HomeMy WebLinkAbout1988-08-09; City Council; 9574; ACCEPTANCE OF TWO GRANT DEEDS FOR WATERLINE PURPOSES CORTE DEL CEDRO PD 300.
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i GIVOF CARLSBAD - AGENWBILL . ,.,/
AB# 957g TITLE: DEPT. HI
MTG. 8-9-88 ACCEPTANCE OF TWO GRANT DEEDS FOR CITY AlT
CITY MGI DEPT.ENC. WATERLINE PURPOSES CORTE DEL CEDRO PD 300
RECOMMENDED ACTION:
Adopt Resolution No. ffeJfa accepting two Grant Deeds and subordinat
agreements for waterline purposes.
ITEM EXPLANATION:
As a condition of PIP 87-9 and PIP 87-10 the developer was required by the I department to install an onsite fire hydrant to service the two developmer The waterline easement needed to service the fire hydrant crosses two par( both owned by the same developer, Caliber Industrial One LTD. In satisfacl of the condition of approval the owner has submitted two easements togel with two subordination agreements for Council acceptance.
The Engineering staff has reviewed the easements and found them satisfacl for the intended use.
FISCAL IMPACT:
Requiring dedication as a condition of approval of development will save ( expenses in future easement acquisitions.
EXHIBITS :
1. Location Map.
2.
3.
4. Subordination Agreement - Security Pacific National Bank (Lot 4).
5. Subordination Agreement - Security Pacific National Bank (Lot 5).
4.
Grant Deed from Caliber Industries One, LTD, dated June 15, 1988 (Lot
Grant Deed from Caliber Industries One, LTD, dated June 15, 1988 (Lot
Resolution No. 8g-Afo accepting two Grant Deeds and subordina agreement for waterline purposes.
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r w - - LOCATION MAP
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PROJECT NAME: PR 0 J. 'E Xi NO.
CORTE DEL CEDRO PD-300
West Coast Design LCC5
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RESOLUTION NO. 88-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING TWO GRANT DEEDS AND SUBORDINATION AGREEMENTS FOR WATERLINE PURPOSES.
WHEREAS, Caliber Industries One, LTd. has submitted two Grant Dei
subordination agreements conveying easements to the City of Carlst
waterline purposes over a portion of Lots 4 and 5 of Map 9744; and
WHEREAS, the City Council of the City of Carlsbad has determined i
in the public interest to accept said Deeds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C;
California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deeds and subordination agreements from
Industries One, LTD., dated June 15, 1988, conveying easements for w
purposes over portions of Lot Lots 4 and 5 of Map 9744 to the City of I
which are on file with the City Clerk and are incorporated herein by re
are accepted.
3. That the City Clerk is authorized to cause the original DI
subordination agreements to be recorded in the Office of the County Rec
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San Diego County, State of California, with the appropriate Certifica
Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
Council held on the 9th day of August , 1988
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux
NOES: None
ABSENT: Council Member L
ATTEST:
ALETHA L. RAUTENK
(SEAL)
RECORDING REQUESTED B am 1 *
I WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 Space above this line for Recorder's use. AP# 213-070-04
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO
WHICH YOUR SECURITY INSTRUMENT AllACHES AND HAS
THE POTENTIAL EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST,
THIS AGREEMENT, made this 7% day of June 198
by Caliber Industrial One, Ltd. a California limited partnership owner of the lan
hereinafter described and hereinafter referred to as "Owner," and Security Pacifi
National Bank, present owner and holder of the deed of trust and not hereinafte
described and hereinafter referred to as "Benefici aryl';
WITNESSETH
THAT WHEREAS, Caliber Industrial One, Ltd, a California limited partnershi
did execute a deed of trust, dated November 9, 1987, to Equitable Deed Company,
California corporation as trustee, covering Lots 4, 5, 7 and 9 of Map 9744 Carlsb;
Tract 79-14, to secure a note in the sum of five million seven hundred thousar
dollars ($5,700,000.00) dated , in favor of Securii
Pacific National Bank recorded November 13, 1987, as File No. 87-636199 of Officii
Records of said county; and
November 99 1987
WHEREAS, Owner has executed, or is about to execute, as grantor, a grai
of EASEMENT dated , in favor of the City of Carlsbad as grantc
herein referred to as "Easement Grantee," creating an EASEMENT more particular'
described in EXHIBITS A and B attached hereto; and
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WHEREAS, it is a condition precedent to obtaining said EASEMENT that said
grant of EASEMENT above mentioned shall unconditionally be and remain at all
times a charge upon the land hereinbefore described, prior and superior to the
lien of charge of the deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT provided thc
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 tha
Beneficiary will specifically and unconditionally subordinate the 1 ien or chargi
of the deed of trust above mentioned to the lien or charge of the EASEMENT create1
in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easemen
Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMEN
shall, when recorded, constitute a charge upon said land which is unconditionall<
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 th
parties hereto and other valuable consideration, the receipt and sufficiency a
which consideration is hereby acknowledged, and in order to induce Easement Grantc
to accept said EASEMENT above referred to, it is hereby declared, understood ar
agreed as follows:
1. That said EASEMENT in favor of Easement Grantee shall unconditional1
be and remain at all times a charge on the property therein described, prior ar
superior to the lien or charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT above describl
without this subordination agreement.
