Loading...
HomeMy WebLinkAbout1991-09-10; Municipal Water District; 128; Grant Deeds & Subordination Agreements1 r '\ d 9 E 0 % z 0 - b 4 A z 3 0 0 5 7 CARLSBAD MWICIPAL WATER DISTRICT -eENDA BILL 1,"' AB# )%% TITLE:ACCEPTANCE OF TWO GRANT DEEDS AND DEPT. t MTG. y-lo-91 TWO SUBORDINATION AGREEMENTS FOR WATER CITY ~1 DEPT. 85-24, C.R.C., CMWD PROJECT NO. 90-C-344 ClTYM( LINE PURPOSES FOR LOT 70, UNIT 4, C.T. RECOMMENDED ACTION: Adopt Resolution No. 755 accepting a Grant Deed Subordination Agreement for water line purposes. ITEM EXPLANATION Cobra-Blackmore, developers of the subject project, granted two easements, one for water line llA1t and one for line lrB1l as directed in the attached documents. The ease are granted to the District for maintenance and operation c Water service to the project. Imperial Bank, beneficiary c sub] ect project, has granted two subordination agreements for water line llAII and one for water line rlB1l, to agree foreclosure or other enforcement of rights under said de< trust shall not affect said easements for Lot 70, Un Carlsbad Research Center, Carlsbad Tract 85-24, CMWD Proje 90-C-344. The subject project is located on the north s: Aston Avenue west of College Boulevard and south of Fi Avenue. Engineering Staff has reviewed the Grant Deeds and Subordii Agreements and find all four documents satisfactory for intended purposes. FISCAL IMPACT Requiring dedications and subordination agreements condition of water system improvements will save the Di expenses in future easement acquisitions n EXHIBITS 1. Location Map. 2. Two Deeds from Cobra-Blackmore dated July 16, 1991 a Subordination Agreements from the Imperial Bank date 16, 1991. 3. Resolution No. 755 accepting two Grant Deeds a' Subordination Agreements for water line purposes. CMWD 90-C-344 Pf?OJ€tT NUM€ : pR&&Lr n/o C06#4 GOLF M&LW CMUO €%Umr CfryUf c14uii4mn C&1?'46&7 MuiWffW IcGQrzi? Q~RRW- COT 70, wiru, ~R~LTB~B~, MClPf/B// v 1 I 404 544 f I 1 2 3 4 !5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 ; 1 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: 1 1 1 1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Project Name & No. Lot 70, Unit 4, Carlsbad Tract 85-24, Map Carlsbad Research Center, CMWD Project No. Water Line "A" DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, Sel Board of Directors + EASEMENT COBRA-BLACKMORE, a California general partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Agency organized in the- State of California, its successc assigns, an easement. Purpose! The easement granted herein shall be 5 for the following purposes: the construction, operation, 1 reconstruction and all activities necessary to cons reconstruct, operate, maintain and repair facilities desigr the general purpose of collecting, storing, transporting, 1 and treating all water, including surface water, stream flood water and ground water flowing into said facilities, E natural and artificial drainage ditches and structures of an! 1 3/14/5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 LOCATION OF THE EASEMENT: The easement granted herein shall be located wit1 upon the properties more particularly described in Exhibit Exhibit IrB" attached hereto and by this reference made hereof. Executed by t GRANTOR /dfi day ofpy % ' 19%. GRANTOR: COBRA-BLACKMORE , . California General Partnersh , General Partner: Managing G , ' Partner, Allen Joseph Blach i (name of grantor, By : Trustee of the Blaclanore Fam. dated May 20, 1976 ' By: ~~~~&hbk he e) c/ctit/e of signatc (sign here) I title of signatl; \ 2 77h?44 &J&i&J xnnnn~rvn AC rnn unnw. __ WITNESS my hand and official seal. -/{e4 4 Notary Public in and for said County and State. I. Notary Seal i 1 e 0 f CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveye by the Deed dated , 19-, from COBRA-BLACKMORE, a California general partnership