HomeMy WebLinkAbout1991-10-08; Municipal Water District; 129; Grant Deed & Subordination Agreement--
,MWD - -AGENDA BILL
.. L AWdit--m TITLE:
MTG. fo-8- ci’/ ACCEPTANCE OF GRANT DEED AND SUBORDINATIOKClnA
DEPT. ENG l AGREEMENT FOR WATERLINE PURPOSES D PROJECT NO. 88-C-235
RECOMMENDED ACTION:
Adopt Resolution No. i1s6-- accepting a Grant Deed and Subordination Agreement for Waterline purposes.
ITEM EXPLANATION:
John Muckel and Linda Muckel, developers of the subject project, have granted an easement for Lots 16, Carlsbad Tract 74-21, Carlsbad Airport Business Center Unit 1 as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the project. Manufactures Life Insurance Company, beneficiaries of the subject project, have granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Lots 16, Carlsbad Airport Business Center Unit 1. The subject project is located on the south side of Loker Avenue on the north side 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
I 1. Location Map.
2. Grant Deed and Subordination Agreement from John Muckel and Linda Muckel dated .
3. Resolution No. 7.56 accepting a Grant Deed and ----mm Subordination Agreement for waterline purposes.
CMWD 88-C-235
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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:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 209-081-26 Project Name & No. Carlsbad Airport Business Center Unit 1 Lot 16, Carlsbad Tract 74-21 CMWD Project No. 88-C-235
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
Aletha L. Rautenkranz, Secreftary Board of Directors
EASEMENT
JOHN MUCKEL AND LINDA MUCKEL, Husband and Wife, as community property does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement.
Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities
1
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and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit tlAV1 and Exhibit IIB" attached hereto and by this reference made a part hereof.
JOHN MUCKEL AND LINDA MUCKEL, Husband and Wife, as community
PAL WATER DISTRICT
Dated October 9, 1991
(Attach Notary Acknowledgment)
CMWD 88-C-235
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I . ._
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by the Deed dated May 8 I NE-1 from
John Muckel and Linda Muckel, Husband and wife, as c-unity property ,
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
October 8 I &L-t and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: October 9 , 192.
CARLSBAD MUNICIPAL WATER DISTRICT
By: ALETHA L. RAUT Board of Directors
CMWD 88-C-235
Notary acknowledgement for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
. State of California
; ss County of San Diego 1
On the iYE- day of before me, ~G%%&Z~ic?inth~ndYeZ 'Zd the undersigned, state, personally appeared JOHN MUCKEL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it.
A cb A&A- (Signature of Nocar?
. EXP. MAR. 8, 199
(Seal of Notary)
State of California )
1 ss County of San Diego )
On this 0"‘ day of m&.A in the year 1990, before me, the undersigned, a notad public is and for said state, personally appeared LINDA MUCKEL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed it.
Lh l/t% (Signature of Notary
CMWD 88-C-235
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PORTION OF LAND WITHIN LOT 16 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY) BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 16 SAID POINT BEING ON THE ARC OF A 436.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 37’18’15” WEST; SAID POINT LYING NORTHWESTERLY 0~ THE NORTHEAST CORNER 0~ LOT 16 AN ARC DISTANCE 0~ 168.58 FEET THRU A CENTRAL ANGLE OF 22"09'13" OF SAID CURVE; THENCE ALONG SAID CENTERLINE SOUTH 37'18'15" WEST 47.97 FEET; THENCE SOUTH 15"09'02" WEST 76.04 FEET; THENCE SOUTH 74”50’58” EAST 27.50 FEET TO THE POINT OF
TERMINUS.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO BEGIN NORTHEASTERLY IN THE NORTHERLY LINE OF SAID LOT 16 AND AT ALL ANGLE POINTS.
11571 4-26-88 J.Y.
CMWD 88-C.235 (A)
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.: ,, mx...e~------ -.-me- 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 i
Carlsbad Municipal Water District ; 5950 El Camino Real 1 Carlsbad. California 92008 Space above this line for Recorder's use.
