HomeMy WebLinkAboutPR 3.5.42; CARLSBAD OAKS EAST, LTD.; 89-060250; Easement\. RECORDING REQUESTED BY *I 8.9 &&q# 0 sr;* 1. .***.::. 3 (: yg ,,&. . &.. , j. ..
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i. *i. City Clerk, City of Carlsbad
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ANDWHEN RECORDEDMAlL TO 1 " r City Clerk
\lame City of Carlsbad
;treet 1200 Elm Avenue
wress Carl sbad, CA 92008
3ty & State L
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MAIL TAX STATEMENTS TO r 1
Name Carlsbad Oaks East, Ltd.
jtreet c/o T & G Investments , Cons.
qddress P. 0. Box 80036
2ity& San Diego, CA 92101
State L J
Partnership Grant Deed SPACE ABOVE THIS LINE FOR RECORDER'S USE-
APN 209-083-05 CAT. NO. NN00586
TO 1925 CA (2-83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS PR 3.5.42/PD 310
1
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The undersigned grantor(s) declare(s): ONR
Documentary transfer tax is pI easement
( ) computed on full value of property conveyed, or
( ) 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,
Carlsbad Oaks East, Ltd. a Limited partnership organized under the laws of the State of Cal i forn i a
hereby GRANTS to
the CITY of CARLSBAD, a Municipal Corporation, an)( easement for water1 ine purpo#se> over, under and across
the following described real property in the City of Carl sbad
County of San Diego , State of California.
See EXHIBIT 'A' , consisting of two pages, for legal description, incorporated herein, and as shown on EXHIBIT 'B', consisting of two pages, for reference only, attached hereto.
Dated: December 1, 1988
-I Paul/
BY I c
Par
STATE OF CALIFORNIA
COUNTYOF Sari Diego 1 ss.
On December 1, 1988 before
me. the undersigned. a Notam Public in and for said
State, personally appeared Paul K 0 Tchang Y.
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 one
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.
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Signature (This area for official notarial seal)
I 1 Title Order No. Escrow or Loan No.
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POR. LOT 36, C.T. 74-21
MAP 10372; P.I.P. 88-3
CARLSBAD REF. PR 3.5.42
PD 310; DWG 291-9
CMWD 88-C.254(B)
J.N. 103/88/00
REV'D. 11/18/88
LLW/cf
EXHIBIT A
LEGAL DESCRIPTION:
EASEMENTS FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG AND
ACROSS THAT PORTION OF LOT 36, ACCORDING TO MAP NO. 10372, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL
13, 1982, SAID EASEMENTS BEING 15.00 FEET IN WIDTH, LYING 7.50
FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINES:
PARCEL A:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SAID
POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKER
AVENUE EAST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO
BEING THE NORTHEASTERLY LINE OF SAID LOT 36, SOUTH 32" 20'53"
EAST, 295.92 FEET TO THE BEGINNING OF A TANGENT 264.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID CURVE BEARS
NORTH 57" 39'07'' EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 66"47'35" A DISTANCE OF 307.76
FEET TO A POINT HAVING A RADIAL BEARING OF SOUTH 55'33'18'' EAST;
THENCE TANGENT TO SAID CURVE, SOUTH 34"26'42" WEST, 9.68 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 47'23'23" WEST,33.32
FEET TO POINT 'A'; THENCE CONTINUING ALONG SAID CENTERLINE,
NORTH 47'23'23" WEST, 66.82 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL A, 15 FEET IN
WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHALL
TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT
CENTERLINE TERMINUS.
PARCEL Al:
COMMENCING AT THE AFORESAID POINT 'A'; THENCE NORTH 42" 36'37"
EAST, 20.00 FEET TO THE POINT OF TERMINUS.
PAGE 1 OF 2
0 1274
,I ..
THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL Al, 15 FEET IN
WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN THE NORTH
SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL A, AND SHALL
TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT
CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A AND Al: 1689.60 SQUARE FEET
PARCEL B:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SAID
POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKER
AVENUE EAST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 36, SOUTH 32" 20'53"
EAST,130.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57"
39'07'' WEST, 26.50 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL B, 15 FEET IN
WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINOUS AND SHALL BEGIN IN SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHALL
TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT
CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCEL B: 397.50 SQUARE FEET.
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DATE " ~,.. CHARLES S. KAHR R.C.E. 23907
REGISTRATION EXPIRES 12/31/89
PAGE 2 OF 2
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9. " 1214 a
CERTIFICATION FOR ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property
.conveyed by.the easement dated December 1, 1988
from Carlsbad Oaks East, Ltd.
