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HomeMy WebLinkAbout1990-12-04; City Council; 10930; ACCEPTANCE OF A GRANT DEED FOR GENERAL PURPOSES UTILITY AND ACCESS PURPOSES PR 2.3.22AB# tt’, 5 ‘3c TITLE: ACCEPTANCE OF A GRANT DEED FOR GENERAL UTILITY AND ACCESS PURPOSES MTG. 17-4-40 PR 2.3.22 DEPT. ENC. DEPT. CITY E CITY n m ,-d 2“’ 0 .. 2 9 6 a 2 0 z 3 0 0 GlFF CARLSBAD - ACitNUwILL +I, RECOMMENDED ACTION: _* Adopt Resolution No. -IF ’ accepting a Grant Deed and Subordination AgrG for the dedication of a general utility and access easement and direct the Cit) to cause said deed and subordination agreement to be recorded in the office County Recorder. ITEM EXPLANATION: As a condition of approval for Lot 1, CT 81 -1 9 the owner, Mar Pointe LTD., is re to offer for dedication a 30 foot easement, which will allow the City to maintain underground utilities. The centerline of said easement follows the centerline o CT, a private street in Lot 1 of the subdivision Mar Y Montanas. FISCAL IMPACT: Requiring dedication as a condition of development will save the City expense: f u t u re right-of-way acq u isi t i on s . EXHIBITS: 1. Location Map. 2. Grant Deed from Mar Pointe LTD., dated October 30, 1990. 3. Subordination Agreement from Bank of the West dated August 27, 19 4. Resolution No. ‘IL “1 \?‘i-- accepting a Grant Deed and Suborc Agreement for general utility and access purposes. I VICINITY MAP 1113. #MWll UTlW7 AND tWH9 €,S€#€NT 0 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO 1 Name I City Clerk's Office City of Carlsbad Street Address 1200 Elm Avenue City & Carlsbad, CA 92008 State I I MAIL TAX STATEMENTS TO I 1 Name Street Address 1200 Elm Avenue City & Carlsbad, CA 92008 State City of Carlsbad I I SPACE ABOVE THIS LINE FOR RECORDER'S USE PARTNERSHIP GRANT DEED PR 2.3.22 CT 81-19 OF EASEMENT APN 167-540-09 Q6 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 Easement ( ) 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, Mar Pointe, a Limited Partnership organized under the laws of the State of California hereby GRANTS to City of Carlsbad, a California Municipal Corporation, the following described real property in the County of San Diego, State of California: An easement for general utility and access purposes over, under and across the property described ii consisting of 2 Pages attached hereto and made a part hereof. Exhibit "B" is provided for clarity on1 DATED) /rJa9/9 0 MAR POINTE LIMITED PARTNERSHIP By: PILCHERS INTERNATIONAL OF TE as General Partner 1 COUNTY OF 1 On %301 fq Tb before me, the By: dd- L z C. R. Hefner, Jr., Y<ce President undersigned, a Notary Pub 'c in and for sai State, personally appeared fl . v. #*!R 2 y-----lly Gn~m % me or proved to me on the basis of satisfactory evidence to be the person(s of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. . \ who executed the within instrument as ///yp - bua WITNESS my hand and official seal. /%f&&* )& \ Signature I c - v (This area for official notarial seal) 11' L MAIL THIS STATEMENT AS DIRECTED ABOVE 0 0 I .l 1;; f.., k-j 1;; ;?I -1- E f- .,< 1- ._ L. ....I -1 1 u -1 1 r, l'r : 1::. ri I-.! c; ,t I <: 12 (1 y- et ;>. p' -,,j n .!' 1-1 I. !L e 1-1 e :- s .i n r_ ;"F' 17 ;>. .t. :L Iri r-! .:,. 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".J E. is. t f.: re.3.i of. 5.aj. rj i::orpc~p--3~.1 an 9 thi 5. 1ibtJ-I ,c,~ ..,,.? -e- .3,:5 11 1) e E. 12 1 2 5 i g 1-1 a. t 1.1. r- e a I,-! I,: n a r- i i.1 .y .i: 0 1- b ,y .I: h e ,2 0 .g. p- !-i , 5. ~3 j. cj c g r- p c) 17 a .k 1. 0 r-1 F a r-14 _- . .'&J 1 Cij? ~ :;**: . *( ;x/, .a. $ ?, ! '. i>, . . A'; , .?,Y .: :. >* 7)'- j'. y,.; ..&At .. .. -' :-.> : . I - .. .- -/x. !" : 4 i r: ' ~. ~ e. ., u .- .. . ..- l..? \, * .; ,?> i .,A .':f>;,'. ' . I, y?q+ 1 p. *< .