A.P.N. 209-081-26
Lot 16, C.A.B.C. Unit 1, C.T. 74-21, CMND 88-C-235
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN THE REAL PROPERTY TC
NHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. ,
THIS AGREEMENT, made this /3 'day of
1990 by JOHM R. MUCKEL AND LINDA L. MUCKEL, husband and wife, as
community property, hereinafter referred to as tVOwner,V1 owner of
the land and*%NUFACTURERS LIFE INSURANCE COMPANY hereinafter
referred to as llBeneficiary"; present owner and holder of the
deed of trust hereinafter described:
THAT WHEREAS, JOHN R. MUCKEL AND LINDA L. MUCEEL did
execute a deed of trust, dated May 2, 1989, to COMMONWEALTH LAND
AND TITLE INSURANCE COMPANY as trustee, covering Lot 16, Carlsbad
Airport Business Center, Carlsbad Tract 74-21 in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 15275 filed June 24, 1988, to secure a note in the the
sum of $1,500,000.00 dated May 2, 1989 in favor ofT%NUFACTURERS
-‘m u % COMPANY recorded in the Office of the County
L Recorder of San Diego County on May 8, 1989 as File No. 89-242682
of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated
the Carlsbad Municipal Water District as grantee herein referred
to as "Easement Grantee," creating an Easement more particularly
described in Exhibits A and B attached hereto: and
WHEREAS, Easement Grantee is willing to accept said
Easement provided the grant of Easement is a charge upon the
above described property prior and superior to the lien or charge
of the deed of trust above mentioned and provided that
beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust above mentioned to the lien
or charge of the Easement created in favor of Easement Grantee;
and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said Easement and Beneficiary
is willing the grant of Easement shall, when recorded, constitute
a charge upon said land which is unconditionally prior and
superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said Easement above referred to, it is hereby declared,
understood and agreed as follows:
l. 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
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PORTION OF LAND WITHIN LOT 16 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 16 SAID POINT BEING ON THE ARC OF A 436.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 37'18'15" WEST; SAID POINT LYING NORTHWESTERLY OF THE NORTHEAST CORNER OF LOT 16 AN ARC DISTANCE OF 168.58 FEET THRU A CENTRAL ANGLE OF 22'09'13" OF SAID CURVE; THENCE ALONG SAID CENTERLINE SOUTH 37'18'15" WEST 47.97 FEET; THENCE SOUTH 15'09'02" WEST
76.04 FEET; THENCE SOUTH 7'+"50'58" EAST 27.50 FEET TO THE POINT OF
TERMINUS.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO BEGIN
NORTHEASTERLY IN THE NORTHERLY LINE OF SAID LOT 16 AND AT ALL ANGLE
POINTS.
11571 4-26-88 3.Y.
CMWD 88-C.235 (A)
THE
monetary and other obligations are being and will be entered into
by the Easement Grantee, other lenders and title insurance
companies which would not be made or entered into but for said
reliance upon the waiver, relinquishment and subordination; and
3. An endorsement has been placed upon the note
secured by the deed of trust above mentioned that said deed of
trust has by this instrument been subordinated to the charge of
the Easement in favor of Easement Grantee above referred to
BENEFICIARY OWNER: MANUFACTURERS LIFE JOHN R. MUCKEL AND INSURANCE COMPANY LIND&'MUC,KEL,/ ///
U.S. MORTGAGES
p(i$ g&$I!by L
0HN"R. MUCKEE, Husband J
LINDA L. MUCKEL, Wife
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD
OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY
EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION
WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as t
(Notarial acknowledgem&nt of execution by OWNER and BENEFICIARY must be attached.
CMWD 88-C-235
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. .
Notary Acknowledgement
: State of California )
1 County of San Diego )
for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
ss
On this 8% day of before me, the undersigned, state, personally appeared John R. Muckel, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it.
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“&& LOS ANGELES CouNii
'1 MY CWSH. EXP. MAR. 8, 1991 FT-! . :- ~.,::-~',,~~c, (Signature of Notary) 5wcae.4* u (Seal of Notary)
State of California )
1 ss County of San Diego )
On this b," day of before me, -+?%Z?&&icininthZndyeFir 'Zd the undersigned, state, personally appeared Linda Muckel, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed it.
QJv-i (Signature -of Notary) (Seal of Notary) .
