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Home My WebLink AboutCMWD 93-502; CONTINENTAL RANCH, INC.; 1997-0594402; EasementI w , 1. * .. c RECORDING REQUESTED BY Continental Ranch, Inc. AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 f 788 I 1 !, . I, __ MAIL TAX STATEMENTS TO: ., ~~~~~~~~ ptid MOW 249 1997 H=BP PD OFFICIN RECORDS SkN DIEGO COUNTY RECORDER'S OFFICE 6REGORY J. S9ITHS COLlHTY RECORDER FEES : 0.00 OC : Hk ~ll~l~~l~ll~ll~ll~~~~~~l~~l~~ll~l~ll~~ EXEMPT "/" / Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 21 5-031 -05 Documentary transfer tax is $ 0.00 Project No. & Name 93-502, Rancho Carrillo Villaues, ( ) computed on full value of property conveyed, or Carlsbad Tract 93-04 ( ) 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. CITY OF CARLSBAD receipt of which is hereby acknowledged. /A-LFA- WILLIAM E. PLUMMER, District Engiber GRANT DEED OF WASTEWATER PIPELINE EASEMENT CONTINENTAL RANCH, INC., 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 02/11 /97 Rev. ;':. \ G L ; m \ .-----".w 'd v -. " 1 , ,> a .. r 789 0 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. Executed by the GRANTOR this 5a + day of +, GRANTOR: 19q. CONTINENTAL RANCH, INC., a Delaware corporation (name of grantor) By: -4 & (sign here) //e /-s, (title of signatory) By: (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: I VI (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 93-502 2 02/11 /97 Rev. I- c , ,' , . v- .e 790 0 J-11994 EXHIBIT "A" An easement being a portion of Fractional Section 24, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, described as follows: Beginning at a point on the Westerly line of Record of Survey No. 91 12 on file in the Office of the County Recorder of said San Diego County, said point being -the Southerly terminus of that course shown as North 02'38'00" West 5093.51 feet on said Record of Survey Map No. 91 12; thence North 02'38'00" West along said Westerly line 638.79 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line North 02'38'00" West 20.05 feet; thence leaving said line South 88'26'11 " East 20.05 feet; thence North 02"38'00" West 132.52 feet to the beginning of a non-tangent 145 1 .OO foot radius curve concave Northerly to which a radial line bears South 10'09'38" East; thence Easterly along the arc of said curve through a central angle of 00'59'49" a distance of 25.25 feet; thence South 02'38'00" East 137.88 feet; thence South 88'26'11 " East 78.94 feet; thence South 47'03'51 'I East 126.55 feet to a point on the Easterly line of Parcel 2 of that Certificate of Compliance recorded August 17, 1994 as Document No. 1994-0497667 of Official Records; thence along said Easterly line South 00'03'46'' East 41.02 feet; thence leaving said line North 47'03'51 " West 121.94 feet; thence North 66'46'12" West 65.1 4 feet; thence North 88'26'1 1 I' West 66.68 feet to the TRUE POINT OF BEGINNING. # 3 v3-97 jb/ll994.012 Page 1 of 1 CMWD 93-502 .r .. .. ,' 791 97 - EX"/T'B" PARCEL 2 CERTIFICATE OF COMPLIANCE REC. PARCEL ~ TRUE POINT OF BEGINNING PI!!] 1 763 PM J J 38 WESTERLY \ UNE POINT OF BEGINNING RICK ENGINEERING COMPANY CIVIL ENGINEERS~SURVNORS*PLANNERS LEGAL DESCRIPTION OF 5620 FRIARS ROAD, SAN DIEGO PU T TO ILLUSTRA TE CA. 92110-2596 PHONE: (619) 291-0707 PROJECT NUMBER8 I283 I DATE1 FEBRUARY 3, 1997 CMWD 93-502 SEWER EASEMENT * ., * .e 7Y i: 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated Julv 30, 1997, from CONTINENTAL RANCH, INC., 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: ]I-lo-q7 1.A-L ALETHA L. RAUTENKRANZ, City Clerk CMWD 93-502 1 1 /03/97 Rev. L * ‘* .e 193 ,. 3.C 0 STATE OF CALIFORNIA ’1 COUNTY OF .,cru/ hd.” G 4’ !ss’ On (&&~/fi /99 7 before me, /\,(&,(J(>J A ,- h!