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Home My WebLink About1989-06-27; City Council; 10099; Accept Grant Deed For DrainageCP’ OF CARLSBAD - AGENK’” BILL ACCEPTANCE OF A GRANT DEED FOR DRAINAGE EASEMENT PURPOSES I RECOMMENDED ACTION: Adopt Resolution No. f$Jfly accepting 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 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 east of Unit C north of Alga Road in order to properly drain the school site (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 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. I EXHIBITS: :: Location Map. Grant De: fr;m Aviara Land Associates Limited Partnership, dated q% !qq 3. Subordination Agreement between Aviara Land Associates Limited 4. Partnership and First Interstate Bank of California, dated MP'! 2" !9@ Resolution No.~?+?@ accepting 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 Recorders office. I- - . L 3CATION MFP U NTS - -/\ ‘l if/ u#&r,x-b * --.- ---“k -; -.-. KM - \ .fT> 1 c 2( 7 \” -. +*=- -, VI .._ ‘\ \ ) * .’ \ /‘l \ I\ -3 4 ! SI’ PROJECT NAME *hltJ&= h+=~~r(4dpFSI f-=“pp$$~$. EXHIBIT AVIARA PHASE 1,CrWqut11~c CT- k-35 1 uhu T c AND WHEN RECORDED MAIL TO r City of Carlsbad -I Name 1200 Elm Avenue street Carlsbad, CA 92008 Address City & State L J MAIL TAX STATEMENTS TO r 1 Name Street Address City & State L J I -* . RECORDING REQUESTED BY- SPACE ABOVE THIS LINE FOR RECORDER’S USE APN Nos. 215-040-16 The undersigned grantor(s) declare(s): 215-051-10 Documentary transfer tax is -O- 215-050-14 : ) 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: ( ) City of car.&bdfj , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnersip limited hereby GRANTS to partnership organized under the laws of the State of De1 aware drainage over, the City of Carlsbad, a Municipal Corporation, an easement for under, upon and across the following described real property in the City of Carl sbad County of 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 Partnerhsip, a Delaware limited partnership BY: Aviara.Land Company, a Delaware Corporation, general partner CAT. NO. NN00586 TO 1925 CA (11-83) Partnership Grant Deed PR 3.2.27 School Site Drainage Easement THIS FORM FURNISHED BY T COR TITLE INSURERS 7 CT 85-35C E SEE ATTACHED Dated: .^ 4/26/. 39 ** JB460-104-10 100,4 ** SV SCHOOL EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT SCHOOL SITE CT 85-35 PHASE I UNIT C AVIARA BEING A PORTION OF SECTION 26, 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: BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 26 AND THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN DEED TO THE ALGA ROAD SCHOOL DISTRICT RECORDED ,1989 AS FILE NO. OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 71"40'53"WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND AS DESCRIBED IN SAID DEED AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37"36'53" A DISTANCE OF 210.08 FEET; THENCE SOUTH 55'56'00" EAST, 416.30 FEET: TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09"46'00" A DISTANCE OF 73.30 FEET: THENCE SOUTH 46"lO'OO" EAST, 95.57 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING THE BEGINNING OF A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 77"38'53" WEST l THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ALGA RbAD SCHOOL DISTRICT, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"12'54" A DISTANCE OF 22.33 FEET: THENCE NORTH 26"34'01" EAST , 107.90 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO SHORTENED OR EXTENDED SO AS TO TERMINATE IN THE SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND. I Z 0 i= 2: In z” -I I- cl 3 J /P.O.C. EXHIBIT “B“ I\ q II N II . SCALE I”= 100’ ?-. 12 s. A. 4 w. sm (SCHOOL SITE) FL OF 5% 10-7-74 v -y?+. \ . +0 O”ct p \ 5f/ \ A- “30. SOUTHWESTERLY LINE I OF SCHOOL SITE \ A- 9°e4b’00” - ) PLAT TO ILLUSTRATE DRAINAGE EASEMENT EASEMENT N24”34’0l”E 107.90’ STATE OF CALIFORNIA ) On , '?/::'l L 22 (/>I?'y'before me, the undersigned, a ary,.Public in'and for s'aid State, personally appeared ,-+ , ty,y;(& ; personally known to me or proved on'the basis of satisfa&ory evidence to be, the person who to me ,~ execute,d,:the, within instrument as the Y /,:;?. ,! ,y;: ,.'i,'f President, and t t / . ..--'_t f /I /\ I I/'., personally known to me or proved to me on /'the basis of satisfactory evid,ence to be the person who executed the within instrument as the',, (', ,y ii -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) Z058201L.DW4 5/12/89 -3- . . . --’ STATE OF CALIFORNIA ) -. ) ss. COUNTY O& : /+,$) On il;l:r/,,,?'$?, ,/'/',r% './ before me, the undersigned, a for said State, personally appeared personally known to me or proved to me evidence t-o ,be,the person who / executed the within instrument as the \ ,L[, / ,';/( President, and .-. .( ,' \$$A; ,!,7/, ; , C',/ personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed ""the within instrument as then I', jj { 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. ;/ ‘, , , /pi; NOTARY PUBLIC (Seal) Z058201L.DW4 5/12/89 -4- CERTIFICATlON FOR ACCEPTANCE OF EASEMEI'IT This is to certify that the interest in real property 'conveyed by.the easement dated May 22, 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. 89-203 , 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. 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 3.2.27 SUBORDINATION AGREEMENT CT 85-35C 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 MaV 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 portions of Section 26 and 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 MAY %S, lqfq , 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 subordination; and 3. note secured bv the deed of trust above mentioned 4%: 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: k-T&.,~c v (%I< Y’C u>L--c\ Kevin P. McKenna, Assistant I . ; Vice eesident Mark D. Whalen, Vice President OWNER AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP Aviara Land /29mpany, General Partner NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND T ‘plf 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 # execution by DEVELOPER and SURETY must be attached.) *. . CAT. NO. NN00737 TO 1945 CA (7-82) (Corporation) TITLE INSURANCE AND TRUST AIICOR COMPANY STATE OF CALIFORNIA COUNTY OF ORANGE > ss. Oil 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 the within instrument as the Mt,=tnt Vi rp President, and r%t& D. -1p.n 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 S&r&{@ of the Corporation that executed the within instrument and acknowledged to me that such corporation executed., within instru- ment pursuant to its by-laws lution of its board of directors. * MONA L. RUSSELL NOTARY PtJBlIC~CALIFORNIA PFWIPAL OffICE IN ORANGE COUNTY WITNi$!JS Signature (This area for official notarial seaI) ,_ I ’ . . STATE OF CALIFORNIA ) COUNTY OF&',/ ) ss. ) I o*’ / .-. [ dqt , /: ’ .(f / p;,/“/ before me, the undersigned, a ublic in and for'said State, personally appeared personally known to me or proved satisfahtory evidence to be-.the person who to me President, and I ,I_ executed ,th~? ,within instrument as the '~ /.';..I,< -- ..;/ %, ( A'., ./f$ ; ;$, ,, ;4;- personally known to me or proved to me on ,the basis of satisfactory ev.idence to be the person who executed 'the within instrument as the/ ,; / i, Secretary-of Aviara Land Company, the corporation that executed.the within instrument as General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. (Seal) 2058201L.DW4 5/12/89 -3- STATE OF CFFOv/A ; ss. COUNTY OF-,$'$ /',,;/$ ;/: (,') I On/; //?,/ /,, /F<r'" ,/ before me, the undersigned, a Not ry,,PubF,ic in ,, ,P ahd for'said State, personally appeared ,' -\ , /1. /*i' / / : personally known to me or proved on the basis of iatisfa&ory evidence to be the person who to me executed,Ft r'// /.!'. e.within instrument as the - .,.!- -. //(' j,< / ‘ 7, ',<., President, and personally knqwn to me or proved to me on ,&he basis of satisfactory evidence tq,,be the person who executed the within instrument as the i/i// '/,; 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. /,! ,,f‘.,“,’ ..; ;’ ; ‘,.,’ ’ / / NOTARY PUBLIC' (Seal) 2058201L.DW4 5/12/89 -4- 4/26/i389 ** 58460-104-10 100,4 ** SV SCHOOL EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT SCHOOL SITE CT 85-35 PHASE I UNIT C AVIARA BEING A PORTION OF SECTION 26, 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: BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 26 AND THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN DEED TO THE ALGA ROAD SCHOOL DISTRICT RECORDED ,1989 AS FILE NO. OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 71"40'53"WEST ; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND AS DESCRIBED IN SAID DEED AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37"36'53" A DISTANCE OF 210.08 FEET; THENCE SOUTH 55"56'00" EAST, 416.30 FEET; TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09"46'00" A DISTANCE OF 73.30 FEET; THENCE SOUTH 46"lO'OO" EAST, 95.57 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING THE BEGINNING OF A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 77"38'53" WEST l THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ALGA RbAD SCHOOL DISTRICT, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"12'54" A DISTANCE OF 22.33 FEET; THENCE NORTH 26"34'01" EAST, 107.90 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO SHORTENED OR EXTENDED SO AS TO TERMINATE IN THE SOUTHWESTERLY LINE OF SAID ALGA ROAD SCHOOL DISTRICT LAND. ’ . 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND SUBORDINATION AGREEMENT FOR DRAINAGE EASEMENT PURPOSES AVIARA CT 85-35 PHASE I UNIT C OFFSITE, PR 3.2.27. 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 26, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California; 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: I. That the above recitations are true and correct. 2. That the Grant Deed from Aviara Land Associates Limited Partnership dated May 22 , 1989, conveying an easement-for Drainage purposes over a portion of Section 26, 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 ll.wfzqm 1989 approving an easement for Drainage purposes over a portion of Section 26, 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 ? 192 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENK (SEAL)