HomeMy WebLinkAbout2006-03-21; City Council; Resolution 2006-0671
RESOLUTION NO. 2006-067
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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AVENUE. CITY PROJECT NO. 36071.
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CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
ACQUISITION OF A PUBLIC STREET AND PUBLIC UTILITY
EASEMENT FROM KW FUND I - CARLSBAD 1, LP/SUNRISE
PROPERTY ASSOCIATES LLC, FOR THE INTERSECTION
IMPROVEMENTS AT EL CAMINO REAL AND FARADAY
WHEREAS, the City of Carlsbad has designed the intersection of El Camino Real and
Faraday Avenue to include a right-turn lane from southbound El Camino Real to westbound
Faraday Avenue; and
WHEREAS, the right-turn lane described above is located across private property owned
by the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, therefore a public roadway
and public utility easement are required to construct, operate, and maintain the roadway; and
WHEREAS, the City has prepared the required grant deed, legal description and plat for
the easements and offered the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC,
the total sum of $38,140 for the easement, and KW Fund I - Carlsbad 1, LP/Sunrise Property
Associates, LLC, has agreed to the City's offered amount for acquisition of the easements; and
WHEREAS, there are sufficient funds available to obtain the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the attached grant deed be approved and accepted and the City Clerk is
directed to attach her certificate of acceptance and cause the deed to be recorded in the office of
the County Recorder.
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3. That payment in the total amount of $38,140 be authorized and paid to the
KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, from the project account after
recordation of the easements with the County Recorder's Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT:
CLAUDE A. LEWIS, Mayor
LORRAINE M. WOOD, City Clerk "57 x -A- ' <?
'"'fimii^(SEAL)
ID
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
( ) 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
Assessor's Parcel No.: 212-062-17
Project No. & Name: 3607
El Camino Real north of Faraday Avenue
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KW Fund I - Carlsbad 1 L.P., a Delaware Limited Partnership and Sunrise Property Associates
LLC a Delaware Limited Liability Company.
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of
California: an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES over,
under, upon and across said real property as described in Exhibit "A" consisting of one (1) page,
attached hereto and made a part hereof. Exhibit "B" consisting of one (1) pages is attached for
clarity only.
fDATED
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
KW Fund I - Carlsbad 1 L.P., a
Delaware Limited Partnership
(Name
before me,
(here insert name and title of the officer,
personally appeared A&ljLA- C.
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(e)-whose name(s)-
is/am subscribed to the within instrument and acknowledged
to me that he/sherthey executed the same in his/ber/thetf
authorized capacity(tes), and that by his/h«f#heti»signature(s).
on the instrument the personfs), or the entity upon behalf
of which the person(«t acted, executed the instrument.
WITNESS my hand and official seal.
By:
Name:
Title:
By:
Name:
Title:
(Type or Print)
U'CC
(Type or Print)
(Signature)
(Type or Print)
Signature:
DATED
/VU. -P.
' *
(Type or Print)
Word\Maslers\Forms\Grant Deed of Easement - Cilv
MPBOUDRESS
Commission * 1450779
Notary Public - CaMornta
Los Angeles County
MyConm&ctesNov 11.2007,6/1/00
STATE OF CALIFORNIA
COUNTY OF SAJ>H5ilEGO
s
On before me,
(here insert name and tit
personally appeared
y known to
of the officer),
^ rC -
(or proved to me on the basis of.pers
satisfactory evidence) to be the person(sjr whose
is/aje'subscribed to the within instrument and acknowledged
tome that he/sjaeflheyexecuted the same in his#i€f?tbe1r
authorized capacity(j^s7, and that by his/hprftljefr signature^
on the instrument the person(^ or the entity upon behalf
of which the person) acted, executed the instrument.
WITNESS my hand/and official seal.
Signature:
Sunrise Property Associates, LLC, a
Delaware Limited Liability Company
By: Sunrise Associates, a California
General partnership, its sole
Member and Manager
af Company)
By:
Name:
Title:
By:
Name:
Title:
(Signature) I/
Thomas K. Armstrong
(Type or Print)
(Type or Print)
(Signature)
(Type or Print)
(Type or Print)
SHARON MILLER
Commission # 1377480
Notary Public - California
Nevada County r
My Comm. Expires Sep30.2006&••••••••V4
Word\Maslers\Forms\Grant Deed of Easement - City 6/1/00
CONSENT OF LENDER
The undersigned LaSalle Bank National Association, as Trustee for the Registered
Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through
Certificates, Series 2005-C18 ("Lender"), the current holder and beneficiary of that certain Deed
of Trust, Security Agreement and Fixture Filing, dated March 23, 2005 (the "Mortgage") from
KW Fund I - Carlsbad 1, L.P., a Delaware limited partnership ("Borrower"), as recorded on
January 3, 2005 in Book 2005 at Page 125 in the Office of the County Recorder of San Diego
County, California, does hereby consent to the terms and provisions of that certain Grant Deed of
Easement, dated , 2006 from Borrower to the City of Carlsbad, a Municipal
Corporation (the "Easement"), to which this instrument is attached and agrees to waive and
subordinate the lien of the Mortgage to said Easement.
