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Home My WebLink About1988-11-08; City Council; 9711; ACCEPTANCE OF A GRANT DEED FOR STREET AND GENERAL UTILITIES PURPOSE VILLAGE FAIRE (PD 305; RP 87-11). AS#.^- MTG. 11-8-88 DEPT.-. TITLE:' DEPT. H ACCEPTANCE OF A GRANT DEED FOR STREET AND GENERAL UTILITIES PURPOSE CITY AT CITY MC VILLAGE FAIRE (PD 305; RP 87-11) 1. 0 WASUINGTON A- 80'S'ZO" R- 25W' L - 36.26' s. E LY L fNG K€,UTN€RS LAND CA RLSSAU NO SCALE --------- A.T. A 3 F. R.A. VILLAGE! FAlRE d PD - 305 A.P. NO. 203-174-0 oud -I2 The undersigned grantor(s) declare(s): k Documentary transfer tax is - 0 - * c EXHIBIT IrArf LEGAL DESCRIPTION That portion of land lying within Tract 96 of Carlsbad Larids, the City of Carlsbad, in the County of San Diego, *State California, according to Map thereof No. 1661, filed in Office of the County Recorder of San Diego County, March 1, 15 being described as follows: Beginning at the northeasterly most corner of said Tract thence, southwesterly along the northwesterly line of said tra South 55°30'2011 West, a distance of 33.00 feet to the beginr of a tangent 25.00-foot radius curve, concave southwester thence, northeasterly along the arc of said curve, throug' central angle of 89"59'59", a distance of 39.27 feet, to a PC of tangency, that is parallel and 8.00 feet westerly of northeasterly line of said Tract 96; thence, South 34"29' East, a distance of 348.11 feet, to the beginning of a tan< 25.00-foot radius curve, concave northwesterly; thence, south€ and southwesterly along the arc of said curve, through a cent angle of 89"58'2011, a distance of 39.26 feet, to a point tangency, that is parallel and 2.00 feet northwesterly of northerly right-of-way of Elm Street as shown on Record of Sur Map 9536, recorded December 30, 1983, in the County Record€ Office of San Diego County: thence, South 55O28'39I1 West distance of 359.16 feet, to'the beginning of a non-tangent 28. foot radius curve concave southerly, a radial bearing to s point bears North 51"22f2311 East: thence northerly and weste along said curve through a central angle of 83"52'2711 an length of 40.99 feet to a point that is non-tangent, a rad bearing to said point bears North 32"29'3411 West: thence alon line that is parallel and 1.00 foot northeasterly of the easte right-of-way of Carlsbad Boulevard as shown on said Record Survey: thence, North 34°32'2211 West, a distance of 222.33 fe to a point along the southeasterly most line of prope described in deed to Edward G. Kentner recorded December 7, 19 as File Page No. 76-409150 of Official Records: then southwesterly along said Kentner Line South 55O27'38I1 West distance of 1.00 feet to an intersection with said easte right-of-way of Carlsbad Boulevard: thence, along said right- way, South 34°32/2211 East, a distance of 250.31 feet to intersection with the northerly right-of-way of Elm Aven thence, along said right-of-way, North 55°28'3911 East, a dista of 420.07 feet, to an intersection with the westerly right-of- of Washington Street: thence, along said right-of-way, Nc 34"29,4lf1 West, a distance of 400.09 feet to the POINT BEGINNING. NT OF B&G/NN/NG CYlR'777Ac-r 9 -- N34O 29'41 "W = 8S053'53" A- 80°~'20'' R = 25.00' L w 36-26' RECORD OF SURVEY 9536 TiT % CARLSBAO LANQ:S MAP /66f 5. E'LY LfN€ KENTNERB LAND CARLSSAD -- ----__--- EASEMENT PLAT FXWT- "6" DEDICATION TO CITY OF CARLSBAD ECT .)(. PE 2-88-11) 1IIIIc- 0 EXHIBIT "C" 0 ', . :L . I' LEGAL DESCRIPTION A 27.00-foot wide easement over, under, along and across thz portion of Tract 96 of Carlsbad Lands in the City of Carlsbac County of San Diego, State of California, according to Mz thereof No. 1661, filed in the Office of the County Recorder c San Diego County, March 1, 1915, the centerline being mol particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevai and Grand Avenue, as shown on Record of Survey Map No. 953f recorded December 30, 1983; thence, northeasterly along tk centerline of said Grand Avenue, North 55"3Ot2OtB East (Recorc North 55"3O'2OBB East, Record of Survey 9536), a distance c 169.00 feet, to the TRUE POINT OF BEGINNING; thence perpendicular to said centerline, South 34029'40BB East, distance of 114.50 feet. Excepting all that portion lying within Grand Avenue, as shown c said Record of Survey 9536. onaid L Holb .va 3 4 i 0 LA~IDII U' 0 LEGAL DESCRIPTION A 15-foot wide easement over, under, along, and across 1 portion of Tract 96 of Carlsbad Lands in the City of Carlsl County of San Diego, State of California, according to thereof No. 1661, filed in the Office of the County Recorder San Diego County, March 1, 1915, the centerline being- n particularly described as follows: Beginning at the centerline intersection of Carlsbad Boule\ and Elm Avenue, as shown on Record of Survey Map No. 9E recorded December 30, 1983; thence, northeasterly along centerline of said Elm Avenue, North 55'28'39" East (Recc North 55°30'0011 East, Record of Survey 9536), a distance 295.04 feet, to the TRUE POINT OF BEGINNING; then perpendicular to said centerline, ' North 34'31'21" West, distance of 50.00 feet. Excepting all that portion lying within Elm Avenue, as-shown said Record of Survey 9536. .. I 1. *..rurmrrura IC -- ----- .'- *. @LI I -< -- ---- ,m,m .ssN:u-m3~~ ,63'69/ 3tOZ to€ m99N \I. 0 e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed ox Firant dated 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. 88-384 , adopted on November 8, 1988 - , and the grantee consents to the recordation thereof by its duly authorized officer. August 15, 1988 T.I.L., LTD. ---.---------------______________________---- DATED : 11/9/88 6 By : ALETHA L. RAUT * e e RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, CA 92008 Space above this 1 ine for Recorder's use. SUBORDINATION AGREEMENT NOT ICE: 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 ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 15th day of Auqust 1988 by T.I.L. Ltd. and T.I.O. Ltd., California Limited Partnerships owner of the land hereinafter described and hereinafter referred to as "Owner," and City , National Bank , present owner and holder of the deed of trust and not hereinafter described and hereinafter referred to as "Beneficiary"; W ITN ES S ETH THAT WHEREAS, T.I.L. Ltd. and T.I.O. Ltd. did execute a deed of trust, dated May 12, 1988 , to Safeco Title Insurance Company, a California Corporation as trustee, covering real propertv described on Exhibit A, attached hereto, and incorporated herein bv this reference, to secure a note in the sum Of ten million four hundred thousa nd dollars and no cents ~$10,400,000.00) dated Mav 17. 1988 , in favor of Citv National 0 0 Bank recorded Mav 31, 1988 , as File No. 88-254950 of Offi- cia1 Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTS datedAuaust 15. 1988 , in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating the EASEMENTS mare particularly described in EXHIBIT B attached hereto; and WHEREAS, it is a condition precedent to obtaining said EASEMENTS that said grant of EASEMENTS 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 EASEMENTS provided the grant of EASEMENTS 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 that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTS and Beneficiary is willing that the grant of EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally 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 the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 0 0 I . .. .I ., 1. That said EASEMENTS in favor of Easement Grantee sha unconditionally be and remain at all times a charge on the property there described, prior and superior to the lien or charge of the deed of trust abo mentioned. 2. That Easement Grantee would not accept said EASEMENTS abo described without this subordination agreement. 