__ ' ' ' :.i. -- FCRM I -- DAW~( :RES5 L Exhit RICK ENGINEERING COMPANY %"IE?KsGI/Y~KSS 365 SO RANCHO SANTA FE ROAD SUITE 100 SAN MARCOS, CALIFORNIA 92069 619/744-4800 JOE NO LEGAL DESCRIPTION FOR. ' BY DATE JW 10687 GENERAL UTILITY AND ACCESS EASEMENT CHK'DJC 15-04-89 An easement being in the City of Carlsbad, County of San Diec State of California and being a portion of Lot 1 per Map P 11595, filed in the office of the County Recorder, in SE County, in said state, more particularly described as follows: Parcel A A strip of land being 30.00 feet wide, lying 15.00 feet on e? side, measured at right angles and parallel with the follow: described centerline: COMMENCING at the most Northerly corner of said Lot 1, sz corner being on a point of a non-tangent 1230.00 foot rad. curve concaved Westerly, a radial line to said point bears Sol 88"35'36'' East: thence along the Westerly boundary line of si Lot 1 and Southerly along the arc of said curve through a cent] angle of 5"21'25:, a distance of 115.00 feet to the TRUE POINT BEGINNING; thence radially South 83"1411111 East 11.38 feet; the beginning of a tangent 100.00 foot radius curve conci Southerly: thence Easterly along the arc of said curve througl central angle of 20"431371, a distance of 36.18 feet: the] tangent to said curve South 62"3013411 East 80.92 feet to 1 beginning of a tangent 100.00 foot radius curve coria Southwesterly: thence Southeasterly along the arc of said cu: through a central angle of 45"4410011, a distance of 79.82 fec thence tangent to said curve South 16°4613411 East 75.91 feet the beginning of a tangent 150.00 foot radius curve cone( Westerly; thence Southerly along the arc of said curve througl central angle of 51°2514211, a distance of 134.64 feet: the) tangent to said curve South 34°391081t West 61.18 feet to a PO herein described as point A-1, said point also being * TITLE CO. REFERENCE REVISIONS COMPANY DESCRIPTION BY OAT DATE JLW ORDERNO I RICK ENGINEERING COMPANY %*~"c~~LcKsC~'NTEAElkTSS Exhik 365 SO RANCHO SANTA FE ROAD SUITE 100 SAN MARCOS, CALIFORNIA 92069 619/744-4800 JOB NO. LEGAL DESCRIPTION FOR: ' BY DATE TW JC 10687 GENERAL 'JTILITY AND ACCESS EASEMENT CHK'D. .5-04-89 Parcel A (continued) The sidelines of said easement shall be lengthened or shorter to begin on said Westerly boundary line and shall terminate right angles through the POINT OF TERMINATION. Parcel A-1 A strip of land being 10.00 feet wide, lying 5.00 feet on ee side, measured at right angles and parallel with the follow described centerline: BEGINNING at the above-described point A-1; thence No 55"20'52" West 17.00 feet to the POINT OF TERMINATION. The sidelines of said easement shall be lengthened or shorte to begin at right angles through the POINT OF BEGINNING and sh terminate at right angles through the POINT OF TERMINATION. Parcel A-2 A strip of land being 10.00 feet wide, lying 5.00 feet on e side, measured at right angles and parallel with the follow described centerline: BEGINNING at the above-described point A-2; thence So j - -I NS 5059 EL-. 12-31-90 COMPANY TITLE CO. REFERENCE ORDER No. DATE DESCRIPTION REVISION! BY Dl JLW n RICK ENOINIIRINO C( LEGAL DESCRIPTION FOR CIVIL eNQINEERa-BUAV.VOR8 PROPOSED GENERAL UTI LIT)' 5620 FRIARS ROAD SAN DIEGO CALIFORNIA 0211 1088 PI0 PIC0 DRIVE CARLSBAD CALIFORNIA 9201 165 S RANCHO SANTA FE RD SAN UARCOS CA 92 B AND ACCESS EASEMENT FGOJECT NLJMEEJ' 2-30 22 J REVBfQ 5-04-89 SCALE I 'I= 80' 1 OATE 2 a 0 1 WHEN RECORDED MAIL TO: ) City Clerk's Office 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 1 0 RECORDING REQUESTED BY AND Space above this line for Recorder' 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 INTERERT. THIS AGREEMENT, made this 77 day of- by Mar Pointe Limited Partnership hereinafter referred to as ' owner of the land and Bank of the West, hereinafter referrc ltBeneficiaryl8; present owner and holder of the deed of tru: inafter described; WITNESSETH THAT WHEREAS, Mar Pointe Limited Partnership did e deed of trust, dated February 9, 1990, to First Sant Corporation, as trustee, covering Lot 1 of Carlsbad Trac according to Map No. 11595, to secure a note in the sum million seven hundred fifty thousand ($5,750,000) dated Feb 1990, in favor of Bank of the West recorded in the office County Recorder of San Diego County on February 13, 1990, as 90-080318 of Official Records of said county; and WHEREAS, Owner has executed, or is about to exec grantor, a grant of Easement dated March 19, 1990, in favo: City of Carlsbad as grantee herein referred to as '#Easement G creating an Easement more particularly described in Exhibit A hereto: and 1 e 0 WHEREAS, Easement Grantee is willing to accept said E provided the grant of Easement is a charge upon the above de property prior and superior to the lien or charge of the deed c above mentioned and provided that beneficiary will specifica unconditionally subordinate the lien or charge of the deed c above mentioned to the lien or charge of the Easement created : of