HomeMy WebLinkAbout; CARLSBAD I; 1996-0426826; EasementF *
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22-AUG-199ei ll=12 an
RECORDING REQUESTED
WHEN RECORDED, MAIL BY AND
TO :
CITY CLERK.
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008-1989
OFFICI4L RECURDS
GREGORY S!ITE! 5 COOKTY RECORDER 13 $0 SRW GIEM COUHT! RECORDER'S GFFICE
& : 21.00 FEES: 55.00 AF : 33.03
!IF: 1.00
I @ Space above this line for Recorder's Use Only
APN 215-020-01
APN 215-020-15
GRANT OF EASEMENT
(Access, Ingress and Egress)
THIS GRANT OF EASEMENT is made as of May 3, 1996 by and
between CARLSBAD I, a California general partnership (or any
successor owner of the Carlsbad I Property, as defined below,
IICarlsbad Ill), and the CITY OF CARLSBAD, a municipal corporation
( lICityll) .
RECITALS:
A. Carlsbad I is the owner of that certain real property in the City of Carlsbad, County of San Diego, State of California (the "Carlsbad I Property"), legally described in the attached Exhibit "A" and depicted in the attached Exhibit "A-1".
B. City is the owner of that certain real property in the City of Carlsbad, County of San Diego, State of California (the
!!City Property"), legally described in the attached Exhibit rrB1r and
depicted in the attached Exhibit I1B-ll1.
C. La Terraza Associates, a California limited partnership ("La Terraza") , has ground leased the City Property pursuant to that certain Ground Lease dated October 28, 1994, by and between the City, as lessor, and La Terraza, as lessee (the "Ground Lease") . Pursuant to the Ground Lease, La Terraza is developing an affordable housing project on the City Property (the "La Terraza Pro j ect I' ) .
D. A plat showing the geographical relationship of the
aforementioned properties {the "Plat") is attached hereto as Exhibit lIC1l.
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E. As a condition to the development of a residential
. housing project on' the Carlsbad I Property (the "Carlsbad Projectff) I the City has required the construction of a recreational vehicle storage area (the "R.V. Site") and recreation facilities
adjacent thereto (the "Recreation Area") , on a portion of the Carlsbad I Property, as identified on the Plat. The parties hereto
desire in this Grant of Easement to grant a non-exclusive easement
for access, ingress and egress to the R.V. Site over the City
Property and grant a temporary construction easement for the
construction of the R.V. Site and Recreation Area (collectively,
the "Site Imp-ovementsI1) .
NOW, THEREFORE, incorporating the foregoing recitals of fact
and in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. Grant of Easement. For valuable consideration, receipt
of which is hereby acknowledged, the City hereby grants to Carlsbad
I a non-exclusive easement for pedestrian and vehicular access,
ingress and egress (lfEasement") in the location legally described
in the attached Exhibit IID" and depicted in the attached Exhibit
aD-lll (the "Easement Area") .
2. Use of Easement. Carlsbad I shall be entitled to begin
using the Easement after fifteen (15) days prior written notice
from Carlsbad I to City and La Terraza of the completion of
construction of the Site Improvements. The use of the Easement shall be subject to the terms and provisions of that certain
Recreational Vehicle Storage Agreement of even date herewith (the "R.V. Agreement") and the property management agreement attached as an exhibit to the R.V. Agreement, which provide among other things,
that the Easement may be terminated in the event of a default under the property management agreement or the R.V. Agreement.
3. Temporaw Construction Easement. City hereby grants to
Carlsbad I, effective upon at least fifteen (15) days' written
notice prior to commencement of construction of the Site
Improvements, an easement for temporary construction purposes over
and across portions of the City Property as reasonably necessary
for the construction of the Site Improvements. Carlsbad I shall
use reasonable efforts to minimize interference with the La Terazza
Project caused by the construction of the Site Improvements, shall
cause the construction area to be kept in a safe and clean manner
and shall limit the hours of construction from 7:OO a.m. to 5:OO
p.m. on Mondays through Fridays as more fully set forth in the R.V. Agreement. Upon completion of the Site Improvements, or the
expiration of one .hundred twenty (120) days from the commencement
of construction, whichever first occurs, the foregoing temporary construction easement shall automatically terminate without further
notice or the need €or any instrument to be recorded by the parties
hereto.