as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Wate District Act of 1911, as amended, is hereby accepted by order o the Board of Directors of the Carlsbad Municipal Water District o I 19 , and the Grantee consents t recordation thereof by its duly authorized officer. DATED : I 19-, CARLSBAD MUNICIPAL WATER DISTRICT By: ALETHA L. RAUTENKRANZ, Secretar Board of Directors CWD 90-C-344 -SOWARDS AND à OWN ENGINEERI~ JN 89-164(W/L i November 21 , 199 Lot 70, Map No. 11 81 EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC WATER LINE EASEMENT WATER LINE "A" LOT 70, MAP NO. 11 81 1 That portion of Lot 70, Unit 4, Tract 85-24 as shown on Map No. 11 81 1 , in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the Recorder of the County of San DieQ on May 19, 1987, being 15.00 and 10.00 foot strips of land more particularly described as follows: Beginning at the Southeasterly corner of said Lot 70, said corner being also a point on a 336 foot radius curve concave Southeasterly, from said point of which a radial line bears South M037'32" East, said curve being alsc the Northerly right of way of Aston Avenue as shown on said Map No. 11 81 1 l thence along arc of said right of w, 1. Southwesterly 67.07 Feet Through acentral angle of 11'26'13" to the TRUE Poll OF BEGINNING, which a radial line bears South 16'03 East; thence leaving said right of way 2. North 04°37J32" West 234.15 Feet: Thence 3. North 75'1 4'40" East 40.51 Feet; Thence 4. North 14°45'20" West 10.00 Feet: Thence 5. South 75O14'40" West 39.43 Feet; Thence 6. North 49'37'32" West 21.97 Feet; Thence 7. North 71°23'09" West 247.57 Feet; Thence 8. North 18'36'51 " East 18.00 Feet; Thence 9. North 71°23'09" West 15.00 Feet; Thence 10. South 18'36'51 ,, West 33.00 Feet; Thence 11. South 71O23'09" East 259.68 Feet; Thence 12. South 49'37'32" East 13.85 Feet; Thence . .- -1 CMWD 90-C.344 2187 NEWCASTLE AVENUE SUITE 202 CARDIFF BY THE SEA, CA 92007 619/436-8 I m 0 f 8 13. South 04°37'32" East 240.68 Feet To a point on a 336 Foot radius non-tangent curve conci Southeasterly, from said point of which a radial line bear South 18'41 '07" East, said curve being also the Northel right of way of Aston Avenue as shown on Map No. 1181 Thence along arc of said right of way. 14. Northeasterly 15.38 Feet Through a central angle of 0$37'22" to the TRUE POlh OF BEGINNING. Containing in all 0.195 Acres, more or less. ,/ CMWD 90-C.344 1 r a e SOWARDS AND BROWN ENGINEERING, INC. ES-1161M JOB NAME.... .COBRA GOLF FILE..0089-164 11-20-1990 TIME 13:17:59 207 LOTS---------------------------------------------------- LOT#.....ESMT A BLOCK#.....o...O COURSE # BEARING AZIMUTH DISTANCE COR 1 N 4/37/32.0 W 355/22/28.0 234.154 482 2 N 75/14/40.2 E 75/14/40.2 40.512 490 3 N 14/45/19.8 W 345/14/40.2 10.000 490 4 S 75/14/40.2 W 255/14/40.2 39.425 490 5 N 49/37/32.0 W 310/22/28.0 21.967 490 6 N 71/23/09.0 W 288/36/51.0 247.565 482 7 N 18/36/51.0 E 18/36/51 o 0 18 0 000 482 8 N 71/23/09.0 W 288/36/51.0 15.000 482 9 S 18/36/51.0 W 198/36/51.0 33.000 482 10 S 71/23/09.0 E 108/36/51.0 259.682 482 11 S 49/37/32.0 E 130/22/28.0 13 . 845 482 12 S 4/37/32.0 E 175/22/28.0 240.680 482 13 CURVE TO THE RIGHT ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ......................................................................... ----------^-------------------------------------------------------------- RADIUS.*.oo* 3360000 DELTA....... 2/37/21.8 LENGTH...... 15.380 4829 CHORD....... N 72/37/33.8 E - 15.379 I---I~oIIIIIoIoII-LII----~--------~~-~----------------.-~---.------------- AREAoo.*o*e 8490 SQeFT. AREA................. 0.195 ACRES ......................................................................... PERIMETER.... 1189.210 FEET / &$ $b$ W $29 -I aw pa z+&q$tj888$@ v)- 2 L56&56$cpg &p$%Spqq 288 604-h F r $88 333 $3 -I s !YE ?I WrF$FFr!Jr g???????????? 9s a3?93ygiijF$g?y 2Q ,g?p ~-~zY~sY~sss~~~ u*coo *uma ~jp~i5~~~4~~~~ ~*83if 3 o*> I- ."