HomeMy WebLinkAboutPR 3.4.227; KAIZA POINSETTIA CORP.; 1994-0612499; Easement. FECORDING REQUESTED a
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eet Address 1200 Carlsbad Village Dr.
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City of Carlsbad
Carlsbad, CA 92008
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MAIL TAX STATEMENTS TO ii;$
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SPACE ABOVE THIS LINE FOR RECORDER'S USE rGqsqgg*aa CORPORATION GRANT DEED PR 3.4.227 OF EASEMENT APN 216-140-25.27.32 & 33
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 encumbranas remaining at time of sale.
( ) Unincorporated area: (x)City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Kaiza Poinsettia Corporation
a corporation organized under the laws of the State of California, 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: an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES (AVENIDA ENCINAS), over, under, upon and across the real property as described in Exhibit "A" consisting of two (2) page(s), attached hereto and made a part hereof. Exhibit "B" consisting of one (1) 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 President and Secretary thereunto duly authorid.
DATED t?tH v A4 .rqw -u STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On & q Zti ~ \qqLlbefore me,cWiF UE
(here insert n me and title of the officer , personally appeared Jog-\ u3 ski e A personally known to me - . )-hose -d to he 'thin instrument and acknowled ed to me that &h&-executed the th%authorized capacity(&, and that signature@ on the instrument the e entity upon behalf of which the
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<~ WLL- AIOTFWq POgLi '
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, executed the instrument.
WITNESS my hand and official seal.
Kaiza Poinsettia Corporation,
a California Corporaion
Name t<i;o+q ki;> -r; k [ 6%
' (Type or Print)
Title PrG.55 rdQ 81-t (Type or Print)
BY (Signature)
Name (Type or Print)
Title (Type or Print) le CHBISTINE S. HALL &seal) i ... 16. '. r- ?a 7
~JO+~Y"VV SAN DIEGO COUNTY
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y cor.)^, Ewniv~ CCT &
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BOUNDARY UNE
vF;A wA STf?EET DEDICATION
POR. OF LOTS 1 ,2 & 4 OF PM 13653 AND POR. OF LOT 80 OF MAP 11 616.
21 6-1 40-25,27,32,33
BASIS OF BEARINGS JJalmu& WEST LINE OF PM 13653 IE S 21'08'29" E mxu
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0% MSIGNED 6Y: T.C. M;TE: MY 1991
DRAWN BT:C.H.SCdll: 1'= 3"
PROJECT m.: G or). JC~ NO- 92-1016 CONSUTA
7220 hido Wna *rl Engin..ring WN~ OF mRK:
iabed, bluomio 92009 %-2&
MfAY 1 RCE: 32014 ,,
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619-931 -no0 Surnying FOX~O-PJI -am
EXHIBIT "B"
AVENIDA ENCINAS STREET DEDICATION
I PR 3.4.22
** 3 .* - - 0 54. P.R. 3.4.227
92-1016
5/25/94
EXHIBIT "A" AVENIDA ENCINAS STREET DEDICATION (EAST OF RAILROAD)
THOSE PORTIONS OF LOTS 1, 2 AND 4 TOGETHER WITH PORTIONS OF THE
STREET ADJOINING SAID LOTS, SHOWN AS AVENIDA ENCINAS, ALL AS SHOWN
ON PARCEL MAP NO. 13653, RECORDED JANCTARY 31, 1985 AS FILE NO. 85-
033316 OF OFFICIAL RECORDS, TOGETHER WITH A PORTION OF LOT 80 OF
MAP NO. 11616, RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402404 OF
OFFICIAL RECORDS, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP 13653 ; THENCE,
ALONG THE WESTERLY LINE OF SAID PARCEL MAP 13653, SOUTH 21O 08' 29"
EAST 1689.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING
SAID WESTERLY LINE, NORTH 56O 33' 41" EAST 32.04 FEET TO THE
BEGINNING OF A TANGENT 628 FOOT RADIUS CURVE, CONCAVE TO THE
NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 35 O 46 ' 09 11 A DISTANCE OF 3 92.05 FEET; THENCE
TANGENT TO SAID CURVE NORTH 2 0 O 47 ' 32 Il EAST 142.2 9 FEET TO THE
