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Home My WebLink AboutPR 3.4.73; Aviara Land Associates, LP; 89-345757; Easement. RECORDING REQUESTED BY -* , ~,.. -> 4 0 1 16%' ,> I .> . : 1 , 1 'i,, , " '.* ~~~~~ , TITLE ~~~~~~~~ COidPAPR OF CALFORNUL I t AND WHEN RECORDED MAIL TO r City Clerk 1 C?ty of Carlsbad 1203 Elm Avenue Carlsbad, CA 92008 ne eet dress Y& Ite L J 0 89 34.5.757 .. 'f" z>c"3..%x.- "," . ._ . >t-:d.c -2; <+. d >$.+ f 3-s :E;&& ;;f:-(y~~-p; ?I' "i 3.T -1 $:;:? Oi4; 5,~7,.::. : ><:&-$'<, y+ 1 rnSRir9 rn 349 3 $ffZ$& 3" LyE -3 -" c .3 ~ . i , I EO&W IECORCERj MAIL TAX STATEMENTS TO r 1 me eet ~/JCVE fl &@.& dress :y & NQ FEE ite L J SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed CAT. NO. NN00586 TO 1925 CA (11-83) Batiquito~"IQTd;Y~~LS~~~~~Dt~~Ti~~~~~~~ i&tiLA&Y and Access Easement PR 3.4.73 CT 85-35E 12 The undersigned grantor(s) declare(s): APN NO. 215-040-16 I - Documentary transfer tax is -0- t ( ) computed on full value of property conveyed, or 215-051-10/215-050- ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x) City of Carlsbad , and - - - - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Avi ara Land Associates a 1 imited partnership organized under the laws of the State of hereby GRANTS to the City of Carlsbad, a Municipal Corporation, an easement 'far general uti1 i ty and access over, under, upon and across the following described real property in the City of Carl sbad County of San Diego , State of California. See Exhibit "A" attached hereto and made a part hereof. Exhibit llgll is provided for clari ty,only. Aviara Land Associates Limited Partnership, a Del aware 1 imi ted partnership SEE ATTACHED Dated: STATE OF CALIFORNIA COUNTY OF On before me, the undersigned, a Notary Public in and for said State, personally appeared } ss. 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 -. . - . . . BY: Aviara Land Corn an a Del aware BY: Repbl i c Devel opient Company , a California Corporation, general partner A F. ""." " T "- hT- .I 0 '.. 6. 4 7 si z- -4 ' +' , ggm FJ z n m A 0 0 II 5 7 rS s 92 f=! 7" =Y, 0- 03 &j "? ggm g5 -3 F" 02 $" '2 FJ @z tD I. 8'cI TOY n m z I n om m 4 -I m' E! g8B p" z n m ,/ , ,? L,' -.. 8 < i.<- ;.:./' i L* L' I 1 , e 1698 m - 300,ll sv bat 5/10/89 EXHIBIT IrA" LEGAL DESCRIPTION BATIQUITOS DRIVE! (OFFSITE) GENERAL UTILITY AND ACCESS EASEMENT CT 85-35 PHASE I UNIT E AVIARA That portion of Section 34 of 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 34; thence South 77'42'51Il West,3690.79 feet to the TRUE POINT OF BEGINNING; thence North 57°31t2011 West,88.75 feet; thence North 32'28'40ll East,68.00 feet; thence South 57"3182011 East,66.68 feet; thence South 14"29'3OV1 West,71.49 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel of land contains 5284.62 square feet of land more or less. 4-2-89 I "% 0 EXHIBIT 'B' 169@ ., t 8 I N (3 7%1 85-35 PHASEZ I 7" 85-35 PHASE I SCALE* i"m40' PROPOS€fl OfFS/TE BA TlOUlTOS DRlVL: GENERAL I/ TIL I T Y J ACCESS EASEltlENT I ?"** :"'\ : I \ * .... . : L.' :..iL-.-\ .... ..e., ,.-. .... ..: i" [.*) :. ..' ;.<: i i i. ..: i : "... ,". """. .. .- -*\ 2.: ....... ...*... .. . _. .:' * ,..- C. I.". t (2.. L.. " -2, 1.. i ; 1. ?-', i" ! ..: ..? .*,' ...) "" '07 << PLAT TO ILLUSTRATE GENERAL UTILITY & ACCESS EASEMENT /&kL&Lw 42-89 APN 216-1 11-01 DAL ,F A. DAY/S L.5 5894 216-111-03 PROJECT NAME: fs PR 3.4.73 EXHIBIT PROJECT NO, BATIQUITOS DRIVE (OFFSITE) GENERAL UTILITY & ACCESS EASEMENT CT 85-35 PHASE I UNIT E AVIARA I 1 P&D lechnologk?s 40lWest"A"Street,slrite2500 @I- b PA 0-M mCL3c)CLAACC e, -. . : I '.k ,-I ** % < I( e 1700 0 STATE OF CALIFORNIA ) COUNTY O13J),>7~~~~4,'~~:~ t I<Y ) ~. 1;. ) ss. / y7;, 7 ,.T ,- <"& On c/A, L 1- ,' - /-,.',// before me, the undersigned, a /./;,,y.. $& Np ary P lic,<nianii' for 'said' State, personally appeared on the basis of satisfactory evidence to bethe person who ..exec ted &he, thin instrument as the //>/o President, and '--/[p&$? / $$77A7:&4.,- personally known to me or proved to me on ,the basis of satisf3$ctory evide ce t" be the person who executed the within instrument as the/&;,, A*/. Seeret~p of Aviara Land Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. xAhLP '/:A , personally known to me or proved to me WITNESS my hand and official seal. /L-5 4 /4 -/iL;*fl< 4' I, /.; f,/$&d J/' { J NdcfARY PUBLIC (Seal) Z058201L.DW4 5/12/89 -3- .I..- s .. .-\ e 1701 e I _I I ., STATE OF CALIFORNIA ) COUNTY OF ?,,k?/? /Aid) < ,, ) ss. //id(,// d 22 forkaid /7x State, 9 before personally me, the appeared undersigned, a , personally known to me or proved to me FTxe uted ye .ithin instrument as the -/, /, President, and Fhdbasf?oykGf&ory evi.d.ye3 be the person who executed the within instrument as the ///& ,~ /A/, -Seezekazry"ef 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. onthe 5aSis of satisfactory evidence to bwhe person who +." /"/ ,. 1: 224 personally known to me or proved to me on WITNESS my hand and official seal. i/ ,'' A,BL/&(&''pf d7 ., , /b,/ ,_ x7972 '[' NOT~Y PUBLIC -, (Seal) Z058201L.DW4 5/12/89 -4- . 6. I, . e, 1702 a .' :*a % CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real Property conveyed by. the easement dated May 22, 1989 I from Aviara Land Associates Limited Partnership to the City of Car-sbad, California, a municipal Corporation, is hereby accepted by the City Council Of the City of Carlsbad, California pursuant to resolution NO. 89-202 r adopted On - recordation thereof by its duly authorized officer. June 27, 1989 , and the grantee consents to the DATED : June 28, 1989 By: hkZ& P @- ALETHA L. FWJTENKPANZ, City . I .. .I 0 1703 @ 345:?S.f3 .r,(LaR -.L { (,LC !ld3wktAKc? ’. I C;,$;;s;<pg; ?&% - f - ,?-: : . ~ ;&$;::.- <:::;$>x-j5 i ” .. f r*5:f;:”.-.. ri‘f * * Yl ..~ <-:; ,... ‘3 b.:;pl*..; . 7:. i RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carl sbad, CA 92008 1 rr<p ”i;i..- %... .-I I-, .._..- y .. .? i ir >*x,- g 1. fj$J&{.29 fH 349 i I y’”y+ K. -P 4 ; 8 fi ‘_t i $,GI &$? i.2 “ k: - 1 Uif, 4 iYetg2gER saar* 1 Space above this line for Recorder’s use. PR 3.4.73 SUBORDINATION AGREEMENT CT 85-35E APN 215-040-16 215-051-10 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR 215-050-14 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 194 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 Delaware 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 27 and Section 34, 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 California recorded in the office of the County Recorder of San Diego County on December 23, 1988, as File No. 88-661636 of Official Records of said county; and .. , .' 0 1704 0 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated Mhy X&, Iq84 , in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibit A attached hereto; and WHEREAS, Easement Grantee is will ing to accept sai.d Easement provided the grant of Exement is a chaqe upon the above described pi-opcrty 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 1 ien 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 declared, understood and agreed as follows: 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 1 ien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said Easement above described without this subordination agreement,. *, 0 1705 0 .. 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 i ii~iteci, 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. I 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, relinquishment and subordination; and ~AL~,~~ ti.' ti\ yi' 3. " This agreement represents an endorsement to he >b ,.