3. That this agreement shall be the whole and only agreement with rega
to the subordination of the lien or charge of the deed of trust above mention!
to the EASEMENT in favor of Easement Grantee above referred to and shall superse
and cancel, but only insofar as would affect the priority between the deed
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trust and EASEMENT hereinbefore specifically described, any prior agreement as tc
such subordination including, but not 1 imited, those provisions, if any, containec
in the deed of trust above mentioned, which provide for the subordination of thc
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 th
Easement Grantee.
2. He intentionally and unconditionally waives, relinquishes and subor
dinates the lien or charge of the deed of trust above mentioned to the EASEMEN
in favor of Easement Grantee above referred to and understands that in relianc
upon, and in consideration of, this waiver, re1 inquishment and subordination (
the grant of EASEMENT is being executed and delivered, the EASEMENT is beir
created, and that specific monetary and other obligations are being and will t
entered into by the Easement Grantee, other lenders and title insurance companit
which would not be made or entered into but for said reliance upon the waive
re1 inquishment and subordination; and
3. An endorsement has been placed upon the note secured by the deed
trust above mentioned that said deed of trust has by this instrument been sub0
dinated to the charge of the EASEMENT in favor of Easement Grantee above referr
to.
BEN E F IC I ARY SECURITY PACIFIC NATIONAL BANK, a nation banking as iation
James R. Bosler, Its Pre Kathleen &zzo, Fir~’ -Vice &esid=t IT 3S-’ECWH@4UEbcdkT; PRIOR TO THE EXECUTION OF TNfS SUBORDINATION AGREEMEI
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
CALIBER INDUSTRIAL ONE, Ltd., a OWNEWalifornia 1 imited partnership
By: -- e$&-LL&a
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On June 9 , 1988, before me, the undersigned, a Notary Public in and for said state personally appreared -\Kathleen
"U pezzo personally known to me or proved to me on the basis of satisfactory evidence to be a First Vice President of the SECURITY PACIFIC NATIONAL BANK, the Association that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the Association therein named, and acknowledged to me that such Association executed the same,
acknowledged to me that such Association executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors.
7
and
WITNESS my hand and official seal.
&a &fLL'L-,.% --, <-
Notary Public
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
__
' On -3..-.y-.- t L~ ,1988, before me, the undersigned Notary Publi and for said State, personally appreared JAMES R. BOSLtER, persona
known to me to the the person who executed the within instrument a President, on behalf of CALIBER DEVELOPMENT, INC, the Corporation therein named, and acknowledged to me that said corporation executl the within instrument pursuant to its by-laws or a resolution of i. Board of Directors, said corportion being known to me to be the General Partner of CALIBER INDUSTRIAL ONE,LTD. a California Limitec
Partnership, the partnership that executed the within instrument, q acknowledged that such corportion executed the same as such partne and that such partnership executed the same.
WITNESS my hand and official seal.
r (seal)
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PTION OF WATFR EASRt-IEU -
ALL THAT PORTION OF LOT 4 AS SHOWN ON MAP 9744, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EILED IN T OFFICE OF SAID COUNTY RECORDER ON AUGUST 5, 1980, DESCRIBED FOLLOWS :
A STRIP OF LAND 25.00 FEET IN WIDTH, LYING 5.00 FEET EASTERLY A
20.00 FEET WESTERLY OF, AND PARALLEL WITH ‘THE FOLLOWING DESCRIB
CENTERLINE:
BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF CORTE C
CEDRO, SAID POINT LYING 31.00 FEET WESTERLY OF THE CENTERLlNE
SAID ROAD, AND SOUTH 0-00-48 WEST, 40.00 FEET FROM THE MC;
NORTHEASTERLY CORNER OF LOT 5 OF SAID MAP; THENCE PARALLEL 1
AND 40.00 FEET SOUTHERLY OF THE MOST NORTHERLY LINE OF SAID LOT
SOUTH 87-48-05 WEST, 155.50 FEET; THENCE NORTH 2-11-55 WE2
40.00 FEET TO SAID NORTHERLY LINE OF SAID LOT 5 AND THE TR POINT OF BEGINNING.
THENCE ALONG SAID CENTERLINE NORTH 2-11-55 WEST, 25.00 FEET P THE POINT OF TERMINATION.
