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Home My WebLink About1992-06-16; City Council; 11742; Price ClubCl= OF CARLSBAD - AGEPQA BILL AB # ~7%25 TITLE: PRICE CLUB MS 837 - DEDICATION OF TRAFFIC MTG. 6-16-92 SIGNAL INSTALLATION AND MAINTENANCE EASEMENT ACROSS FROM PRICE CLUB ENTRANCE - DEPT. ENG PALOMAR AIRPORT ROAD PR 2.3.68 RECOMMENDED ACTION: Adopt Resolution No. %?-/74 approving the proposed easement for the purpose of installation and maintenance of the traffic signal and any related public improvements for the intersection of Palomar Airport Road at the entrance to Price Club. I ITEM EXPLANATION: On May 21, 1991, the City Council approved Resolution Number 91-l 53, MS 837 - Price Club. As a condition of approval, the project is required to install a full signalized intersection on Palomar Airport Road at the east entrance of the Price Club site. An easement is required from the Carltas Property to the North of the project at the Giumarra Entrance for the installation and maintenance of the traffic signal. The types of public improvements in this easement include the traffic signal poles, pull boxes and the automobile loop detectors. Since this is an easement and the underlying property remains under the ownership of Carltas, Carltas has requested the City of Carlsbad hold harmless and indemnify them from any liability which may arise from the installation and maintenance of these public improvements. Wording has been added to the Grant Deed reflecting this request by the Carltas Company. Because of the nature of this request, it must go before City Council for approval. Staff has conferred with the City Attorney on the wording in the Grant Deed and recommends approval of the easement dedication. Due to the fact there is a deed of trust on the Carltas Property, we require a subordination agreement. The subordination agreement is attached as Exhibit 4. FISCAL IMPACT: NONE EXHIBITS: 1. 2. 3. 4. 5. Location Map Site Exhibit Easement Grant Deed Subordination Agreement Resolution No. @-/7/ approving the proposed quitclaim of the relinquishment of access rights. m . . I A I \ i : G \ SITE/ ‘ROJECT NAME PRICE CLUB TRAFFIC SIGNAL INSTALLATION AND MAINTANENCE EASEMENT M BF SCOTT EVANS, CANSBAD ENGlNEERlNG DEPT. PROJECT EXHIBIT NUMBER PR2.3.68 1 Sl-rE EXH,IBIT TRAFFIC SIGNAL EQUIPMENT \ r- t I ’ A- /+$ GUIMARRA ENTRANCE PALOMAR AIRPORT ROAD \ NOT TO SCALE I TRAFFIC SIGNAL f EQUIPMENT - 1 PROJECT NAME PRICE CLUB TRAFFIC SIGNAL INSTALLATION AND MAINTANENCE EASEMENT ,xNBY SCOTT EVANS, CARLSBAO ENGiNELRiNG DEPT. PROJECT EXHIBIT NUMBER PR2.3.68 2 PRICE CLUB ENTRANCE - RECORDING REQl’“3TED BY , AND WHEN RECORDED MAIL TO Name r 7 c’ of Carlsbad Street Address %I 1 Carlsbad Village Drive E?ie’ i Carlsbad, CA 92009 A MAIL TAX STATEMENTS TO Name r- -- Street Address EXEMPT :2iea i 1 SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GiWNT DEECj PI7 2.368 OF EASEMENT 4 APN 211021.1~ The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value leas value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of Carlsbad , and )R A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Caritas Company a limited partnership organized under the laws of the state of California City of Carlsbad, a Municipal Corporation hereby GRANTS to the following described real property in the City of Carlsbad County of San Diego, State of California: a nonexclusive eazment in, over, under and upon the real property described in Exhibit “A” attached hereto and made a part hereof for traffic signal maintenance purposes Grantor and Grantee agree (1) Grantee shall repair any damage arising from Grantee’s use of said easement, (2) Grantee shall indemnify and hold harmless Grantor from any liability arising from the installation and maintenance for any public improvements on said easement. Exhibit “B” consisting of one page is attached for clarity on!y. DATED May 20, 1992 BY alifornia Name Christopher C. Calkins (Type or Print) Title Manager - (Type or Print) BY STATE OF CALIFORNIA COuNTyOF San Diego (Signature) Name-- (Type or Print) Tiiie- (Type or Print) On May 20. 1992 ------ before me,- Diane S. _ Fischer ------------------ (here insert name and title of the ofliccr), personally appeared s$stoober C. Calkina , personally known to me $arr I *asmddeoQ) to be the person@ whose name(@ is/am subscribed to the within instrument and acknowledged to me that heJ&@t&jcexecuted the same in his/ha&ohrauthorixed capacity(ice$, and that by his/Iu&&a <signature(x) on the instrument the person@, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. .,!O, I “Y P”BLlc CALIFORNI JL. ‘EGO CO”Nl i I ..I~,.i,.: 2-c ,,. Signature,$! , c7 ji ,,!, ,_ _ .f../^/. L .’ - LA11 THIS STATEMEL’ AS DIRECTED MOVE EXHIBIT "A" LEGAL DESCRIPTION SIGNAL MAINTENANCE 2-7-92 ww PR129 EASEMENT ALL THAT PORTION OF LOT "H" OF THE RANCH0 AGUA HEDIONDA ACCORDING TO MAP THEHEOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PART1 CULARLY DESCRIBED AS FOLLOWS: BEGINNING.AT THE CENTBRLINB INTERSECTION OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE AS SHOWN ON RECORD OF SURVEY MAP NO. 13466 FILED OCTOBER 10, 1991 AS FILE NO. 91-525839, RECORDS OF SAN DIEGO COUNTY THENCE EASTERLY ALONG THE CENTERLINE OF PALORAR AIRPORT ROAD SOUTH 87.48'15" EAST 466.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2250.00 FEET: THENCE, EASTERLY ALONG SAID CERTERLINE AND SAID CUR- AN ARC DISTANCE OF 170.76 FEET THROUGH A CENTRAL ANGLE OF 04'20'54" THENCE‘CONTINUING ALONG SAID CBNTBRLINE NORTH 87.50'51" EAST 109.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2250.00 FEET: THENCE, EASTERLY ALONG SAID CENTERLINE AND SAID CURVE AN ARC DISTANCE OF 170.19 FEET THROUGH A CENTRAL ANGLE OF 04-20’02” THENCE CONTINUING ALONC SAID CENTERLINE SOUTH 87.49'07" EAST 760.89 FEET THENCE NORTH 02*10'53" EAST PERPENDICULAR TO SAID CENTERLINE 63.00 FEET TO A POIBT ON THE NORTH RIGHT OF WAY OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID RECORD OF SURVEY 13466. SAID POINT BEING TEE TRUE FOINT OF BEGINNING OF THIS DESCRIPTION. THENCE CONTINUING NORTH 02'10'53" EAST TO A POINT ON A LINE 32.00 FEET NORTH, MEASURBD AT RIGHT ANGLES, OF SAID NORTH RIGHT OF WAY. THENCE SOUTH 87'49'07' BAST PARALLEL TO SAID NORTH RIGHT OF WAY 115.00 FEET. THENCE SOUTH 02.10'53" WEST PERPBNDICULAR TO SAID NORTH RIGHT OF WAY 32.00 FEET TO A POINT ON SAID NORTH RIGHT OF WAY. THENCE NORTH 87'49'07" WEST ALONG SAID NORTH RIGHT OF WAY 115.00 FEET .TO THE TRUE POINT OF BEGINNING. : . . - : Jlr -*.&= m ENGINEERING INC. am-wDwo~ __-~ ~~~ -IiO. w 1 -?SDFI OATS ~ N 0l’41’Ol”W. N.Z- IO’ 3Z.W’ N. 2. IO' 33" E. N. 01’30’ 41” E. Icq.lb’ pgoy;y, FPZZW’ pgoy;y, FPZZW’ * . * . I T=fY9.42' I T=fY9.42' \ \ 4 4 I- I- .T lI'&wvJ .T lI'&wvJ RPD. RPD. /ii /ii -% fz -% fz 4 4 3% 3% ti' ti' plGGKl=4 wwu plGGKl=4 wwu $J $J -me;cprx;u\~ -me;cprx;u\~ 3 3 $ $ 4.c /o.oeLi PG. $p%??. t. F%e’%o - I )*loPle Extiltsn- ” D” ‘b/J 32,m RECORDING REQUESTED BY AND WHEN RECORDED NAIL TO: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Space above this line for Recorder's use. SUBORDINATION AGREENENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SWXRITY INTEREST IN THE PROPWRTY BECOHINQ SWBJECT TO AN ESTATR II TIER REAL PROPERTY TO wExcE YODR SECWRITY INSTRUNRNT ATTACXES AND HAS TNE POTRNTIAL EPFBCT OT RBDUCIlsa TEE VALDE Or YOUR SWCURITY INTEREBT. THIS AGREEMENT, made this -day of March 192 by Carltas Company, a California Limited Partnership hereinafter referred to as "Owner," oirner of the land and Security Pacific National Bank, a National Banking Association, hereinafter referred to as ABeneficiary11; present owner and holder of the deed of trust hereinafter described: WITNWSSETH THAT WHERNAS, Carltas Company did execute a deed of trust, dated June 13, 1991, to Equitable Deed Company as trustee, covering a portion of Lot "H" of Map NO. 823 and as shown on Record of Survey Map No. 12462, to secure a note in the sum of four millon seven hundred thirty four thousand dollars ($4,734,000.00) dated June 13, 1991, in favor of Security Pacific National Bank recorded in the office of the County Recorder of San diego County on June 28, 1991, as File No. 1991-0315483 of Official Records of said county; and ASREEMEYTS\M;-U.FRM -l- SEV 10/S/91 -. WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated -13* lgg? in favor of the . City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibit A attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided the grant of Easement is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the Easement created in favor of Easement Grantee: and . WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing that the grant of Ease\ment shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, TBEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said Easement above referred to, it is hereby declared, understood and agreed as follows: 1. That said Easement in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said A-SW-X.FS" -2- REV