HomeMy WebLinkAboutPR 2.3.22; MAR POINTE, LTD.; 90-662109; Easementt t
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# .7 R'ECORDING REQUESTED BY -
AND WHEN RECORDED MAIL TO
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I City Clerk's Office 1 Name 1859
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008 State
City of Carlsbad
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MAIL TAX STATEMENTS TO
I Name
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008 State
1
City of Carlsbad
I J . -.-> p,: $
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PARTNERSHIP GRANT DEED PR 2.3.22 a 81-19
OF EASEMENT APN 167-540-09
The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 Easement OH ( ) 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 Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mar Pointe, a Limited Partnership
organized under the laws of the State of California hereby GRANTS to
City of Carlsbad, a California Municipal Corporation,
the following described real property in the County of San Diego, State of California:
An easement for general utility and access purposes over, under and across the property described in Exhibit '
consisting of 2 Pages attached hereto and made a part hereof. Exhibit "B" is provided for clarity only.
DATED f Y3qf '? 0
MAR POINTE LIMITED PARTNERSHIP
By: PILCHERS INTERNATIONAL OF TEXAS, IN( as General Partner
1 COUNTY OF 1
On a39 19 fb before me, the By: $@-@qGf;9Fp &A,. ,*&.&&:,& f . . ,, .*
e-=- C. R. Hefner, Jr., J%ce Presrdent undersigned, a Notary Pub 'c in and for said State, personally appeared e . hy . d$4?4%2, d, .
personally known to me or proved to me on the basis oE satisfactory evidence to be the person(s- .
of the partners of the partnership that executed the within instrument, and acknowledged to me that such 'partnership executed the same.
. .-
who executed the within instrument as //(,/O - bma
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WITNESS my hand and official seal.
Signature; &,&& (This area for official notarial seal)
// I Y
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MAIL THIS STATEMENT AS DIRECIED ABOVE
0 0
1890
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RlCK ENGINEERING COMPANY i :%K;:EY'I~ESS Exhibit A
365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
JOB NO. SHE ET DATE LEGAL DESCRIPTION FOR: ' BY JW 10687 1 OF 5-04-89 CHK'DJC GENERAL UTILITY AND ACCESS EASEMENT
An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 1 per Map No.
11595, filed in the office of the County Recorder, in said
County, in said state, more particularly described as follows:
I Parcel A
A strip of land being 30.00 feet wide, lying 15.00 feet on each side, measured at right angles and parallel with the following described centerline:
COMMENCING at the most Northerly corner of said Lot 1, said
corner being on a point of a non-tangent 1230.00 foot radius
curve concaved Westerly, a radial line to said point bears South
88"35'3618 East; thence along the Westerly boundary line of said
Lot 1 and Southerly along the arc of said curve through a central angle of 5"21'25:, a distance of 115.00 feet to the TRUE POINT OF
BEGINNING; thence radially South 83°1411111 East 11.38 feet; to
the beginning of a tangent 100.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 20°431371, a distance of 36.18 feet; thence
tangent to said curve South 62"3013411 East 80.92 feet to the beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 45"44 1 0Ov1, a distance of 79.82 feet; thence tangent to said curve South 16"4613411 East 75.91 feet to the beginning of a tangent 150.00 foot radius curve concave Westerly: thence Southerly along the arc of said curve through a
central angle of 51e2514211, a distance of 134.64 feet; thence
tangent to said curve South 34 "39 10811 West 61.18 feet to a point
herein described as point A-1, said point also being the beginning of a tangent 40.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 90"0010011, a distance of 62.83 feet; thence tangent to said curve North 55"201521t West 8.10 feet to
the beginning of a tangent 40.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said curve
through a central angle of 61"4312411, a distance of 43.09 feet;
thence tangent to said curve North 6"22 I32l1 East 170.51 feet to
the beginning of a tangent 200.00 foot radius curve concave
Easterly; thence Northerly along the arc of said curve through a central angle of 2 "35'4811, a distance of 9.06 feet: thence tangent to said curve North 8"5812011 East 58.43 feet to a point herein described as point A-2, said point also being the beginning of a tangent 150.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve
through a central angle of 18"3110611, a distance of 48.48 feet; thence tangent to said curve North 27"29I26l1 East 6.45 feet to the POINT OF TERMINATION, said point also being on the herein described centerline.
COMPANY
TITLE CO:
REFERENCE DATE ORDER NO.
DESCRIPTION REVISIONS
BY DATE
JLW 5-04-8
r .*>' ' , .\ "- I
~~~~~~&+REss
.' * RICK ENGINEERING COMPANY I ~'N"O""c&Y%"G'IYE Exhibit A
365 SO. RANCHO SANTA FE ROAD a SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
JOB NO. BY LEGAL DESCRIPTION FOR: DATE SHEET
10687 GENERAL YTILITY AND ACCESS EASEMENT TW
JC CHK'D. " 5-04-89 2 oF
I Parcel A (continued)
The sidelines of said easement shall be lengthened or shortened to begin on said Westerly boundary line and shall terminate at right angles through the POINT OF TERMINATION.
Parcel A-1
A strip of land being 10.00 feet wide, lying 5.00 feet on each
side, measured at right angles and parallel with the following described centerline:
BEGINNING at the above-described point A-1; thence North
55°2015211 West 17.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened
to begin at right angles through the POINT OF BEGINNING and shall
terminate at right angles through the POINT OF TERMINATION.
I Parcel A-2
A strip of land being 10.00 feet wide, lying 5.00 feet on each side, measured at right angles and parallel with the following described centerline:
BEGINNING at the above-described point A-2; thence South
81"01'4011 East 17.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened
to begin at right angles through the POINT OF BEGINNING and shall
terminate at right angles through the POINT OF TERMINATION.
COMPANY
TITLE CO.
REFERENCE DATE ORDER NO.
DESCRIPTION REVISIONS
BY JLW DATE
-LEGEND-
KAC! - - - - /NG"MT€5 RADIAI
TPQd - - - TKE mw F
BHR/NG
E6/NM//YG
VICINITY MAP
RICK ERIQINEPRINB COMPAI
CIVIL ENOINEERS-~URVEVOR~ .PLANNI
AND ACCESS EASEMENT
J.N. 10687
I,
.. . 0 e 1894 1
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated October 30, 1990
from Mar Pointe Limited Partnership
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. 90-422 , adopted
on December 4, 1990 , and the grantee consents to the
recordation thereof by its duly authorized officer.
f
DATED: December 6, 1990
By :
ALETHA L. MUT
rn'
RECORDING REQU a ED BY AND 1 190* I. "..
30 662m
'dHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD
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City Clerk's Gffice 1 ; ;-r ? :..:::.:& :I: ..".:JL. f , ?." :. =_ _i_- "" -. ".".;"i.
1
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// 1200 Elm Avenue
Carlsbad, CA 92008 1 1
. . . - . . , ."_ _". _:_i 1 : :.....- - - - . .. .~ . x-":" t :-l ."_ . *.+
"" -,~.~ i Z" 5- $" ,$2 i 32 i ,=' +xi- .." . ""
ll .. -*. . . .
c. . =-. Space' above this line ~~~/~.ge~~pder-t .. s use. . . . . . "
// SUBORDINATION AGREEMENT
NO 1 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 37 day ofall..:t 19~
by Mar Pointe Limited Partnership hereinafter referred to as 'IOwner,
owner of the land and Bank of the West, hereinafter referred to E
ttBeneficiarytt; present owner and holder of the deed of trust here
inafter described;
- ;' !,.
WITNESSETH
THAT WHEREAS, Mar Pointe Limited Partnership did execute
deed of trust, dated February 9, 1990, to First Santa Cla~
Corporation, as trustee, covering Lot 1 of. Carlsbad Tract 81-3
according to Map No. 11595, to secure a note in the sum of fi\
million seven hundred fifty thousand ($5,750,000) dated February S
1990, in favor of Bank of the West recorded in the office of tl
4 County Recorder of San Diego County on February 13 , 1990, as File Nc
90-080318 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, E
grantor, a grant of Easement dated March 19, 1990, in favor of tk
City of Carlsbad as grantee herein referred to as "Easement Grantee,
creating an Easement more particularly described in ExhibitA attachc
hereto; and
1
; ’. _, . .,
’ ,I
4%
e 0
1908
WHEREAS, Easement Grantee is willing to accept said Easemer
provided the grant of Easement is a charge upon the above describe
property prior and superior to the lien or charge of the deed of trus
above mentioned and provided that beneficiary will specifically ar
unconditionally subordinate the lien or charge of the deed of trus
above mentioned to the lien or charge of the Easement created in favc
of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties heret
that Easement Grantee accept said Easement and Beneficiary is willir
that the grant of Easement shall, when recorded, constitute a char5
upon said land which is unconditionally prior and superior to the lie
or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benefit
accruing to the parties hereto and other valuable consideration, tl
receipt and sufficiency of which consideration is hereby acknowledgec
and in order to induce Easement Grantee to accept said Easement ab01
referred to, it is hereby declared, understood and agreed as follows
1. That said Easement in favor of Easement Grantee shal
unconditionally be and remain at all times a charge on the propert
therein described, prior and superior to the lien or charge of tl
deed of trust above mentioned.