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CMWD 88-C.246
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LOT 4 WATER ESMT.
/ VICINITY MAP
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 Space above this line for Recorder's use. APt 213-070-05
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUMECT 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 Y6 day of June 19E
by Caliber Industrial One, Ltd. a California limited partnership owner of the 1ar
hereinafter described and hereinafter referred to as "Owner," and Security Pacifi
National Bank, present owner and holder of the deed of trust and not hereinafte
described and hereinafter referred to as "Beneficiary";
WITNESS€IH
THAT WHEREAS, Cal i ber Industri a1 One, Ltd, a Cal i forni a 1 imi ted partnersh.
did execute a deed of trust, dated November 9, 1987, to Equitable Deed Company,
California corporation as trustee, covering Lots 4, 5, 7 and 9 of Map 9744 Carlsb
Tract 79-14, to secure a note in the sum of five million seven hundred thousa
dol 1 ars ($5,700,000.00) dated November 9 9 1987 , in favor of Securi
Pacific National Bank recorded November 13, 1987, as File No. 87-636199 of Offici
Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a gra
of EASEMENT dated , in favor of the City of Carlsbad as grant
herein referred to as "Easement Grantee," creating an EASEMENT more particular
described in EXHIBITS A and B attached hereto; and
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WHEREAS, it is a condition precedent to obtaining said EASEMENT that sai
grant of EASEMENT above mentioned shall unconditionally be and remain at a1
times a charge upon the land hereinbefore described, prior and superior to th
lien of charge of the deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said EASEMENT provided th
grant of EASEMENT is a charge upon the above described property prior and superio
to the lien or charge of the deed of trust above mentioned and provided tha
Beneficiary will specifically and unconditionally subordinate the lien or charg
of the deed of trust above mentioned to the lien or charge of the EASEMENT create
in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easemer
Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMEf
shall, when recorded, constitute a charge upon said land which is unconditional'
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 tl
parties hereto and other valuable consideration, the receipt and sufficiency (
which consideration is hereby acknowledged, and in order to induce Easement Grantc
to accept said EASEMENT above referred to, it is hereby declared, understood ai
agreed as follows:
1. That said EASEMENT in favor of Easement Grantee shall unconditional'
be and remain at all times a charge on the property therein described, prior a
superior to the lien or charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT above describ
without this subordination agreement.
That this agreement shall be the whole and only agreement with rega
to the subordination of the lien or charge of the deed of trust above mention
to the EASEMENT in favor of Easement Grantee above referred to and shall supers€
and cancel, but only insofar as would affect the priority between the deed
3.
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trust and EASEMENT hereinbefore specifically described, any prior agreement as tc
such subordination including, but not 1 imited, those provisions, if any, containec
in the deed of trust above mentioned, which provide for the subordination of thc
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 th
Easement Grantee.
2. He intentionally and unconditionally waives, relinquishes and subor
dinates the lien or charge of the deed of trust above mentioned to the EASEMEN
in favor of Easement Grantee above referred to and understands that in relianc
upon, and in consideration of, this waiver, relinquishment and subordination a
the grant of EASEMENT is being executed and delivered, the EASEMENT is beir
created, and that specific monetary and other obligations are being and will t
entered into by the Easement Grantee, other lenders and title insurance companie
which would not be made or entered into but for said reliance upon the waiver
relinquishment and subordination; and
3. An endorsement has been placed upon the note secured by the deed c
trust above mentioned that said deed of trust has by this instrument been subor
dinated to the charge of the EASEMENT in favor of Easement Grantee above referrr
to.
