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HomeMy WebLinkAbout1986-07-15; City Council; 8698; ACCEPTANCE OF A PORTION OF HARWICH DRIVEe "w k2 w > 0 LT 8- 2 I. z 0 a I- o -I - 0 z 3 0 o CITWF CARLSBAD - AGENDWILL TITLE: DEPT CITY CITY ACCEPTANCE OF A PORTION AB# d%yp MTG. OF HARWICH DRIVE DEPT. RECOMMENDED ACTION: 071 15 /86 ENG Adopt Resolution No. g67P accepting a Grant Deed for pt street easement purposes for Harwich Drive. Adopt Resolution No. fi77 accepting a Grant Deed for p~ storm drain easement purposes for Harwich Drive. Adopt Resolution No. ?S~O accepting a Grant Deed for PC sewer easement purposes for Harwich Drive. Adopt Resolution No. gcp/ authorizing the City Cler process a subordination agreement for recordation. ITEM EXPLANATION Due to approved design changes and the requirements by the relevant to Calavera Park, a portion of Harwich Drive has realigned, which has required the uranting of new public ease grant deeds. In order that the developer be able to grant these easen "free and clear of all liens and encumbrances," a subordin; grant deeds. Staff is also processing concurrently the summary street vact of the original portion of Harwich Drive right-of-way. agreement has been required to be recorded concurrently witt FISCAL IMPACT Required dedications will save the City expenses in the fu for right-of-way acquisitions. EXHIBITS 1. Location Map. 2. Plat of Project (Easements) 3. Grant Deed for street easement purposes. 4. Grant Deed for storm drain easement purposes. 5. Grant Deed for sewer easement purposes. L 0 q Page 2 of Agenda Bill No. p(,9f' -- * EXHIBITS (continued) 6. Subordination Agreement. 7. Resolution No. fi7F accepting a Grant Deed for p 8. Resolution No. a79 accepting a Grant Deed for F 9. Resolution No. r6fo accepting a Grant Deed for F IO. Resolution No. - S68/ authorizing the City Clerk to pr street easement purposes for Harwich Drive. storm drain easement purposes for Harwich Drive. sewer easement purposes for Harwich Drive. a subordination agreement for recordation. CALAVERA HILLS COMMUNITY PARK PROJECT NAME &%‘W/Ck/ DR/VE pUBL/C S7P€ETJ STOR@ DRAIA/ AND I1 PVRLIC STREET - EASEMENT q e RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 ) CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 1 Space above this line for Recorder's use. SUBORDINATION AGREEUENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOUING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST, INSTRUMENT ATTACHES AND HAS THE POTENTIAL THIS AGREEMENT, made this 6th day of !,lay -- 1986 by TREETOPS UNLIMITED, A Joint Venture Comprised FINANCIAL SCENE, INC., A California Corporation, and PAC1 SCENE, INC., A California Corporation owner of the 1 hereinafter described and hereinafter referred to as llOwner,'l UNION BANK, A California Corporation, present owner and holdei the deed of trust and note hereinafter described and hereinal referred to as "Beneficiary"; e 0 - WITNESSETH THAT WHEREAS, TREETOPS UNLIMITED, A Joint Venture, Compri of FINANCIAL SCENE, INC., A California Corporation and PAC1 SCENE, INC., A California Corporation did execute a deed trust, dated June 10, 1985, to UNION BANK, A Califor Corporation as trustee, covering those properties described Exhibit A, attached hereto and incorporated herein, to secur note in the sum of EIGHT MILLION EIGHT HUNDRED TWENTY E1 THOUSAND AND N0/100 DOLLARS ($8,828,000), dated June 10, 1985, favor of UNION BANK, A California Corporation recorded June 1985, as File No. 85-229339 of Official Records of said cour and WHEREAS, Owner has executed, or is about to execute, grantor, a grant of easements dated November 15, 1985 November 19, 1985, in favor of the City of Carlsbad as grar herein referred to as "Easement Grantee," creating the easerne more particularly described in Exhibits l'B" - "J" attac hereto; and WHEREAS, it is a condition precedent to obtaining E easements that said grant of easements above mentioned st unconditionally be and remain at all times a charge upon the J hereinbefore described, prior and superior to the lien of ch: of the deed of trust above mentioned; and 4 0 0 - WHEREAS, Easement Grantee is willing to accept s easements provided the grant of easements is a charge upon above described property