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HomeMy WebLinkAboutCT 90-13; VanVooren, Paul & Carol; 1999-0224321; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT On before me, (here insert name and ' le of the officer), personally appeared E?"/ h!4,1/ K.xC.GPV personally known to me (omto me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/+e subscribed to the within instrument and acknowledged to me that he@?e$hey executed the same in hiQhehtheir on the instrument the person(s), or the e4 uponiehalf authorized capacity(ies). and that by h@he thelr slgnature(s) of which the person(s) acted, executed the instrument. Dca, fl#d 5JlilV~77" ._ .. , Name: Paul Van Vooren (Type or Print) Title: Husband (Type or Print) By: - hh ( ignature) Name: Carol Van Vooren (Type or Print) " WITNESS my hand wddlicial seal. Title: Wife Signature: ASTERSIFORMSIGRANT DEED FORM CALiFORNlA ALL-PURPOSE ACKNOWLEDGMENT 0 personally known to ma evidence to be the person(pI whose nameM Warn subscribed to the within instrument and a&-ed to me that RelsheEthsJ executed the same in Mhsf/ttwi? authorked capacity(bs). and that by (liO/herM signaeae(Sf0n the instrument the person(sf; or the entity upon behaif of whiih the person(q acted, executed the instrument ppmved to me on the basis of satisfactwy EXHIBIT "A" 2147 LEGAL DESCRIPTION PR3.4.349 AN EASEMENT FOR PUBLIC ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF MAP NO. 10558, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 6,1983; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 86"24'21" WEST (NORTH 88'01'06" WEST PER MAP 10558), 22.70 FEET TO A POINT ON THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO GREEN VALLEY PARTNERS, RECORDED SEPTEMBER 5, 1990 AS FILE NO. 90-482935 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 70°47'14" EAST, 59.1 1 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT ON THE ARC OF A NON- TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 47'12'32" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40"14'18", A DISTANCE OF 49.16 FEET TO WEST; THENCE NON-TANGENT TO SAID CURVE, SOUTH 06O42'47" WEST, 35.66 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED GREEN VALLEY PARTNERS' LAND, THENCE ALONG SAID NORTHERLY LINE, NORTH 70"47'14" WEST, 40.99 FEET TO THE TRUE POINT OF BEGINNING. A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 06'58'14" CONTAINING 851 SQUARE FEET OF LAND. A.P.N.: 208-040-02 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. &/" . MASSON. R.C.E. 17706 EXPIdS: 06-30-2001 December 8,1998 P.N. 98-072 E " i P' A EXHIBIT '0' SCALE: 1"-50' '\ POR JION Lor \ MAP 823 0 50 100 APN 253-040-04 I I I I I I ,"- t- -"" I BASIS OF BEARINGS' mR. OF OF EL CllMlNO REAL AS SHOWN ON ROAO SURVEY hb. 1800- I SnEEr 35, i. e. td 60~25'46~ w NO. 70.00' ' 66.38' A =54°19'53" (2) 70.00" 49.16' As 40'/4'IB (I] R, L MARING A- 27'557'10' 24.39' 50.00" MASSON & ASSOCIATES, INC. PLANNING - tNGIIEIIIYG - SUIVEYING 200 E- WASHINGTON AM. SUITE 200 v ESCONOIDO * CA 92025-1816 PLAT TO ACCOMPANY LEGAL OESCRIPTfON FAX 741-1706 PR 3.4.349 II-2S-28 OAT€ Y . ” ’. 0 ’. I. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated December 23, 1998, from Paul Van Vooren and Carol Van Vooren, husband and wife as joint tenants, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 1,1999 .. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 WHEREAS, Owner has executed, or is about to execute, as grantor, a .grant of EASEMENT dated 12-33- 98, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee" creating AN EASEMENT more particularly described in EXHIBIT A attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided the grant of EASEMENT is a charge upon the above describe charge of the deed of trust ab unconditionally subordi or charge of the recordc lien or hereto hereby above referr be and remain at lien or charge of the d 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 2 I MBsteMam61SubxdinDtlOn AplTrurt Dad Hdh Rev 12R4lsl P 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. We consent to and approve the grant of EASEMENT in favor of the Ill Ill Ill Ill Ill 3 3. This Agreement represents an endorsement to the note secured by the deed Df 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 f3 I ~TFM b&R ,19_ea. 9PPROVED AS TO FORM: RONALD R. BALL c 4 Fa”, lmml 21 55 f On 2/4/99 before me. CANDICE HERCHENHAHN (Date) (Name, Tie of mcerj , personally known to me -OR - * (proved to me on fhe basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized mpadty(ies), and that by hislherltheir signature@) on the instwment the person@), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offiaal seal )L/hdwh& Signature of Notaty (This area for . official notary seal) Title or Type of Document Date of Document Signer(s) other than named above State of California 1 County of San Diego 1 1 21 56 On \:id@ beforeme, &!Mt%fi S'n/wE./f (Name, Title of Officer) 5 Fa". lZRIta7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 pproved to me on the basis of satisfactory 0 personally known to me evidence to be the personM whose narnem islafe subscribed to the within instrument and the same in Wherltkeir authorized acknowledged to me that Relsheltkey executed capacity-), and that by kiSlherlW signalwe(eon the instrument the person(sr: or the entity upon behalf of which the person(q acted, executed the instrument. OPTIONAL Though the information baiow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: CapacityQes) Claimed by Signer 0 Individual Signer's Name: 0 Corporate Officer -Title@): Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: EXHIBIT "A" LEGAL DESCRIPTION PR3.4.349 2158 AN EASEMENT FOR PUBLIC ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF MAP NO. 10558, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 6,1983; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 86'24'21" WEST (NORTH 88"01'06" WEST PER MAP l0558), 22.70 FEET TO A POINT ON THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO GREEN VALLEY PARTNERS, RECORDED SEPTEMBER 5, 1990 AS FILE NO. 90-482935 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 70"47'14" EAST, 59.11 TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 47'12'32" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40'14'1 8", A DISTANCE OF 49.16 FEET TO FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT ON THE ARC OF A NON- A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 06'58'14" WEST; THENCE NON-TANGENT TO SAID CURVE, SOUTH 06"42'47" WEST, 35.66 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED GREEN VALLEY PARTNERS' LAND; THENCE ALONG SAID NORTHERLY LINE, NORTH 70"47'14" WEST, 40.99 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 851 SQUARE FEET OF LAND. A.P.N.: 208-040-02 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. &L . MASSON, R.C.E. 17706 EXPIRfS: 06-30-2001 December 8, 1998 P.N. 98-072