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HomeMy WebLinkAbout1990-06-05; City Council; 10651; ACCEPTANCE OF A GRANT DEED FOR STREET RIGHT OF WAY PURPOSES 4030 PARK DRIVE PR 3.4.88. n :&I 6 tT k 4 .. z 0 + 0 - a $ z 3 0 0 vr umLamnv - nurN UILL 'I AB# '81 &$I TITLE: DEPT, CITY i MTG. 6-5-90 ACCEPTANCE OF A GRANT DEED FOR STREET RIGHT OF WAY PURPOSES DEPT.ENC. 4030 PARK DRIVE PR 3.4.88 CITY I RECOMMENDED ACTION: Adopt Resolution No. %-/, a accepting a Grant Deed and Su Agreement for street right of way purposes and directing City Clerk to cau and agreement to be recorded. ITEM EXPLANATION: The owners, Robert A. Perkins and Martie Perkins, have offered 9 feet of r along a portion of the southeasterly right of way of 4030 Park Drive for de street right of way purposes. The offer was made as a condition of I building permit in conformance with Chapter 18.40.030 of the Carlsbac Code. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expl future right-of-way acquisitions. EXHIBITS: 1. Location Map. 2. Grant Deed from Robert A. Perkins and Martie Perkins dated Marc 3. Subordination Agreement dated March 21, 1990 for a Deed of ' January 25, 1990 which affects that portion of Lot 1 of Block "H" ( City of Carlsbad. Map 2125 commonly known as San Diego Assessor Parcel 207-02 4. Resolution No. ffl-/'da accepting a Grant Deed and su agreement for street right of way purposes. I 1 YOCATION MAP ea APrll , PROJECT NAME PROJECT+ I 4030 Park Drive Street Dedication Robert A. & Martie Perkins PR 3.4.88 v I) HLLUHUINb HtUUtb I t' 1 AND WHEN RECORDED gy I ILTO r - Name Gjty of Garlsbad Street Address 1200 Elm Avenue City & Carlsbad, CA 92008 State L -I MAIL TAX STATEMENTS TO r 1 Name Street Address 1200 Elm Avenue City of Carlsbad City & Carlsbad, CA 92008 State L _I SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED ~~3.4.88 OF EASEMENT MN 207-021-04 The undersigned grantor(s) declare(s): 03,f Documentary transfer tax is $ 0.00 ( ) 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, Robcrt A. Perkins, Jr. and Martie Perkins hcrcby GRANTS to City of Carlsbad, a Municipal Corporation Ihe following described real property in the City of Carlsbad County of San Diego, State of California: an casement for street right of wqy easement as described in Exhibit "A" consisting of 1 page, allached hcreto and made a part hereof. Exhibit "B" consisting of 1 page is attached for clarity only. DATED March 14, 1990 1 STATE OF CALIFORNIA COUNNOF Sari Diego On March 14, 1990 before me, the undersigned, a Notary Public in and for said State, Name Martie Perkins personally appeared Robert A- Perkins 9 Jr . and Martie Perkins personally known to me FW-~~X~BR~E ba%WmlsFd~m to be the person(s) name(s) is/are subscribed to the within instrument ana acknowieagea to me triat4x?7sRwrney executed the same. NOTARY WBLlC - CKFORNU W DIEGO COUNTY Mv Corn ExPCo Jan 25, 1993 WITNESS my hand and official seal. Signature Aom1 A-r/& (This area for official notarial seal) _II___C.__^mC___Y_____m._____q -."--- -w-_Z___(_y_ ~- MAIL THIS STATEMENT AS DLRECIED ABOVE c e STREET DEDICATION RIGHT OF WAY PORTION OF PARK DRIVE EXHIBIT "A" THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUMTY, NOVEMl 16, 1896, TOGETHER WITH THAT PORTION OF LOT 1 IN BLOCK "H" OF BELLAVISTA, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COW MARCH 7, 1929, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1 IN BLOCK "H" OF BELLAVISTP SAID POINT BEING ON EASTERLY RIGHT OF WAY OF PARK DRIVE AS SHOWN ON SAID MAP 2152, THENCE SOUTH 26°11'00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY OF SAID PARK DRIVE, 75.00 FEET; THENCE LEAVING SAID NORTHNESTERLY LINE SOUTH 68"36'30" EAST, 9.03 FEET; THENCE NORTH 26O11'00" EAST, PARALLEL TO SAID NORTHWESTErnY LINE OF SAID LOT 1, 78.07 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO JOHN T. CURTIS, RECORDED MAY 5, 1943 IN BOOK 1497, PAGE 129 OF OFFICIAL RECC THENCE NORTH 86'50'32" WEST ALONG THE NORTHERLY LINE OF SAID LAND DESCRIBED IN SAID DEED TO JOHN T. CURTIS, ET UX, 9.78 FEET TO THE POINT OF BEGINNING. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THERE( AERA OF DEDICATION, 688.82 SQUARE FEET. * ,$ I 7c i' n,Lli2vl_, ' ' 03/27/90 R. Melc$ior, L.S. 4611 Date tration Expires: 09/30/90 8 BEARING DISTL E LINE 1 N 4°57'00''W 2 S86"50'32"E 3 N68°36'30"W C 4 : SCALE 1" = L vA 9' STREET DEDI cn ASSESSOR'S PARCEL 1 cn ww *cn 0)- IUW -0 POF. LOT 1 BLCCK "H" L.S. 4611 VICINITY MAP REGISTRATION EXPIRES, 9-30- d F /f&',qI/,&J7 PR 3.4. OWNERS: "1' /o /A ,i' fl(?XU\ 17 l!t;.;L ROBER? A. PERK s MARTIE PERKINS EXHIBIT " B " MELCHIOR LAND SURVEYING INC, STREET DEDICATION RIGHT OF WAY PLAT 5731 PALMER WAY SUITE G CARLSBAD. CA. 92008 619-438-1726 JN 1010-89 1-9-90 L PR?A' 0 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 Space above this line for Recorder' SUBORDINATION AGREEMENT NOT1 CE : 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 AGREEMENT, made this 21st day of March 19% by A. Perkins, Jr. and Martie Perkins hereinafter referred to as "Owner," c the land and Homefed Bank, Federal Savings Bank, hereinafter referrec "Beneficiary"; present owner and holder of the deed of trust here described; WITNESSETH THAT WHEREAS, Robert A. Perkins, Jr. and Martie Perkins did a deed of trust, January 25, 1990, to Homefed Bank, Federal Savings B trustee, covering that portion of Lot 1 of Rancho Agua Hedionda Map 823 t with that portion of Lot 1 of Block "H" of Bellavista Map 2125 Common1 as San Diego Assessor Parcel 207-021-04 to secure a note in the sum hundred twenty five thousand dollars ($225,000.00) dated January 25, 1 favor of Homefed Bank, Federal Savings Bank recorded in the office of thc Recorder of San Diego County on February 2, 1990, as File No. 90-06 Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as gra grant of Easement dated March 149 1990 , in favor of the City of Carl e 0 grantee herein referred to as ”Easement Grantee,” creating an Easeme particularly described in Exhibit A attached hereto; and WHEREAS, Easement Grantee is willing to accept said E provided the grant of Easement is a charge upon the above described F prior and superior to the lien or charge of the deed of trust above me and provided that beneficiary will specifically and unconditionally subc the lien or charge of the deed of trust above mentioned to the lien or of the Easement created in favor of Easement Grantee; ana WHEREAS, it is to the mutual benefit of the parties here Easement Grantee accept said Easement and Beneficiary is willing that tl of Easement shall, when recorded, constitute a charge upon said land b unconditionally prior and superior to the lien or charge of the deed ( above mentioned. NOW, THEREFORE, ‘in consideration of the mutual benefits i to the parties hereto and other valuable consideration, the rece sufficiency of which consideration is hereby acknowledged, and in o induce Easement Grantee to accept said Easement above referred to, it i: decl ared, understood and agreed as fol lows: 1. That said Easement in favor of Easement Grantec unconditionally be and remain at all times a charge on the property described, prior and superior to the lien or charge of the deed of tru! mentioned. 2. That Easement Grantee would not accept said Easemer described without this subordination agreement. 