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Home My WebLink AboutPR 3.4.250; SHELLEY, DANIEL T.; 1996-0119577; Easement&&D k$V&T, OF FlWsT AMER1m m ;" ._ * REC~RDING REQUESTED BY -~ 5 ~~ - -== & z ;=i 5' '=$ "7 " .-,>?> -5 .& ;- ; '".: i .:- - ,:-7 ii ;-" _..:- x 2:. _. . & -* i " e;'=- :s> . 2. 7 ; 5" <: 'AS * p : -2 :. i s i . i <4 -.. '",. ": -7 j <.: >2. . .: + : p 2 i ". % >ac cz I -: :z: :> & . . - 1"- ;-< ~ - *I *=- :9 " _. .; '1 = "-i cf- 2-.: : ... . 2 2 =: f ;=3 2 j -__ e3 - . -. . AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 -?i.?PT;; ?7.-:-;??:,: ('A;; ?..".-.:? .- -.~.~. . . "*! i _::. -,,.A,J,J i : ._.. ... :..-. 7 :"_.""i:_~'~ i . . . T :- ;..- .~. .- " 1809, _i .__".. . . . :-: ..> , . ".i~.~~"; .~ .". ?.7".?-.:.-. "r-"." .&:.;;':. . -.,,;-2:-,*.-:-:%. -: :; . ..L" . ..~... - .." ~ . . . ::.:.. .r.:- ::>,: :. - ::..? > -." ..-;.-: _..", .r: > . . i c..-:::.". ._... "... "?".7 L!T, !<+.<;:;: -,,- __ - -?::: ;: : .-.<,.-:. i : ;'<".:x.;:" .:, . . i . . : . ..,> : , >>>%,: - ?.- r. - ... ."., .-, :-: 1; : : : &,hi . .. . . .. ... I . ,. ." !.> , :. . .. . MAIL TAX STATEMENTS TO: EXEMPT Space above this line for Hecorder's Use The undersigned grantor(s) declare(s): Assessor's Parcel No. 264-01 032 Documentary transfer tax is $o.oO Project No. & Name PR 3.4.250, Rice Property, ( ) computed on full value of properiy conveysd, or CT 85-1 0 ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and - GRANT DEED OF EASEMENT w FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DANIEL T. SHELLEY, a married man as his sole and separate property, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public utility purposes over, under, upon, and across the property described in Exhibit."A consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B consisting of two (2) pages is attached for clarity only. DATED v I/; Jg&- STATE OF CALIFORNIA 1 ) COUNTY OF SAN DIEGO ) personally appeared Daniel T. Shelley and da B. shupe- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) %are subscribed to the within instrument and acknowledged to me that hf&e/they executed the same in k$her/their authorized capacity(ies), and that by hWfter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MAIL THIS STATEMENT AS DANIEL T. SHELLEY, a married man as his sole and separate property (Name of Company) B Name Danie! T. Sheliev I,/ (Type or Print) Title Owner (Type or Print) *r\+ ? e> L~~ -t ;-? 77 , qc L" L6 rc i,- :* BY -2 (Signature) Name P%&&!& Ba 5/#zd&??' tI L. (Type or Print) . _. TitleL&i& .& D&H'&ZL- d 7 -3$%5.LLCyy / ype or Print) m+z*GL.;Go%, ;/ _. i" r; -4 $ Comrn. 1026845 $ ." ' hQTARY WEL 4 . CALIFORMA I) €i %n Diego bmty !?y Cmn. Ex&es May 15,1998 2 -~ -4"./"V -a DIRECTED ABOVE ?- L' ,'\ *" - i < 0 0 EXHIBIT "A" - LEGAL DESCRIPTION 181 0 BEiNG A PORTION OF LOT 14 OF THE SUBDIVISION OF "RANCHO LAS ENCINITAS" PER THE MAP THEREOF No. 848, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP HAVING BEEN FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 27,1898, SAID PORTION BEING FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE BOUNDARY OF THE STREET EASEMENT RECORDED IN SAID COUNTY RECORDER'S A 60.00-FEET-SIDE STRIP, SAID STRIP HAVING A CENTERLINE DESCRIBED AS OFFICE AS DOCUMENT NO. 1993-0108952 ON FEBRUARY 22, 1993, DESCRIBED THEREON AS A CURVE HAVING A RADIUS OF 680.00 FEET; THENCE ALONG SAID . EASEMENT BOUNDARY SOiiTti 4'33'09" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE, SAID POINT BEING ON A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 650.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS NORTH 4O33'09' EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7'5600" AN ARC DISTANCE OF 90.00 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 77'30'51" EAST 171.27 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1000.00 FEET: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'40'20" AN ARC DISTANCE OF 168.81 FEET: THENCE TANGENT FROM SAID CURVE SOUTH 87'11'11" EAST 60.00 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE EAST HALF OF SAID LOT 14, SAID . POINT BEING THE EASTERLY TERMINUS OF SAID CENTERLINE; SAID STRIP IS BOUNDED WESTERLY BY THE EASEMENT GRANTED PER SAID DOCUMENT NO. 1993-0108952 AND IS BOUNDED EASTERLY BY SAID WESTERLY LINE OF THE EAST HALF OF LOT 14; THE HEREINABOVE-DESCRIBED PARCEL CONTAINS 3.675 ACRE, MORE OR LESS. Michael Anderson L.S. 6312 MY Group San Diego MAma Rev:8/26/35 (0017/002-011,G) PR 3.4.25 .- CITY OF OCEANSIDE 7 \ CITY OF VISTA SAN MARCOS SITE SEE SHEET 2 . .. ".." . I MICHAEL - ANDERSON NO SCALE ~ I , ‘.I -. STREET R/W DfDlCATED PER 93-0108952, O.R. NONE OF THE EASEMENTS LISTED i ON THE TITLE REPORT FROM CHI- CAGO nTlE COMPANY, ORDER NO. 7 168932-50, DAED 10/24/95, ENCUMBERS THE LAND wmIN WiS EASEMENT GRANT, OTHER THAN THE PUBUC ROAD EASE- MENT TO THE COUNTY OF SAN . DIEGO PER DOCUMENT RECORDED 4/04/1898, IN BK.272/P.86, OF DEEDS, S.419 EPSEMENT‘S LOCA- [SUNG MONUMENTATION. , TION BEING UNRELATED TO EX- L1 N4’33’09”E (R) ,’ L2 N2’41’00”W :. L3 N4’33’09’’E (R) T ~ I 1 ”=300’ NAME: STREET D .. 1' i . 0 e 1813 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 12/11/95 , ii-om Daniel T. Shelley 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, .. C-lifai-&, d p:*< --'.~uani it, auhoriry conferred by Resoiution 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: January 22, 1996 LkEL. k" i fi ALETHA L. RAUTENKRANZ, City klerk - *. 1 /- ' 1 .,,v; ?\,..C !RDm ~~pgT?F ?Y& $mw&Lz .9'. il " i RECORDING REQUESTED BY AND UHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ,/' i I I -@I; 3% " . . .. . :. ._ <; c=<.y: $ Fz 5 3 ;?+ 7- :=; -~-~ i -.c T :-., .-. c : . .. 7' ; 7 :?-; " ;..>ij " - ., i i ;. :-<""I :-: . . . -5. -7 : ?&. 'I: "_._ I. 2- ;- 7": - B .~. "-" .. " . . . . .. .. -~ - ~ e ,*. " .~ .. i I _i * i i c 't _&_ _. * ".. _- . I "..- "I ~c=-T ";.. - : 1:: '.;;;.;I-. <? .q> z "Z .x -=* 5 9" "? 1 L- . . - . . w2 > i . ". .. . . . . . . . . . . . . . . . , . . "-.-I.-.- '. *.-.-..-.?.?..- , . . . . , :.. .I : .. , :s .. .: _".. _._i ~.~ ,..- .;:- _... .,___ ".-: -.,"::-! ~~~~ ~ .-.- r-."". -.---.-.- I ..< ... : ..: , -, .-._.. . . . - . ~. . . . .. . ... i - . __._ .. .. . _.L_;.- -.u___i : .'>-.<2:%2&.? .-. - . &'A!.. y.:r.?"-, "7 :i - __" ~". . -._"-. -.mi.. .-.. ,-:-i..-L- r..-::. .+:,-;:; 2..: L,:: .f;. :;:.:;: i >,:.5,:- L: -.:., . ~ $3. , :i .; .;i.A:! i :x.L:"c .%!x:. F-: .".' -7". :-. :.i. - . -"~ ..._ ."-I .." . ._ .. .. :.: . .. . . , . .,> .... .__ ... i j ._ :r -. ... - ., . " - . .... >- - :. >:. 1814 I SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 264-010-32 PROJECT NO. & NAME: PR 3.4.250. Rice Property, CT 85-10 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE : THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT IN TEE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. 