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Home My WebLink AboutPR 3.3.12; Aviara Land Associates, LP; 89-345759; Easement<. .. , - 1 RECORDING REQUESTED BY . .* /. XI +\ .. ":L. '. .I . a I 171% @ 89 3.4 5...75 9 ,"...$ .? I I > TfiTu 6~~~~~~E ~~~~~~~ of WFOR E AND WHEN RECORDED MAIL TO t I - 7 ;pFy;:-e.-j ;Ti f fyTiE]$ - ::;- '"'q~p~ -4 "-7 'i <iF <- i ..,? z..:;-" .-. -?.I .lili *;>: IF..<? ;,<:...::,? *si;,.?i feC& $ r City Clerk 1 City of Carlsbad 1200 Elm Avenue ame xeet Carlsbad, CA 92008 ddress I 69~28 Pi4 2:'49 fL%t2 - vww e. LY~.€ J C&,=f'f iifCGRW? ;ty & ate L 4 MAIL TAX STATEMENTS TO r 1 ame jdress reet T&"E 6 !7@01."& NO FEE tv & ate L J SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed PR 3.3.12 CAT. NO. NN00586 TO I925 CA (11-83) %YES M et%i 1s; Ercla~g~T, Et ZZES '2 The undersigned grantor(s) declare(s): I ( ) computed on full value of property conveyed, or - Documentary transfer tax is -0- k ( ) 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, Aviara Land Associates Limited Partnership a Limited partnership organized under the laws of the State of Delaware " hereby GRANTSto the City of Carlsbad, a Municipal Corporation, an easement for Sewer and drainage over, under, across and upon. - the following described real property in the City of Car-sbad County of San Diego , State of California. See Exhibit "A" attached hereto and made a part hereof. Exhibit 11~11 - is provided for clarity only. Aviara Land Associates Limited Partnership, a Delaware Limited Partnership I I See attachment Dated: STATE OF CALIFORNIA COUNTY OF On before me, the undersigned, a Notary Public in and for said State, personally appeared } SS. 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 thr: within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature BY: Aviara Land Company, a e Corporation, - BY: Re\public Development Compan a Califor la Corporation, knFral fi ar ner (This area for official notarial seal) i I T:-l- n..J-.. xr- 4 P P r7 m 7” 0- 0 0 z -I =a 02 5i zz $5 ggu &e *z F” ri a= 03 D 3 z 0 n 805 0+ gP .I. ?m tam ra m I m m 0 4 5 4 0 - s5 s 7m &)- =Y, 0s q E= ij!i 56 ggu -z ?m rY) k gm 0;i a= D 3 2 n m a3 @5 rr! m I 63 * 111 7 E E= g8rn Fa z nr m .. I ‘,.. r/ ', :\ 'D, \ 0 1712 0 ' ,1 EXHIBIT "A" LEGAL DESCRIPTION SEWER AND DRAINAGE EASEMENT THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO RASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE COLJHTY RECORDER OF SAID COUNTY OCTOBER 30, 1936, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 8, ,, A - SEWER AND DRAINAGE EASEMENT COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26 AND 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 00'42'22" EAST 1311.77 FEET; THENCE LEAVING SAID EAST LINE NORTH 87"29'27" WEST 549.55 FEET; THENCE NORTH 30'17'15" EAST 433.80 FEET; THENCE NORTH 39'18'00" WEST 121.50 FEET; THENCE NORTH 60"52'15" WEST 145.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 60'52'15" WEST 29.52 FEET; THENCE NORTH 03"00'00" WEST 40.55 FEET; THENCE NORTH 27"00'00' EAST 63.35 FEET; THENCE SOUTH 63'00'00" EAST 25.00 FEET; THENCE SOUTH 27'00'00" WEST 56.65 FEET; THENCE SOUTH 03'00'00" EAST 49.55 FEET TO THE TRUE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL "A" CONTAINS 2626.27 SQ. FT. OR 0.060 ACS. MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES @,e- - L/ /4/ 8 4 GE&GEb%%%T$$, R. C. E. 14534 REGISTRATION E~~IRES 3-31-93 6/14/39 CAP/$ SB/5&3 4Wi q r itla *I , :> I 1 * *I '€XH/BIT 'W 27 26 I >LC -I- 27 TI25 Fw!?!/ >DDl\/l - F) r) /\/63*00 foo/w AVIARA PHASED rn 3 N03°00'OO'tW 3 T. PO. 0. PARC€L '2 lf 2 C.T 85-35 PHASEL UMlTB AV I AKA FU.5 107 74 PLAT 727 UI/SRAT€ S€'w€' AND DRAINAGE E'S€ME~IT N + A55OClATE5 I NB?O29/2 7 "W ' A.FIN.