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. 89-14 , adopted
on Janaury 17, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
-
DATED : January 18, 1989
By :
,. I " ..
v. .. 0 ;i. 0&&2 5 f '. 'RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) r"$p2aT;] $;2 plls
CITY OF CARLSBAD 1 .*. CITY CLERK 1 .' 1275 ijt ~3cp;.~~z~&L. .>rL!5 il" :-..>; z<:::fics y. -'.-.w "d 2 3 -. " . .< . " ... : i :* t,&., 5
1200 Elm Avenue Carlsbad, CA 92008 i 1 89FEB -3 AH 8: f 0
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PR 3.5.42/PD 310
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENTRESULTS INYOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUWECT 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 5th day of December 19x by
Carlsbad Oaks East, Ltd. owner of the land hereinafter described and hereinafter
referred to as "Owner," and Paul K. Tchang, Trustee U/T/A dated June 16, 1978
and Theodore E. Gildred, Trustee U/T/A dated January 30, 1977, present owner and
holder of the deed of trust and not hereinafter described and hereinafter
referred to as "Beneficiary";
WITNESSETH
THAT WHEREAS, Carlsbad Oaks East, Ltd did execute a deed of trust,
dated December 27, 1984, to Ticor Title Insurance Company of California as
trustee, covering Lots 23 through 38 of Map No. 10372, to secure a note in the
sum of eight million one hundred thousand dollard ($8,100,000) dated December
27, 1984, in favor of Carlsbad Oaks East, Ltd. recorded December 28, 1984, as
File No. 84-482661 of Official Records of said county; and
I. ., . d .* 1216 -:. . . 0 WHEREAS, Owner as executed, or is about to execute, as c Irantor, a grant
-* of Easement dated December 1’ 198F in favor of the City of Carl sbad as grantee
herein referred to as ”Easement Grantee,” creating AN/THE Easement more
particulary described in EXHIBIT A attached hereto; and
WHEREAS, Easement Grantee is wi 11 ing to accept said 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 benef-
iciary 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 Ease-
ment shall, when recorded, constitute a charge upon said l and which is uncondi -
tionally 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, under-
stood and agreed as fol1 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.
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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 subor-
dinates 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 re1 iance
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
3. An endorsement has been placed upon the note secured by the deed of
trust above mentioned that said deed of trust has by this instrument been subor-
dinated to the charge of the Easement in favor of Easement Grantee above
referred to.
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OWNER CARLSBAD OAKS EAST, LTD.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
THE PARTIES CONSULT WITH THEIR AllORNEYS WITH RESPECT THERETO.
(Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.)
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A N
1 jss. I STATE OF CALIFWA Diego COUNTY OF
On - r " 7n 1988 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Paul K. Tchang and "_ , personally known io me (or proved to me on the basis
of satisfactory evidence) to be the persons who executed the within instrument as
President and "_ Secretary, on behalf of
Tech Construction Corp.
thecorporationthereinnamed,andacknowledgedtomethatsaid
corporation executed the within instrument pursuant to its by-
lawsoraresolutionofitsboardofdirectors,saidcorporationbeing
known to me to be one of the partners Of
Carlsbad Oaks East, T,td -
the partnership that executed the within instrument, and ack-
nowledged to me that such corporation executed the Same as
"
0,FFICIAL SEAL ELIZRBETH 9. EBB98.EWEGE n$ 2 NOTARY PUBLIC - GAI.I:'3GNIA a*
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fawary 18, 131 ,"
,I D,EGZ c;-.t".->, 5
JU,Y 1 I .A
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such partner and that such partnership executed the same.
WITNESS my Ad and official seal.
Signature (This area for official notarial seal) &5HJ/&.f.
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R 9 /(?&--e
~ ~ ~~
s STATE OF CALlFORNl I )ss. I m a COUNTYOF %an Diego
E 0 a, c said State, personally appearedal. 16 .. 1978 i=
m
On November 30, 19@? ,before me, the undersigned, a Notary Public in and for
c
._ L a, E Q
4-
._ ? personally known to me (or proved to me on the basis of satis-
LL z factory evidence) to be the person(s) whose name(s) Ware sub-
7 ' scribed to the within instrument and acknowledged to me that
13
._ U C - v he/she/they executed the same.
