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Home My WebLink About1989-11-07; City Council; 10342; Accept Grant Deed For Sewer EasementsCIT” OF CARLSBAD - AGEND” -BILL * AB# l&i 3 y 22 TITLE: MT& 11-7-89 ACCEPTANCE OF A GRANT DEED DEPT. ENC. FOR SEWER EASEMENT PURPOSES RECOMMENDED ACTION: Adopt Resolution No. m -3 $9 purposes. accepting a Grant Deed for sewer easement ITEM EXPLANATION: In order to facilitate development of the golf course on the Aviara Country Club, approximately 350’ of an existing sewer line is being realigned. The owner is required to dedicate an easement over the new alignment. This will ensure that the City will have continued access for maintenance over the entire line. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future right-of-way acquisitions. EXHIBITS: - 1. 2. Location Map. Grant Deed from Aviara Land Associates Limited Partnership, dated September 28, 1989. 3. Subordination Agreement from First Interstate Bank of California, dated September 29, 1989. 4. Resolution No.@ -3w accepting a Grant Deed for sewer purposes. LOCATION MHP SITE , NOT TO SCALE PROJECT NAME PROJ. N( AYRES TRUNK LINE REALIGNMENT EASE. PR 3.314 . * RECORDING REQUESTEP J3Y . * AND WHEN RECORDED hi,, \IL TO r . Name 1 City of Carlsbad Street Address 1200 Elm Avenue City & Carlsbad, CA 92008 State l- -l MAIL TAX STATEMENTS TO r Name 1 City of Carlsbad Street Address 1200 Elm Avenue City & State L Carlsbad, CA 92008 -I SPACE ABOVE THIS LINE FOR RECORDER’S USE PARTNERSHIP GRANT DEED OF EASEMENT !sN 3i~~-~~l-ol, 03 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 od ( ) 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 partnership organized under the laws of the State of Delaware City of Carlsbad, a Municipal Corporation hereby GRANTS to the following described real property in the City of Carlsbad County of San Diego, State of California: a sewer easement as described in Exhibit “A” consisting of 1 page, attached hereto and made a part hereof. Exhibit “B” consisting of 1 page is attached for clarity only. DATED September 28, 1989 Aviara Land Associates Limited Partnership A Delaware Limited Partnership STATE OF CALIFORNLA COUNTY OF 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 executed 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 see attached - (This area for official notarial seal) MAK THIS STATEMENT AS DlRECmD ABOVE - STATE OF CALIFORNIA ) COUNTY OF 5~~1 ~)IEc,~ , ) ss. On .z5EPimAR~T -zB, ,769 before me, the undersigned, a Notary Public in and for said State, personally appeared b. C. C~t%fllS , 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 Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf 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 and official seal. (Seal) -xQhorGLQ,waa. NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF SfhJ D=$o ) ) ss. On ScTrn/,~ 28, (969 before me, the undersigned, a Notary Public in and for said State, personally appeared D, L I CLfi/ltWS 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 Vice President of Aviara Land Company, a Delawaie corporation, the corporation that executed the within instrument on behalf 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 and official seal. c----l (Seal) -XGtTLG~c,~?/.p@ NOTARY PUBLIC STATE OF CALIFORY= \ COUNTY OF oan ; ss. LJG! . On I- z6! /S89 before me, the Notary Public in and for said State, personally appeared < personally known to me or proved to me on the basis of satisfactory eviden the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation rhat executed the within instrument on behalf 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. (Seal) seal. NOTARwtiLM.2 -.--- ~- STATE! OF CALIFORNIA COUNTY OF Ormlpe ,’ SS. On r 28,19‘B9 Notary Public in and rbr said State, personally appeared personally known to me or proved to me on the the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership a Delaware Limited Partnership, the partnership that executed the within in&ument 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. (Seal) MiJl.t& NOTARY PUljLIe Notary Publlc-Cdifomla ORANGE COUNTY MY Canm. Exp. Jan. 31.1992 159-l 6 09/28/89 PR 3.3.14 APN 216-l ll-O1,03 EXHIBIT “A LEGAL DESCRIPTION FOR EASEMENT PURPOSES TO THE CITY OF CARLSBAD PARCEL 1 AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A SEWER LINE AND APPURTENANCES OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND. A PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 12409 FILED IN SAID COUNTY AS F/P NO. 89- 345850, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH,-LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 34; THENCE SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 34, SOUTH 00 OO5’19” EAST, 1032.14 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING GENERAL UTILITY EASEMENT, FILED IN THE OFFICE OF SAID COUNTY ON MARCH 11,1976, AS F/P 76-071622. THENCE ALONG THE CENTERLINE OF SAID EXISTING EASEMENT, NORTH 89°30’OO” EAST, 133.17 FEET; THENCE NORTH 81 oOO’OO” EAST, 547.00 FEET; THENCE NORTH 37°00’OO” EAST, 222.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 75°40’OO” EAST, 327.50 FEET TO A POINT OF TERMINUS AND A POINT ON THE CENTERLINE OF SAID EXISTING EASEMENT. THE SIDELINES OF SAID 20.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN IN THE SOUTH EASTERLY SIDELINE AND END IN THE WESTERLY SIDELINE OF SAID UTILITY EASEMENT. SAID EASEMENT CONTAINS 5434 SQUARE FEET, MORE OR LESS. I /g&/a/& KEITH A. GILLFILLAN, FE;~E 30434 DATED SEPTEMBER 28,1989 IL---. GRAPHIC SCALE ( IN FEET ) 1 INCH= 200 FT OX. 5434 SC?. FT.) SECTION 34 BASIS OF BEARING THE NORTHERLY PORTION OF THE NORTH-SOUM l/4 LINE OF SECTION 34 AS SHOWN ON * R.O.S. 6269 I.E. N 00’05’19”W c EXISTING GENERAL UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD PER DOC . NO. 76-07162, RECORDED MARCH 11, 1976. NORTH-SOUTH l/4 LINE l/4 SECTION LINE PROJECT NAME: AYERS SEWER EASEMENT APN 216-111-01, 03 PROJ. NO. EXHIBIT PR 3.3.14 B CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated September 21, 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. 89-389 I adopted on November 7, 1989 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 8, 1989 By: ZiIiZ2W , ALETHA L. RAuTENKRANz, CityjClerk RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1200 Elm Avenue i Carlsbad, CA 92008 1 Space above this line for Recorder's use. PR 3.3.14 SUBORDINATION AGREEMENT APN 216-110-01, 03 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 YALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 7%hday of sepmr 19& by 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 Lot 2 of Carlsbad Tract 85-35 Aviara Phase 1, Unit A, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 12409 filed in the office of the County Recorder of said County on June 19, 1989, 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 and 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 September 2*#1v*!n f avor of the City of Carlsbad as 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 tb 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 3. note secured by the deed of trust above mentioned h%% 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 Coptqany, General Partner By: ti "w+d p CVG y2wsa Kevin P. McKenna, Assistant Vice President X'jN . D.L. Clemehs;/bdice President -- By: Tom Strobel, Vice President 1 .R'--' . . _~ Republic Dev#jopment Company, General Qrtner ' \ NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND ThE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A 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: VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) STATE OF CALIFORNIA CO1JN-I-Y OF ~/-~i~je j ss+ On Fadma- 28, /w? before me, the undersigned, a Notary Public in and f& said State, personally appeared 3dln R. Ih 4-u personally known to me or proved to me on the basis of satisfactory evidence to the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf 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 and official seal. (Seal) LISA M. WAlTS Notary PuMlc4allfomla ORANGE COUNN NOTARY PUl!