2. That Easement Grantee would not accept said Easemer
above described without this subordination agreement.
3. That this agreement shall be the whole and on1
agreement with regard to the subordination of the lien or charge c
the deed of trust above mentioned to the Easement in favor of Easeme1
2
'I '%. w * PI
.1
0 1909
Grantee above referred to and shall supersede and cancel, but on1
insofar as would affect the priority between the deed of trust ar
Easement hereinbefore specifically described, any prior agreement E
to such subordination including, but not limited, those provisions
if any, contained in the deed of trust above mentioned, which provic
for the subordination of the lien or charge thereof to anothc
interest in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of Easement i
favor of the Easement Grantee.
2. He intentionally and unconditionally waives
relinquishes and subordinates the lien or charge of the deed of trus
above mentioned to the Easement in favor of Easement Grantee abov
referred to and understands that in reliance upon, and i
consideration of, this waiver, relinquishment and subordination of th
grant of Easement is being executed and delivered, the Easement i
being created, and that specific monetary and other obligations ar
being and will be entered into by the Easement Grantee, other lender
and title insurance companies which would not be made or entered int
but for said reliance upon the waiver, relinquishment ant
subordination;
///
///
///
///
///
and
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3. An endorsement has been placed upon the note secure
by the deed of trust above mentioned that said deed of trust has b
this instrument been subordinated to the charge of the Easement i
favor of Easement Grantee above referred to.
Executed this 27 day of August I 1990-
BENEFICIARY: CITY OF CARLSBAD a municipa corporation of the State o
California
Bank of the West
NIB
MARTIN ORkNYAK, for City Manage]
N/Q
MI p -&=If .1r
fl ALETHA 'L. RAUTENKRANZ, City Cler
By : I I
-
ivir. Robert P. Mahy 1
(Notarial acknowledgement of execution by DEVELOPER-OWNER must IC
attached)
(President or vice-president and secretary or assistant secretary mue
sign for corporations. If only one officer signs, the corporation mus
attach a resolution certified by the secretary or assistant secreta1
under corporate sealempoweringthatofficerto bind the corporation.
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By : L f-2 L /J.J':%,
Deputy City Attorney
4
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4w~~~~~s E AGKNUWL~UGM~IVT a.- 3 &,
rr
N(
1. a p B i 2 7 !j $
$1
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I roved to me on the asis of s i factory evidence
within instrument as
on behalf of the corporation therein
at the cyporation executed it.
20 i22 NAilONAL NOTARY ASSOCIATION * 8236 Remmet Ave. * P.O. Box 7184 Canoga Park, CA 91304
State of Cal ifornia
County of San Diego 3 SS.
d 0 This the day of 1990, befdre me, Kerri Michele Jones, the undersigned Notar P blic YW &peared &-
Personally qnown to me, to be the person who executed the
or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it.
State of Li//(t~//? i Y On this th&f’ day of AL5 .v.r f-
/S-.fi
38
~ osuntyof ~~~~~-~ &&I /‘, / 4 //4.4+i<+ /; ,&&& 2 c 1 ssm 1’ ,
the undersigned Notary Public, personally appeared -* .’
/&,( /< +y-
@ personally know; to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) w o executed the within instrument as
named, and acknowledged to me that the corporation executed it.
//;c e /&5-,i 2?/,”+ or on behalf of the corporation therein
and and official seal.
~ f /&A*:
Notary’s Signafure h
m
State of California
County of San Diego
3 ss.
.i)
1912
/)I On This the 51 day of 1990, befort! Kcl Kerri Michcle Jones 3 the undersigned Not pcrsonal ly appeared P*
Personally known to me, to be the person who cxecut tke
Wi t P - @Le
or on bchal f of thz corporation thcrci n narned, and ac know1 edged to me that the corporation executed it.
..
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I
e- l "" -
\ OFFICIAL SEAl VERONICA MARQUE2 1 NOTARY PUBLIC - CAtiFORNU Y UvcocRIPcam
PRtNClPAL OFFKX iU
5M OlECO COUNTY
' Em by 5.19K? I
7 On This the 29th of Auqust 1990,
before me, Veronica Marquez the undersigned Notary Public, personally appeared Deborah L. Huffma1 personally know to me, to be the person who executed the within instrument as Vice President or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it.
I WITNESS my hand and official seal.
.dAAnUay"2,
Notary's Signature
j~70R>-A%Fwco PRESS i p, i -'r 7 , , .