3. That this agreement shall be the whole and only agreement wi regard to the subordination of the lien or charge of the deed of trust abo mentioned to the EASEMENTS in favor of Easement Grantee above referred to a1 shall supersede and cancel, but only insofar as would affect the priori1 between the deed of trust and EASEMENTS hereinbefore specifically described, at prior agreement as to such subordination including, but not limited, those prc visions, if any, contained in the deed of trust above mentioned, which provic for the’subordination of the lien or charge thereof to another interest in tt real property therein described. BENEFICIARY declares, agrees and acknowledges that: He consents to and approved the grant of EASEMENTS in favor of tt 1. Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and suboi dinates the lien or charge of the deed of trust above mentioned to the EASEMEN7 in favor of Easement Grantee above referred to and understands that in relianc upon, and in consideration of, this waiver, relinquishment and subordination o the grant of EASEMENTS is being executed and delivered, the EASEMENTS is bein created, and that specific monetary and other obligations are being and will b entered into by the Easement Grantee, other lenders and title insuranc companies which would not be made or entered into but for said reliance upon tt- waiver, relinquishment and subordination; and 0 0 0 3. An endorsement has been placed Upon the note secured by the deed Of trust above mentioned that said deed Of trust has by this instrument been subor- dinated to the charge of the EASEMENTS in favor of Easement Grantee above referred to. OWNER BENEF IC I ARY '1 0 1 /J7LLzL &&kbr/LA- q. 3 1 IT IS RECOMMENDED T&T, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT' ::" fi~ PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO* PARTNERSHIP ACKNOWLEDGMENT Patricia R. Fletter Countyof SAN DIEGO the undersigned Notary Public, Personally appeared ! I David L, Harshbarger and Robert Be Burke a personally known to me 0 proved to me on the basis of Satisfactory evidence to be the person(s) who executed the within inStWnent on beha\f partnershhand acknowledged to me that the Partnership execute PATRiClA R FLETTER ninTaw PUBLIC - CALIFORNIA --. .-I ---I/-) 1 - a f STATE OF CALIFORN~A I 2 v a - ! E z z &a c" 5 --------- ---President and- 2.: ----XJTYNW BANK - on behalf of-- C0lJNl-f OF- - - - __ SAN - __ _D_IEGO Iss e L -------------I m I on---BUGUST 12' 19~~ - -- - --- - ----. before me. the undersgned, a Notary Public In and ,or n sa'd State* PersonallY appeared- -~o!-/-/~~- D . M. HAYES basls of satrstac~o~ evidence) to be the Persons who executed the wlthln lnstrument as and -* Personally known to me (or proved to me on the - --__ ---- -_ - -- - ___ -1 m> VICE thecorporatlonfhereln named, andacknowledged to me thatsari Corporation exec"ted the within Instrument Pursuant to ,ts by- lawsor aresolution of its board of directors :4 Lo e L W'TNESS mY hand and official seal. Signature (This area for official notargal seal) EXHIBIT "A" . e - .* *. PARCEL 1: THE SOUTtiWESTERLY 230.00 FEET - MEASURED ALONG TflE SOUTMEASTERLY LINE - OF THE SOUTHEASTERLY 210.00 FEET - MEASURED ALONG THE SOUTflWESTERLY.LINE - OF TRACT 96 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TilEREOF NO. 1661, FILED IN THE OFFICE OF T1iE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915. EXCEPTING THEREFROM TIiAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 15, 1934 IN BOOK 334, PAGE 247 OF OFFICIAL RECORDS. EXCEPTING all right, title and interest in and to the buildings, structures and improvements and fixtures appurtenant thereto located on said land (which buildings, structures and improvements and fixtures shall be and remain real property), including, without limitation, buildings, swimming pools and , recreational facilities, walkways and road improvements, carports and other parking facilities improvements, fences and