HomeMy WebLinkAboutPR 3.3.21; Aviara Land Associates, LP; 1991-0515296; Easement~ i 'RECORDING REQUESTED BY
AND WHEN RECORDED R I IL TO
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Street Address 1200 Carlsbad Village Drive
City & Carlsbad, CA 92008 f i& : $,C$ State
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MAIL TAX STATEMENTS TO
r- 1 I Name Street Address EXEMPT
City & State L _J
SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GRANT DEED PR 3.3.21 Cc-i-8.i -3 7)
OF EASEMENT .O)c(& APN 215-612-13
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The undersigned grantor(s) 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,
Aviara Land Associates Limited Partnership, a Delaware Limited Partnership
a limited partnership organized under the laws of the state of Deiavare hsreby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad County of San 3iego, State of California:
for an easement for sewer purposes as described in Exhibit "A" consisting of one page,
attached hereto and made a part hereof. Exhibit "B" consisting of two pages is attached
for clarity only.
DATED July 17, 1991 Aviara Land Associates Limited Partnership, A Delaware Limited Partnership
STATE OF CALIFORNIA )
COUNT OF SAN DIEGO )SS.
23gj.gj.. By: Aviara Lan Co pany, a Delaware Corporation,
A General artn r
D. L. C1 ens, resident
By: !)JL&Y"- Ted L. Hoover, Assist. Secretary
By: Re ublic Development Company,
On see attached before me, (here il
name and title of the officer), personally appeared , personally known to me I
prclved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the wi
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persol
acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
MAIL THIS STATEMENT AS DIRECTED ABOVE
0
- STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss. I
‘1481
On Julv 17. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me -e 1 to be the person who executed the within instrument as the
Vice President and Ted L. Hoover personally known to me e-qxwd to me ms - to be the person who executed the within instrument as the
Assistant Secretarv of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf 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 and official seal.
IL/Lm d- O&y& -
NOTARY PUBLIC
(Seal)
STATE OF CALIFORNIA
COUNTY OF San Diegc
I I ss: I
On Julv 17. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to mew ; to be the person who executed the within instrument as the
Vice President, and Ted L. Hoover, personally known to me >
-0 be the person who executed the wthln instrument as the Assistant Secretary of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf 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 and official seal.
(Seal)
!&CW a- 63 f lu\/EF- I NOTARY PUBLIC
0 0 i482
EXHIBIT IrA"
07/01/91 (RRW)
40,17;SV P2OSWL
PHASE2. COR LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 16451, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON APRIL 15, 1991, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY POINT OF SAID PARCEL 7, SAID
POINT BEING AN ANGLE POINT IN THE WESTERLY BOUNDARY LINE .OF
SAID PARCEL MAP NO. 16451, SAID POINT ALSO BEING THE
NORTHERLY TERMINUS OF THE COURSE SHOWN AS NORTH 17"45'00"
WEST, 846.44 FEET; THENCE ALONG SAID WESTERLY BOUNDARY LINE
SOUTH 17"45'00" EAST, 250.14 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE SOUTH
88"41'19Iv EAST, 20.13 FEET; THENCE SOUTH 12°20'0011 EAST,
201.52 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID
PARCEL MAP NO. 16451; THENCE ALONG SAID WESTERLY BOUNDARY
LINE NORTH 17"45'00" WEST, 207.19 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVR DESCRIBED PARCEL OF LAND CONTZiINS 0.045 ACRE
MORE OR LESS.
