HomeMy WebLinkAboutPR 3.5.65; Aviara Land Associates, LP; 89-345753; EasementI , ' , RECORDING REQUESTEDBY 0 89 3:6:5.?53
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AND WHEN RECORDED MAIL TO
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City of Carlsbad
1200 Elm Ave. : V$?". I ne
?et Carlsbad, CA 92008 dress
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MAIL TAX STATEMENTS TO r 1
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APN 215-040-16
2 The undersigned grantor(s) declare(s):
t Documentary transfer tax is 0 (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 Carl sbad , and
- FOR A VALUABLE CONSIDERATION7 receipt of which is hereby acknowledged,
Aviara Land Associates Limited Partnership
a Limited partnership organized under the laws of the State of Delaware - herebyGRANTSto the City of Carlsbad, a Municipal Corporation, an easement for waterline purposes and appurtenances over, under and across
- the following described real property in the City of Carlsbad
County of San Diego , State of California.
See Exhibit "A", consisting of one page, for legal description
incorporated herein and attached hereto. -
I See Exhibit 'IB", consistinq of one -
Dated: June 7, 1989
STATE OF CALIFORNIA
COUNTY OF } ss.
On before
me, the undersigned, a Notary Public in and for said
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.
See Attached Signature
page, and attached hereto for
Aviara Land Associates
Limited Partnership
A Delaware Limited Partnership
BY: Aviara Land Company, A
Delaware Corporation, a
General Partner
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By: Republic Development Compan] c A Cali rnia Corporation,
Gener Partner
By : n D.L. Clemens, Vice Presidenl
YL \ By : I . Harw, Vice Presic
P
(This area for official notarial seal)
I 1 Title Order No. Escrow or Loan No.
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EXHIBIT "A" PR 3.5.65
CM 86-503
LEGAL DESCRIPTION 5/29/1989
EASEMENT PURPOSES 215-040-16
FOR 159-12.2
TO THE
CARLSBAD MUNICIPAL WATER DISTRICT
PARCEL 1
A PORTION OF THE NORTHEAST ONE-QUARTER AND .A PORTION OF THE
NORTHMEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH , RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
A STRIP OF LAND 68.00 FEET IN WIDTH, LYING 34.00-FEET EACH SIDE
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 27; THENCE
SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 27,
SOUTH 00 02'25'' EAST, 1334.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND SOUTH 00 02'25'' EAST,
189.30 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 30 15'25'', A DISTANCE OF 264.04
FEET; THENCE SOUTH 30 1310011 WEST, 60.12 FEET TO THE CENTERLINE
OF ALGA ROAD AND THE POINT OF TERMINATION.
THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED AND OR SHORTENED SO AS TO TERMINATE NORTHERLY ON A LINE THAT BEARS SOUTH 87 32 r1411 EAST FROM THE TRUE POINT OF BEGINNING
AND NORTH 87 30'08'' WEST FROM THE TRUE POINT OF BEGINNING.ALS0
SAID SIDELINE TO TERMINATE AT THE SOUTHERLY END AND ON THE
NORTHERLY RIGHT-OF-WAY OF ALGA ROAD BEING A LINE LYING 51.00 FEET NORTHERLY AND PARALLEL TO A LINE THAT BEARS NORTH 59 47'00'' WEST THROUGH THE POINT OF TERMINUS.
INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED
WESTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY , TANGENT TO SAID SIDELINE AND SAID
NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD
INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED EASTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY , TANGENT TO SAID SIDELINE AND SAID
NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD.
A
OLD IN^ LS -do07
DATED MAY 29, 1989
. .. ><*,
NORTH ONE-QUARTER
NORTH-SOUTH ONE-QUARTER LINE.
CORNER, SECTION 27
R. 0. S. 1 0774 R.O.S. 10774
21 5-040-1 6
R.O.S. 10774
GRAPHIC SCALE
( IN FEET )
1 INCH= 100 FT
( ) = INFORMATON TAKEN FROM R.O.S. 10774.
