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Home My WebLink AboutPR 3.4.72; Aviara Land Associates, LP; 89-345761; Easement, 1 '. I RECORDING REQUESTED BY k . ;. -.: ,. "".."4 !; y ' ' / 1724 T1COpkc TIRE ~~~~~~E CO.kiP&I OF CALlFORN AND WHEN RECORDED MAIL TO I r City Clerk me 1200 Elm Avenue City of Carlsbad reet Carls bad, c A 92008 jdress 1 I tY z4 3te L Jl 0 8.9 3.4 5-:7 6. 1 - ... .- . .. . 3- ~~~~~~ fq 2: &9 i: YES,& LA ; '(LF I C%"'f'' *T<"2> . * L" € $IC :.::&@~ J I r MAIL TAX STATEMENTS TO 1 I Ime :eet -=jj+y?e ?95 @of& idress I tY ?i ate L J m FEf I SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed CAT.No. TO 1925 CA NN00586 (1 1-83) Ambrosia Lane ioffsiteh General Uti1 ity and Access Easement PR 3.4.72 T IS FORM FU NISHED BY TICORTITL INSURERS i The undersigned grantor(s) declare(s): APN 215-040-16 t Documentary transfer tax is -0- 215-051-10 - ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) computed on full value of property conveyed, or 215-050-14 ( ) Unincorporated area: ( X ) City of Cltrl s bad , and - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership a limited partnership organized under the laws of the State of Del aware - hereby GRANTS to the City of Carl sbad, a Municipal Corporation an easement for general uti 1 i ty and accet over, under, upon and across - the following described real property in the Ci ty of Carl sbad County of San Diego , State of California. i See Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. Aviara Land Associates Limited Partnership, a Del aware 1 imi ted partnership SEE ATTACHED Dated: STATE OF CALIFORNIA COUNTY OF ) ss. On before me, the undersigned, a Notary Public in and for said BY: Avi ara Land Company, a Del aware State, personally appeared -. personally known to me or proved to me on the basis of satisfactory evidence to be the person- who exe- cuted the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) Title Order No. Escrow or Loan No. =i 5;; z UI c 53 D z n m 4 4 gB 53 d 4 0 z rn 6 0 =! P 3d 0- =a 0s 5; zz ;!i g8B F’J Hz Orn D “I 5s 0; CD I. Frn a= 8?g rv) rn P z 5 n $ m 0 4 0 B = 25 zi! E$ ia niJ D 9 2 $ n en =irn 5;; R -, E= e=) Ut Frn ra k =a -m 02 .g 8 B D o;! ri mz rn 5 * 4 = G z= gg!B r z n m 1, I* , +, I . .( c. e 1725 0 STATE OF CALIFORNIA ) < /.i ",; ) ss. COUNTY OI?- >/; i.7 t>~<d,,& ) / on /J 1 ,' ," 7 2 ,/F,yF- b @/ 1/44 /- /- efore me, the undersigned, a Nota y .ublic iA *and for said State, personally appeared <n the basis of satisfactory.evidence to b the person who executed te within instrument as the &;, (, President, and bzd,-,? /s/ zh '),+k)*<G- personally known to me or proved to me on phe basis 'of satisEbctory evigencep be the person who executed the within instrument as the"/,/& ',q&. --y of Aviara Land Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. ,/!2 P L&a!d ,#' (A' , personally known to me or proved to me WITNESS my hand and official seal. x 4. I Ln /, L& /;; ,i ? // { 7 /i;, '4, L?/~~-~ 4' L./ NOFARY PUBLIC (Seal) Z058201L.DW4 5/12/89 -3- 1. I *' 3, e 1726 . a t. STATE OF CALIFORNIA ) < ,I, .I ss- COUNTY OF&!, i *&:2: .[ 1 / / On /$y? , 7"7 /'?y? ILL .+m, before me, the undersigned, a No 1 r . P lic ih ahd for' said State, personally appeared on the basls of satisfactory evidence to b-the person who P2 )9t /&L/.d4 , personally known to me or proved to me ,,exec ted the., ithin instrument as the cy/&- Jhe basis of'satisfadtory evideFe /o be the person who executed the within instrument as the ?/& /./ 4, .,.,JJ,Y. -- of Republic Development Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such . partnership executed the same. ,? dA7 /!! g/ President, and ", 1 ,- ".-; b ,[A/&.~KZ personally known to me or proved to me on WITNESS my hand and official seal. 4 //. ,/k/UL+/ _' .. ;d: G&,7pk/ NOTARY PUBLIC /, (Seal) 2058201L.DW4 5/12/89 -4- ..I , 0 @ 1727 3'00,lO * SV AMBOSA 6/6/1989 4 % ,' 8. . EXH1BIT"A" LEGAL DESCRIPTION CT 85-35 PHASE I UNIT C AVIARA AMBROSIA LAND (OFFSITE) THAT PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774 RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27, SOUTH 00'42'22" EAST, 2189.22 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 89°17'3811 WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 ' 17'38" WEST, 60.00 FEET; THENCE NORTH 00°42'22J1 WEST, 64.53 FEET; THENCE NORTH 89'17'38Il EAST, 60.00 FEET; THENCE SOUTH 00"42'22l'EAST, 64.53 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 3871.98 SQUARE FEET OF LAND MORE OR LESS. &&& 4-k-@ *. .I e ,1728 EXHIBIT "B" ..... 0 '6)s , ;I i POCL NE COR. 5EC. 27 23 Zb - "_ I I 5CALE I" = 40' -f 125 d-JJ, I- /I \ 4 sg J\JJ 3, CG S, J 07 74 I I ;u N 16 a0 I, la PROPOSED GENERAL UTILITY 6 ACCESS EASEMEAT \ 3 . N69"17'30"€ ;\I -J bO.OO L h 13 SUBD/ V/S/ON BOUNDARY 3 I : *. b . Nm h' Nul .;, ?4 z &J+ 3872S.F: r~ 0 z " " N 89°t7'30"E 4 TM 85-35 2-3 .-$ PHA~EX Oi 0 I TN 65-35 PRASE I &P.O.B. I; 1" I '. bO.OO N I N 09"17 '38" E 15.00' ................ ... .... .... ... f =..:; q .. ........... -0. I"*< ..... C... . .....,, !""\ ...... i y.. t'" r".. : ....: j ....... : 1 ', \...; r-*** i ,.> f," ,"., 5 \."* t 1 \- r ;*A. +:) 1 ..... +?.. :'a,* ! *: 1; ...... ... ! ......... ..... C... ..., :\, i" . *.., .... ....... ... i : 1 i..., . ,.. ...... 5 4 .... -.,) ;*...I..-$ L.J ....... 2". : : . ..L* /-.. ....... '"I :'" .. . *.... : ;.A .,; : y<, i" I t \..% f", - : i t,. i t "7' :.-> :>-".. -. i =..j i i i.", Ad- L &-8P AT TO ILLUSTRATE DALE A. DAWS l.3 5894 8 P&D~Ol~ GENERAL UTILITY hlM" APN 21s-o40-18& ACCESS EASEMENT 401 West "A" Stmet, Suite 2500 San Dii CABZ101819232.4466 PROJECT NAME: AMBROSIA LANE (OFFSITE) 1 PROJECT NO.[EXHIBII GENERAL UTILITY & ACCESS EASEMENT CT 85-35 PHASE I UNIT C AVlARA I PR 3.4.72 1 6 i $.. ' * ~1 *, 8 3 e" 0 I129 CERTIFICATIOM FOR ACCEPTANCE OF EASEr4EPlT This is to certify that the interest in real property .conveyed by the easement dated May 22, 1989 from . Aviara Land Associates Limited Partnership to the City oE Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbacl, California pursuant to resolution No. 89-205 , adopted on - June 27, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 28, 1989 By : Clerk , .. ., .. I e 1130 l<,aty T,%6 IN\LCfl&LL'. / RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue ) Carlsbad, CA 92008 1 \ 0. 8 9 3.45 Ifi2 - " f:"= .+x." ..- , - _, .tl :;-;< is;;. r. ... ;-:.:."*3q>F j+r".: <:.:s.:+;, .j;;=,-+!:? j Li-. b.+.:g?vy* 3 I { crT;;;.,$-i:;y::c4 i" -7 "'i. i <,.<*A: i af&p3 rn t& kg : y-.. Lw.= , # 3 $ f fyyp; -2' -<LE L3;b 1 9 '- .X&,&fDER f "-J I Space above this line for Recorder's use. PR 3.4.72 SUBORDIN.4TION AGREEMENT APN 215-040-16 17 215-051-10 MG 215-050-14 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 22nd day of May 19~ by Aviara Land Associates, Limited Partnership, a Delaware limited partnership hereinafter referred to as "Owner," owner of the land and First Interstate Bank of California, a California Corporation, hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership a Del aware Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California, a California Corporation as trustee, covering Portions of Section 26 and Section 27, Township 12 south, Range 4 West San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, to secure a note in the sum of One Hundred Twenty Five Million Dollars ($125,000,000) dated December 20, 1988, in favor of First Interstate Bank of CalffGrnia recorded in the office of the County Reccrder of San Ofego County on December 23, 1988, as File No. 88-661636 of Official Records of said county; and I. e 1732 0 !. WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated mAy zz /4gT, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhi bit A attached hereto; and WHEREAS, Easement Grantee is will ing 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 said Easement above referred to, it is hereby decl ared, understood and agreed as foll ows: 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. * >* . a 1732 a I .I ' I. 3. 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, 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, re1 inquishment and subordination; and eeL t$Ls.4k )& ', ?& "$y' represents an endorsement to the i' 3. note secured by the d deed of trust above mentioned/%at said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to . 4 v* . e .. 3 1733 0 .. t.1 BENEFICIARY OWNER First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP Aviara Land @any, General Partner gy : V&" p rnL*N@%, Kevin P. McKema, Assistant ~, n V+ce President dli ''. '1 \, \ i i iL ' \ i\; i\\\{;Ji ; i \. $ $, i,\ 1 ',,\ i' By : \ t \>\jt),y& _I .I b, ,L i Mark D. &&en*, &e President b .il' ''. '1 \, \ i I i: i! i ' :> Ib\ \!>i! i /;i ;: 1; ~ \n\& YJ. 4 ! ,\,U" Mark D. &kn, Vice Pre2ident x A"+- Repub ;c De el pment Compan General ni- h NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND TH ?b SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESBitiTIOi OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: (Notarial acknowledgement execution by DEVELOPER and SURETY must be attached.) 0 .; b- CAT. NO. NN00737 TO 1945 CA (7-82) 1'134 aJj TITLE INSURANCE AND TRUST (Corporation) ATICOR COMPANY ' STATE OF CALIFORNIA COUNTY OF ORANGE ) ss* On June 6, 1989 before me, the undersigned, a Notary Public in and for 4 said State, personally appeared ?Kevin P. McFana I personally known to me or proved to me on the basis w of satisfactory evidence to be the person who executed 6 the within instrument as the AS^: i s+an+ IT< PQ x President, and Mark n hTha3~1-1 personally known to me or (This area for official notarial seal) + ,’ r- . .. ., , < 9 .L * 1735 e STATE OF CALIFORNIA ) COUNTY O<-)h.4 J’h/.;...& ) .I . ,d ) ss. 1 On /?/$l/ 22 / ??/?? .. / before me, the undersigned, a No, ary P,lz;lic inlgnd for said State, personally appeared L‘the basis -of satisfactory evidence to be the person who ,exec,uted. h within instrument as the ‘d//s ,’,/ /: President, and the within instrument as the.-xez;/i. Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. i A y//- ,./</,q/-/(,‘g , personally known to me or proved to me d6$#,$/7 YL’ kh>~&~,+>. personally known .to-me’or proved to me on Ithe basis of satisfactory evide be the person who executed S-e-ereizary-of Aviara Land WITNESS my hand and official seal. /q&&jpi; i,, ’, // ,’ . , hh ,’ I , / . ,,fl Jy I 4 NOTmY PUBLIC /. (Seal) Z058201L.DW4 5/12/89 -3- .\ ..* s ., I * .1 9 1736 a STATE OF CALIFORNIA ) q- ) ss. COUNTY OF, i, ,fie 1 /,/ 4y ",J On ,(fi&ll, ,+L?2i /'qrF before me, the undersigned, a /YA. &L CkM, /f&fi No- ary? P,blic in'-@d for said State, personally appeared on the %asis of satisfactory evidence to the person who executed t e_ ithin instrument as the the within instrument as the ".;" /,' y / A", See&8-ry of Republic Development Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. %.Zr;fl& , personally known to me or proved to me ;/$($ President, and ~AC&- personally known to me or proved to me on y'he basis of satisfa.dtory evide ce o be the person who executed WITNESS my hand and official seal. /y&~ / // d&+R-y L/AL;&,, NOGY PUBLIC \ \ (Seal) Z058201L.DW4 5/12/89 -.4 - *, 1 '. ,I .I ". ,< . i >r .I- rc, 113'7 9 0,lO * SV AMBOSA /6/1989 EXHIB1T"A" LEGAL DESCRIPTION AMBROSIA LAND (OFFSITE) CT 85-35 PHASE I UNIT C AVIARA THAT PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774 RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27, SOUTH OOO42'22" EAST, 2189.22 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 89'17'38" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°17'3811 WEST, 60.00 FEET; THENCE NORTH 00"42'2211 WEST, 64.53 FEET; THENCE NORTH 89'17'38" EAST, 60.00 FEET: THENCE SOUTH 0O042'22V3AST, 64.53 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 3871.98 SQUARE FEET OF LAND MORE OR LESS. &4& 4-k-89