BEN EF IC I ARY SECURITY PACIFIC NATIONAL BANK,
CALIBER INDUSTRIAL ONE, Ltd., a California limited partnerhsip OWNER By: Caliber Development, Inc., i California corporation
By: (h;p~~,k < /, I” u,i
I I/ .3 ,7 /-
J mes R. Bosler, Its Preside
IS SUBORDINATION AGREEMEN dl Kathleen Rezzo, First Vi& President IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF
THE PARTIES CONSULT WITH THEIR AllORNEYS WITH RESPECT THERETO.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On $G\L; -” , 1988, before me, the undersigned, a Notary Public in and for said state personally appreared Kathleen Rezzo , personally known to me or proved to me on the basis of satisfactory evidence to be a First Vice President of the SECURITY PACIFIC NATIONAL BANK, the Association that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the Association therein named, and acknowledged to me that such Association executed the same, and acknowledged to me that such Association executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
.---
c‘ L bLL;-cdi (seal) \ .--.Aq-
Notary Public
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
-I_ On & \L, ,1988, before me, the undersigned Notary Public and for said State, personally appreared JAMES R. BOSLER, personal known to me to the the person who executed the within instrument as President, on behalf of CALIBER DEVELOPMENT, INC, the Corporation therein named, and acknowledged to me that said corporation execute the within instrument pursuant to its by-laws or a resolution of it Board of Directors, said corportion being known to me to be the General Partner of CALIBER INDUSTRIAL ONE,LTD. a California Limitec Partnership, the partnership that executed the within instrument, i acknowledged that such corportion executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(seal)
’ - L .\-\,< \*,, --, i -.
Notary Public - -\ \\C, \<.
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HIBIT .I A ,I
~IJLEXXUTION QF R3'€EXBA~FNT lkLkQL5
ALL THAT PORTION OF LOT 5 AS SHOWN ON MAP 9744, IN 'rME CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FlLED IN ' OFFICE OF SAID COUNTY RECORDER ON AUGrJS'T 5, 1980, DESCRIBED FOLLOWS:
A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SI AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNLNG AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF CORTE J CEDRO, SAID POINT LYING 31.00 FEET WESTERLY OF THE CENTERLlNE SAID ROAD, AND SOUTH 0-00-48 WEST, 40.00 FEET FROM THE M(
NORTHEASTERLY CORNER OF SAID LOT 5; THENCE ALONG SAID CENTERL AND PARALLEL TO, AND 40.00 FEET SOUTHERLY OF THE MOST NORTHEI LINE OF SAID LOT 5 SOUTH 87-48-05 WEST, 155.50 FEET TO A PO HEREIN REFERED TO AS POINT "A".
ALSO, A STRIP OF LAND, 25.00 FEET IN WIDTH, LYING 5.00 F
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT POINT "A" AS REFERRED TO HEREIN ABOVE;
EASTERLY AND moo FEET WESTERLY OF, AND PARALLEL TO
THENCE AL SAID CENTEEiLlNE SOUTH 2-11-55 EAST, 7.50 FEET.
THENCE ALONG SAID CENTERLINE NORTH 2-11-55 WEST, 47.50 FEET SAID NORTHERLY LINE OF SAID LOT 5 AND THE POINT OF TERMINATION
THE SIDELINES OF SAID 15.00 FOOT EASEMENT TO BE SHORTENEL LENGTHENED TO END ON THE WESTERLY RIGHT-OF-WAY OF CEDRO. SAIP CORTE
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CPIWD 83-c. 246
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1 EXHIBIT Bo
LOT 5 WATER ESMT.
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ORDING REQUESTED DY * y of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 II
AND WHCN IILCOROLO MAIL THIS DLLD AND. UNLESS OTHCRWISL SHOWN DCLOW, MAIL TAX STATCYLNTS TO:
NIYCI- 7 City of Carlsbad *ti:::::: 1200 Elm Avenue
Carlsbad, CA 92008
CtTV. J $TATC *,*I-
Title Order No ............................. Escrow No .._._...__....___...._._..
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Tkir rpoca for Rocorbr's uy
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STATE OF CALIFORNIA ) 1
COUNTY OF SAN DIEGO )
On this J 5 - day of --. , in the year . . ,
before me, the undersigned, a Notary Public in and for sald
State, personally appeared James R. Bosler, personally known
to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as Preside on behalf of Caliber Development, Inc., the corporation therei named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution
of its board of directors, said corporation being known to
me to be the general partner of Caliber Industrial One,’Ltd.,
a California limited partnership, the partnership that execute
the within instrument, and acknowledged that such corporation
executed the same as suqh partner and that such partnership
executed the same.
WITNESS my hand and official seal.
,-
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Notary Public
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BIT A .. I.