ME NORTHERLY PORTION OF BASIS OF BEARINGS :
APPROVED BY :
LUKE-DUDEK 605 Third Street, Encinitas, CA 92024 FILE 159-1 2-1 .DWG
a e 1675 0
6, * *
% ' STATE OF CALIFORNIA ) ) ss.
COUNTY OF Sari Diego )
On June 7, 1989 before me, the undersigned, a
Notary Public in and for said State, personally appeared
basis of satisfactory evidence to be the person who executed the
within instrument as the Vice President , and John R. Hartung
personally known to me or proved to me on the basis of I
satisfactory evidence to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed
the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the 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.
D.L. Clemens , personally known to, me or proved to me on the
WITNESS my hand and o
(Seal)
STATE OF CALIFORNIA )
COUNTY OF San Diego )
) ss,
On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared
D.L. Clemens , personally known to me or proved to me on the
basis of satisfactory evidence to be the person who executed the within instrument as the Vice President , and John R. Hartung ,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the Vice President of Republic
Development Company, a California corporation, the corporation
that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the 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.
WITNESS my hand and offipial seal. -
(Seal)
b.
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*, 1676 m
CERTIFICATION FOR ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property
. conveyed by. the easement dated June 7, 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 Carlsbad,
California pursuant to resolution No. 89-200 , adopted
on June 27, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
-
DATED : June 28, 1989
By : RI
-, . ALETHA L. RAUTGNKRANZ, Citl;) Clerk
I
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~~~~~~~~~ ". REQUESTED Ba " 1677 8 9 @.%? 5 Q
< ""f tcoe, ri-kLa 1,u,>b.f&& .-Q""" $ ~~~~-~~?;;'~~:~.Ys .;:$-;2gL"t~<-tt rfE,r-__, jii -" " ~. : : , " i..4?.. ?: ?-.:ShG> 7
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b- .iz.trtN#ER A
i-7; "..-: ::i i: ~.~..~~ ~ ". . -, ..;<,; ;;i..+*7y !x+ * RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD 1 1200 Elm Avenue ) Carl sbad, CA 92008 )
-. -3. . . $' ,.<". +
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Space above this line for Recorder's use. PR 3.5.65
SUBBZEINATION AGREEMENT CT 85-35 APN 215-040-16
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST INTHE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR
SECURITY INSTRUMENT ATTACHE SAND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR SECURITY
INTEREST.
THIS AGREEMENT, made this 7th day of June 1989 by
Aviara Land Associates, Limited Partnership, a Delaware limited partnership
hereinafter referred to as "Owner," owner of the land and First Interstate Bank
of Cal ifornia, 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 a portion of Section 27, Township 12 South, Range 4 West, San
Bernardino Meridian in the City of Carlsbad, County of San Diego, State of
Cal iforni a, to secure a note in the sum of One Hundred Twenty Five Mil 1 ion
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, 1985, as File No. 88-661636 of Official Records of said
county; and
7. -
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WHEREAS, Owner has executed, or is about to execute, as grantor, a
grant of Easement dated June 7, 1989 , in favor of the City of Carl sbad as
grantee herein referred to as "Easement Grantee," creating an Easement more
particularly described in Exhibit 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 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
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.
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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
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
3.
note secured by the and 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 .
..' .* - .'
>* * .' I e 1680 e
I -~L
BENEFICIARY OWNER
First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED PARTNERSH I P
Aviara Land Company, General Partner
By: \LL '? b-&qizAbL.*
Kevin I?. McKenna, Assistmt
Vice President ss
By : 1
.yy. Republ ic'Devel opment Company, General Partner
By ~i3c"j :
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRET4P.Y OR ASSISTAW?
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 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 of execution by DEVELOPER and SURETY must be attached. )
,. 0 1681 0
I' .