landacaping. RESERVING therefrom such easement or other rights which the owner of the improvements severed from said land may have for the support maintenance, use and access to and from said improvements; and for utilities, appurtenances and incidental purposes. PARCEL 2: ALL THAT PORTION OF TRACT 96 OF CARLSBAD LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915 DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID TRACT 96, W11ICH IS 150 FEET SOUTH 34 DEGREES 33' EAST FROM THE MOST WESTERLY CORNF,R OF SAID TRACT 96; THENCE NORTH 55 DEGREES 27' EAST 70.00 FEET TO THE'MOST SOUTHERLY CORNER OF LAND DESCRIBED IN,DEED TO F. C. BUTLER, ET AL, RECORDED OCTOBER 27, 1931, DOCUMENT NO. 53245 IN BOOK 62, PAGE 16 OF OFFICIAL RECORDS. THENCE ALONG THE SOUTHWESTERLY AND NORTHWESTERLY BOUNDARY OF SAID LAND NORTH 34 DEGREES 33' WEST 100.00 FEET; NORTH 55 DEGREES 27' EAST 30.00 FEET AND NORTH 34 DEGREES 33' WEST 50.00 FEET TO TflE NORTHWEST LINE OF SAID TRACT 96; THENCE NORTH 55 DEGREES 27' EAST 340.00 FEET TO THE MOST NORTHERLY CORNER OF SAID TRACT; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE THEREOF 400.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT: TIIENCE SOUTHWESTERLY ALONG THE SOUTHEAST LINE OF SAID TRACT 210.00 FEET TO A POINT WtlICH IS DISTANT NORTHEASTERLY 230.00 FEET FROM THE HOST SOUTHERLY CORNER OF SAID TRACT 96; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE OF TRACT 96 NORTH 34 DEGREES 33' WEST 210.00 FEET; THENCE SOUTH 55 DEGREES 27' WEST 230.00 FEET TO SAID SOUTHWESTERLY TRACT LINE; THENCE NORTH 34 DEGREES 33' WEST 40.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO TIIE STATE OF CALIFORNIA, RECORDED OCTOBER 15, 1934 IN BOOK 334. PAGE 247 OF OFFICIAL RECORDS EXCEPTING all right, title and interest in and to the buildings, structures and improvements and fixtures appurtenant thereto located on said land (which buildings, structures and improvements and fixtures shall be and remain real property), including, without limitation, buildings, swimming pools and recreational facilities, walkways and road improvements, carports and other parking facilities improvements, fences and landscaping. YAQC I 0 w EXHIBIT llsll LEGAL DESCRIPTION That portion of land lying within Tract 96 of Carlsbad Lafids, the City of Carlsbad, in the County of San Diego, .State California, according to Map thereof No. 1661, filed in Office of the County Recorder of San Diego County, March 1, 1 being described as follows: Beginning at the northeasterly most corner of said Tract thence, southwesterly along the northwesterly line of said tr( South 55'30'2011 West, a distance of 33.00 feet to the begin of a tangent 25.00-foot radius curve, concave southweste thence, northeasterly along the arc of said curve, throug central angle of 89°59'5911, a distance of 39.27 feet, to a PI of tangency, that is parallel and 8.00 feet westerly of northeasterly line of said Tract 96; thence, South 34'29 East, a distance of 348.11 feet, to the beginning of a tan( 25.00-foot radius curve, concave northwesterly; thence, south1 and southwesterly along the arc of said curve, through a cen angle of 89"58'2O1I, a distance of 39.26 feet, to a point tangency, that is parallel and 2.00 feet northwesterly of northerly right-of-way of Elm Street as shown on Record of Su Map 9536, recorded December 30, 1983, in the County Record Office of San Diego County; thence, South 55'28'3911 West distance of 359.16'feet, to'the beginning of a non-tangent 28 foot radius curve concave southerly, a radial bearing to point bears North 51°22'2311 East; thence northerly and west along said curve through a central angle of 83'52'27" an length of 40.99 feet to a point that is non-tangent, a ra bearing to said point bears North 32'29'3411 West: thence alo line that is parallel and 1.00 foot northeasterly of the east right-of-way of Carlsbad Boulevard as shown on said Recorc Survey; thence, North 