HomeMy WebLinkAboutPD 246; Pacific Center Associates; 89-29-347; Easementcit,"EtP,ri, ,RD NG REQUESTED BY
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 "
AND WYEN RECORDED MAIL TO
r C*ty Clerk -I CI ty of Carlsbad 1200 Elm Avenue Name
Street Carlsbad, CA 92008 Address
City & State L J
MAIL TAX STATEMENTS TO r 1
Name Fh cific Center Associates
Suite 205 Street 701 Palomar Airport Rd. Address
City& Carlsbad, CA 92009 State L J
NO Fa
SPACE ABOVE THIS LINE FOR RECORDER'S USE
QU4k PR 3.5.45
The undersigned grantor(s) declare(s):
Documentary transfer tax is " swnt Onlv .
( ) 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 marl , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ia
hereb GRANTS to the fitY of Carlsbad, a municipal corporation, an easement for General Uti1 ity and Access purposes over, under and across
the following described real property in the
County of San Diego , State of California.
See Exh Exhibit "A" consisting of 2 Pages, for legal description, incorporated herein and ibi t "B" for reference only (attached hereto).
Dated: 8md.L 3 /q Y9
PACIFIC CENTER ASSOCIATES, a California general partnership
BY: CARLSBAD PACIFIC CENTER ONE, LTD. , a California 1 imi ted partnership, General Partner
7/ By: Caliber Development, Inc. a Cal i forni a corporation its sole general partner
BY
BY
to me on the basis
(This area for official notarial seal)
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
2310 -_
STATE OF CALIFORNIA ' )
COUNTY OF SAN DIEGO
) ss.
On this 3& day of , in the year ]75??,
before me, a Notary Public in said State, personally
appeared Brent R. Covey, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person who
executed the within instrument as Vice President on behalf of
Caliber Development, Inc., the corporation therein named and
acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Carlsbad.Pacific Center One,.Ltd., a California limited partnership, the' limited partnership th.at executed the
within instrument, said partnership being known to me to be
one of the partners of Pacific Center Associates, the general partnership that,executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnerships also executed the same.
WITNESS my hand and official seal.
My Cwn. Exp. Oa. 23.1892
Notary Pu&!lic
I
b
!
2311
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO)
On this 3rd day of April, in the year 1989, before me,
a Notary Public in and for said State, personally appeared James R. Bosler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as Secretary on behalf of Caliber Development, Inc., the corporation therein named and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors, said corporation being known to me to be one of the partners of Carlsbad Pacific Center One, Ltd., a California limited partnership, the limited partnership that executed the within instrument, said partnership being known to me to be one of the partners of Pacific Center Asso- ciates, the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership also executed the same.
WITNESS my hand and official seal.
County and- State
._ -. ' . .. .,- , , 2312
EXHIBIT .A',
LEGAL DESCRIPTION
GENERAL UTILITY AND ACCESS EASEMENT
A PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT
ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 1310;
THENCE NORTH 89'26'41" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 2,
831.78 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA
ENCINAS; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 19'05'13" WEST,
49.34 FEET TO THE TRUE POINT OF BEGINNING.
THENCE NORTH 67'29'44" EAST, 6.45 FEET; THENCE SOUTH 89'26'41" EAST,
42.61 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING SOUTH 89'26'41" EAST, 161.29 FEET TO A POINT HEREAFTER
114.88 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE
CONTINUING SOUTH 89'26'41" EAST, 65.66 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 89'26'41" EAST, 39.46
FEET TO A POINT HEREAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING
SOUTH 89'26'41" EAST, 120.21 FEET TO A POINT HEREAFTER REFERRED TO AS
POINT "F"; THENCE CONTINUING SOUTH 89'26'41" EAST, 126.35 FEET; THENCE
NORTH OO"33'19" EAST, 10.00 FEET; THENCE NORTH 46'17'41" WEST, 97.44
FEET TO THE POINT OF TERMINATION.
REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 89'26'41" EAST,
ALSO; BEGINNING AT SAID POINT "A"; THENCE SOUTH 00'33'19" WEST, 25.00
FEET .
ALSO; A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET, MEASURED AT
RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT SAID POINT "B"; THENCE NORTH 0'0'33'19" EAST, 27.00 FEET.