prior and superior to the lien or cha of the deed of trust above mentioned and provided t Beneficiary will specifically and unconditionally subordinate lien or charge of the deed of trust above mentioned to the 1 or charge of the easements created in favor of Easement Grant and WHEREAS, it is to the mutual benefit of the parties her that Easement Grantee accept said easements and Beneficiary willing that the grant of easements shall, when record constitute a charge upon said land which is unconditionally pr and superior to the lien or charge of the deed of trust ab mentioned. NOW, THEREFORE, in consideration of the mutual benef accruing to the parties hereto and other valuable considerati the receipt and sufficiency of which consideration is her acknowledged, and in order to induce Easement Grantee to acc said easements above referred to, it is hereby declar understood and agreed as follows: 1. That said easements in favor of Easement Grantee st unconditionally be and remain at all times a charge on property therein described, prior and superior to the lier charge of the deed of trust above mentioned. m - 2. That Easement Grantee would not accept said easeme above described without this subordination agreement. 3. That this agreement shall be the whole and a agreement with regard to the subordination of the lien or cha of the deed of trust above mentioned to the easements in favor Easement Grantee above referred to and shall supersede cancel, but only insofar as would affect the priority betwe the deed of trust and easements hereinbefore specifica described, any prior agreement as to such subordinat including, but not limited, those provisions, if any, contai in the deed of trust above mentioned, which provide for subordination of the lien or charge thereof to another inter in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of easernentE favor of the Easement Grantee. 2. He intentionally and unconditionally wail relinquishes and subordinates the lien or charge of the deec trust above mentioned to the easements in favor of Easen Grantee above referred to and understands that in reliance uf and in consideration of, this waiver, relinquishment subordination of the grant of easements is being executed delivered, the easements are being created, and that specj monetary and other obligations are being and will be entered by the Easement Grantee, other lenders and title insurz w W -5 companies which would not be made or entered into but for sal k reliance upon this waiver, relinquishment and subordination; an( 3. An indorsement has been placed upon the note secured t the deed of trust above mentioned that said deed of trust has 1 this instrument been subordinated to the charge of the easemenl in favor of Easement Grantee above referred to. BENEFICIARY OWNER UNION BANK, A California TREETOPS UNLIMITED, a joint venture, composed of: - {CY /3~-,/~p / , 2’ FINANCIAL SCENE, INCORPORATED A California Corporation -7 .,.i-c-.-f \,.& .+ LL ,( L t) -kh w IT IS RECOUMENDED THAT, PRIOR TO THE EXECUTION OF TH SUBORDINATION AGREEWENT, THE PARTIES CONSULT WITH THEIR ATTORNE WITH RESPECT THERETO. 4 0 LNL -I. U"NYY.*- ORDERNO. 855226-M 0 "EXHIBIT A" PARCEL A: Those portions of Lots "D" , "E" and "J" of RANCHO AGUA HEDIOINDA in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, Nova-rber 16, 1896, being mre particularly described as Parcel 1-A, Parcel 1-B and Parcel 2, as follows: PARCEL 1-A: COMMENCING at the Southmsterly comer of MIRA CCGTA _MESA UNIT NO. 5, according to Map thereof No. 7151 filed in the Office of the County Recorder of San Diego County, Decanber 29, 1971, being a pint on the comn city limits of the City of Oceanside and the City of Carlsbad, and being also a pint of the Northerly line of land described in Parcel 1 in deed to DON N. BclwKER as Trustee of the MAHMA m TRUST under Trust Agremt dated February 27, 1962, said deed being recorded Sep- 8, 1976 as File No. 76-294347; thence along the Northerly boundary of the City of Carlsbad, being along the Northerly line of said Trustee's larid South 89"19'04" West (deed-south 89O19'35" West) 1903.60 feet to the ccmmn bouradary betwen said lhts "D" and llJ'l of RANCHO AGUA HEDICNDA; thence along said caxmn boundary South 13O37'33" East 765.48 feet to the Southeasterly comer of land described in Parcel 1 in deed to DON N. BckJKER as Trustee of the ANN B. LEWIS TRUST under Trust AqeaEnt dated June 1, 1970, said deed king recorded September 8, 1976 as File No. 76-294346, and being also the TEaTE POINT OF BEINNING; thence along the Southeasterly line of said land South 70°04'37" West 870 00 feet to an angle pint in the propsed Village Line; then= continukg along said Southeasterly line south 70O04'37" West, 1097.00 feet tc the Easterly boundary of Parcel "M" School Site; thence along the b0unda.r' of said Parcel "M" School Site as follcws: South 16O49'53" East, 218.38 feet to an angle pint therein; South 26"10'23" East, 500.00 feet; South 85O29'37" West, 480.00 feet; North 39°00'23" West, 372.00 feet; and Ncrth 13O46'34" West, 237.29 feet to the Southeasterly line of said Trustee'; land last hereinabove referred to; thence along said Southeasterly 1i.r: South 70° 04'37" West, 183.29 feet; thence leaving said South-sterly -ine South 28"37'41" East, 543.34 feet; thence South 02O54'50" West 350.00 feet; thence South 17O25'10'' East, 430.00 feet: thence South 24°25'10" East, 490.00 feet to the center line of Elm Avenue prop& extension; thence South 10°43'01" West, 257.35 feet; thence south 24°25'1011 East, 430.00 feet: thence South 48°05'12" East, 200.00 feet; thence South 24°25'10" Fast, 300.00 feet: thence North 59°09150" East 587.00 feet: thmce North 43029'501' East, 339.00 feet; thence South 80°08'50" East, 71.22 feet t0 the center line of Tamarack Avenue praposed extension, being a pint on the arc of a 1000.00 foot radiuc curve, concave Northwesterly, a radial line of said curve bears South 75L,1140" East to said pint; of said curve through a central angle of 33O19.32" a distance of 581.64 feet: and tangent to said curve North 18O37'12" West, 273.62 feet to the center line intersection of Elm Avenue propsed extension; thence cun- timing North 18°37'1218 West, West 372.70 feet; thence North 01°04'50" East, 105.00 feet; thence North 79O14'50" East, 650.00 feet; thence South 87°15'10'1 East; 740.00 feet: thence South 71"31'39" East, 651.98 feet; to the center line of College , -1- thence along said center line as follms: Northeasterly along the arc 310.00 feet; thence North 31O37'23" w 0 uwm IUU. 02JLLV--L'l IEGAL CCN'T 8oLLevard propxed extension; thence along said center line North 29" 40'59" East, 420.00 feet; thence leaving said center line North 59'02' 50" West, 373.81 feet; thence North 80°35'00" West, 1240.00 feet; thence North 21°05'00" West 444.98 feet to the beginning of a tangent 50.00 foot radius curve, concave Southeasterly; thence clockwise along the arc of said curve through a central angle of 129'05'00" a distance of 112.65 feet; then= tangent to said curve South 72°00100" East, 88.57 feet to the beginnin9 of a tan9ent 50.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central =..?le of 79O58'09" a distance of 69.79 feet to the beginning of a reverse 2000.00 foot radius curve; thence Northeasterly along the arc of said curve through a central angle of 15O42'33" a distance of 548.35 feet to the TRUE POINT OF BEGINNING. -2- TlTLL co. RLfCRCNCL COMPA*V OLJCRIPTION . RLVI5IO*! BV 04 ORDLRMO. DATE TITLE CO. RLfERCNCL REVISIO OESCRIPTlON C 0 UP A I( V OROER NO. BY OATE EXHIBIT C Sheet 1 of 7 Public Storm Drain Easement That portion of Lot "J" of Rancho Agua Hedionda, in the ci Carlsbad, County of San Diego, State of California, accordi Map No. 823 filed in the Office of the County Recorder of County, being a strip- of land 15.00 feet in width, lying 7.5 to either side of a centerline described as follows: Beginning at the Southerly terminus of that course desigr "North 21°05'00" West 444.98 feet" on the boundary line of Rc of Survey Map No. 9336 filed in the Office of said Cc Recorder: thence South 68°55100" West 46.50 feet to a point 300.00 foot radius curve concave Westerly to which a radial bears North 62O06'38" East: thence Northerly along the ar said curve through a central angle of OOO59'59" a distanc 5.23 feet: thence North 28O53'21" West 27.00 feet to the POINT OF BEGINNING; thence South 61O06'39" West 111.63 fee the beginning Of a tangent 300.00 foot .radius curve con Northwesterly; thence - Southwesterly