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HomeMy WebLinkAbout1989-06-27; City Council; 10096; Accept Grant Deed For Offsite WaterlineCIT- OF CARLSBAD - AGENDA BILL ACCEPTANCE OF A GRANT DEED FOR OFFSITE WATERLINE EASEMENT PURPOSES AVIARA (CT 85-351 PR 3.5.65 I RECOMMENDED ACTION: Adopt Resolution No. 8% d( QP accepting a Grant Deed for Waterline Easement purposes. ITEM EXPLANATION: The Aviara project, Carlsbad Tract 85-35, has conditions which require offsite improvements. One of the offsite improvements required is two parallel eighteen inch waterlines which extend northerly through and out of the project to the existing water tanks north of the property. An easement is being dedicated to the City by the owner, Aviara Land Associates Limited Partnership, for a portion of the waterline. The portion being dedicated lies on property owned by Aviara but is located outside of the current Phase I development area. The owner has an existing Deed of Trust on the property. Both the trustee, First Interstate Bank of California, and the owner, have agreed to subordinate the lien of the Deed of Trust to the easement. A Subordination Agreement, signed by the owner and the trustee is also made part of this package for approval and acceptance by the City. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in future easement acquisitions. EXHIBITS: 1. Location Map. 2. Grant Deed from Aviara Land Associates Limited Partnership, dated June 7, 1989 . 3. Subordination Agreement from First Interstate Bank of California, dated June 7, 1989 . 4. Resolution No. 8f7,&@ accepting a Grant Deed for Drainage Easement purposes. LOCATION M,tP PROJECT SITE NOT TO SCALE PROJECT NAME PROJ. NO. EXHIBIT WATER LINE EASE. / AVIARA 3.5.65 C ,- - e-e- --m---s _ c A c l-I-:.--l CL--- i r.- ^ :A-- - rrn .ln, r\ r r-l I”- F RECORDING REQUESTED BY-- ‘. AND WHEN RECORDED MAIL TO r Name Street Address City & State L r City Clerk 1 City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 J MAIL TAX STATEMENTS TO 1 Name Street Address City & State L J SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00586 TO 1925 CA (11-83) Partnership Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS APN 215-040-16 PR 3.5.65 The undersigned grantor(s) declare(s): Documentary transfer tax is 0 (Easement) i ) 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-ad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership a Limited partnership organized under the laws of the State of Delaware hereby GRANTS to the City of Carlsbad, a Municipal Corporation, an easement for waterline purposes and appurtenances over, under and across the following described real property in the County of City of Car-&ad San Diego , State of California. See Exhibit "A" consisting of one page, for legal description incorporated heiein and attached hereto. See Exhibit "B", consisting of one page, and attached hereto for reference only. Aviara Land Associates Limited Partnership A Delaware Limited Partnership Dated: June 7, 1989 STATE OF CALIFORNIA COUNTY OF > ss. On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who exe- - cuted the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature See Attached BY: Aviara Land Company, A Delaware Corporation, a General Partner A lemens, vice Preslde4Gtner , ~VJce Presimlt By: Republic Development Company, rnia Corporation, A Partner Vice President By: , Vice Preside: (This area for official notarial seal) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE t EXHIBIT "A" PR 3.5.65 CM 86-503 LEGAL DESCRIPTION 5/29/1989 FOR 159-12.2 EASEMENT PURPOSES 215-040-16 TO THE CARLSBAD MUNICIPAL WATER DISTRICT PARCEL 1 A PORTION OF THE NORTHEAST ONE-QUARTER AND A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH , RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : A STRIP OF LAND 68.00 FEET IN WIDTH, LYING 34.00 FEET EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 27; THENCE SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 27, SOUTH 00 02'25" EAST, 1334.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND SOUTH 00 02'25' EAST, 189.30 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 15'25', A DISTANCE OF 264.04 FEET; THENCE SOUTH 30 13'00' WEST, 60.12 FEET TO THE CENTERLINE OF ALGA ROAD AND THE POINT OF TERMINATION. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED AND OR SHORTENED SO AS TO TERMINATE NORTHERLY ON A LINE THAT BEARS SOUTH 87 32'14" EAST FROM THE TRUE POINT OF BEGINNING AND NORTH 87 30'08" WEST FROM THE TRUE POINT OF BEGINNING.ALSO SAID SIDELINE TO TERMINATE AT THE SOUTHERLY END AND ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD BEING A LINE LYING 51.00 FEET NORTHERLY AND PARALLEL TO A LINE THAT BEARS NORTH 59 47'00' WEST THROUGH THE POINT OF TERMINUS. INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED WESTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY TANGENT TO NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD SAID SIDELINE AND SAID INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED EASTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY TANGENT TO SAID SIDELINE AND SAID NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD. A 0slJ-i TERRY T. DATED MAY 29, 1989 . .I L . - - ._ -Am r.u.u. 0 NORTH ONE-QUARTER NORTH-SOUTH I L CjR &j CORNER, SECTION 27 ONE-QUARTER UNE. \, $ RflC 11)774 R.O.S. 10774 ,\.V‘Y. IV,, I T.P.O.B.7 1 g z PC-l (N8730’08’~) ---- Ai - - -, . . -_ P S’ I 215-040-l 6 R.O.S. 10774 .’ R.O.S. 10774 GRAPHIC SCALE I - I/ A= 307 5’25” = 500.00’ = 264.04’ ’ ( IN FEET ) 1 INCH= 100 FT JFORMATION TAKEN FROM R.O.S. 10774. BASIS OF BEARINGS : THE NORTHERLY PORTION OF iHE NORTH-SOUTH ONE-QUAR OF SECTION 27 AS SHOWN ON 10774 I.E. N00.02’25’W y;;jd,:“:-;- P.T. Y;O+60.13 TER LINE R.O.S. vu-h . ’ I/ / &wy~. 4)YyQJJ-y 4 TERRY T. GOLDING DATE SOUTH ONE- ;t$\Ry,R LICENSED LAND SURVEYOR No. 6007 SE’-. ..-. . -, EXHiBIi ” B” C.M.W.D. 86-503 EASEMENT PLAT CARLSBAD MUNICIPAL WATER DISTRICT APPROVED BY : ROBERT J. CREANEY ( DISTRICT ENGINEER ) RCE 40315 EXP. DATE DATE . PARCEL No. PR 3.5.65 215-040-l 6 LUKE-DUDEK 605 Third Street, Encinitas, CA 92024 FILE 159-12-l.DWG . STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego ) On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens personally known to me or proved to me on the basis of satisfa&ory evidence to be the person who executed the within instrument as the Vice President , and John R. Hartung I personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President o'f Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and offioial seal. A (Seal) - KATHLEEN A. ARNOlO STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego ) On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens personally known to me or proved to me on the basis of satisfaciory evidence to be the person who executed the within instrument as the Vice President , and John R. Hartung , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. (Seal) WITNESS my hand and o ' NOTARY PUBLIC NCIPM OFFICE II CERTIFICATION FOR ACCEPTANCE OF EA>EMENT This is to certify that the interest in real property .conveyed by the easement dated June 7, 1989 from Aviara Land Associates Limited Partnership 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. 89-200 , adopted on June 27, 1989 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 28, 1989 By: . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD i 1200 Elm Avenue 1 Carlsbad, CA 92008 1 1 Space above this line for Recorder's use. SUBORDINATION AGREEMENT PR 3.5.65 CT 85-35 APN 215-040-16 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 INSTRUMENTATTACHESANDHAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 7th day of June 1989 by Aviara Land Associates, Limited Partnership, a Delaware limited partnership hereinafter referred to as "Owner," owner of the land and First Interstate Bank of California, a California Corporation, hereinafter referred to as "Beneficiary" ; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership a Delaware Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California, a California Corporation as trustee, covering a portion of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, to secure a note in the sum of One Hundred Twenty Five Million Dollars ($125,000,000) dated December 20, 1988, in favor of First Interstate Bank of California recorded in the office of the County Recorder of San Diego County on December 23, 1988, as File No. 88-661636 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated June 7, 1989 , 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 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 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 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 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 subordinati 3. note secured by the deed of trust above mentioned/i%% said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to . BENEFICIARY First Interstate Bank of California By: ii7 ‘ \c*. ? WC \‘c l.bI/‘f< Kevin P. McKenna, Assistant Vice President By: &b Marty Aller, Vice President OWNER AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP Aviara Land Company, General Partner / RepubliJDevelopment Company, General Partner NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Notarial acknowledgement of eiecution attached.) by DEVELOPER and SURETY must be STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego ) On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens , personally known to me r\re e to be the person who executed the within instrument as the Vice President , and John R. Hartung I personally known to me or prod to me eic o f . . ce to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. _ (Seal) NOTARY PUBLIC STATE OF CALIFORNIA ) COUNTY ) ss. OF San Diego ) Notary D.L. On June 7, 1989 before me, the undersigned, a Public in and for said State, personally appeared Clemens I personally known to me ee ba&s sF B LJfderrce to be the person who executed the within instrument as the Vice President , and John R. Hartung , . personally known to me wmv;e & to be the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and (Seal) KATHLEEN A. ARNOLD NOTARY PUBLlGC6LIFORNlA PRINCIPAL OFFICE II CAT. NO. NN00737 TO 1945 CA (7-82) (Corvoration) . . STATE OF CALIFORNIA COUNTY OF ORANGE > s!3. On ,Jw- 7- 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared Wvin P- b&&nna personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Ass< d-ant Vi PP President, and h@rcv Al lpn personally known to me or moved to me on the basis of satisfactory evidence to be 1 the person who executed the within instrument as the Pm S&‘r&5# of the Corporation that executed the within instrument and acknowledged p B OFFlClAl SLAL MONA L. RUSSELL NOl4Ri IWI I!: CALIfORNIA PI;INCIPAI olru IN ORANGE CC)IINIY I MY C~mm~rstnn Crows Swt 18 1992 I, (This area for official notarial SC& _. , . . . EXHIBIT "A" PR 3.5.65 CM 86-503 LEGAL DESCRIPTION S/29/1989 FOR 159-12.2 EASEMENT PURPOSES 215-040-16 TO THE CARLSBAD MUNICIPAL WATER DISTRICT PARCEL 1 A PORTION OF THE NORTHEAST ONE-QUARTER AND A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH , RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE FARTIcuLARLY DESCRIBED AS FOLLOWS : A STRIP OF LAND 68.00 FEET IN WIDTH, LYING 34.00 FEET EAClI SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 27; TIiENCE SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 27, SOUTH 00 02'25" EAST, 1334.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND SOUTH 00 02'25' EAST, 189.30 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG TIIE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 15'25', A DISTANCE OF 264.04 FEET; THENCE SOUTH 30 13'00' WEST, 60.12 FEET TO THE CENTERLINE OF ALGA ROAD AND THE POINT OF TERMINATION. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED AND OR SHORTENED SO AS TO TERMINATE NORTHERLY ON A LINE THAT BEARS SOUTH 87 32'14' EAST FROM THE TRUE POINT OF BEGINNING AND NORTH 87 30'08" WEST FROM THE TRUE POINT OF BEGINNING.ALSO SAID SIDELINE TO TERMINATE AT THE SOUTHERLY END AND ON TIIE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD BEING A LINE LYING 51.00 FEET NORTHERLY AND PARALLEL TO A LINE THAT BEARS NORTII 59 47'00" WEST THROUGH THE POINT OF TERMINUS. INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED WESTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY TANGENT TO NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD SAID SIDELINE AND SAID INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED EASTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY TANGENT TO SAID SIDELINE AND SAID NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD. A .J TERRY T:'GOLDING DATED MAY 29, 1989 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. 89-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND SUBORDINATION AGREEMENT FOR WATERLINE PURPOSES OFFSITE OF CARLSBAD TRACT 85-35. WHEREAS, Aviara Land Associates Limited Partnership has submitted a Gran Deed conveying an easement to the City of Carlsbad for Waterline Easement purposes over a portion of Section 27, Township 12 South, Range 4 West, Sa Bernardino Meridian; and WHEREAS, the City Council of the City of Carlsbad has determined it to i 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 Aviara Land Associates Limited Partnershi dated June 7, 1989, conveying an easement for waterline purposes over portion of Section 27, Township 12 South, Range 4 West, San Bernardino Meridia to the City of Carlsbad which is on file with the City Clerk and incorporate herein by reference, is accepted. 3. That the Subordination Agreement from First Interstate Bank of California dated June 7 7 1989 approving an easement for waterline purposes over a portion of Section 27, Township 12, Range 4 West, San Bernardin Meridian, and subordinating the lien of the deed of trust to the easement is o file with the City Clerk and incorporated herein by reference, is accepted. /// I// /// /// //I 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 4. That City Clerk is authorized to cause the original Deed and Subordination Agreement to be recorded in the Office of the County Recorder of San Diego, 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 27th day of June , 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENK (SEAL)