Lender is executing this document solely to provide its consent as a lender to the
contemplated grant of easement as required under the Loan Documents (as defined in the
Mortgage). The relationship between Lender and Borrower is that of a borrower and a lender
only and neither of those parties is, nor shall it hold itself out to be, the agent, employee, joint
venturer or partner of the other party. The consent granted herein is expressly limited to the
matters described herein and shall not be deemed a consent to or as a waiver of any other
conditions or requirements in the Mortgage or the other Loan Documents.
This Consent of Lender is dated this [ day of January, 2006.
LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS OF
WACHOVIA BANK COMMERCIAL MORTGAGE
TRUST, COMMERCIAL MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-C18
By: WACHOVIA BANK, NATIONAL ASSOCIATION
solely in its capacity as Master Servicer, as authorized
under that certain Pooling and Servicing Agreement
dated as of tyLay 1, 2005
By:
Name: ~ ' Brett H. Moj
Title: Vice President \
CLTOl /4778604v I
STATE OF NORTH CAROLINA )
COUNTY OF MECKLENBURG
): ss.
)
_X _On this _ _ day of January, 2006, personally appeared before me Brett H. Morgan, to me
known (or proved to me on the basis of satisfactory evidence) to be the Vice President of
WACHOVIA BANK, NATIONAL ASSOCIATION, acting solely in its capacity as Master
Servicer for and on behalf of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL
MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-C18, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said entity, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said instrument,
and that by his/her signature on the instrument the entity upon behalf of which he/she acted,
executed the instrument. / "
[SEAL]
JANET GARNER
NOTARY PUBLIC
GASTON COUNTY. N. C.
My Commission Expires March 27, 2010
Notary Public
My commission expires:J7
/
-2-
CLT01/4778604vl
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: KW FUND I - CARLSBAD 1, L.P,
APN: 212-062-17
PARCEL A PERMANENT ROAD EASEMENT
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1 63 1 7, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DECEMBER 6, 1990 AS FILE/PAGE NO. 90-652174, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 1 SOUTH 49°09'18"
WEST (RECORD SOUTH 49°08'46" WEST) 13.05 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,876.00 FEET, A
RADIAL BEARING TO SAID POINT BEARS SOUTH 53°53'59" WEST;
THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTHWESTERLY ALONG SAID
CURVE CONCENTRIC WITH AND DISTANT 13.00 FEET MEASURED RADIAL FROM THE
NORTHEASTERLY LINE OF SAID PARCEL 1 THROUGH A CENTRAL ANGLE OF 01°13'49" AN
ARC LENGTH OF 40.28 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 70.00 FEET;
THENCE LEAVING SAID CONCENTRIC CURVE NORTHERLY ALONG SAID COMPOUND
CURVE THROUGH A CENTRAL ANGLE OF 29°36'24" AN ARC LENGTH OF 36.17 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 35.00 FEET;
THENCE NORTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
28°02'25" AN ARC LENGTH OF 17. 13 FEET TO A POINT OF CUSP WITH THE EASTERLY LINE
OF SAID PARCEL 1, SAID POINT BEING ON A 1,863.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 56°41 '47" WEST;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL 1 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°45'49" AN ARC LENGTH OF 89.86 FEET TO THE POINT
OF BEGINNING.
CONTAINING 888 SQUARE FEET MORE OR LESS
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL SCHLUMPBERGER, PLS 7790 DATE
EXHIBIT "B"
_N 68-22'37" £459.55*
m
5 UTILITY EASEMENT TO
SDG&E RECORDED MAY
22. 1985 AS DOC NO.
85-180315 2386 FARADAY AVENUE
15* EASEMENT TO COSTA REAL
MUNICIPAL WATER DISTRICT
RECORDED MARCH 10. 1986
AS DOC. NO. 86-092689
G 4* EASEMENT TO
JNE
102775
556-41371*
•"RAD.
20* EASEMENT TO SDGE
REC. MARCH 27. 1986
AS DOC NO. 86-117549
58' ACCESS AND UTILITY
EASEMENT REC. DECEMBER
5. 1988 AS DOC. NO.
88-622316
\///A DENOTES AREA OF EASEMENT AQUSITION
888 SQ.FT. MORE OR LESS
NOTE: ALL DIMENSIONS SHOWN HEREON
ARE COMPILED FROM RECORD DATA.
&= 5-21*45"
R=642.00*
L=60.09*
Right-Of-Way Engineering Services, Inc.
Land Surveying
4167 Avenida de la Plata Ste. 114 • Oceanside. CA 92056
(760) 732-1366 FAX (760) 732-1367
Drawing file name: 212-062-17dwg
ASSESSORS' PARCEL NO.: 212-062-17
CITY OF CARLSBAD
VESTING: KW FUND I - CARLSBAD 1, LP.
DATE: NOVEMBER 29, 2005 SHEET 1 OF 1