ALSO; A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT
ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED
CENTERLINE:
ALSO; BEGINNING AT SAID POINT "C"; THENCE NORTH 00'33'19" EAST, 27.00 FEET .
ALSO; BEGINNING AT SAID POINT "D"; THENCE NORTH 00'33'19" EAST, 27.00 FEET.
2313
"
ALSO; BEGINNING AT SAID POINT "E"; THENCE SOUTH 00'33'19" WEST, 49.00
FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2, SAID POINT .BEING LOCATED 418.54 FEET, NORTH 89'26'41" WEST FROM THE POINT OF
BEGINNING.
ALSO; BEGINNING AT SAID POINT "F"; THENCE SOUTH 00'33'19" WEST, 26.50
FEET.
THE SIDELINES OF SAID STRIP TO BE LENGHTENED OR SHORTENED AT ANGLE
POINTS AND TO TERMINATE AT SAID RIGHT-OF-WAY.
PR 3.5.4s
JN6302
CMWD 85-C.131B
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated April 3, 1989
from Pacific Center Associates
to the City of Carlsbad, California, a municipal Corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 89-135 , adopted
on May 9, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
By :
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Elm Avenue
89 292388 -
-. 2316
Carl sbad, CA 92008 1
Space above this line for Recorder's use.
APN 210-100-08 210-100-09
PR 3.5.45/PD 246
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE
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 3rd day of April, 1989 by Center Associates owner
of the land hereinafter described and hereinafter referred to as "Owner," and City
National Bank, present owner and holder of the deed of trust and not hereinafter
described and hereinafter referred to as "Beneficiary";
WITNESSETH
THAT WHEREAS, Pacific Center Associates did execute a deed of trust, dated
December 21, 1987, to Safeco Title Insurance Company as trustee, covering a portion
of Lot "H" of Map No. 823, in the City of Carlsbad, to secure a note in the sum of
Five Million Five Hundred Thousand Dollars ($5,500,000.00) dated December 21, 1987
in favor of Pacific Center Associates, recorded December 31, 1987, as File No. 87-
715889 of Official Records of Said county; and
WHEREAS, Pacific Center Associates did execute, a deed of trust, dated
February 2, 1988, to Safeco Title Insurance Company, as trustee, covering a portion
of Lot "H" of Map No. 823, in the City of Carlsbad, to secure a note in the sum of
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2317
Five Million dollars ($5,000,000.00) dated February 2, 1988, in favor of Pacific
Center Associates, recorded February 17, 1988, as File No. 88-071796 of Official
Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of
EASEMENT dated April 3, 1989 in favor of the City of Carl sbad as grantee herein
referred to as "Easement Grantee," creating an EASEMENT more particularly described
in EXHIBITS A and B attached hereto; and
WHEREAS, it is a condition precedent to obtaining said EASEMENT that said
grant of EASEMENT above mentioned shall unconditionally be and remain at all times
a charge upon the land hereinbefore described, prior and superior to the lien of
charge of the deeds of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT provided the
grant of EASEMENT is a charge upon the above described property prior and superior
to the lien or charge of the deeds of trust above mentioned and provided that
Beneficiary will specifically and unconditionally subordinate the lien or charge of
the deeds of trust above mentioned to the 1 ien or charge of the EASEMENT created in
favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement
Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT
shall, when recorded, constitute a charge upon said land which is unconditionally
prior and superior to the lien or charge of the deeds 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 above referred to, it is hereby declared, understood and agreed
as fol 1 ows :
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2318
i
*
I 1. That said EASEMENT 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 deeds of trust above mentioned.
2. That Easement Grantee would not accept 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 deeds 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 subor-
dination 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. He consents to and approved the grant of EASEMENT in favor of the Ease-
ment Grantee.
2. He intentionally and unconditionally waives, relinquishes and subor-
dinates the lien or charge of the deeds of trust above mentioned to the EASEMENT in
favor of Easement Grantee above referred to and understands that in re1 iance upon,
and in consideration of, this waiver, relinquishment and subordination of the grant
of EASEMENT is being executed and del ivered, the EASEMENT is 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 waiver, relinquishment and subordi-
nation; and
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2319
3. An endorsement has been placed upon the notes secured by the deeds of
trust above mentioned that said deeds of trust has by this instrument been subor-
dinated to the charge of the EASEMENT in favor of Easement Grantee above referred
to.