\I 'I ' "', '* note secured by the AT& deed of trust above mentioned/%:t said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to . 0 1706 0 .. . BENEFICIARY OWNER First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP By : ?&X&.,? f~*.,"&.,JiPt;>e Kevin P. PlcKeMa, Assistant By : *- L Mark D. Whalen, Vice President NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND Tlb SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION7 UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CCRPORATIOI? RILL 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. (Notarial acknowledgement .of execution by DEVELOPER and SURETY must be attached.) . -. .% ' * 1707 0 cb STATE OF CALIFORNIA ) COUNTY OF&d// <* .J&- /' ) ) ss. On /,!id,- ,22 /7~ ,/ before me, the undersigned, a 'C f-,C NokaryLPublic in- axd for &aid State, personally appeared on fhe basis of satisfactory evidence to b,e the person who [(/3, ; (;,& ,~;:(A~,2'+a'J f personally known to me or proved to me /e!xecuted,k e Frith,in instrument as the b//. ,/ . /the bas&' of satisfaktory evidence ,eo be the person who executed ,t President, and L,J !/'?#dJ b/ /' k(dA,&,d:.+, personally known t/o me or proved to me on the within instrument as the9&i-.,&$/i., -- 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. WITNESS my hand and official seal. ///+I , > ./{ ,/>[/;4+ c ( / .;1 ' , { 4: ~ /h;74" {' ,d/ . ", 5iN (Seal) Z058201L.DW4 5/12/89 -4- ..) 1 '.+ .> , 1 0 1708 0 STATE OF CALIFORNIA ) COUNTY OR"..)$/] LJihJ <,' ;:, ) ss. -/ /i i' /,"A -I / ../-; On /L,,! .ef: ,L J/u.i , />' l4x7 / .i before me, the undersigned, a Notar ; P lic in'a,$d for said State, personally appeared on the basis of satisfactory evidence to the person who J.2 8 // /#y$f/*>4L/g~ , personally kncwn tc me or proved to me 94;; y y1. 7:. President, and d$,#h ,/( . -+/(,L./*4k JO- personally known to me or proved to me on y; /executed tk. .within instrument as the rthe basis of satisfactory evidence / o be the person who executed the within instrument as the-/G2(<,(/@/. v 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. WITNESS my hand and official seal. J ( J" k{yk,/. I /'"/// /"/ / ,/ L. / /. / , .L&&G? /]/' .[ NOTARY PUBLIC -\ (Seal) Z058201L.DW4 5/12/89 -3- v \ ., . % .* .. ' . -I I I e 1709 0 CAT. NO. NN00737 TO 1945 CA (7-82) H TlTcE INSURANCE (Corporation) AND TRUS STATE OF CALIFORNIA ATlCOR COMPANY I COUNTY OF ORANGE t =. On June 6, 1989 before me, the undersigned, a Notary Public in and for ,' said State, personally appeared Kevin P. McKenna 1 personally known to me or proved to me on the basis II of satisfactory evidence to be the person who executed 5 the within instrument as the Assistant Vice I: President, and Mark D- Wha 1 en 5 J personally known to me or proved to me on the basis of satisfactory evidence to be NOTARY PUBLIC-CALIFORNIA the person who executed the within instrument as the PF;INCIFJ,i OFFiCE IN Vlce President Sg!&&iiy of the Corporation ORANGE COMTY (This area for official notarial sed) &. , , *'I , .I I. a,, <'~ I) 1710 a 300,ll sv bat 5/10/89 EXHIBIT W1AI1 LEGAL DESCRIPTION BATIQUITOS DRIVE (OFFSITE) GENERAL UTILITY AND ACCESS EASEMENT CT 85-35 PHASE I UNIT E AVIARA That portion of Section 34 of 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 34; thence South 77"42'51" West,3690.79 feet to the TRUE POINT OF BEGINNING; thence North 57°31'209t We~t~88.75 feet; thence North 32"28'40t1 East,68.00 feet; thence South 57"31'20tt East,66.68 feet; thence South 14°29'3011 West,71.49 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel of land contains 5284.62 square feet of land more or less. &-z&y