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Home My WebLink AboutPR 3.4.63; PALOMAR VENTURE; 89-631683; Easement. I ' kECOFDING REQUESTED BY @I PI ;<a fjS@fjfJ i J ,4 . City Clerk, City of Carlsbad AND WHEN RECORDED MAIL TO ame LITY CLERK 1 treet City of Carlsbad ddress 1200 Elm Avenue & Carlsbad, California iP /2008 _I 1 MAIL TAX STATEMENTS TO FNEWPORT NATIONAL CORPORATION 1 ame treet ddress Suite 200 %e ip ~ZGGO" "I 5962 La Place Court Carlsbad, California L-i 94 fa22 I,* t, 7 t 43 j$ 33 %j"rs:> i e %/if +- * Lli > iT X" ;A: Lz t j-Q:w J .a;;? ~ :? ;.k;>i?DEc% f -,.'&J:x=4& i ". - " NO F€ SPACE ABOVE THIS LINE FOR RECORDER'S USE - I DOCUMENTARY TRANSFER TAX $ @ Easement -COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, -OR COMPUTED ON FULLVALUE LESS LIENS AND NINGATTIMEOFSALE. #. c! T Y &GR LS04 P etermining tax. Firm Name 4 s I APN: 210-170-04 I GRANT DEED M.S. 674/PD230/PR 3.4.63 (PARTNERSHIP) (Escrow No. ____.._______..______) By this instrument dated .___..... __......______...__ ? .............................................................. , for a valuable consideration, September 28 1988 receipt of which is hereby acknowledged, PALOMAR VENTURE, a Limited Partnership organized under the laws of the State of California herebyGRANTSto the CITY OF CARLSBAD, a Municipal Corporation, an easement for public road purposes and across I 1 I the following described Real Property in the State of California, County of ...__ ?-??.D-?-e.g? __...___...___....______________________~~..- City of ...__ Ca.dsbad ._____...._______....----......---....---......-. more particularly described as follows: (See Exhi'bit "A" attached hereto and made a part hereof) The easement in the aforesaid property is more particularly described as follows : (See Exhibit "Brc attached hereto and made a part hereof) , /.' >: i ' _"" /'' c i 1 +G' ft -i > _I ,-,, ti . .f :, \. - /' L ''..j.' PALOMAR VENTURE, a California Limited Partnership By: NEWPORT NATIONAL CORPORATION, a California Corporation, General Partner 447: _.r BY L4:2...L"- _""" ."""""".""""...""" ....."""".""..""... usseau, Secretary r' x -0 .- % > 2 +a v N rri c. 2 5 .. 0 I,& _________proved to me on the PRINCIPAL OFFICF SAN DIEGO COUN Notary's Signature ..... I -/- MAIL TAX STATEMENTS AS DIRECTED ABOVE \I 0 0 - *. *. tu 0 I E €$ cn$ gE tu .o ev: ma: L r I ,. I- ' ., 0 e < .r < STATE OF CALIFOWIA 1 COUNTY OF SAN DIEGO 1 ) ss. 1022 On January 6, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared F.M. Brusseau and Scott R. Brusseau personally known to me to be the persons who executed the within instrument as the President and Secretary, on behalf of Newport National Corporation, A California corporation, the corporation therein named, and acknowledged to me that said . corporation executed the within instrument pursuant to its bylaws 01: a resolution of its board of directors, said corporation being known to me to be the general partner of Palomar Venture, A California Limited Partnership, the limited partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. T! WITNESS my hand and official seal. P OFFICIAL SEAL SWERWl HISkER PRINCIPAL OFFICF IN SAW TliES(i COllffV lg NOTARY PUBLIC o CALIF 1 " _" - - aasclDl /* Notary in and for said County and State . I. * .\ 0 0 1023 July 31, 1989 W.0. 01-82-22-4 M.S. 674/PR 3.4.63 Page 1 of 1 EXHlBlT "A" ROADWAY DEDICATION All that Portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California according to Map thereof No. 823 filed in the Office of the County Recorder of said County, November 16, 1896 described as follows: Beginning at Northeast corner of Parcel No. 1 described in deed to Palomar Venture per document recorded April 20, 1982 as File No. 82-111357 in the Office of said County Recorder said point also being on the westerly line of Avenida Encinas as described in deed to the City of Carlsbad, recorded February 3, 1969 as File Page No. 19772 in the Office of said County Recorder; thence SOUTH 15"17'31" EAST 291.73 feet to the beginning of a curve concave westerly having a radius of 51.41 feet; thence southerly 13.25 feet along the arc of said curve through a central angle of 14O45'48"; thence SOUTH OO"31'43" EAST 84.79 feet to a point of cusp with a curve concave westerly having a radius of 403.00 feet and to which point a radial line bears NORTH 89°28'17tt EAST; thence leaving the line common to aforementioned Palomar Venture land and said City of Carlsbad land northerly 103.84 feet along the arc of said curve through a central angle of 14O45'48" to a line parallel with and 10.00 feet westerly of said line common to aforementioned Palomar Venture land and said City of Carlsbad land; thence NORTH 15"17'31" WEST 47.17 feet along said parallel line; thence leaving said parallel line, NORTH 13"45'41" WEST 236.58 feet to the northerly line of said Palomar Venture land; thence along said northerly line NORTH 67O27'14" EAST 3.71 feet to the westerly line of aforementioned City of Carlsbad land and the POINT OF BEGINNING. Containing: 2,537 square feet, (0.058 Acres), more or less. 0081/e j/LGLNRS2 Expires: 9/30/92 I 1 .' SCALE: 1'=40' , a- <* I. 0 e 9024 u L 4.. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated January 6, 1989 from to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 89-388 , adopted on November 7, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. Palomar Venture ............................................ DATED: November 8, 1989 I By : r& 1 ALETHA L. RAUTENKRANZ, City Clerk c. 4 * n ~ 1 0 $4 Q a,:j 8 8;i. 10.26 "' :j _. ... . ... . ._. - !L... ,,._.._ ."- . i : ~~~ ~.. ~ ?%. . r, t i.- 7" - - " 2 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, CA 92008 1 i , ?:=; f xc-;,; -: ;., .: J ;-.:.;;j;;;-+;:,. i I?" g*2 As$ p&l 2 f $I& 8: 33 .. . . ->ZC " =..? :+ -:ri 2.. ~ ,, SI% t I _.) -. . .. .- " ) 1 1 Space above this line for Recorder's use. PR 3.4$.63/PD 230' . 5-=-.r.. I i 1 --. $:L:'.iA L.. LYLE 3 AI8 0 i @<-&; y W%JsEg " APN 210-170-04 Road Easement 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. A@ THIS SUBORDINATION AGREEMENT, made this zc- day of @i/ , 1989 by Palomar Venture, a California limited partnership, owner of the land hereinafter described and hereinafter referred to as "Owner," and Wells Fargo Bank, a National Banking Association, present owner and holder of the deed of trust hereinafter described and hereinafter referred to as "Beneficiary" ; WITNESSETH THAT WHEREAS, Palomar Venture did execute a deed of trust, dated October 16, 1984, to American Securities Company as trustee, covering a portion of Lot H of Map No. 823, to secure a note in the sum of three million six hundred thousand dollars ($3,600,000) dated October 16, 1984, in favor of Beneficiary which deed of trust was recorded October 31, 1984, as File No. 84-410124 of Official Records of said county: and c , +- j 0 0 1027 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT dated 9/28/88 , in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an EASEMENT more particularly described in EXHIBITS 'A' and 'B' attached hereto: and WHEREAS, it is a condition precedent to obtaining said EASEMENT that said grant of EASEMENT above mentioned shall unconditionally be and remain at all times a charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust above mentioned: 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 2 '. 'i ~ 0 a Ii28 said EASEMENT above referred to, it is hereby declared, understood and agreed as follows: A. 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. B. That Easement Grantee would not accept said EASEMENT above described without this subordination agreement. C. 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 to, 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 3 . r’ ~ e 0 I, 1029 subordination 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 this waiver, relinquishment and subordination. BENEFICIARY: OWNER : Wells Fargo Bank, a Palomar Venture, a California National Banking Association Limited Partnership By: bii, bAiJ By: Newport National !kJ Corporation, a California Corporation, General Partner Its: J-p. I/ By : By : Its: F.M. Brusseau, President By : Its: Scott R. Brusseau, Secretary IT IS RECOWNDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. City Attorney 1 AG004PAR 4 -' r t' f( e a 103 .I STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 1 ss. 1 On April 25 , 1989, before me, the undersigned, a Notary Public in and for said State, personally ameared F-M. Brusseau ""_"""""""""""" aid Scott *R. %;usseau personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as the -------- Pres iden t , and --------- Secretary, on behalf of Newport National Corporation, a California corpora- tion, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corpora- tion being known to me to be the general partner of Palomar Venture, a California Limited Partnership, the limited partner- ship that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. +**I ' . ' /flu c u OFFICIAL "7 SEAL MARIAN SCHMIDT _i Notary in and for said County and State NOTARY PUSLIC-CALIFORNIA PRINCIPAL OFFICE !N SAN DIEGO COUNTY i, My Commission Expires June 5. 