HomeMy WebLinkAboutCMWD 88-602; KELLY LAND COMPANY; 1998-0023824; Easementw j!j ;=g $-3
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RECORDING REQUESTED BY
Kelly Land Company
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record this document at no fee
as it is to the benefit of the City (Gov.
Code [6103]).
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (X) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
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Assessor's Parcel No. 207-020-32.33 - 208-020-30.34
Project No. 81 Name 88-602. Kellv Ranch,
207-01 0-1 2,15
Cannon Road Proiect
CITY OF CARLSBAD
&A zpd!
WILLIAM E. PLUMMER, District Engineer
GRANT DEED OF WASTEWATER PIPELINE EASEMENT
~~~~~ ~~~ ~~
KELLY LAND COMPANY, a Delaware corporation
does hereby grant to City of Carlsbad, a Municipal Corporation, 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 wastewater, 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 wastewater
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 not limited to, erosion control facilities, fences, gates, doors, locking
1 10/20/97 Rev.
Q b,yy c -e-
w 76 W
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 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. -47
Execu ed by the GRANTOR this& day of /%d1/,
19%3
GRANTOR:
KELLY LAND COMPANY, a Delaware corporation
(sign herej" h?? Y4E-5 /DGw- (title of signatory)
By: /&Q&
b\&" GdL%L (sign here)
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that
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. BALL
CMWD 88-602
2 10/20/97 Rev.
w 77 w
LEG/12242LEG.E, 10/6/97 SH/MW/BS
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
20 FOOT WIDE SEWR EASEMENT
APNs 207-010-12 AND 15,
207-020-32 AND 33,
208-020-30 AND 34
ALL THAT PORTION OF LOT 'I I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823
FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
AS DESCRIBED IN DOCUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS FILE PAGE NO. 83317, RECORDED MAY 10, 1965, SERIES 6,
BOOK 1965, OFFICIAL RECORD, DESCRIBED AS FOLLOWS:
BEING A 20.00 FOOT WIDE EASEMENT CONTIGUOUS WITH AND ADJACENT TO THE SOUTH-
ERLY SIDELINES AS DESCRIBED IN EASEMENT NUMBER TWO OF ABOVE SAID DOCUMENT
AND AS SHOWN ON ATTACHED EXHIBIT "Br' FOR ILLUSTRATION PURPOSES.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE SOUTHEASTERLY LINE
OF THE EASEMENT FOR ROAD, UTILITY, AND INCIDENTAL PURPOSE PER DOCUMENT
RECORDED APRIL 20, 1967 AS FILE NO. 54628 OF OFFICIAL RECORDS AND LYING
EASTERLY OF THE WESTERLY LINE OF THE EASEMENT FOR PUBLIC STREET AND PUBLIC
UTILITY PURPOSES GRANTED PER DOCUMENT RECORDED JANUARY 7, 1997 AS DOCUMENT
NO. 1997-0006397 OF OFFICIAL RECORDS.
SEE PLAT ATTACHED HERETO MARKED EXHIBIT "B" AND BY THIS REFERENCE THERETO
MADE A PART HEREOF.
&/37
D-GH DATE PLS 5127
EXPIRES 6/30/99
PAGE 1 OF 1
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CANNON ROAD GRANTED PER
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701 B SlREET SEER EASEMENT
SAN DIEGO, CA 92121 PH:(619) 235-6471
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OF RE 8.3317 O.R.
OF EASEMENT
SEbW? EASEMENT
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SEER EASEMENT PROSCT DESIW CONSUL TAN 7s
EXHIBIT *B"
701 B SlREET
SAN DIEGO, CA 92121 PH:(619) 235-6471
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UNE I DlREC llON I DISTANCE Ll S8026'28"E 331.07'
L2 N81'45'32"E 626.39'
L3 N26'06'32"E 635.8 7'
L4 N8523'50"E ~50.00~
S43'4 7'06 "E 280.00 '
N50-26'45 "E 350.18'
PER DOC. 83317 U.R.
EASEMENT GRANTED HEREON
WESTTRLY UNE OF SlREET EASEMENT PER DOC. 1997-0006397 U.R.
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SAN DIEM, CA 92121 PH: (619) 235-6471
EXHIBJT "B" ~~
SEKR EASEMENT
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
-40. , 19ETfrom KELLY LAND COMPANY, a Delaware corooration
to the City of Carlsbad, a political corporation and/or governmental agency, is hereby accepted by the
undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred
by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee
consents to recordation thereof by its duly authorized officer.
DATED: 1- 12- qb
ALETHA L. RAUTENKRANZ, City Clerk 1
CMWD 88-602
1 1 /03/97 Rev.
.IL
\ I.
W 84 W
STATE OF CALIFORNIA 1
COUNTY 0
On //-A9 - 93 before me, LEEN ANNE F&kE>/
DATE NAME AND TITLE OF OFFICER
On //-A9 - 93 before me, LEEN ANNE F&kE>/
DATE NAME AND TITLE OF OFFICER
personally appeared ,8. L. &-& /zIEN3 sf Lpd r f16D!biJ/? y
1 NAME@) OF SIGNER@)
personally known to me - OR - ” po be the person(s) whose name(s)
&/are subscribed to the within instrument and acknowledged to me that melthey executed the same in -histikr/their
authorized capacity(ies), and that bykisHterltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
r 1
WITNESS my hand and official seal.
/
(This area for official notary seal.)
Title or Type of Document 4Ld /-.
Date of Document 0-93 No. of Pages 2
Signer(s) other than named above
CMWD 88-602
06/14/95 Rev.
T h w 85 "" e j; -="a 8: " @ 7 g.$g~J~$ETzp~~~ k$ g-; gm3 if & ,< =$SA! $J!gzddz"
I" 1 7 & g%%-j 4 *- "2 B ay i LC3 5 xviqq - '2. -12 z f-37 p"9:' I;i
RECORDING REQUESTED BY
Kelly Land Company
AND WHEN RECORDED, PLEASE
MAIL TO
City Clerk City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
GFFTCIfiL REml!S c5:j u.ill rT-F* J-,-,? C&r+l -I I~r" y RECURD&:'$ lIFF'IE
GW&KY 3. S#ITH5 ##-pi 6:ECgpJEg
F'EI : 6.03
1lllllllllllllllllIllllllI~~~~~~~~~llllllllllllllllRlllllll~
Please record the document at no fee
as it is to the benefit of the City (Gov.
Code [6 1 031 .)
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 208-020-34
PROJECT NO. 8 NAME: 88-602. Kellv Ranch,
Cannon Road Proiect
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO (AN) EASEMENT 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 thido day of /$'bu. ,1997, by KELLY LAND COMPANY, a
Delaware corporation, owner of the land described and hereinafter referred to as "Owner," and KELLY FAMILY
INVESTMENT LIMITED PARTNERSHIP, a California limited partnership, present owner and holder of the deed of trust
hereinafter described, hereinafter referred-to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, KELLY LAND COMPANY, a Delaware corDoration did execute a deed of trust, dated
September 27, 1996 to CHICAGO TITLE COMPANY, a California corporation
10/20/97 Rev.
0 86 m
as trustee, to secure a note in the sum of Six Hundred Eiclhtv Thousand Dollars
1$680,000.00) dated September 27, 1996 in favor of KELLY FAMILY INVESTMENT LIMITED PARTNERSHIP, a
California limited Dartnership recorded in the office of the County Recorder of San Diego County on September 27,
1996 as File No. 1996-0490002 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTlEASEMENTS dated
'7hJ '2%) I 1% 7 in favor of the City of Carlsbad as grantee, hereinafter referred to as "Easement Grantee," creating
AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A &B" attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of
EASEMENT/EASEMENTS 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 EASEMENT/EASEMENTS shall, when recorded,
constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement
Grantee to accept said EASEMENTIEASEMENTS 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 EASEMENTIEASEMENTS 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/EASEMENTS in favor of Easement Grantee above
10/20/97 Rev.
e 87
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
111
Ill
Ill
111
Ill
Ill
111
Ill
111
111
Ill
111
111
111
10/20/97 Rev.
a m
88
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:
Executed this is day of DJ&/?'lk& fl-) , Executed this xd day of /I/ou:
19 @I . 1997.
BENEFICIARY:
KELLY FAMILY INVESTMENT LIMITED
OL>
KELLY LAND OMPANY, a Delaware corporation
By:
(authorized signature) (authorized signature)
RILIIIL' e. [<€Lo/ 0.L * Ax-mEm5
(name) (name)
> Its: 6 efi ey-q i E,?-. eil- 1//cLs &e5 -
(title) K&&< 9d /y
By:
(authorized signature) K&-ther i u? e ;.'~/"i - iwILl , ._ ,Y
52 - ,sx93G-/-Hk Y
(name) (name)
? Its: c ->en, e G/' CL
7
(title) (title)
Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
SIGN A CORPORATE EXECUTION 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.
IF SIGNED BY AN INDIVIDUAL PARTNER, THE PARTNERSHIP MUST Al7ACH A STATEMENT OF PARTNERSHIP
AUTHORIZING THE PARTNER TO EXECUTE THIS INSTRUMENT.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERFTO.
Approved as to form:
CMWD 88-602
10/20/97 Rev.
h.
0 89 e
LEG/12242LEG.DOC, 10/6/97 SH/MW/BS
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
20 FOOT WIDE SEWER EASEMENT
APNs 207-010-12 AND 15,
207-020-32 AND 33,
208-020-30 AND 34
ALL THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823
FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
AS DESCRIBED IN DOCUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SAN
DIEGO COUNTY AS FILE PAGE NO. 83317, RECORDED MAY 10, 1965, SERIES 6,
BOOK 1965, OFFICIAL RECORD, DESCRIBED AS FOLLOWS:
BEING A 20.00 FOOT WIDE EASEMENT CONTIGUOUS WITH AND ADJACENT TO THE SOUTH-
ERLY SIDELINES AS DESCRIBED IN EASEMENT NUMBER TWO OF ABOVE SAID DOCUMENT
AND AS SHOWN ON ATTACHED EXHIBIT "B" FOR ILLUSTRATION PURPOSES.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE SOUTHEASTERLY LINE
OF THE EASEMENT FOR ROAD, UTILITY, AND INCIDENTAL PURPOSE PER DOCUMENT
RECORDED APRIL 20, 1967 AS FILE NO. 54628 OF OFFICIAL RECORDS AND LYING
EASTERLY OF THE WESTERLY LINE OF THE EASEMENT FOR PUBLIC STREET AND PUBLIC
UTILITY PURPOSES GRANTED PER DOCUMENT RECORDED JANUARY 7, 1997 AS DOCUMENT
NO. 1997-0006397 OF OFFICIAL RECORDS.
SEE PLAT ATTACHED HERETO MARKED EXHIBIT "Btr AND BY THIS REFERENCE THERETO
MADE A PART HEREOF.
/0/1./37
D-HALGH DATE
PLS 5127
EXPIRES 6/30/99
0 *$.. LAAND %&k & @ GRE€& ("t. %%
* Exp. q5+3 No. 5127 *
9 "' OF C A[\@
PAGE 1 OF 1
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PREPARED BF
PROECT DESIGN CONSUL TAN Ts
EXHIBI J "B*
SAN DIEGO, CA 92128 PH:(619) 235-6471
SEMI? EASEMENT 701 B STREET
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OF EASEMENT
SEKR EASEMENT
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SEE SHEET 5 REGlSTRAl7ON EXPlRES 6/30/99
PREPARED BE
PROECT DESIGN CONSUL TANTS
701 B SREET
SAN DIEGO, CA 92121 PH: (619) 235-6471 I
EXHJBJ T "B"
SEKR EASEMENT
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701 B SlREET
SAN OIEGO, CA 92121 PH:(619) 235-6471
I EXHIBIT *B" -~ .. .". . - I
SEMR EASEMENT
1317CMW4.DWG 9im4w5
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UNE I DlREC &'ON I DISTANCE LI S8026'28"E 331.07'
l.2 N81.45'32 "E 626.39'
L3 N26V6'32"E 635.87'
L4 N8S 23'5O"E 250.00'
S43'4 7'06 "E 280.00'
S58'57'40"E 131.88'
S142l'OO"W 325.78' SEWR EASEMENT PER DOC. 83317 O.R.
WSTERLY LINE OF STREET EASEMENT PER DOC. 1997-0066397 O.R.
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REGISRA TION EXPIRES 6/30/99
PREPARED BE
PROJECT DESIGN COMSUL TAN Ts
701 B SlREET
SAN DIEGO, CA 92121 PH:(619) 235-6471
EXHIBIT "B"
SEER EASEMENT
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1317CMW5.DWG sHEL-T5w5
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STATE OF CALIFORNIA 1 )ss.
COUNTY OF ///3 J
On ,//-2o "-77 before me, /&7/fLcEfl /&Ne k.&k / c LfW DATE NAME AND TITLE OF OFFICER
personally appeared fl. L - c&5k??gN5 $' 5&) 77- &fzd/?zVLkf / Y
NAME(S) OF SIGNER@)
personally known to me - OR - " u to be the person(s) whose name(s)
+&re subscribed to the within instrument and acknowledged to me that"she/they executed the same iw/their
authorized capacity(ies), and that by l-tkfkdtheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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Comm. #I 01 8928
WITNESS my hand and official seal. OTAW f'UBLlC - CALIFORNIA
G254A/f SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document L L5z&d
Date of Document /Y-20 w 97 No. of Pages /k/ I Signer(s) other than named above
I
CMWD 88-602
06/14/95 Rev.
*. ’ w .! * 96
W
STATE OF CALIFORNIA - 1
COUNTYOF fh,n n/”?5D J rss.
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On 13 -1SCi7 DATE before me, ”IN, .YBULh, uh@g/ hbiiC J NAME AND TIT OF OFFICER s
personally appeared 4.J !qn n, &U 1-i;. + ,do+~&j~~ ~1 b 1 /& f
personally known to me - e)R - ‘Goved to me on the basis of satisfactory evidenc4to be the persop(s 3 whose namd
is/are subscribed to the within instrument and acknowledged to me that y$h /the executed the same i
authorized capacit (ie ’, and that by @/ heir ignatcd on the instrument gr s (s) or the entity upon behalf of
ci NAME(S) OF SIGNER(S)
/ 0 Q c 4
which the persod(sracted, executed the instrument. u-
WITNESS my hand and official seal.
Q(?[ & /,T ;j &a&,,(
SIGN-ATUREYF NOTARY L
(This area for official notary seal.)
Title or Type of Document 5 16Wd /no, ?LI on &4QtRdrtc
Date of Document ?&>v c%.>f??. 16fi-7 io. of Pages 4
Signer(s) other than named above
I
CMWD 88-602
06/14/95 Rev.
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