HomeMy WebLinkAboutPR 2.2.5; REAL ESTATE COLLATERAL MANAGEMENT CO.; 1997-0119323; Easement, - ~r-iECORDINGREQUES~Y
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UTHENRECORDEDMklLTO UFFICIAL RECGRDS
SAN DIEGO Cl!ilMTf' RECOfirDER'S BFFICE GREGDRY Sf?IfH r CDUHTj' RECORDER FEES: 0. r:#
Carlsbad, CA 92008- 1989 HP,
ATTN: City Clerk
GRANT DEED OF TEMPORARY EASEMENT
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FOR A VALUABLZ CONSIDERATION, receipt of which is hereby acknowledged,
Real Estate COW Management Company, a DeIaware corporation ("Grantor"),
hereby GRANTS to
City of Carlsbad, a municipal corporation of the State of California ("Grantee"),
a temporary easement exclusively for operation and maintenance of an interim public fire station fkcility, togethc
with reasonable ingress adegress thereto over that certain real property in the City of Carlsbad, State of Californi;
as more particularly desc@xd on Exhibit "A" hereto ("Legal Description"), and as shown on Exhibit "B" herd
("Plat Diagram''). Said temporary easement is expressly subject to, and its scope and duration are controlled b:
that certain 1988 Fire Statidn Agreement dated October 14,1988, by and between the City of Carlsbad and B.C.1 Mopmeat, Inc., as amkded by that certain First Amendment to 1988 Fie Station Agreement dated Decemb
18, 1989, by and between 'the City of Carlsbad and Fieldstoneb Costa Associates Limited Partnership.
EXHIBITS "A" and "B" are attached hereto and by this reference incorporated herein.
Dated: I/- 27 - 967 REAL ESTATE COLLATEXAL MANAGE=
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ACKNOWLEDGMENT
1 a;o 7
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 1 ss.
On 11/27/96 , before me,Vivian Mae Walters, personally appeared James pi- Jackson and Spiro Go Kailas
personallv known: to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within igstrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the pbrson(s), or the entity upon behalf of which the person(s) acted,! executed the instrument.
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WITNESS my hand and official seal.
V&$k* e '8
Notary Public in and for said - -
County and Stat'e
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,
[SEAL]
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16061
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A" (TEMPORARY FIRE STATION EASEMENT)
BEING A PORTION OF LOT 249 OF LA COSTA VALE UNIT NO. 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY ON OCTOBER 18,1972, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF LEVANTE STREET AND
CENTELLA STREET AS SHOWN AND DEDICATED ON SAID MAP NO. 7457, SAlD
POINT BEING ON THE ARC OF A 2000.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26'00'00"
EAST; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID LEVANTE
STREET AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
05'00'00" A DISTANCE OF 174.53 FEET; THENCE LEAVING SAID CENTERLINE
SOUTH 31'00'00" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING SAID
POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LEVANTE
STREET AS SHOWN AND DEDICATED ON SAID MAP NO. 7457; THENCE ALONG
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, NORTH 59'00'00" EAST 84.28
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 29'48'48l EAST,
49.55 FEET; THENCE SOUTH 30'46'55" EAST, 41.05 FEET; THENCE SOUTH
31'46'32" EAST, 33.29 FEET; THENCE SOUTH 52'49'56" WEST, 52.30 FEET;
THENCE SOUTH 63'54'10" WEST, 64.50 FEET; THENCE NORTH 30'08'18" WEST,
44.67 FEET; THENCE NORTH 29'00'59'' WEST, 46.74 FEET; THENCE NORTH
39'04'37" WEST, 33.25 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-
WAY LINE OF SAID LEVANTE STREET SAID POINT BEING THE BEGINNING OF A
PAGE 1 OF 3
:DA M:\LEGALS\1859\07\1859AOI .DOC
WO 1894-2 1111 9/96
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L GO$ NON-TANGENT 2030.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 30'00'34 EAST; THENCE
NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'59'26'' A
DISTANCE OF 35.10 FEET TO THE TRUE POINT OF BEGINNING.
.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.336 ACRE
MORE OR LESS.
PARCEL ''B" (TEMPORARY SLOPE EASEMENT)
BEING A PORTION OF LOT 249 OF LA COSTA VALE UNIT NO. ,I, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY ON OCTOBER 18, 1972, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE ALONG
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LEVANTE STREET AS
SHOWN AND DEDICATED ON SAID MAP NO. 7457, NORTH 59'00'00" EAST, 52.63
FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE; SOUTH 31'00'00" EAST,
5.66 FEET; THENCE SOUTH 54'47'22" WEST, 38.68 FEET; THENCE SOUTH
27'12'59" EAST, 42.09 FEET; THENCE SOUTH 32'01'14" EAST, 39.70 FEET;
THENCE SOUTH 26'10'38 EAST, 42.28 FEET; THENCE SOUTH 60"42'00" WEST,
61.26 FEET; THENCE SOUTH 59'45'35" WEST, 71.64 FEET; THENCE NORTH
28'57'30" WEST, 58.67 FEET; THENCE NORTH 27'27'07" WEST, 40.74 FEET;
THENCE NORTH 30'1 0'10" WEST, 30.56 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LEVANT€ STREET; THENCE
LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 39'04'37" EAST,
33.25 FEET; THENCE SOUTH 29'00'59" EAST, 46.74 FEET; THENCE SOUTH
30'08'18'' EAST, 44.67 FEET; THENCE NORTH 63'54'10" EAST, 64.50 FEET;
PAGE 2 OF 3
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1610
THENCE NORTH 52'49'56" EAST, 52.30 FEET; THENCE NORTH 31'46'32'' WEST,
33.29 FEET; THENCE NORTH 30'46'55" WEST, 41.05 FEET; THENCE NORTH
29'48'48'' WEST, 49.55 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.071 ACRE
MORE OR LESS.
q= k/,!L9h- N- 20 - pd
/ JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3 :DA M:\LEGALS\I 859\07\1859AOI .DOC
WO 1894-2 1 1 I1 9/96
vrcrmry MAP
N 31"OO'OO"W
N 27" 12 ' 59"W
MAP NO. 7457
LEGAL DESCRIPTION
PORTION LOT249LA COSTA VALE UNIT NO. 1, MAP NO. 7457
BASIS OF BEARINGS I CENETRLINE OF CENTELLA STREET
PER MAP NO. 7457, i.e. N 26°00'00'W
GRAPHIC SCALE
DEDICATION PLAT - CITY OF CARLSBAD
APPLICANT : PREPARED BY A.P.N.: PROJECT:
c w/&% /j-uq SHOWN ABOVE ,TEMPORARY F/R€
JOHN W. HILL, JR. LS. 5669 s'A''oN No* 6 1 EXPIRES: 9/30/99 PR 2-23 EXHIBIT " B'
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CERTIFICATION FOR ACCEPTANCE OF DEED h 612
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 11/27/96 , from Real Estate Collateral Management Company
to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is
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hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad,
California, pursuant to authority conferred by Resolution No. 91 -71 of the City of Carlsbad,
adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly
authorized officer.
DATED: March 13, 1997
a.&tL-& u
ALETHA L. RAUTENKRANZ, City Cl$k
6 +:,' II ' * .. 17% li"%l;PSLY I i iefr89"8$11059"%IX
' II 18-nAW-PaP7 88=35 &PI 1
I 1613 - RECORDING REQUESTED
BY
AND WHEN RECORDED
MAIL TO:
@TICl&. RECORDS SAN DIEGO COUNTY RECORDEYS OFFICE FREC;@fi'r: SflETH f CDIJf'f ?ECOfi$ER
FEES: 0.00
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA 92008 ll I Space above this line for Recorder's Use
Assessor's Parcel No. 223-1 70-33 Project No. 8, Name PR 2.2.5 Temporary Fire Station No. 6 .'
