The URL can be used to link to this page

Home My WebLink About1989-06-27; City Council; 10098; Accept Grant Deed For General Utility & Access. . . CP’ OF CARLSBAD - AGENC’” BILL IAB# /8, @qf 1 TlTL El: MTG. &-wi ACCEPTANCE OF A GRANT DEED FOR GENERAL UTILITY AND ACCESS EASEMENT PURPOSES DEPT.FNT: AVIARA CT 85-35 PHASE I UNIT E OFFSITE, PR 3.4.73 RECOMMENDED ACTION: Adopt Resolution No. g?/afla accepting a Grant Deed and Subordination Agreement for General Utility and access easement purposes and authorizing the City Clerk to record the original Deed and Agreement to the County Recorders office. I ITEM EXPLANATION: As a condition of approval of 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 General Utility and Access Easement is required west of Unit E in order to provide a traffic turnaround at the westerly terminus of Batiquitos Drive (see Exhibit 1). This offsite property 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 general utility and access easement (see Exhibit 2) and has caused First Interstate Bank of California to subordinate its lien of the Deed of Trust to the general utility and access easement granted to the City (see Exhibit 3). I FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future easement acquisitions. EXHIBITS: :: Location Map. Grant Deed frompiara Land Associates LImited Partnership, dated MP‘! =-; 'q s . 3. Subordination Agreement between Aviara Land Associates Limited Partnership and First Interstate Bank of California, dated l4iPWyg. 4. Resolution No. pit&2 accepting a Grant Deed and Subordination Agreement for General Utility and Access purposes. ! OCATION M.-.P i NTS PROJECT NAME &iWh$~L U7ILI GLdi%~*s AVIARA PHASE 1 ,c-r$3+35 (4~17 1=: . > ..I RECORDING REQUESTED BY ’ . . * AND WHEN RECORDED MAIL TO r City Clerk 1 Name City of Carlsbad 1200 Elm Avenue Street Address Carlsbad, CA 92008 City & State L J MAIL TAX STATEMENTS TO r 1 Name Street Address City & State L J SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00586 TO 1925 CA (1 l-83) Partnership Grant Deed BatiquitoS,l~~~~~F~~~~~aDt~~TI~&a~~~~ ,~~~~d~y and Access Easement DD ‘z A 73 I I\ J.-r.,J The undersigned grantor(s) declare(s): CT 85-35E Documentary transfer tax is -O- APN No. 2" nnn 13-~~-16 2 - 1 E;-flKl- 1n /31 E-nEn 1 I ) computed on full value of property conveyed, or L.J “-Jr-r”, LIJ-VJV-L- ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates a limited partnership organized under the laws of the State of hereby GRANTS to the City of Carlsbad, a Municipal Corporation, an easement‘for general utility and access over, under, upon and across the following described real property in the City of Carlsbad Countyof San Diego , State of California. See Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity-only. Aviara Land Associates Limited Partnership, a Delaware limited partnership SEE ATTACHED Dated: 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 BY: Land Company, a Delaware tion, general partner BY: Repblic Development Company, a California Corporation, general partner n Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE . 300,ll sv bat 5/10/89 EXHIBIT "A" LEGAL DESCRIPTION BATIQUITOB DRIVE (OFFSITE) GENERAL UTILITY AND ACCESS EASEMENT 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"42'51" West,3690.79 feet to the TRUE POINT OF BEGINNING; thence North 57"31'201' West,88.75 feet: thence North 32"28'40" East,68.00 feet: thence South 57"31'20" East,66.68 feet; thence South 14"29'30t1 West,71.49 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel of land contains 5284.62 square feet of land more or less. - . . .- . EXHli3lT =B“ I k-l ’ Kl SCALEI I”-40 I PROPOSED OfX3/TE I BA 7-lOU/TOS DRIVE GENERAL Uir/LlTY \ I :.’ ‘\ .J ACCf.s.3 EASEMENT I L. TM 853.5 PHASE I 1 .-. ..*. f i .’ . . . ,.. :... l., J. ; . ., ,.“‘.; .I’( f’” (‘.... :. , .’ . l t \ : s...: ( . \...’ “.* )... I ‘...I L..“\ . ...’ -*-**. i . 1 y’ (-;> f-1.’ (1” jji I:< i <y, r.;!, j4 y> .-.. ..“. \... . . . . ,. . . . . -. : :. .t ) !‘t* .,.-- “‘I”’ 1 1 1. /..A, (- f :;j. c.; ..- X?, ;_, *..: .m. ..,’ .” ; I!‘. fj “i’- :* .* ** ’ ’ : ‘.j \ L..' 1 i" ,..... J . . . . . . : .‘.‘.‘. .’ \... (*J i .j[~;k.$ RO c, I / I PLAT TO ILLUSTRATE GENERAL UTILITY & ACCESS EASEMENT DALE A. LMY/S L.S 5894 PROJECT NAME: IATIQUITOS DRIVE (OFFSITE) GENERAL UTILITY & ACCESS iASEMENT CT 85-35 PHASE I UNIT E AVIARA APN 216-l 1 I-01 218-111-03 PROJECT NO. EXNIWT PR 3.4.73 fs 401Wesi~A”Street.!3uile2!300 San Oiegq CA 921of 6WZ32-4466 h---wrQrp* 5//0/a 9 JOB NO. 4b0 - 10 6 .- STATE OF CALIFORNIA ) _. / ) ss. COUNTY OK-,&: :?&; <' ) /’ L’/,(?,f ,’ , x -7 y7 /,;,-‘ 1,:; 2 -,’ before me, Public in'and for'said State, the undersigned, a ,/ .' , , personally appeared personally known to me or proved to me on the basis.'of'satisfa&ory evidence to be the person who to be the person who executed Secretary of Aviara Land Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. / ;;, *, ,+L ,<) : ‘. /i NCTtiY P;;L/IC (Seal) 2058201L.DW4 5/12/89 -3- ._. . -.. “t ,%'I /y>%g before me, the undersigned, a for/said State, personally appeared personally known to me or proved to me to be the person who as the __ ',,.:,1, President, and personally known'to me or proved to me on ,/the basis of satisfdctory evidence to be the person who executed the within instrument as the'-. ;:, c Secretary of Republic Development Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. / ., (Seal) Z058201L.DW4 5/12/89 -4- . , CERTIFICATION FOR ACCEPTANCE OF EA>EMENT This is to certify that the interest in real property -conveyed by the easement dated May 22, 1989 I 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. 89-202 , adopted on June 27, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 28, 1989 ALETHA L. RAGTE'NKPJ\NZ, City lerk RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD i 1200 Elm Avenue Carlsbad, CA 92008 i Space above this line for Recorder's use. PR 3.4.73 SUBORDINATION AGREEMENT CT 85-35E APN 215-040-16 215-051-10 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR 215-050-14 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 22nd day of May 192 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 Portions of Section 27 and 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 MA'! '&& 1484 , 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: the grant of Easement in favor of and approved 1. He consents to the Easement Grantee. 2. He intentional subordinates the lien or charge ly and uncond itionally waives, relinquishes and 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 subordination; and 3. note secured by the deed of trust above mentioned/%& 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: 1); i. A‘- jJ pf\: t: t.Li.?-'\ Kevin P. NcKeMa, Assistant Vice President bark D. Whalen,.Vicc President OWNER AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP Aviara Land C$tii@any, General Partner pment Company, General NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND Ti$ 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. VINCENT F. BIONDO, JR., Ci ttorney (Notarial acknowledgement "of execution by DEVELOPER and SURETY must be attached.) ., ‘. ..- - -_ STATE OF CALIFORNIA ) -Y-- ) ss. COUNTY OF,. ',/,'( i7 ,& L ) On i.i /, ,,-ky, /$;s.?' before me the undersigned, a Public in,and for said State, personally appeared ((,-,, F,,' ,'?A .,i" personally known to me or proved on the basis of satisfaktory evidence to be,the person who to me instrument 8' e!xecuted,,t __ /*I// ;' ,/( e within , !(I ;r 7-7 '( Ck, , . , , , ( / as the ". ,;/,,;.'(' President, and I/ personally known to me or proved to me on the basis of satis,f&ctory evidence $0 be the person who executed d the within instrument as the'/,/',/'j, .'. Secretary of Aviara Land Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. (Seal) 2058201L.DW4 5/12/89 -3- STATE OF CALIFORNIA the undersigned, a appeared or proved to me to be the person who t’.’ r, .,A, e ecuted t e within instrument as the “-,,"/.i;( ( /p: $q.*< ,i y;., l'/ President, and .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*- .',I, ,<;, Secretary of Republic Development Company, the corporation that executed the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. I / ,/ ‘1, f ,:; / / .: A ?‘I’ ?- ‘,j’: ; , ; ( (/ 'NOTARY PUBLIC ' (Seal) OFFICIAL SEAL KATHLEEN A, ARNOLD NOTARY PUBLIccALIfORWU PRINCIPAL II I 2058201L.DW4 5/12/89 -4- .- 0 . . - I - -. CAT. NO. NN00737 TO 1945 CA (7-82) (Corporation) TITLE INSURANCE AND TRUST *- COMPANI STATE OF CALIFORNIA COUNTY OF -GE ss. On June 6, 1989 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 of satisfactory evidence to be the person who executed President, and m n- mr7lm personally known to me or MONA L. RUSSELL WARY f'UBtlCCALlFORNlA PGINCIPAL OFFICE IN ORANGL COIINTY 300,ll sv bat 5/10/89 EXHIBIT "A" LEGAL DESCRIPTION BATIQUITOS DRIVE (OFFSITE) GENERAL UTILITY AND ACCESS EASEMENT 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 77'42'51" West,3690.79 feet to the TRUE POINT OF BEGINNING; thence North 57"31'20" West,88.75 feet; thence North 32"28'40" East,68.00 feet; thence South 57"31'20" East,66.68 feet; thence South 14"29'30t1 West,71.49 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel of land contains 5284.62 square feet of land more or less. .; . 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. 89-2Q2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND SUBORDINATION AGREEMENT FOR GENERAL UTILITY AND ACCESS EASEMENT PURPOSES - AVIARA CT 85-35 PHASE I UNIT E, PR 3.4.73 WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant Deed conveying an easement to the City of Carlsbad for General Utility & Access purposes over a portion of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian; and WHEREAS, the City Council of the City of Carlsbad has determined it to 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 Aviara Land Associates Limited Partnership dated MA? 2% , 1989, conveying an easement for General Utility and Access purposes over a portion of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian to the City of Carlsbad which is on file with the City Clerk and incorporated herein by reference, is accepted. 3. That the Subordination Agreement between Aviara Land Associates Limited Partnership and First Interstate Bank of California dated MA? 2';(/'8$ 1989, approving an easement for General Utility and Access 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 __ 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 19 89 by the following vote, , - to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAU (SEAL)