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HomeMy WebLinkAboutPR 3.2.27; Aviara Land Associates, LP; 89-346185; Easement' * RECORDING REQUESTED BY 3 Ia "i rz*<, ..) '0 L..-... . nCOR '7aw ~~~~~~~~~ co?P~l"anr OF CALIFORNIA AND WHEN RECORDED MAIL TO r' City of Carlsbad 1 me 1200 Elm Avenue reet Carl sbad, CA 92008 jdress tY & ate L J 39 356l.85 423 fiE c C:E 2Ec & .' f -i.-,r-i ,~ ~ =,ti c *>- g $% r :;..;r>;+ sF:'::-y>fx* $%;7 +-=% -:;:-; r":..:.;;:;f;;p - -. -2 -, ~. . < . : +* 17 L"2 E9Jm 29 Pf4 3: 56 1 Sd&F!.& ;,+ CfLp cg;jgTy :;=-+. %EL&jCR i >-FA I MAIL TAX STATEMENTS TO I r TI me reet z'fifl~ e flgd fg ldress tY 8l ate L AI m FEE i SPACE ABOVE THIS LIME FOR RECORDER'S USE- Partnership Grant Deed PR 3-2-27 CAT. NO. NN00586 TO 1925 CA (1 1-83) School Site Draina e Easement CT 85-35C THIS FORM FURNISHED BY TLR TITLE INSURERS I1 APN NOS. 215-040-16 -12 Documentary transfer tax is -0- 215-050-14 t i The undersigned grantor(s) declare(s): 215-051-10 ( ) 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: ( ) City of r.arlsb;ld, and - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnersip a limited partnership organized under the laws of the State of Del aware - hereby GRANTS to the city Of Carlsbad, a Nunicipal Corporation, an easement fhr drainage over, under, upon and across - the following described real property in the City of Carl sbad county of San Diego , State of California. See Exhibit "A" attached hereto and made a part hereo'f. Exhibit "B" is provided for clarity only. - I ,,- w Avi ara Land Associates Limited Partnerhsi p, a Del aware 1 imi ted partnership BY: Aviara.Land Company, a Delaware Corporation, general partner SEE ATTACHED Dated: STATE OF CALIFORNIA COUNTY OF } ss. On before me, the undersigned, a Notary Public in and for said State, personally appeared .- personally known to me or proved to me on the basis of satisfactory evidence to be the person- who exe- cuted the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature I (This area for official notarial seal) L I I -. . - * .I - .7 0 4 0 r- i GI ~ g8B r “I s zz I z n m - 0 II 0 5 “i r5 I c;)- 03 rP *=I =im s $4 E= ggu ij% D Ut FZ Om oe OF! ri rK (D a’cI $m CBZ 2 R n m x < - 4 I( m‘ E= ggm FJ z n m ,.,. I: ,I 0 424 4/26/19. ** JJ3460-104-10 100,4 ** SV SCHOOL EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT SCHOOL SITE (4-5-87 CT 85-35 PHASE I UNIT C AVIARA BEING A PORTION OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774 RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 26 AND THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN DEED TO THE ALGA ROAD SCHOOL DISTRICT RECORDED %~41=c 27 ,1989 AS FILE NO. % -3+8-&/!?"3 OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 7 1 O 4 0 ' 53 tlWEST : THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND AS DESCRIBED IN SAID DEED AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°36'53t1 A DISTANCE OF 210.08 FEET; THENCE SOUTH 55°56'0011 EAST, 416.30 FEET; TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46'0011 A DISTANCE OF 73.30 FEET: THENCE SOUTH 46°10'00" EAST, 95.57 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING THE BEGINNING OF A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 77°38'531t WEST : THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 26"34'01" EAST, 107.90 FEET TO THE POINT OF TERMINUS. ANGLE OF 14°12'5411 A DISTANCE OF 22.33 FEET; THENCE NORTH THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO SHORTENED OR EXTENDED SO AS TO TERMINATE IN THE SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND. e. - 425 A \- 9 8 s ,N Z i= 0 V w (n 'w '2 I" -J IL I, EXHIBIT "B" 5 3" 7-. 12 S. R. 4 U. (SCHOOL SITE) 8, D,T' SJ 10-774 h N In SCALE I" SBM = \OO' b3 Ut-4 r PROPOSE0 DRAINAGE EASEMENT y k-s 01 Zl z 0 - \e+o? -%+ +lb 9 N Zb"34'Ol"E $13 \ SOllTHWESTERLY LINE OF SCHOOL SlTE a- 90 4~00~~ N4b" IO' 0O"W PLAT TO ILLUSTRATE DRAINAGE EASEMENT B& 4, Qaock, k-z-ep DALE A. DAWS f .S 5894 APN 216-061-10 PROJECT NAME: :PROJECT NO.' P PR 3.2.27 EXHIBIT 2/6 /89 DRAINAGE EAS'EMENT SCHOOL SITE CT 85-35 PHASE I. UNIT C AVIARA N P&D Technoldgles 401 West "A" Street, Suite 2500 San Om, CA 92101 619.2324466 " . ,. <- e 426 0 , >' STATE OF CALIFORNIA ) COUNTY ~TJ <-- i ,,(~t I' [d ) ) ss. + 1 /. f'p /* {' t ' /," i ,' , + /! "-A On ;fl before me, the undersigned, a c"- NobaqpPu~j!'