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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 thisaday of ~%CEM~C~ 19% by Real Estate Collateral
- Management Company, a Delaware Corporation, hereinafter referred to as "Owner," owner of the
land and Bank of America, Illinois, an Illinois Banking Corporation, formerly Continental Illinois
National Bank and Trust Company of Chicago, a National Banking Association and also formerly
known as Continental Bank, N.A., a National Banking Association, hereinafter referred to as
"Beneficiary"; present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Fieldstone La Costa Associates, a California Limited
Partnership, did execute deeds of trust, dated November 5, 1988 and February 25, 1993 to First
American Title Insurance Company as trustee, covering the land described in Exhibit "A attached
hereto and incorporated herein together with other property to secure notes in the sums of
AgreementsMG-24.frm Rev. 6/26/95
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$150,000,000 and $3,000,000 dated November 5, 1988 and February 25, 1993 in favor of
Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association
recorded in the office of the County Recorder of San Diego County on November 17, 1988 and
March 5, 1993 as File Nos. 88-592631 and 1993-0139619 of Official Records of said county; and
WHEREAS, Owner has executed, as grantor, a grant of EASEMENT dated November 27,
1996, 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 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 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 deed of trust above mentioned. ll
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 follows:
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 deed of trust above mentioned.
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AgreementsL4G-24.fm Rev. 6/26/95
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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 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 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
Easement Grantee.
2. We intentionally and unconditionally subordinate the lien or charge of the
deed of trust above mentioned to the EASEMENT in favor of Easement Grantee above referred to
and understands that in reliance upon, and in consideration of, this subordination of the grant of
EASEMENT is being executed and delivered, 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 subordination.
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AgreementsWG-24.frm Rev. 6/26/95
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3. This Agreement represents an endorsement to the note secured by the
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 -J day of - i ~MLJ,+.@ V' , 19 G -7 . 9 22-17
BENEFICIARY: OWNER:
Bank of America Illinois, an Illinois Real Estate Collateral Management
Continental Illinois National Bank and Trust Company of Chicago, a National
Banking Association, and formerly known as Continental Bank, N.A., a
Banking Corporation, formerly Company, a Delaware Corporation
National Banking Association
!J7e
By: /e"
(sign here)
-(print name here)
7 \+'. J f UL': f-1
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\,La - +itY 9 6: pe pjp$pw.fl
(print name here
(title and organization of signatory)
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(Proper notarial acknowledgment of execution by APPLICANT 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
I
AgreernentsWG-24.frm Rev. 6/26/95
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1617
State of California 1
1 County of San Diego 1
'A / .? ji On / ,I )& qb before me, .=,<, ii/3qt& $&OS [i;fis k - - -
personally appeared 3 &.$Q3 x, a&,,&:& ;x QJqjqi;L - "
('Date) // !.,[ (Name, Title of Officer) ' 1;
.-; d 2
(Name[s] of Signefls])
'> ss , \ro j CYc +$-JJ&;S - j ,"
-J L personally known to me -OR - 0 i ,~~~r;'sm?w*".:z4
(Or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
I
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature@) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
f-) y2 J' ', k.,! "dLL,&JJg?J ' 1 y4p 9 "Wf it !I/-. I*t-L,jJ) ,!-< .* - (This area for Signature of Notary official notary seal)
AgreementsWG-24.frm Rev. 6/26/95
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CALIFORNIA 1618
$~&%? ?%&::. $jp, $pi;>, $@& :$*+ ALL-PURPOSE = ,.,,: ..I.,.,, $,,,, . ,,,”.. “<..>V??... ‘i?. .,*,.a ?&W 551’. -,.,.-.-..- $&W ...,:e$% “.,3.,., :*$F ._._
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF L- \ L \&-e u y )
On 1- 337 , before me, a,&& c\n,cttt,bh, lVkANzq (&\+ 1
DATE NAME, T\TLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personally appeared, SW & “t e- sidU
personally known to me (or proved to me on the basis of satkhactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
m. (SEAL) - ’NOTARY PUBLIC SIG~ATURE I
OPTIONAL INFORMATION a a ;;<<y;. ...,<$<%.> $pi;;;;, :,?y:::..
.t<,,.,l ., ..,... >.-
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
.
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CALIFORNIA J 619
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF kQS &?e{- 9 )
1-3-cL7 \ On I before me, k KK jV1AsbaQ L!L&bk\ Cl - DATE NAME, ~ITLE OF OFFICER - E.G., "JANE DOE, NOTARYJPUBLIC" -
personally appeared, i)CL s+,C\CL;n
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(@ is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
c~&s.m+-= (SEAL)
NOTARY PUBLIC SIGNATURE
f") @ OPTIONAL INFORMATION n +!.;;is: .$ ;&fi<:w m u .:. .A>> .<*.......... &$$$; +#,$$,
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TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE