The URL can be used to link to this page

Home My WebLink AboutPR 3.4.102; YAMANAKA, MARK & JERIANN; 1991-0126540; Easement. .<a ,, RECORDING REQU WED BY 4. 4ND WHEN RECORDED MAIL TO - Name Street Address 1200 Elm Avenue c;+-, Cier k 1 City of Carlsbad City & Carlsbad, CA 92008 State L - I re; s.* _J .. , .z -I ....... ::::-. - - .". - - - ;=* == ==? == = >- :=: ., - .~ ._. % j . Fa.. > 5 . ": .:e. -I - .I = 1 .. "I- .";... ....... .... ." .. <-* 3 i .+ i - i -5 : .~ ;zy<L$ - .. - ._ _. . < ..* "- " -.i " _. . 3 fj .a'? .-: .-= %" + <" - " ". i L" : -:=:- ii i - __ ."."... = " - . " - - ii- -. = . . I -" .~ - i -e -?; .: - .- I = ,I L ,.rv .. . ..- .. - . . - ". ." " __ ." : - ' r__ i ._.. , :. :,:.: ': ..... .-.. -Y... .... - .,-, !, :.,7:--..-. .--:..:-.> *,".."" ^?_ ","" ...... .. i .. - .. - - . - - - ... - " - ... -. - .. .- -. .. - -. .- ...... .. ., .... ".r_ ". . , . .-,. ,, .-. -..-. - . ~ - - " - " ..1 ....... ;. ....... " . 7 '" ," .- ... ....... ..... ... - - - - - - ".. ~. -: . . :I ..... .. ....... .. .... .. .. ......_ - -. ..-.-__ ,.: .. -1- -. .. ... ... - i .* .-. I .- .. L;;. ... .... -. .-. " ~~ MAIL TAX STATEMENTS TO r" Name Street Address 1200 Elm Avenue 1 City of Carlsbad City & Carlsbad, CA 92008 State L _I =?&I&,' .- / -5-6 ..C a;? 3- /I % 2- SPACE ABOVE THIS LINE FOR RECORDER'S USE $ ': GRANT DEED OF EASEMENT PR 3.4.102 APN 205-150-08, 13 The undersigned grantor(s) declare(s): ON 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)Clty of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mark Yamanaka and Jeriann Yarnanaka hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad County of San Diego, State of California: a roadway easement as described in Exhibit "A consisting of 1 page, attached hereto and made a part hereof. Exhibit "B" consisting of 1 page is attached for clarity only. DATED ;b',/pl .. '\ BY \y-)$fl A,, i -\-CL 1 MARKYk&fANAKA \ - .- STATE OF CALIFORNIA 1 COUNTY OF &I ? /p/ k% 6 / 1 \> / i \ ', B On ,%JI. // , /PG/ before me, the ,undersigned, 'a Notary Public in and for said State, 'personally appeared SGr' [ I/~I~CJZ&L a id F/,c QA cIc;f13/c;-/3C,KC*- "."_."""" "" personally know to me or 1-n the basis of satisfactory evidence to be the person(s) name(s) is/.xe subscribed to the within instrument and aiknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. - ., J SignaturG-Ul- Q+~z?R~K (This area for official notarial seal) MAIL THIS STATEMENT AS DIRECTED ABOVE . .at,f' 4. '* : *, a e L. 1048 EXHIBIT "A '' - A PORTION OF LOT 7 IN BLOCK "B" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 2152 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHWESTERLY LINE THEREOF NORTH 26°11f00" EAST, 5.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 470.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 12°19'23" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 18°55'3811 FOR AN ARC DISTANCE OF 155.26 FEET: THENCE SOUTH 26°11f00" WEST, 5.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 465.00 FEET, A NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 19°08'02" FOR AN ARC DISTANCE OF 155.29 FEET TO THE POINT OF BEGINNING. RADIAL TO SAID POINT BEARS NORTH 31°18'1818 EAST; THENCE Area = 0.018 Ac. C JN558QC.LGL 7-30-90 [rd - I~DICATE~ AREA OF DEDI CATID~J AKER -= 0.018 Ac . -a j 4YDUT PiPEPARED BY CREW ENGINEER1NG i' fDRK YI,& 5715 KEAMY VILLA kD. ,STE. C i PROJECT NAME: I PR03. tEXH1E 1 YAAA/VRK A D€D/CATION N 0. KR. 3.4. 102 I3 r x' a. 0, 1050 CERTIFICATIOM FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property 'conveyed by the easenlent dated January 11, 1991 ' Mark and Jeriann Yamanaka from to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlshd I California pursuant to resolution No. 91-42 . , adopted 011 - February 5, 1991 , and the grantee consents to tllc recordation thereof by its duly authorized officer. DATED: March 12, 1991 By : &-a c/ dl, *& u b ,-11& ALEY'IIA L. €G&x:NKI~~\Nz, city ~lerlc ~- _i";c3--- ~. I. I m 1051 ; @ _,I .". .. 1. i. :-: ?- <- p: ?; :=. -< = .< .=. ~". .. RECORDING R ESTED BY AND 1 WHEN RECORDED MAIL TO: 1 - : .5 ". . i=-. .. - .- - . . "-"2; i i .,_ ~ - .A : _- - .. . .- .. .. - ~. - " . ,. .- : -~ :: s = = = . ." .. " - " - . . . , , . .." .. .. . . __ - "~ ~" .% i- .< 7 - i . ._ - = i 5" ~ -i " ;:: y; -.:: " L f' .-,-- " . : ~- - .. .- i :_ - " .~ - .. ,- _" . . . . . -. - -* .. - ... - .. - cny CITY 1200 l?" 4@= 1 1 1 OF CARLSBAD Elm Avenue .- I. ~ .__,,j__ -,.- ; -. "":-.-.?":-. -1--.-.- . .. . , . -.-, . ..-..-. .. . .: - 2.. . ... _.-:_ - - . . 1 . . . . .- . . , . ~.. - - .~ -. _... i .. . .. . "..- :>_ , . ~ . . j. :- :-_.->- . . .-.,,,:,.I ;: 2- ... . . . :.,.:..:-. - - >,. . _ii . ."_._. -_ . . - - . - . - . __ .,:. ! ...._. .. .-" ,-- . , . . . - . . - . ..,. Carlsbad, CA 92008 . 1 . " -,-.-.- . .. - .. I -. . .. . "- .. .. - . .. . . Space above this line fo 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 ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. .) ' THIS AGREEMENT, made this 10th day of January 19% b Mark Yamanaka and Jeriann Yamanaka, hereinafter referred to a; "Owner," owner of the land and Rancho Santa Fe National Bank, hereinafter referred to as "Beneficiaryl1; present owner and holdel of the deed of trust hereinafter described; VITNESSETH THAT WHEREAS, Mark and Jeriann Yamanaka did execute a deec of trust, dated October 5, 1990, to Ticor Title Insurance Company, Inc. as trustee, covering a portion of Lot 7 of Block llBt@ of Bella Vista, according to Xap No. 2152 filed in the office of the San Diego County recorder March 7, 1929, to secure a note in the sum of three hundred thirty-one thousand dollars ($331,000.00) dated October 5, 1990, in favor of Rancho Santa Fe National Bank recorded in the office of the County Recorder of San Diego County on October 11, 1990 as File No. 90-0555205 of Official Records of I Said! CGGntY; and WHEREAS, Owner has executed, or is about to execute, as l grantor, a grant of Easement dated 1-10-1991 , in favor of the 1 City of Carlsbad as grantee herein referred to as "Easement ~ AGREElsEWTSUG-24.FRN -1- REV 4/90 I ~ - 0 1052 Grantee, II 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 tho Easement created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties heretc 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 01 charge of the deed cf trust above mentioned. 2. That Easement Grantee would not accept said AGREEMENTSUG-24.FRM -2- REV 4/91 .- ~ * I053 0 Easement above described without this subordination agreement. 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 tinderstands that ir. 