3. That this agreement shall be the whole and only agreem regard to the subordination of the lien or charge of the deed of tru! mentioned to the Easement in favor of Easement Grantee above referrec I e 0 shall supersede and cancel, but only insofar as would affect the F between the deed of trust and Easement hereinbefore specifically descrit prior agreement as to such subordination including, but not limited provisions, if any, contained in the deed of trust above mentioned provide for the subordination of the lien or charge thereof to another i in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of Easement in 1 the Easement Grantee. 2. He intentionally and unconditionally waives, re1 inqui subordinates the lien or charge of the deed of trust above mentioned Easement in favor of Easement Grantee above referred to and understands re1 iance upon, and in consideration of, this waiver, relinquishml subordination of the grant of Easement is being executed and deliver Easement is being created, and that specific monetary and other obligat being and will be entered into by the Easement Grantee, other lenders at insurance companies which would not be made or entered into but f reliance upon the waiver, re1 inquishment and subordination; and 3. An endorsement has been placed upon the note securec deed of trust above mentioned that said deed of trust has by this in: been subordinated to the charge of the Easement in favor of Easement above referred to. /// /// /// /// /// I X -I w , personally known to me S a < ~3~~~WfKCbXkWQlCX&~&h~p~&rmrx to be + the persons whose name S subscribed to the within instrument and acknowledged that theY exe- cuted the same WITNESS my hand and official seal i i 4- 4- NOTARY muc - CALF( SAN DIEGO COUNP (This area for official notarial ZC. \ G \ 5 '$ : O c! i 3 ,O 2 o 5 S: SEAL MARLH 71 ;-, before me, STATE OF CALIFORNIA COUNTYOF SAN D I EGO On the undersigned Notary Public, personally appeared PATTI A. MURPH WFlClAl SmL' (personally known to me)(proved on the basis of satisfactory evidence) to be the VICF President, W w-ymmw x%kMX& of the corporation that executed the within instrument to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolution, of its Board of Directors -~ 1 ss XC~~~W~~~~~ ~M~MWW~~PW~XM~MMK XM &xi1 ~~4~4~figt~~ *lg Signature z I c 2 i; d 1 0 8 5 l- 5 2 z o 5 2 SEAL , before me, COUNTY OF On April ?6, 1990 the undersi ned Notary Public, personally appeared (personally known to me)(proved on the basis of satisfactory evidence) 1 5s STATE OF CALIFORNIA flee Decker OfFlClAl SEAL DIA WILLINGHA to be the Vice President, &tit% HOfARY PUBLIC. CALIMR ~~~~~nx~w knww xtRxmR#Nmal NPJXrXIRXm xkec J3NX1Xxd %RPi$amm PRINCIPAL OTFICF IN SAN DlCGO COUNTY My Cornmisston EXD December 1 &%kHitEKW&%W %%Hag of the corporation that executed the within instrument to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed thesame, pursuant to its laws, ora resolution, of its Board of Directors. . g*r Signature 1 -/ LL!uAd t-IOME FEDW 0 0 STREET DEDICATION RIGHT OF WA' PORTION OF PARK DRIVE EXHIBIT "A" THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THERl NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, TOGETHER WITH THAT PORTION OF LOT 1 IN BLOCK "H" OF BELLA- VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC- CORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER 0' SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1 IN BLOCK "H" OF BELLAVIS' SAID POINT BEING ON EASTERLY RIGHT OF WAY OF PARK DRIVE AS SHOWN ON SAID MAP 2152, THENCE SOUTH 26"11'00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT I, SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY OF SAID PARK DRIVE, 75.