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HomeMy WebLinkAboutPD 293; LEDESMA, ALFONSO & LINDA; 88-338242; Easement-.I . . .e u' - Ord5Wo. .* Esc:,3w No. /1 Loan No. 0 ?2z,"i*, r.r. ........................ 3,,L* -__,, p.':",::'?:,., " :a . :r ' '. . *".. ' _,,, WHEN RECORD& MAIL TO: Clty of Carlsbad Clty Clerk RECORDING RE UESTED -BY AND 1200 Elm Avenue Carlsbad, CA 92008 u -520 0 .. fjfj - 33824 ...... 7 ' ,*.. *, .. i .. - .. ,. '. .... ., ....... . i.- ...... t:tz * ." " li :.:t 22 r-2z t -. L ir . c: : 2. f: ; : .; ., f f*<>! .... ...... k."i. ,.. ....... *" LIcr. . .". '.*i i ~ .~ .. . .- L SPACE ABOVE THIS LINE FOR RECORDER'S MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ............. ...... Computed on the consideration or value of propel ...... Computed on the consideration or value less lienr remaining at time of sale. Qa+ Signature of Declarant or Agent determining tax - ~~~~~ ~~~ ~~ ~ GRANT DEED APN 16 PD 29 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alfonso Ledesma and Linda Ledesma, husband and wife, as joint tenar hereby GRANT(S) to the City of Carlsbad, a municipal corporation, an eas for roadway and general utilities purposes over, under and across the real property in the City of Carlsbad County of San Diego , State of Californ See Exhibit "A: for legal description, all as shown on Exhibit "B" hereto. Dated *Iunwd /4,19 93 1 Iss. STATE OF CALIFOWIA COUNW OF Lfin oieq> On i before me, the undersigned, a Notary Public in and for said State, per- sonally appeared mi7 k&?Qi?R G<n<d . . I. ._ yt -! ... 4 i. Mea& "or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) .Ware subscribed to the WJNCIFAI. OFFICE IN within instrument and acknowledged to me that he/she/they executed SAY DIEGO COUNTY the same. (This area for official notarial ! 0 0 E8r.r -? 4 Erst American Title Insurance Company A subsidby of The First American Financial Corporation c ,+ -"P ". r"''3kl FOR,U.468 !X.g4CO PRESS 1"' -. I RiCdNGINEERING COMPANY I ;::!kxzz; f 3088 PI0 PIC0 DR. 0 SUITE 202 0 CARLSBAD, CA 92008 TELEPHONE 0 AREA CODE 619 0 729-4987 JOB NO. LEGALDESCRIPTION FOR: BY DATE JC PG 10-23-r 6069-L Road Easement Lot 165 CHK'D. I I I I An easement being a portion of Lot 165, of Map No. 10128, in City of Carlsbad, County of San Diego, State of California, : map on file in the Office of the County Recorder , of San D. County, described as follows: _., .. . I. COMMENCING at the intersection of Elm Avenue with Olympia D. as shown on said Map No. 10128; thence South 5°02'30't East a: the centerline of said Olympia Drive 102.85 feet; thence lea- said centerline South 84O57'30" West 28.00 feet to the TRUE Pl OF BEGINNING, said point being on the Easterly sideline of Lot 165; thence along said sideline North 5°0213011 West 3: feet to the beginning of a tangent 25.00 foot radius CI concave Westerly; thence Northerly along the arc of said CI through a central angle of 23°12'07", a distance of 10.12 fee a point of the arc of a non-tangent 36.00 foot radius CI concave Easterly, a radial line to said 36.00 foot radius c bears North 61°32'51" West; thence Southerly along the arc said curve through a central angle of 33"29'39", a .distanct 21.04 feet; thence North 84O57'30" East 2.00 feet to a poini the arc of a non-tangent 34.00 foot radius curve conc Easterly, a radial line to said point bears South 84°57'30" W thence Southerly along the arc of said curve through a cen angle of 18°00'10", a distance of 10.68 feet; thence Sf 23°021401t East 14.03 feet to the TRUE POINT OF BEGINNING. .I .. . . .. / /;->., /,d :. N D .c -:\:, ,' , ,* !p<-=;.;T.-.: , : ,,<, L ,:-,-I ,!. ~. ~.- '. \\ ii ;'. '1' :' ..' .;, ;j \i, If,. :"I. . ~ -I * -i( !.;$>.:;, /I /: . '":.;;.. #;>\:""=&;"; C.." ;:. T\< '2;; '_,, . 1 ,\'.c -:..i /*C> /".-, .*.. 1.. I I , i'. . j , _- .. : ~ , ... -. .., . (> "_ ' .. 1: , ,'I 2 ,I - !, . - .- -7.- .. I -...', .1 .J 1 ..A:.."; r ++"p-====p-, Le Pi+, ' y. c;. .. . .cz x w Q :-. g -7 L-. $ :='h ,< j/ 0 .:,$ ': , !*q COMPANY D, BY REVISION! DESCRIPTION TITLE CO. REFERENCE DATE ORDERNO. 1 I I I I I I .. 0 -d-b523 e 1. I t CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real proper conveyed by the deed or grant dated January 14, 1988 from Alf onso Ledesma and Linda Ledesma .......................... to the City of Carlsbad, California, a municipal corporati is hereby accepted by the City Council of the City of Carl California pursuant to resolution No. 88-215 , adopted on July 5, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: July 6, 1988 By : Ll.d&%&d@~ ALETHA L. RAUTENKRANZ, City s. yy ..