1, DESCRIPTION OF WATER Em
l2.uarA
ALL THAT PORTION OF LOT 4 AS SHOWN ON MAP 9744, IN ‘THE CITY 0
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, E’ILED IN TH OFFICE OF SAID COUNTY RECORDER ON AUGUST 5, 1980, DESCRIBED A FOLLOW3 :
A STRIP OF LAND 25.00 FEET IN WIDTH, LYING 5.00 FEET EASTERLY fib 20.00 FEET WESTERLY OF, AND PARALLEL WITH ‘THE FOLLOWING DESCRIBE CENTERLINE :
BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF COR’PE DE CEDRO, SAID POINT LYING 31.00 E’EET WESTERLY OF THE CENTERLINE C SAID ROAD, AND SOUTH 0-00-48 WEST, 40.00 FEET FROM THE MU: NORTHEASTERLY CORNER OF LOT 5 OF SAID MAP; THENCE PARALLEL TC
AND 40.00 FEET SOUTHERLY OF THE MOST NORTHERLY LINE OF SAID LOT SOUTH 87-48-05 WEST, 155.50 FEET; THENCE NORTH 2-11-55 WES‘
40.00 FEET TO SAID NORTHERLY LINE OF SAID LOT 5 AND THE TRI POINT OF BEGINNING.
THENCE ALONG SAID CENTERLINE NORTH 2-11-55 WEST, 25.00 FEET AI
THE POINT OF TERMINATION.
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CMWD 88-C.246
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LOT 4 WATER ESMT.
7+00.34 0.C. - -- ~89’Ss’/z‘~~R)
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West Coast Design LC
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 15, 1988
from Caliber Industrial Qne, Ltd.
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. 88-280 , adopted
on August 9, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 10, 1988 I
By: A&-&&-
ALETHA L. RAUTENKRANZ,. Cit$ Cler)
Carlsbad, CA 92008 A110 W*LN ICCDIOLO MAIL T"I. 0.ID *NO. "PILI'.
OI*LIWI.I .*OWN W.LOW. YAlL 7*x .TATIYINI. TO. "."r 1 City of Carlsbad Aaz:z 1200 Elm Avenue Carlsbad, CA 92008
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Title Order No .........._......... . Ewrow No .... , ..... .. ....
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STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO )
- On this z day of , in the year -,
before me, the undersigned, a Notary Public in and for said State, personally appeared James R. Bosler, personally known to me (or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Pres] on behalf of Caliber Development, Inc., the corporation the] named, and acknowledged to me that said corporation executec the within instrument pursuant to its bylaws or a resolutiox
me to be the general partner of Caliber Industrial One, Ltd a California limited partnership, the partnership that execi
the within instrument, and acknowledged that such corporatic executed the same as such partner and that such partnership
executed the same.
of its board of directors, said corporation being known to
WITNESS my hand and official seal.
%,-; -- r \ \ -,<
Notary Public
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EXHIBlCT"A"
LEQALDESCRIPTIONOFWATsRT l.ILmX3
ALL THAT PORTION OF LOT 5 AS SHOWN ON MAP 9744, IN 'THE CIT' CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FlLED IN OFFICE OF SAID COUNTY RECORDER ON AUGLTST 5, 1980, DESCRIBE1 FOLLOWS :
A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH S AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE.
BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF CORTE CEDRO, SAID POINT LYING 31.00 FEET WESTERLY OF THE CENTERLIN SAID ROAD, A;qD SOUTH 0-00-48 WEST, 40.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE ALONG SAID CENTER
AND PARALLEL TO, AND 40.00 FEET SOUTHERLY OF THE MOST NORTH LINE OF SAID L3T 5 SOUTH 87-48-05 WEST, 155.50 FEET TO A P HEREIN REFERED TO AS POINT "A".
ALSO, A STRIP OF LAND, 25.00 FEET IN WIDTH, LYING 5.00 EASTERLY AND 20.00 FEET WESTERLY OF, AND PARALLEL TO FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT 20INT "A" AS REFERRED TO HEREIN ABOVE; THENCE A SAID CENTERLlNE SOUTH 2-11-55 EAST, 7.50 FEET.
THENCE ALONG SAID CENTERLINE NORTH 2-11-55 WEST, 47.50 FEE SAID NORTHERLY LINE OF SAID LOT 5 AND THE POINT OF TERMINATIC
THE SIDELINES OF SAID 15.00 FOOT EASEMENT TO BE s;IioRrEw LENGTHENED TO END ON THE WESTERLY RIGHT-OF-WAY OF SAID CORTE CE DRO . &g +Of SS'O&#f<
sQo G.S 0.30521 xp 3/31/92
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CilWLJ 83-C. L4b
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7+08.33 B.C. A/89'59'/2'zm)- --
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West Coast Design LC
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated
from Caliber Industrial One, Ltd.
June 15, 1988
to the City of Carlsbad, California, a municipal corporation
is hereby accepted by the City Council of the City of Carlsb
California pursuant to resolution No. 88-280 , adopted
on August 9, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 10, 1988
By: acid, k n,- ALETHA L. RAUTENKRANZ, City\Cl