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Home My WebLink AboutPR 99-52; DARBY CREEK/CARLSBAD, LLC; 1999-0462076; Easement.I& . . ' .b \ f $, ,, b / v 'b, n ,Ab 1 '$ . ,- %, .I .." 1 :.' ' :i r ...A \ ,' :\?) i/ \ /" \I \L./' 2 p, ,. r;=;i"-i"i F' 6% <. '. * c ~~~~~~~~-~~~~"~.,~~~ *,4 ?-%Fa F" :"'._ ! _:z ?=:, t $3 kt " &!& I 3 . - :$&;,z :& : ; & ," := L. = gd3= q.703 &/O -cyJ- ., 1097 1 3kl -1.. %.;_E 4"- i !!f " '4 ?!E-j:g 2:. z 3: RECORDING REQUESTED BY: u pl. b\kir-&6Fi!$?Y-{ I- *:I% 'i d e., '. kelb<,'Ah,,4 -x ., , rrrTpTxAj :ifprt~iT,P .. WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: luluul!~~l~ll~~~l ."I ; ..G.l.R- I?ZL-L!'?US <IE*.~ r lcy "zni liiT;-f f.fiznrf)C;'i i :: ;jrhrIp[ :-if?!< :]>.j-..4 !?;>.jfi* i F.b>,z:>b::\ :j k,; j =.-!, Cl,;,!-gkY :-/- $$T-%, pxJy z@;$yE$,; I&v 'r .--. r!*: r ,L : , i i;. f!!'# '' L VL' @j FEr2 i E? 2 ... .i _' ,. : i: : EXEMPT 199Y-0462G76 ,. h pi".-- -. SPACE ABQVE. THIS !..\NE, FOR RECORDEI ti'\ _- +he undersigned grantor(s) declare(s): Assessor's Parcel No.: 222-564 Documentary transfer tax is $o.oO Ajg'W Project No. & Name: PR 99-5 ( ) computed on full value of property conveyed, or CT 85-19, MEADOWLANDS ( ) computed on full value less value of liens and ( ) Llnincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. GRANT DEED OF EASEMENT I MASTERSiFORMSiGRANT DEED FORM Rev. 11 10: + 3- ,- ,e ” 10972 0 EXHIBIT “A” LEGAL DESCRIPTION FOR PUBLIC ROADWAY EASEMENT PW9-52 Being a portion of Lot 35 of Carlsbad Tract 85-19, Meadowlands, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 13525 as recorded on December 22,1997 as file No. 1997-065 1083 of Official Records, on file in the office of the County Recorder of said county, being more particularly described as follows: Commencing at a point on the Northerly line of said Lot 35, said point being also the most Easterly corner of Lot 39 of said map; thence North 64’36’04” East 4.35 feet to the beginning of a non-tangent curve concave Northwesterly and having a radius of 634.00 feet, a radial to said point bears South 59’59’41” East; thence Southwesterly along said curve through a central angle of 14’34’56” a distance of 161.36 feet to the TRUE POINT OF BEGINNING, said point being the beginning of a non-tangent curve concave Northeasterly having a radius of 140.00 feet, a radial to said point bears South 24’06’27’’ West; thence Northwesterly along said curve through a central angle of 01’07’55’’ a distance of 2.77 feet; thence tangent to said curve North 64’45’38” West 106.07 feet to the beginning of a tangent curve concave Northeasterly having a radius of 290.00 feet; thence Northwesterly along said curve through a central angle of 16’06’43” a distance of 81.55 feet to the beginning of a compound curve having a radius of 637.00 feet, a radial to said beginning bears South 41’21’05” West; thence Northwesterly along said curve through a central angle of 13’1 3’ 1 1” a distance of 146.97 feet to a point of cusp on the Northeasterly right of way line of Melrose Drive and the southwesterly line of said Lot 35; thence along said right of way South 35’25’44” East 300.15 feet to the beginning of a tangent curve concave Northerly and having a radius of 25.00 feet; thence Southeasterly, Easterly and Northeasterly along said curve through a central angle of 95’03’37” a distance of 41.48 feet; thence tangent to said curve North 49’30’39’’ East 18.59 feet to the beginning of a tangent curve concave Northwesterly having a radius of 634.00 feet; thence Northeasterly along said curve through a central angle of 04’55’23” a distance of 54.48 feet to the TRUE POINT OF BEGINNING. Said land contains 0.240 acres, more or less This document consisting of 1 page was prepared by me or under my direction: 6-GZ-3q ’Robert L. Ozibko P.L.S. 4666, My License Expires 9-30-99 page 1 of 1 O:WOB\1994\94573\DOCS\573-003.d0~ - I . EXHWB ”B” SHEET 1 I-yY? BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF MELROSE DRIVE AS SHOWN ON MAP No. 13525, RECORDED DECEMBER 22, 1997 AS FILE No. 1997-0651 083 OF OFFICIAL RECORDS, BEING N35’25’44”W. ASSESSORS PARCEL NUMBER: 222-52- 01 LEGEND: 1////1 AREA: 0.240 ACRES INDICA E.. RIGHT- OF- WA Y EA SEMEN T DEDICA TION EASEMENT NO E: EXISVNG 20’ SEWER EASEMENT TO SAN MARCOS COUNTY WA TER DISTRICT PER a DOCUMENT RECORDED JULY 29, 1958 IN BOOK 7187, PAGE 568, O.R. @ OF CARLSBAD PER MAP 13525. GENERAL UnLlTY ACCESS AND DRAINANGE EASEMENT DEDICATED TO THE CITY THIS DOCUMENT CONSISTING OF 2 PAGES, WAS PREPARED BY ME OR UNDER MY DIRECTION: fJ) E!@. NO. 9-30-99 4668 .‘?E OF C&L\t &\\‘ LICENSE EXPIRES: 9/30/99 I PREPARED B F CDC ENGINEERING INC, Civil Design Consultants 5 Mgley, be, CA 92718 (714)830-6801 o WNER/APPLICAN T DARBY CREEK/CARLSBAD, 11 C, A CALIFORNIA LIMITED LIABILITY COMF 3103 ULLA WAY NEWOR T BEACH, CA (949) 675-9844 APPLICANT: DARBY CREEK PREPARED BY: NEWPoRT BEACH’ ‘A ROAD EASEMENT - CITY OF CARLSBAD ROBERT L. OZIBKO 3103 VILLA WAY P.L.S. 4666 9/30/99 (949) 675”9844 REG. No. EXP. DATE DWG. # PF PROJ. No. I I I SHEET Z / \/ I \ GRAPHIC SCALE 50 0 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. APPLICANT: DARBY CREEK PREPARED BY: ROAD EASEMENT - CITY OF CARLSBAD ROBERT L. OZIBKO 3103 VILLA WAY NEWPoRT BEACHr CA P.L.S. 4666 9/30/99 DWG. # F PROJ. No (949) 675-9844 EXP. DATE 9, I. '. .e 10975 e . CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated June ; 1999, from Darby CreeWCarlsbad, LLC, to the City of Carlsbad, California, a municir corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursua to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to t recordation thereof by its duly authorized officer. DATED: July 1, 1999 :.t , .\ ' .;.. a 1.0976 *$ ,j ,.l \J&+DL; pi=Jp-B' z- 3' .qi + J-LiE- El_$. 3 1999 4- = 36 I RECORDING REQUESTED BY CA&f&qB 1A TITI F "c.. @%I\( ORDED MAIL TO: 1 I City Clerk I CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 FFKX9L REK@DS SAM DIEGO EfluHTY RE@?$@'$ DiFlCE GREGOR'/ J. SMITH? COUNTY ,F:ECI)/@'R FEES: 0.00 ~l~l~l~~~l~~l~~Ill~il~~l~~ 1999.0462077 AI 74 9 T(j;ids& ;i-j _. 5:;- 1.. 1 k$ SPACE ABOVE THIS LINE FOR RECORDEF !I/.$ l"lF\*,;:@ * / ASSESSOR'S PARCEL NO. 222-562-04 PROJECT NO. & NAME: PR 99-52 L, CT 85-19 MEADOWLANDS SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) L j' G I ,q 3\ i; I ,5Ai '3 (" -I // Jiki f7, ,, .< "/j" q iJ -~__ . ,i ', ><"/ NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT 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 is made this 23-1;Z(day of '2x. )"LC , 1993 b CreeWCarlsbad: LLC, a California limited liability company, owner of the Ian her described and hereinafter referred to as "Owner," and Imperial w dv a C G343rC corporation, present owner and holder of the deed of trust hereinafter described, he' referred to as "Beneficiary;" WITNESSETH WHEREAS, DarbyCreeWCarlsbad, LLC, a California limited liability comp; execute a deed of trust, dated October 8, 1997 to Imperial Bancorp, a California corpor trustee, to secure a note in the sum of $14,840,700.00 dated October 8, 1997 in Imperial Bancorp, a California corporation recorded In the office of the County Recorde Diego County on October 24, 1997 as File No. 1997-0534123 of Official Records county; and 1 I MasterslFormslSubordinatlan Agt Trust Deed Holders Rev. 1212416 ,- 0 10977 0 WHEREAS, Owner has executed, or is about to execute, as grantor, a { EASEMENT dated d-'&a. c ?'/, in favor of the City of Carlsbad as grantee herein referrc "Easement Grantee" creating AN EASEMENT more particularly described in EXHIBITS attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided tt of EASEMENT is a charge upon the above described property prior and superior to tht charge of the deed of trust above mentioned and provided that Beneficiary will specific unconditionally subordinate the lien or charge of the deed of trust above mentioned to 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 ( accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT shal recorded, constitute a charge upon said land which is unconditionally prior and superic lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the hereto and other valuable consideration, the receipt and sufficiency of which consider hereby acknowledged, and in order to induce Easement Grantee to accept said EAS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT in favor of Easement Grantee shall unconc be and remain at all times a charge on the property therein described, prior and superic lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT described without this subordination agreement. 