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Home My WebLink About1989-03-28; City Council; 9939; Accept Grant Deed--a, OF CARLSBAD - AGEN[” BILL DEPT.- ACCEPTANCE OF A GRANT DEE FOR WATERLINE EASEMENT PURPOSES LOTS 230 & 231 LA COSTA VALLEY UNIT 5 PD 304, PR 3.5.64 RECOMMENDED ACTION: Adopt Resolution No. #* y2H accepting a Grant Deed for water main purposes. ITEH EXPLANATION: As a condition of approval of Site Development Plan 85-11, the Owner is required to offer for dedication a 24' easement on a portion of Lots 230 and 231 of La Costa Valley, Unit 5 off of Alicante Road. The easement will be granted for the purpose of waterlines. FISCAL IMPACT: Requiring dedication as a condition of development will save the City expenses in the future right-of-way acquisitions. EXHIBITS: 1. Location Map. 2. Grant Deed from La Costa Alicante Views dated February 1, 1989. 3. Subordination Agreement from Great Western Bank dated February 1, 1989. 4. Resolution No. m- %5-- accepting a Grant Deed for water main purposes. LOCATION MAP ! ;, (1: 7‘ c. L-,)4.? f f GC-- --*-- -- 44 /44 l( \ .w/ *c&q - . L, j ;-i) i ;., -. ---A- .i\yAv. /a\, \ ---- VICINI-TY I PROJECT NAME ON-SITE WATER EASEMENT FOR ALICANTE VIEW APARTMENTS PROJ. NO. EXHIBIT PD 304 I I 1 . RECORDING REOUESTED BY City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 AND WHEN RECORDED MAIL TO 1 City & State L -I MAIL TAX STATEMENTS TO l- 1 Name Chapparal Estates Corp. 3511 Camino De1 Rio South Street Address Suite 500 San Diego, CA 92108 City & State L -I 1 SPACE ABOVE THIS LINE FOR RECORDER’S USE APN 215-240-01,02,03&04 CAT. NO. NN00586 Partnership Grant Deed PR 3.5.64 TO 1925 CA (2-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS ?@ 304 SDP 86-r) I I The undersigned grantor(s) declare(s): Documentary transfer tax is Gj F,qwnt ofi@ ( ) computed on full value of property conveyed, or ) I )U computed on full value less value of liens and encumbrances remaining at time of sale. nincorporated area: (X > City of Carlsbad APN 215-240-01,02,03&04, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, * La Costa Alicante Views a limited partnership organized under’the laws of the State of Cal i forni a herebyGRmTSto City of Carlsbad, a 19unicipal Corporation, an easement for waterline purposes over, under and across the following described real property in the C-i ty of CarI shad County of San Diego a State of California. See Exhibit "A", Page 1 of 1, for legal description incorporated herein and as shown on Exhibit "B" for reference only attached hereto. AJ,&h? Views Ltd. Dated: / /i& /987 rj+'XII,Inc., Gen. Part. / , Goodin, Pres . Partner 1 Acknowledgment by Corporation which Is General Partner) -- Partner . STATE OF CALIFORN COUNTY OF c%) I SS. ’ *y On this day ot &8 f , in the year 19=, before me. the undersigned, a Notary Public in 6- and for said County and State, personally appeared (J. Lit J%UX A G~hr 5 -f- Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as p&S-S, ,9C and/or 4 Tc/tsTq& / or on behalf of the C&poration therein named and on behalf of the Partnership; and acknowledged that the Corporation executed and the Part. nership,executed the instrument. I Notary Seal Notary Public in and for said County and State L.F.,, TA” P-r~-l-rL”r~,~c-. *p n,T\l-nY-rrr *--.,.