+I ,.:, . h ,j C'. . . . , 0 3 ~524 0 88 338 ". , .. , .i - . . ,. _. . .. . - . ,/. :-A - . 1. ,. - . ,.. . .. .. .. . , ~ -. <A +.... ;j ii i "5 I .. ., rrl, ,& - iz i RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk ) CITY OF CARLSBAD 1 1200 Elm Avenue ) Carlsbad, CA 92008 1 ) i -5': . I - 1 " : .. .. .. f <,L>:"?. d r". " .; .- .-," . .. -. - ~~~~ ~ ~~~~~~ ~ ~~ ~ ~ ~~ Space above this line for Recorder's use. p.< l<_ e SUBORDINATION AGREEMENT ".",' ' " L . *..< .. ,. ~ s. '... "&<<' .. \x + <%.. kXL Id ~+, %,, ! ,.* -i / NOTICE: THIS SUBORDINATION AGREEUENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUHENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 2.k- day of flpy 1 98 % by Alfonso Ledesma and Linda E. Ledesma, Husband and Wife owner of the land hereinafter described and hereinafter re to as "Owner ,I( and Home Federal Savings E Loan Assoc., a Corpor' present owner and holder of the deed of trust and note h after described and hereinafter referred to as "Beneficiary WITNESSETH THAT WHEREAS, Alfonso Ledesma and Linda L. Ledesma did execute a deed of trust, dated June 20 9 19 - 8' Home Federal Savings E Loan Association as trustee, co the real property described on Exhibit "A" attached hereto to secure a note in the sum of e One Hundred Eiqhteen Thousand ( Two Hundred and 00/100 dollars. .7. . .. 0 -3 L525 0 .. ..- .. - ($ 118,200.00 >, dated June 20, 1984 , in fava1 Home Federal Savings and Loan Association recol June 28, 1984 , as Fi 1 e No. 84-242868 Official Records of said county; and WHEREAS, Owner has executed, OF is about to execute grantor, a grant of EASEMENT/EASEMENTS dated January 14, 1988 in favor of the City of Carlsbad as grantee herein referred tr "Easement Grantee," creating AN/THE EASEMENT/EASEMENTS I particularly described in EXHIBIT/EXHIBITS attached herc II 511 and WHEREAS, it is a condition precedent to obtaining EASEMENT/EASEMENTS that said grant of EASEMENT/EASEMENTS ai mentioned shall unconditionally be and remain at all timl charge upon the land hereinbefore described, prior and supe to the lien of charge of the deed of trust above mentioned; a WHEREAS, Easement Grantee is willing to accept EASEMENT/EASEMENTS provided the grant of EASEMENT/EASfMENTS charge upon the above described property prior and superio the lien or charge of the deed of trust above mentioned provided that Beneficiary will specifically and uncondition subordinate the lien or charge of the deed of trust a mentioned to the lien or charge of the EASEMENT/EASEMfNTS ere in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties he that Easement Grantee accept said EASEMENT/EASEMENTS 0 -d-~526 0 .,. . .e .. - Beneficiary is willing that the grant of EASEMENT/ EASEMEI shall, when recorded, constitute a charge upon said land which unconditionally prior and superior to the lien or charge of deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benef accruing to the parties hereto and other valuable considerati1 the receipt and sufficiency of which consideration is her1 acknowledged, ' and in order to induce Easement Grantee to accl said EASEMENT/EASEMfNTS above referred to, it is hereby declarl understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easem Grantee shall unconditionally be and remain at all times a cha on the property therein described, prior and superior to the 1 or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept s EASEMENT/EASEMENTS above described without this subordinat agreement. 3. That this agreement shall be the whole and o agreement with regard to the subordination of the lien or cha of the deed of trust above mentioned to the EASEMENT/EASEMENTS favor of Easement Grantee above referred to and shall supers and cancel, but only insofar as would affect the priority betw the deed of trust and EASEMENT/EASEMENTS hereinbefore speci cally described, any prior agreement as to such subordinat including, but not limited, those provisions, if any, contai I .. .. , . .. ? 