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4. Maintenance of Easement Area. The City agrees to maintain, or cause to maintain the Easement Area as an improved paved road.
5. Character of Easement. The Easement granted herein is
appurtenant to and for the benefit of the Carlsbad I Property and
is a burden upon the City Property. The Easement shall in no way
be construed as an easement in gross to Carlsbad I or to any other
person or entity. Nothing contained herein shall be cons'trued to
be a gift or a dedication of any portion of the City Property to
the general public or for any public purpose whatsoever.
6. Insurance. On or before Carlsbad I begins to use the
Easement, Carlsbad I shall, at its expense, maintain public
liability insurance in an amount not less than Two Million Dollars
($2,000,000.00) over the Easement Area, and shall name City,
La Terraza and the holder of the first deed of trust on the City
Property (".First Mortgagee"), as additional insureds thereon. Such policy shall provide that not less than thirty (30) days written
notice shall be given to City, La Terraza and First Mortgagee prior to the cancellation of such policy. Upon request by any additional insured, Carlsbad I shall provide a certificate of insurance evidencing the insurance coverage required herein.
7. Indemnity. Carlsbad I shall indemnify, defend and hold City, La Terraza, Eirst Mortgagee and any successors-in-interest to the La Terraza Project harmless from and against all claims, damages and costs (including but not limited to those arising out of any injury or death to any person or persons or damage to any property of any kind whatsoever and to whomsoever belonging, including City, La Terraza, First Mortgagee and any successors-in-
interest, and including attorneys' fees) arising out of or in
connection with the use by Carlsbad I and its permitted invitees of
the Easement; except to the extent caused by the gross negligence, willful misconduct, fraudulent or criminal acts of City, La
Terraza, First Mortgagee or their successors, or their respective agents, contractors, employees or invitees.
8. Default. Any default by Carlsbad I in the performance of the terms of this Grant of Easement shall constitute a default hereunder, and City and La Terraza shall have the rights and remedies afforded them pursuant to the terms of Article 5 of the R.V. Agreement.
9. Bindins Covenants, Successors. The grants, covenants, conditions and restrictions contained herein shall bind and inure to the benefit of Carlsbad I and its respective heirs, personal representatives, successors, assigns and any and all successive owners of the Carlsbad I Property, shall create mutual, equitable
servitudes upon the City Property, and shall, as to the owner of any portion of the City Property, its successors and assigns,
operate as covenants running with the land for the benefit of the
Carlsbad I Property.,
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10. Modifications. This Grant of Easement may not be amended or otherwise modified, except by an agreement in writing signed by all parties hereto. No such amendments or modifications shall have
any force and effect whatsoever unless and until they are written and executed in such a manner.
11. Recordation of Easement. This Grant of Easement shall be recorded in the Office of the Recorder of the County of San Diego
and shall serve as notice to all successive owners of the City
Property that such property shall be restricted in the manner
herein described.
IN WITNESS WHEREOF, the parties have executed this Grant of Easement as of the day and year first above written.
CARLSBAD I, a
Califormeneral partnership
BY - *%lJ-
Its: AW~~C epgTQm
By :
Its:
”.
p/96 Ilcitylf
APPROVED AS TO FORM:
.A s
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STATE OF CALIFORNIA ) 1 COUNTY OF SAN DI EGO )
On August 20, 1996 , before me, Karen R. Kundtz, Assistant
City Clerk, personally appeared Claude A. Lewis, Mayor """"""""""""""""""""- , personally known to me (er-preved-
~~~te-ort"te-Bit4i-4-e~-~it*/f~ae~61~y-etti~~ to be the person @) whose namefsj
is/a- subscribed to the within instrument and acknowledged to me that
he/shefthey-executed the same in his/bepf*keiv authorized capaci tyefe3), and that
by his/&{-#-signature(+) on the instrument the personb), or the entity upon
behalf of which the personfsj acted, executed the instrument.
Witness my hand and official seal
[ s w. )
1. a 0 6385
STATE OF CALIFORNIA 1
COUNTY OF L&G /)-7yyi& ; ss-
On @/?-y w! /y?L , befgeme, *.F\c'emw - jfhtCD -1 personally appeared a#& i f)S-TIMzefzf) -
personally known to me (or proved to me on the basis of s'atisfac" tory evidence) to be the person(s) whose name (s) is/- subscribed
to the within instrument and acknowledged to me that he/-/-
executed the same in his/"ir authorized capacity(&) , and
that by his/keur/m signature (s) on the instrument the person&)
or the entity upon behalf of which the person(& acted, executed
the instrument.
