HomeMy WebLinkAboutPR 3.2.48; LA COSTA HOTEL & SPA CORPORATION; 1992-0606491; Easementi ' RECORDING REQUESTED BY p' --E 6s * p=; ;- ."; .X5 p ??. ; ; ?=; d 5 ?:+I ??"E 6Li i " i ". Ti Le: ~ i
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Name r- 8 * - ~~-9 C/e,-t;
Street. Abdress 1200 Carlsbad Village Dr.
City & Carlsbad, CA 92008 State I
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City of Carlsbad
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MAIL TAX STATEMENTS TO
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
CORPORATION GRANT DEED PR 3.2.48
OF EASEMENT 0- APN 216-130-59
The undersigned grantor@) declare(s):
Documentary transfer tax is $ 0.00
( ) 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,
La Costa Hotel and Spa Carporation
a corporation organized under the laws of the State of California, hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real properry in the City of Carlshad, County of San Diego, State of California:
an easement for drainage purposes as described in Exhibit "A" consisting of one page, attached hereto
and made a part hereof. Exhibit "B" consisting of one page is attached for clarity only.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its b'..LG President and Secretary thereunto duly authorized.
La Costa Hotel and Spa Corporation
A California Corporation
DATED /e/s8/9/
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STATE OF CALIFORNIA
COUNTY OF 6& a jE'G0
(Name of Company)
BY /u L?LZL2m (Signature) Y
Name /4dL G#?fih%d
Title Y'jcg k??&%. l$Kd J
(Type or Print) -
BY - (Signature)
Name TAXESHI KINOSHITA
(Type or Print)
Title PRESIDENT
" (TyTe or Print)
... - ." ." .- " - " - "_ "
MAIT, THIS STF.WMENT AS UXZCTED Ak3VX
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e 1320 0
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STATE OF CALIFORNIA
COUNTY OF SAP4 DIEGO.
On 1/10/92 before me, Mary J. Ryman, Notary Public, personally appeared Paul Graham and Takeshi Kinoshita, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
P 1 MA'RY J RYMAN NOTARY PUBLIC - CALIFORi$.llr ;\
, -< 0 6021 0
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EXHIBIT "A"
DRAINAGE EASEMENT
A STRIP OF LAND 15 FEET WIDE LYING WITHIN A PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SPJ DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. 11722 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OCTOBER 9, 1981 AS FILE NO. 81-322184 OF OFFICIAL RECORDS, NORTH
54 o 57 ' 37 'I EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 2
170.62 FEET (NORTH 54" 58' 33" EAST 170.00 FEET PER SAID PARCEL MAP
11722) ; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 04O 49 ' 48"
EAST (NORTH 04O 49' 30" EAST PER SAID P-ARCEL MAP 11722) 34,90 FgE;T
TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY SOUTH
66" 57' 56" EAST 103.51 FEET; THENCE NORTH 23" 02' 04" EAST 15.00
FEET; THENCE NORTH 66" 57' 56" WEST 108.44 FEET TO THE
SOUTHEASTERLY BOUNDARY OF SAID PARCEL 2; THENCE SOUTH 04' 49' 48"
WEST ALONG SAID BOUNDARY 15.79 FEET TO THE TRUE POINT OF BEGINNING.
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VOClNiTY MAP
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L€G€ND - - - -. . SU6Df V/S/ON BOUNDARY @ . , . . . . FOUND 2" /R@N P/PE W/D/SC MARKiV "LS 3/89" FEU MA? Atit 7784 # t?M
NO. 11722.
M. 11722. ( ) . . . . , R€C'RV DATA KR u4P Nd V84 4 P"
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PROJECT NAME EXHIBIT PROJECT NO.
DELVCA77OIV OF DRAINAGE €45EM€NT ' "8 I' PR 3.248
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.*x 8 CERTIFICATION FOR ACCEPTANCE OF DEED
?
This is to certlfy that the interest in real property conveyed by the grant deed or
easement, dated 10/28/91 , from La Costa Hotel 6r Spa Corporation
to the City of 'Carlsbad, California, a political corporation and/or governmental agency, is
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 che recordation thereof by it's duly
authorized officer.