0 3 L527 0 .. . in the deed of trust above mentioned, which provide f subordination of the lien or charge thereof to another in in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of EAS EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, quishes and subordinates the lien or charge of the deed of above mentioned to the EASEMENT/EASEMENTS in favor of Ea Grantee above referred to and understands that in reliance and in consideration of, this waiver, relinquishmer subordination of the grant of EASEMENT/ EASEMENTS is executed and delivered, the EASEMENT/EASEMENTS IS/ARE created, and that specific monetary and other obligatic being and will be entered into by the Easement Grantee, lenders and title insurance companies which would not be n entered into but for said reliance upon this v relinquishment and subordination; and 3. An indorsement has been placed upon the note secL the deed of trust above mentioned that said deed of trust this instrument been subordinated to the charge c '. .., . .- m u v - b528 e ,I EASEMENT/EASEMENTS in favor of Easement Grantee above re to. HOME FEDERAL SAVINGS AND LOAN ASSN, A CORP, BENEFICIARY A OWNER \a /" '* , I. . ~y\d&J~-F / . . . . . . . . . " S" c/7 7GG?%L4NT - -~~~ & $%"A -3" - AUTHORIZED SIGNER dl?. - id \G"iJ 1. w "Qx IT IS RECOMUENOEO THAT, PRIOR TO THE EXECUTIOW OF THIS su8a rrm /u;xmwuT, THE PARTIES CONSICBJ MFVH I~:EB~ I=:~UR~E) RESPECT THERETO - l STATE OF CALIFORNIA.3XN DIE30 1 ss. , 1 COUNTY OF (SEAL) 1 On mY 21 > 1988, before-me, the under- , 21 G signed Notary Public, personally appeared 4 z 0 Alfonso Udesma and Linda L Iedesma z_ c I (perSonally known to me) or (proved to me on the basis Of~atisfaCtOrY z, evidence) to be the person s whose name u subscribed to the within instrument and acknowledged that ~ e they executedthesame. ,'5 rm,w, M. i:~~Cc~~~~ NO;ARY PLla!.iC. CALI;ORNIA Pli'NC!?AL OFF!CE IN S.4k DIEGO COUNTY S 2 s % x L LA 4ib e SIGNATURE HOME- SAV-193 (7187) 1 , STATE OF CALIFORNIA COUNTY OF SAN DlEGO 1 s5 On JUNE 9, 1988 , before me, the undersigned, a Notary Public for said County and State, personally appeared personally known to me or proved to me on the basis of satis- factory evidence, to be an authorized signer of the corpora- ! tion that executed the within instrument, and to be the person who executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corp- 4 oration executed the same, pursuant to its by-laws, or a re- solution of its Board of Directors. Witness my hand and Official Seal June M. Conant A ~ LS 241 112/85) [SEAL) 1- "_ ~ gAp&fi,Ly 9 .?,+v?? OFFICIAL SEAL BARBARA J. VBES NOTARY FUKIC - CALIFO?W PR{Wn)kL OFFlCE 1% W DE60 CCWN i t.%-'~..wAvm%%%w%w? Uy bnmision ",E. he 24, !981 B I I 0 - u. b529 0 .- I The land Eferred'to herein is described as foUm: Lot 165 of CARLSBAD TRACT 74-4 (Quail Ridge) in the City of Carlsbad, in the Coun San Diego, State of California, according to Map thereof No. 10128, filed.in the of County Recorder'of San Diego County on June 25, 1981. * .. EXHIBIT "A". .I " """._" ~ ~ ." 2?F;8EJU.t&Y ,5 , 1 9 8 8 ..* ~ ..I . <* 2. * " V- b530 0" ESMA, ALFONSO & I L * . ... ,I i An easement being a portion of Lot 165, of Map No. 10128, in City of Car.lsbad, County of ,Sari Diego,. State of California, map on file in the Office of the County Recorder 1 .of San D County, described as follows: COMMENCING at the intersection. of Elm Avenue with Olympia D as shown on said Map No. 10128; thence South 5"02*30" East a the centerline of said Olympia Drive 102.85 feet: thence lea 1 said centerline South 84O57'30'' West 28.00 feet to.the TRUE P OF BEGINNING, said point being on the 'Easterly sideline of Lot 165; thence along said side'line North 5602'30" West 3: feet to the beginning of a tangent 25.00 foot radius CI concave Westerly; thence Northerly .along the arc of said CI through a central angle of 23O12'07", a distance of 10.12 fee a point of the arc of a'non-tangent 36.00 foot radius CI concaye Easterly, a-.'radial line to saia 36.00 foot radius c bears .North 61°32'51" West; thence Southerly along the..arc .; . said curve through a central angle of 33O29'39", a .distanct . 21.04 feet; thence North 84O57'30" East 2.00 feet to a poini the arc of a non-tangent 34.00 foot radius curve con( Easterly, a radial line to said point bears South 84O57'30" W t'hence Southerly along the arc'of said curve through a cen angle of 18°00'10", a distance of 10.68 feet: thence Sc 23°02'40" East 14.03 feet to the TRUE POINT OF BEGINNING. .I I ,I I i 9 i I 1 I ! / -. - .. -. . ... .. . . . ,I: i. )I: I. ' , ... : :I! I ! id.::{ .,1..; ,'.' ,, ' >.:.:. ; . . .. /.< - ." ,-. ~.~., . , ,,,x.---<-:: >.-,,;<; .; _I i. /" 0 L:*:- , i: 1 /. <.. , . ,. > ," .. . , .',>< ,',!%' .. .c 3 ?, EXSIBIT IIB"