HomeMy WebLinkAbout1989-05-09; City Council; 10011; Accept Grant DeedCIT- OF CARLSBAD - AGEND
AB# /4 b/j TITLE: ACCEPTANCE OF A GRANT DEED F
MTG. 5-9-8~ GENERAL UTILITY AND ACCESS PURPOSES PACIFIC CENTER ASSOCIATES DEPT.FN~, PRIVATE DEVELOPMENT 246
I RECOMMENDED ACTION:
Adopt Resolution No. 87-/35 accepting a Grant Deed and Subordination
Agreement for general utility and access purposes.
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ITEM EXPLANATION:
As part of the development being done under Private Development No. 246, the owner, Pacific Center Associates, is required to do on-site waterline
improvements and to offer easements over the waterline improvements. The owner has submitted the attached grant deed for a general utility and access easement over the on-site facilities for Council acceptance. The project is located
near the southeast corner of the intersection of Palomar Airport Road and
Avenida Encinas.
I FISCAL IMPACT:
Requiring dedications 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 Pacific Center Associates, dated April 3, 1989.
3. Subordination Agreement from City National Bank to Pacific Center Associates, dated April 3, 1989.
3. Resolution No. SY-435 accepting a Grant Deed and Subordination
Agreement for general utility and access purposes.
LOCATION MAP
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AiENIDA ENCINAS
BRLAN SMITH ENGINEERS, INC.
2650 STATE smcm cm omoa
CARLSBAD PAC/F/C CEN
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RECORDING REQUESTED BY -
. . . City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
AND WHEN RECORDED MAIL TO
r City of Carlsbad 1
Name 1200 Elm Avenue
Street
Address Carlsbad, CA 92008
City 23
State L -I
MAIL TAX STATEMENTS TO
r 1
Name Wcific Center Associates
Street Address 701 Palomar Airport Rd.
Suite 205
City 81 State L Carlsbad, CA 92009 -I 1
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SPACE ABOVE THIS LINE FOR RECORDER’S USE
CAT. NO. NN00566 Partnership Grant Deed PD 246 A. P. No. 210-100-08
TO 1925 CA (11-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS 210- 100-09
PR 3.5.45
The undersigned grantor(s) declare(s): lJuzt- Documentary transfer tax is -O- F_asement On1 v .
( ) 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 c;lrr , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PACIFIC CENTER ASSOCIATES, a California general
a general
oartners partnership organized under the ldws of the s iD tate of Cal i forn i a
hereb GRANTS to the E(ity of Carlsbad, a municipal corporation Access purposes over, under and across , an easement for General Utility and
the following described real property in the
Countyof San Diego , State of California.
See Exhibit "A" consisting of 2 Pages, for legal description, incorporated herein and Exhibit "B" for reference only (attached hereto).
PACIFIC’ CENTER ASSOCIATES, a
California general partnership BY: CARLSBAD PACIFIC CENTER ONE,
LTD., a California limited
partnership, General Partner
By: Caliber Development, Inc. a California corporation
its sole general partner
Dated: Jml’L 3 /v y9
OF CALIFORNIA
Presidentpartner
Partner
and official seal.
(This area for official notarial seal)
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
STATE OF CALIFORNIA ' ) ss. COUNTY OF SAN DIEGO
On this @ day of before me, a Notary Public in an appeared Brent R. Covey, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Vice President on behalf of Caliber Development, Inc., the corporation therein 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 one of
the partners of Carlsbad Pacific Center One,.Ltd., a California limited partnership, the- limited phrtnership that executed the
within instrument, said partnership being known to me to be
one of the partners of Pacific Center Associates, the general partnership that,executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnerships also executed the same.
WITNESS my hand and official seal.
Notary Put$yic
Mv &mm. EXQ. CW.23.19112
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO)
On this 3rd day of April, in the year 1989, before me, 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 Secretary on behalf of
Caliber Development, Inc., the corporation therein 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 one of the partners of Carlsbad Pacific Center One, Ltd., a California limited partnership, the limited partnership
that executed the within instrument, said partnership being known to me to be one of the partners of Pacific Center Asso- ciates, the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the within instrument, and acknowledged to me that
such corporation executed the same as such partner and that
such partnership also executed the same.
WITNESS my hand and official seal.
cwrClAL SEAL TFWCEY CII’THBERT Noby Publlc-Califomfa SAN DIEGO COUNTY
hcV Ccmm. EXIL Ott 23.19~2
\ Notary Pubuic in and for said County and- State
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EXHIBIT "A"
LEGAL DESCRIPTION
GENERAL UTILITY AND ACCESS EASEMENT
A PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 1310; THENCE NORTH 89"26'41' WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 2, 831.78 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 19"05'13" WEST, 49.34 FEET TO THE TRUE POINT OF BEGINNING.
THENCE NORTH 67"29'44" EAST, 6.45 FEET; THENCE SOUTH 89"26'41" EAST, 42.61 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 89"26'41" EAST, 161.29 FEET TO A POINT HEREAFTER REFERRED TO AS POINT 'B"; THENCE CONTINUING SOUTH 89"26'41' EAST, 114.88 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING SOUTH 89"26'41' EAST, 65.66 FEET TO A POINT HEREAFTER REFERRED TO AS POINT ID"; THENCE CONTINUING SOUTH 89"26'41" EAST, 39.46 FEET TO A POINT HEREAFTER REFERRED TO AS POINT 'E"; THENCE CONTINUING SOUTH 89"26'41" EAST, 120.21 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "F". THENCE CONTINUING SOUTH NORTH OO"'33'19' EAST, 10.00 FEET; FEET TO THE POINT OF TERMINATION.
ALSO; BEGINNING AT SAID POINT "A"; FEET.
ALSO: A STRIP OF LAND 20 FEET IN
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89"26'41' EAST, 126.35 FEET; THENCE THENCE NORTH 46"17'41" WEST, 97.44
THENCE SOUTH OO"33'19" WEST, 25.00
WIDTH LYING 10 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT "B"; THENCE NORTH o'O"33'19" EAST, 27.00 FEET.
ALSO; A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
ALSO* BEGINNING AT SAID POINT "C"* FEET: , THENCE NORTH OO"33'19" EAST, 27.00
ALSO; BEGINNING AT SAID POINT "D"; THENCE NORTH OO"33'19" EAST, 27.00 FEET.
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ALSO; BEGINNING AT SAID POINT "E"; THENCE SOUTH OO"33‘19" WEST, 49.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2, SAID POINT BEING LOCATED 418.54 FEET, NORTH 89"26'41" WEST FROM THE POINT OF BEGINNING.
ALSO; BEGINNING AT SAID POINT "F"; THENCE SOUTH OO"33'19" WEST, 26.50 FEET.
THE SIDELINES OF SAID STRIP TO BE LENGHTENED OR SHORTENED AT ANGLE POINTS AND TO TERMINATE AT SAID RIGHT-OF-WAY.
PR 3.5.4s
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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 April 3, 1989
from Pacific Center Associates
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. 89-135 , adopted
on May 9, 1989 I and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: May 10, 1989
By:
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD i 1200 Elm Avenue > Carlsbad, CA 92008
Space above this line for Recorder's use.
APN 210-100-08
210-100-09
PR 3.5.45/PD 246
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 ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 3rd day of April, 1989 by Center Associates 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";
WITNESSETH
THAT WHEREAS, Pacific Center Associates did execute a deed of trust, dated
December 21, 1987, to Safeco Title Insurance Company as trustee, covering a portion
of Lot "H" of Map No. 823, in the City of Carlsbad, to secure a note in the sum of
Five Million Five Hundred Thousand Dollars ($5,500,000.00) dated December 21, 1987
in favor of Pacific Center Associates, recorded December 31, 1987, as File No. 87-
715889 of Official Records of Said county; and
WHEREAS, Pacific Center Associates did execute, a deed of trust, dated
February 2, 1988, to Safeco Title Insurance Company, as trustee, covering a portion
of Lot "H" of Map No. 823, in the City of Carlsbad, to secure a note in the sum of
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Five Million dollars ($5,000,000.00) dated February 2, 1988, in favor of Pacific
Center Associates, recorded February 17, 1988, as File No. 88-071796'of Official
Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of
EASEMENT dated April 3, 1989 in favor of the City of Carlsbad as grantee herein
referred to as "Easement Grantee," creating an EASEMENT more particularly described
in EXHIBITS A and B attached hereto; and
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 deeds of trust above mentioned; 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 deeds of trust above mentioned and provided that
Beneficiary will specifically and unconditionally subordinate the lien or charge of
the deeds 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 wi71ing 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 deeds 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:
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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 deeds 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 deeds of trust above 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 subor-
dination including, but not limited, those provisions, 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 Ease-
ment Grantee.
2. He intentionally and unconditionally waives, relinquishes and subor-
dinates the lien or charge of the deeds 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 subordination of the grant
of EASEMENT is being executed and delivered, the EASEMENT is being created, and that
specific monetary and other obligations are being and will be entered into by the
Easement Grantee, other lenders and title insurance companies which would not be made
or entered into but for said reliance upon the waiver, relinquishment and subordi-
nation; and
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3. An endorsement has been placed upon the notes secured by the deeds of
trust above mentioned that said deeds of trust has by this instrument been subor-
dinated to the charge of the EASEMENT in favor of Easement Grantee above referred
to.
