HomeMy WebLinkAboutPR 3.4.106; NESSIM, GARY STEVEN; 1991-0581657; Easement1
"6 4; RECORDIN - REQUESTED BY c AND WHEN RECORDED MAIL TO
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Street Address 1200 Elm Avenue
City of Carlsbad I~O?.
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City & Carlsbad, CA 92008
State
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MAIL TAX STATEMENTS TO
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Name
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008
State
City of Carlsbad
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED PR 3.4.106
OF EASEMENT APN 156-190-57
The undersigned granior(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 CONSIDERATION7 receipt of which is hereby acknowledged,
Gary Steven Nessim
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 street and public utility easement 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.
DATED '7 /2 / 4 I
BY
STATE OF CALIFORNIA )
COUNTY OF S8-Q &/r&[) 1
On zl) 1- 1/ 2, 179 / before me, the
und&signed7 a Notary Public in and for said State,
persma!ly qyewxl 6&f2' ~~F?.Gw zw E.55 /PI 0
personally known to me or proved to me on the
basis of satisfactmy evidence to be ihe pers~n(s)
name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same.
WITNESS my hand and
Signature is area for official notarial seal) f/
MAIL THIS STATEMENT AS DIRECTED ABOVE
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF FARCEL 2 OF FARCEL MAP NO. 9739, IN THE CITY OF
CARLSEAD, COUNTY OF SAN DIEGO, STF-TE OF CALIFORNIA, FILED IN THE
OFFICE OF' THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1980 AS FILE PAGE NO. 30-67433 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE
ALONG THE NORTHEAST LINE OF SAID PARCEL 2, SOUTH 33'59'51'' EAST,
43.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 33"59'51" EAST, 10.00 FEET TO THE BEGINNING OF A TANGENT
10.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG
SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 89"58'50", AN ARC
DISTANCE OF 15.70 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
SAID PARCEL 2; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 55"
58'59" WEST, 10.00 FEET TO k POINT OF CUSP BEING THE BEGINNING OF
A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 89"
58'50", AN ARC DISTANCE OF 31.41 FEET TO A POINT OF TANGENCY WITH
SAID NORTHEASTERLY LINE OF PARCEL 2 AND THE TRUE POINT OF
BEGINNING.
AREA: 64 SQUARE FEET
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HIGHLAND DRIVE .z?os
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PORTION OF PARCEL 2.
TO BE GRANTED AS
ADDITIONAL STREET AND
PUBLIC UTILITY EASEMENT
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PROJECT NAME: EXHIBIT PROJECT
NESSIM STREET EASEMENT NO.
?.R.3.4.106 B
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6 ” CERTIFICATE OF ACCEPTANCE m7
This is to certify that the interest in real
property conveyed by the grant deed or easement,
dated J-uly 2, 1991 , from
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.
Gary Steven Nessim
DATED: November 4, 1991
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CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, CA 92008
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to as IlBeneficiaryll; present owner and holder of the deed of trust
hereinafter described;
WITNESSETH
THAT WHEREAS, Gary Steven Nessim did execute a deed of trust,
dated June 26, 1990, to Equitable Deed Company as trustee,
covering Parcel 2, Map No. 9739, to secure a note in the sum of
fifty thousand ($50,000.00) dated June 26, 1990, in favor of
Security Pacific National Bank recorded in the office of the
County Recorder of San Diego County on July 5, 1990, as File No.
90-365211 of Official Records of said county; and
'XHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated July 2, 1991, 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
AGREEMENTSUG-24.FRM -1- REV 4/90
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AGREEMENTS\AC-24.FRH -2- REV 4/90
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3. An endorsement has been placed upon the note
secured by the 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.
Executed this e-%\ day of /b%2L-c,A , 19 91 .
BENEFICIARY: OWNER :
Security Pacific National Bank
(.&- .”””)
BLf2
J Jerry B. Scott, Vice President (type name and title here)
Debra J. Hart, Vice President (type name and title here)
(Proper notarial acknowledgement of execution by BENEFICIARY must be attached)
(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.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City rney
LP*L* By : Deputy City Attorney fO/30/7 I
AGREEMENTS\AG-24.FRM -4- REV 4/90
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(Individual)
STkTE OF CALIFORNIA 1
COUNTY OF '
&&%/Lfif L T/j i / Vd?/ before me, 6,MY G' ,&.LI '>Li!&&a Notary public in and for mid State,
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' ("/gjfy qTFi'gN b - . personally appeared , E,& ; ,&7
, (known to me)
(or proved to me on the basis of satisfactory evidence1 to be the person- whose name / 5 s&,scriW to &e
within instrument and acknowledged that ,/#,fi executed the same.
WITNESS my had and official seal.
signa tu^, +L/*;/ /" d7, i f!, p &yi&./ --::> r NOTARY PUBLIC - WORNN
i"-"*-
Forrn3213(CA 12-82) (Thir area for official munil sed
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STATE OF CALIFORNIA 1 ss.
COUNTYOF AAnnplpr }
On February 8, 1991 , before me, the undersigned, a Notary Public in and for said State, personally appearec
-. Jerry B. Scott personally known to me or proved to me on the basis of
satisfactory evidence to be a Vice President, and Debra J. Hart
known to me or proved to me on the basis of satisfactory evidence to be a Vice President
of the SECURITY PACIFIC NATIONAL BANK,the association that executed the within Instrument, known to me to be the persons who executed the within
Instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that
such association executed the within Instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS
(Seal) JACKOLYN E. HOP
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
030874 8-83* 25 PS Bank Officer's Notarial Acknowledgement "
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EXHIBIT =A" .l?13
LEGAL DESCRIPTION
STREET DEDICATION
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 9739, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1980
AS FILE PAGE NO. 80-67483 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE ALONG
THE NORTHEAST LINE OF SAID PARCEL 2, SOUTH 33"59'51" EAST, 43.51 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 33"59'51"
EAST, 10.00 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A
ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID
SOUTHEASTERLY LINE SOUTH 55"58'59" WEST, 10.00 FEET TO A POINT OF CUSP
BEING THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL
ANGLE OF 89" 58'50", AN ARC DISTANCE OF 31.41 FEET TO A POINT OF
TANGENCY WITH SAID NORTHEASTERLY LINE OF PARCEL 2 AND THE TRUE POINT
OF BEGINNING.
AREA: 64 SQUARE FEET
CENTRAL ANGLE OF 89"58'50", AN ARC DISTANCE OF 15.70 FEET TO A POINT
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RECORDING REQUESTED BY AND 1 1 1 1 1 1
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
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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 22NDday of APRIL 1991 by
Gary Steven Nessim hereinafter referred to as 11Owner,tt owner of
the land and Home Savings of America, hereinafter referred to as
tlBeneficiaryt'; present owner and holder of the deed of trust here-
inafter described;
WITNESSETH
THAT WHEREAS, Gary Steven Nessim did execute a deed of trust ,
dated August 10, 1988, to Serrano Reconveyance Company Inc. as
trustee, covering Parcel 2, Map No. 9739, to secure a note in the
sum of one hundred one thousand two hundred ($lOl,20O.00) dated
August 13, 1988, in favor of Home Savings of -erica recorded in
the office of the County Recorder of San Diego County on August
16, 1988, as File No. 88-403199 of Official Records of said
county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated TULY 2, lqq 1 , in favor of the
City of Carlsbad as grantee herein referred to as "Easement
AGREEMENTSWG-24.FRM -1- REV 4/90
e 0 2 7.1 5
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
1 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 mentioned.
2. That Easement Grantee would not accept said
Easement above described without this subordination agreement.
3. That this agreement shall be the whole and only
AGREMENTSViG-24.FW -2- REV 4/90
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Ii 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
///
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///
3. An endorsement has been placed upon the note
AGREEMENTSUG-24.FW -3- REV 4/90
. ,-, I, "., e @ -In7
' 'I1 secured by the 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.
Executed this 22ND day of APRIL f 19 91 .
BENEFICIARY: OWNER:
8
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Home Savings of
ASSISTANT VICE/P~$DENT
(type name and titTe here)
/&4/r&-74u#.&> 1.
Gary Stbven Nessim 4
/--;;;/ /'3 ,"3,/7 ,&k-+??J/ L"- /;g-&z?z?z?- / "
PAT I~ANN'
ASSISTANT SECRETARY
(type name and title here) "-_ - "__I.. -
(Proper notarial acknowledgement of execution by BENEFICIARY must be attached)
(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.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City
By : DLPL Deputy City Attorney fo/ao/q,
AGREEHENTSVG-24.FRM -4- REV 4/90
II
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"~~e*"-@"" Acknowledgement
CALIFORNIA State of On J u 19 / 6 jw I before me, (154~~ c &f'% h
1718 - } ss.
County of 5- w DfGs e __ -qF9 fl h .A) -93A (I personally appeared
\I (
personaliy known to me (or proved to me on the basis of satisfactofy evidence)
the person(s) whose name(s) isrnsubscribed to the within instrument and ack;
edged to me that he/- executed the same in his/- authc
capacity(ies), and that by his/he+k+ )on the instrument the person
ed, executed the instrument.
THIS CERTlFiCATE MUST BE AnACHED
TO THE DOCUMENT DESCRIBED AT RIGHT:
Tr-1100 (1 1/90) Signer(s) Other Than Named Above '
"@"4-e*e"""@"
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LOAN #911480 '
STATE OF CAL I
COUNTY OF !€~Y%NGELES 1 ss. on APRIL 22, 1991 , before me, the undersigned, a Notary Public in and for
said State, personally appeared ROSALIE DOUGLASS and
, personally known to me (or proved to me on the - PAT MANN
basis of satisfactory evidence) to be the persons who executed the within instrument as ASSISTANT
.VICE president and ASSISTANT Secretary, on behalf of HOME
SAVINGS OF AMERICA, F.A. ,
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
WITNESS my and official seal fl A0
Signature Lew .
SF-425-9 (REV. C. 7/82) (CA) (CORPORATION)
CAROLYN E\-- -, _.___
I cARorrnGm 81 NOTARY "U PRIMCIPU twfla %"" 10s AWNS m MI hnuuiw, Exptras Wr, 16.19% ."
(This area for official notarial seal)