I , .k
STATE OF CALIFORNIA )
) ss.
COUNTY OF sari Diego )
On June 7, 1989 before me, the undersigned, a
Notary Public in and for said State, personally appeared
D.L. Clemens , personally known to me c-owe+k"e
within instrument as the Vice President , and John R. Hartung ,
oe to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the 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.
f Ai hf-f ^"&deaee to be the person who executed the
personally known to me QT ~~nwd to rno QE th~! LZ~C of
WITNESS my hand and o
(Seal)
STATE OF CALIFORNIA )
COUNTY OF sari Diego )
) ss.
On June 7, 1989 before me, the undersigned, a
D.L. Clemens , personally known to me or "x x the Notary Public in and for said State, personally appeared
within ins-e Vice President , and John R. Hartung
personally known to me VP~ tt r r to be the person who executed the within instrument as the Vice President of Republic
Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land
Associates Limited Partnership, a Delaware Limited Partnership, the 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.
-P VI 3 lacme to be the person who executed the
WITNESS my hand and
(Seal)
KATHLEEN A. ARNOU)
. ;* 3
# 8' ,.
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e 1682 0
CAT. NO. NN00737
TO 1945 CA (7-82) @J TITLE INSURANCE AND TRUm (Corporation) ATICOR COMPANY
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
On - .h~e 7. 1989
said State, personally appeared Kevi n P_Kenna
personally known to me or proved to me on the basis I 7 before me, the undersigned, a Notary Piblic in and for
bf satisfictory evidence to be the person who executed
the within instrument as the Assi stant Vi r-
President, and Marcv A1 len
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- personally known to me or
proved to me on the basis of satisfactory evidence to be 2 0
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;he person who executed the within instrument as the
that executed the within instrument and acknowledged
to me that such corporation executed the wit? instru-
t Sk&&#y' of the Corporation
oF:icI4l SEAL
7 ment pursuant to Its by-laws 01
board WITNESyz5id of directors. / a 6" / 17 I
Signature
. .. p, a resolufon of its I
jY$.+l.+.+/l/ I (This area for official notarial seal)
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EXHIBIT "A" PR 3.5.65
CM 86-503
LEGAL DESCRIPTION 5/29/1989
EASEMENT PURPOSES 215-040-16
FOR 159-12.2
TO THE
CARLSBAD MUNICIPAL WATER DISTRICT
PARCEL 1
A PORTION OF THE NORTHEAST ONE-QUARTER AND A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH , RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
A STRIP OF LAND 68.00 FEET IN WIDTH, LYING 34.00 FEET EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 27; TIIENCE
SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 27,
SOUTH 00 02'25" EAST, 1334.86 FEET TO THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID CENTERLINE AND SOUTH 00 0212511 EAST,
189.30 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 30 15'25", A DISTANCE OF 264.04 FEET; THENCE SOUTH 30 131001r WEST, 60.12 FEET TO THE CENTERLINE
OF ALGA ROAD AND THE POINT OF TERMINATION.
THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED AND OR SHORTENED SO AS TO TERMINATE NORTHERLY ON A LINE THAT BEARS SOUTH 87 32'14" EAST FROM THE TRUE POINT OF BEGINNING AND NORTH 87 30'08" WEST FROM THE TRUE POINT OF BEGINNING.ALS0 SAID SIDELINE TO TERMINATE AT THE SOUTHERLY END AND ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD BEING A LINE LYING 51.00 FEET
NORTHERLY AND PARALLEL TO A LINE THAT BEARS NORTH 59 47'00" WEST
THROUGH THE POINT.OF TERMINUS.
INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED
WESTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY , TANGENT TO SAID SIDELINE AND SAID
NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD
INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED EASTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY , TANGENT TO SAID SIDELINE AND SAID
NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD.
A -1- ,&-Q<.jL"%
TEd;%?9GOLDINC.' LS &07
DATED MAY 29, 1989