BEGINNING OF A TANGENT 712 FOOT RADIUS CURVE, CONCAVE TO THE
SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 43O 07' 25" A DISTANCE OF 535.89 FEET; THENCE
TANGENT TO SAID CURVE NORTH 63O 54' 57" EAST 143 -49 FEET TO THE
BEGINNING OF A TANGENT 628 FOOT RADIUS CURVE, CONCAVE TO THE
NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 25O 58' 37" A DISTANCE OF 284.72 FEET; THENCE
TANGENT TO SAID CURVE NORTH 37O 56 ' 20 'I EAST 103.67 FEET; THENCE
NORTH 52O 03' 40" WEST 6.00 FEET; THENCE NORTH 37O 56' 20" EAST
18.29 FEET TO A POINT ON THE WESTERLY LINE OF SAID WINDROSE CIRCLE,
' a- - Y SAID PO~NT BEING o Ib. HE ARC OF A NON-TANGENT 67 Y FOOT RADIUS CURVE,
CONCAVE TO THE WEST, A RADIAL TO SAID POINT BEARS NORTH 33O 52' 2311
EAST; THENCE ALONG THE WESTERLY LINE OF SAID WINDROSE CIRCLE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90
28' 51Il A DISTANCE OF 112.02 FEET TO A POINT OF CUSP WITH A 20 FOOT
RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL TO SAID POINT BEARS
NORTH 43O 21' 14" EAST; THENCE, LEAVING THE WESTERLY LINE OF SAID
WINDROSE CIRCLE, NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 95' 24' 54" A DISTANCE OF 33.31 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 37O 56' 20" WEST 100.73 FEET TO
THE BEGINNING OF A TANGENT 712 FOOT RADIUS CURVE, CONCAVE TO THE
NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 25O 58' 37" A DISTANCE OF 322.81 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 63O 54' 57" WEST 143.49 FEET TO THE
BEGINNING OF A TANGENT 628 FOOT RADIUS CURVE, CONCAVE TO THE
SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 43O 07' 25" A DISTANCE OF 472.66 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 2 0 O 47' 32 !I WEST 142.29 FEET TO THE
BEGINNING OF A TANGENT 712 FOOT RADIUS CURVE, CONCAVE TO THE
NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 35 O 46' 09" A DISTANCE OF 444.49 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 56 O 33 ' 41" WEST 5 0.3 5 FEET TO THE
WESTERLY LINE OF SAID PARCEL MAP 13653 ; THENCE, ALONG SAID WESTERLY
LINE, NORTH 21O 08' 29" WEST 85.97 FEET TO THE TRUE POINT OF
BEGINNING.
(AREA = 3.24 AC)
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 8 / 2 9 / 9 4 ,from Kaiza Poinsettia 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 the recordation thereof by it’s duly
authorized officer.
DATED: October 17, 1994
ALETHA L. RAUTENKRANZ, City Clerk
#LqFAMq &< P. ITLE CO.
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19-OCT-1994 11~29 AII
OFFICIAL RECORDS SAM DIEGO COUNTY HECOFXIER'S OFFICE
RF : 23.00 FEES: 61.00 GREGORY SMITH 7 COUHTY RECORDER
AF : 37.00 !IF : 1.00
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1 City Clerk 1 CITY OF CARLSBAD )
1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1
1 /Pq 567 3 6 I- 21, Space above this line for Recorder's use.
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS) II I
~~~~~~~~~~ ~ ~ ~~ ~~ ~~~ ~
APN: 216-140-17, 18, 25, 27, 32 and 33
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST
IN THE PROPERTY BECOMING SUBJECT TO
(AN) EASEMENT 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 22 day of %-f%&bea 19& by-
Kaiza Poinsettia Corporation, a California Corporation hereinafter
referred to as ttOwner,tt owner of the land and the Hyogo Bank,
Ltd., New York Branch, hereinafter referred to as ttBeneficiarytt;
present owner and holder of.the deed of trust hereinafter
described;
WITNESSETH
THAT WHEREAS, Kaiza Poinsettia Corporation, a California
Corporation did execute a deed of trust, dated November 5, 1990,
to First American Title Insurance Company, a California
Corporation as trustee, covering see attached Exhibit.I1Att, to
secure a note in the in the sum of thirty million dollars
($30,000,000.00) dated November 5; 1990, in favor of the Hyogo
11 AGREEMENTSVG-24.FRH ' -1-
REv 05/11/m I