HomeMy WebLinkAboutPR 3.4.347; SROUFE, R. C. & N. J. TRUSTEES; 1999-0224317; Easementc .*
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WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
MAIL TAX EXEMPT STATEMENTS TO: Ill lllllll lllll I1 I
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.Carlsbad, CA 92008
EXEMPT 1999-022431 7
I1 i i )' j'y z i . LL., I SPACE ABOVE THIS LINE FOR RECORDE
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 208-04(
Documentary transfer tax is $o.OO/&d; 6"- ,.?!. Project No. & Name: PR 3.4.
( ) computed on full value of property conveyed, o RANCHO REAL, CT 90-13
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale.
GRANT DEED OF EASEMENT
~ ~ ~~~~
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
R. C. Sroufe and N.J. Sroufe, as trustees of the Sroufe Family Trust
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State
Californk
an easemehr public street and public utility purposes over, under, upon and acros:
the real property as described in Exhibit "A" consisting of one page, attached hereto anc
made a part hereof. Exhibit "B consisting of one page is attached for clarity only.
!I
DATED \ 3 .I?& !q 8 R. C. Sroufe and N.J. Srl trustees of the Sroufe Famil,
(Name of Company)
STATE OF CALIFORNIA 1 ,q/J'
COUNTY OF SAN DIEGO ) (Signature;
On , ";! ,* /,A !y p * before me, Name: R. C. Sroufe
(here insert name and title of the officer), , __ ~ personally appeared 3.c. F,(?LLF~. i-ld IC,! !. 'r@:~'Fz Title: Trustee of the Srol
personally known to me (or moved-to me on the basis of (Type or Prir
satisfactory evidence) to be the person(s) whose name(s) .I_ //'
is@e_&bscribed to the within instrument and acknowledged By: /i" ,:/ \JA,:? "L
tome that helsheflthey executed the same in his/h&i"hq;
authorized capaclty(ies), and that by his/he$h$Signature(s)
on the instrument the person(s), or the entityupon behalf Name: N.J. Sroufe
of which the person(s) acted, executed the instrument. (Type or Prir
WITNESS my hand and official seal. Title: Tru t f th r I
) By: y'(z5 ' - %/"L
Di::Qt t., ;,;i 'z:;, jp,,;,;&T- (Type or Prir
1.
Family Trust
. -f. I* I
,- /' (Signature:
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s." //5
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Signature: , , pZIc., :.c+(.- - ., +. ' p ,.
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MASTERS/FORMS/GRANT DEED FORM
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EXHIBIT "A" 21 2
LEGAL DESCRIPTION
PR3.4.347
AN EASEMENT FOR PUBLIC ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG L
ACROSS THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO F
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DII
COUNTY, NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF MAP NO. 10558, FILED IN THE OFFICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 6,1983; THENCE ALONG '
SOUTHERLY LINE THEREOF, NORTH 86'24'21" WEST (NORTH 88'01'06" WEST PER 1
lOSSS), 22.70 FEET TO A POINT ON THE NORTHERLY LINE OF LAND DESCRIBED IN DEE1
OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 70"47'14" EAST, 25
FEET TO A POINT ON THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO EDWAR
JOHNSON AND BARBARA A. JOHNSON RECORDED DECEMBER 24,1958 AS DOCUMENT
216746 IN BOOK 7413, PAGE 209 OF OFFICIAL RECORDS, SAID POINT BEING THE TI
POINT OF BEGINNING; THENCE NORTH 26'00'30" EAST, 28.20 FEET; THENCE SO1
70"47'14" EAST, 178.35 FEET TO THE BEGINNING OF A TANGENT 328.00 FOOT RAT
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CUF
THROUGH A CENTRAL ANGLE OF 02'30'1 l", A DISTANCE OF 14.33 FEET; THENCE TANG
TO SAID CURVE, SOUTH 68'17'03" EAST, 68.21 FEET TO A POINT ON THE ARC OF A N
TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINI
SAID POINT BEARS SOUTH 14'08'32" EAST; THENCE SOUTHWESTERLY ALONG THE AR(
SAID CURVE, THROUGH A CENTRAL ANGLE OF 33"21'18", A DISTANCE OF 87.32 F1
THENCE TANGENT TO SAID CURVE, NORTH 70'47'14" WEST, 181.69 FEET TO THE TI
POINT OF BEGINNING.
GREEN VALLEY PARTNERS, RECORDED SEPTEMBER 5, 1990 AS FILE NO. 90-48293:
CONTAINING 6,570 SQUARE FEET OF LAND.