34°32'2211 West, a distance of 222.33 f to a point along the southeasterly most line of prop described in deed to Edward G. Kentner recorded December 7, 1 as File Page No. 76-409150 of Official Records; the southwesterly along said Kentner Line South 55"27'3811 Wesl distance of 1.00 feet to an intersection with said east right-of-way of Carlsbad Boulevard; thence, along said right way, South 34"32'2211 East, a distance of 250.31 feet tc intersection with the northerly right-of-way of Elm Ave thence, along said right-of-way, North 55°28'3911 East, a dist of 420.07 feet, to an intersection with the westerly right-of of Washington Street; thence, along said right-of-way, N 34"29'4111 West, a distance of 400.09 feet to the POIN'I BEGINNING. ---- -- -.- NOT TO SWLE - 80'53'59" A- 80'&?'20" R- 26.W' L .I 39.26' L * bS.27' RECORD 8F WRV€f 6536 MAP /e/ s. E'LY LINE KENTMER~' LAND CA RLSSAP ---------- EASflMEMT PLAT Fx141e'T us# DEDICATION To CITY OF CBRLSBAD RP 87-11 (PROJECT I(g PE 2-88-10 land planning, civii engineerin& sun @ra Wl-l681 I--- - "* ,- ., -0 w EXHI BIT 111311 LEGAL DESCRIPTION A 15-fOOt wide easement over, under, along, and across tl- portion of Tract 96 of Carlsbad Lands in the City of Car'lsbz County of San Diego, State of California, according to E thereof No. 1661, filed in the Office of the County Recorder San Diego County, March 1, 1915, the centerline being mc particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevz and Elm Avenue, as shown on Record of Survey Map No. 95: recorded December 30, 1983; thence, northeasterly along t centerline of said Elm Avenue, North 55°28f3911 East (Recox North 55"30'0011 East, Record of Survey 9536), a distance 295.04 feet, to the TRUE POINT OF BEGINNING; thenc perpendicular to said centerline, North 34O31'21" West, distance of 50.00 feet. Excepting all that portion lying within Elm Avenue, as shown said Record of Survey 9536. I. -- ---__- N63' 28 'S9''E CR&COk?D:~V65.30'00" .u -- I-AC~YS a or Q I* 0 w EXHIDIT "B" LEGAL DESCRIPTION A 27.00-foot wide easement over, under, along and across tha portion of Tract 96 of Carlsbad Lands in the City of Carlsbad county of San Diego, State of California, according to Ma thereof No. 1661, filed in the Office of the County Recorder o San Diego County, March 1, 1915, the centerline being mor particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevari and Grand Avenue, as shown on Record of Survey Map No. 9536 recorded December 30, 1983; thence, northeasterly along th centerline of said Grand Avenue, North 55"30'2011 East (Record North 55"30f20f1 East, Record of Survey 9536), a distance o 169.00 feet, to the TRUE POINT OF BEGINNING: thence perpendicular to said centerline, South 34"29'4OV1 East, distance of 114.50 feet. Excepting all that portion lying within Grand Avenue, as shown o said Record of Survey 9536. Y 4 R -- ---- mald L Holtows . I 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 e W 88-384 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED. WHEREAS, T.I.L., Ltd. a limited partnership has submitted a Gr conveying an easement to the City of Carlsbad for street, water and uti 1 i ties purposes ; 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 City of C California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from T.I.L. Ltd., dated August I! conveying easements for street, water and general utilities purposes to of Carlsbad which is on file with the City Clerk and is incorporated hl reference, is accepted. 3. That the City Clerk is authorized to cause the original Dc subordination agreement pertaining hereto, to be recorded in the Officl County Recorder of San Diego County, State of California, with the app Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl Council held on the 8th day of November , 198 following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and I NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) aw&- 04Q-