//dC /VO$&/ p&hL /- DATE ’ NAME AND MfLE OF OFFICP personally appeared , _. NAME(S) OF SIGNER(S) Personally known to me - w?---“-e to be the person( whose name P t..i @a+ subscribed to the within instrument and acknowledged to me that @/s$/tt$y executed the Same in@$r/th$r authorized capacity(ie ), and that by @+r/thbir signature( on the instrument the person ), or the entity upon behalf of ,/ $ d which the person ) acted, executed the instrument. f WITNESS my hand and official seal. /&F” - P (This area for official notary seal.) Title or Type of Document n’J,,p , ’! / //.A+ 3-2 -. 4 k- - Date of Document [,(+”( h.fi?!koA Signer(s) other than named above i ! Y No. of Pages < I CMWD 93-502 06/14/95 Rev. { I p '. ". i L.. '1 - !;,+& 'bar, cy -0 0 2 jQy 2 1 0. 'D 4. +.? t, L . 't, , ' , :. , , ,....,&&***r.9.>N:2 ._, !.I ,< -7.i . .; . Q: i, .... . ,TT,. 4 *I RECORDING REQUESTED BY Continental Ranch, Inc. AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the City (Gov. Code [6103]). 194 MioV 243 1997 B=19 Pn OFFICIAL RECORDS SilW DIEGO CDUNTY RECORDER’S OFFICE FEES: 0.00 GREGORY J. SflITHs COtlh‘TY RECORDER I ., ~llllllllllllllllllllll~~~~~~llllllllllIllllllllll~ SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSORS PARCEL NO. 215-031 -05 PROJECT NO. & NAME: 93-502, Rancho Carrillo Villaues, Carlsbad Tract 93-04 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 this (Fa day of 1997 ,by IY 7- CONTINENTAL RANCH, INC., a Delaware corporation (Trustor/Owner) hereinafter referred to as “Owner,” owner of the land and DMBlAEW LANDHOLDINGS ONE, LLC. an Arizona Limited (Beneficiary) liabilitv company , hereafter referred to as “Beneficiary”, present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, CONTINENTAL RANCH, INC.. a Delaware corporation did (Trustor) FIRST AMERICAN TITLE execute a deed trust, dated September 30 19 96, to INSURANCE COMPANY. a California corporation (Trustee) as trustee, covering an easement beinu a portion of Fractional Section 24, Township 12 South. Ranue 4 West, San Bernardino Meridian, in the Citv of Carlsbad. Countv of San Dieuo, State of California, more particularlv described in Exhibits “A” and “By’ , attached hereto and made a part hereof. (Brief Legal Description) Rev 6/26/95 5. I r-/ - .e 0 795 to secure a note in the sum of Two Million Dollars ($2.000,000:00 ) dated September 30.1996 , in favor of DMBlAEW LANDHOLDINGS ONE, LLC, an Arizona limited liabilitv companv (Date) (Beneficiary) recorded in the office of the County Recorder of San Dieuo County on September 30.1996, as File No. 1996- (County) (Date) (File No.) 0492687 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated .kh%3?5/??7 , in favor of the City of Carlsbad as grantee herein referred to as “Easement Grantee,” creating AN/THE EASEMENTlEASEMENTS more particularly described in EXHIBIT/EXHIBITS - “A” and “By’ 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 I?nd 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 EASEMENTlEASEMENTS above described without this subordination agreement. Rev 6/26/95 .e 796 0 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 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 to, 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. //I Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 111 Rev 6/26/95 .. - 197 0 3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust above mentioned and 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. Executed this & ' day of ,I9 T? -fi BENEFICIARY: Owner: DMBlAEW LANDHOLDINGS ONE, LLC, an Arizona CONTINENTAL RANCH, INC., a Delaware corporation limited liability company By LPB Residentlal, L.L.C., Member By DMB