CMWD 88-C-235
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.- - -T- . II __ _- i -- .- .- - _ i
I, JOSEPH JOHN PIETROSKI, Secretary of The Manufacturers
Life Insurance Company, a corporation existing under the laws of Canada, hereby certify that the following is a true copy of a Resolution passed by the Board of Directors on November 16, 1989:
Resolved, that
400.03 Contracts
All deeds, documents, transfers, contracts, engagements and other instruments (except powers of attorney) requiring execution by the Company shall be signed by the Chair of the Board, if any, or the President, or an Executive Vice President, or a Senior Vice President or any Vice President, the Secretary or Treasurer or any Assistant Secretary or Assistant Treasurer, a Financial Vice President, an Investment Vice President, a Legal Vice President, .an Assistant Vice President, a Senior Actuary, an Actuary, a Group Actuary or any other person as the Secretary and the Board of Directors or the President or an Executive Vice President may otherwise authorize from time to time. Any such authorization may be general or confined to specific circumstances.
GIVEN and CERTIFIED, at the principal office of the Company, in the City of Toronto, Province of Ontario, with the Common Seal of the Company hereto affixed by the undersigned hT;:;g custody of the same as Secretary of the Company, this
day of June 19 90 .
C--
C-W
09) E/87
Ref : 7 FAM 83d.-J(a)
Canada
Province of Ontario City of Toronto ) Consulate General of the)
Onited States of America )
ss: CEHTI I? ICATE OF AUTHENTICATION (Notary Public)
I, the undersigned, Consul of the United States of
America at Toronto, Ontario, Canada, duly commissioned and qualified,
do hereby certify that
----------------------- ----p.fONA my-j-J LEE---------‘------------------
whose name is subscribed to the annexed document, was at the time of
subscribing the scame a Notary Public of the Province of Ontario,
Canada.
For the \=ontents of the annexed document, I assume no
resp~sibility.
IN ‘viITNI3SS WHIKtXV I have hereunt.o set my hand and affixed the seal
of the Consulate General of the United States of America at Toronto,
Cana&, this 17th clay of Sept-berlggl -- -- -*
(XRL) 4 I.,‘! ! ?onsu of the’United States of America
J
RAyMoNo I?. BACA:
conw\ of the United
States of America
Notary Acknowledgement for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
* State of California )
1 ss County of San Diego )
On this day of in the undersigned, a notary public the year 1990, before me, in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Signature of Notary) (Seal of Notary)
F,&,,‘, ‘A- dcA&.O State-of-C-a&fornia )
YO& 1 ss County of -San--Diego )
On this v\ ~3 day of .LQ -L,.,L I ci 4 / in the year 3,990, before me, the undersigned, a" notary public in and for said state, personally appeared sAr-t\F c, '7, .- - \ ~,~~[-1-5. personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
$Gyvc2&SL
(Signature taTNotary (Seal of Notary)
CMWD 88-C-235
PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO 1
Carlsbad Municipal Water District 5950 El Camino Real 1 Carlsbad, California 92008 Space above this line for Recorder's use.
A.P.N. 209-081-26 Lot 16, C.A.B.C. Unit 1,
C.T. 74-21, CMWD 88-C-235
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 AMD
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY IMTEREST.
f% THIS AGREEMENT, made this /3- day of
1990 by JOHN R. MUCKEL AND LINDA L. MUCKEL, husbaxid and wife, as
community property, hereinafter referred to as qlOwner,l' owner of
the land and=MAMUFACTURERS LIFE INSURANCE COMPAMY hereinafter
referred to as "Beneficiary*'; present owner and holder of the
deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, JOHN R. MUCKEL AND LINDA L. MUCKEL did
execute a deed of trust, dated May 2, 1989, to COMMONWEALTH LAND
AND TITLE INSURANCE COMPANY as trustee, covering Lot 16, Carlsbad
Airport Business Center, Carlsbad Tract 74-21 in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 15275 filed June 24, 1988, to secure a note in the the
sum of $1,500,000.00 dated May 2, 1989 in favor of%kJFACTURERS
. i M.Aam-wtz$ LalNs-(IE recorded in the of the County
. Recorder of San Diego County on May 8, 1989 as File No. 89-242682
of Official Records/of said county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated
the Carlsbad Municipal Water District %s grantee herein referred
to as @'Easement Grantee," creating an Easement more particularly
described in Exhibits A and B attached hereto: and
WHEREAS, Easement Grantee is willing to accept said
Easement provided the grant of Easement is a charge upon the
above described property prior and superior to the lien or charge
of the deed of trust above mentioned and provided that
beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust above mentioned to the lien
or charge of the Easement created in favor of Easement Grantee:
and
WHEREAS, it is to the mutual
hereto that Easement Grantee accept said
benefit of the parties
Easement and Beneficiary
is willing the grant of Easement shall, when recorded, constitute . .
a charge upon said land which is unconditionally prior and
superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said Easement above referred to, it is hereby declared,
understood and agreed as follows:
/- . >
4
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
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PORTION OF LAND WITHIN LOT 16 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 16 SAID
POINT BEING ON THE ARC OF A 436.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 37'18'15" WEST: SAID POINT LYING NORTHWESTERLY OF THE NORTHEAST CORNER OF LOT 16 AN ARC DISTANCE OF 168.58 FEET THRU A CENTRAL ANGLE OF 22'09'13" OF SAID CURVE; THENCE ALONG SAID CENTERLINE SOUTH 37'18'15" WEST 47.97 FEET; THENCE SOUTH 15e09'02" WEST
76.04 FEET; THENCE SOUTH 74'50'58" EAST 27.50 FEET TO THE POINT OF
TERMINUS.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO BEGIN NORTHEASTERLY IN THE NORTHERLY LINE OF SAID LOT 16 AND AT ALL ANGLE POINTS.
11571 4-26-88 J.Y.
CMWD 88-C.235 (A)
. ,-.
.
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 MANUFACTURERS LIFE INSURANCE COMPANY
OWNER: JOHN R. MUCKEL AND
ASSISTANT vXE-PRESIDENT
’ U.S. MOiiTGAGES -, ; ,C’ 1
1
--.-A
i
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
Vincent F. Biondo, Counsel
(Notarial acknowledgement of execution by OWNER and BENEFICIARY must be attached.
CMWD 88-C-235
r
. .
Notary Acknowledgement
State of California )
1 County of San Diego )
for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
ss
On this fit day of before me, the undersigned, in the year 1990, in and for said state, personally appeared John R. Muckei, personally known (or proved to me on the basis of satisfactory evidence) to b person whose name is subscribed to this instrument, acknowledged that he executed it.
to me le. the and
M (Signature of Notary)
State of California
County of San Diego
1 1 ss 1
On this c3 325 day of in the year 1990 before me, 'Nit the undersigned, in and for saih state, personally appeared Linda Muckel, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed it.
BRENDA EVANS NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY
c-h (Signature of Notary)
CMWD 88-C-235
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.
I, JOSEPH JOHN PIETROSKI, Secretary of The Manufacturers Life Insurance company, a corporation existing under the laws of Canada, hereby certify that the following is a true copy of a Resolution passed by the Board of Directors on November 16, 1989:
Resolved, that
400.03 Contract8
All deeds, documents, transfers, contracts, engagements and other instrumeks (except powers of attorney) reguiring execution by the Company shall be signed by the Chair of the Board, if any, or the President, or an Executive Vice President, or a Senior Vice President or any Vice President, the Secretary or Treasurer or any Assistant Secretary or Assistant Treasurer, a Financial Vice President, a'n Investment Vice President, a Legal Vice President,.-an Assistant Vice President, a Senior Actuary, an Actuary, a Group Actuary or any other person as the Secretary and the Board of Directors or the President or an Executive Vice President may otherwise authorize from time to time. Any such authorization may be general or confined to specific circumstances.
GIVEN and CERTIFIED, at the principal office of the Company, in the City of Toronto, Province of Ontario, with the Common Seal of the Company hereto affixed by the undersigned hT;thng custody of the same as Secretary of the Company, this day of June 19 90 l
_ _ -.__ -- - _ .
a. r .
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il9;1.5/87 Ref : ? FRM rJ3d. :j( a)
carma
Province of Ontario
City of Toronto 1 Consul.ate General of the)
Utlited States of hieriea)
ss: CXHTIFICATE OF AUTHENTICATION (Notary Public )
I, the undersigned, Consul of the United States of
America at Toronto, Ontario, Canada, duly commissioned and qualified,
d0 hereby certify that
_-_----_____~~---~-~~~ ----+q()pJA KAyLA LEE---------I------------------
whose name is subscribed to the annexed document, was at the time of
subscrib.ing the scarce a Notary Public of the Province of Ontario,
Canada.
For the 2orltents of the annexed document, I assume no
res;!-flnsibility.
IN ;iJITNl<SS WXEOF I have hereunto set my hand and affixed the seal
of tile Consulate General of the United States of America at ‘l’or0nt0,
Carrak, this 17th day of September 1991 -- --•
* (SEAL) /q/A&
Consu. of ttke’united States
/ of Am+2rica J
RAYMOND I?. BACA:
Consul of the United
States of America
Notary Acknowledgement for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
e State of California )
1 ss County of San Diego )
On this day of the undersigned, a notary public in the year 1990, before me, in and for said state, personally appeared personally known to me (or proved to me on the ba'sis ok satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Signature of Notary) (Seal of Notary)
PlzclJ;r,‘e CA- OT-TA&O State-of-Ca-l-ifornia ) yo:: L ss County of San-Diego ,'
On this ,<p day of .~r&G,+.~~ Icicc / in the year -1990, before me, the undersigned, a" notary public in and for said state, personally appeared - --- sAr*\F 5. \ \ \A,Cl-l- 5 personally known to me (or proved 'to me on the basis ok satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. .$I*
~~~~*~
(Signa'ture sf'Notary (Seal of Notary)
CMWD 88-C-235
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1 RESOLUTION NO. 756
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND SUBORDINATION AGREEMENT FOR LOT 16, CARLSBAD TRACT 74-21, CARLSBAD AIRPORT BUSINESS CENTER UNIT 1
WHEREAS, JOHN MUCKEL AND LINDA MUCKEL, husband and wife, as
6 community property have submitted a Waterline Easement conveying
7 an easement to the Carlsbad Municipal Water District for
8 waterline purposes over a portion of Lots 16, Carlsbad Tract 74-
9 21, Carlsbad Airport Business Center Unit 1; and a Subordination
10 Agreement from Manufacturers Life Insurance Company, which
11 II provides that foreclosure or other enforcement of rights under
12 said deed of trust shall not affect said easement attached
13 thereto and shall be made a part thereof; WHEREAS, the Board of
14 Directors of the Carlsbad Municipal Water District has determined
15 it to be in the public interest to accept said Deed and
16 Subordination Agreement:
17 NOW, THEREFORE, BE IT RESOLVED by the Board of
18 Directors of the Carlsbad Municipal Water District as
19 follows:
20
21
1. That the above recitations are true and correct.
2. That the Grant Deed from John Muckel and Linda Muckel
22 dated May 8, 1991 conveying an easement for waterline
23 purposes and subordination agreement from Manufacturers Life
24 Insurance Company to agree that foreclosure or other enforcement
25 of rights under said deed of trust shall not affect said easement
26 over a portion of Lots 16, Carlsbad Tract 74-21, Carlsbad Airport
27 Center Unit 1 which is on file with the Carlsbad Municipal Water
28
,
\ I . a
.
.
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
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22
23
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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 Acceptance
attached.
PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad
Municipal Water District held on the 8th day of October I
1991, by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSTAIN: None ~&J~g~ident -
ATTEST:
ALETHA L. RAUTENKRANZ, Secretbry
(SEAL)
CMWD 88-C-235
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c-i # 1~91-0542115
2016 &XT-1991 10=46 An
.- , PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OFFICM RECORDS OF THIS DISTRICT (GOV, CODE [6103]) StAti HEGC COUHTY RECORDER’S OFFICE ANKTTE E’JAHS, CDCiHTY RECORDER RECORDING REQUESTED BY AND FEES: 0. !I0 WHEN RECORDED, PLEASE MAIL TO: HFi
Carlsbad Municipal Water District Engineering Department 59.50 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 209-081-26 Project Name & No. Carlsbad Airport Business Center Unit 1 Lot 16, Carlsbad Tract 74-21 CMWD Project No. 88-C-235
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
l@-c&h!.eh Aletha L. Rautenkranz, Secrel#ary Board of Directors
EASEMENT
JOHN MUCKEL AND LINDA MUCKEL, Husband and Wife, as community property does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement.
Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities
1
2017
and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit rlA1l and Exhibit lrBrt attached hereto and by this reference made a part hereof.
JOHN MUCKEL AND LINDA MUCKEL, Husband and Wife, as community property
PAL WATER DISTRICT
Dated October 9, 1991
(Attach Notary Acknowledgment)
CMWD 88-C-235
2
; 20~8 Notary acknowledgement for Lot 16, C.A.B. . Unit 1, C.T. 74-21
State of California 1
County of San Diego ; ss
On the EC day of before me, ~*~ic?iPZndyeZ 'Z~ the undersigned, state, personally appeared JO?IN MUCKEL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it.
