HomeMy WebLinkAboutPIP 97-04; Cornerstone Corporate Center, LLC; 1998-0206906; EasementI . ... ..
-
r \, '\, '
RECORDING REQUESTED BY
Cornerstone Corporate Centre,
LLC
AND WHEN RECORDED,
PLEASE MAIL 'ro:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
fee as it is to the benefit of the
Please record the document at no
District (Gov. Code [6103].)
972
FEES: 0.00 E: NA
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-091-14.15, & 16
Documentary transfer tax is $o.oO Project No. 8 Name 97-259. Lots 7.8.8 11, PIP 97-04,
( ) computed on full value of property conveyed, or Carlsbad AirDorte Center at Wright Place.
( )computed on full value less value of liens and Cornerstone CorDorate Centre
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
FOR AVALUABLE CONSIDERATION, CMLSBAD MUNLCIPAL WATER DISTRICT
receipt of which is hereby acknowledged. // 1
GRANT DEED OF WATER LINE EASEMENT
CORNERSTONE CORPORATE CENTRE, LLC, a California limited liability company
~ ~~
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
1 10/20/97 Rev.
c. 9 73
natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking
; devices, alarms, lights, and all other protective facilities 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 "A" and Exhibit "B attached hereto and by this reference made a part hereof.
Executed by the Grantor this 6" day of M aach ,
19%.
GRANTOR
CORNERSTONE CORPORATE CENTRE, LLC, a
California limited liability company
(name of grantor)
BY: Newport Natiinal/Cornerstone, LLC, a California
limited liability company, Asset Manager
: Newport National Corporation, a California
(titie of signat6ry) Pkesident
By:
Jeffry Brusseau, Secretary
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
RONALD R. B
By:
CMWD 97-259
10/20/97 Rev. 2
STATE OF CALIFORNIA 1
1 ss
COUNTY OF SA~%Q;EQ~ 1 J
On M &g& b , 1948 before me, John R. Couvillion, Notary Public,
personally appeared s&+ R. %+SEAU Ad T&&q E~Z~SSQAU
, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@)
dare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hishedtheir authorized capacity(ies), and that by hisiherltheir signature@.) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument. ~ ”
WITNESS my hand and official seal. 4
I I \ 111.
975
WATER EASEMENT
EXHIBIT “A”
PARCELS A, B & C OF
LOT LINE ADJUSTMENT PLAT NO. 504
CARLSBAD, CALIFORNIA
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS A, B AND C OF LOT LINE ADJUSTMENT PLAT NO. 504, IN THE CITY
OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO CO~JNTY ON AS FILE f y?$-IG@2
O.R., BEING MORE PARTICULARLY DESCRIBED
PARCEL ‘A’
A STRIP OF LAND 20 FEET WIDE LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE ALONG THE EASTERLY
LOT LINE OF SAID PARCEL C SOUTH 05”24’38” EAST 256.00 FEET; THENCE SOUTH 28°20’05” WEST
27.02 FEET; THENCE LEAVING SAID LOT LINE NORTH 5733’21” WEST 56.12 FEET; THENCE NORTH
32”06’39” EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 5793’21” WEST
173.78 FEET; THENCE SOUTH 77O06.39” WEST 7.06 FEET; THENCE NORTH 57Y3’21” WEST 4.00 FEET
TO A POINT BEING DESIGNATED AS P0INT“A”; THENCE CONTINUING NORTH 57’53’21” WEST
660.73 FEET TO A POINT OF TERMINATION, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-
WAY LINE OF PALOMAR OAKS WAY AS DEDICATED PER MAP NO. 11287, SAID POINT LIES DISTANT
THEREON 0.03 FEET FROM THE NORTHWEST TERMINUS OF THE RIGHT-OF-WAY LINE BEARING
NORTH 09”06’18 WEST. THE SIDELINES OF SAID EASEMENT SHALL TERMINATE AT THE SAID
EASTERLY RIGHT-OF-WAY.
~~~~ ~~ ~~~ ~~~~
PARCEL ‘B’
A STRIP OF LAND 20 FEET WIDE LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE
BEGINNING AT POINT “A” DESCRIBED ABOVE; THENCE SOUTH 32”06’39” WEST 10.00 FEET TO THE
BEGINNING OF A TANGENT 1012.50 FOOT RADIUS CURVE CONCAVE EASTERLY, THENCE ALONG
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32”06‘39” WEST 97.85 FEET TO THE
THE ARC OF SAID CURVE SOUTHERLY 3 1.54 FEET THROUGH A CENTRAL ANGLE OF OI”47’05” TO A
POINT BEING DESIGNATED AS POINT “B”; THENCE CONTINUING ALONG THE ARC OF SAID CURVE
DESIGNATED AS POINT “c“, THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY
SOUTHERLY 12.72 FEET THROUGH A CENTRAL ANGLE OF OO”43’1 I” TO A POINT BEING
22.47 FEET THROUGH A CENTRAL ANGLE OF 01°16’18”, THENCE TANGENT TO SAID CURVE SOUTH
28”20’05” WEST 16.12 FEET TO A POINT BEING DESIGNATED AS POINT “D”, THENCE CONTINUING
CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY 108.32 FEET
SOUTH 28”20’05” WEST 15.51 FEET TO THE BEGINNING OF A TANGENT 1012.50 FOOT RADIUS
THROUGH A CENTRAL ANGLE OF 06O07’47” TO A POINT BEING DESIGNATED AS POINT “F‘,
THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY 103.01 FEET THROUGH A
CENTRAL ANGLE OF 05O49’45”, THENCE LEAVING THE ARC OF SAID CURVE IN A NON-TANGENT
DIRECTION SOUTH 39”04’38 EAST 42.38 FEET; THENCE SOUTH 84”04’38 EAST 168.72 FEET TO A
POINT OF TERMINATION.
CMWD 97-259
PAGE 1 OF 2
-_ ..
976
PARCEL 'C'
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT PO1NT"B DESCRIBED ABOVE; THENCE SOUTH 59"40'26" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 59'40'26" EAST 30.77 FEET TO A POINT
OF TERMINATION.
PARCEL 'D'
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT"C" DESCRIBED ABOVE, THENCE NORTH 60023'37" WEST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 60"23'37" WEST 11.36 FEET TO A POINT
OF TERMINATION.
PARCEL 'E'
A STRIP OF LAND 20 FEET WIDE LYING IO FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
TRUE POINT OF BEGINNINGITHENCE CONTINUING NORTH 61"39'55" WEST 43.25 FEET TO A POINT
BEGINNING AT POINT "D DESCRIBED ABOVE; THENCE NORTH 61"39'55" WEST 10.00 FEET TO THE
BEING DESIGNATED AS P0INT"F THENCE CONTINUING NORTH 61"39'55" WEST 18.82 FEET TO A
POINT OF TERMINATION, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF WRIGHT
PLACE AS DEDICATED PER MAP NO. 11287.
PARCEL 'F'
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT P0INT"E DESCRIBED ABOVE THENCE SOUTH 67"45'31" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 67"45'3 I" EAST 30.56 FEET TO A POINT
OF TERMINATION.
PARCEL 'G'
A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINTT DESCRIBED ABOVE; THENCE NORTH 28"20'05" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 28"20'05" EAST 22.34 FEET TO A POINT
OF TERMINATION.
RCE 30836
Expires March 3 I, 2000
255\\un-ea%doc
AWW
CMWD 97-259
PAGE 2 OF 2
LOT LINE
ADJUSTMENT
PLAT NO. 504
PARCEL A
PRWOSW BUIWING
.... ....................
II
WAR 5 WAY , SI
... . . ..,., ~. .
D
980
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
</b , 19ZKfrom CORNERSTONE CORPORATION CENTRE, LLC, a California limited
liabilitv company to the Carlsbad Municipal Water District, Carisbad, California, pursuant to the
Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent
on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by
Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the
grantee consents to recordation thereof by its duly authorized officer.
CMWD 97-259
HA L~MIEAKRL~Z, Secretarv
KAREN R. YUNDT:
11/03/97 Rev.
RECORDING REQUESTED BY
Cornerstone Corporate Centre, LLC
,, , , AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
!’
GawRy J. %ITHI UXNTY REURDER 981 FEES: 0.00
Please record the document at no fee as it is to the
benefit of the District (Gov. Code [6103].)
I Space above this line for Recorder’s use.
ASSESSOR’S PARCEL NO. 212-091-14,15, & 16
PROJECT NO. & NAME: 97-259. Lots 7.8. & 11. PIP 97-04.
Carlsbad Airuorte Center at Wriaht Place. Cornerstone
Coruorate Centre. Carlsbad Tract 8146
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT AlTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this ”@ day of March , 19@, by Cornerstone Coruorate Centre.
