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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. P 0 !i! g .. z 0 6 a =! 0 z 3 0 0 PROJECT NAME PROJECT # SPENCER RESIDENCE PR 3>+104 EXHI 1 1 e 1 ) CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 CF .- . 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 0 0 -. 3 .7 -3 . 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- a 0 .. *i ,. 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- 0 e *. .. AI 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 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// R AGREEMENTSVG-24.FRH -4- z I- a: 2 a 2 LT 0 I> ‘I M L. E :: 0 W r” - 0 J LUUIW I I ut , 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 0 0 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: - fidMQ&- ,L/llc, Q !.J dl, c /i C'C t d- .-J5ZL F /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/~~. 1 b \ * I -5- REV AGREEMENTSMG-24.FRM 0 e rC 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. ,,&tbb*'a***# *.e" c,y ,;""%. ...- %f-. ...... ..,* <&C.- fez: No. 26175 i ,+ g :* 5 CIVIL ;- f % 4 =.2;3, -4.6. +)- %, /'E **.*.**' ,f"\.." *. G. =:. 2 \%...' '. $2:. BRIAN 0.. e 5 Sbs DONALD :sz s 5'0. Prof3:sionat : ,\ 2 c 'f5 "' *"ttt#D& UP r, bL ,...\' \ PROJECT NAME SPENCER RESIDENCE PROJECT # E Pf? 3.4.104 0 e -I EXHIBIT "A" I LEGAL DESCRIPTION THAT PORTION OF LOT 122 OF TERRAMAR, UNIT NO. 4, IN THE CITY OE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC MAP THEREOF NO. 3312 f FILED IN THE OFFICE OF THE COUNTY RECORDER OE SAN DIEGO COUNTY, ON OCTOBER 14f 1955, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 122; THENCE ALON( THE NORTHERLY LINESOF SAID LOT 122 NORTH 59" 21' 10" EAST; THENCI PARALLEL TO THE WESTERLY LINE OF SAID LOT 122 SOUTH 300 58' 50' EAST 69.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 122'; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 122 SOUTH 590 21' 10' WEST 1.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 122, THENCE ALONG SAID WESTERLY LINE NORTH 300 58' 50" WEST 69.00 FEE: TO THE POINT OF BEGINNING. ,,,,,,*.***I*, ,.a' c\y /;'%. ;* i CIVIL : = /c 4 **,2;3, -+.*- <?$ f LA% *" +?,.****...*~4& .. 2 ,a ..' E R I AN '*e* #$,*? gca; DONALD '; $\ Err: - No. 26175 i +; 5 4 5'*- Profz;sional .: PS %#+ *.e*.** rq s % "t .~+l?oD~ ur G b\\;,,\+* + I8 1 P .Y PLAT S 3058’50” E 69.00’ -_. -- OWNER/GRANTEE: KEN SPENCER AND GAY SPE 570 COUNTRY CLUB ROAD . . 1 r, . ,?. ENGINEER OF WORK RESOURCE DEVELOPMENT COI DEDICA E REAL PROPERTY PROPOSED FOR ROAD WDENING LICENSE EXPIRES 3/31 /94 BASIS OF BEARINGS CARLSBAD BLVD C/L --------- - LEGAL DESCRIPTION: A PORTION OF LOT 122, MAP 3312, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SEE ATTACHED EXHIBIT “A”. BASIS OF BEARINGS: THE NORTHEASTERLY SIDELINE OF CARLSBAD BLVD AS SHOWN ON MAP 3312, LE. S 30’ 58’50” E PROJECT NAME PROJECT # EXH SPENCER RESIDENCE PR 3.4.104 E 1 0' 0 CERTIFICATION FOR ACCEP'I'ANCE OF ERS EIIIEF.11' Viis is to certify tIiat tlie interest in real property . conveyed by the e as ellie 11 t dated November 14, 1990 fro111 Ken Spencer and Gay Spencer to tlie City of Carlsbad, California, a municipal corporatioli is liereby accepted by the City ~ouiicj.1 of tlie City of Carlsb California pursuant to resolution t?o. 91-41 , adopted 011 - February 5., 1991 , and tlie grantee coiiserits Lo tllc recordakiori tliereof by its duly au tliorized officer. DA'l'ED: 2/7/9/ --- .- _- __-____-._- ----- - By:$-& ,'IIlA . 'IF, ,IIANZ, Ci.ty C1.c KAREN R. KUNDTZ, Assistant City Clerk 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 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