$l%F-$ZJ$$ss$pJ 35 2 z F!WTFFFT!!Y d " z m c) 1 $!&%3;2&33&%p% Aj5io'h %om$z 3 --s8s8Fi3.58&53.5 &i5&& %Y$84$43~$z~+o ~~mzzzwzzzzcoco%~ :&q IoFo 1-.. ai3822 ~~i~siiti~in.i K%%%%?-%%%%%x iE%% -I IC) Io OrCU rCU rNm ~hmaoc c U .I -i t @h%//on/ OF LOT F amcuo adw UL-~,W,, LOCATION MAP C06R4 GOLF F4tILl7-V 1 2 3 4 ' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 3 3 3 1 1 1 1 -1 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). 3 RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO City Clerk City of Carlsbad 1.200 Carlsbad Villa A. P. N. 212-120-06 CMWD No. 90-C-344 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 AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. YOUR SECURITY INSTRUMENT ATTACHES *, THIS AGREEMENT, made this /& day of COBRA-BLACKMORE, a California General Partnership 19-by hereinafter referred % to as tlOwner,ll owner of the 1~ hereinafter referred of the deed of trust hereinafter described; (Trustor) IMPERIAL BANK, a California corporation (Owner) 3/ as IIBeneficiaryfl, present Owner and WITNESSETH THAT WHEREAS, Cobra-Blackmore , a California General P; (Trustor) did execute a dE trust, dated January 2 , , 19 91 to Imperial Bank, a Calj Corporation as trustee, covering Lot 70, Unit 4, Carlsbad Tract 85-24, Map 11811, Carlsbad Research Cer CMWi Project No. 90-C-344, Water Line "A" - (Date) (Trustee) (Brief Legal Description) (See Exhibit "A" & ''Ell for Detailed Description) 1 3/26/ I 1 2 3 4 5 0 e to secure a note in the sum of Three Million, Five Hundred Colars .......................... $ 3,500,000.00 ) dated January 2 (Date 1991, in favor of Imperial Bank, a California Corporation ret (Lien Amount) (Beneficiary) in the office of the County Recorder of San Diego ( (County) 1 on January 7, 1991 I as Fibe NQ, 91-0006188 of Of 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Date Recorded) (F/P No.) Records of said county; an WHEREAS, executed, or is about to execu grantor, a grant of EASEMENT/EAS favor of the Carlsbad Munic rict as gr hereinafter eferred to as "Easement Grantee, II creating EASEMENT/EASEMENTS more pa icularly described in EXHIBIT/EX "A" & "B" attached here WHEREAS, Easement Grantee is willing to accept EASEMENT/E ENTS provided the grant of EASEMENT/EASEMENT: charge upon the above described property prior and superior lien or charge of the deed of trust above mentioned and pr that beneficiary will specifically and unconditionally subor the lien or charge of the deed of trust above mentioned to th or charge of the EASEMENT/EASEMENTS created in favor of Ea Grantee; and t. WHEREAS, it is to the mutual benefit of the p hereto that Easement Grantee accept said EASEMENT/EASEMEN' Beneficiary is willing that the grant of EASEMENT/EASEMENTS when recorded, constitute a charge upon said land whj unconditionally prior and superior to the lien or charge deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual be accruing to the parties hereto and other valuable consider 2 3/26/S S 9 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 0 0 the receipt and sufficiency of which consideration is acknowledged, and in order to induce Easement Grantee to said EASEMENT/EASEMENTS above referred to, it is hereby dec understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Ea - Grantee shall unconditionally be and remain at all times a on the property t ein described, prior and superior to th or charge of the d of trust ove mentioned. 2. That Easement Grantee would not accept EASEMENT/EASEMENTS above described without this subordi agreement. 