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 1 /// /// AGREEHENTS\AG-24.FRM -3- REV 4/90 I I. -_a 1 a 105c L ,/ not be made or entered into but for said Geliance upon the waiver relinquishment and shbordination; and Executed this 10th day of January 91 I 19" BENEFICIARY: y. dichael R. Peters, Executive Vice President B OWNER: By: i 7 i?s(, 0- Mark Yamanaka of execution by SUBDIVIDER mus: and secretary or assistant secretar: . If only one officer signs, thc olution certified by the secretary 0: rporate seal empowering that offlce; to bind the corpora APPROVED AS TO FORM: T F. BIONDO, JR. AGREEMENTSLAG-24.FRM -4- REV 419 I1 e 0 1 Q) F -c, ; "z., B 08 2 sg 2 ZS 9 ag i Ed -s -Plu .E e .z .= d I- -aj a e E llllllli STATE OF CALIFORNIA 1 (Corporation Acknowledgment) ) ss. County of Sari Diego 1 1045 On this a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as EVP ! VP or on behalf of the corporation therein named, and acknowledged to me that such corporation executed it. 10th day of January , in the year 19 91 , before me, the undersigned, d T,ind;l M. Rose J- J- -1. * J- -1. J- -1. -1. J- -1. -1. -1, -1. "r nnn n,.nnnn,\nnnn WITNESS my hand and official seal. Q9 , /C"--d<- f' <L & Notary Public in and for said County and State. L,*%< +*x; 4 f7fi.T. &.5A '3,:,=:(3;.5>" S=JS:l- (j /(g&.z&:;j;<t8 3.. ;:.:;:;;I': .!;-;.:? ';l.Ni, ]d.d.< ~ \; <,-,..,; ,lj. Z?"" ,' e? 2- '. i.;!'r'r , i. ,8 <. , ! ?, , ,:; .,_ :.- <>- ._. ....' .;," , ,\ .,,I ,/. ',+ . b,kF2;gqjJjj Fz,>,,,;i:" I ._ {>-c,"- -. , ,- L .. i.jj i "-3 A" -1. ?LW S.?:;~.-GijCC,.!i,i': 1 I -" _- !"y ccn:?k!37 2.3 ?;;,j;ly & 1 s.;'i ' -2 FD-I F (Notary Seal) INDIVIDUAL ACKNOWLEDGMENT h I ss. LL i - County of SGO 0, em 1 eCwn cad=\ t=.lmorce Y the undersigned Notary Public, personally appeared I Q~K \I~OGKG md T~&P+,~~~C~I deersonally known to me TEREEN ONEAL-EMO proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) within instrument, and acknowledged that executed it. WITNESS my hand and official seal. afc*T,S,,,,ibed to the Notary's Signature ATTENTION NOTARY Although the information requested below is OPTIONAL, it could prevent fraudulsnt attachment of this certificate to another document, THIS CERTIFICATE Title or Type of Document g&rd i QGhA 0 &GfCe.W.fl b : MUST BE ATACHED Number of Pages 5 Date of Document k3n. 10* 1491 ' TO THE DOCUMENT DESCRIBED AT RIGHT: 7100-010 0 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave. - P.O. Box 7184 - Canoga Park, CA 91: D I 4 ..- < .c 8 e EXHIBIT "A" . 1.0.5-6 , A PORTION OF LOT 7 IN ELOCK rrB" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING ' TO MAP 2152 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHWESTERLY LINE THEREOF NORTH 26°11'00" EAST, 5.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 470.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 12°19'23r1 EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 18e55t3811 FOR AN ARC DISTANCE OF 155.26 FEET: THENCE SOUTH 26°11'00'1 WEST, 5.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 465.00 FEET, A NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 19°08'02'1 FOR AN ARC DISTANCE OF 155.29 FEET TO THE POINT OF BEGINNING. RADIAL TO SAID POINT BEARS NORTH 31°18818't EAST: THENCE Area = 0.018 Ac. C JN558QC.LGL 7-30-90 0 f 1 ". . . b *e . 9 * * &fldLGg qy /i 4 $?( .I