- EXHIBIT 'A' ENGINEERS DESCRIPTION WATER EASEMENT AN EASEMENT FOR WATERLINE PURPOSES AND APPURTENANCES OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOTS 230 AND 231 OF LA COSTA VALLEY UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 6730 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1970 DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 231, DISTANT THEREON N80"35'00"W 23.81 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE LEAVING SAID NORTHERLY LOT LINE ALONG THE WATER EASEMENT THE FOLLOWING COURSES; S9"25'OO'W 128.36 FEET; THENCE N80"35'00'W 5.00 FEET; THENCE S9"25'OO'W 10.00 FEET; THENCE S80'35'00'E 5.00 FEET; THENCE S9'25'OO'W 17.64 FEET; THENCE S80'35'00'E 21.00 FEET; THENCE N9'25'00'E 5.00 FEET; THENCE S80"35'00'E 38.31 FEET; THENCE S85'19'22'E 89.55 FEET; THENCE S4'40'38"W 25.00 FEET; THENCE S85'19'22'E 10.00 FEET; THENCE N4'40'38'E 25.00 FEET; THENCE S85'19'22'E 10.14 FEET; THENCE S4'40'38"W 15.00 FEET; THENCE S85'19'22'E 15.00 FEET; THENCE N4'40'38'E 39.00 FEET; THENCE N85'19'22'W 123.70 FEET; THENCE N80"35'00"W 34.32 FEET; THENCE N9'25'00'E 127.00 FEET TO THE NORTHERLY LINE OF SAID LOT 230; THENCE N80'35'00'W ALONG SAID NORTHERLY LINE OF LOTS 230 AND 231, 24.00 FEET TO THE POINT OF BEGINNING. CMWD 80-409 PR 3-5-64/PD 304 ~- EXHIBIT ‘B’ CARlNGA WAY c!= I I vi- ’ I-\---- L’,, ’ I 23: i ,:’ I. I ,’ ‘I I I !iX ;3:‘_) c :’ .,” s ,.’ ~ 0 I z ,, ; ,/ ’ 9 8 , $0 ,” 8- zrf. ’ .‘,$ .’ ,’ ‘3, .’ m ./’ LJ :’ 5 t5,. ..‘$j :’ -1, ,& , - I ,’ / ,.f , \ SCALE I ‘I= 3d VICINITY MAP A/07- TO SCALE- \ r>+ ,’ 4 ; b.@&5’#‘~~ pQOp()~Eo WATER EA5EmEr;\T J E!!d3$gpJ : 8.” . --- \ .” L& - 3432’~~+/--- I - .e . . -3 -,,--=I:* ,, , .’ ,~~~“,,~,:“:1:1.~~~~~-~ 1: % ,,i ,_ . . __ ,, \ , :lQ G ,’ I .’ I 2 ,!.21,,~‘,,~‘~~~~. ~~.~‘1+$,@ r.., +f sLty;yy$! <I ,‘u- zf- ,’ \ I’ N“.o, \5.cp: 11 4 ‘/AI 1 I-‘/ \.2\ rc 5% 19 22’ b//J\- LIZ y :, ,o.od” .. I , - -A I 1‘;ij I- 95” I9 '2.2 E c: y\ /Lp <y-7 3 1:) PR 3,5-b4 /rr; 3oLf r5SE550R’S PeRcEL tqo. 215-z40- 02,03 CMWO lb-409 ‘ROJECT NAME: ALICANTE PROJ. EXHISIT (SDP 85-U) VIEWS APARTMENTS !,“;,, B - CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated FPhrlIarv 1. 1989 from La Costa Alicante Views 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. 89-95 I adopted on March 28, 1989 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 29, 1989 By: ti/&?&?!&& ALETHA L. RAUTENKRANZ, Cijzy Clerk RECORDING REQUESTED 61 AND WHEN RECORDED MAIL TO: ) 1 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 Space above this line for Recorder's use. PD 304/PR 3.5.64 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATIONAGREEMENTRESULTS 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 19af by La / day of fib Costa Alicante Views owner of the land hereinafter described and hereinafter referred to as 'Owner," and Great Western Bank, present owner and holder of the deed of trust and not hereinafter described and hereinafter referred to as "Ben- eficiary"; WITNESSETH THAT WHEREAS, La Costa Alicante Views did execute a deed of trust; dated August 5 1988, to California Reconveyance Company as trustee, covering Lots 229, 230, 231 and 232, Map 6730, to secure a note in the sum of five million fifty thousand dollars ($5,050,000.00) dated August 5, 1988, in favor of La Costa Alicante Views recorded September 27, 1988, as File No. 88-490338 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated /&A 1787 , in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibit A attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided the 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 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 Easement created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing that the grant of Easement 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 Easement above referred to, it is hereby declared, understood and agreed as follows: 1. That said Easement in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said Easement above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above - 2 - - mentioned to the Easement in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and Easement hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those pro- visions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the 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 the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subor- -':n%+inn of the grant of Easement is being executed and delivered, the‘Easement iw STATE OF C/tLIFORNI,j * -z--+:nnc are be SS. 14r?a I FOR NOTARY SEAL OF) CTI ..