I I
DATED: July 28, 1992
-
. ALETKA L. RAUTENKRANZ, City klerk
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i '$ .. - q':.-* I1 0 10 2 4 . y# % $ ;$?3-";2flk x 375 .. $+ irs. f 7 ~ 7 - -?- "I: %hi=- it-!: 07"s f<.- 2 ;=-
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*. RECORDING REQUESTED BY AND ,-:: . :..~."..iii;.
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1 WHEN RECORDED MAIL TO: ) ;I
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-. "$1 j i ! 7 3, .: - - 7 :-: -. 7. " j .,,.:, : r ;'L, ,:;..;c" ;"c.:J, : !;".:-.*.,i,-:; -rP" i .-
) ,'., 2 CITY' OF CA~LSBAD - i .-. ":= ,.>:
3 Carlsbad, CA 92008 1 /:
4 Space above this line for Recorder's use.
5 SUBORDINATION AGREEMENT
.... c * i z ? 2.8 ._ .. ,:.
1200 Carlsbad Village Drive ) ' , :j
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NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN TEE 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.
l1 I1 THIS AGREEMENT, made this 5% day of ,a&? 19w k
12 La Costa Hotel & Spa Corporation, a California Corporation,
13
Bank, LTD., hereinafter referred to as l1Beneficiaryl'; present 14
hereinafter referred to as ltOwner,tt owner of the land and The Fuj
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Owner and holder of the deed of trust hereinafter described;
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WITNSSSETH
THAT WHEREAS, La Costa Hotel & Spa Corporation
19 California Corporation, did execute a deed of trust, dated July 3
20
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1988, to Ticor Title Insurance Company of California as trustee
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the County Recorder of San Diego County on July 20, 1988, as Fil 24
1, 1988, in favor of Fuji Bank, LTD., recorded in the office c 23
the sum of one hundred seven million ($107,000,000.00) dated Jul 22
covering see Exhibits A & B attached hereto, to secure a note i
No.88-351339 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, E
27 II grantor, a grant of EASEMENT/EASEMENTS dated /o/z9/?/ ri
28 ll AGREMNTS\AG-24.FRn -1- RH 6/71
ll fi*AW~ d g+ vqe4 13CtS
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and recorded q .c ;eq e ?L as Instrument No.-
9%- obobqO( \ , official records San Diego City, in favor o
the City of Carlsbad as grantee herein referred to as @'Easemen
Grantee," creating /THE EASEMENT/ more particularly describe'
therein and in EXHIBITS A & B attached hereto: and
WHEREAS, Easement Grantee is willing to accept sai,
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is I
charge upon the above described property prior and superior to th
lien or charge of the deed of trust above mentioned and provide1
that beneficiarywill specifically and unconditionally subordinatt
the lien or charge of the deed of trust above mentioned to thl
lien or charge of the EASEMENT/EASEMENTS created in favor o
Easement Grantee: and
WHEREAS, it is to the mutual benefit of the parties heretc
that Easement Grantee accept said EASEMENT/EASEMENTS anc
Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall
when recorded, cor?stitute a charge upon said land which i;
unconditionally prior and superior to the lien or charge of thc
deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benefit:
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereb!
acknowledged, and in order to induce Easement Grantee to accepi
said EASEMENT/EASEMENTS above referred to, it is hereby declared
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easemeni
Grantee shall unconditiQnally be and remain at all times a chargt
on the property therein described, prior and superior to the lie1
AGREEHENTS\AG-24-FRH -2- RRI Wf9
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or charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept sail
EASEMENT/EASEMENTS above described without this subordinatio:
agreement.
3. That this agreement shall be the whole and on1
agreement with regard to the subordination of the lien or chargl
of the deed of trust above mentioned to the EASEMENT/EASEMENTS ii
favor of Easement Grantee above referred to and shall supersedl
and cancel, but only insofar as would affect the priority betwee.