LLC, a California limited liabilitv comuanv , owner of the land described and hereinafter referred to as “Owner,”
and First Bank & Trust. a California coruoration, present owner and holder of the deed of trust hereinafter described,
hereinafter referred to as “Beneficiary;”
WITNESSETH
THAT WHEREAS, Cornerstone Coruorate Centre. LLC. a California limited liabilitv comuanv did execute
a deed of trust, dated October 28.1997 to First Bank &Trust. a California coruoration
10/20/97 Rev.
982
as trustee, to secure a note in the sum of Six Million, Two Hundred Eiahtv Thousand Dollars f$6.280.000) dated
October 28.1997 in favor of First Bank & Trust. a California corooration recorded in the office of the County Recorder
of San Diego County on November 10.1997 as File No. 19974567270 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated
, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee." creating ANiTHE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A & "B
attached hereto; and
*
WHEREAS, Easement Grantee is willing to accept said EASEMENTlEASEMENTS provided the grant of
EASEMENnEASEMENTS 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/EASEMENTS created in favor of
Easement Grantee; and
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 EASEMENnEASEMENTS 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/EASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENT/EASEMENTS 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 EASEMENnEASEMENTS 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 EASEMENTlEASEMENTS in favor of Easement Grantee above
2 10/20/97 Rev.
983
referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and
EASEMENTIEASEMENTS 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 deciares, agrees and acknowledges that:
1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement
Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above
mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and
delivered, the EASEMENTIEASEMENTS ISIARE being created, and that specific monetary and other obligations are being
and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made
or entered into but for said reliance upon the subordination; and
Ill
Ill
Ill
111
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
111
111
3 10120197 Rev.
984
3. This agreement represents an endorsement to 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 EASEMENnEASEMENTS in favor of
Easement Grantee above referred to:
Execut d this b4 day of ./hak ,
1 !3&.
BENEFICIARY:
FIRST BANK B TRUST, a California corporation
By:
(authorized signature)
Executed this b kh day of rl\ fie&
1944.
OWNER:
CORNERSTONE CORPORATE CENTRE, LLC , a California c0rpOrationBy:Newport NationalICornerstone, LLC,
a California limited liability company, Asset Manager
ewport National Corporation, a California corporation,
Manager (authorized signature)
cott R. Brusseau I
(nahe')
Its: President
(title)
By:
(authorized signature) By:
(name) Jeffry Brusseau
(name)
Its:
(title) Its: Secretary
(title)
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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 AlTORNEYS WITH RESPECT THERETO.
Approved as to form:
RONALD R. BALL, General Counsel
By:
CMWD
10/20/97 Rev. 4
985
STATE OF CALIFORNIA 1
COUNTY OF
personally appeared
NAME@) OF SIGNER@)
8 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(9 whose
nameQ/)@are subscribed to the within instrument and acknowledged to me that hemey executed the same in
hislmtheir authorized capacitym, and that by hi@/their signature($) on the instrument the person($, or the entity
upon behalf of which the person(* acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
SIGNATURE
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 97-259
06/14/95 Rev.
986
On (mPkecL b , 19m before me, John R. Couvillion, Notary Public,
personally appeared S~~i-4 R. %~U~SF~U A& ~ESRU %a CALI
, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hishedtheir authorized capacity(ies), and that by hishedtheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. NOTUWPUBLK:” mmm. I1 158599
Signature I
987
WATER EASEMENT
EXHIBIT “A”
PARCELS A, B & C OF
LOT LINE ADJUSTMENT PLAT NO. 504
CARLSBAD, CALIFORNIA
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS A, BAND C OF LOT LINE ADJUSTMENT PLAT NO. 504, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAL FORNIA, FILED IN THE OFF1 E OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON / 3 ?/% AS FILE /W?-~~ZW
O.R., BEING MORE PARTICULARLY DESCRIBED AS F6LLOkS:
PARCEL ‘A’
A STRIP OF LAND 20 FEET WIDE LYING IO FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE ALONG THE EASTERLY
27.02 FEET; THENCE LEAVING SAID LOT LINE NORTH 57’33’21’’ WEST 56.12 FEET; THENCE NORTH
LOT LINE OF SAID PARCEL C SOUTH 05”24’38” EAST 256.00 FEET; THENCE SOUTH 28”20’05” WEST
32’06‘39” EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 57’53’21’’ WEST
173.78 FEET; THENCE SOUTH 77O06.39” WEST 7.06 FEET; THENCE NORTH 57’53’21’’ WEST 4.00 FEET
TO A POINT BEING DESIGNATED AS POINT “A”; THENCE CONTINUING NORTH 57’53’21’’ WEST
660.73 FEET TO A POINT OF TERMINATION, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-
THEREON 0.03 FEET FROM THE NORTHWEST TERMINUS OF THE RIGHT-OF-WAY LINE BEARING
WAY LINE OF PALOMAR OAKS WAY AS DEDICATED PER MAP NO. 11287, SAID POINT LIES DISTANT
NORTH 09”06’18 WEST. THE SIDELINES OF SAID EASEMENT SHALL TERMINATE AT THE SAID
EASTERLY RIGHT-OF-WAY.
PARCEL ‘B’
A STRIP OF LAND 20 FEET WIDE LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT “A” DESCRIBED ABOVE; THENCE SOUTH 32”06‘39” WEST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32O06.39” WEST 97.85 FEET TO THE
BEGINNING OF A TANGENT 1012.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG
THE ARC OF SAID CURVE SOUTHERLY 31.54 FEET THROUGH A CENTRAL ANGLE OF 01°47’05” TO A
POINT BEING DESIGNATED AS POINT “B, THENCE CONTINUING ALONG THE ARC OF SAID CURVE
DESIGNATED AS POINT “C”; THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY
SOUTHERLY 12.72 FEET THROUGH A CENTRAL ANGLE OF OO”43’1 I” TO A POINT BEING
22.47 FEET THROUGH A CENTRAL ANGLE OF 01°16’18; THENCE TANGENT TO SAID CURVE SOUTH
28”20’05” WEST 16.12 FEET TO A POINT BEING DESIGNATED AS POINT “D; THENCE CONTINUING
SOUTH 28”20’05” WEST 15.51 FEET TO THE BEGINNING OF A TANGENT 1012.50 FOOT RADIUS
CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY 108.32 FEET
THROUGH A CENTRAL ANGLE OF 06O07’47” TO A POINT BEING DESIGNATED AS POINT “E”;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY 103.01 FEET THROUGH A
CENTRAL ANGLE OF 05’49’45”; THENCE LEAVING THE ARC OF SAID CURVE IN A NON-TANGENT
DIRECTION SOUTH 39”04’38” EAST 42.38 FEET; THENCE SOUTH 84O04’38” EAST 168.72 FEET TO A
POINT OF TERMINATION.
CMWD 97-259
PAGE I OF 2
988
PARCEL ‘C’
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT “B DESCRIBED ABOVE; THENCE SOUTH 59”40’26” EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 59”40’26” EAST 30.77 FEET TO A POINT
OF TERMINATION.
PARCEL ‘D’
A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT “C” DESCRIBED ABOVE; THENCE NORTH 6043’37” WEST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 60”23’37” WEST 11.36 FEET TO A POINT
OF TERMINATION.
PARCEL ‘E’
A STRIP OF LAND 20 FEET WIDE LYING IO FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
TRUE POINT OF BEGINNING: THENCE CONTINUING NORTH 61”39’55” WEST 43.25 FEET TO A POINT
BEGINNING AT POINT“D DESCRIBED ABOVE THENCE NORTH 61‘39’55” WEST 10.00 FEETTO THE
BEING DESIGNATED AS POINT “F‘; THENCE CONTINUING NORTH 61”39’55” WEST 18.82 FEET TO A
POINT OF TERMINATION, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF WRIGHT
PLACE AS DEDICATED PER MAP NO. 11287.
PARCEL ‘F’
A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT “E” DESCRIBED ABOVE; THENCE SOUTH 67”45’3 I” EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 67”45’3 I” EAST 30.56 FEET TO A POINT
OF TERMINATION.
PARCEL ‘G’
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT “F” DESCRIBED ABOVE; THENCE NORTH 28”20’05” EAST 10.00 FEET TO THE
T- THENCE CONTINUING NORTH 28”20’05” EAST 22.34 FEET TO A POINT
OF TERMINATION.
RCE 30836
Expires March 31,2000
255lwtr-ess.dac
AWfi
CMWD 97-259
PAGE 2 OF 2
992 rnICIAL REaRDs
RECORDING REQUESTED BY s1w DIEGO CMWlY RECORDER'S WICE
Cornerstone Corporate Centre, LLC GEKW J. $HIM, wulpl REURDER FEES: 0.M
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
I
Please record the document at no fee as it is to the
benefit of the District (Gov. Code [6103].)
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 212-091-14.15 & 16
PROJECT NO. & NAME: 97-259. Lots 7.8. & 11. PIP 97-04,
Carlsbad Airport Center at Wright Place. Cornerstone
CorDorate Center
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT AlTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this Afay of , 19%, by CORNERSTONE CORPORATE
CENTER. LLC. a California limited liabilitv company. owner of the land described and hereinafter referred to as
"Owner," and FIRST BANK 8 TRUST. a California corporation, present owner and holder of the deed of trust
hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, CORNERSTONE CORPORATE CENTER. a California limited liabilitv companv
did execute a deed of trust, dated October 29, 1997 to FIRST BANK & TRUST. a California corporation
10/20/97 Rev.
993
.. as trustee, to secure a note in the sum of Six Million. Three Hundred Seventv Thousand Dollars
($6.370.000.00) dated October 29.1997 in favor of FIRST BANK &TRUST. a California comoration
recorded in the office of the County Recorder of San Diego County on November IO. 1997 as File No. 1997-0567272 of
Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated
<&kf , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement
Grantee," creating ANKHE EASEMENnEASEMENTS more particularly described in EXHIBIT/EXHIBITS "A" & "6"
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENTlEASEMENTS 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/EASEMENTS created in favor of
Easement Grantee: and
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 EASEMENnEASEMENTS 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 EASEMENnEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENTlEASEMENTS 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 EASEMENTlEASEMENTS above described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
2 10/20/97 Rev.
., 994
lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS 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
EASEMENTIEASEMENTS 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. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement
Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above
mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and
delivered, the EASEMENTIEASEMENTS ISIARE being created, and that specific monetary and other obligations are being
and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made
or entered into but for said reliance upon the subordination; and
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
3 10120197 Rev.
‘. . 995
3. This agreement represents an endorsement to 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 EASEMENTlEASEMENTS in favor of
Easement Grantee above referred to:
Executed this (P4 day of ,
1948.
BENEFICIARY:
FIRST BANK 8, TRUST, a California corporation
By:
(authorized signature)
(title)
df By:
(authorized signature)
(name)
Its:
(title)
Executed this b th day of V nU-k
19s.
OWNER:
Cornerstone Corporate Centre, a California limited
liability c0mpanyBy:Newport National/Cornerstone, LLC, a
California limited liability company, Asset Manager
ation,
Its: President
(title)
By:
6‘ qauthorized signature)
Jeffry Brusseau
(name)
Its: Secretary
(title)
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
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:
RONALD R. BALL, General Counsel
By:
CMWD 97-259
10/20/97 Rev. 4
On N\NL& 6 , 1948 before me, John R. Couvillion, Notary Public,
personally appeared SC&+ R. %ausswu Ad T&$nu Tawsse4u
, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
ishe subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. Comm. PI 158599 NOTARY PUBLIC. CALIFORNIA
SAN DIEGO CWN
Signature
'
,. 997
STATE OF CALIFORNIA 1
COUNTY OF OCaX, 4e
personally appeared NAME@) OF SIGNER(S)
Kpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose
name@)@are subscribed to the within, instrument and acknowledged to me that he-ey executed the same in
hieheir authorized capacitym. and that by hieheir signature($ on the instrument the person($, or the entity
upon behalf of which the person(# acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF WTARY I (This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
CMWD 97-259
06/14/95 Rev.
.
998
WATER EASEMENT
EXHIBIT “A”
PARCELS A, B & C OF
LOT LINE ADJUSTMENT PLAT NO. 504
CARLSBAD, CALIFORNIA
LEGAL DESCRIF’TION
BEING A PORTION OF PARCELS A, B AND C OF LOT LINE ADJUSTMENT PLAT NO. 504, IN THE CITY
COUNTY RECORDER OF SAN DIEGO COUNTY
PARCEL ‘A’
A STRIP OF LAND 20 FEET WIDE LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE ALONG THE EASTERLY
27.02 FEET; THENCE LEAVING SAID LOT LINE NORTH 57”53’21” WEST 56.12 FEET; THENCE NORTH
LOT LINE OF SAID PARCEL C SOUTH OS”24’38” EAST 256.00 FEET; THENCE SOUTH 28°20’05” WEST
32O06’39” EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 5793’21’’ WEST
TO A POINT BEING DESIGNATED AS POINT “A”; THENCE CONTINUING NORTH 57’53’21’’ WEST
173.78 FEET; THENCE SOUTH 77’06’39” WEST 7.06 FEET; THENCE NORTH 57”53’21” WEST 4.00 FEET
660.73 FEET TO A POINT OF TERMINATION, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-
THEREON 0.03 FEET FROM THE NORTHWEST TERMINUS OF THE RIGHT-OF-WAY LINE BEARING
WAY LINE OF PALOMAR OAKS WAY AS DEDICATED PER MAP NO. 11287, SAID POINT LIES DISTANT
NORTH 09”06’18” WEST. THE SIDELINES OF SAID EASEMENT SHALL TERMINATE AT THE SAID
EASTERLY RIGHT-OF-WAY.