I %
1.9:
RiC)ENGINEERING COMPANY Rl;tx:;:v;:;z Exhibit A 2' ,365 SO. RANCHO SANTA FE ROAD * SUITE 100
SAN MARCOS, CALIFORNIA 92069 0 619/744-4800
JOB NO. LEGAL OESCRlFTlON FOR: , GATE 1 SHEEi ' BY ---""---.-~ """""""""""_
~ JW
10687 GEI'JEFL?lL UTILITY AND ACCESS EASEMENT -___ -"".""_
j c,K'DLJc 15-04-89 ~ 1 GF
~
An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 1 per Map No.
11595, filed in the office of the County Recorder, in said
County, in said state, more particularly described as follows:
Parcel A
A strip of land being 30.00 feet wide, lying 15.00 feet on each
side, measured at right angles and parallel with the following
described centerline:
~
~
i I
~
I
-
-
COMMENCING at the most Northerly corner of said Lot 1, said corner being on a point of a non-tangent 1230.00 foot radius curve concaved Westerly, a radial line to said point bears South
88O35'36'' East: thence along the Westerly boundary line of said
Lot 1 and Southerly along the arc of said curve through a central
angle of 5"21'25:, a distance of 115.00 feet to the TRUE POINT OF BEGINNING: thence radially South 83°1411111 East 11.38 feet: to the beginning of a tangent 100.00 foot radius curve concave Southerly: thence Easterly along the arc of said curve through a
central angle of 20"43'37', a distance of 36.18 feet; thence
tangent to said curve South 62"3O134I1 East 80.92 feet to the
beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve
through a central angle of 45°4410011, a distance of 79.82 feet: thence tangent to said curve South 16°4613411 East 75.91 feet to
the beginning of a tangent 150.00 foot radius curve concave
Westerly; thence Southerly along the arc of said curve through a
central angle of 51"25'42'', a distance of 134.64 feet; thence tangent to said curve South 34"39 10811 West 61.18 feet to a point
herein described as point A-1, said point also being the
beginning of a tangent 40.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 90" 0010011, a distance of 62.83 feet; thence tangent to said curve North 55°2015211 West 8.10 feet to the beginning of a tangent 40.00 foot radius curve concave Northeasterly: thence Northwesterly along the arc of said curve
through a central angle of 61"43 '24", a distance of 43.09 feet;
thence tangent to said curve North 6'22 '32'l East 170.51 feet to
the beginning of a tangent 200.00 foot radius curve concave
Easterly; thence Northerly along the arc of said curve through a
central angle of 2"3514811, a distance of 9.06 feet: thence
tangent to said curve North 8'58 I.20'' East 58.43 feet to a point herein described as point A-2, said point also being the beginning of a tangent 150.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve
through a central angle of 18 "3110611, a distance of 48.48 feet;
thence tangent to said curve North 27 ' 29 '26" East 6.45 feet to
the POINT OF TERMINATION, said point also being on the herein described centerline.
TITLE CO.
REFERENCE DATE ORDER NO.
COMPANY DESCRIPTION REVISIONS
BY DATE
JLW 5-04-89
!.KcR"~'~F. TAWCO PRESS-
.xi$,. ? 1: .' , <' I. I
w
RICnENGINEERING CoMPANY :., rn AND b'l::~~~~~~T~~~~ Exhibit A
T.."" ' *
t 365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
" JOB NO. LEGAL DESCRIPTION FOR: i EY
"" DATE r-SiiEET--
10687 GENERAL 'JTILITY AND ACCESS EASEMENT ID. "" JC "-5-04-89 1 2 oF
I
I 1 Parcel A (continued)
The sidelines of said easement shall be lengthened or shortened
to begin On said Westerly boundary line and shall terminate at right angles through the POINT OF TERMINATION.
I Parcel A-1
A strip of land being 10.00 feet wide, lying 5.00 feet on each side, measured at right angles and parallel with the following
described centerline:
BEGINNING at the above-described point A-1; thence North 55°2015211 West 17.00 feet to the POINT OF TERMINATION. I I The sidelines of said easement shall be lengthened or shortened to begin at right angles through the POINT OF BEGINNING and shall terminate at right angles through the POINT OF TERMINATION.
Parcel A-2 I
~
' A strip of land being 10.00 feet wide, lying 5.00 feet on each
side, measured at right angles and parallel with the following
described centerline:
, BEGINNING at the above-described point A-2; thence South
81°0114011 East 17.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened to begin at right angles through the POINT OF BEGINNING and shall
terminate at right angles through the POINT OF TERMINATION.
/
TITLE CO.
REFERENCE DATE BY DATE ORDERNO.
COMPANY DESCRIPTION REVISIONS
JLW
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