BENEFICIARY , OWNER
PACIFIC CENTER ASSOCIATES, a
California general partnership
By: CARLSBAD PACIFIC CENTER ONE, LTD., a
California limited partnership,
General Partner
By: Caliber Development, Inc., a
California corporation,
its sole general partner
By: ,? 't.3/-?/ J+f / &TV: f -
Brent R. Covev / Its:” Vice President
By:
I- ts : xxxxxxxxxxxx (I:,
Secretary f
Corporation Acknowledgment
a STATE OF CALIFORNIA
2 COUNTY OF San Di0Dn ss.
On this 31St
‘\
day of May
3 5
9 in the yesr1988, before me, the undersigned, a Notary public in
';; and for said County and State, personally appeared John D. M. Haves ----___--- srnr-i
CORPORATE ACKNOWLEDGMENT CAL-24
On this the 3rdday of April
Tracey Cuthbert
the undersigned Notary Public, personally appeared
James R. Bosler
H personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO
before me, in the year /?8(1, said State, personally appeared Brent R. Covey, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as Vice President on behalf of
Caliber Development, Inc., the corporation therein 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 one of
the partners of Carlsbad Pacific Center One,.Ltd., a California limited partnership, the- limited partnership that executed the within instrument, said partnership being known to me to be
one of the partners of Pacific Center Associates, the general
partnership that,executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that such partnerships also executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL TfWCEY CYJTHRERT No?zry PuWic-California SM ClEGU COUNTY
Catm. Exp. CM. 23.1992
Notary Public
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EXHIBIT 'A'
LEGAL DESCRIPTION
GENERAL UTILITY AND ACCESS EASEWENT
A PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 1310; THENCE NORTH 89“26'41" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 2, 831.78 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE ALONG SAID EASTERLY RIGMT-OF-WAY NORTH 19"05'13" WEST, 49.34 FEET TO THE TRUE POINT OF BEGINNING.
THENCE NORTH 67"29'44" EAST, 6.45 FEET; THENCE SOUTH 89"26'41" EAST, 42.61 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 89"26'41" EAST, 161.29 FEET TO A POINT EIEREAFTER REFERRED TO AS POINT 'B"; THENCE CONTINUING SOUTH 89'26'41' EAST, 114.88 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "C": THENCE CONTINUING SOUTH 89"26'41" EAST, 65.66 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 89"26'41' EAST, 39.46 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 89"26'4l" EAST, 120.21 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 89'26'41" EAST, 126.35 FEET; THENCE
NORTH 00'33'19" EAST, 10.00 FEET; THENCE NORTH 46'17'41" WEST, 97.44 FEET TO THE POINT OP TERMINATION.
ALSO; BEGINNING AT SAID POINT "A"; THENCE SOUTH 00'33'19" WEST, 25.00 FEET.
ALSO; A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT 'B"; THENCE NORTH 00"33'19' EAST, 27.00 FEET.
ALSO; A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE:
ALSO= BEGINNING AT SAID POINT 'C'* FEET: , THENCE NORTH 00'33'19" EAST, 27.00
ALSO; BEGINNING AT SAID POINT "D"; THENCE NORTH OO"33'19" EAST, 27.00 FEET.
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ALSO; BEGINNING AT SAID.POINT "E"; THENCE SOUTH OO"33'19" WEST, 49.00
FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2, SAID POINT BEING LOCATED 418.54 FEET, NORTH 89"26'41" WEST FROM THE POINT OF BEGINNING.
ALSO; BEGINNING AT SAID POINT "F"; THENCE SOUTH OO"33'19" WEST, 26.50 FEET.
THE SIDELINES OF SAID STRIP TO BE LENGHTENED OR SHORTENED AT ANGLE POINTS AND TO TERMINATE AT SAID RIGHT-OF-WAY.
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RESOLUTION NO. 89-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A GRANT DEED AND SUBORDINATION
AGREEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES PRIVATE
DEVELOPMENT 246
WHEREAS, PACIFIC CENTER ASSOCIATES has submitted a Grant Deed conveying an
easement to the City of Carlsbad for general utility and access purposes over a
portion of Lot H of Map No. 823; and
WHEREAS, PACIFIC CENTER ASSOCIATES has submitted a subordination agreement
causing said grant deed to be a charge upon the property prior and superior to
liens on the property; 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 Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Pacific Center Associates, dated April 3,
1989, conveying an easement for general utility and access purposes over a
portion of Lot H of Map No. 823 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 Pacific Center Associates,
dated April 3, 1989, causing said grant deed to be a charge upon the property
prior and superior to liens on the property, which is on file with the City Clerk
4. That the City Clerk is authorized to cause the original Deed and
Subordination Agreement to be recorded in the Office of the County Recorder of
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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 9th day of May , 1989 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
A-fmLh 4 QA ALETHA L. RAUTENKRANZ, City Clefi
(SEAL)