&i ? WITNESS my hand and official seal. 'D - /,
SA?: "YEGO CI)UWN
b~~~~l
0
w Signature (This area for official notarial seal) 0
0
t e 1280 @
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ATTORNEY-IN-FACT ACKNOWLEDGMENT
:Ti _. ,I",
State of k & '*4PA?& z pb?e 1;:m d G-( .*; $
On this the - day o 19 ., -A
County of SC;~ *? u lj 0 i Lz/ : ;-Y p C.5 &/ . 3 &u;&z,t7 43" (name of attorney in fac 1 i/ ss. before me, the undersigned Notary Public, personally appeared
wpersonally known to me
'0 proved to me on the basis of satisfactory evidence
to be the person whose ?ame is subscribed to the within instrument as attorn1
in fact of ,B
person not appearing before Notary), the principal, and acknowledged to r
(hekhe) subscribed the principal's name thereto ar
". *a .&i jww ,+i,& 5 ; & ~ k ;Q p" y2 j..J -9 (name
&'.+-" 'i' *e?,' OFFICIAL SEAL
(1 1 l"{.~y,&y; &cbBh CIANE fisk, STWNG that di *- j i <>
( j '.I*J ,~ "iLe3 ,, y "?i> fl.>+.cje TIGTGX PUBLiC - CXLIFOZNIA ',! \\9&$2 S?,?] D;cco Cgi;"(i\( :,G (hislher) own name as attorney in fact.
,, '>L, .C.LP..c. P,;y comm. expim &X 4, 1991 ) WIT SS my hand and offici$ seal. i. -7; .:- """" .". ","" .- .. "-./-."./ - . v ,," ",,"A I Tj[/&&, -;./i-zJ:i-
NofaTs Signature l
7140 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.O. BOX 4625 Woodland Hill
ATTORNEY-IN-FACT ACKNOWLEDGMENT
State of California On this the 5th day of December 1 9"
County of San Diew Paul K. Tchanq
SS. before me, the undersigned Notary Public, personally appeared
(name of attorney in fact) W personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorne!
OFFICIAL SEAL in fact of Theodore E. Gildred (name o
JEANETTE M. SCHWARTZ person not appearing before Notary), the principal, and acknowledged to mc
that he (hekhe) subscribed the principal's name thereto anc NOTARY PUBLIC CALIFORNIA
PRlNCiPAt OFFICE IN his (hislher) own name as attorney in fact.
4
7140 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.O. Box 4625 Woodland Hills,
*. f
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e 'I 1281 e MOV I
, POR. LOT 36, C.T; 74-21
MAP 10372; P.I.P. 88-3
CARLSBAD REF. 'PR 3.5.42
PD 310; DWG 291-9
CNWD 88-C. 254( B) J.N. 103/88/00
REV'D. 11/18/88
LLW/cf
EXHIBIT A
~~ ~
LEGAL DESCRIPTION:
EASEMENTS FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG AND
ACROSS THAT PORTION OF LOT 36, ACCORDING TO MAP NO. 10372, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL
13, 1982, SAID EASEMENTS BEING 15.00 FEET IN WIDTH, LYING 7.50
FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINES:
PARCEL A:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SAID
POINT BEING A POINT ALONG THE SOUTH.WESTERLY RIGHT-OF-WAY OF LOKER
AVENUE EAST; THENCE-ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO
BEING THE NORTHEASTERLY LINE OF SAID LOT 36, SOUTH 32' 20'53"
EAST, 295.92 FEET TO THE BEGINNING OF A TANGENT 264.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID CURVE BEARS
NORTH ,57" 39'07" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 66'47'35" A DISTANCE OF 307.76
FEET TO A POINT HAVING A RADIAL BEARING OF SOUTH 55'33'18'' EAST;
THE TRUE POINT OF BEGINNING; THENCE NORTH 47O23'23'' IJEST,33.32
FEET TO POINT 'A'; THENCE CONTINUING ALONG SAID "CENTERLINE,
NORTH 47'23'23" WEST, 66.82 FEET TO THE POINT OF TERMINUS.
THENCE TANGENT TO SAID CURVE, SOUTH 34'26'42" WEST, a9.68 FEET TO
THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL A, 15 FEET IN
WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHALL
TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT
CENTERLINE TERMINUS.
PARCEL A1 :
% COMMENCING AT THE AFORESAID POINT 'A'; THENCE NORTH 42" 36'37"
EAST, 20.00 FEET TO THE POINT OF TERMINUS.
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*-* .... ,. ' ' :/ e " I282 Woir 3 0 '195 / THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL Al, 15.FEET IN
WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN 'THE NORTH
SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 'A, AND SHALL
TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT
CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A AND Al: 1689.60 SQUARE FEET
PARCEL B:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36, SAID
POINT BEING A POINT ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF LOKER AVENUE EAST; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, ALSO
BEING THE NORTHEASTERLY Lrtm OF SAID LOT 36, SOUTH 32" 20'531'
EAST,130.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57"
39'07" WEST, 26.50 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL B, 15 FEET IN
WIDTH, SHALL BE. LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINOUS AND SHALL BEGIN IN SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE OF LOKER AVENUE EAST, AND SHALL
TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT
CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCEL B: 397.50 SQUARE FEET.
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<-;:: :.: ' ".'. ......... ;./ ... .. CHARLES S. KAHR R.C.E. 23907 DATE
REGISTRATION EXPIRES 12/31/89
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