Associates, Inc., Manager (Name of Beneficiary) (Name of Owner) By: By: -4 & (sign here) 'B@d m . B~QOWU ?m./@ R. LoT&e (print name here) (print name here) -))RFs/~EN T, Am6 wi atss ~ Inc. &&-e PRES, auTin/EA/rEL mafz; (title and organization of signatory) (title and organization of signatory) By: By: (sign here) (sign here) (print name here) (print name here) (title and organization of signatory) (title and organization of signatory) Proper notarial acknowledgement of execution by BENEFICIARY and OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: CMWD 93-502 Rev 6/26/95 1. .. .e ?98 0 J-11994 EXHIBIT "A" An easement being a portion of Fractional Section 24, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, described as follows: Beginning at a point on the Westerly line of Record of Survey No. 91 12 on file in the Office of the County Recorder of said San Diego County, said point being the Southerly terminus of that course shown as North 02'38'00" West 5093.51 feet on said Record of Survey Map No. 91 12; thence North 02'38'00" West along said Westerly line 638.79 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line North 02'38'00" West 20.05 feet; thence leaving said line South 88'26'11" East 20.05 feet; thence North 02'38'00" West 132.52 feet to the beginning of a non-tangent 145 1 .OO foot radius curve concave Northerly to which a radial line bears South 1 0'09'38'' East; thence Easterly along the arc of said curve through a central angle of 00'59'49" a distance of 25.25 feet; thence South 02'38'00" East 137.88 feet; thence South 88'26'1 1 I' East 78.94 feet; thence South 47"03'51 " East 126.55 feet to a point on the Easterly line of Parcel 2 of that Certificate of Compliance recorded August 17,1994 as Document No. 1994-0497667 of Official Records; thence along said Easterly line South 00'03'46" East 41.02 feet; thence leaving said line North 47'03'51 " West 121.94 feet; thence North 66'46'1 2" West 65.1 4 feet; thence North 88'26'11" West 66.68 feet to the TRUE POINT OF BEGINNING. 3 */3-97 jblll994.012 Page 1 of 1 CMWD 93-502 ,A 799 &wiimT'"B" PARCEL 2 Doc, NO. 1994- 0497667 OR. PAr'lCEL OF BEGINNING i ?M 1753 ?M 1 I88 -WESTERLY \ UNE POINT OF BEGINNING .. RICK ENGlNEERlMG COMPANY CIVIL ENGINEERS-SUWVEYORS.PlANNERS 5620 FRIARS ROAD, $AN DIEGO CA. 92110-2596 PHONEl(619) 291-0707 I PROJECT NUMBER: I283 I I 1 DATES FEBRUARY 3. 1997 I PLA T TO ILLUSTRA TE LEGAL D€SCRlPTlON OF S€W€R HS€M€NT CMWD 93-502 1~ I '. I- -. ; 800 0 STATE OF CALIFORNIA 1 COUNTY OF 2 &W lss. 1 on c A!+/+~~;w before me, ~hm~. /ULu.e., AAO~W /&ha& NAME AND TITLE OF OFFICER personally appeared /A/. A. LOL NAME(S) OF SIGNER(S) )(personally known to me - OR - 0 (1) to be the personflwhose name ) i a e subscribed to the within instrument and acknowledged to me that he s elth y executed the same in @h+/tt$ir authorized capacity(i ), and that by &r/tt$ir signature ) on the instrument the person( , or the entity upon behalf of which the person$ acted, executed the instrument. tQf opc lk + (d P WITNESS my hand and official seal. ~~-caluoda (This area for official notary seal.) I Title or Type of Document Date of Document No. of Pages Signer(s) other than named above I ~~ CMWD 93-502 Rev 6/26/95 ~ :. .< .I ,c e i 301 #R/zod@ STATE OF- 1 )ss. e COUNTY OF /??#E/ dOf/r3 1 bBMWfl0, Mo*yz/ Pd/t=e On Ru4,!/Sf5 97 before me, ' DATE ' NAME AND TITLE OF OFFICER personally appeared "DPCd rn - BfOUJt7 k NAME(S) OF SIGNER(S) personally known to me - OR - 0 (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir 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. (This area for official notary seal.) * .e&.+ /wy Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 93-502 Rev 6/26/95