1992 -*.'.._., "LI-*>... STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) ss. // On , 1989, before me, dundersigned, a Notary Public in and for said State, persoydly appeared and , personally,,known to me or proved to me on the basis of satisfactory evidepee to be the persons who executed the within instrument as the ,/ President, and Secretary of Wells Fargo Bad, a National Banking Association, the National Banking Asso lation that executed the within instru- ment and acknowledged t me that such National Banking Associa- tion executed the wi in instrument pursuant to its bylaws or a resolution of its b ard of directors. WITNESS my lllrirj and and official seal. // Notary in and for said County and State 5 IC* J' . .~ r 4P 0 d STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss. On this zsc day of My !I. ]i , !qgy , before me, the undersigned, a Notary Puhlic and and for said' State, personally appeared Kc 173 -6- 27%?":7 and kd&Y F-R- , personally known to me, C- ba&& to he the ' y!~ &= !, L-J-T and +ms executed the within instrument and horn to me to be. the person(s1 who executed the within instrument on behalf of the Associakion therein named, and acknowledged to me that such Association executed the same. t"2LE-2 of Wells Fargo Bank, N.A., a National Banking Association that WITNESS my hand and official seal. &[*& 3 \;,'& ratL ~ HEATHER 1. WARNER ROTARY PUBLlCCALlFORNlA SAM DIEGO COUNTY C-i Expiredune 2,1989 L'.. .~ 1 1- I, e 11 \. 1. November 9, 1987 W.0. 01-82-22-4 M.S. 674/PR 3.5.63 Page 1 of 1 EXHIBIT "A" ROADWAY DEDICATION All that Portion of Lot liHii of Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California according to Map thereof No. 823 filed in the Off ice of the County Recorder of said County, November 16, 1896 described as follows: Beginning at Northeast corner of Parcel No. 1 described in deed to Palomar Venture per document recorded April 20, 1982 as File No. 82-111357 in the Office of said County Recorder said point also being on the westerly line of the land described in deed to the City of Carlsbad, recorded February 3, 1969 as File Page No. 19772 in the Office of said County Recorder; thence. SOUTH 15017.f318i EAST 291.73 feet to the beginning of a curve concave westerly having a radius of 51.41 feet along the arc of said curve through a central angle of 14°451Q8i8; thence SOUTH 00°31'43i1 EAST 84.79 feet to a point of cusp with a curve concave westerly having a radius of 403.00 feet and to which point a radi a1 1 i ne bears NORTH 89O28 '17Ii EAST; thence leaving the 1 i ne common to aforementioned Palomar Venture 1 and and said City of Carl sbad land northerly 103.84 feet along the arc of said curve through a central angle of 14*45'48It to a line parallel with and 10.00 feet westerly of said 1 ine common to aforementioned Palomar Venture 1 and and said City of Carlsbad land; thence NORTH 15°178311i WEST 47.17 feet along said parallel line; thence leaving said para1 le1 1 ine, NORTH 13045'41i1 WEST 236.58 feet to the northerly line of said Palomar Venture land; thence along said northerly 1 i ne NORTH 67°2711411 EAST 3.71 feet to the westerly line of aforementioned City of Carlsbad land and the POINT OF BEGINNING. Containing: 2,537 square feet, (0.058 Acres), more or less. A n /q&g \l\l.R\p( Ex?. Date 09-30-38 / L -/] i *. &' , 5, ' . SCALE: 1'40' /ND/W7€S / / PR 3.4.63 Name C. PRATT 1 If 3/87 Date W.O. Owner NEWPORT NATIONAL e 1 m EwNERw AssoclArrs -c;e.cggibRFI ~ .8 01-82-22-4 ISheet 1 Of 1 550 West Vista Way 1 - Melrose Center. Vista, California 92083 Phone (619) 758 3680 Job Description EXHIBIT "BO) REF. MS. 674 ROADWAY DEDICATION Pn m ~ ~~~~ . ,. ,. ., . . Q 6 c.&?p-,#j c,, . +‘ 1 :g/&,,f@.f 3 ‘‘i .?I A’ .. I ,* ’ P. ,’ r, . i: