The URL can be used to link to this page

Home My WebLink About1989-06-27; City Council; 10097; Accept Grant Deed For Drainage. . CIT- OF CARLSBAD - AGEND”’ BILL I AB# # OFy TITLE: MTG. 6-77-89 ACCEPTANCE OF A GRANT DEED DEPT-- FOR DRAINAGE EASEMENT PURPOSES AVIARA CT 85-35 PHASE I UNIT E OFFSITE. PR 3.2.29 ow > 3 e 2 RECOMMENDED ACTION: Adopt Resolution No. f%AfH/ a ccepting a Grant Deed and Subordination Agreement for Drainage Easement purposes and authorize the City Clerk to record the original Deed and Agreement to the County Recorder's Office. I ITEM EXPLANATION: As a condition of approval for the project called AVIARA, City of Carlsbad Tract 85-35, the developer, Aviara Land Associates Limited Partnership, a Delaware Limited Partnership; is required to offer or cause the offer for dedication to the City every easement required by the Master Plan. The offer is required to be made prior to recordation of the final map and the land so offered must be granted free and clear of all liens and encumbrances and without cost to the City. An offsite drainage easement is required west of Unit E of said tract map in order to properly drain Batiquitos Drive (see Exhibit 1). This offsite property which falls within the second phase of Tentative Map 85-35 and owned by Aviara Land Associates Limited Partnership, has an existing Deed of Trust listing First Interstate Bank of California as Trustee and Beneficiary. In response to the condition of approval stated above, the developer, Aviara Land Associates Limited Partnership has granted the drainage easement (see Exhibit 2) and has caused First Interstate Bank of California to subordinate its lien of the deed of trust to the drainage easement granted to the City (see Exhibit 3). FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future easement acquisitions. EXHIBITS: 1. Location Map. 2. dated &We. 7. 4k9 Grant Deed from A;iara Land Associates Limited Partnership, 3. Subordination 'Aareemen't between Aviara Land Associates Limited Partnership and First Interstate Bank of California, dated &WE 7. 1584 4. Resolutiontio.f%;2c'(acdepting a Grant Deed and Subordination Agreement for Drainage Easement purposes and authorizing the City Clerk to record the original Deed and Agreement to the County Recorder's Office. I OCATION M”P NTS -11 ‘ROJECT NAME DWHM WSEMklT(isI~) p&&!ta#qo- Exf’B’T AVIARA PHASE l,CTW35 MT E C&J!&= .’ i RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r City Clerk 1 Name City of Carlsbad Street 1200 Elm Avenue Address Carlsbad, CA 92008 City & State L -I MAIL TAX STATEMENTS TO r 1 Name Street Address City 84 State L -I SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00586 Partnership Grant Deed TO 1925 CA (11-83) Drdi384sFb#aemEn& IoffSiteJ ISH D Y ICOR ITLE NSURERS PR 3.2.29 The undersigned grantor(s) declare(s): CT 85-35 Phase I Documentary transfer tax is -O- Unit E i ) computed on full value of property conveyed, or APN zj64(-03 ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x > City of r.;lrlzh;lrl , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership alimited partnership organized under the laws of the State of Be1 aware hereby GRANTStothe City of Carlsbad, a Yunicipal CorpoFation, an easement for drainage over, under, upon and across the following described real property in the Countyof San Diego City of Carlsbad , State of California. See Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. Aviara Land Associates L Partnership, a Delaware partnership .imited limited Dated: STATE OF CALIFORNIA COUNTY OF > ss. Otl before me, the undersigned, a Notary Public in and for said Aviara Land Company, a Delaware Corporation, general partner h State, personally appeared \ Republic Development Company, a California C 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 (This area for official notarial seal) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE . .: - 300,ll sv batdrn 5/18/89 EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT (OFFSITE) CT 85-35 PHASE I UNIT E AVIARA That portion of Section 34 of Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, as shown on Record of Survey no. 10774, recorded October 30, 1986 as file no. 86-494180, being more particularly described as follows: Commencing at the Northeast corner of said Section 34; thence South 77"49'02gf West,3697.50 feet to the TRUE POINT OF BEGINNING; thence South 39"43'40" West,68.83 feet; thence North 50"16'201t West,20.00 feet: thence North 39"43'40*' East,66.29 feet; thence South 57"31'2011 East,20.16 feet to the TRUE POINT OF BEGINNING. EXHIBIT “B” Scaw: I “= 10’ 7-N 85-35 I PHASEn / i..lJ :’ .‘“5 ..* . . *..- L.... ‘I :‘5 :A... , . ..-.? ! .“Lr I..;, i.r”; ‘C [::33 ::,...? /..-- C.““.. I.L.. (;..,, z:.-* . . . . . ...’ ;‘T.* \..:., 3 q” ‘! S...., i-w . . . . . . { . I’“> ‘*a. ,.- .*.... ‘*...; -...... y... ‘LA.. /*-*- f ..-... I “...., . . . . . . . . : :’ ‘....J TM 85-35 R-/&E I /Ro. c PROPOJfO OfF.S/Tf DRAiNAGE EASEMEtVT ARE/i= 2352.2 3X1 BOtiNRAR-y APN 216-l 1 l-03 PLAT TO ILLUSTRATE A& &&&& L-2-89 DRAINAGE EASEMENT DALES. mm’ f.,S 5834 PROJEGT NAME: PROJECT NO.’ EXHIBIT bAAlNACii PA@WrPNt t6FFSltP) CT 85-35 PHASE I UNIT E AVIARA PR 3.2.28 D ‘ P&D Rtchnologles 401 West “A” Street, !3uile 2&O San Dii CA 92101 6192324466 ~wM!!eJ??q~ .? :.’ .,‘. .-_ , 1 STATE OF CALIFORNIA :ss 1 , before me, the unders (personally known to seeptc-arp of Aviara Land Company, a Delaware Corporation, the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner 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 PRINCIPAL OFFICE IN SAN OIECO C0UNl-t *rRmlmlmlE&&m3.19” STATE OF CALIFORNIA COURY OF SAN DIEGO Principal Place of Business b the undersi the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner 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 Notary Public in and for said State My Commission expires Name L Lh%-0 GdN;ri/ Principal Place of Business - CERTIFICATIOM FOR ACCEPTANCE OF EASEMENT - 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 Carlsbarl, California pursuant to resolution No. 89-201 I adopted on June 27, 1989 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 28, 1989 By: ALETHA L. RAUTEtiKPANZ, City C RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: i CITY OF CARLSBAD 1200 Elm Avenue i Carlsbad, CA 92008 1 Space above this line for Recorder's use. PR 3.2.29 SUBORDINATION AGREEMENT CT 85-35 Phase I UNIT E APN Z&V-(11-03 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 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 that portion of Section 34, 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 /(?fl I , in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibits A & B 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, under- stood 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. -9 , . ,’ 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 bet- ween 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. It consents to and approved the grant of Easement in favor of the Easement Grantee. 2. It intentionally and unconditionally waives, relinquishes and subor- dinates 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 and other lenders and title insurance companies which would not be made or entered into but for said reliance upon the waiver, relinquishment and subordination; and 3. note secured by the deed of trust above mentioned FEt 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 OWNER FIRST INTERSTATE BANK OF CALIFORNIA AVIARA LAND ASSOCIATES LIMITED any, General Partner By: k-4 [vqc/~:ce~vw+, n P. McKenna, Assistant By: Marty All&, vice President NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND %lE 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. Approved as to form: (Notarial acknowledgement"of execution by DEVELOPER and SURETY must be attached.) r. - ,.. STATE OF CALIFORNIA :ss COUNTY OF SAN DIEGO ) to be the a Delaware corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner 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 My Commission expires KATHLEEN A. ARNOLD NOTARY PUBLIC4ALI~ORNY PRINCIPAL OFFICE IN SAN DIEGO COUNTY YI Cmmnvo 39d 3.1933 / / Name Em &??Nd/.d I Principal Place of Business STATE OF CALIFORNIA 1 ) :ss COUNTY OF SAN DIEGO 1 6 C);@ ,?/Fn, before me, the underssep nd for said state, personally appeared . . 1.. m-l t-n rnp nn m ,f sz&&a+&ory presi.dent, and known to me) to be the a California Corporation the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner 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 partnership executed the same. Witness my hand Notary Public in and for said State My Commission expires /zr9 /- I Principal Place of Business 13 CAT. NO. NN00737 TO 1945 CA (7-82) (Corporation) STATE OF CALIFORNIA COUNTY OF OmGR ss. On June 7, 1.989 before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin P. McKenna personally known to me or proved to me on the basis V of satisfactory evidence to be the person who executed the within instrument as the mt YJLE President, and hb~M7 Al 1 in -L personally known to me or MONA L. RUSSELL proved to me on the basis of satisfactory evidence to be NOTARI’ PIJBLIC-CALIFORNIA the person who executed the within instrument as the PRINCIPAL OFFICE IN e f$$r,&$j of the Corporation ORANGE COUNTY to me that such corporation (This area for official notarial se& EXEIBIT "A" LEGAL DESCRIPTION -- 300,ll sv batdrn 5/18/89 DRAINAGE EASEMENT (OFFSITE) CT 85-35 PHASE I UNIT E AVIARA That portion of Section 34 of Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, as shown on Record of Survey no. 10774, recorded October 30, 1986 as file no. 86-494180, being more particularly described as follows: Commencing at the Northeast corner of said Section 34; thence South 77°49'0211 West,3697.50 feet to the TRUE POINT OF BEGINNING; thence South 39"43'401' West,68.83 feet: thence North 50"16'20't West,20.00 feet: thence North 39"43'40" East,66.29 feet; thence South 57"31'20t' East,20.16 feet to the TRUE POINT OF BEGINNING. - L . I I . EXHIBIT “B” - ‘b N II SCALE: f “= qo’ -. i:...; . . . ..-- ‘..I . :lg (.i”) .*-*. , \ y\ x-i : : ‘....J i..f.i : ! . ..“._ .-‘*er i.f”\ i. .!..! .’ ,*- *....* ) f-4- *..Q -L-f- Q.-j i I-..... ?*:s i.... ‘1 _ ‘i . . I- p: I P.. :..I :-....z T-M 85-35 . . . /.,-- .--.y; i”;l; p.ASE -iT ! Z.““*. ‘-..A I.1.. ;;..,, c.l q” z::.; ,!-+. . I-- SM.., I . . . . . . . . . . . . f - \ ;-+) *;>.- fy -....I -..&., : L. I . . . ...* \ av f ; -...., f...” 1 . . . . . .., : :’ 7-M RT- 37 l-L ‘..../ iJiiA.if i- PROPOJEO OfFS/TLF DRAINAGE EASEMENT l /iiALE A. DAVIS\: I i AREA= 1351.2 3.F: APN 216-l 1 l-03 PLAT TO ILLUSTRATE 424 a& d-Z-89 DRAINAGE EASEMENT DALE-A. L&/S LL? 5834 PROJEOT NAME: bRAtt+JACli lZA@rMNW (bFFB)fg) CT 85-35 PHASE I UNIT E AVIARA PROJECT NO, EXHl8lf PR 3.2.29 8 P&D Tbchnologlct 401 West -A” Street Suite &IO San Dieg~ CA 92101 619232.4466 @MYvFl~~ 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-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAO, CALIFORNIA, ACCEPTING A GRANT DEED AND SUBORDINATION AGREEMENT FOR DRAINAGE EASEMENT PURPOSES - AVIARA CT 85-35 PHASE I UNIT E OFFSITE, PR 3.2.29. WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant Deed conveying an easement to the City of Carlsbad for Drainage purposes over a portion of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California; ant to ir WHEREAS, the City Council of the City of Carlsbad has determined it the public interest to accept said Deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car California, as follows: 1. That the above recitations are true and correct. lsbad, 2. That the Grant Deed from Aviara Land Associates Limited PartnershiT dated JI+JIUF 7 , 1989, conveying an easement for Drainage Easement purpose: over a portion of Section 34, Township 12 South, Range 4 West, San Bernardinc Meridian to the City of Carlsbad which is on file with the City Clerk ant incorporated herein by reference, is accepted. 3. That the Subordination Agreement between Aviara Land Associate: Limited Partnership and First Interstate Bank of California datedJuNC7;I%& 1989, approving an easement for Drainage purposes over a portion of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian; and subordinating the lien of the deed of trust to the easement is on 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, ta wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTEN (SEAL)