-C-362 RECOMMENDED ACTION: Adopt Resolution No. $'qX accepting a Grant Deed and Subordination Agreement for water line purposes. ITEM EXPLANATION Aviara Land Associates 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, 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 Aviara Maintenance Building, Aviara Drive, CMWD Project No. 91-C-362. The subject project is located on the east side of Aviara Drive north of Batiguitos Drive. 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 Aviara Land Associates Limited Partnership dated June 4, 1991 and a Subordination Agreement from the First Interstate Bank of California dated June 10, 1991. 3. Resolution No. q!u&- accepting a Grant Deed and a Subordination Agreement for water line purposes. CMWD 91-C-362 . ..c. ,_ _ ’ . ** . . - 2 - :. * . . ‘I I_ . . 1 , * , * LOCATION MAP CT 85-35 PARCEL s PM 16451 AVIARA MAINTEN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) 1 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: i Carlsbad Municipal Water District ) Aletha Rautenkranz, Secretary > 1200 Carlsbad Village Dr. --3 *-.. - ) *,, Carlsbad, California 92008 j, : .11"- . : % ;- . . ': ' z ,, i‘ 3 4J , . . ; li 3 : -II -..-q _I t". . Space above this line for T*" ("2, 'i Recorder's use. ;< Assessor's Parcel NC?: 215-612-13?16 f. Project Name*&-.No. I Maintenance Buildinq (Aviara) '*\ 1; I\ p Aviara Drive - CMWD Proiect No. 91-C-362 9 DOCUMENTARY TRANSFER TAX: None ‘ i \.\ I‘ CARLSBAD MUNICIPAL i . i : WATER DISTRICT. 2, i *_. : .I ,’ 6”: -i : 3 i .y i ,.’ < ( 4’ !. j’ :’ i& d .' Board of Directqrs .-II %,...,.~8 '* 3, ,'k :." '5 'b* *,*.P .-' .; *, -_ * EASEMENT AVIARA LAND'ASSGC~TES~LIMITED PAFZI'NEFSHIP, a Delaware Limited Partnership formerly PACIFIC RIM‘LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, as,to Lot.304 and AVIARA MASTER ASSOCIATION, a Callfornla Non- Profit Mutual Benefit Cormration. as to Lot 307 does hereby gr&t':;y,CARLSBAD MUNICIPAL WATER DISTRICT, a Public rc.' / .o / n. Agency organized i‘"n ,thefFSt:t..e of California", its successors and c > ,. f e1 '* ': ! assigns, an easement. '!':1f ; "; 7 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 f& 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, 1 3/14/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 35 16 17 18 19 20 21 22 23 24 25 26 27 28 , 1 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 ^__A -. .". .r. forms of damage including, c --k~ buti limited to, erosion control ,f""~"~ 1 1, -w ,( I , facilities, fences, ga.ces,"doors,-locking devices, alarms, lights, "\a!" -,y and all other protective facilities and devices. The use shall i ,! also include*a,means of access,to and from said facility for the ,' ' purpose of constructing, operating, repairing, maintaining, 'I, inspecting and reconstructing said facility. ,. I- ,:" The.'uses described herein %shall be exclusive to the ,."* I; I< Grantee. Grantor herein a'grees that no buildings and/or structures / 1% I( .: will be erected, walls constructed; fences built nor trees planted, . . . : , *,~ ~-,+ __ e .c nor may the easement-be used by the Grantor or any other person or ,,‘ entity, including other utilities, whether public or private, for I ', uses whether 'compatible--,-or incompatible with the uses described 3 3 herein without the-<express written approval of the Grantee. I' jr i /// //I /// /// /// /// /// /// /// /// 2 3/14/91 REV. .,. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . :. . LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit lrBll attached hereto and by this reference made a part hereof. d.~ 2' -1 ,...“' ^, . I ‘: 5 ' Executed by the GRANTOR this A’ *?!fY”“‘i i ,i 4th day of June , ,‘ p -“?” ig-jy _ I_ I . .*..