HomeMy WebLinkAbout1989-11-07; City Council; 10341; Grant Deed & Subordination Agmt Avenida EncinasCIT’“)F CARLSBAD - AGENDP-WLL @f7 0 -15 .
. AB# lo,3Y 1
MTG. 1 l-7-89
DEPT. ENC.
TITLE:
ACCEPTANCE OF A GRANT DEED FOR A PORTION OF
AVENIDA ENCINAS SOUTH OF PALeOh4AR AIRPORT ROAD
(MS 674, PR 3.4.63)
RECOMMENDED ACTION:
Adopt Resolution No. 6cI - 3 8 8 accepting a Grant Deed and Subordination Agreement
for public street purposes.
ITEM EXPLANATION:
In order to fulfill the requirements of a condition of approval for Minor Subdivsion No. 674,
the owner, Palomar Venture, is offering a variable width widening of Avenida En&as adjacent
to the subdivision for dedication to the City of Carlsbad. Engineering has reviewed the
dedication and agrees with the need and location of the street widening.
FISCAL IMPACT
Requiring dedications as a condition of development will reduce City expenditures for future
easement acquisitions.
EXHIBITS
1. Location Map.
2. Grant Deed from Palomar Venture dated Sept 28, 1988.
3. Subordination Agreement date April 25, 1989 for a deed of trust dated October 16,
1984, which affects Parcels A and B of Minor Subdivision 674, City of Carlsbad.
4. Resolution No. 8 -38% accepting a Grant Deed and Subordination Agreement for
Public Street purposes.
L-XATION MP
PARCEL A
PARCEL H
-.._ - ‘\ -._ -.- AVENIDA
l-=... _ ENCINAS --. -- --. -----
--
f
PROJECT SITE
PROJECT NAME: PR 3.4.63 ROAD EASEMENT PROJ.
PALOMAR VENTURE
NO.
.PD 24-6
EXHIBIT
I
* a
’ RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name r CITY CLERK 1
Street City of Carlsbad
Addrao 1200 Elm Avenue
Carlsbad,
L
California
92008 --I
MAIL TAX STATEMENTS TO
Name FEWPORT NATIONAL CORPORATION 1
Street 5962 La Place Court
Address Suite 200
city Carlabad, California state ZIP L 9:ioo8 A
,
c c -
e
: n
I
I I
1
SPACE ABOVE THIS LINE FOR RECORDER’S USE -
DOCUMENTARY TRANSFER TAX $ 0 Easement
-COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
-OR COMPUTED ON FULL VALUE LESS LIENS AND
CES REMAINING AT TIME OF SALE.
. CITY ~c4m!aAP
determinina tax. Firm Name
APN: 210-170-04
GRANT DEED M.S. 674/PD230/PR 3.4.63
(PARTNERSHIP) (Escrow No .___________________ -.)
By this instrument dated _____ . . ..P .__._______________? _..___._._______________________________------------------- ___, for a valuable consideration, Se tember 28 1988
receipt of which is hereby acknowledged, PALOMAR VENTURE, a Limited
Partnership organized under the laws of the State of California
hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for
public road purposes and across
the following described Real Property in the State of California, County of _____ %??.!!&eg? ________ _ ____________________________________
City of _____ C3rlSbad.-S ________________________________________--- __. more particularly described as follows:
(See Exhibit "A" attached hereto and made a part hereof)
The easement in the aforesaid property is more particularly described as
follows:
(See Exhibit "B" attached hereto and made a part hereof)
PALOMAR VENTURE, a California Limited Partnership
By: NEWPORT NATIONAL CORPORATION, a California
Corporation, General Partner
-P’ roved to me on the
that executed this instrument, on
that the partnership executed it.
\
. . .
MAIL TAX STATEMENTS AS DIRECTED ABOV
STATE OF CALIFORNIA
; ss.
COUNTY OF SAN DIEGO >
On January 6, 1989, before me, the undersigned, a Notary
Public in and for said State, personally appeared F.M. Brusseau
and Scott R. Brusseau personally known to me to be the persons
who executed the within instrument as the President and Secretary,
on behalf of Newport National Corporation, A California corporation,
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors, said corporation being
known to me to be the general partner of Palomar Venture, A
California Limited Partnership, the limited partnership that executed
the within instrument, and acknowledged :o me that such corporation
executed the same as such partner and that such partnership executed
the same.
WITNESS my hand and official seal.
OFFtClAL SEAL SHERRI Hl6lXR
NOTARY PUBLIC l CALIF
PRINCIPAL OFFICF IN SAN OIEGOCOUNW FOD. 00, IQQO ] I Notary in and for said County and State
July 31, 1989
W.O. 01-82-22-4
M.S. 674/PR 3.4.63
Page 1 of 1
EXHlBiT “A”
ROADWAY DEDICATION
All that Portion of Lot "H" of Ranch0 Agua Hedionda, in the City of
Carlsbad, in the County of San Diego, State of California according to
Map thereof No. 823 filed in the Office of the County Recorder of said
County, November 16, 1896 described as follows:
Beginning at Northeast corner of Parcel No. 1 described in deed to
Palomar Venture per document recorded April 20, 1982 as File No.
82-111357 in the Office of said County Recorder said point also being
on the westerly line of Avenida Encinas as described in deed to the
City of Carlsbad, recorded February 3, 1969 as File Page No. 19772 in
the Office of said County Recorder; thence SOUTH 15"17'31" EAST 291.73
feet to the beginning of a curve concave westerly having a radius of
51.41 feet; thence southerly 13.25 feet along the arc of said curve
through a central angle of 14'45'48"; thence SOUTH OO"31'43" EAST
84.79 feet to a point of cusp with a curve concave westerly having a
radius of 403.00 feet and to which point a radial line bears NORTH
89'28'17" EAST; thence leaving the line common to aforementioned
Palomar Venture land and said City of Carlsbad land northerly 103.84
feet along the arc of said curve through a central angle of 14'45'48"
to a line parallel with and lO.OO,feet westerly of said line common to
aforementioned Palomar Venture land and said City of Carlsbad land;
thence NORTH 15"17'31" WEST 47.17 feet along said parallel line;
thence leaving said parallel line, NORTH 13'45'41" WEST 236.58 feet to
the northerly line of said Palomar Venture land; thence along said
northerly line NORTH 67'27'14" EAST 3.71 feet to the westerly line of
aforementioned City of Carlsbad land and the POINT OF BEGINNING.
Containing: 2,537 square feet, (0.058 Acres), more or less.
0081/ej/LGLNRS2
Expires: g/30/92
dm ENGfNEERING ASSOCIATES
550 West Vista Way
Melrose Cenler, Vista, California
92083 Phone (6 191 756 3680
/ PR 3.4.63
Name C. PRATT Date W.O. 1 l/3/87 01-82-22-d
Owner NEWPORT NATIONAL
Job Description EXHIBIT “B” REF. M.S. 674
ROADWAY DEDICATION PD 23C
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO:
i CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1 Soace above this line for Recorder's use.
AkN 210-170-04
PR 3&.63/PD 230
Road Easement
SUBORDINATION AGREEMENT
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 SUBORDINATION AGREEMENT, made this z< day of
I p?i'/ 1989 by Palomar Venture, a California limited
partnership, owner of the land hereinafter described and
hereinafter referred to as "Owner," and Wells Fargo Bank, a . .
National Banking Association, present owner and holder of the
deed of trust hereinafter described and hereinafter referred to
as "Beneficiary";
WITNESSETH
THAT WHEREAS, Palomar Venture did execute a deed of trust,
dated October 16, 1984, to American Securities Company as
trustee, covering a portion of Lot H of Map No. 823, to secure a
note in the sum of three million six hundred thousand dollars
($3,600,000) dated October 16, 1984, in favor of Beneficiary
which deed of trust was recorded October 31, 1984, as File
No. 84-410124 of Official Records of said county: and
i ,
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of EASEMENT dated 9128188 , in favor of the
City of Carlsbad as grantee herein referred to as "Easement
Grantee," creating an EASEMENT more particularly described in
EXHIBITS 'A' and 'B' attached hereto: and
WHEREAS, it is a condition precedent to obtaining said
EASEMENT that said grant of EASEMENT above mentioned shall
unconditionally be and remain at all times a charge upon the land
hereinbefore described, prior and superior to the lien or charge
of the deed of trust above mentioned: 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
2
said EASEMENT above referred to, it is hereby declared,
understood and agreed as follows:
A. 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.
B. That Easement Grantee would not accept said
EASEMENT above described without this subordination agreement.
C. 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 to, 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
3
-
subordination 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 this waiver, relinquishment and subordination.
BENEFICIARY:
Wells Fargo Bank, a National Banking Association
c By: &,& h
Its:
OWNER:
Palomar Venture, a California Limited Partnership
By: Newport National Corporation, a California Corporation, General Partner
By:
Its: F.M. Brusseau, President
Its: Scott R. Brusseau, Secretary
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
AG004PAR
4
STATE OF CALIFORNIA ; ss. COUNTY OF SAN DIEGO 1
OXI April 25 , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared F.M. Brusseau --_____-------------------m-e and Scott R. Brusseau
personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as the -------- President, and ------e-m Secretary, on behalf of Newport National Corporation, a California corpora- tion, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corpora- tion being known to me to be the general partner of Palomar Venture, a California Limited Partnership, the limited partner- ship 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 and official seal.
OFFICIAL SEAL
!?2i%E$!I
t
PRINCIPAL OFFICE IN SAN DIE’20 COUNTY
l/q&& u
Notary in and for said County and State
STATE OF CALIFORNIA ; ss.
/'I _'
COUNTY OF SAN DIEGO 1 , ,'
On , 1989, before me, the undersigned, a Notary Public in and for s-aid State, personally appeared and personally known to me or proved to me on the basis of satisfac;ory evidence to be the persons who executed the within instrument as the President, and Secretary of Wells Fargo Bank, a Natlonal Banking Association, the National Banking Association that executed the within instru- ment and acknowledged to/me that such National Banking Associa- tion executed the within instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my,hind and official seal. ,I'
Notary in and for said County and State
STATE OF CALIFORNIA
; ss.
COUNTY OF SAN DIEGO )
On this 75% day of fil\r~t;\ , I"167 , before me, the undersigned,
a Notary Public and and for said State, personally appeared Kt11i1 G ,3i?+?Vls
and l-tic y GLoRF-5 , personally known to me,(.or--proved-to-me-on the---
basis--of-satisfactory--evidence)- to he the v\c-F-2 r~k3Ts 1 DCr-3' and l.0rS ! ..I
rq .$ ‘1 c i-W of Wells Fargo Bank, N.A., a National Banking Association that
executed the within instrument and known to me to be the person(s) who executed
the within instrument on behalf of the Association therein named, and acknowledged
WITNESS my hand and official seal.
to me that such Association executed the same.
HEATHER 1. WARNER NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY Commissi Expires’lune 2,198g
November 9, 1987
W.O. 01-82-22-4 M.S. 674/PR 3.5.63
Page 1 of 1
EXHIBIT "A"
ROADWAY DEDICATION
All that Portion of Lot "H" of Ranch0 Agua Hedionda, in the City of
Carlsbad, in the County of San Diego, State of California according to
Map thereof No. 823 filed in the Office of the County Recorder of said
County, November 16, 1896 described as follows:
Beginning at Northeast corner of Parcel No. 1 described in deed to
Palomar Venture per document recorded April 20, 1982 as File No.
82-111357 in the Office of said County Recorder said point also being
on the westerly line of the land described in deed to the City of
Carlsbad, recorded February 3, 1969 as File Page No. 19772 in the
Office of said County Recorder; thence SOUTH 15"17'31" EAST 291.73
feet to the beginning of a curve concave westerly having a radius of
51.41 feet along the arc of said curve through a central angle of
14'45'48"; thence SOUTH OOO31'43" EAST 84.79 feet to a point of cusp
with a curve concave westerly having a radius of 403.00 feet and to
which point a radial line bears NORTH 89O28'17" EAST; thence leaving
the line common to aforementioned Palomar Venture land and said City
of Carlsbad land northerly 103.84 feet along the arc of said curve
through a central angle of 14"45'48" to a line parallel with and 10.00
feet westerly of said line common to aforementioned Palomar Venture
land and said City of Carlsbad land; thence NORTH 15°17831tl WEST 47.17
feet along said parallel line; thence leaving said parallel line,
NORTH 13O45'41" WEST 236.58 feet to the northerly line of said Palomar
Venture land; thence along said northerly line NORTH 67O27'14" EAST
3.71 feet to the westerly line of aforementioned City of Carlsbad land
and the POINT OF BEGINNING.
Containing: 2,537. square feet, (0.058 Acres), more or Tess.
.
..,i L.1. b ii 12.
J’ .
PR 3.4.63
ENGINEERING ASmATES
Melrose Csnter, Vista. California
550 West Vista Way
82083 Phone (6 1s) 756 3680 ROADWAY DEDICATION PD 230
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated January 6, 1989
from Palomar Venture _-___-__-------------------------------- -_--
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. 89-388 I adopted
on November 7, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: November 8, 1989
.I?ziL /RUT , ALETHA L. RAUTENKRANZ, City Ckrk
RESOLUTION NO. 89-388
1 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF
2 CAIUSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND
SUBORDINATION AGREEMENT FOR PUBLIC STREET PURPOSES 3 OVER A PORTION OF AVENIDA ENCINAS ADJACENT TO MINOR
4 SUBDMSION NO 674.
5 WHEREAS, Palomar Venture has submitted a Grant Deed and a Subordination Agreement
6 conveying an easement to the City of Carlsbad for public street purposes over a portion of Avenida
7 Encinas between Palomar Airport Road and Poinsettia Way adjacent to Minor Subdivision No. 674;
8 and
9 WHEREAS, the City Council of the City of CarIsbad has determined it to be in the public
10 interest to accept said Deed and Subordination Agreement.
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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 Palomar Venture dated September 28, 1988, conveying
an easement for public street purposes over a portion of Avenida En&as between Palomar Airport
Road and Poinsettia Way adjacent to Minor Subdivision No. 674 to the City of Carlsbad is on file
with the City Clerk and is incorporated herein by reference, is accepted.
3. That the Subordination Agreement from Wells Fargo Bank dated April 25, 1989
approving an easement for street purposes over a portion of Avenida Encinas adjacent to Minor
Subdivision No. 674, and subordinating the hen of the deed of trust to the easement is on file
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with the City Clerk and is incorporated herein by reference, is accepted.
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4. That the City Clerk is authorized to cause the original Deed and
Subordination Agreement to be recorded in Office of the County Recorder of San Diego
County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 7th day of November 1989 by the following vote, to wit:
AyES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
1 ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(So)