Witness my hand and official seal.
Notary L Public la-LLqo
STATE OF CALIFORNIA )
/- ) ss. COUNTY OF
personal3y On 4 appea ed , before //' me / / I
COUNTY OF
personal3y On 4 appea ed , before //' me / / I / / /
fficial seal.
J SEAL] / 1
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' EXHIBIT "An
LEGAL DESCRIPTION OF CARLSBAD I PROPERTY
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING :TO THE OFFICIAL PLAT THEREOF, AND BEING MORE PARTICULARLY DES- CRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 23, AS SHOWN
ON'RECORD OF SURVEY MAP NO. 6269, FILED IN THE OFFICE OF T'HE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1963; THENCE
EAST, 1171.08 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER: THENCE ALONG THE BOUNDARY OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AS FOLLOWS:
NORTH 89-54'45" EAST, 1348.31 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE.SOUTHWEST QUARTER; AND NORTH
00-00'22" WEST, 1169.91 FEET TO THE NORTHERLY LINE OF SAID SECTION 23; THENCE ALONG SAID NORTHERLY LINE SOUTH 89-57'43'' ,
WEST, 1348.24 FEET TO THE POINT OF BEGINNING.
ALONG THE WESTERLY LINE OF SAID SECTION 23, SOUTH 00-00'11"
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EXHIBIT "A"
TO GRANT OF EASEMENT
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EXHIBIT " B "
JJEGAL DESCRIPTION OF CITY PROPERTY
That portion of parcel 2, in the City of Carlsbad, County of San Diego, State of
California, as shown at page I 188 of Parcel Maps filed in the Office of the County
Recorder of San Diego County, December 2 1, 1972, lying Westerly of the Northwesterly
boundary of that part of County Road Survey No. 1800-1 ( Known as El Camino Real )
as described in Parcel 68373-a in deed to the County of San Diego, recorded July 24,
1970 as File 130797 .
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EXHIBIT "B"
TO GRANT OF EASEMENT
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EXHIBIT "D"
LEGAL DESCRIFIION OF EASEMENT
All that portion OP Parael 2 of Parcel. Map 1188, reaorded: December
20, 1972, as File No. 340334 of Official Records being within the City of Carlabad, County of Snn Dfego, State of California, being more particularly deecribed as follows: ..
el &.
A 24-00 foot wid8 eaoement, the-aenterline being more particularly descrribed as followsr
. Baginning at the txoutheaslt aorner of the above described Parael 2: thenoe weeterly along the southerly line of said Parcel 2, North
89'32'21ft Wetat, 794.47 feet (Record: North 09'3210111 West, PM
1188) ; thence lsaviny said southerly line, North 0'27'39'' East,
30.00 feet, to the northerly right-of-way line of Cassia Road and the TRUE POXNT OF BEGINNING; thence North 0.27'39" East, 239.31 feet, to the beginning of a tangent 300.00 foot radius curve, oonuava westerly, thence northerly along the arc of said curve, through ~l aentrcrl. angle of 43'131003tI an aru distanoe of 226.28 feat: thence tangent to said aurve, North 42'45'21" West, 115.35 feet, to the bayinning of a tangent 200.00 Foot radius curve, uonaave aouthwseterly, thence northwesterly along the arc of said aurve, through a central angle of 46'40t4G", an arc distance of
162.94 feet1 thence North 39*26'07tt West, 246.71) feet, to an interseation with the westerly line of' the above described Parcel
2.
