HomeMy WebLinkAbout1990-12-04; City Council; 10931; ACCEPTANCE OF A GRANT DEED FOR SEWER PURPOSES PR 3.3.13t:*;
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CITY i ACCEPTANCE OF A GRANT DEED
FOR SEWER PURPOSES MTG. 17-4-9n
DEPT. EN@. PR 3.3.13 CITY I
RECOMMENDED ACTION:
Adopt Resolution No. ‘IC accepting a Grant Deed of Easem
Subordination Agreement for sewer purposes and direct the City Clerk to
deed and subordination agreement to be recorded in the office of the County
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ITEM EXPLANATION:
As a condition of approval for Lot 1, CT 81-19, the owner, Mar Point
required to offer for dedication a 15’ sewer easement which will allow t
maintain an underground public sewer. Said easement runs over a port
northwest section of Lot 1 of the subdivsion Mar Y Montanas, and abuts Cel
to the west.
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City e
future right-of-way acquisitions.
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,
4. Resolution No. ‘it. ‘i 3 $ accepting a Grant Deed and Sub
Agreement for sewer purposes.
LOCATION MAP
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I PROJECT NO. E CT BW9 PROJECT NAME:
I PRDR99"D SEWER EWEMEN7 PI? 3.3. /3 I
e W 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
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MAIL TAX STATEMENTS TO
I 1 Name
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008 State
City of Carlsbad
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
PARTNERSHIP GRANT DEED PR 3.3.13 CT 81-19
OF EASEMENT APN 167-540-09
The undcrsigncd grantor(s) dcclarc(s): @I+ Docurncntary transfer tax is $ 0.00 Eascmcnt ( ) computed on full value of propcrty convcycd, or
( ) computcd on full value less value of liens and encumbrances remaining at time of salc.
( ) Unincorporated arca: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hcreby acknowlcdgcd,
Mar Pointc, a Limitcd Partnership
organi~cd under thc laws of the State of California hcreby GRANTS to
City of Carlsbad, a California Municipal Corporation, a sewer easement, ovcr across and upon
the following dcscribcd real propcrty in thc County of San Dicgo, State of California:
Scc lcgal description, Exhibit "A consisting of 1 Page attachcd hereto and made a part licrcol.
Exhibit "B" is rovidcd for clarity only.
DATED /o 30 46
MAR POINTE LIMITED PARTNERSI-IIP By: PILCNERS INTERNATIONAL OF ?'EX as General Partner
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STATE OF CALIFORNIA 1 1 COUNTY OF (% a40 ___ U
On &Ed%%% 39 /yfO bcfore mc, the
undcrsigncd, a Notary Public 1 and for s id State, By:
personally appcarcd 0 X 'Ll&ou4.$
pcrsonally known to me or proved to me on the
basis of satisfactory evidence to be the person(s
who cxccutcd the within instrumcnt as Urn h,d&
of the partners of thc partnership that executed
[Le ,,b wi:hin instrument, znd acknowledged to me that such
partnership cxccutcd the same.
WITNESS my hand and official seal. NOTARY PUPjllC - CI?lIFORN!A SAN DiEGO COUNN
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Signaturc '&"Jz. 7 t,@&j- (This arca for official notarial scal)
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* RlCK ENGINEERING COMPANY ',L,",""C'~,"%Y%%
365 SO RANCHO SANTA FE ROAD 0 SUITE 100
PO%<( &&.DAC;O PRESS -- Exhib.
SAN MARCOS, CALIFORNIA 92069 619/744-4800
I BY DATE LEGAL DESCRIPTION FOR. JLW JOB NO.
10687 PROPOSED SEWER EASEMENT CHK'D- JT- 5-8-89
An easement being in the City of Carlsbad, County of San Diego
State of California, and being a portion of Lot 1 per Map No
11595, filed in the Office of the County Recorder in sai
County, in said State, more particularly described as follows:
BEGINNING at the most Northerly corner of said Lot 1; thenc along the Northeasterly boundary line of said Lot Sout
62"3O134I1 East 16.68 feet to a point on a non-tangent 1245.0
foot radius curve concaved Westerly, a radial line to said poin bears South 88"15'21" East; thence leaving said boundary lin
and Southerly along the arc of said curve through a centra
said curve South 1"3010011 East 36.35 feet to a point on a non
tangent 112.00 foot radius curve concaved Southerly: a radia
line to said point bears North 10°4913011 East; said point beir on the Northerly right-of-way line of a proposed general utilit
and access easement to the City of Carlsbad; thence along sai easement and Westerly along the arc of said curve through central angle of 2"46'3311, a distance of 5.43 feet to a point c reversing 25.00 foot radius curve concaved Northerly: a radie
line to said point bears South 8"02'5711 West: thence Wester1
along the arc of said curve through a central angle c
34"2014011, a distance of 14.99 feet to a point on a 1230.00 foc
radius curve concaved Westerly, a radial line to said poir bears South 84"00'4211 East, said point also being on tk Westerly boundary line of said Lot; thence along said boundai line and Northerly along the arc of said curve through a centrz angle of 4"34'54'l, a distance of 98.36 to the POINT OF BEGINNIN(
angle 2°4912811, a distance of 61.37 feet; thence non-tangent t
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COMPANY DESCRIPTION
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Q PUOrn5€0 VTI1I7-Y AND ACCIEtiS €ASEhY€NT
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fAD - - - - I"DfCATf5 IQAD/Ad BEARflG
CIVIL ENOINEEAS-SURVEYORS P PLAT TO ILLUSTRATE 5620 FRIARS ROAD SAN DIEGO CALIFORNIA 97110 (6
365 S RANCHO SANlA iF RD SAN MARCOS CA 92069