BENEFICIARY OWNER
PACIFIC CENTER ASSOCIATESy a
California general partnership
By: CARLSBAD PACIFIC CENTER ONE, LTD., a
California limited partnership, General Partner W By: Caliber Development, Inc., a
California corporation, its sole general partner
By: &zA? F-9 4 Brent R. Covey
Its Vice President
By :
1 Secretary I
’ IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENTy
* THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
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Corporation Acknowledgment
STATE OF CALIFORNIA
San niecn COUNTY OF
Onthis 31st dayof May , in theyear 1988, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared John D. M. Haves and
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the Vice President, and ------- Secretary of the corporation
therein named, and acknowledged to me that such corporation executed it.
1 ss. 2320
"-""""
WITNESS my hand and official seal.
I Notary Public in and for said County and State
FT4
I:
Notary Seal 1
89 On this the 3rdday of 19- before me,
Tracev Cuthbert
the undersigned Notary Public, personally appeared
James R. Bosler
l% personally known to me
0 proved to me on the basis of satisfactory evidence
named, and acknowledged to me that the corporation executed it.
WlTNESS my hand and official seal.
2321
STATE OF CALIFORNIA ' )
COUNTY OF SAN DIEGO )
) ss.
On this //&day of htP;/ , in the year /q8?, before me, a Notary Public in an for said State, personally
appeared Brent R. Covey, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Vice President on behalf of Caliber Development, Inc., the corporation therein named and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Carlsbad Pacific Center One,,Ltd., a California
limited partnership, the- limited partnership that executed the
within instrument, said partnership being known to me to be
one of the partners of Pacific Center Associates, the general
partnership that ,executed the within instrument, and acknowledged
to me that such corporation executed the same as such partLer
and that such partnerships also executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL TRACEY UJTHBERT Notary PuWiifomia SAN DIEGO COUNTY r Notary Public
2322
EXBIBIT .AD
LEGAL DESCRIPTION
GENERAL UTILITY AND ACCESS EASEHEN"
A PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT
ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
COHHENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 1310;
THENCE NORTH 89"26'41" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 2,
831.78 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA
49.34 FEET TO THE TRUE POINT OF BEGINNING.
ENCINAS; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 19"05'13" WEST,
THENCE NORTH 67"29'44" EAST, 6.45 FEET; THENCE SOUTH 89'26'41" EAST,
42.61 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING SOUTH 89'26'41" EAST, 161.29 FEET TO A POINT HEREAFTER
114.88 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE
CONTINUING SOUTH 89O26'41" EAST, 65.66 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 89'26'41" EAST, 39.46
FEET TO A POINT HEREAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING
SOUTH 89"26'41" EAST, 120.21 FEET TO A POINT HEREAFTER REFERRED TO AS
POINT "F"; THENCE CONTINUING SOUTH 89"26'41" EAST, 126.35 FEET; THENCE
NORTH OO"33'19" EAST, 10.00 FEET; THENCE NORTH 46"17'41" WEST, 97.44
FEET TO THE POINT OF TERHINATION.
REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 89'26'41" EAST,
ALSO; BEGINNING AT SAID POINT "A"; THENCE SOUTH OO"33'19" WEST, 25.00
FEET.
ALSO; A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET, MEASURED AT
RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT SAID POINT "B"; THENCE NORTH 0'0'33'19" EAST, 27.00 FEET.
ALSO; A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT
ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED
CENTERLINE:
ALSO; BEGINNING AT SAID POINT "C"; THENCE NORTH OO"33'19" EAST, 27.00
FEET.
ALSO; BEGINNING AT SAID POINT "D"; THENCE NORTH OO"33'19" EAST, 27.00
FEET.
..
2323
ALSQ; BEGINNING AT SAID POINT "E"; THENCE SOUTH 00'33'19" WEST, 49.00
BEING LOCATED 418.54 FEET, NORTH 89'26'41" WEST FROM THE POINT OF
BEGINNING.
FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2, SAID POINT
ALSO; BEGINNING AT SAID POINT "F"; THENCE SOUTH 00'33'19'' WEST, 26.50
FEET.
THE SIDELINES OF SAID STRIP TO BE LENGHTENED OR SHORTENED AT ANGLE
POINTS AND TO TERMINATE AT SAID RIGHT-OF-WAY.
?I? 3.5.45
JN6302
CMWD 85-C.131B
e h 9