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 68"36'30" EAST, 9.03 FEET; THENCE NORTH 26"11'00" EAST, PARALLEL TO SAID NORTHWESTERLY LINE OF SAID LOT 78.07 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO JOHN T. CURTIS, RECORDED MAY 5, 1943 IN BOOK 1497, PAGE 129 OF OFFICIAL RECOR! THENCE 86"50'32" WEST ALONG THE NORTHERLY LINE OF SAID LAND DESCRIBED IN SAID DEED TO JOHN T. CURTIS, ET UX, 9.78 FEET TO THE POINT OF BEGINNING. AREA OF DEDICATION, 688.82 SQUARE FEET. // [\ ". LJyM ;.lLc,L, ( 03/05/90 Douglas R.(MelchiorJ L.S. 46-1 1- Date My Registration Expires: 09/30/90 LINE BEARING DISTANCE PARK DR,IVE I F I I I I I I I I I I I 1 I LOT 1 I :K “H” : 2152 I I ‘8EG1N&J7 SCALE 1” = 4O’ , i \ Eml 9’ STREET DEDICATIOh ASSESSOR’S 207-021-04 LOT I 823 PARCEL NUMBER + I137 82’ 52.82’ &So ii ‘oo-w 85.00’ L.S. 4611 REGISTRAT VICINITY ‘MAP (NTS) MARTIE PERKINS PR 3.4.88 MELCHIOR.LAND SURVEYING INC. 5731 ‘PALMER WAY SUITE G EXHIBIT n 8 n CARLSBAD, CA. 92008 619-438-1726 STREET DEDICATION JN 1010-89 a-9-90 RIGHT OF WAY PLAT PR 3.4.88 e 4:4Q -., c?12 ".'/ 6 df$ q@ ' QYO O47- /I 1' c,; 1% 1 &HomeFedBank /?I$(/ 0 '9c pJ Sb0 'P RESOLUTION OF THE BOARD OF DIRECTORS "The Bank next discussed the designation of signing authoritie on behalf of the Bank. After discussion, upon motion duly mad and seconded, the following resolution was unanimously passed: RESOLVED, that any corporate officers, as appointed by th Board of Directors each year, identified either as member of the Executive Group, having the functional titles contained in Exhibit D, attached to these minutes and mad a part hereof by this reference, or as Vice Presidents, acting individually, shall have the authority to sign, verify, acknowledge and deliver in the name of and on behalf of the Bank, any and all documents and instruments of writing whatever, including instruments of conveyance property and for the release of obligations to the Bank; RESOLVED, FURTHER, that any two (2) members of the Executive Group, acting together, be and they hereby are, empowered to designate individual(s) who shall have the authority to sign, verify, acknowledge and deliver in the name of and on behalf of the Bank, any and all documents and instruments of writing whatever, including instrument of conveyance of property and for the release of obligations to the Bank, and shall file such designatiom with the office of the Corporate Secretary in the manner prescribed by the Corporate Secretary; and RESOLVED, FURTHER, that any instrument of conveyance of property, release of obligation or execution of evidence of indebtedness wherein the dollar amount of the transaction equals or exceeds the sum of fifty thousand dollars ($50,000) shall be executed by any two (23 of the officers or designated individuals, and that on any instrument of writing requiring the affixation of the seal of the Corporation, any one of the officers or designated individuals, not having signed the instruments, may, in the absence of the Secretary, perform the function and attest to the affixation of the seal of the Corporation.ll I < $11 (.it '> 1v t~tj I\ II k e 0 CERTIFICATE OF SECRETARY I, Denise E. Botticelli, hereby certify that I am the du elected, qualified and acting Secretary of HomeFed Bank, Federal Savings Bank, and that the foregoing is a true and exac excerpt from the minutes of the Board of Directors meetinc duly called and held on the 22nd day of January, 1990, at which meeting a quorum was at all times present. resolution has not been amended or modified and is now,in full force and effect in the form attached. Such b - 3- Denise E. Botticelli, Secretdry Dated at San Diego, California this 16th day of April, 1990. i -2- e a Exhibit D HOMEFED BANK, F.S.B. EXECUTIVE GROUP Executive o Chairman of the Board o President and Chief Executive Officer o Vice Chairman of the Board o Associate General Counsel and Corporate Secretary Credit Policv o Chief Credit Officer o Manager/Asset Management o Director/Real Estate