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Home My WebLink AboutPR 3.5.64; LA COSTA ALICANTE VIEWS; 89-177214; EasementRECORDING REQUESTED BY '. City of Carlsbad @ 1200 Elm Avenue karlsbad, CA 92008 ?+ ANDWR€N RECORDED MAlLTO i- City of Carlsbad 1200 Elm Avenue le et Carlsbad, CA 92008 res & el 1596 88 I*2ib ?_ "= . ." . . . - . .. -~. . ,.. . .-.: I' . - . . . .__i" - l'i .. - . . . . - . " " i - " . . ..- . . i :. . .. . . . . . _. -. . - -- - " .. ". . ." .. ; ." ..." , ,. -- 7 _. ~... -. - . = .- .. - . .. , . .. .. . " i I ~ .. . -. .. - . .. __ . -. . MAIL TAX STATEMENTS TO r 1 Chapparal Estates Corp. 3511 Camino Del Rio South le et Suite 500 I 1 %4$ %-;$ $5 *is 32 sa RQ -%$$ -5 $g 3: 34 =$-E;+ %" EL= :<-!-E : 'I+.- '"2 5 L.z-::5.L: T T -x-;.tL ;-- i >"."x>>" il :-..-?-.iiDEr&l g ."y'i 3 .. " -4 I Ires I& :e L _I San Diego, CA 92108 0 FEE SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 21 5-240-01,02,03&04 CAT. NO. NN00586 Partnership Grant Deed PR 3.5.6A TO 1925 CA (2-831 THIS FORM FURN!SHED BY TICOR TITLE INSURERS PD 304 s DP 88-11 i The undersigned grantor(s) declare(s): t Documentary transfer tax is a Fawnt ofi# . " ( ) 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 APN 215-240-01,02,03&04, and - FOR A VALUABLE CONSIDERATION, receipt of which is hereby >, acknowledged, La Costa Alicante Views a limited partnership organized undefthe laws of the State of Cal i forni a - herebYGRANTStQ City of Carlsbad, a Nunicipal Corporation, an easement for v!aterl ine purposes over, under and across - the following described real property in the Ci ty of Carl shad County of San Diego ~ State of California. 1 See Exhibit "A", Page 1 of 1, for legal description incorporated herein and as shown on Exhibit "Bii for reference on1.v attached hereto. - - Dated: / hi26 / 787 Acknowledgment by Corporation which is General Partner) 1597 STATE OF CALIFORNI '"a m COUNTY OF&& hi F'& 1 ss. c1 g On thisjdayof &! , in the year 19=, before me, the undersigned, a Notary Public in *I " 5 .9j$ and for said County and State, personally appeared 63, Liae Gxmd +--G,wL,e+ vn 8b-s the within instrument as pks6. 3 LT E %t? t o g ' Personally known to me (or proved to me on the basis of saLctEy evidence) to be the persdn who executed E .z 3 andlor 5 &AL% /&.+ or on behalf of the Corporation C 9 ag therein named and on behalf of the PartneLhip; and acknowledged that the Corporation executed and the Part- - O *: $d Q) - I? ,- Notary Seal -1 nership executed the instrument. 0 -re =i G z- -4 co mnu B3 2! n m - 0 0 4 5 I- = ggu is r ‘2 08 r7 s 0- 02 2- -4 $4 i-a *=I gn 02 CD3 I-K z aIz1 =Y) rjm Fm CD I. D 5 n 2 m 0 4 0 5 II a7 0-I I- rjm s 2% mm E= rg@ g!! gi 03 52; B3 8s =Y) 0- I-s -3 I-=! Fg 2 2 n m a e’ D I i 4 “I I? G 1 ggu zz P a= I , 0 1598 0 EXHIBIT 'A' ENGINEERS DESCRIPTION WATER EASEMENT AN EASEMENT FOR WATERLINE PURPOSES AND APPURTENANCES OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOTS 230 AND 231 OF LA COSTA VALLEY UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 6730 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1970 DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 231, DISTANT THEREON N80'35'00"W 23.81 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE LEAVING SAID NORTHERLY LOT LINE ALONG THE WATER EASEMENT THE FOLLOWING COURSES; S9"25'OO1'W 128.36 FEET; THENCE N80'35'00"W 5.00 FEET; THENCE S9'25'OO"W 10.00 FEET; THENCE S80'35'00"E 