"The side lines of said 24.00 foot easement tu be prolonged and/or shortened to form a aontinuoua 24 .OO foot wide strip, from the hortherly right-of-way line of Cassia Rood to the West line of said Parcel 2,
d
EXHIBIT "D" *
TO GRANT OF EASEMENT
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CONSENT AND SUBORDINATION
GREAT WESTERN BANK, A FEDERAL SAVINGS BANK, as the beneficiary
under (i) that certain Deed of Trust, Assignment of Rents and Fixture Filing dated April 29, 1996, recorded May 3, 1996, as Document No. 1996-0225796 in the Official Records of San Diego County, California with La Terraza Associates, a California Limited
Partnership, as Trustor ("Leasehold Deed of Trust") , (ii) that
certain Deed of Trust, Assignment of Rents and Fixture Filing dated
April 29, 1996, recorded May 3, 1996, as Document No. 1996-0225797
in the Official Records of San Diego County, California with La
Terraza Associates, a California limited partnership, as Trustor (the "AHP Deed of Trust1[) , and (iii) that certain Third Party Deed of Trust , Assignment of Rents and Fixture Filing dated April 29, 1996, recorded May 3, 1996, as Document No. 1996-0225798 in the Official Records of San Diego County, California with the City of Carlsbad, a municipal corporation, as Trustor ("Fee Deed of Trust") , (the Leasehold Deed of Trust, AHP Deed of Trust and Fee Deed of Trust shall be collectively referred to herein as "Deed of Trust") , and as the holder of a Promissory Note or Notes secured
thereby :
Does hereby consent to the execution and recordation of that
certain Grant of Easement (Access, Ingress and Egress) attached
hereto, and hereby covenants and agrees that said Deed of Trust, as
the same may have been amended of record, shall be and the same is hereby made subject and subordinate to the Grant of Easement, with the same force and effect as if the Grant of Easement had been
executed, delivered and recorded prior to the execution, delivery and recordation of said Deed of Trust.
This Consent and Subordination shall become effective upon
recordation in the Official Records of San Diego County, California
and shall be binding upon the undersigned, its successors and assigns.
IN WITNESS WHEREOF, this Consent and Subordination has been
duly executed by the undersigned this 10th day of May, 1996.
GREAT WESTERN BANK, A
FEDERAL SAVINGS BANK
By Its: : J&4@ALk.k5 Vice,&resldent
By : u;\,wk%i . i:qq ~ \,GL~ lid
Its: Assistant Secretary \
f:\apv\agm\villas\consent.sub
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5 0 e 1391
State of California
County of Alameda I
On May 10, 1996 before me, Olsa Oelschlaesel personally
appeared Terry R. Scarlett and Theresa M. Vasquez personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities and that by their signature(s) on the instrument the
persons, or the entity upon behalf of which the persons acted,
executed the instrument.
WITNESS my hand and official seal.
f:\apv\agrn\villas\consent.sub
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CONSENT AND SUBOF!DINATION
LA TERRAZA ASSOCXATES, a California limited partnership, as
the ground tenant under that certain Ground Lease dated October 28,
1994, by and between the City of Carlsbad, as lessor, and La Terraza, as lessee (the "Ground Lease") , as evidenced by that
certain Memorandum of Lease dated October 28, 1994, and recorded on
November 4, 1994, as Instrument No. 0645097, Official Records of
San Diego County, California:
Does hereby consent to the execution and recordation of the Grant of Easement (Access, Ingress and Egress) attached hereto, and covenants and agrees that said Ground Lease, as the same may have been amended of record, shall be, and the same is hereby made subject and subordinate to the Grant of Easement, with the same force and effect as if said Grant of Easement has been executed, delivered and recorded prior to the execution and delivery of said Ground Lease and the recordation of the Memorandum of Lease evidencing said Ground Lease.
This Consent and Subordination shall become effective upon
recordation in the Official Records of San Diego County, California
and shall be binding upon the undersigned, its successors and
assigns.
IN WITNESS WHEREOF, this Consent and Subordination has been
duly executed by the undersigned this 2\*3 day of
1996. +I
LA TERRAZA ASSOCIATES, a California
limited partnership
By: BRID.GE HOUSING CORPORATION, a
California non profit public benefit corporation, its managing neral partner
By : dfqM& '.
Its: ?WSIhdPd
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STATE OF CALIFORNIA 1
COUNTY OF Shfl w&"?cis@ ) ) ss.
4396
On Md$ J/ 1996, beforeme, L~O~KJMA J Ch
Notary Public, ersonally appeared-/,&VM &?&-- 3 - " h personally kn.own to me (%--me m- " -
sd~-w to be the personw whose name (& is- subscribed to the within instrument and acknowledged to me that he/she/* executed the same in &&sfher/% authorized capacitym , and that by &&'her/- signaturew) on the instrument the personw or the entity upon behalf of which the
personw) acted, executed the instrument.
Witness my hand and official seal.
~ < A
Notary Pyiblpc I\ u U
STATE OF CALIFORNIA 1
COUNTY OF 1 ) ss.
On 6, before me, Notary Public, pers
[SEAL]