lOm9l : . Easement above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and Easement hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of Easement in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of Easement is being executed and delivered, the Easement is being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the waiver, relinquishment and subordination: and AGREEIEYTSW-24.FI -3- 8EV 1Ol8lVl STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 ss. 1 on behalf of Carlta rtnership therein nd and official seal. STATE OF CALIFORNIA CWNTY OF %j&fi ~~),‘~qTc, ss. before me, a Notary Public in and for said state, personally appeared personally known to me (or-w e) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that b&&e/they executed the same in &s/&r/their authorized capacity(ies). and that by bi&hsUtheir signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. . 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. Executed this day of & /7&/i /, I e?zL. BENEFICIARY: OWNER: Security Pacific National Bank, A National Banking CARLTAS COMPANY, a California Association limited partnership (Name of Beneficiary) By: (sign Kere) LB 0. IwPr (print name here) E (print name here) 4; C (VCkiO~a~ BevIe By: rvtbuk+w (si#n here) MAW&w WRtJlW (print nam$ here) \I,;( rrC)LLk~ *w+(bLzLi he&~ (title and organi??ation of signatory) (Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) .s APPROVED AS TO FORM: RONALD R. BALL Deputy City Attorney v9 .?a ’ AsEElEsTSW-a.FII( -5- REV lOlw91 EXHIBIT "A" LEGAL DESCRIPTION SIGNAL MAINTENANCE ALL THAT PORTION OF LOT "Ii" OF THE RANCH0 2-7-92 i&29 EASEMENT AGUA HEDIONDA THE OFFICE OF THE ACCOROING TO iHAP THEREOF NO. 82'; FILED IN COUNTY RECORDER OF SAN DIEGO COUNTY NOVEXBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING,AT THE CENTERLINE INTERSECTION OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE AS SHOWN ON RECORD OF SURVEY M?.P NO. 13466 FILED OCTOBER 10, 1991 AS FILE NO. 91-525839, RECORDS OF SAN DIEGO COUNTY THENCE EASTERLY ALONG THE CXNTERLINE OF PALOMAR AIRPORT ROAD SOUTH 87'48'15" EAST 466.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2250.00 FEET; THENCE, EASTERLY ALONG SAID CENTBRLINE AND SAID CDRVE AN ARC DISTANCE OF 170.76 FEET THROUGH A CBNTRAL ANGLE OF 04'20'54" THENCE' CONTINUING ALONG SAID CENTERLINE NORTH 87'50'51" EAST 109.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2250.00 FEET: THENCE, EASTERLY ALONG SAID CENTRRLINE AND SAID CURVB AN ARC DISTANCE OF 170.19 FEET THROUGH A CENTRAL ANGLE OF 04'20#02" THENCE CONTINUING ALONG SAID CMTEiRLINE SCUTii 87'49'07 FAST 760.85 FEET THENCE NORTH 02'10'53" EAST PERPENDICULAR TO SAID CENTKRLINE 63.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID RECORD OF SURVEY 13466. SAID POINT BEING T'EE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. THENCE CONTINUING NORTH 02.10'53" EAST TO A POINT ON A LINE 32.00 FEET NORTH, MEASURED AT RIGHT ANGLES, OF SAID NORTH RIGHT OF WAY. THENCE SOUTH 87’49’07” EAST PARALLEL To SAID NORTH RIGHT OF WAY 115.00 FEET. THENCE SOUTH 02.10'53" WEST PERPENDICDLAR TO SAID NORTH RIGHT OF WAY 32.00 FEET TO A POINT ON SAID NORTH RIGHT OF WAY. THENCE NORTH 87'49'07" WEST ALONG SAID NORTH RIGHT OF WAY 115.00 FEET .TO THE TRUE POINT OF BEGIHNING. RESOLUTION NO. 92-176 A RESOLUTION OF THE CRY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING THE DEDICATION OF TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE EASEMENT ACROSS FROM THE PRICE CLUB ENTRANCE - PALOMAR AIRPORT ROAD - PR 2.368 WHEREAS, the Price Company has submitted a request for the dedication of a traffic signal installation and maintenance easement offsite on property owned by the Carltas Company; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said easement; NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed conveying the traffic signal installation and maintenance easement to the City of Carlsbad, which is on file with the City Clerk and is incorporated herein by reference, is approved. ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill - 20 21 22 23 24 25 26 27 28 3. That the Mayor is authorized to execute the deed and the City Clerk is hereby authorized to record the deed and the subordination agreement in the Office of the County Recorder of San Diego County, State of California, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the=day of June , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Larson and Stanton NOES: None ABSENT: Council Al-TEST: