HomeMy WebLinkAbout1991-02-05; City Council; 11015; ACCEPTANCE OF A GRANT DEED FOR ROADWAY PURPOSES MARK AND JERIANN YAMANAKA - PR 3.4.102r'
ACCEPTANCE OF A GRANT DEED
FOR ROADWAY PURPOSES
RECOMMENDED ACTION:
Adopt Resolution No. q/ .- L/z accepting a Grant Deed and Subordination Agr
for roadway purposes and direct the City Clerk to cause said deed and Subor
Agreement to be recorded in the office of the County Recorder.
ITEM EXPLANATION:
Pursuant to Section 18.40 of the Carlsbad Municipal Code the owners, Mark Yamani
Jeriann Yamanaka, are required to dedicate 5 feet of additional roadway along the na
of Adams Street in order to obtain a building permit.
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expenses in
right-of-way acquisitions.
1. Location Map.
2. Grant Deed from Mark Yamanaka and Jeriann Yamanaka, dated January 11,19
3. Subordination Agreement from Rancho Santa Fe National Bank dated January 1 (
4. Resolution No. q I - Li a, accepting a Grant Deed for roadway purposes.
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DEalCATED
VICINITY MAP
YAMAMAK A DEDIGATIORI
. 0 w RECORDaNG REQ TED BY
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AND WHEN RECORDED MAIL TO
r- (33 Cler k Name
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008 State
City of Carlsbad
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MAIL TAX STATEMENTS TO
r- 1 Name Cit of Carlsbad Street Address 1 8 00 Elm Avenue
City & Carlsbad, CA 92008 State L A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED PR 3.4.102
OF EASEMENT AI" 205-150-08, 13
The undersigned grantor(s) dcclare(s): od
Documcntary 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.
( ) Unincorporatcd area: (x)City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Mark Yamanaka and Jeriann Yamanaka
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad County of San Diego, State of California
a roadway easement as described in Exhibit "A" consisting of 1 page,
attachcd hereto and made a part hereof. Exhibit "B" consisting of 1 page is attached
for clarity only.
DATED ;b',/f)
BY \rnLbiJQ {L -
MARKYP;T(;iANAKA \
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STATE OF CALIFORNIA 1
) COUNTYOF ~2 11 ? /),-e6 0
On \<?I). // , /BF/ undersigned, 'a Notary Public in and for said State,
Z+, r, ,?n ~QLV'~,?L KCL
before me, the
personally appeared XGr' < I -/mco&& CL
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personally known to me or pv-e-on the
basis of satisfactory evidence to be the person(s)
namc(s) idare subscribed to the within instrumcnt
and acknowlcdgcd to mc that hc/shc/thcy cxccutcd the
same.
WITNESS my hand and oflicial seal.
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Signature b Xf-JYI DL45 #L.&&?/ 176% (This area for olficiai notarial seal)
MAIL TIIIS STATEMENT AS DIRECTEI) AnnVP
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h HHIBIT '3 ''
A PORTION OF LOT 7 IN BLOCK llBtr OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP 2152 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE
ALONG THE NORTHWESTERLY LINE THEREOF NORTH 26°11f00ff EAST,
5.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7, SAID
POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 470.00 FEET, A RADIAL TO SAID POINT BEARS NORTH
12°19'23f1 EAST: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE 18°55f381f FOR AN ARC DISTANCE OF 155.26 FEET:
THENCE SOUTH 26°11f00f1 WEST, 5.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 465.00 FEET, A
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
19°08'0211 FOR AN ARC DISTANCE OF 155.29 FEET TO THE POINT OF
BEGINNING.
Area = 0.018 Ac.
RADIAL TO SAID POINT BEARS NORTH 31°18'181f EAST: THENCE
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JN558QC.LGL 7-30-90
PROJECT NAME: i PROJ. IEX
RECORDING R ESTED BY AND 1 e 8
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WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, CA 92008
Space above this line for Recorder's usc
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.
19s THIS AGREEMENT, made this lothday of January
Mark Yamanaka and Jeriann Yamanaka, hereinafter referred t
llOwner,ll owner of the land and Rancho Santa Fe National I
hereinafter referred to as llBeneficiaryll; present owner and hc
of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Mark and Jeriann Yamanaka did execute a
of trust, dated October 5, 1990, to Ticor Title Insurance Comr
Inc. as trustee, covering a portion of Lot 7 of Block ''E!
Bella Vista, according to Map No. 2152 filed in the office of
San Diego County recorder March 7, 1929, to secure a note ir
sum of three hundred thirty-one thousand dollars ($331,00C
dated October 5, 1990, in favor of Rancho Santa Fe National
recorded in the office of the County Recorder of San Diego Cc
on October 11, 1990 as File No. 90-0555205 of Official Recorc
said county; and
WHEREAS, Owner has executed, or is about to execute
grantor, a grant of Easement dated 1-10-1991 , in favor of
City of Carlsbad as grantee herein referred to as "Ease
AGREEMENTSUG-24.FRM -1- R
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Grantee," creating an Easement more particularly describ
Exhibit A attached hereto: and
WHEREAS, Easement Grantee is willing to accept said Eas
provided the grant of Easement is a charge upon the
described property prior and superior to the lien or charge c
deed of trust above mentioned and provided that beneficiarj
specifically and unconditionally subordinate the lien or char
the deed of trust above mentioned to the lien or charge o
Easement created in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties h
that Easement Grantee accept said Easement and Beneficia
willing that the grant of Easement shall, when reco
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 hl
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 01:
property therein described, prior and superior to the lie
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept
AGREEMEWTSVG-24. FRM -2- I
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Easement above described without this subordination agreemen'
3. That this agreement shall be the whole and 4
agreement with regard to the subordination of the lien or Chi
of the deed of trust above mentioned to the Easement in favo:
Easement Grantee above referred to and shall supersede and canc
but only insofar as would affect the priority between the deec
trust and Easement hereinbefore specifically described, any pi
agreement as to such subordination including, but not limil
those provisions, if any, contained in the deed of trust a1
mentioned, which provide for the subordination of the lie?
charge thereof to another interest in the real property the
described.
BENEFICIARY declares, agrees and acknowledges that
1. He consents to and approved the grant of Easel
in favor of the Easement Grantee.
2. He intentionally and unconditionally wair
relinquishes and subordinates the lien or charge of the deec
trust above mentioned to the Easement in favor of Easement Grai
above referred to and understands that in reliance upon, anc
consideration of, this waiver, relinquishment and subordinatio
the grant of Easement is being executed and delivered,
Easement is being created, and that specific monetary and 01
obligations are being and will be entered into by the Easel
Grantee, other lenders and title insurance companies which wo1
///
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RE AGREECIEWTSV\G-ZG.FRCI -3-
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RANCHO YTA FX NATIONAL BANK y+,-
By: 1 /b-----"*
ichael R. Peters, Executive Vice President qw By: 2&GiJ77w ,- y
'!- Linda M. Rose,wce 'President
OWNER:
of execution by SUBDIVIDER
secretary or assistant secre only one officer signs, on certified by the secreta1 ate seal empowering that off
APPROVED AS TO FORM:
-4- RE AGREEHEWTSVG-24.FRH
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1 (Corporation Acknowledgment) ) ss.
STATE OF CALIFORNIA
County of 3anJUego )
On this
a NotarY Public in and for said County and State, personally appeared
Personally known to me (Or Proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as
Or On beha1f Of the corporation therein'~a~~,~~d acknowledged to me that such corporation executed it.
WITNESS my hand and official seal.
, in the year 19 91 , before me, the undersigned, 10th day of January
$< $<>Ti chael R p p anrl Lind;7 M Rose?: * >t >k ;t ;t f; 3; J( ;t ;t ;k +, ,,; *
0 L k?L.&%Q?- cLhLAJu-< r"
Notary Public in and for said County and State.
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EXHIBIT '2 ''
A PORTION OF LOT 7 IN BLOCK rrB'r OF BELLA VISTA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP 2152 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS FOLLOWS;
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE
ALONG THE NORTHWESTERLY LINE THEREOF NORTH 26°11'00'1 EAST,
5.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS 470.00 FEET, A RADIAL TO SAID POINT BEARS NORTH
12O19'23" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE 18°55'3811 FOR AN ARC DISTANCE OF 155.26 FEET; THENCE SOUTH 26°11'00" WEST, 5.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 7, SAID POINT BEING ON A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS 465.00 FEET, A
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
19°08'02" FOR AN ARC DISTANCE OF 155.29 FEET TO THE POINT OF
BEGINNING.
Area = 0.018 Ac.
RADIAL TO SAID POINT BEARS NORTH 3l01B818" EAST; THENCE
C
JN558QC.LGL 7-30-90
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RESOLUTION NO. 91-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR
ROADWAY PURPOSES.
WHEREAS, Mark Yamanaka and Jeriann Yamanaka have submitted a Grant C
Subordination Agreement conveying an easement to the City of Carlsbad for roadway purpc
a portion of Adams Street; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the publi
to accept said Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, (
as follows:
1.
2.
That the above recitations are true and correct.
That the Grant Deed from Mark Yamanaka and Jeriann Yamanaka, dated Jai
1991 and Subordination Agreement from Rancho Santa Fe National Bank dated, January
conveying an easement for roadway purposes over a portion of Adams Street to thc
Carlsbad which is on file with the City Clerk and is incorporated herein by reference, is a
That the City Clerk is authorized to cause the original Deed and Sub0
Agreement to be recorded in the Office of the County Recorder of San Diego County,
California, with the appropriate Certificate of Acceptance attached.
3.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cot