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1 City Clerk's Office 1
CITY OF CARLSBAD )
1200 Elm Avenue 1 Carlsbad, CA 92008 1
1
RECORDING REQUE .LED BY AND
WHEN RECORDED MAIL T3:
Space above this line for Recorder's
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 POTENTIBL EFFECT OF REDUCING THE
VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 27 day of August
by Mar Pointe Limited Partnership hereinafter referred to as "C
owner of the land and Bank of the West, hereinafter referred
"Beneficiary"; present owner and holder of the deed of trust
inafter described;
WITNESSETH
THAT WHEREAS, Mar Pointe Limited Partnership did ext
deed of trust, dated February 9, 1990, to First Santa
Corporation, as trustee, covering Lot 1 of Carlsbad Tract
according to Map No. 11595, to secure a note in the sum c
million seven hundred fifty thousand ($5,750 , 000) dated Febri
1990, in favor of Bank of the West recorded in the office
County Recorder of San Diego County on February 13, 1990, as F
90-080318 of Official Records of said county; and
WHEREAS,, Owner has executed, or is about to exec1
grantor, a grant of Easement dated March 19, 1990, in favor
City of Carlsbad as grantee herein referred to as "Easement Gr
creating an Easement more particularly described in Exhibit A a
hereto; and
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WHEREAS, Easement Grantee is willing to accept said Ee
provided the grant. of Easement is a charge upon the above des
property prior and superior to the lien or charge of the deed 0'
above mentioned and provided that beneficiary will specifical
unconditionally subordinate the lien or charge of the deed 0:
above mentioned to the lien or charge of the Easement created i
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 a
upon said land which is unconditionally prior and superior to t
or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual bc
accruing to the parties hereto and other valuable consideratit
receipt and sufficiency of which consideration is hereby acknow
and in order to induce Easement Grantee to accept said Easemen
referred to, it is hereby declared, understood and agreed as f
1. That said Easement in favor of Easement Grante
unconditionally be and remain at all times a charge on the p
therein described, prior and superior to the lien or charge
deed of trust above mentioned.
2. That Easement Grantee would not accept said E,
above described without this subordination agreement.
3. That this agreement shall be the whole an
agreement with regard to the subordination of the lien or ch,
the deed of trust above mentioned to the Easement in favor of E
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Grantee above referred to and shall supersede and cancel, bu
insofar as would affect the priority between the deed of tru
Easement hereinbefore specifically described, any prior agreer
to such subordination including, but not limited, those provl
if any, contained in the deed of trust above mentioned, which I
for the subordination of the lien or charge thereof to i
interest in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of Easer
favor of the Easement Grantee.
2. He intentionally and unconditionally T
relinquishes and subordinates the lien or charge of the deed o
above mentioned to the Easement in favor of Easement Grantet
referred to and understands that in reliance upon, I
consideration of, this waiver, relinquishment and subordinatior
grant of Easement is being executed and delivered, the Ease:
being created, and that specific monetary and other obligatii
being and will be entered into by the Easement Grantee, other
and title insurance companies which would not be made or enter
but for said reliance upon the waiver, relinquishmer
subordination; and
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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 27 day of August , 19 90 .
CITY OF CARLSBAD a mu
corporation of the St
California
BENEFICIARY:
Bank of the West
By : j&i. I\ 1 &&-/ N//?
Rick K. Yee, Vice President MARTIN O~ENYAK, for City I
By :
Bv :
Exhibit A
____ e____ COUPANT DESCRIPTION REVISIONS
TITLE GO.
REFERENCE ORDERNO. ! D4rE x: BY
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RESOLUTION NO. 90-436
A%SOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR
SEWER PURPOSES.
WHEREAS, Mar Pointe LTD. has submitted a Grant Deed and Subordination I
conveying an easement to the City of Carlsbad for sewer purposes over a portion o
81-19, Mar Y Montanas; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in
interest to accept said Deed and Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Grant Deed from Mar Pointe LTD., dated October 30,
Subordination Agreement conveying an easement for sewer purposes over a portic
CT 81-19, Mar Y Montanas to the City of Carlsbad which is on file with the Citj
is incorporated herein by reference, is accepted.
3.
be recorded in
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That the City Clerk is authorized to cause the original Deed and Ag
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the Office of the County Recorder of San Diego County, State of California,
appropriate CertXcate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cj
held on the 4th day of December 1990 by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Kulchin, Larson and Pettine
ABSENT: Counci
ATTEST:
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ALETHA L. MUTENKRANZ, City Clerk
(SEAL)
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