PARCEL ‘B’
A STRIP OF LAND 20 FEET WIDE LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT “A” DESCRIBED ABOVE; THENCE SOUTH 32O06.39” WEST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32O06.39” WEST 97.85 FEET TO THE
BEGINNING OF A TANGENT 1012.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG
THE ARC OF SAID CURVE SOUTHERLY 3 1.54 FEET THROUGH A CENTRAL ANGLE OF 0 l”47’05” TO A
POINT BEING DESIGNATED AS POINT “B; THENCE CONTINUING ALONG THE ARC OF SAID CURVE
SOUTHERLY 12.72 FEET THROUGH A CENTRAL ANGLE OF OO”43’11” TO A POINT BEING
22.47 FEET THROUGH A CENTRAL ANGLE OF OIo16‘ 18”; THENCE TANGENT TO SAID CURVE SOUTH
DESIGNATED AS P0INT“C”; THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY
28”20’05” WEST 16.12 FEET TO A POINT BEING DESIGNATED AS POINT “D”; THENCE CONTINUING
CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY 108.32 FEET
SOUTH 28”20’05” WEST 15.51 FEET TO THE BEGINNING OF A TANGENT 1012.50 FOOT RADIUS
THROUGH A CENTRAL ANGLE OF 06’07’47” TO A POINT BEING DESIGNATED AS POINT “E”;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY 103.01 FEET THROUGH A
CENTRAL ANGLE OF 05‘49’45”; THENCE LEAVING THE ARC OF SAID CURVE IN A NON-TANGENT
DIRECTION SOUTH 39”04’38” EAST 42.38 FEET; THENCE SOUTH 84’04’38” EAST 168.72 FEET TO A
POINT OF TERMINATION.
CMWD 97-259
PAGE 1 OF 2
999
.. 1 PARCEL 'C'
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT "B DESCRIBED ABOVE; THENCE SOUTH 59"40'26" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 59"40'26" EAST 30.77 FEET TO A POINT
OF TERMINATION.
PARCEL 'D'
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT P0INT"C" DESCRIBED ABOVE; THENCE NORTH 60"23'37" WEST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 60"23'37" WEST 1 I .36 FEET TO A POINT
OF TERMINATION.
PARCEL 'E'
A STRIP OF LAND 20 FEET WIDE LYING IO FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT P0INT"D DESCRIBED ABOVE: THENCE NORTH 61"39'55" WEST 10.00 FEET TO THE
TRUE POINT OF BEGINNING: THENCE CONTINUING NORTH 61"39'55" WEST 43.25 FEET TO A POINT
BEING DESIGNATED AS POINT "F"; THENCE CONTINUING NORTH 61"39'55" WEST 18.82 FEET TO A
POINT OF TERMINATION, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF WRIGHT
PLACE AS DEDICATED PER MAP NO. 11287.
PARCEL 'F'
A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT POINT "E" DESCRIBED ABOVE THENCE SOUTH 67"45'3 1" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 67"45'3 I" EAST 30.56 FEET TO A POINT
OF TERMINATION.
PARCEL 'G'
A STRIP OF LAND IO FEET WIDE LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE
BEGINNING AT POINT "F" DESCRIBED ABOVE THENCE NORTH 28020'05" EAST 10.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINI
OF TERMINATION.
RCE 30836
Expires March 3 I, 2000
ZSS\Wtr-eas.doc
AWfi
LJING NORTH 28"20'05" EAST 22.34 FEET TO A POINT
CMWD 97-259
PAGE 2 OF 2
. . . . . . . . . . .. . . . F
a-
n