along the arc of said c ' through' a central angle of 07°48121" a distance of 40.87 f thence South 68°55'00" West 28.83 feet; thence North 74O37 West 136.00 feet: thence South 65O22'17" West 22.00 feet Point of Terminus. d%iiz&3& fl-13 Date Robert G. Schoettmer L.S. 4324 RCYlJ IOY5 COMPANY OLSCRIPTIO~ TITLE CO. RCrEREnCL OROCRmo. BY OAl DATE I TITLE CO. RE?LRCNCL COMPANV OC5CRlPTIO~ RCVISIONS BY OA OROLR NO. QATL TITLE CO. RCFCRLWCC COMPANY OCSCRIPTIOW REV1 SIONS ar 01 ORDER NO. I OATE TITLE CO. RCC~RCMCC COMPANY L#LSCRICTIOM . RCVlSlOY3 8Y OI OROCRMO. OA TC COMPAMV DESCRIPTION TITLE co. REFERENCE ORDER NO. OATL RLVISIOM BV C TlTLC CO. RCCCRCWCL COYPAMV OESCRIPTIOY RLVISIOM ORDER NO. DATE BY 0 TITLE co. RL~CRENCL uLscniPl!oa ICVISIO*S COMPAYV onom NO. OATS BV DA TITLC CO. *cFmzmcc COMPANY DEscRiPrion RCVISIOY onoEn wo. DATE BY 0 w RECORDING REQUESTED BY &&=-? CITY OF CARLSBAi) AND WHEN RECORDED MAIL TO r 1 nt. City of Carlsbad r=g* Carlsbad, California 92008 1200 Elm Avenue mt :L J me r 7 MAIL TAX STATEYCHTS TO BO1 CITY OF CARLSBAD YII b _I =L e SPACE ABOVE THIS LINE FOR RECORDER'S USE- A. P.N. 16 7-1 0 1-i THIS FORM FURNISHED BY TICOR TITLE INSURERS TO 1921 CA (12-74) - (;xryt' The undersigned grantor(s1 declare(s): Documentary transfer tax is $ -0- Easement Only ( ) 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, Treetops Unlimited a joint venture, composed of Financial Scene , Inc., a California corporation, and Pacific Scene, Inc., a California corporation a corporation organized under the laws of the State of California hereby GRANTS to the City of Carlsbad, a municipal corporation, an easement for public sewer purposes the following described real property in the City of Carlsbad County of San Diego , State of California: TITLE CO. REFERENCE COMPANY OESCRIPTION REVISIONS ORDERNO. DATE BY DATE z -- i e e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated November 15, 1986 from Treetops Unlimited 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. 8680 I adopted on July 15, 1986 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: 7-16-86 By : ALW &TENby 6? I Cler' . _-. RECORBiNc REQUESTED BY a *- CITY OF CARLSBAD AND WHEN RECORDED MAIL TO r 1 am City of Carlsbad r..t 1200 Elm Avenue ddr*'c Carlsbad, California 92008 1 c,' L MAIL TAX LTATCYLHTS TO r 1 dam* tr-1 < CITY OF CARLSBAD drw _1 :a,". L e SPACE ABOVE THIS LINE FOR RECORDER'S USE- A.P.N. 167-101- THIS FORM FURNISHED BY TlCOR TITLE INSURERS TO 1921 CA (12-74) b 8 ht The undersigned grantorb) declare(s): ( ) 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: E) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Treetops Unlimite Documentary transfer tax is 8 -0- Easement Only. a joint venture, composed of Financial Scene, Inc., a California corporation, and Pacific Scene, Inc., a California corporation a corporation organized under the laws of the State of the City of Carlsbad, a municipal corporation, an easement for California hereby GRANTS 1 public storm drain purposes the following described real property in the City of Carlsbad County of San Diego , State of California: See Exhibit "A" sheets 1 thru 7 for legal descriptions, hereto and made a part hereof. All as shown for convenience sake on Exhibit "B", attached hereto and made a part hereof. TREETOPS UNLIMITED, a joint venture, composed of: attached PACIFIC SCENE, INC., FINANCIAL SCENE, INCORPORATED, a California a California corporation BY BY t BY=--&- / c& t) j - EXHIBIT A PARCEL B Sheet 1 of 7 Public Storm Drain Easement in the City That portion of Lot "J" of Rancho Aqua Hedionda, Carlsbadt County of Sari Dieyo, State Of California, according Map No, 823 filed in the Office of the County Recorder of sa County, being a strip of land 15.00 feet in width, lying 7.5 fe to either side of a centerline described as follows: Beginning at the Southerly terminus of that course designat "North 21°05'00" West 444.98 feet" on the boundary line of Reco of Survey Map No. 9336 filed in the Office of said Count Recorder; thence South 68O55 '00" West 46.50 feet to a point on 300.00 foot radius curve concave Westerly to which a radial lir bears North 62°06'38" East; thence Northerly along the arc c said curve through a central angle of 00°59'59" a distance c 5.23 feet; thence North 28°53'21" West 27.00 feet to the TRU POINT OF BEGINNING; thence South 61°06'39" West 111.63 feet t the beginning of a tangent 300.00 foot radius curve concav Northwesterly; thence Southwesterly along the arc of said curv through a central angle of 07°48'21i' a distance of 40.87 feet thence South 68'55 '00" West 28.83 feet; thence North 74O37 I43 West 136.00 feet; thence South 65°22117ii West 22.00 feet to Point of Terminus. e&.&,&&- Robert G. Schoettmer f44.3-85 Date L.S. 4324 REVISIONS COMPANY DESCRIPTION DATE TITLE CO. REFERENCE TIRDERNO. DATE 81 TITLE CO. REFERENCE DESCRIPTION REVISIONS COMPANY OROERNO. DATE BY OATE TITLE CO. REFERENCE OESCRIPTION REVISIONS COMPANY BY DATE ORDERNO. DATE TITLE CO. REFERENCE REVISIONS BY DL COMPANY DESCRIPTION ORDERNO. DATE TITLE co. REFERENCE REVISIONS COMPANY DESCRIPTION ORDERNO. DATE DATE BY TITLE CO. REFERENCE REVISIONS COMPANY DESCRIPTION ORDERND. DATE BY DATE EXHIBIT A Sheet 7 of 7 PARCEL I Storm Drain Easeme That portion of Lot "J" of Rancho Aqua Hedionda, in the City Carlsbad, County of San Diego, State of California, according Map No. 823 filed in the Office of the County Recorder of si County, being a strip of land 15.00 feet in width, lying 7.5 ff to either side of a centerline described as follows: Beginning at the Southerly terminus of that course designat "North 21°05'00" West 444.98 feet" on the boundary line of Recc of Survey Map No. 9336 filed in the Office of said Coun Recorder; thence South 68"55'00" West 46.50 feet to a point on 300.00 foot radius curve concave Westerly to which a radial li bears North 62O06'38" East; thence Northwesterly along the arc said curve through a central angle of OOO59'59" a distance 5.23 feet; thence North 28O53'21" West 370.89 feet to tt beginning of a tangent 200.00 foot radius curve concave Easter1 thence Plorthwesterly, Northerly, and Northeasterly along the a of said curve through a central angle of 67O59'36" a distance 237.34 feet; thence North 39°06'15" East 83.79 feet to ti beginning of a tangent 200.00 foot radius curve concal Southeasterly: thence Northeasterly along the arc of sald curl through a central angle of 46°23'2011 a distance of 1'61.93 fee thence North 85O29'35" East 189.05 feet to a point on a 2000.: foot radius curve concave Southeasterly to which a radial lir bears North 54"51'57" West; thence Northeasterly along the arc c said curve through a central angle of 00°29'07" a distance c 16.94 feet to the TRUE POINT OF BEGINNING; thence North 85O29'3E East 60.38 feet to a Point of Terminus. The sidelines of said 15.00 foot easement shall be lengthened o shortened at the TRUE POINT OF BEGINNING to meet the arc of sai 2000.00 foot radius curve concave Southeasterly through said TRU POINT OF BEGINNING. -/3-85 Date &Ja // Robert G. Schoettmer L.S. 4324 REVISIONS COMPANY DESCRIPTION TITLE CO. REFERENCE ORDERNO. DATE BY DATE L ~ x ----\ I rn w *- CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated November 15, 1985 from 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. 8679 , adopted on July 15, 1986 , and the grantee consents to the recordation thereof by its duly authorized officer. Treetops Unlimited -----___---------_-____________________ DATED: July 16, 1986 By : ALETHA L. RAUTENKRANZ, Cip Clerk 1 1 i ApN 167-101. THIS FORM FURNISHED BY TICOR TITLE INSURERS TO 1921 CA I12 74) m The undersigned grantor(s) declare(s): Documentary transfer tax is $ -0- Easement Only ( ) 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: o() City of ab-, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Treetops Unlimited, a joint venture, composed of Financial Scene, I a California corporation, and Pacific Scene,Inc., a California cor1 a corporation organized under the laws of the State of hereby GRANTS the City of Carlsbad, a municipal corporation, an easement for pub1 street purposes the following described real property in the City of Carlsbad County of San Diego , State of California: See Exhibit "A" sheets 1 and 2 for legal description, and made a part hereof. All as shown for convenience sake on Exhibit "B", made a part hereof. TREETOPS UNLIMITED, a joint venture, composed of: California attached here attached hereto a PACIFIC SCENE, INC., FINANCIAL SCENE, INCORPORATED, a Cali ornia orporation a California corporation BY &--UL!' BY /--7 + BY .