&l~ -- -- -1, I.“. J On September 29. 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin P MrKQana 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 President, and personally known to me or proved to me on the basis of satisfactory evidence to be thq person who executed the within instrument as the VlCe President &Lr&$ that executed the within instrument to .me that such corporation executed the @hi . . _ board of directors. (This area for official notarial seal) \ - 159-16 09/28/89 PR 3.3.14 APN 216-l 1 l-01,03 EXHIBIT “A LEGAL DESCRIPTION FOR EASEMENT PURPOSES TO THE CITY OF CARLSBAD PARCEL 1 AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A SEWER LINE AND APPURTENANCES OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND. A PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 12409 FILED IN SAID COUNTY AS F/P NO. 89- 345850, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 34; THENCE SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 34, SOUTH OO”05’19” EAST, 1032.14 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING GENERAL UTILITY EASEMENT, FILED IN THE OFFICE OF SAID COUNTY ON MARCH 11,1976, AS F/P 76-071622. THENCE ALONG THE CENTERLINE OF SAID EXISTING EASEMENT, NORTH 89°3Q’00” EAST, 133.17 FEET; THENCE NORTH 81 oOO’OO” EAST, 547.00 FEET; THENCE NORTH 37°00’OO” EAST, 222.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 75O40’00” EAST, 327.50 FEET TO A POINT OF TERMINUS AND A POINT ON THE CENTERLINE OF SAID EXISTING EASEMENT. THE SIDELINES OF SAID 20.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN IN THE SOUTH EASTERLY SIDELINE AND END IN THE WESTERLY SIDELINE OF SAID UTILITY EASEMENT. SAID EASEMENT CONTAINS 5434 SQUARE FEET, MORE OR LESS. ‘ , /kL/@. H& KEITH A. GILLFILLAN, RCl! 30434 DATED SEPTEMBER 28,1989 / rL= l A GRAPHIC SCALE )’ 0. // 2qo 9 1qo 2QO 'li bog I/ @q // en3 // * 0 ( IN FEET 1 1 / 0 1 ItiCH= 200’ FT , &i&b! .&j?tj?t ?‘W/W KEITH A. GlLLFILlAN N 56’2O’OO”W DATE PROFESSIONAL ENGINEER NO. 30434 SECTION 34 TIZS, R4W S.B.M. MAP NO. 12409 BASIS OF BEARING THE NORTHERLY PORTION OF THE NORTH-SOUTH l/4 LINE OF SECTION 34 AS SHOWN ON R.O.S. 6269 I.E. N 00’05’19”W ‘it93 Q EXISTING GENERAL UTILITY -4 \\sg EASEMENT GRANTED TO THE \ 1g.g CITY OF CARLSBAD PER \! ri; DOC . NO. 76-07162, RECORDED MARCH 11, 1976. NORTH l/4 CORNER, SECTION 34 NORTH-SOUTH l/4 LINE N 0’05’19”W 1032.14' l/4 SECTION LINE I APN 216-111-01, 03 1 PROJECT NAME: PROJ. NO. EXHIBIT AYERS SEWER EASEMENT PR 3.3.14 B LUKE-DUDEK 605 Third Street, Encinitas, CA 92024 159-l 6E g/28/89 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 - 3 89 A RESOLUTION OF THE CH-Y COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, ACCEPTING A GRANT DEED. WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant Deed conveying an easement to the City of Carlsbad for sewer purposes over a portion of Lot 2 of Map 12409; and WHEREAS, First Interstate Bank of California has submitted a Subordination Agreement causing said easement to be prior and superior to the lien or charge of the deed of trust on the property; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deed and Subordination Agreement; 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 Associations Limited Partnership dated September 28, 1989, conveying an easement for sewer purposes over a portion -. of Lot 2 of Map 12409 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 First Interstate Bank of California, dated September 29, 1989, causing said easement to be a charge on the land prior and superior to the lien or charge of the deed of trust and which is on file with the City Clerk and incorporated herein by reference, is accepted. /// L 1 . 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 the Office of the County Recorder of San Diego County, 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 7th day of November, 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 C!k (=W