‘fc: ,.c . . “>//, 1: -7-y “” -- -- ‘. $&*.L-, . . ’ -:*z AVIARA LAND ASSOCIATES LIMITED PARTNE formerly PATIFIC-RIM,.LAND ASSOCIATES partnership, as fo Lot 304 and AVIARA Profit- Benefit Co.rp$xation,-.'as Pamela Li Hames GRANTOR:. _i /. :RSHIP, a Delaware Limited Partner LIMITED PARTNERSHIP, a Delaware 1 a California ship ' limited Non- President Vice President (title of signatory)% ~<.. I 1 1 ; ,.; (title of signatory) ,' .r' %a 8'). v,.*" A, ‘ .L- ~ 2 ,' I , ,.By: &L /!-* jtf)w-i-. I,.., ',, sd T;d pigH"oohveey) . ,I. " * ./- f ; Assistant Secretary I*.. ". ,_- (title of signatory) _' -_ '" , is _/ i ., APPROVED AS TO FORM: , execution by GRANTOR must be attached.) CMWD 91-C-362 3 3/14/91 REV. * ,c STATE OF CALIFORNIA COUNTY OF San Diego 1 ss. I On June 4. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me me . . 1 to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me ~n-the-basis to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. OFflClAL SEAL LUCIA A O’DWYER mTkwu 8uawocQuHpI w-~p*nyal.~oD( (Seal) ILlr/a a- &&!JyEG NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss: I On June 4. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me me 1 to be the person who executed the within instrument as the Vice President, and Ted L.‘Hoover, personally known to me wasis evule.nce to be the person who executed the within instrument as the Assistant Secretarv of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. lu cf&/ Q/- fy~jt&+ V I NOTARY PUBLIC (Seal) . ’ , STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss. I On June 4. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Pamela L. Hames, personally known to me vn . 1 to be the person who executed the within instrument as the President of Aviara Master Association, a California Non-Profit Mutual Benefit Corporation. WITNESS my hand and official seal. hch% a* NOTARY PUBLIC - (Seal) , 1. , CERTIFICATE OF ACCEPTABILITY This is to certify that the interest in real property conveyed by the Deed dated June 4 , 1991, from AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership formerly PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, as to lot 304 and AVIARA MASTER ASSOCIATION, a California Non-Profit Mutual Benefit Corporation, as to lot 307, 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 , 1991, and the $$A.# ,6 Grantee consents to recordation thereof by its duly authorized officer. DATED 7 , 1991 CARLSBAD MUNICIPAL WATER DISTRICT By: ALETHA L. RAUTENKRANZ, Secr+tary Carlsbad Municipal Water District CMWD 89-C-362 . ...’ ._.. ., I . ., . ‘_ 4/22/1,991('%) -.. OO,ll**SV AVIWTR 10199.00 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT That portion of Parcel 5 of Parcel Map No. 16451 in the City of Carlsbad, County of San Diego, State of California, as filed in the office of the County Recorder of San Diego County April 15, 1991 being more particularly described as follows: Commencing at the Southeast corner of Parcel 5 of said Parcel Map No. 16451, said point being on the arc of a 90 foot radius curve concave to the Southwest, a radial line to said point bears North 54"48'31" East: said point also being on the Westerly right-of-way line of Aviara Drive as shown and described on said Parcel Map No. 16451; thence Northwesterly along said Westerly right-of-way line and the arc of said curve through a central angle of 14'06'011' a distance of 22.15 feet; thence continuing along said Westerly right-of-way line North 49"17'30" West 35.26 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly right-of-way line South 80"13'1111 West, 12.80 feet; thence North 49"17'30" West, 10.50 feet: thence North 44'25'57l' East, 10.00 feet to a point on the arc of a 50.00 foot radius curve concave to the Northeast; said point also being on said Westerly right-of-way line of said Aviara Drive; thence Southeasterly along said Westerly right-of-way line and the arc of said curve through a central angle of 03"43'2711 a distance of 3.25 feet; thence continuing along said Westerly right-of-way line South 49"17J3011 East, 14.74 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.0032 acre of land more or less. Prepared by: / L.S. 5894 REGISTRATION EXPIRES: 12/31/92 . - EXH 1 J-j f-T +, B # _ SHEET 1 CIF 1 SHEET DRIYE DEDICA TED PER MAP NO. 16451 \ A VIARA PARCEL N44 25 N80’13’1 I “E 12.80 u SCALE: 1=40’ As$a-y POINscT7lA LA#E - BA 77QUI TOS DR/K r J I- AIRPORT RD. ’ \\y \ A MARA DR/k?7 NO SCALE ‘~1:1-1-1:1:1:111-1:1/ \ - 35 0 \ 30’ \ r; -G z m INDICA 7E.S WA TER EASEMENT TO BE DEDICA ED TO CARLSBAD MUNICIPAL WA JER DISTRICT HEREON. PROJECT NAMEI A WARA MAlN7iiNANC,, BLDG. PR*JECT ~JD' ~~~~‘*~J- WA 7E.R EASEMENT C.M. h!D. 9r-c.362 6 - ) . -,-I rCPe^t ,1*.*.,-m r-r r a* T)rarme,- -A- . . . . 8 . . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). ) RECORDING REQUESTED AND ; WHEN RECORDED, PLEASE MAIL TO Aletha Rautenkranz, Secretary ; Carlsbad Municipal Water District 1 1200 Carlsbad Village Dr. Carlsbad, California 92008.., ."' -'. ' I '. ! .b" &."+ <,I i \ " “.Spacq above this line for i " ) ‘~, 1 i *.I *-a ir ,: .‘ (' ". .._/. Recorder's use. ,.\a: f. ,I; .' *?, ') i A&N. 215-612-13, 16 ‘ '., ;'-i i' i CMWDNo. 91-C-362 .." II I '- -9 T-,.c,. ( .i& .'.\ SUBORDINAiION AGREEMENT _ ,L h NOTICE: THIS SUBORDINAkONAGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE ,< .h* i .\ PROPERTY BECOMING SUBJECT TO AN :' , '; ESTATE IN THE REAL PROPERTY TO WHICH ..,. f YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING.‘THE VALUE OF YOUR SECURITY INTEREST. ',, ,' c--. 2, * &‘.' THIS&AGREEMENT, made this /'d-day of rz@- , AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited 19zby Partnership ;Trustor) hereinafter Geferred \to as tlOwner,l' owner of the land and FIRST INTERSTATE BANK OF CA&GRNIA, a California Corporation hereinafter refer&to as (Owner) tlBeneficiarytl , present owner and holder Gi B of the deed of trust herei&fter described; .‘ :,: 4 ‘/ WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership, a (Trustor) Delaware Limited Partnership did execute a deed of trust, dated December 20 , 19 88 to First Interstate Bank of Cali- (Date) (Trustee) fornia, a California Corporation astrustee, covering a portion of Lots 304 and 307, of City of Carlsbad Tract 85-35, Aviara Phase 1, Unit "E", in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 12413, filed in the Office of the County Recorder of San Diegp County, June 29, 1989. (Brief Legal Description) (See Exhibit "A" & "B" for Detailed Description) 1 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to secure .a note in the sum of One Hundred Twenty-Five Million Dollars (Lien Amount) //////////////////////// ($ 125,000,000.00 ) dated December 20 (Date) ' 1988, in faVOr of First Interstate Bank of California recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on December 23, 1988 , as File No. 88-661636 of Official (Date Recorded) Records of said county; a;d! i-" ;, '" (F/P No.) ,( & csn :i ' . WHEREAScOwner has.executed, ‘or is about to execute, as / c "\ 'i ,,&* grantor, a grant of,E~ASEMENT/EASEMENTS dated June 4, 1991 , in *1 favor of (the-.Carlsbad Municipal Water District as grantee, i hereinafter referred to as llEasement Grantee," creating AN/THE j' ; EASEMENT/EASEMENTS more particularly'described in EXHIBIT/EXHIBITS "A" & ,,g,, i, I '?, ; :' attached hereto; and ,: L \ : - Q., I p ,i WHEREAS, Easementci:Grantee is willing to accept said ,"“.i ~ EASEMENT/EASEMENTS pro;r$ded the grant of EASEMENT/EASEMENTS is a -* 4' '). .a charge upon.the“&o&ydescribed"property prior and superior to the . . .’ 3 ,, lien or cha'rge,.of the deed of trust above mentioned and provided ' /:‘ ._. : i 4. 2 that beneficiary will specifically and unconditionally subordinate x '5 .'r.,,. 3.. = I the lien or charge of the deed of trust above mentioned to the lien ‘ f' ', t b or charge of the EASEMENT/EPSEMENTS:createh"in favor of Easement i F 8 I I \ Grantee; and '" , $".!, ,4 fi: g :. ! :i:" WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, 2 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2. He intentionally and unconditionally waives, relinquishes and subordinates' the lien or charge of the deed of 28 trust above mentioned to the EASEMENT/EASEMENTS in favor of the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement +.q d .* ---h. Grantee shall unconditionally be and,,remain,,at all times a charge . . . ..$?Y ; ,i# “ \ ? \.. on the property;therein described';;.:.pricr and superior to the lien \ ..: T-N ' 1 '_ or charge of the d&d of trust above mentioned. 8, ‘! : 2;" . . ..That Easement ,!'Grantee would not accept said * : EASEMENT/EASEMENTS above described without this subordination :,. i i. i‘ ‘/ 5, agreement. /" I_ i 3. ) : That this agreement shall be the whole and only ., ? ,. % agreement Gith regard to:the subordination of the lien or charge of 0 the deed of trust above mentioned to the EASEMENT/EASEMENTS in ,. "Y. b. h ,i" . '._ . ,. 2' I -*. I' favor of Easement Grantee abo&referred to and shall supersede and cancel, but'only inso,far as would affect the priority between the : deed of trust and EASEMENT/EASEMENTS hereinbefore specifically ." ? .Ar described, any GriorP,agreement as to such subordination including, r ,<.* k but not limited, tho&&ovigions, if any, contained in the deed of 1 r trust above mentioned, khich'&vide 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/EASEMENTS in favor of the Easement Grantee. 3 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 Easement Grantee, other lenders and title insurance companies which would:not be made or entered into but I _.. 3‘") *. ' for said reliance' 'j,(_I upon subordination; and "#' 3. by the deed o this instrument been subordinated to the charge of the EASEMENT/EASEMENTS in favok*of Easement Grantee above referred to : /i' Lb. '. , " -. ._ .‘ .* J _ "'_ .,_-.- ' Executed by the BENEFICIAR; this day of dn)b jO#'t , 'i9TJ Executed by the OWNER this / I 4th day June , 19 91 BENEFICIARY: ' ; \ OWNER: AVIARA LAND IATES LIMITED laware Limited IhA . d_W ---4 (aut!horti& signature) ! STATE OF CALIFO 734~~~ jss. COUNTY OF 1 al L: i=. I on--JunPQ,--.U91 , before me, the undersigned, a Notary Public in and for i-z and i-f. said State, personally appeared-- MARK D. WHALEN c -NANCY-RRESSLER , personally known to me (or proved to me on the c basis of satisfactory evidence) to be the persons who executed the within instrument as ---_YICE.. President and-&&&&ant Secretary, on behalf of FIRST INTERSTATE BANK OF CALIFORNIA the corporation therein named, and suchcorporationexecuted thewithininstru&nt by-laws or a resolution of its boar,q of d!re&or (This area for official notarial seal) 4 3/26/91 REV. i >I :itle) !d signature) I ,c- L :itle) 3 SECRETARY OR 3TION OF THIS IN OF THE BOARD iTANT SECRETARY .LLY EMPOWERING ?ION WILL SHOW 'HIS MATTER. I'ION OF THIS STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss. I On June 4. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me- . Le to be the person who executed the within instrument as the Vice President and Ted L, Hoover personally known to meT\fis . -to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) STATE OF CALIFORNIA COUNTY OF San Diego or/& 0. afic,y(+ NOTARY PUBLIC I 1 ss: I On June 4. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me me . 1 to be the person who executed the within instrument as the . Vice President, and Ted L. Hoover, personally known to me : . nf to be the person who executed the within instrument as the Assistant Secretarv of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. d* &bp PUBLIC (Seal) 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2e 27 2E ,- SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Notarial acknowledgement must be attached. .m of OWNER and BENEFICIARY CMWD 91-C-362 Pi."