HomeMy WebLinkAbout1991-02-05; City Council; 11013; ACCEPTANCE OF A GRANT DEED FOR STREET RIGHT OF WAY PURPOSES FROM KEN SPENCER AND GAY SPENCER PR 3.4.104FOR STREET RIGHT OF WAY PURPOSES
Adopt Resolution No. ci I - Y ! accepting a Grant Deed for street right of way p
ITEM EXPLANATION:
Ken Spencer and Gay Spencer have submitted building plans to the City for a sin$
dwelling on Lot 122 of Map 331 2 on Carlsbad Boulevard. Prior to issuance of the permit, they are required to offer to dedicate one foot of street right of way along
of the northeast right-of-way of Carlsbad Boulevard.
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expenses
right-of-way acquisitions.
1. Location Map.
2. Grant Deed from Ken Spencer and Gay Spencer, dated November 14, 1990
3. Subordination Agreement from Princeton Financial, Inc. dated December 17, 1
4. Resolution No. 9 I -. ‘i ! accepting a Grant Deed and Subordination Agree
street right of way purposes.
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PROJECT NAME PROJECT #
SPENCER RESIDENCE PR 3>+104
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CITY OF CARLSBAD 1
1200 Elm Avenue 1 Carlsbad, CA 92008 1
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e, -I . RECORDING REQ STED BY AND WHEN RECORDED MAIL TO:
Space above this line for Recorder's use
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 AGREEMENT, made this 17 day of DezCembc r' 19%
Ken Spencer and Gay Spencer hereinafter referred to as llOwnei
owner of the land and Princeton Financial, Inc., hereinafter
referred to as ltBeneficiaryll; present owner and holder of the (
of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Ken Spencer and Gay Spencer did execut
deed of trust, dated January 24, 1990 , to Chicago Title Comp:
as trustee, covering Lot 122 of Terramar Unit No. 4 in the Cit.
Carlsbad, County of San Diego, State of California according
Map No. 3312, filed in the office of the County Recorder of 2
Diego County, October 14, 1955, to secure a note in the sum of
Hundred Seventy Thousand Dollars ($170,000.00) dated January :
1989, in favor of Princeton Financial, Inc. recorded in the off
of the County Recorder of San Diego County on February 10, 195
as File No. 89-073499 of Official Records of said county; ar
WHEREAS, Owner has executed, or is about to execute,
grantor, a grant of Easement dated November 14, 1990, in favoi
the City of Carlsbad as grantee herein referred to as "Easen
AGREEWENTS\AG-Z4.FRH -1- RE
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Grantee," creating an Easement more particularly describ
Exhibit A and shown in Exhibit B, for clarity only, att
hereto: and
WHEREAS, Easement Grantee is willing to accept said Ea:
provided the grant of Easement is a charge upon the
described property prior and superior to the lien or charge '
deed of trust above mentioned and provided that beneficiarh
specifically and unconditionally subordinate the lien or chai
the deed of trust above mentioned to the lien or charge c
Easement created in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties k
that Easement Grantee accept said Easement and Beneficia
willing that the grant of Easement shall, when recc
constitute a charge upon said land which is unconditionally
and superior to the lien or charge of the deed of trust
mentioned.
NOW, THEREFORE, in consideration of the mutual ben
accruing to the parties hereto and other valuable considera
the receipt and sufficiency of which consideration is h
acknowledged, and in order to induce Easement Grantee to a
said Easement above referred to, it is hereby declared, under
and agreed as follows:
1. That said Easement in favor of Easement Gr
shall unconditionally be and remain at all times a charge o
property therein described, prior and superior to the lic
charge of the deed of trust above mentioned.
AGREEMEMTSVIG-24.FRI4 -2-
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2. That Easement Grantee would not accept
Easement/EasementS above described without this subordii
agreement.
3. That this agreement shall be the whole and
agreement with regard to the subordination of the lien or (
of the deed of trust above mentioned to the Easement in faT
Easement Grantee above referred to and shall supersede and cz
but only insofar as would affect the priority between the dt
trust and Easement hereinbefore specifically described, any
agreement as to such subordination including, but not lir
those provisions, if any, contained in the deed of trust
mentioned, which provide for the subordination of the li
charge thereof to another interest in the real property tl
described.
BENEFICIARY declares, agrees and acknowledges th;
1. He consents to and approved the grant of Ea:
in favor of the Easement Grantee.
2. He intentionally and unconditionally wz
relinquishes and subordinates the lien or charge of the dc
trust above mentioned to the Easement in favor of Easement GI
above referred to and understands that in reliance upon, E
consideration of, this waiver, relinquishment and subordinat
the grant of Easement is being executed and delivered
Easement IS being created, and that specific monetary and
obligations are being and will be entered into by the Ea:
Grantee, other lenders and title insurance companies which
AGREEMENTSWG-24.FRM -3-
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not be made or entered into but for said reliance upon the waj
relinquishment and subordination; and
3. An endorsement has been placed upon the
secured by the deed of trust above mentioned that said deed oJ
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, before me,
the undersigned Notary Public. personally appeared
@~~~p~~~~~&l (proved to me on the basis of satisfacory
on JANUARY 10, 1991
THOMAS L ROBERTS _--_-__--_________
SEAL
evidence) to be the PR1NCEToN F1NANC1AL President and BEATRICE E ROBERTS ----------------
?@~~~~x~~) (proved to me on the basis of satisfactory
evidence to be the PRINCETON FINANCIAL
Secretary 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
NOTARY PUBLC-CALIFORNV\
PRINCIPAL OFFtCE IN SAN OIEGO ClOuMY
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trust has by this instrument been subordinated to the chargE
the Easement in favor of Easement Grantee above referred to.
i- -- , 19 I/ . Executed this f Li day of I)\ .. *
BENEFICIARY: OWNER:
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/By: /& MA-5 L. By: k,?:; i I (sign name here) '- Gay Spender
HA5 Lo A- /
(print name here)
&'3/d&tK (title and &4,&frnJ organization 6t&bt/& of sigery) e.
