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Home My WebLink About1989-06-27; City Council; 10101; Accept Grant Deed Utility & Access EasementI CIT- OF CARLSBAD - AGEND’” -PILL pw 5 e % . . g 2 g f 0 0 ** \B# .-@ ,‘--/ TITLE: -y rllTG. fi-37-89 ACCEPTANCE OF A GRANT DEED FOR GENERAL UTILITY AND ACCESS EASEMENT PURPOSES )EPT.= AVIARA CT 85-35 PHASE I UNIT C OFFSITE, PR 3.4.72 RECOMMENDED ACTION: Adopt Resolution No. g%a~5 accepting a Grant Deed and Subordination Agreement for General Utility and Access Easement purposes and authorize the City Clerk to record the original Deed and Agreement to the County Recorder's Office. 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 north of Unit C in order to provide a traffic turnaround at the terminus of Ambrosia Lane on the northerly end 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 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). FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future easement acquisitions. EXHIBITS: 1. Location Map. 2. Grant Deed from Aviara Land Associates Limited Partnership, dated MAY Z2 . 14134 3. Subordination Adreement' between Aviara Land Associates Limited Partnership an$ii nterstate dated h&ty Bank of California, I 4. Resolution No. Wj&accdpting a Grant Deed and Subordination Agreement for General Utility and Access purposes. li XATION Mr -!= i NTS lROJECT NAMET! LY I.1 QJf h@D Acass SE- AVIARA PHA E 1,G78s-35 w’?-c EXHIBIT I, . t. * .I RECORDING REQUESTED BY - I. * . AND WHEN RECORDED MAIL TO ,- City Clerk City of Carlsbad 1 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 SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00586 Partnership Grant Deed TO 1925 CA (11-83) Ambrosia Lane ioffsiteh General Utilit. and Access Easement T IS FORM FU NISHED BY TICOR 11-t-L INSURERS PR 3.4.72 The undersigned grantor(s) declare(s): APN 215-040-16 Documentary transfer tax is -O- 215-051-10 ( ) computed on full value of property conveyed, or 215-050- 14 ( ) 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 hereby GRANTS to partnership organized under the laws of the State of De1 aware 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 Carl sbad County of San Di ego , 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 BY: Aviara Land Company, a Delaware 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 - STATE OF CALIFORNIA ) COUNTY OF:!:, /' ,:.;<( L ss. before me, the undersigned, a said State, personally appeared personally known to me or proved on the basis of satisfa&ory evidence to be-the person who to me I ex;~u:e$,~~~~it.in~,,instrument as the ,f L'/'( President, and / : // personally known to me or proved to me on ,the baiis of'satisfictory evidence to be the person who executed 'the within instrument as the ,,; A !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. . .I’ I. _ ,,I- f .’ ./ ,/I _ - ,’ I’ . ,I ,’ ,‘ (,I. NOT&Y PUBLIC' ! ( ‘, (// I , I,’ // .,, I, / I, (Seal) 2058201L.DW4 5/12/89 -3- . l . . STATE OF CALIFORNIA ) <:, COUNTY OF_ .@, /./ ) ss* (.'I r( ;') On /$ ' / '~,~?:,, /r /q-J I:‘ before me, the undersigned, a Notary Public in and for'said State, personally appeared /I '-I (I/( /,,( .‘ ,'. I personally known to me or proved on the basis of(satisfaAtory evidence to be <the person who to me exec ted the .within instrument as the ' , ,,;"I I '. . kr/j: / / ,' )/.lci / 2; , ,;'> '; President, and 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. (Seal) PRINCIPM OFFICE IN SAN MC0 COUNTV 2058201L.DW4 5/12/89 -4- jO,lO * SV AMBOSA 6/6/1989 EXHIBIT"A" LEGAL DESCRIPTION AMBROSIA LAND (OFFSITE) CT 85-35 PHASE I UNIT C AVIARA THAT 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 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 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27, SOUTH OO"42'22" EAST, 2189.22 FEET: THENCE LEAVING SAID EAST LINE, SOUTH 89"17'38" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 89"17'38" WEST, 60.00 FEET: THENCE NORTH OO"42'22" WEST, 64.53 FEET: THENCE NORTH 89"17'38" EAST, 60.00 FEET: THENCE SOUTH 00"42'22"EAST, 64.53 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 3871.98 SQUARE FEET OF LAND MORE OR LESS. ..’ . d N G SCALE I” = 40’ EXHIBIT “B” - P-a!& ___ _... _ NE COR. SEC. 27 - --- PROPOsED GENERAL UTILITY 6, ACCESS \ EASEMEhlT 7-M 85-35 PHASEX -- 7-M 85-c% \ N09”17’30’E Ph’ASE 1 8 ..-.. . . ,... . : i I .-\ : :. I -5 .i “? I.... h.0 ,f I,#’ $yj [:‘*j f-x, [J -‘“-. ;:.: i \ l..:' I t . . . . .J \..! \.;. f”‘. ;...c' , . . \ ! . . . ,. . . . . . I . . . . : i " t . ...! t f"., {I :."- ::. f") i ;I:.: i':;\. ,,t:. r"*., 5 . . . . ;;-A. :"\ i . . . . .J f...j ..-+ i.,i . ..<... (‘.. ,. . . . . . . . . . . . . . . C.-. .“f I.... i se.; : :. .J : : ! : i’-, i,, : (. 1 I..., C. . ..i -4 J’;., L. I . ...’ . J I ! hP.0.B. 1 I I I L E82;1,7 ‘30” E -- t&k d. k.4, d-z-sp TO Ij I USJ-RATE DALE A. aw/S f.S 5894 P&O 7bchnolog/e8 UTILITY 401 West “A” Sbme4, Suite 2500 !38n D&c4 CA82101 6lQQ324466 ApN 218-040-le & ACCESS EASEMENT pRO’j=~~MB~~S,bb LANE (OFFSITE) PnOJECT NO. EXHtelT GENERAL UTILITY & ACCESS EASEMENT CT 85-35 PHASE I UNIT C AVIARA IPR 3.472 1 B -- CERTIFICATION FOR ACCEPTANCE OF EASEMENT ” 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 tile City Coullci.1. of tile City of C~lrl~l~a~l, California pursuant to resolution 110. 89-205 I adopted 011 June 27, 1989 I and the grantee consents to tlic recordation thereof by its duly authorized officer. DATED: June 28, 1989 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 Space above this line for Recorder's use. PR 3.4.72 SUBORDINATION AGREEMENT APN 215-040-16 215-051-10 215-050-14 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 22nd day of 19_8e by MT~ 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 mhy zz 14gy, in favor of the City of Carlsbad as 1 / ' 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 k..<>: 3. note secured by the deed of trust above mentioned%?it 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 By: I& -.Lt.. ;’ h-,,. (:. i,t,v;<-,\ Kevin P. McKenna, Assistant I. I Vi>ce President sr;General Partner, By: i~~~!~!~~~~~,,l\i~~!~~ Ma-lr D. Whalen,‘Vice President CAT. NO. NN00737 TO 1945 CA (7-92) (Corporation) TplT;;g?ANCE I *llCOR COMPANV STATE OF CALIFORNIA COUNTYOF ORANGE ss. i > On June 6, 1989 before me, the undersigned, a Notary Public in and for if said State, personally appeared e I personally known to me or proved to me on the basis - : of satisfactory evidence to be the person who executed r the within instrument as the A~GS Vi PP 2 President, and M,=rrk I-I whal en personally known to me or c’ proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the NOfARY PLICI IC CWfOffNfA m I” Vice President ddr,&~~ of the Corporation f%lNC!FAI (IFTICF IN that executed the within instrument and acknowledged board of directors. (This area for official notarial seal) SC-’ ;ISTANT ,TELY A BY THE : SEAL JN WILL :EMENT, Approved as to form: (Notarial acknowledgement execution by DEVELOPER and SURETY must be attached.) . 1’ . : * ’ STATE OF CALIFORNIA ) i' ) ss. COUNTY O&L ,' ,[:,<,'. >,' ) ,/ On y&l/ I . A.. :-< i-q- before me, the undersigned, a No a,r,y Public in' and for said'state, personally appeared F /A , --\, ;' / , 3 I/ / c 'c .I personally known to me or proved on the basis of satisfa&ory evidence to be, the person who to me c exqu~d~~h~$th~n instrument as the .- !' ; ‘, President, and , , I. the basis of 1 I personally known to me or proved to me on , &tfsfa&ory evidence to be the person who executed ' the within instrument as the ,!:.*I j ', 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. ,/! i/;/::/ ,( ,f; NOTARY PUBLIC ,’ ,, , , .I c,,;’ (Seal) Z058201L.DW4 5/12/89 -3- STATE OF CALIFORNIA ) -. ) ss. COUNTY OF, c.i,,,;',. :,/, ;) ,,,; ,) < on ,,,‘:,I / z, , -; ‘,;.:’ ,;,q 1 “i before me, the undersigned, a yotazy yublic in‘arid for said State, personally appeared I ,/ .,‘ -) , / , { I‘ . i personally known to me or proved to me on the basis ofcsatisfaLtory evidence to be the person who I exec:ted the,,within instrument as the L_ ., i , President, and ,,'c., - / , /-; (' / 7;/ A',/;--~ 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. ’ , /’ , ,f .” _/, NOTARY P&C /.“i ’ ,,,I.,/ ,. c (Seal) Z058201L.DW4 5/12/89 -4- ~o,lo * SV AMBOSA 6/6/1989 EXHIBIT"A" LEGAL DESCRIPTION AMBROSIA LAND (OFFSITE) CT 85-35 PHASE I UNIT C AVIARA THAT 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 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 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27, SOUTH OO"42'22' EAST, 2189.22 FEET: THENCE LEAVING SAID EAST LINE, SOUTH 89"17'38" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 89"17'38' WEST, 60.00 FEET; THENCE NORTH OO"42'22" WEST, 64.53 FEET; THENCE NORTH 89"17'38" EAST, 60.00 FEET; THENCE SOUTH 00"42'22'EAST, 64.53 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 3871.98 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. 89-205 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 C OFFSITE, PR 3.4.72 WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant Deed conveying an easement to the City of Carlsbad for General Utility and Access purposes over a portion of Section 27, 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 MAY 22 , 1989, conveying an easement for General Utility and Access 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 MAY ZZ , 1989, approving an easement for General Utility and Access 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. /// /I/ //I /// 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. RAUTENKRANZ, City Clerk (SEAL)