-- P8' '3 ‘,.J ( g .-~ 'l '< * -. '.z iv i “__F I,. i ) ,.’ ,:?i ‘?(, : : 5 3/26/91 REV. 4/22/1991(JS) ' ,O,il**SV AVIWTR 10199.00 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT That portion of Parcel 5 of Parcel Map No. 16451 in the City of Carlsbad, County of San Diego, State of California, as filed in the office of the County Recorder of San Diego County April 15, 1991 being more particularly described as follows: Commencing at the Southeast corner of Parcel 5 of said Parcel Map No. 16451, said point being on the arc of a 90 foot radius curve concave to the Southwest, a radial line to said point bears North 54"48'31" East; said point also being on the Westerly right-of-way line of Aviara Drive as shown and described on said Parcel Map No. 16451; thence Northwesterly along said Westerly right-of-way line and the arc of said curve through a central angle of 14"06'011' a distance of 22.15 feet; thence continuing along said Westerly right-of-way line North 49"17'301' West 35.26 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly right-of-way line South 80"13'11'1 West, 12.80 feet; thence North 49"17'30", West, 10.50 feet: thence North 44'25'57" East, 10.00 feet to a point on the arc of a 50.00 foot radius curve concave to the Northeast; said point also being on said Westerly right-of-way line of said Aviara Drive; thence Southeasterly along said Westerly right-of-way line and the arc of said curve through a central angle of 03"43'27" a distance of 3.25 feet; thence continuing along said Westerly right-of-way line South 49'17'3011 East, 14.74 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.0032 acre of land more or less. Prepared by: / L.S. 5894 REGISTRATION EXPIRES: 12/31/92 -7XHIfjii’ ‘B’ - . . SHEET 1 DF 1 SHEET . SCALE.. I=&’ z55-$fi-1 A L//ARA DR/LiT DEDICA TF5 PER . PARCEL MAP NO. 16451 n =3’43’27” R=50.00’ L=3.25’ N44’25’57*E/R) .70.00’ c N80’13’1 I “E I.2 80 COAST HWY . OGXNS7DE PAMfC OCXXN cr --4LOMAR wa - c . - POfNSETJ7A LANE Y ‘;o 0 t r, \ z. m BA 77QLJl TOS lK0W-Y MAP \ LEGEND NO SCALE INDICA 7ES WA 7iZR EASEMENT TO BE 5E5lCA ?ELJ ,TO CARLq@AD.. MUb&‘lFA~ WA TEip DIS 54/C t UERsEOtV. . t 4 .I .-s. - . I PROJECT NO . C.M. M! 0. 3’ 97-c.362 .’ =ROJE~T NAME’ A VIARA MAlN7iiNANCE BLqG. WATER EASEMENT y:’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- RESOLUTION NO. 748 -- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR AVIARA MAINTENANCE BUILDING, AVIARA DRIVE, CMWD PROJECT NO. 91-C-362 WHEREAS, Aviara Land Associated Limited Partnership a Delaware Limited Partnership, formerly PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, as to Lot 304 and AVIARA MASTER ASSOCIATION, a California Non-Profit Mutual Benefit Corporation, as to Lot 307, have submitted a Water Line Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Parcel 5 of Parcel Map No. 16451, Aviara Drive, Aviara Maintenance Building, CMWD Project No. 91-C-362; and a Subordination Agreement from the 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 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 Aviara Land Associates Limited Partnership dated June 4, 1991, conveying an easement for waterline purposes and a Subordination Agreement dated June 10, 1991, from the First Interstate Bank of California to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement over a portion of Parcel 5 of Parcel 1 1 2 : 4 F Y E 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -28 Map No. i6451, Aviara Drive, Aviara Maintenance Building, CMWD Project No. 91-C-362, 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 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 a meeting of the Carlsbad Municipal Water District held on the 6th day of August I 1991 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson and Stanton NOES: None ABSENT: Board Member Nygaard ATTEST: -4A ALETHA L. RAUTENKRANZ, Secre%ry (SEAL) CMWD 91-C-362'