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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. 11 12 13 14 15 16 17 18 19 20 21 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 22 23 24 25 26 27 with the City Clerk and is incorporated herein by reference, is accepted. /// /// /// /// 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 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)