Easement Grantee: and WHEREAS, it is to the mutual benefit of the parties that Easement Grantee accept said Easement and Beneficiary is that the grant of Easement shall, when recorded, constitute E upon said land which is unconditionally prior and superior to I or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual k accruing to the parties hereto and other valuable consideratj receipt and sufficiency of which consideration is hereby acknot and in order to induce Easement Grantee to accept said Easemei referred to, it is hereby declared, understood and agreed as 1 1. That said Easement in favor of Easement Grantc unconditionally be and remain at all times a charge on the E therein described, prior and superior to the lien or charge deed of trust above mentioned. 2. That Easement Grantee would not accept said I above described without this subordination agreement. 3. That this agreement shall be the whole a agreement with regard to the subordination of the lien or cl the deed of trust above mentioned to the Easement in favor of 1 2 0 m Grantee above referred to and shall supersede and cancel, b insofar as would affect the priority between the deed of tr Easement hereinbefore specifically described, any prior agree to such subordination including, but not limited, those pro\ if any, contained in the deed of trust above mentioned, which for the subordination of the lien or charge thereof to interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that 1. He consents to and approved the grant of Easc favor of the Easement Grantee. 2. He intentionally and unconditionally relinquishes and subordinates the lien or charge of the deed ( above mentioned to the Easement in favor of Easement Grant€ referred to and understands that in reliance upon, consideration of, this waiver, relinquishment and subordinatic grant of Easement is being executed and delivered, the Ease being created, and that specific monetary and other obligatj being and will be entered into by the Easement Grantee, other and title insurance companies which would not be made or ente: but for said reliance upon the waiver, relinquishme subordination; and /// /// /// /// /// 3 0 3- An endorsement has been placed upon the note by the deed of trust above mentioned that said deed of trust this instrument been subordinated to the charge of the Easem favor of Easement Grantee above referred to. Executed this 97 day of-ust , 1990 . BENEFICIARY: CITY OF CARLSBAD a mu corporation of the St California Bank of the West > /i 1 By: fll!/& /;I [L r\l/A MARTIN OR~NYAK, for City I By: Rv - State of California County of San Diego 3 SS. CORPORATE ACKNOWLEDGMENT isfactory evidence within instrument as on behalf of the corporatl \l 7 .',u% VAilONAL NOTARY ASSOCIATION - 8236 Remrnet Ave -PO Box 7184 * Canog -120 122 TITLE CO. REFERENCE COMPANY DESCRIPTION REVISIONS ORDERNO. DATE BY DATE JLW TITLE CO. REFERENCE REVISIONS COMPANY DE SCRIPT ION ORDER NO. DATE ey DATE JLW 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I?' 0 RESOLUTION NO. 90-42 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR DEDICATION OF GENERAL UTlLlTYAND ACCESS PURPOSES - PR 2.3.22 WHEREAS, Mar Pointe LTD. has submitted a Grant Deed and Subordin Agreement conveying an easement to the City of Carlsbad for general utility and ac purposes Over a portion of Lot 1 ! CT 81 -1 9, Mar Y Montanas; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the F interest to accept said Deed and Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl, California, as follows; 1. 2. That the above recitations are true and correct. That the Grant Deed from Mar Pointe LTD. dated October 30, 199C Subordination Agreement conveying an easement for general utility and access purpose a portion of Lot 1 CT 81-19 to the City of Carlsbad which is on file with the City Clerk q incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Deed and Subordi Agreement to be recorded I.8 19 20 21 22 23 24 25 26 27 28 1 /I/ Ill Ill ill Ill Ill I// 111 111 Ill r 1 2 3 4 5 6 7 * 9 lo 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e in the Office of d e County Recorder of San Diego County, State of California, wi appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C held on the 4 t h day of Dec . , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson and Pettir NOES: None ABSENT: Council Me ATTEST: lLLt5L .d ALnHA L. w"TENK6iT (SEAL) !