- 2/5-040-/5 Crosby Mead Benton & Rssocicrtes Planners Enqineers Surveyors 5966 La Place Court, Suite 170, Carisbad, California 02008 (610) 438-1210 PU0d''CT NAME: dFFS/TE SW€R G. L?RA/NA&E &S€N€N7 w PROJ. €XH/497- NO. ALA//ApA -PH~S~ 1- uu+T 0 0 PR3.3./2 t. * t 1, ,I > 'Y e 1714 0 ' I, STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 On $2- /'f /?ry , before me, the undersir2 in and for said state, personally appeared . (personally known to ) :ss I1 - 1 - 1 Llle UQ~LS OL satlsracLoky president, and known to me) ) to be the sc._cret;ly of Aviara Land Company, a Delaware Corporation, the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand d, C&dJ Notsry Public in and for said State My Commission expires &L?Y 2yTL?7 PRINCWK OFFICE m I Name,h7%Li%?v /./kNdd 5N D?4&64 hd/urY Principal Place of Business STATE OF CALIFORNIA 1 SAN DIEGO 1 ) :ss 14 /yn , before me, the undersi inknd for said state, personally appeared (personally known to Y the corporation that executedthe within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand My Comm,ission expires Name fir/L66& .. /a4n/d L,d 94 ,&,G60 hb??,TY Principal Place of Business 13 , ,' 1 j .r * 0. 1715 0 ,I ,I 1, i CERTIFICATIOM FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conveyed by the easement dated June 14, 1989 from Aviara Land Associates Limited Partnership to the City oE Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 89-204 , adopted on - June 27, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 28, 1989 By : ALE* Lwki- ClerE 0 -=st :~..~-~.~~=~..--.-~~~~~,~~~ c,,hnrdinatJ?n i -. __ ' , , Lp_SDCATION M&P I u" NTS /2l/gf ggagb Bb -R~FE~QEW~ ON$ 'ROJECT NAME SWEK MD Dw1N- EjptSEcretTl'P p? OJ. 3,3*As NOIT A \/I A D A DMA Cl= I rcrCpr2r ,Ik~r~ n I TS OC- r 3. I ". .-. 0 s.7 16 89 34.5.76Q 1 .* c i , Ct, z. 1 ; -ti, ;< 1 n, Si! &A;i p RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 .?sf" f,i7f-:F:T" -.,A *.,- ..,s- ... :,:;y:~-~.~g;j ;+4 "c)5 89 Jb% 29 PH 2: 43 f:;.... ,ir " ,~~.~ ?. :;.: :::: ;:<;;-!%< f.2: @A. 2 ?":z<-.- :?:;I ~$.:.,-+<*,;~ 3 . . .. "~ CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carl sbad, CA 92008 ) 1 f *$f%$ $-* Ly-gJE f pzj :-=.x< ii f pg L WJtt t E d ;4:,@fiR _f I Space above this line for Recorder's use. PR 3.3.12, SUBORDINATZOM AGREEMENT C'T 8S-35B NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST INTHE 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 14thday ofde 19~ by Aviara Land Associates, Limited Partnership, a Del aware 1 imited partnership hereinafter referred to as "Owner," owner of the land and First Interstate Bank of California, a California 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 Del aware Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California, a California Corporation as trustee, covering a portion of 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 Mill ion 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 ,* .' 1' * ,. .. . 0 I117 0 , WHEREAS, Owner has executed, or is about to execute, as grantor, a Grant Deed for Sewer and Drainage Easement dated JLlW 15 I%? , in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating the Sewer and Drainage Easement more particularly described in Exhi bits A and B attached hereto; and WHEREAS, Easement Grantee is will ing to accept said Easement provided the grant deed is a charge upon the above described property prior and superior to the 1 ien 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 1 and 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 decl ared, understood and agreed as foll ows: 1. That said Sewer and Draipage 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. 2. That Easement Grantee would not accept said Easement above described without this subordination agreement. <. L. I( 0 e 1718 <% < 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. It consents to and approves the grant of Sewer and Drainage Easement in favor of the Easement Grantee. 2. It 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 re1 iance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of Easement, the Easement is being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, and 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 Gc y <a/-* 7 This agreement represents an endorsemnt to the 3. *-,znt l+as-bcc:: p? xed y-tc sMoA by the- note secured b the % and deed of trust a ove 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 . - *. .4 .. \1 3. % .. , e 17 19 0 BENEFICIARY OWNER First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED PARTNERSHI P k Aviara Land Company, General Partner By: & 3 MGgw- > Kevin P. McKenna. Assistant q2pce Presid pt -amddq"b MA- By?