the deed of trust and EASEMENT/EASEMENTS hereinbefore specificall:
described, any prior agreement as to such subordination including
but not limited, those provisions, if any, contained in the deec
of trust above mentioned, which provide for the subordination 0:
the lien or charge thereof to another interest in the rea:
property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant o
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed 01
trust above mentioned to the EASEMENT/EASEMENTS in favor 01
Easement Grantee above referred to and understands that ii
reliance upon, and in consideration of, this waiver,
relinquishment and subordination of the grant 0:
EASEMENT/EASEMENTS is being executed and delivered, thc
EASEMENT/EASEMENTS IS/ARE being created, and that specific
AGREEMENTSMG-24-FRM -3- REV 6/7/9
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monetary and other obligations are being and will be entered int
by the Easement Grantee, other lenders and title insurant
companies which would not be made or entered into but for sai
reliance upon the Waiver, relinquishment and subordination; and
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AGREEHENTSMG-24-FRH -4- REV 6/7/9
., ,. .. I' 0 1928 0 //
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3. This Agreement represents an endorsement to th 1 II note secured by the deed of trust above mentioned and that sai
2 ll deed of trust has by this instrument been subordinated to th
3 charge of the EASEMENT/EASEMENTS in favor of Easement Grante
above referred to. 4
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Executed this 5% day of &m,&4 , 1991 .
BENEIFICIARY: OWNER:
The Fui i Bank, LTD. La Costa Hotel t Sx>a
(print name"here) Joint General Manager
The Fuji Bank,Ltd.,Los Angeles Agency
/+4+1- ana nrmaniaAtinn nf nirrnwt-rv!
CORPORATE ACKNOWLEDGMENT 5029.
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* 7HKFS//i 4///20 6H/+
,8 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as 7 PRFS/D or on behalf of the corporation therc
;i (: : '%/.? :- -' I,,
1, MARY J RYMAN I named, and acknowledged to me that the corporation executed it.
";-A
1 2 . .- ')r?TARY PUaLlC - CALIFORW WIT 1 and and official sea &4N DIEGO COUNTY , C",.Z..,fi.." :! bly comn. expires FES 9 1993
24 11 Citymrney
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26 Deputy City Attorney By : /-e" 62. k
6 27 11 AGREMENTS\AG-24.FRn 3*t't*SZ -5- REV 6/7/'
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3 . '. ' t.
I. a. 0 e
a .I
Y 31030
State of California ) 1 County of :Aj+piyl~;c{/+)
R ' On ,. D<[-eJp&j/ 5 i iq$ !! before me, .+"p yj .q 4 \jj$i, , '1-6 fi\- . K,bi-p\& 't yjl,b:&;(, c_ "_" I ___".I .__"" -.-""""""" ".. j" -~ ~-~~ ~- ' "_~ ./
(here insert name and title of the officer), personally appeared - K/,~P-I, r? 573iG
d
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is*subscribed to the within instrument and acknowledged to me that he- executed the same in his+kq/%h&-authorized capa-, and that by his,hq%- 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 offici?: seal. A,
(' flfl ;?/..Q@;f"'.." L.". - ~ -1 ,' i 1
Signature </V> / '
I
(Seal) .
10569643
'*.
.- s. 1) 1031 @
~ . ..
EXHIBIT "A"
DRAINAGE EASEMENT
A STRIP OF LAND 15 FEET WIDE LYING WITHIN A PORTION OF SECTION 36,
TOWNSHIP '12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 OF PARCEL MAp
NO. 11722 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OCTOBER 9, 1981 AS FILE NO. 81-322184 OF OFFICIAL RECORDS, NORTH 54 O 57 ' 37 I' EAST ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 2 170.62 FEET (NORTH 54' 58' 33" EAST 170.00 FEET PER SAID PARCEL MAP
11722); THENCE CONTINUING ALONG SAID BOUNDARY NORTH 04O 49' 48" EAST (NORTH 04' 49' 30" EAST PER SAID PARCEL MAP 11722) 34.90 FEET
TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY SOUTH
66' 57' 56" EAST 103.51 FEET; THENCE NORTH 23' 02' 04" EAST 15.00 FEET; THENCE NORTH 66O 57' 56'' WEST 108.44 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 2; THENCE SOUTH 04' 49' 48" WEST ALONG SAID BOUNDARY 15.79 FEET TO THE TRUE POINT OF BEGINNING.
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LEGENP - ---. . SU%D/V/S/ON BOUNVARY @ . , . . . FOUND 2" /RON P/PE W/D15C MARKD
"LS 3/89" XU MAP Nd 7784 # RM.
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NO, //7?2.
M. 11722.
1. , . . . R€Couv DAm PER MP rV0. 7184 # PM
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15' WID€ DRR/NRG€ HSEiV'NT
PROJECT NAME , PROJECT NO. EXHIBIT
&&FDXA77ON OF DRAIAlAGE EASE/YENT PR 8z48 I ''kt'8