Research Financial o Chief Financial Officer o Director/Bank Operations and Loan Service o Chief Financial Officer/Subsidiary Accounting o Controller o Treasurer o Director/Corporate Tax & Corporate Transportation o Chief Accounting Officer o Chief Information Officer o Managing Director/Secondary Market o Director/Information Services Lendinq o Chief Operating Officer/Real Estate Development and National Real Estate Lending Groups o Managing Director, Eastern Division/National Real Estate Lending Group o Regional Director,/Home Capital Development Group-HomeFed Communities, Northwest Region o Regional Director,/Home Capital Development Group-HomeFed Communities, Southwest Region o Assistant Treasurer o Managing DirectorJNational Real Estate Lending Group o Managing Director, San Diego Division/National Real Estate o Director/Home Capital Development Group-HomeFed Communities, Lending Group Wholly Owned Communities a e Lendinq (Cont’d) o Managing Director, LA-Orange Division/National Real Estate Lending Group Communities, Eastern Region Estate Lending Group o Regional Director/Home Capital Development Group-HomeFed o Managing Director, Northern California Division/National Real Consumer Bankinq o Chief Operating Officer/Consumer Banking o Northern California Area Manager/Retail Banking o LA-Orange Area Manager/Retail Banking o Central California Area Manager/Retail Banking o Director/Marketing o Managing Director/Private Banking and Trust o Administrative Manager/Consumer Banking o Group Manager/Sales and Service o Managing Director/Consumer Finance o Director/Retail Banking o San Diego Area Manager/Retail Banking o Director/Advertising Corporate Services o General Counsel and Chief Administrative Officer o Chief Internal Auditor o President/Home Fed Insurance Services o Associate General Counsel and Director/Legal Services o Director/Administrative Services o Director/Real Estate Services o Director/Human Resources : o Chief Operating Officer/Mortgage Lending and Corporate Banking Groups o Chief Appraiser o Managing Director/Corporate Banking o Managing DirectorI/Wholesale Residential Lending o Director/Residential Lending o Managing Director/Retail Lending o Manager/California Lending Unit o Managing Director/Merchant Banking and Corporate Finance o Division Credit Administrator o Real Estate Loan Administration o Director/Real Estate Loan Administration o Manager/National Accounts -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 a RESOLUTION NO. 90-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED. WHEREAS, Robert A. Perkins and Martie Perkins have submitted a Grant 1 Subordination Agreement conveying an easement to the City of Carlsbad for stre way purposes over a portion of 4030 Park Drive; and WHEREAS, the City Council of the City of Carlsbad determined it to be in interest to accept said Deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 0. California, as follows: 1. 2. That the above recitations are true and correct. That the Grant Deed from Robert A. Perkins and Martie Perkins, d: 14, 1990, and the Subordination Agreement dated March 21, 1990 conveying ar for right of way purposes over a portion of 4030 Park Drive to the City of Carlsb: on file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Deed, and t Subordination Agreement to be recorded in the Office of the County Recorder of /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 a @ County, State of California, with the appropriate Certificate of Acceptance attache PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci held on the 5th day of June , 1990 by the following vote, to wit: AYES: Council Members Lewis, Mamaux and Larson NOES: None ABSENT: Cou ettine ATTEST: &,% 2 ALETiIA L. RAUTEN (SEAL)