PREPARED BY:
P&D TECHNOLOGIES
A, n
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d %z-v DALE A. DAVIS L.S. 5894
LICENSE EXPIRES 12-31-92
SHEET 1 OF 1 SHEETS
" €xHlB/r 'B" $433
SHEET f OF 2 SHEETS
I
LEGAL D€SCR/P77ON
NO. 16451
BASIS OF B€AR/NGS
A POR77ON OF PARCEL 7 OF PARCEL MAP
THE BASIS OF BEARINGS' FOR 7HlS MAP IS A
PORDON OF THE EASTERLY LINE OF SEC77ON
27, TOWSHfP 12 SOUW, RANGE 4 WEST; SAN
BERNARDINO MERIDIAN, AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, 1.E NO0VZ2ZnW
~
800' i 4 800'
GRAPHIC SCALE: 1"=800'
I AREA OF DEDICA77ON
THE AREA TO BE DEDICA ED 1s 1971 SQ. ~7; OR 0.0452 A CRE
A. p. Nb
215-612- 13
SEE DETAIL
SHEET 2 OF EXHIE/ T "6' I*
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DALE A. DAMS L.S. 5894 uc EXP. DA E: rz-3r-92
P# ~~NOLOG/ES 401 IUEST "A' S?REET SUIE 2500 SAN Dl€#, CXIFORNIA 92101 (619) 232-4466 FAX 232-3022
PROJECT NAME EXHf6f T PROJECT NO.
A VIARA PHASE 2 OFFSIE S'KR €AS€M€NT 8 ~~3.3~1
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,. * P. 0.c =L- .ANGLE porn- lN e EXHIBIT W j
7HE *'"L Y BDR K SHET 2 OF 2 SHEEE 1484
* OF P.M. 16451
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LEGEND = DEDICA EL7 HEREON SEWER EA SEM€N T
\x $ 4 1;
m Ptw EwNoLoa€s 401 mr 2- sm.z sum 2500 SAN DIEGO, CXUFORNIA 92?01 (619) 2.72-4466 FXX 232-3022
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PROJECT NAME PROJECT NO 1 EXH/BIT
A WARA PHASE 2 OFFSIE SEW/? EASEMENT I P/?3.3.2?1 B
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CERTIFICATE OF ACCEPTANCE '14.35
This is to certify that the interest in real
property conveyed by the grant deed or easement,
dated July 17 9 1991 , from
Aviara Land Associates Limited Partnership
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 the recordation
thereof by its duly authorized officer.
DATED: October 1, 1991
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b RE~ORDING R ESTED BY AND 1 WHEN RECORDED MAIL TO: 1 q"";&";s3b -7 *- -i- 2 - 9 ~ j-, 7 r- fl -3 & 3 2 = = LL3 7a f ai? a_. j
'ci I - . II \ CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, CA 92008
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Space abed this line for RecO%&rls use!':' /... <-: f?f?
SUBORDINATION AGREEMENT
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 ATTACIHES AND HAS THE POTENTIAL EFFEC!T OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
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.. 0 9497 WHEREAS, Owner has executed, or is about to execute, as
AGREEMENTS\AG-24.FRM -2- REV 4/90
/I
..
,, I> 0 1488
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. This Agreement represents an endorsement to the
note secured by the deed of trust above mentioned and that said
///
///
///
///
AGREEMENTSUG-24.FRM -3- REV 6/90
*% ’.? 1% ’
a . 1489
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 17th day of July , 19” 91
BENEFICIARY: OWNER:
1
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First Interstate Bank Aviara Land Associates Limited of California, a California Partnership, a Delaware Limited PartnershiD (Name of Owner)
and Company, A Corporation, General
(sign herejp
,kc%$4- (L /tld512 c-” \
/$-Q5<G4f- (3p.u& ! &{
(Print name here)
e-”-
.” (title and organization of Signatory
By: Republic Development Company >> A Calif rnia Corporation, Gener 1 artner
D.L. ns, Vice President
By : Ted L. Hoover, Assistant Secretary
I1 (Proper notarial acknowledgement of execution by BENEFICIARY must be attached)
4 (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.)
w APPROVED AS TO FORM: 11 VINCENT F. BIONDO, JR.
WITH APPROVED AMENDRENT)
AGREEHENTS\AG-24.FRM -4- REV 4/90
a e
STATE OF CALIFORNlA COUNTY OF Orange
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On Jnlv 17 1991 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Mark D. Whalen and Mona L. Russell , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
Vice President and Assistant Secretary, on behalf of
nf CA~ 1 fnrnl R ,
the corporation therein named, and acknowledged to me that
suchcorporation executed the within instrument pursuantto its
by-laws or a resolution of its board of directors.
-2% -...._
I. I ". (This area for official notarial seal)
~I
%* .t e 0 ‘‘I 4 9 3
, STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss. I
On July 17, 1991 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me-e 1 to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to mevahis w to be the person who executed the within instrument as the
Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that
executed the within instrument on behalf 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 and official seal.
(Seal)
he(& LL- &*bye@
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss: I
On July 17. 1991 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to meormxrthe
Vice- and Ted L. Hoover, personally known to me -is -to be the person who executed the within instrument as the Assistant Secretary of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf 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 and official seal.
.I e* to be the person who executed the within instrument as the
(Seal)
IAAL/Dc- a- O(&bfk-+
NOTARY PUBLIC
.>
'L
I* .I e e h92
EXHIBIT rrA'r
07/01/91 (RRW)
40,17;SV P2OSWL
PHASE2. COR
LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 16451, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON APRIL 15, 1991, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY POINT OF SAID PARCEL 7, SAID
POINT BEING AN ANGLE POINT IN THE WESTERLY BOUNDARY LINE OF
SAID PARCEL MAP NO. 16451, SAID POINT ALSO BEING THE
NORTHERLY TERMINUS OF THE COURSE SHOWN AS NORTH 17"45'OOr1
WEST, 846.44 FEET; THENCE ALONG SAID WESTERLY BOUNDARY LINE
SOUTH 17"45'00" EAST, 250.14 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE SOUTH
88°41'191r EAST, 20.13 FEET; THENCE SOUTH 12"20'0011 EAST,
201.52 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID
PARCEL MAP NO. 16451; THENCE ALONG SAID WESTERLY BOUNDARY
LINE NORTH 17"45'OOr1 WEST, 207.19 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF TAND CONTAINS 0.045 ACRE
MORE OR LESS.
PREPARED BY:
PLD TECHNOLOGIES
r-Z-S/
DALE A. DAVIS L.S. 5894
LICENSE EXPIRES 12-31-92
SHEET 1 OF 1 SHEETS
r
c. , ,* ,s @ EXHIBIT $I,,@
SHEET { OF 2 SHEEE 1493
LEGAL D€SCRP 77ON
BASIS OF BEARINGS I A POR77ON OF PARCEL 7 OF PARCEL MAP
NO. 16451
WE BASIS OF BEARINGS FOR 7HIS MAP IS A
P OR77ON OF WE EASERL Y LINE OF SECnON
27, TOWSHIP 72 SOUnl, RANGE 4 WEST; SAN BERNARDNO MERILXAN, AS SHOW ON RECORD
800' 0' 800'
OF SURVEY MAP NO. 10774, IL NOOVZZ~W
AREA OF DEDICA770N WE AREA TO BE DEDICA ED IS 1971 SQ. FZ
A. P. N'
215-612-1.3
OR 0.0452 ACRE
SEE DETAIL
SHEET 2 OF EXHIBI T "B ''
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DALE A. DAMS L.S. 5894
LIC EXf. DA E: 12-37-92
Pew 7EmNoLmE.s 407 KST '2" SREE): SUJE 2500 SAN OFGO, CAUFORNM 92101
(619) 132-4466 FAX 232-3022
PROJECT NAME- PROJECT NO. EXHIBI T I A WARA PHASE 2 OFFS/F SEWER EASEMENT B PR3.3.27 .
c * ExH/m- '9
. HE W'L Y BDR): SH€U 2 Of 2 SHEEE .&I 4 9 Q
OF PIM. 16451
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S€ER EASEMENT til y////1 DEDICA TED HEREON \- \\
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f&u TEmNoLoGIEs 101 Msr "A- SREEZ SUITE 2500 SAN DIEGO, C'FORNIA 92101 (619) 232-4466 FAX 232-3022
PROJECT NAME EXHIBIT PROJECT NO
A WARA PHASE 2 OFFSUE SEWER EASEMENT B PR3.3.21