3. That this agreement shall be the whole and only agreement witt to the subordination of the lien or charge of the deed of trust above mentioned EASEMENT in favor of Easement Grantee above referred to and shall supersede and but only insofar as would affect the priority between the deed of trust and EAS hereinbefore specifically described, any prior agreement as to such subordination incluc 2 MasterslFormslSubordlnat!on Agt Trust Deed Holders Rev. 12124!9 e65 .- e I0978 0 not limited to, those provisions, if any, contained in the deed of trust above mention provide for the subordination of the lien or charge thereof to another interest in the rea therein described. Beneficiary declares, agrees and acknowledges that: 1. We consent to and approve the grant of EASEMENT in favl Easement Grantee. 2. We intentionally and unconditionally subordinate the lien or char deed of trust above mentioned to the EASEMENT in favor of Easement Grantee above to and understands that in reliance upon, and in consideration of, this subordination of I of EASEMENT is being executed and delivered, the EASEMENT IS being created, specific monetary and other obligations are being and will be entered into by the E Grantee, other lenders and title insurance companies which would not be made or entl but for said reliance upon the subordination. ! Ill Ill Ill Ill I MastersiFormsiSubordinatton Agt Trust Deed Holders 3 Rev. 12124197 I 'I e 10979 0 3. This Agreement represents an endorsement to the note secured by of trust above mentioned and that said deed of trust has by this instrument been sub to the charge of the Easement in favor of Easement Grantee above referred to. Executed this ~:213 day of r". 4 L' ~-~~.. ,19x. BENEFJClP,RY: SJ /+)L 9!WNER: imperial - BAN k I f Darby CreeWCarlsbad, LLC, a Ca:lijB> a California limited liability compa By: Jenna Group, Inc, a Californ corporation, its Managing M By: '*\ ",, (sign here) &q&p-J &J/JE. (print name here) yl&Im SEd,t2& d/CE P.&-=ji .DZ;n)'7' John T. Newcomb (print name here) President (title and organization of signatory L/Ic&- flL-3 - ._ &fJ&=m (title and organization of si'gnatory) (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER , attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or 2 treasurer must sign for corporations. Otherwise, the corporation must attach a rc certified by the secretary or assistant secretary under corporate seal empowering the ( signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: (T c//sr. City Attorney 1 MastersiFormsiSubordlnatlon Agt Trust Deed Holders 4 Rev. 12/24/97 t *. ’ e 10980 e ACKNOWLEDGEMENT State of California 1 1 ss . County of Los Angeles 1 On June 22, 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Aram A. Poladian, Jr. And Barry Cohen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed this instrument. WITNESS my hand and official seal 7 1 .&’ /y tf ;;A,l _J [&-j ~ L I $7 ;,9..,4& Kat? A. l#yle (Notary Sjnature) f! (Notary Seal) 1’ I ? : : .* ?. e 10981 e State of California 1 ) County o ) On t/zffic/ before me, (//@/ c$,/& /(fi I personally appeared ~hvcJ"J- /L$t&y-v LL- WJ& 1 I /; bhf p/ /(- . /bb+&b/L,,l , (Name', Title of Offidr) (Name[s] of Signer[s]) " / % L personally known to me -OR - I"ahfaebfyevidencej-to be the person@ whose name1 is/-subscribed to the within instrument and acknowledged to me that helsh&b executed the same in hislkdkxx authorized capacity- and that by his/m signature(+ on the instrument the person(@, or entity upon behalf of which the person, acted, executed the instrument. WITNESS my hand and official seal ld ,L Md J 4.. v - Signature of Notary " - . (This area for official notary seal) I1 Title or Type of Document 3i; [jJ(J icl /\'K:f) b~ K$jy[,j+&~,f Date of Document xb \-, [q q? NO. of Pages" 5 i X - *.Jj Signer(s) other than named above I'