~~ in 'anyl* for daid State, personally appeared on the basis of satisfactory evidence to b the person who p"/. /% , b, 4. L.1 <.bfiY/J , personally known to me or proved to me Axe uted. within instrument as the 942 President, and (>pA/ A1y(&.bfi, ,,/g personally known to me or proved to me on 'the within instrument as they$.&/. FSeereCdry the basis 0-f satisgactory evi e ?f be the person who executed of Aviara Land Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. t &d/&d.,q ~ 4;+ (-/Pi /Lp$Hd iii NOTARY PUBLIC (Seal) Z058201L.DW4 5/12/89 -3- ~ , .I .? .* \' . . ,. ., ab .. I " 0 421 STATE OF CALIFORNIA ) COUNTY OFk$> /$!pi ss * On Y$@L 23, / yp / before me, the undersigned, a c NotaryiPu jlic!nL&l for said State, personally appeared on the bssis of satisfactory evidence to +the person who /e?ecuted he ith'n instrument as the +//y L, President, and feeasis of satisfq6tory evideqce Y be the person who executed 'the within instrument as theyq(:f A/. Secretary'of Republic Development Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. /J ,/ fi&p./(;Jj , personally known to me or proved to me 'L /&d$?& /?a personally known to me or proved to me on WITNESS my hand and official seal. /$$dy&44h, &? -, ////d,/- ?,X/ NOTARY PUBLIC (Seal) 2058201L.DW4 5/12/89 -4- . ,,. . - . ?' e. 428 ;, e ~ (1 1 CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property 'conveyed by the easement dated May 22, 1989 from Aviara Land Associates 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. 89-203 , adopted on - June 27, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED : June 28, 1989 By : ALETHA L. RAUTENKRANZ, City\Clerk c. s .i t 0 429 $9 @~:t 8.6 .I 7, CQ R Tp i kl jL: t"1h.J ce J J HECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carl sbad, CA 92008 t- 1 1 1 ; 1 \ ..." c C$L-*-;;'r ;; =-='.-?.. -.r i F:?cy:.y7;7F$ <; = - f",> . . ._,.. *.? .z2:-w;;,* iL+ 3&:. ;;..;:-,.,:- I..-__ .. . - ...~ <- <+;152=$ i'l d I - . " ... : ..,.. ".zz-iQ$ 1 -2 7. LF. ; 89 ,,&I!# 29. PB 3: 56 z i)i" a I -: ''? is {,"r"' 'e E N' *,-: ' '. . i .c,t,t&b.. s p:.r f2": :.I I'.$Yr, %r; f dd3 j -? JRFjim? I-; I Space above this 1 ine for Recorder's use. PR 3.2.27 SUBORDINATION AGREEMENT CT 85-35C APN 215-040-16 215-051-10 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR 215-050-14 SECURITY INTEREST INTHE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY ,TO WHICH YOUR SECURITY INSTRUMENT ATTACHE SAND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 22nd day of May 1989 by Aviara Land Associates, Limited Partnership, a Delaware limited partnership hereinafter referred to as "Owner," owner of the land and First Interstate Bank of Cal ifornia, a Cal iforni a Corporation, hereinafter referred to as "Beneficiary"; present owner and holder of the deed. of trust hereinafter described; WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership a Delaware Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California, a California Corporation as trustee, covering portions of Section 26 and Section 27, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, to secure a note in the sum of One Hundred Twenty Five Million Dollars ($125,000,000) dated December 20, 1988, in favor of First Interstate Bank of California recorded in the office of the County Recorder of San Diego County on December 23, 1988, as File No. 88-661636 of Official Records of said county; and " . 0 430 0 \- WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated MAY %>, 14fq , 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. 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 ment i oned. 2. That Easement Grantee would not accept said Easement above described without this subordination agreement. I. I* 0 433. 0 L’ 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, 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 Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates 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 waiver, relinquishment and 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 waiver, relinquishment and subordination; and 3. l$2 \-U .I;I,g_ernen_ I.\- a\-L note secured by the /and deed of trust above mentioned 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 . --. ,. 