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Home My WebLink About1989-08-01; City Council; 10165; Grant Deed & Subordination Agmt Hughes N. C.CITWF CARLSBAD - AGEND ACCEPTANCE OF A GRANT DEED MTG. 8-l -89 FOR GENERAL UT1 OVER A PORTION RECOMMENDED ACTION: Adopt Resolution No. accepting a Grant Deed and subordination ITEM EXPLANATION: In order to conform with City Standards the owner, Hughes North County Associates is offering a 15.00 foot wide general utility easement over a portion of Parcel 1 of Minor Subdivision 711, for dedication to the City of Carlsbad. Engineering Staff has reviewed the request and agrees with the need and location of the general utility easement. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future easement acquisitions. / Location Map. Grant Deed from Hughes North County Associates dated June 6, 1989. Resolution No. [?&&& accepting a Grant Deed for general utility purposes. Subordination Agreement dated June 30, 1989 for a deed of trust dated December 29, 1988, which affects Parcel 1 of Minor Subdivision 711, City of Carlsbad. f% 2.3.20 LOCATION’ MAP - azws~ o- GhfEBm 32 ! \ : StTE ~ . ?ROJECT NAME - r\ PROJECT X EXHISI NORTH COUNTY PLAZA ia+. 7111 PD-272 1 L *. ’ . RECORDING REQUESTED BY - CITY OF CARLSBAD 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 J MAIL TAX STATEMENTS TO r 1 Name N/A Street Address City & State L -I SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00566 TO 1925 CA (11-63) Partnership Grant Deed PR 2.3.20, PD 272 THIS FORM FURNISHED BY TICOR TITLE INSURERS APN 156-301-15 The undersigned grantor(s) declare(s): Documentary transfer tax is 0 624 : ) 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, Hughes North County Associates, a general hereby GRANTS to partnership organized under the laws of the State of the City of Carlsbad, a Municipal Corporation the following described real property in the County of San Diego , State of California. An easement for general utility purposes as described on Exhibit “A” attached hereto and made a part hereof. Exhibit “B” is provided for clarity only. HUGHJZS NORTH WUNTY ASSOCIATES, a California general partnership- BY: HI-NC, a California general partnership, General Partner BY: HUGHES INVESTMENTS, a California general partnership General Partner ?&an% H. Purcell Dated: b General Partner BY Partner STATE OF C&!IFORNIA COUNTY OF Orange ss. wq before , a Notary Public in and for said Thomas H. Purcell Partner 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 nne of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Donna Huhem My calm. Exp. Mm. 12 (This area for official notarial seal) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE ’ . EXHIBIT A EASEMENT FOR PUBLIC UTILITIES PURPOSES (SEE EXHIBIT B) PORTIONS OF LOTS 34 AND 35 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1908, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT NORTH O"24'44" EAST, 7.50 FEET FROM POINT "F", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 4 OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 89”35’16” EAST; 12.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89”35’16” EAST, 244.00 FEET; THENCE SOUTH O"24'44" WEST, 15.00 FEET TO A TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND FORESHORTENED AT THE ANGLE POINT. . --I- ‘I ’ \ . . . I r- _ I I II ,I I LIXAIL Nwz-xE B, * ia &‘s/M7:6Mrw* NO LTE. and ASSOCIA1+S Ewucfs I PIau-cta I suuyocs : mss c~k-xd u- h-kwd. fan CXqo, CA %?I24 T.t: (atl m392 fAx Ho. &l?j na4ua CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated June 6, 1989 -a-a-------e-w- from Hughes North County Associates ----------_------------------- 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. 89-266 , adopted on August 1, 1989 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 2, 1989 By: 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. 89-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR GENERAL UTILITY PURPOSES, OVER A PORTION OF PARCEL 1 OF MINOR SUBDIVISION 711 WHEREAS, Hughes North County Associates has submitted a Partnership Grant Deed conveying an easement to the City of Carlsbad for general utility purposes over a portion of Parcel 1 of MS 711; and WHEREAS, the City Council of the City of Carlsbad has determined it to be 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 Hughes North County Associates dated June 6, 1989, conveying an easement for general utility purposes over a portion Parcel 1, MS 711 to the City of Carlsbad which is on file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the Subordination Agreement from Travelers Life and Annuity Co. dated January 30, 1989 approving an easement for general utility purposes over a portion of Parcel 1 of Minor Subdivision 711 (PR 2.3.20), and subordinating the lien of the deed of trust to the easement is on file with the City Clerk and is incorporated herein by reference, is accepted. I// /// /I/ I// /I/ /// /// /// 4. That City Clerk is authorized to cause the original Deed 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 1st day of August , 198% by the following vote, to wit: I ATTEST: AYES: Council Members Lewi aux and Larson NOES: None ABSENT: None ALETHA L. RAUTENKRANZ, (SEAL) City Clerfl - RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD ) 1200 Elm Avenue Carlsbad, CA 92008 \ 1 Space above this line for Recorder's use. PD 272 SUBORDINATION AGREEMENT NOTICE: THISSUBORDINATIONAGREEMENTRESULTS INYOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT AllACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 3Geday of ‘January 1989 by Hughes North County Associates, a California General Partnership hereinafter referred to as "Owner," owner of the land and the Travelers Life and Annuity Co., herein- after referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETN THAT WHEREAS, Hughes North County Associates did execute a deed of trust, dated December 29, 1988, to Ticor Title Insurance Company of California as trustee, covering PR 2.3.20, PD 272, APN 156-301-15 real property described on Exhibit "A" attached hereto, to secure a note in the sum of seventeen million dollars ($17,000,000.00) dated December 29, 1987 in favor of the Travelers Life and Annuity Company recorded December 30, 1987 as File No. 87-714176 of Officical of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated JaUary 30~ 1989 tin favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibit 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 subord'inate 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 bet- - 2 - 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. 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 subor- dination 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- 3, An endorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subordjnated to the charge of the Easement in favor of Easement Grantee above referred to . BENEFICIARY OWNER *' v Regional Director Hushes North mty Associates Please see attached tiigiiature @age 5. NOtE THAT THE SECRETARY kUST TRdE COPY (IF T OR VICE-PRESIDENT AND THE SECRETARY 09 &fStANt EXECUTIONS OF THIS DOCUMENT. ,ALTEdNATkLY A BOARD OF OIRECTORS THAT IS SIi;kED BY THE SECRETARY by OF THE CORPORATION, UNDER CORPORATE SEAL SPkIFfCALlY EMPOtitiRING THE INbIVIDUAL SIGNING IN BEHALF OF THE COkPORATION WILL SHOW SUFFICIENT AUiHORITY 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: VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) -4 - SUBORDINATION AGREEMENT BETWEEN HUGHES NORTH COUNTY ASSOCIATES (OWNER) AND TRAVELERS LIFE AND ANNUITY CO. (BENEFICIARY) Page 5 HUGHES NORTH COUNTY ASSOCIATES, a California general partnership BY: HI-NC, a California general partnership, General Partner BY: HUGHES INVESTMENTS, a California general partnership, General Partner By: Thomas H. Purcell General Partner STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE 1 On this cc 4 day of before me, DonnaR. Huhem I a Notary Public in a personally appeared Thomas H. Purcell , known to me to be the partner(s) of HUGHES INVESTMENTS, the partnership that executed the within instrument and known to me to be the person(s) who executed the within instrument on behalf of said partnership, said partnership being known to me to be a Partner of HI-NC the partnership which is known to me to be the partner of HK433IKKlHCU&YX3XJXFS the partnership that executed the within instrument, and acknowledged to me that this/these person(s) executed same as such partner of said partnership first above named and that partnership executed same as partner of HI-NC and that partnership executed same as partner of HUGHES NORTH COUNTY ASSOCIATES a partnership, and that said last named partnership executed the same: WITNESS my hand and official seal. %% . Donna Huhem My Canm. Exp. Mar. -\ _ . L,OZXI# 204721 STAq OF CA+IFORNIA XXJNTYOF--TA) . on June 13. 1989 Before rre, the undersigned Notpry Public, in and for the State ofCalifoqiaand County of Contra Costa personally appeared Neil Hamilton Regional Director corporation, the corporation-that executed the within instrumn t, and known to me to be the person who executed the within instrumnt on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within directors. WIlwEss my instrument pursuant to its bylaws or a resolution of its board of hand and official seal. OFFICIAL SEAL 3s DANA L. RODGEF ..OTAW f~toLiC. CALIFORNIA PW<CJlF’AL OFFICE 1N c,CNl F;A CCSTA COUNTY Signature: bkdary Publ'ic in an&or the State-of Californiau County of Contra Costa My Ccmnission expires:34-q3 - I EXHIBIT "A" PORTIONS OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY ON JUNE 8, 1908, AS GRANTED TO HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, BY DOCUMENT RECORDED FEBRUARY 4, 1983, AS FILE NO. 83-038256 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. 8533-88-29 l-7-88 EXHIBIT B - EASEMENT FOR PUBLIC UTILITIES PURPOSES PORTIONS OF LOTS 34 AND 35 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1908, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT NORTH O"24'44" EAST, 7.50 FEET FROM POINT "F", AS SAID POINT IS DESCRIBED ON EXHIBIT’A, SHEET 4 OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 89”35’16” EAST; 12.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89”35’16” EAST, 244.00 FEET; THENCE SOUTH O"24'44" WEST, 15.00 FEET TO A TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND FORESHORTENED AT THE ANGLE POINT (LDOOO6-S)