3. That this agreement shall be the whole anc agreement with regard to the subordination of the lien or chz the deed of trust above mentioned to the EASEMENT/EASEME favor of Easement Grantee above referred to and shall supersc cancel, but only insofar as would affect the priority betwe deed of trust and EASEMENT/EASEMENTS hereinbefore specif described, any prior agreement as to such subordination incl but not limited, those provisions, if any, contained in the c trust above mentioned, which provide for the subordination lien or charge thereof to another interest in the real pr therein described. BENEFICIARY declares, agrees and acknowledges the 1. He consents to and approves the gra EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally b relinquishes and subordinates the lien or charge of the d trust above mentioned to the EASEMENT/EASEMENTS in fa7 3 3/2 6/S I 1 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 0 0 Easement Grantee above referred to and understands that in re upon, and in consideration of, this waiver, relinquishme1 subordination of the grant of EASEMENT/EASEMENTS is being ex and delivered, the EASEMENT/EASEMENTS IS/ARE being create( that specific monetary and other obligations are being and w entered into by the Eas , other lenders and insurance companies which would-not be made or entered in for said relia upon t waiver, relinquishment subordination; and An endorsement has been placed upon the note s by the deed of trust above mentioned that said deed of trust this instrument been subordinated to the charge 0: EASEMENT/EASEMENTS in favor of Easement Grantee above referr Executed by the BENEFICIARY this Executed t e OWNER th /19 dayyl{/ I BENEFICIARY: OWNER: COBRA-BLACKMORE, a C IMPERIAL B General Partnership, General Corporatio Managing General Partner BY: By: (authorized signat Allen Joseph Blackmore, Trust1 the Blachre Family Trust da May 2711y6 (t'tle) BY: By: // A<PJ)&h$k I,' (aumor$zed signat y&flt?fl&5 &!&{[/f/$k 0 /(title> NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRET; ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OI; DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SEC OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPO THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILl SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATT IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF 4 3/26/9 I 7 0 Q State of California 1 County of Los Angeles 1 On July 18,1991, beZore me a notary public in and for said state, personally appeared Richard Raker, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nam indicated at the signatme point. subscribed to the within instrument and acknowledged to me that he or she executed the same in the CE wI11yE;sS my hand and official seal. LOS ANGELES COUNTY (seal) GENERAL COUNSEL 91 , 19-, before me, the undersigned, a Notary Publlc in and JULY 16TH ALLEN JOSEPH BLACKMORE, MANAGING GENERAL PARTNER FOR COBRA-BLA A CALIFORNIA GENERAL PARTNERSHIP ONE of the partners of the partnership that executed the within instrument. and known to me to be acknowledged to me that such partnership executed the same. Notary Seal ic in and for said County and State. i I ! 1 t e 0 State of California 1 County of Los Angels 1 On July 18, 1991, before me a notary public in and for said state, personally appeared Randall ISvers, p known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subscribed to the within instrument and acknowledged to me that he or she executed the same in the ~ll: indicated at the signature point. 3 WITNESS my hand and otlicial seal. Signature (Seal) CapaciQ of Sighatow VICE .f 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 e 6 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTl WITH RESPECT THERETO. Approved as to form: Vincent F. Biondo, Jr., General Counsel (Notarial acknowledgement of execution of OWNER and BENEF must be attached. CMWD 90-C-344 -. 5 3/26/9 -sL~wAHDS AND WOWN ENGINEERI- JN 89-164(W/L I November 21,19E Lot 70, Map No. 1181 EXHl BIT "A" LEGAL DESCRIPTION FOR PUBLIC WATER LINE EASEMENT WATER LINE "A" LOT 70, MAP NO. 1181 1 That portion of Lot 70, Unit 4, Tract 85-24 as shown on Map No. 11 81 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the Recorder of the County of San Die! on May 19,1987, being 15.00 and 10.00 foot strips of land more particularly described as follows: Beginning at the Southeasterly corner of said Lot 70, said corner being also a point on a 336 foot radius curve concave Southeasterly, from said point of which a radial line bears South M037'32" East, said curve being alsc the Northerly right of way of Aston Avenue as shown on said Map No. 1181 1, thence along arc of said right of w 1. Southwesterly 67.07 Feet Through a central angle of 11'26'13" to the TRUE Poll OF BEGINNING, which a radial line bears South 16O03 East; thence leaving said right of way 2. North 04'37'32" West 234.15 Feet; Thence 3. North 75'1 4'40" East 40.51 Feet; Thence 4. North 14°45120w West 10.00 Feet; Thence 5. South 75'1 4'40" West 39.43 Feet; Thence 6. North 49'37'32" West 21.97 Feet; Thence 7. North 71'23'09" West 247.57 Feet; Thence 0. North 18'36'51 " East 18.00 Feet; Thence 9. North 71°23'09" West 15.00 Feet; Thence 10. South 18'36'51" West 33.00 Feet; Thence 11. South 71°23'09" East 259.68 Feet; Thence 12. South 49'37'32" East 13.85 Feet; Thence .I ., CMWD 90-(3.344 2187 "CASTLE AVENUE SUITE 202 CARDIFF BY THE SEA, CA 92007 619/436-€ t 0 0 13, South 04'37'32" East 240.68 Feet TO a point on a 336 Foat radius non-tangent curve conc Southeasterly, from said point of which a radial line be; South 18'41 '07" East, said curve being also the North( right of way of Aston Avenue as shown on Map No. 11 8 Thence along arc of said right of way. 14. Northeasterly 15.38 Feet Through a central angle of 093722" to the TRUE POP OF BEGINNING. Containing in all 0.1 95 Acres, more or less. CMWD 90-C.344 * 1.- a 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 0 m RESOLUTION NO. 755 f A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 70, C.R.C. UNIT 4, C.T. 85- 24, CMWD PROJECT NO. 90-C-344 WHEREAS, COBRA-BLACKMORE, a California gE partnership, have submitted two Water Line Easements conveyj easement tothe Carlsbad Municipal Water District for waterlii and waterline ltBll for waterline purposes over a portion of LC Carlsbad Research Center Unit 4, C.T. 85-24, CMWD Project No. 344; and two Subordination Agreements from the Imperial Bank provides that foreclosure or other enforcement of rights unde deeds of trust shall not affect said easements attached there shall be made a part thereof; WHEREAS, the Board of Directors of the Carlsbad Mun. Water District has determined it to be in the public intert accept said Deeds and Subordination Agreements; NOW, THEREFORE, BE IT RESOLVED, by the Board of Dirc of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and corr 2. That the Grant Deeds from Cobra-Blackmore date 16, conveying an easement for waterline ttA1v and waterline I1 waterline purposes and two Subordination Agreements dated Ju 1991, from the Imperial Bank to agree that foreclosure or enforcement of rights under said deeds of trust shall not said easements over a portion of Lot 70, Carlsbad Research Unit 4, Carlsbad Tract 85-24, CMWD Project No. 90-C-344, whi on file .with the City Clerk of the City of Carlsbad a1 incorporated herein by reference, are accepted. 3. That the Secretary of the Board is authorize 1 4er4 \ + 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 a @ cause -the two original Deeds and two Subordination Agreement recorded in the office of the County Recorder of San Diego C State of California, with the appropriate Certificati Acceptability attached. PASSED, APPROVED AND ADOPTED at meeting of the Ca da Municipal Water District held on the 10th September , 1991 by the following vote, to wit: AYES: NOES: Nme ABSENT: None Council Members Lewis, Kulchin, Larson, Stanton and Nygaa &JKL CLAUDE A. EWIS, Preside, ATTEST: ALETHA L. kAUTENKRANZ, Secrkytary (SEAL) CMWD 90-C-344 2