- / '4-3 BY TITLE CO. REFERENCE COMPANY DESCRIPTION REVISIONS ORDERNO. OATE BY OATE TITLE CO. REFERENCE COMPANY DESCRIPTION REVISIONS ORDERHO. DATE BY DATE L 0 z i c c * a " CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated November 19, 1985 from to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbac California pursuant to resolution No. 8678 , adopted on July 15, 1986 , and the grantee consents to the recordation thereof by its duly authorized officer. Treetops Unlimited ................................ DATED : 7-15-86 By : ALETHA L. RAU 20 21 ~ 22 ~ 23 24 25 Council held on the 15th day of July , 1986 by the following 1 wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pett NOES: None ABSENT: None 26 27 28 %?%#e.& MARY H. ASLER, Mayor ATTEST: I &?x& dRy ALETHA L. RAUTENKRANZ, City Clerk , (SEAL) I I A. e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 e 0 RESOLUTION NO. 8679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR PUBLIC STORM DRAIN EASEMENT PURPOSES. WHEREAS, Treetops Unlimited has submitted a Grant Deed conve easement to the City of Carlsbad for public storm drain purposes portion of Harwich Drive; and WHEREAS, the City Council of the City of Carlsbad has determined in the public interest to accept said Deed: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Treetops Unlimited, dated November 1 conveying an easement for storm drain purposes over a portion of Harwi to the City of Carlsbad which is on file with the City Clerk incorporated herein by reference, is accepted. I 3. That the City Clerk is authorized to cause the original De recorded in the Office of the County Recorder of San Diego County, I 18 19 20 21 22 23 24 25 26 27 28 I/ California, with the appropriate Certificate of Acceptance attached. I I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl2 Council held on the 15th day of July , 1986 by the following wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pett NOES: None * 44 EA ABSENT: None i MARY H. ASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 0 e RESOLUTION NO. 8680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR PUBLIC SEWER EASEMENT PURPOSES. WHEREAS, Treetops Unlimited has submitted a Grant Deed convey easement to the City of Carlsbad for public sewer purposes over a por Harwich Drive; and WHEREAS, the City Council of the City of Carlsbad has determined 1 in the public interest to accept said Deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Treetops Unlimited, dated November I conveying an easement for public sewer purposes over a portion of Drive to the City of Carlsbad which is on file with the City Clerk incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original De recorded in the Office of the County Recorder of San Diego County, ~ California, with the appropriate Certificate of Acceptance attached. I' I/ 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls 20 21 22 23 24 1 Council held on the 15th day of July , 1986 by the following I wit: AYES; Council Members Casler, Lewis, Kulchin, Chick and Pel NOES: None ABSENT: None 27 28 K?L I ALETHA L. RAUTENKRANZ, City cid * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19,l a 0 Q RESOLUTION NO. 8681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAO, CALIFORNIA, AUTHORIZING THE CITY CLERK TO PROCESS A SUBORDINATION AGREEMENT. WHEREAS, Treetops Unlimited has submitted Grant Deeds conveying easements to the City of Carlsbad over a portion of Harwich Drive; a WHEREAS, said easements must be "free and clear of all 1 encumbrances" and a subordination agreement is required; and WHEREAS, said subordination agreement, attached hereto and inco herein, has been properly executed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Clerk is authorized to cause the Subordination of San Diego County, State of California. Agreement to be recorded in the Office of the County PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl: Council held on the 15thday of July , 1986 by the followl to wit: - 2o 21 23 22 AYES: Council Members Casler, Lewis, Kulchin, Chick and P NOES : None ABSENT: None I ~ I Ld& 24 ATTEST: 25 26 27 28 I 1 ALZ~EAULRE~ j (SEAL) I j