- < , ,&/ €itm-sx~By' D. L. 9- ens, V.P. Tom Strobel, Vice President 9-W~dWRk 9"am OR ASSISTANT NOTE THAT THE PRESIDENT OR VICE-PRESIDENT V.P SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF ikIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SA12 IRCIViDCIAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: (Notarial acknowledgement ov execution by DEVELOPER and SURETY must be attached. ) "1 -;~ : % j , ,b, \ 0 0 *, . .I 1720 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO .I ) :ss /d, /?fy , before me, the undersi ned r otary public L?& ?2Lz.u" in dnd for said state, personally appeared corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me ttlat such corporation executed the same as such partner and that such partnership executed the same. Wi MY tness my hand Notkry Public in a Commission expires & 3; / 777 Name ,A%,~Lc~~A/ / A. /%&/a 1- D %A/ 0/6Gd ~LJNT-Y STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 On Aze /q /SF"/ , before me, the unders in And for said state, personally kincipal Place of Business ) :ss prcs.i.dcnt, at1d _____._.._ to be the mpany, a California Corporation the corporation that executed the within instrument and (personally to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. *, known to me) (proved to me on the basis of satisfactory evidence) Witness my hand MTiiLEEN A ARNl lloTARv PUBWULIFOI Not>ry Public in ana for said State ssion expiresc L?2.3, /9Y7 LEEN A4bvnLD \ 5?A/ D,i%O hdN7.Y Principal Place of Business 13 e, ' 'L ' ~ . ~.' . .1 .+ . 8 I, e 1221 a I '? 1 1 ? -% 'C !E .E ;o !g ;F i: :5 ;a 1 ) t 1 > ) ) I STATE OF CALIFORNIA COUNTY OF ORANGE On June 14 - 1989 , before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin P. McKenna and )ss. ) Tom Strobel , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as t Vj ce President and vi re p~~i~s~,~~~, on behalf of First Interstate Bank of California, the corporation therein named, and acknowledged to me that suchcorporationexecuted thewithin instru I/ * *. *- ).' . '4 , > 0 1722 EXHIBIT "A" LEGAL DESCRIPTION SEWER AND DRAINAGE EASEMENT THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO RASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COIJNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE COLJNTY RECORDER OF SAID COUNTY OCTOBER 30, 1936, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEJl A COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26 AND 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 00'42'22'' EAST 1311.77 FEET; THENCE LEAVING SAID EAST LINE NORTH 87"29'27" WEST 549.55 FEET; THENCE NORTH 30"17'15" EAST 433.80 FEET; THENCE NORTH 39"18'00" WEST 121.50 FEET; THENCE NORTH 60'52'15'' WEST 148.26 FEET TO THE TRUE POINT OF REGINNING; THENCE CONTINUING NORTH 60°52'15" WEST 29.52 FEET; THENCE NORTH 03 "00 '00" WEST 40.55 FEET; THENCE NORTH 27 O 00 -00 * EAST 63.35 FEET; THENCE SOUTH 63"OO'OO" EAST 25.00 FEET; THENCE SOUTH 27"00'00" WEST 56.65 FEET; THENCE SOUTH 03"OO'OO" EAST 49.55 FEET TO THE TD P( 1 INT ()F BEGINNING. ABOVE DESCRIBED PARCEL '*A'' CONTAINS 2626.27 SQ. FT. OR 0.060 ACS. MORE OR LESS. I) ,, - SEWER AND DRAINAGE EASFMENT PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES ; "u L//4/87 GE~+J~GEV-EE%TO& R.C.E. '145/94 REGISTRATION E IRES 3-31-93 6/14/39 CAP/* SB/5@ .r $, *!b ' * 17213 ' ,.I *b *!XW/B/ T Wl 27 2 I >LC, -I- 27 T 125 FWJl ~DDM - I-) I-) h/63°00'00'iw N 2 7 "00'.0~/E AV I A R A PHASE n N03°00'OO''W T. PO. 0. PARC€L. '2" T \ T C.T 05-35 PHASE1 U'iTB AV I AKA FDS 1 0 7 73 PLAT 727 /UU.STRAT€ S€w€P AND DRAIMAGE EASEM€NT TON f A55OCIATE5. NB?O29/2 7 OM/ &.EM.- 2/5-O4O-/5 6533SblJ Af!BChd !hkOn & RSSOCh$k&! I ~ Planners Engineers Surveyors 5986 La Place Court. Suite 170, Cartsbad, California 02008 (619) 438-121 PUOJ€CT NAME: (3FFS/irE &W€P G DRA/N'OE PROJ AV/ARA -PHASE /- L/~//T 5 €XH/49/7 0 PP3.3. /2 t.59S€N&NT No. I