T i A cb AA-A- (Signature of Notary
EXP. MAR. 8, 199
State of California )
1 ss County of San Diego )
On this ($2 day of rnh in the year 1990, before me, the undersigned, a notad public is and for said state, personally appeared LINDA MUCKEL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed it.
7f?zLdLh -!bmcbv\fi (Signature of Notary
CMWD 88-C-235
.
EXHIBIT "A" LEGAL DESCRIPTION
ALL THAT PORTION OF LAND WITHIN LOT 16 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 16 SAID
POINT BEING ON THE ARC OF A 436.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY
A RADIAL LINE TO SAID POINT. BEARS SOUTH 37’18’15” WEST; SAID POINT LYING
NORTHWESTERLY 0~ THE NORTHEAST coRNFiR OF LOT 16 AN ARC DISTANCE 0~ 168.58
FEET THRU A CENTRAL ANGLE OF 22"09'13" OF SAID CURVE; THENCE ALONG SAID CENTERLINE SOUTH 37”18’15” WEST 47.97 FEET; THENCE SOUTH 15"09'02" WEST
76.04 FEET; THENCE SOUTH 74050’58” EAST 27.50 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO BEGIN NORTHEASTERLY IN THE NORTHERLY LINE OF SAID LOT 16 AND AT ALL ANGLE POINTS.
11571 4-26-88
J.Y.
CMWD 88-C.235 (A)
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202,-
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by the Deed dated May 8 I ~w-* from
John Muckel and Linda Muckel, Husband and wife, as ca-mnunity property I
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
October 8 I =QL-1 and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: October 9 ,19%.
CARLSBAD MUNICIPAL WATER DISTRICT
By: ALETHA L. RAtiT Board of Directors
CMWD 88-C-235
. . .
I -,I 2022 b Y Tl A#
f’ PLEASE RECORD THIS DOCUMENT AT 1 214cT45
r- ti Nyl-~~(m
'91 1(-=):4& Atl
'- NO FEE AS IT IS TO THE BENEFIT j OF THIS DISTRICT (GOV. CODE [6103]) ) a’Fi!Xk REXIRDS SAN !ji~$fi r,o#/;y REUJRDER’S OFFICE
RECORDING REQUESTED BY AND ; #.#jEfTE #&jS, [()u/{Ty REC%DER
WHEN RECORDED, PLEASE MAIL TO 1 FEES: G. 00
Carlsbad Municipal Water District 5950 El Camino Real 1 Carlsbad, California 92008 Space above this line for Recorder's use. A.P.N. 209-081-26 Lot 16, C.A.B.C. Unit 1, C.T. 74-21, CMWD 88-C-235
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 /3 'day of
1990 by JOHN R. MUCKEL AND LINDA L. MUCKEL, husband and wife, as
community property, hereinafter referred to as l'Owner,@' owner of
the land andTR&NUFACTURERS LIFE INSURANCE COMPANY hereinafter
referred to as I~Beneficiary~~; present owner and holder of the
deed of trust hereinafter described; .
WITNESSETH
THAT WHEREAS, JOHN R. MUCKEL AND LINDA L. MUCKEL did
execute a deed of trust, dated May 2, 1989, to COMMONWEALTH LAND
AND TITLE INSURANCE COMPANY as trustee, covering Lot 16, Carlsbad
Airport Business Center, Carlsbad Tract 74-21 in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 15275 filed June 24, 1988, to secure a note in the the
sum of $1,500,000.00 dated May 2, 1989 in favor of?kNUFACTURERS
COMPANY recorded in the Office of the County
. Recorder of San Diego County on May 8, 1989 as File No. 89-242682
of Official Records/of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated
the Carlsbad Municipal Water District as grantee herein referred
to as "Easement Grantee," creating an Easement more particularly
described in Exhibits A and B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said
Easement provided the grant of Easement is a charge upon the
above described property prior and superior to the lien or charge
of the deed of trust above mentioned and provided that
beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust above mentioned to the lien
or charge of the Easement created in favor of Easement Grantee;
and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said Easement and Beneficiary
is willing the grant of Easement shall, when recorded, constitute
a charge upon said land which is unconditionally prior and
superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said Easement above referred to, it is hereby declared,
understood and agreed as follows:
.’
,- . 2024 -
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
* -I
.