- 1 hMc ill 31~1 1;~ s;li(J (‘olll,~v .,r,t, q I(‘ _* .i‘. personally known t0 me (WI PI-. - the within instrument as and/or ‘SC24 or on behalf of the COlpOla-- therein named and on behalf Of the Partnership; and acknowledged that the Corporation executed and the Part- nership executed the instrument. - s l-7-T i 111 I NOTARY PUDLIC CALlFORNlA PRINCIPAL OFFKX IN SAN DIEGO COUNTY My Cornmuon Exp. Noven~ber 18. 1992 ~~- TTT Tnr L.L.L A.., nc. . I Notary public in and foe said COUW and State I 1 . IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) I -4- EXHIBIT 'A' ENGINEERS DESCRIPTION WATER EASEMENT AN EASEMENT FOR WATERLINE PURPOSES AND APPURTENANCES OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOTS 230 AND 231 OF LA COSTA VALLEY UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 6730 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1970 DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 231, DISTANT THEREON N80"35'00'W 23.81 FEET FROM THE NORTHEAST CORNER 'J'JJERJ':OF ; TIJENCE LEAVING SAID NORTJJERLY J,OT LINE ALONG TJIE WATER EASEMENT THE FOLLOWING COURSES; S9'25'OO'W 128.36 FEET; THENCE N80"35'00'W 5.00 FEET; THENCE S9"25'OO'W 10.00 FEET; THENCE S80'35'00"E 5.00 FEET; THENCE S9'25'OO"W 17.64 FEET; THENCE S80"35'00'E 21.00 FEET; THENCE N9'25'00'E 5.00 FEET; THENCE S80'35'00"E 38.31 FEET: THENCE S85'19'22"E 89.55 FEET; THENCE S4'40'38'W 25.00 FEET; THENCE S85'19'22"E 10.00 FEET; THENCE N4'40'38"E 25.00 FEET: THENCE S85'19'22'E 10.14 FEET; THENCE S4'40'38'W 15.00 FEET: THENCE S85"19"22"E 15.00 FEET; THENCE N4'40'38"E 39.00 FEET: THENCE N85'19'22'W 123.70 FEET; THENCE N80"35'00"W 34.32 FEET; THENCE N9'25'00"E 127.00 FEET TO THE NORTHERLY LINE OF SAID LOT 230; THENCE N80'35'00'W ALONG SAID NORTHERLY LINE OF LOTS 230 AND 231, 24.00 FEET TO THE POINT OF BEGINNING. CMWD 80-409 I'R 3-5-64/J'D 304 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 RESOLUTION NO. 8g-g5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR WATERLINE PURPOSES OVER A PORTION OF LOTS 230 & 231, LA COSTA VALLEY #5. WHEREAS, La Costa Alicante Views has submitted a Grant Deed conveying an easement to the City of Carlsbad for waterline purposes over a portion of Lots 230 and 231, La Costa Valley #5; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deed; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carl sbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from La Costa Alicante Views dated February 1, 1989, conveying an easement for waterline purposes over a portion of Lots 230 and 231, La Costa Valley #5 to the City of Carlsbad which is on file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the Subordination agreement from Great Western Bank dated February 1, 1989 approving an easement for waterline purpose over a portion of Lots 230 and 231 of La Costa Valley Unit No. 5 and subordinating the lien of the deed of trust to the easement is on file with the City Clerk and is incorporated herein by reference, is accepted. //I /// //I //I //I /// /// /// /I/ /I/ /// , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2% 23 24 25 26 27 28 4. That the City Clerk is authorized to cause the original Deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 78th day Of Mnrrh , 1989 by the following Vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux, Larson & Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RADTENKRANZ, City Clbrk (SEAL)