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HomeMy WebLinkAbout1988-08-09; City Council; 9574; ACCEPTANCE OF TWO GRANT DEEDS FOR WATERLINE PURPOSES CORTE DEL CEDRO PD 300. 0 w >o E e 6 .. z s 6 a 6 z 3 0 0 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. . r w - - LOCATION MAP - / PROJECT NAME: PR 0 J. 'E Xi NO. CORTE DEL CEDRO PD-300 West Coast Design LCC5 <- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c 0 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 //I /// //I /// /// /// /// /// /// /// c. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ? 0 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 e 0 3 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 -2- 0 e 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 -3- 0 0 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) 1-- /- -_ r >4. - 3 )\* , ,\-. 3 ~o t ar~Xk-1 i c -4- e 0 I- f / *. .. 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. < I.*& ,. CMWD 88-C.246 I ,,’ - b / EXHIBIT B LOT 4 WATER ESMT. / VICINITY MAP NO SCALE I CMWD 88bC.246. -. L( West Coast Design * e 8 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 a 0 1 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. -2- 6 e 4 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. -3- e 0 e 9 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, \<. \ -4- 4 0 0'- i 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 R. I. CPIWD 83-c. 246 I f,,.' I 1 EXHIBIT Bo LOT 5 WATER ESMT. I ,-,-,- -2 L\r I .J . ., b 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 .._._...__....___...._._.. e Tkir rpoca for Rocorbr's uy I 0 0 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. ,- /*_ , - L.?__-_ - \ , -‘ x, . Notary Public i o e- 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. rl, - 4: ,. CMWD 88-C.246 .- * I,’ F 1 LOT 4 WATER ESMT. 7+00.34 0.C. - -- ~89’Ss’/z‘~~R) ’ c-,-i *J L-\. 1 r, ViCl NI TY MAP West Coast Design LC 0 e 1 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 cnn. S7.n -1 Title Order No .........._......... . Ewrow No .... , ..... .. .... z,.L Ns un. k. RUord.r's uy * e 0 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 0 e 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 J) ClVlL +€Of cAutd ,. CilWLJ 83-C. L4b fi 7+08.33 B.C. A/89'59'/2'zm)- -- ... . .. .. West Coast Design LC J e a ’ 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