7. THIS AGREEMENT, made this // 'day of ~%%~"IYzZ~ 19%7by DANIEL T. SHELLEY , a married man as his sole and separate property, hereinafter referred to as 880wner,8t owner of the land and INSURANCE COMPANY OF THE WEST, hereinafter referred to as t1Beneficiary88; present owner and holder of the deed of trust hereinafter described: I I WIT~SSETH THAT WHEREAS, Daniel T. Shelley did execute a deed of trust, dated September 14, 1989, to Western Insurance Holdings, Inc., as trustee, covering a portion of Lot 14 of Rancho Las Encinitas, Map No. 848, in the City of Carlsbad, County of San Diego, State of California, recorded on June 27, 1898, to secure a note in the sum of UNKNOWN ($ N/A) dated UNKNOWN, in favor of Agrments\AG24.frm Rev. 8/26/95 .. 2 :, I 0 * 0 1815 Insurance Company of the West recorded in the office of the County Recorder of San Diego County on October 5, 1989, as File No. 89- 538584 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT dated AUGUST 26. I!%, in favor of the City of Carlsbad as grantee herein referred to as llEasement Grantee," creating the EASEMENT more particularly described in Exhibits A t B 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 L 1 i I 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 accruingto the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby I I acknowledged, and in order to induce Easement Grantee to accept said EASEMENT above referred to, it is hereby declared, understood and agreed as follows: Agreementsv\G24.h Rw. 6/26/95 .. ,(.I I e 1816 1. That said EASEMENT in favor of Easement Grantee shal unconditionally be and remain at all times a charge on the propert therein described, prior and superior to the lien or charge of th deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMEN above described without this subordination agreement. 3. That this agreement shall be the whole and on1 agreement with regard to the subordination of the lien or charge o the deed of trust above mentioned to the EASEMENT in favor o Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed o trust and EASEMENT hereinbefore specifically described, any prio agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust abov mentioned, which provide for the subordination of the lien or charg thereof to another interest in the real property therein described. Beneficiary declares, agrees and acknowledges that: 1. We consent to and approve the grant of EASEMENT i favor of the Easement Grantee. 2. We intentionally and unconditionally subordinat the lien or charge of the deed of trust above mentioned to th EASEMENT in favor of Easement Grantee above referred to an understands that in reliance upon, and in consideration of, thi subordination of the grant of EASEMENT is being executed an delivered, the EASEMENT is being created, and that specific monetar and other obligations are being and will be entered into by th Easement Grantee, other lenders and title insurance companies whic AgreementsWG24.h Rev. 6/26/95 0. ti. , ? 0 e 1817 would not be made or entered into but for said reliance upon the subordination. 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and 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 // day of L%ZLEHL~~SL , 19 957 .a/ BENEFICIARY: OWNER: INSURANCE COMPANY OF THE WEST n k!&?r\ey * *,i fi - G6-c (title and draanization of \ &J\& [Lad& (print name here) i QxiciQdk~~ld-Fpcx (title and organization of signatory) - DANIEL T. SHELLEY, a married man as his sole and separate property A B Daniel T. Shellev / (print name here) Owner (title and organization of signatory) 46mA 6- 5kdfi&tfiv- (print name here) @!&z D6.f &Z!Mf>& r $//z&g- (title and organization of signatory) (Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL I SLR. d3- City Attorney,- 18 -96, AgreementsMG24.frm Rev. 6/26/95 /I I a. ; .- I, *!I e 0 1 /I State of California 1 1 1 County of San Diego 1 1818 On 0" 11, (Date) personally appeared " - 1,. q d u ', , personally known to me - OR- 0 (or proved to me on the basis of satisfactory evidence) to be the person($- whose name(s) pare subscribed to the within instrument and acknowledged to me that kpShe/they executed the same in hwtheir authorized capacity( ies) , and that by */their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I P - /-L'"- - - - P WITNESS my hand and official seal (This area for official notary seal) \I Agreernents~G24.h Rev. 6/26/95 I*, ,s * <. 0 0 1819 State of California 1 1 County of San Diego 1 On - 91si.n LL/ /? /q q3;efore me, L%,~,s %=E /%i ZA~, (Date) ' (Name, Title of Off'cdr) personally appeared dl L? % LiihyPk- 4 @J" z,,, 2 &L&- (Name[s]-of Signer[s] , @ personally known to rie - OR- 0 (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s) lkare subscribed to the within instrument and acknowledged to me that-/they executed the same in kizq%er/their authorized capacity( ies) , and that by -/their signature (s) on the instrument the person(s) , or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) 1, .. Title or Type of cument ii:, bd/kz~, oa~!oq .~Z:rMpm. a e 7~ Date of Document ~JMAP~ /2,, /~PJ No. of Pages 4 Signer (s) other than named above / av& /. -Ts%'4/A Y', /&& " 9 3 S/L/L'/ i f% /- / s-4,d A (7 ,/ d..k'# / // tJ CJ"i?I/ Ii AgreementsW3-24.h Rev. 6/26/95 ll I I7 *. L ; r 0 e 1820 EXEIIBIIT "A" - LEGAL .DESCRIPTION BEING A PORTION OF LOT 14 OF THE SUBDIVISION OF "RANCHO LAS ENClNITAS" PER THE MAP THEREOF No. 848, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP HAVING BEEN FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 27,1898, SAID PORTION BEING FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE BOUNDARY OF THE STREET EASEMENT RECORDED IN SAID COUNTY RECORDERS THEREON AS A CURVE HAVING A RADIUS OF 680.00 FEET; THENCE ALONG SAID . EASEMENT BOUNDARY SOUTH 4'33'09' WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE, SAID POINT BEING ON A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 650.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS NORTH 4'33'09'' EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7"56'00" AN ARC DISTANCE OF 90.00 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 7730'51" EAST 171.27 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1000.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9"40'20" AN ARC DISTANCE OF 168.81 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 87"11'11" EAST 60.00 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE EAST HALF OF SAID LOT 14, SAID A 60.00-FEET-SIDE STRIP, SAID STRIP HAVING A CENTERLINE DESCRIBED AS OFFICE AS DOCUMENT NO. 1993-0108952 ON FEBRUARY 22,1993, DESCRIBED ' POINT BEING THE EASTERLY TERMINUS OF SAID CENTERLINE; SAID STRIP IS BOUNDED WESTERLY BY THE EASEMENT GRANTED PER SAID DOCUMENT NO. 1993-0708952 AND IS BOUNDED EASTERLY BY SAID WESTERLY LINE OF THE EAST HALF OF LOT 14; THE HEREINABOVE-DESCRIBED PARCEL CONTAINS 0.675 ACRE, MORE OR LESS. Michael Anderson L.S. 63 12 MAY Group San Diego MA:ma Rev:8/2GMS (0017/002-OI1.C) PR 3.4.250 CITY OF OCEANSIDE I CITY OF VISTA . .. > ,I STREET R/W DEDICATED PER 93-07 08952, 0. R. NONE OF WE EASEMENTS LlSED i ON THE l7TE REPORT FROM CHI- CAGO TITLE COMPANY, ORDER NO. 7 168932-50, DATED 10/24/95, ENCUMBERS WE LAND WIJHIN WIS EASEMENT GRANT; OTHER MENT TO THE COUNTY OF SAN ! WlEGO PER DOCUMENT RECORDED 4/04/1898, IN BK.272/P. 86, OF DEEDS, SAID EASEMENT'S LOCA- TION BEING UNRELATED TO EX- lSi7NG MONUMENTATION. THAN mE PUBLIC ROAD EASE- 1 "=300'