A.P.N.: 208-040-05
THIS LEGAL DESCRIPTION WAS PREPARED
E OR UNDER MY DIRECTION. Xr.yu,NigL
DOUG S W. MASSON, R.C.E. 17706
EXPI S: 06-30-2001
November 25,
P.N. 9
SI I
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PLAT ro ACCOMPANV
PR 3.4.347
0 0
E7
$68 +! 8 1999
ENG~NEEKING
DEPARTMENT
h
* I, 0 0
2124 .
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or grant dai
December 16, 1998, from R. C. Sroufe and N. J. Sroufe, as trustees of the Sroufe Family TIT
to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the C
Council of the City of Carlsbad, California pursuant to Ordinance No. NS-422, adopted
September 16, 1997, and the grantee consents to the recordation thereof by its duly authoriz
officer.
DATED:
April 1,1999
&W!EN RatdDTZ, &sistant City Clerk
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.... , RECORDING REQUESTED BY ...... 2125 ...........
. - - - . _. . -. - . - . .
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..,-. ._i_ .,_ ,. :, .! . ! : .. , _i, : ..: t.
.,
WHEN RECORDED MAIL TO:
City Clerk
_. , - ....... - ..... - ......... - ... .... .... ... ... :... ...... ..: ;.,(. : -., ...... ... .. - . ,.i - ~ .,. .... .... . ._ .. I ..i .."_ .. .. .... ... .... _. ..
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
-
YUII III Ill Ill Il 1999-022431 Ill1 llll ill 8 ill Illl Ill Ill
I I
$ ! 'i ". Ir ;? 1 i L*. L - SPACE ABOVE THIS LINE FOR RECORDEI ....
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?F A%
ASSESSOR'S PARCEL NO. 208-040-05
PROJECT NO. & NAME: PR 3.4.347
RANCHO REAL, CT 90-13
-,
hereinafter referred to as "Beneficiary;"
WITNESSETH
WHEREAS, R.C. Sroufe and N.J. Sroufe, as trustees of the Sroufe Family TrL
April 24, 1990, did execute a deed of trust, dated June 28, 1995 to Equitable Deed Con
trustee, to secure a note in the sum of fifty seven thousand six hundred dollars (:
dated June 28, 1995 in favor of Bank of America NT & SA, a National Banking As
recorded in the office of the County Recorder of San Diego County on July 5, 1995 as
1995-0282958 of Official Records of said county; and
1 MastersiFormslSubordlnatlon Agt Trust Deed Holders Rev. 121241
0 0 2126
WHEREAS, Owner has executed, or is about to execute, as grantor, a 1
EASEMENT dated /*&-/(k- L/t); in favor of the City of Carlsbad as grantee herein rei
as "Easement Grantee" creating AN EASEMENT more particularly described in EXH
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT provided t
hereby acknowledged, and in order to induce Easement Grantee to accept said EA!
above referred to, it is hereby declared, understood and agreed as follows:
1. That said EASEMENT in favor of Easement Grantee shall uncon
be and remain at all times a charge on the property therein described, prior and super
lien or charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said EASEMEN
described without this subordination agreement.
3. That this agreement shall be the whole and only agreement wi
to the subordination of the lien or charge of the deed of trust above mentione
EASEMENT in favor of Easement Grantee above referred to and shall supersede an
but only insofar as would affect the priority between the deed of trust and EA
hereinbefore specifically described, any prior agreement as to such subordination inch
2
MastersiForrnslSubordlnation Agt Trust Deed Holders Rev. 1212
0 0 21;
not limited to, those provisions, if any, contained in the deed of trust above mentione
provide for the subordination of the lien or charge thereof to another interest in the real
therein described.
Beneficiary declares, agrees and acknowledges that:
1. We consent to and approve the grant of EASEMENT in favc
Easement Grantee.
2. We intentionally and unconditionally subordinate the lien or char!
deed of trust above mentioned to the EASEMENT in favor of Easement Grantee above
to and understands that in reliance upon, and in consideration of, this subordination of i
of EASEMENT is being executed and delivered, the EASEMENT IS being created,
specific monetary and other obligations are being and will be entered into by the E
Grantee, other lenders and title insurance companies which would not be made or ent
but for
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said reliance upon said reliance upon the subordination.