0 432 e >* BENEFICIARY OWNER First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP By : :&.&& p &q&pu.ww\ Kevin P. McKenna, Assistant ' Vice President \ \I\ '1 i t',p , '1 ! By: i \, <!ibL ! L\. t.fuu\-d..:L ,j t t , !, ii i '8 ,; i \nj\:i il. : "\, )\I\ .I !\I: 1 \ ._ Mark D. Whalen, Vice President ,P Aviara Land mpany, General Partner Republ ic Dhehpment Company, GeGral "-\ b NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND T% SECRETARY OR ASSISTANT TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION7 UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT7 THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A Approved as to form: (Notari a1 acknowledgement execution by DEVELOPER and SURETY must be attached.) ' . J~ ,. , ,* ., a , ', 0 s. 433 TO 1945 CA (7-82) CAT. NO. NN00737 (Corporation) a AND TRUST TITLE tNSURANCE STATE OF CALIFORNIA COUNTY OF ORANG On said State, personally appeared Kevin P. McKenna personally known to me or proved to me on the basis ,,, of satisfactory evidence to be the person who executed 6 the within instrument as the &.si ntant 17i CF, X President, and Mark D. lul en personally known to me or 2 proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President ~,.&!r,kdif-f of the Corporation that executed the within instrument and acknowledged to me that such corporation exe ATlCOR COMPANY i ) *. t June 6, 1989 before me, the undersigned, a Notary Public in and for w J IL i (This area for official notarial seal) (1 .\..< % * ,, , < I** e 0 434 )* ,I STATE OF CALIFORNIA ) COUNTY OTj )//? /Ajcd ) ,J ’- ) ss. /q;“, ./z- / 7/77? On /// [I,, A,, j before me, the undersigned, a blic in- Fnd~ for’said State, personally appeared , personally known to me or proved to me pyecutey e within instrument as the b:/z: President, and -:d@~,( , I $/&,~t(~c,~~$-. 7 /k- personally known to me or proved to me on on the“basis of satisfactory evidence to b the person who dhe within instrument as the /$J. ,&&. -Secr-sbs?y he basis of satisfdctory evue ceNc be the person who executed of Aviara Land Company, the corporation that kxecuted the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. , ”> / fi dfi” j/>/JJ,/’?? .J .‘/, I /; [b&..?$/&/ N’OTARY PUBLIC -\ (Seal) 2058201L. DW4 5/12/89 -3- r I" /. I *' . .I ., , '. *(' e 435 e ,I d STATE OF CALIFOWpIA ) COUNTY 0 J, ' ,d~,, ,,/14,K,d) 7- ) ss. f / il. On/)',h/A//, /Ff? before me, the undersigned, a /-/ Not ry>ub'fic in &d for'said State, personally appeared ' /T,n; , L/'),&xy.de , personally known to me or proved to me executed& ~ I wit in instrument as the yip,,& President, and i PA,// /( ,vid&,,/cL personally known to me or proved to me on Phe basis of satisqbctory evi9 e t9 be the person who executed the within instrument as the /%%&A .F of Republic Development Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. on the bas-is of satlsfactory evidence to be-the person who f; WITNESS my hand and official seal. k/d/&7 & (&- I ./r fd' N6TARY PUBLIC (Seal) Z058201L.DW4 5/12/89 -4- * r' *. . d-s-i9 3 4364/26/1@ ** JR460-104-10 100,4 ** SV SCHOOL EXHIBIT W@A" LEGAL DESCRIPTION DRAINAGE EASEMENT SCHOOL SITE CT 85-35 PHASE I UNIT C AVIARA BEING A PORTION OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774 . RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 26 AND THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN DEED TO THE ALGA ROAD SCHOOL DISTRICT RECORDED 3~6 &-c? ,1989 AS FILE NO. SiCi -3% C k3 OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 71"40'53I1WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND AS DESCRIBED IN SAID DEED AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37'36'53Il A DISTANCE OF 210.08 FEET; THENCE SOUTH 55°56t0011 EAST, 416.30 FEET; TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46'0011 A DISTANCE OF 73.30 FEET: THENCE SOUTH 46°10'0011 EAST, 95.57 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING THE BEGINNING OF A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 77°38t5311 WEST ; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"12/5411 A DISTANCE OF 22.33 FEET: THENCE NORTH 26°34'01'1 EAST, 107.90 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO SHORTENED OR EXTENDED SO AS TO TERMINATE IN THE SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND.