HomeMy WebLinkAbout1989-06-27; City Council; 10100; Accept Grant Deed For Sewer & DrainageCIT- OF CARLSBAD - AGEND ^- BILL
AB# @@I id@ TITLE:
MTG. 6-37-819 ACCEPTANCE OF A GRANT DEED FOR SEWER AND DRAINAGE EASEMENT PURPOSES DEPT.= AVIARA CT 85-35 PHASE I UNIT B OFFSITE, PR 3.3.12 I RECOMMENDED ACTION:
Adopt Resolution No. Bp-a@sL accepting a Grant Deed and Subordination
Agreement for Drainage and Sewer 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 requried 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 and sewer easement is required north of Unit B in order
to properly drain and provide sewer service to the offsite and phase two portions of the project (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 and sewer easement (see Exhibit 2) and has caused First Interstate Bank of California to subordinate its lien of the Deed of Trust to the drainage and sewer easement granted to the City (see Exhibit 3).
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FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expenses
in the future easement acquisitions.
I EXHIBITS:
Land Associates Limited Partnership, dated
between Aviara Land Associates Limited
4. Partnership and First Interstate Bank of California, datedJ@JgIY,(f$f Resolution No.87~J@$accepting a Grant Deed and Subordination Agreement for Drainage and Sewer Easement purposes and authorizing the City Clerk to record the original Deed and Agreement to the County Recorders office.
1 3CATION Mb” P
PROJECT NAME SISWERk+W D~tW-~WeMfPROJ. NO
AVIARA PHASE 1 q8s3z;w+o-f 6 cpe-&?%
I. -. .- RECORDING REQUESTED BY ,~
7. ,
AND WHEN RECORDED MAIL TO
r City Clerk 1
Name City of Carlsbad 1200 Elm Avenue
Street
Address Carlsbad, CA 92008
city 84
State L -l
MAIL TAX STATEMENTS TO r 1
Name
Street Address
City 8l
State L -I
i t Q 0
SPACE ABOVE THIS LINE FOR RECORDER’S USE
CAT. NO. NN00586 TO 1925 CA (1 l-83)
Partnership Grant Deed Sewer and Drainage Easement THIS FORM FURNISHED BY TIC R TITLE INSURERS
PR 3.3.12
BY: Aviara Land Company, a
e Corporation,
BY: Re\public Development Compa
<:~:or@fna;rporation,
The undersigned grantor(s) declare(s):
Documentary transfer tax is -O-
( ) 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 Carlsbad , 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 sewer and drainage over, under, across and upon.
the following described real property in the City of Carlsbad
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 Partnership, a Delaware Limited Partnership
See attachment
Dated:
STATE OF CALIFORNIA 1
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
(This area for official notarial seal)
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
. . 1
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER AND DRAINAGE EASEMENT
THAT PORTION OF THE NORTHEAST QVARTER OF SECTION 27, TOWNSHIP 12 SOIJTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE CODNTY RECORDER OF SAID COIJNTY OCTOBER 30 , 1966, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26 AND 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH OO"42'22" EAST 1311.77 FEET; THENCE LEAVING SAID EAST LINE NORTH 87"29'27" WEST 549.55 FEET; FEET; THENCE NORTH 39"18'00" 'Hi;;; NORTH 3El"17'15" EAST 433.80 121.50 FEET; THENCE NORTH 60"52'15" WEST 148.26 FEET TO THE TRUE POINT OF REGINW; THENCE CONTINUING NORTH 60"52'15" WEST 29.52 FEET; THENCE NORTH 03 o 00 ' 00" WEST 40.55 FEET; THENCE NORTH 27"OO'OO' EAST 63.35 FEET; THENCE SOUTH 63"OO'OO" EAST 25.00 FEET; THENCE SOUTH 27"OO'UO" WEST 56.65 FEET; THENCE SOUTH O3"OO'OO" EAST 49.55 FEET TO THE TBL7E POINT OF BE(XItNING .
ABOVE DESCRIBED PARCEL "A" CONTAINS 2626.27 SQ. FT. OR 0.060 ACS. MORE OR LESS.
PREPARED BY:
CROSBY MEAD BENTON & ASSOCIATES
REGISTRATION EXfFIRES 3-31-93
4
25.00’
N27°00’Oo’~ F-9 CI P-4 A? ti3.33 \ k f \ N27*00m’~E
Avbik?A PHASE
-T. PO. 0. PARXL ‘2 ”
29.52’
c.?r 85-35 AV
PHASEiT Uhf/T ~3
PLAT ?-Ii0 UUSRATE S&V&i
A/W DRAmME EASEMEtiT
TON t A%XX.IATE5~ M!V”29/2 7”N
A.FIM.- Z/5-040-/5,
2/s -040 -16
Crosby MeacJ Bmton 61 Rssociates
Plannerr l Engineers l Surveyor8
5966 La Place Court, Suite 170, Carbbad, CaUfomia 92008 (619) 438-1210
r.- : .- I’ . .-
STATE OF CALIFORNIA 1 ) :ss COUNTY OF SAN DIEGO
7 1
OnQ%zX /</?J? , before me, the undersi inland for said state, personally appeared (personally known to me) . ve~he-bas-~saf'~~~~ff~Cto'ry
%f?T5Y president, and (personally known to me) r~vklewse) to be the f-pjcwe
secretary 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
My Comm,ission
Name L5itN L?%elG? Lhrr Principal Place of Business STATE OF CALIFORNIA 1 ) :ss OF SAN DIEGO 1
, before me, the undersig in ,&d for said state, personally appeared (personally known to me) gyxl-ke--me-en--the- president, and
.
onally known to me) (y.F . n-WT.2 vlTim) to be the //'I 74gzgz&-7 s6ze-ta-r~ of Republic Development Company, 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 and that such partnership executed the same.
Witness my hand \ Nota\y Public in and for said State
ssion expires &yIqq&4v
/q/-v LbfGLJ Lz!wv/-Y Principal Place of Business
13
.
CERTIFICATION FOR ACCEPTANCE OF EASEblENT
This is to certify that the interest in real property
conveyed by the easement dated June 14, 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. 89-204 , 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 1200 Elm Avenue 1 Carlsbad, CA 92008 1
Space above this line for Recorder's use.
PR 3.3.12 SUBORDINATION AGREEMENT CT 85-35B
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 &uday of 19_ae by AJQP.
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 ($125,000,000) dated December 20, 1988, in favor of First Interstate
Bank of California recorded in the office of the County Recorder of San Diego
County on December 23, 1988, as File No. 88-661636 of Official Records of said
county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a
Grant Deed for Sewer and Drainage Easement dated JLAM I$ I%??, in favor of the
City of Carlsbad as grantee herein referred to as "Easement Grantee," creating
the Sewer and Drainage Easement more particularly described in Exhibits A and
B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said Easement
provided the grant deed 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 Sewer and Drainage 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. It consents to and approves the grant of Sewer and Drainage
Easement in favor of the Easement Grantee.
2. It 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, 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
This agreement represents an endorsemnt to the 3. cthnnnmllnnnyt-he-
note secured b the deed of trust a ove mentioned/th?? 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
PARTNERSHIP
Aviara Land Company, General Partner
Tom Strobel.
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT A
SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS 0 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 ov execution by DEVELOPER and SURETY must be
attached.)
STATE OF CALIFORNIA 1 ) :ss COUNTY OF SAN DIEGO 1
yy4 the A in &d for said stat;, before me, undersBr2 rE;:blic personally appeared- (personally known to me)
c-e) to be the m of Aviara Land Company, a Delaware Corporation, tt1a corporation that executed the within instrument and (pcrsollally 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 ncknowledglcrl corporation executed the same as such partner partnership executed the same.
Witness my hand c . Notary Public in a
My Commtssion expires
n+LFEN l A a4wLO Principal Place of Uusincss STATE OF CALIFORNIA 1 ) :ss COUNTY OF SAN DIEGO 1
011 /q Km in And for said stat;, before me,
(personally known to
ersonnlly known to me) o-m~---0r t-- iA te- -eneej to be the Y&czkkd- dy of Republic Development Company, 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 and that such partnership executed the same.
Witness my hand Notary Public in a& for said State
My Commission expiresc / , mh5!3v /fA!h/&P x.-&/v i3/E60 &&vlr -- -- Principal Pincc of I%usincss
13
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STATE OF CALIFORNIA
COUNTY OF- I
On.d~&,1989 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Kevin P. McKenm and
Tom Strobe1 , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
-&SSimYb President an&J.ZirP~S&&z&S#&&r~, on behalf of First Interstate Ebnk of California, -
suchcorporationexecutedthewithininstrumen
(This area for official notarial seat)
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER AND DRAINAGE EASEMENT
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SIJRVEY MAP NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OCTOBER 30 ) 1986, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CIV, II ,I P A - aEWER AND DRAINAGF: EASEMENT
COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26 AND 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOIJTH OO"42'22" EAST 1311.77 FEET; THENCE LEAVING SAID EAST LINE NORTH 87"29'27" WEST 549.55 FEET; THENCE NORTH 3(,"17'15" EAST 433.80 FEET; THENCE NORTH 39"18'CtO" WEST 121.50 FEET; THENCE NORTH 60"52'15" WEST 148.26 FEET TO THE TRUE POINT CF REGUiUKi; THENCE CONTINUING NORTH 60"52'15" WEST 29.52 FE)ET* THENCE NORTH 03 O 00 ' 0 0 " WEST 40.55 FEET; THENCE NORTH 27";)O'OO' EAST 63.35 FEET; THENCE SOUTH 63 ' 00 ' 00 " EAST 25.OCI FEET; THENCE SOUTH 27"OO'OO" WEST 56.65 FEET; THENCE SOUTH O3"OO'OO" EAST 49.55 FEET
TO THE TRUE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "A" CONTAINS 2626.27 SQ. FT. OR 0.060 ACS. MORE OR LESS.
PREPARED BY:
CROSBY MEAD BENTON & ASSOCIATES
N 27 *oo ‘OO”E
56.65’
MO SCALC
29.52’
PLAT 7-D KUS7RATE SEWEX?
AND DRAMA&E &ASEMEM;r
PREPARED BY: TON t AS3OCIATE5- N87*29’2 7 “W
A.I?N.- Z/5-&@-/5,
3- 3f- 93 z/5 -oao -16
Crosby MeacJ Renton & Rssociotes
Plannerr l EngIneerr l Surveyorr
5968 La Place Court, Suite 170, Carictbad. CaIlfomia 02008 (610) 438-121t
PuoJ&r /Wiqc: OFFS/T& &XWL- & DRA/IVAGE
E;9S&Paw
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RESOLUTION NO. 8g-2o4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND SUBORDINATION AGREEMENT FOR DRAINAGE AND SEWER EASEMENT PURPOSES AVIARA CT 85-35 PHASE I UNIT
C OFFSITE, PR 3.3.12.
WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant
Deed conveying an easement to the City of Carlsbad for Drainage and Sewer
purposes over 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; 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 JUNE I# , 1989, conveying an easement for Drainage and Easement
purposes over a portion of Section 27, 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&NEf$I%?,
1989 approving an easement for Drainage and Sewer purposes over a portion of
Section 27, 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.
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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 , 193 by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk\ (SEAL)