(print name here)
(tm drganization of signatory)
(Proper notarial acknowledgement of execution by BENEFICIARY m be attached)
(President or vice-president and secretary or assistant secret must sign for corporations. If only one officer signs, corporation must attach a resolution certified by the secretarq assistant secretary under corporate seal empowering that offi to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
5- P &AJP3n4Gdmc/~~.
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 122 OF TERRAMAR, UNIT NO. 4, IN THE CITY 0
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T
MAP THEREOF NO. 3312, FILED IN THE OFFICE OF THE COUNTY RECORDER 0
SAN DIEGO COUNTY, ON OCTOBER 14, 1955, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 122; THENCE ALON
THE NORTHERLY LINEgOF SAID LOT 122 NORTH 59" 21' 10" EAST; THENC
PARALLEL TO THE WESTERLY LINE OF SAID LOT 122 SOUTH 30" 58' 50
EAST 69.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 122
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 122 SOUTH 59" 21' 10
WEST 1-00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 122
THENCE ALONG SAID WESTERLY LINE NORTH 30" 58' 50" WEST 69.00 FEE
TO THE POINT OF BEGILPNING.
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PROJECT NAME
SPENCER RESIDENCE
PROJECT # E
Pf? 3.4.104
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EXHIBIT "A"
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LEGAL DESCRIPTION
THAT PORTION OF LOT 122 OF TERRAMAR, UNIT NO. 4, IN THE CITY OE
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC
MAP THEREOF NO. 3312 f FILED IN THE OFFICE OF THE COUNTY RECORDER OE
SAN DIEGO COUNTY, ON OCTOBER 14f 1955, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 122; THENCE ALON(
THE NORTHERLY LINESOF SAID LOT 122 NORTH 59" 21' 10" EAST; THENCI
PARALLEL TO THE WESTERLY LINE OF SAID LOT 122 SOUTH 300 58' 50' EAST 69.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 122';
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 122 SOUTH 590 21' 10' WEST 1.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 122,
THENCE ALONG SAID WESTERLY LINE NORTH 300 58' 50" WEST 69.00 FEE: TO THE POINT OF BEGINNING.
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P
.Y PLAT
S 3058’50” E 69.00’
-_. -- OWNER/GRANTEE:
KEN SPENCER AND GAY SPE
570 COUNTRY CLUB ROAD
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ENGINEER OF WORK
RESOURCE DEVELOPMENT COI
DEDICA E REAL PROPERTY
PROPOSED FOR
ROAD WDENING LICENSE EXPIRES 3/31 /94
BASIS OF BEARINGS
CARLSBAD BLVD
C/L --------- -
LEGAL DESCRIPTION:
A PORTION OF LOT 122, MAP 3312, CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. SEE ATTACHED EXHIBIT “A”.
BASIS OF BEARINGS:
THE NORTHEASTERLY SIDELINE OF CARLSBAD
BLVD AS SHOWN ON MAP 3312, LE. S 30’
58’50” E
PROJECT NAME PROJECT # EXH
SPENCER RESIDENCE PR 3.4.104 E
1
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CERTIFICATION FOR ACCEP'I'ANCE OF ERS EIIIEF.11'
Viis is to certify tIiat tlie interest in real property
. conveyed by the e as ellie 11 t dated November 14, 1990
fro111 Ken Spencer and Gay Spencer
to tlie City of Carlsbad, California, a municipal corporatioli
is liereby accepted by the City ~ouiicj.1 of tlie City of Carlsb
California pursuant to resolution t?o. 91-41 , adopted
011 - February 5., 1991 , and tlie grantee coiiserits Lo tllc
recordakiori tliereof by its duly au tliorized officer.
DA'l'ED: 2/7/9/
--- .- _- __-____-._- ----- - By:$-& ,'IIlA . 'IF, ,IIANZ, Ci.ty C1.c
KAREN R. KUNDTZ, Assistant City Clerk
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Ib RESOLUTION NO. 91 - 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
ACCEPTING A GRANT DEED FOR STREET RIGHT OF WAY PURPOSES - PR 3.4.1 04
WHEREAS, Ken Spencer and Gay Spencer have submitted a Grant Deed and Pr
Financial, Inc. have submitted a Subordination Agreement conveying an easement to the
Carlsbad for street right of way purposes over a portion of Lot 122, Map 331 2; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
to accept said Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Cz
as follows:
1.
2.
That the above recitations are true and correct.
That the Grant Deed from the Ken Spencer and Gay Spencer, dated Noverr
1990 and Subordination Agreement from Princeton Financial, Inc. dated, December 17
conveying an easement for street right of way purposes over a portion of Lot 122, Map 331 :
City of Carlsbad which is on file with the City Clerk and is incorporated herein by refert
accepted.
3. That the City Clerk is authorized to cause the original Deed and Suborc
Agreement to be recorded in the Office of the County Recorder of San Diego County, !
California, with the appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cour
1 on the 5th day ofFebruary 199d by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and Sta
NOES: None
ABSENT: None
ATTEST:
- @HAL. M rnKRA& , City Clerk
(SEAL) KAREN R. KUNDTZ, Assistant City Clerk