20;-
EXHIBIT "A" LEGAL DESCRIPTION
ALL THAT PORTION OF LAND WITHIN LOT 16 OF CARLSBAD TRACT NO. 74-21, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 16 SAID POINT BEING ON THE ARC OF A 436.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 37’18’15” WEST; SAID POIhT LYING NORTHWESTERLY OF THE NORTHEAST CORNER OF LOT 16 AN ARC DISTANCE OF 168.58 FEET THRU A CENTRAL ANGLE OF 22'09'13?' OF SAID CURVE; THENCE ALONG SAID CENTERLINE SOUTH 37”18’15” WEST 47.97 FEET; THENCE SOUTH 15*09'02~~ WEST
76.04 FEET; THENCE SOUTH 74050’58” EAST 27.50 FEET ~0 THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO BEGIN
NORTHEASTERLY IN THE NORTHERLY LINE OF SAID LOT 16 AND AT ALL ANGLE
POINTS.
11571 4-26-88 J.Y.
CMWD 88-C.235 (A)
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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 MANUFACTURERS LIFE INSURANCE COMPANY
OWNER:
&~';4!‘-,.>> , . : I LLLLJ
,L.C,SiST,Q;T V:.2E-?i<ZSIDENT, U.S. M3RTG.4GES
I 1 . .
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as t
(Notarial acknowledgem&t of execution by OWNER and BENEFICIARY must be attached.
CMWD 88-C-235
Notary Acknowledgement
. . State of California )
County of San Diego
for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
ss
On this 8% day of before me, the undersigned, state, personally appeared Jbhn R. Mucked, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it.
bh (Signature of Notary)
State of California )
1 ss County of San Diego )
On this e," day of before me, *icininthiindyeEr 'Zd the undersigned, state, personally appeared Linda Muckel, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed it.
Pm (Signature -of Notary)
CMWD 88-C-235
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2029
--
I, JOSEPH JOHN PJETROSKI, Secretary of The Manufacturers
Life Insurance company, a corporation existing under the laws of Canada, hereby certify that the following is a true copy of a Resolution passed by the Board of Directors on November 16, 1989:
Resolved, that
400.03 Contracts
All deeds, documents, transfers, contracts, engagements and other instruments (except powers of attorney) requiring execution by the Company shall be signed by the Chair of the Board, if any, or the President, or an Executive Vice President, or a Senior Vice President or any Vice President, the Secretary or Treasurer or any Assistant Secretary or Assistant Treasurer, a Financial Vice President, an Investment Vice President, a Legal
- Vice President,_..an Assistant Vice President, a Senior Actuary, an Actuary, a Group Actuary or any other person as the Secretary and the Board of Directors or the President or an Executive Vice President may otherwise authorize from time to time. Any such authorization may be general or confined to specific circumstances.
GIVEN and CERTIFIED, at the principal office of the Company, in the City of Toronto, Province of Ontario, with the Common Seal of the Company hereto affixed by the undersigned hT;i..ng custody of the same as Secretary of the Company, this day of June 19 90.
2030
C-80
OGi15/87 ,
Kef : 7 FAM 834.3(ai
Canada
Province of Ontario City of Toronto 1 Consulate General of thej
United States of Faerica j
ss: CERI’IFICATE OF AUIXENTICATION (Notary Public)
I, the undersigned, Consul of the United States of
Jimerica at Torcnto, Ontario, Canada, duly commissioned and qualified,
do hereby certify that
_-_-B---w--------- ---------MONA mym LEE----------------------------
whose name is subscribed to the annexed document, was at the time of
subscribing the same a Notary Public of the Province of Clntario,
Canada *
For the contents of the annexed document, I assume no
resprisihility.
IN WITWSS WHERE9F I have hereunto set my hand and affixed the seal
of the Consulate General of the United States of America at Toronto,
Canada I this 17th da-J of September1991 -*
/ of America
J
RAYjviOND R. BACK
consul of the United States of Ametica
Notary Acknowledgement for Lot 16, C.A.B.C. Unit 1, C.T. 74-21
State of California )
1 ss County of San Diego )
On this day of in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis ok satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Signature of Notary) (Seal of Notary)
)!GCk, 1 ss County of v )
On. this % 13 day of &G&.,/XX in the 194 I
public year &88+- before me, the undersigned, a' notary in and for said state, personally appeared .q- -- 34r-rrE5 \ u;fLLt- 5 personally known to me (or proved to me on the basis ok satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it.
(Signature &Notary (Seal of Notary)
CMWD 88-C-235