5.00 FEET; THENCE S9"25'00"W 17.64 FEET; THENCE S80'35'00"E 21.00 FEET; THENCE N9'25'00''E 5.00 FEET; THENCE S80'35'00"E 38.31 FEET; THENCE S85'19'22"E 89.55 FEET; THENCE S4"40'38"W 25.00 FEET; THENCE S85'19'22"E 10.00 FEET; THENCE N4°40'38''E 25.00 FEET; THENCE S85'19'22"E 10.14 FEET; THENCE S4'40'38''W 15.00 FEET; THENCE S85"19"22"E 15.00 FEET; THENCE N4'40'38''E 39.00 FEET; THENCE N85'19'22"W 123.70 FEET; THENCE N80°35'00."W 34.32 FEET; THENCE N9'25'00''E 127.00 FEET TO THE NORTHERLY LINE OF SAID LOT 230; THENCE N8Oo35'00''W ALONG SAID NORTHERLY LINE OF LOTS 230 AND 231, 24.00 FEET TO THE POINT OF BEGINNING. CMWD 80-409 PR 3-5-64/PD 304 0 1599 0 . t .I EXHIBIT 'B' ~ ~~_~~__ t 4.E. CORAER OF UOT TO SCA.L& - 6' 7 PR 3,5474 /?e A.SSESSOf?.'S f"/'ARCEL NO. 215,-2L$O- 02, 03 CMWD 80- PROJECT NAME: ALICANTE EXHlf PROJ. NO. (SDP 85-19 VIEWS APARTMENTS PD 304 , 6 ., 1600 e ”. , CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Fehrllary 1 : 1989 from La Costa Alicante Views 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. 89-95 , adopted on March 28, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 29, 1989 By : WBQA ALETHA L. RAUTENKRANZ, Ciky Clerk 1 " RECORDING REOUESTERy AND ) ' WHEN RECORDED MAIL TO: 1 9 -:+ig:;:../..7 ?:2.!.$-=: " 1 1 l"'L> 16qI ' . ; . .. , .iii "-:- - 1.; .. -.. . - .- . .. ...".". ". . ..i_..."_: .- ." .. -. , .. . :-. -. .. ..~ . "...". -. .... "f . ._ I .. -- . C ) n-; p'"? " .x<%: ?:A pa 1 i; .I g::TzF- - =: ;i t ;.: &* "3 4 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carl sbad, CA 92008 1 - -" -# lii _a - : __" ..~ ."."" 1 I :"<< t- t " - .--,-ii: ".. ..~~=.~~ .,__ z z ~. . .. _. .... : E_._ <-; Lc . . ."~ 2 -i_:i: . .>Lwr-,*?&% f is? -- -;.: : y "._ j i ii*_. %"", i Space above this line for Recorder's use. PD 304/PR 3.5.64 SUBORDINATION AGREEMENT NO Ff NOTICE: THIS SUBORDINATION AGREEMENTRESULTS 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 / day of 64 198f by La Costa Alicante Views owner of the land hereinafter described and hereinafter referred to as "Owner," and Great Western Bank, present owner and holder of the deed of trust and not hereinafter describd and hereinafter referred to as "Ben- ef ici ary" ; WITNESSETH THAT WHEREAS, La Costa Alicante Views did execute a deed of trust, dated August 5 1988, to California Reconveyance Company as trustee, covering Lots 229, 230, 231 and 232, Map 6730, to secure a note in the sum of five million fifty thousand dollars ($5,050,000.00) dated August 5, 1988, in favor of La Costa A1 icante Views recorded September 27, 1988, as File No. 88-490338 of Offici a1 Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated /&b /98P , in favor of the City of Carl sbad as +,- /# \ ,j>qq \l Y LQ, &X>\\ y'" I 0 1602 0 grantee herein referred to as "Easement Grantee,'' creating an Easement more particularly described in Exhi bit A attached hereto; 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 1 ien 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 1 and which is unconditionally prior and superior to the lien or charge of the deed of trust above menti oned. 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 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. 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 -2- e 1633 * 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 pro- visions, 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 subor- dination of the grant of Easement is being executed and delivered, the'Easement IS/ARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title I insurance companies which would not be made or entered into but for said ,. b I. 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 subordinated to the charge of the Easement in favor of Easement Grantee above referred to . BENEFICIARY OWNk / GREAT WESTERN BANK, a FEDERAL BY sAvwg&+ - * A: R. Cottee, Regional Vice President t vice Aesiden I ,' / /' , I 4ii@ c / /u%7 ' ,// , //A & W,i,2l/ A. Go in Pres. Jef;@ries I11 In - 3 /.PA" 0 "F .. . GYM. Brown Sec. Jeffries I11 Inc. t// /. ,, 0 @ c 1634 z STATE OF CALIFORNIA E, COUNTY OF Sari Diew 1 ss. U FOR NOTARY SEAL OR STAMP - Onthis 1st day of February . in the year-. 1989 E Q C Y B S 0 .- - L !2 7 ? 2 ? k V N r before me, the undersigned. a Notary Public in and for said County and State. personally appeared A - R Cot tee and Richard K. Meyer , personally known to me (or proved) to me on the basis of atisfactory evidence) to be the ersos( s) who e ecu dthe withi%sat$m%?,' Vice Presidentand 2s %-~qga&$&%~ 1st behalf of the corporation therein named and acknowledged to me that the corporation executed it. n k%L&l, r said County and State L Acknowledgment by Corporation which is General Partner) STATE OF CALIFORNIA Q) COUNTY Of ~%d 0 LE &a * g On this--".-day i of & 1 ss. - "l , in the year 19=, before me, the undersigned, a Notary Public in cl- h .9g : 2$ and for said County and State, personally appeared Le&- A 'bo."'2 Y- L4zG.L7 * B;w? ?? sa Personally known to me (or proved to me on the basis of satisfactory evidence) to be the Person who executed the within instrument as ff2s-nwc i -z 3 andior J+~cA~*y or on behalf of the Corporation 1' -2 E a therein named and on behalf of the Partnkhip; and acknowledged that the Corporation executed and the Part- nership executed the instrument. ?- .% a if: Notary Public in and for said County and State I - I a 1635 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: *JR., R, ,i% '3: 3o.w (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) I -4- I ;* I606 * v EXHIBIT 'A,' ENGINEERS DESCRIPTION WATER EASEMENT AN EASEMENT FOR WATERLINE PURPOSES AND APPURTENANCES OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOTS 230 AND 231 OF LA COSTA VALLEY UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 6730 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1970 DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NOZTHERLY LINE OF SAID LOT 231, DISTANT THEREON N80°35'00"W 23.81 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE LEAVING SAID NORTHERLY LOT LINE ALONG THE WATER EASEMENT THE FOLLOWING COURSES; S9'25'OO"W 128.36 FEET; THENCE N80'35'00"W 5.00 FEET; THENCE S9'25'OO"W 10.00 FEET; THENCE S80'35'00"E 5.00 FEET; THENCE S9'25'OO"W 17.64 FEET; THENCE S80'35'00"E 21.00 FEET; THENCE N9"25'00"E 5.00 FEET; THENCE S80'35'00"E 38.31 FEET; THENCE S85'19'22"E 89.55 FEET; THENCE S4"40'38"W 25.00 FEET; THENCE S85'19'22"E 10.00 FEET; THENCE N4'40'38"E 25.00 FEET; THENCE S85"19'22"E 10.14 FEET; THENCE S4"40'38"W 15.00 FEET; THENCE S85"?9"22"E 15.00 FEET; THENCE N4"40'38"E 39.00 FEET; THENCE N85'19'22"W 123.70 FEET; THENCE N80'35'00"W 34.32 FEE?'; THENCE N9'25'00"E 127.00 FEET TO THE NORTHERLY LINE OF SAID LOT 230; THENCE N80'35'00"W ALONG SAID NORTHERLY LINE OF LOTS 230 AND 231, 24.00 FEET TO THE POINT OF BEGINNING. CMWD 80-409 PR 3-5-64/PD 304