3
MasterslFormslSubordlnation Agt Trust Deed Holders Rev. 12121
LN 864685608
.* 0 0 21?8
3. This Agreement represents an endorsement to the note secured by 1
of trust above mentioned and that said deed of trust has by this instrument been subc
to the charge of the Easement in favor of Easement Grantee above referred to. - -p -,
Executed this 'L day of / ,=-cj.Efl/!?/:' ,19/-. +\. 7
BENEFICIARY: Bank of America, OWNER:
5. ". , Federal Savings Bank
By: ~. -.;.-.-7 - _"_." "
2
- ..~ ,/?sign here) -
Emma Derstepanian
(print name here)
Assistant Vice President
(title and organization of signatory) / -
By: ., .2..">? c.,.(d,,F?34*pfi.y&7 "/x,: .r _"
(sign here)
(print name here)
Nhan Tran
(print name here)
(";& ,$I e: yy
(title and organization of signatory
By: (( ;:;? ,?/ /+)
sign bere)
\ ~ , -. . c - .?,... ;pE - ;J -j b
, ! L. / 9' \r L ,
(print name here)
Authorized Officer 0 c, LbJG f\
(title and organization of signatory) (title and organization of signatory
(Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER
attached.)
(President or vice-president and secretary or assistant secretary must sign for corpori
only one officer signs, the corporation must attach a resolution certified by the sec
assistant secretary under corporate seal empowering that officer to bind the corporatior
(If signed by an individual partner, the partnership must attach a statement of pa
authorizing the partner to execute this instrument.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: ($L[dJ&h
)i<g f, City Attorney
1
I I MastersiFormsiSubordlnation Agt Trust Deed Holders
4
Rev. 12/24
e 0 21 29
State of California 1
) County of San Diego )
I' /
- o '/& /?,? before me, ?;$:I ., i?; \a It A - /I I\ f)c c: On '1 .? I 77" ' 2/' (F(1 R q
(Date) (Name, Title of Ofi
R 1 .<, i ~ : \? c .<, !LC ,\ -&I p>; . I, I .; %?I;. c Ti;
"
# "_ /- personally appeared L "
(Name[s] of Signe
I1 ~~
I MasterslForrnslSubordinatian Agt Trust Deed Holders
5
Rev. 12/2'
0 0
LN ?YO064685608 a 3{
State of California
County of Orange
On January 11, 1999 before me, Dina C. Yogi, a Notary Public, in and for
Orange, California, said County and State personally appeared Emma
Derstepanian, Assistant Vice President and Nhan Tran, Authorized
Officer of Bank of America, Federal Savings Bank, personally known to
me (or proven to me on the basis of satisfactory evidence) to be the
person whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislherltheir
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand nd official seal. "-<&&&&&.&, ,*t%d%a
d2cpf*
DIM C. Yi)Sl
Signature "" -" "_"" -" - """_" Notary Public in and for said ou y and State
,- a 0
EXHIBIT "A" 21 31
LEGAL DESCRIPTION
PR3.4.347
AN EASEMENT FOR PUBLIC ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG t
ACROSS THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITt
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO P
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DII
COUNTY, NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF MAP NO. 10558, FILED IN THE OFFICE OF '
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 6, 1983; THENCE ALONG 1
SOUTHERLY LINE THEREOF, NORTH 86'24'21" WEST (NORTH 88'01'06" WEST PER h
10558), 22.70 FEET TO A POINT ON THE NORTHERLY LINE OF LAND DESCRIBED IN DEE1
OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 70'47'1 4" EAST, 2s
FEET TO A POINT ON THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO EDWAR
JOHNSON AND BARBARA A. JOHNSON RECORDED DECEMBER 24,1958 AS DOCUMENT?
216746 IN BOOK 7413, PAGE 209 OF OFFICIAL RECORDS, SAID POINT BEING THE TI
POINT OF BEGINNING; THENCE NORTH 26'00'30" EAST, 28.20 FEET; THENCE SOI
70'47'14" EAST, 178.35 FEET TO THE BEGINNING OF A TANGENT 328.00 FOOT RAD
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CUR
THROUGH A CENTRAL ANGLE OF 02'30'1 l", A DISTANCE OF 14.33 FEET; THENCE TANG1
TO SAID CURVE, SOUTH 68"17'03" EAST, 68.21 FEET TO A POINT ON THE ARC OF A NI
TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE
SAID POINT BEARS SOUTH 14'08'32" EAST; THENCE SOUTHWESTERLY ALONG THE ARC
SAID CURVE, THROUGH A CENTRAL ANGLE OF 33'21'18", A DISTANCE OF 87.32 FE
THENCE TANGENT TO SAID CURVE, NORTH 70'47'14'' WEST, 18 1.69 FEET TO THE TR
POINT OF BEGINNING,
GREEN VALLEY PARTNERS, RECORDED SEPTEMBER 5, 1990 AS FILE NO. 90-482935
CONTAINING 6,570 SQUARE FEET OF LAND.
A.P.N.: 208-040-05
THIS LEGAL DESCRIPTION WAS PREPARED
E OR UNDER MY DIRECTION. Tr DOUG S W. MASSON, R.C.E. 17706
EXPI S: 06-30-200 1
November 25,l'
P.N. 98.
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