HomeMy WebLinkAboutPD 293; LEDESMA, ALFONSO & LINDA; 88-338242; Easement-.I . . .e u' - Ord5Wo. .* Esc:,3w No.
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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
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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 -
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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. ._
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"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 !
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Erst American Title Insurance Company
A subsidby of The First American Financial Corporation
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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.
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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:
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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.
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COMPANY
D, BY
REVISION! DESCRIPTION
TITLE CO. REFERENCE DATE ORDERNO.
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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
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0 3 ~524 0 88 338
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk ) CITY OF CARLSBAD 1
1200 Elm Avenue )
Carlsbad, CA 92008 1
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Recorder's use. p.<
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SUBORDINATION AGREEMENT ".",' ' " L . *..<
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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.
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($ 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
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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
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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
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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
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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 -
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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
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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.
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NO;ARY PLla!.iC. CALI;ORNIA
Pli'NC!?AL OFF!CE IN
S.4k DIEGO COUNTY S 2
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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
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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.
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EXHIBIT "A". .I
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2. * " V- b530 0" ESMA, ALFONSO & I
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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.
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EXSIBIT IIB"