HomeMy WebLinkAbout; ATCHISON, TOPEKA & SANTA FE RAILWAY CO.; 89-524435: Quitclaim Deedb
' * Cltp of acarlarr(g LErnm3i-3 URAMSMUrnAL 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
ENGINEERING DEPARTMENT
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WE ARE SENDING YOU dttached D Under separate cover via the following items:
El Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
0 Copy of letter 0 Change order ld&~~~4&~~
Dated-
)PIES / DATE NO. DESCRIPTION 1- _" r , I I ,"" ~~ ~ ~~
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THESE ARE TRANSMITTED as checked below:
fl For approval 1 For Checking !C! Resubmit copies for approval
5 For your use rl Approved as submitted 13 Design only, not for construction
0 As requested U Approved as noted i_' Return-corrected prints
0 For review and comment n Returned for corrections d v& &
0 For Your Action
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COPY TO -
SIGNED:
If enclosures are not as noted. kindly notrly us at once. I
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3n r'ecorded, ,mail .to: @ Form 2068 Standard (Rev. 4-76) ty of Carlsbad (Apprcndd by Generhl Counael) :a 1'0 2 'I TWO Pa~-Pags 1
75 Las Palmas Drive
rlsbad, CA. 22009 RELEASE OF MORTGAGE TRUSTEE
CN: FraBk Bosnsch
/ ; "j <"'/P-:,'r-~, \<" f; j-j- REGBRDI+J;~ ~EGGESTED By $ ,, , "2 y !.- / c- L ''COR TITLE ;NSURRNCE .o~p~# a/ OF L1F8R : &&WflW%! Of &dE%W%!, dated ------- &,)&&l--&--y 1941$, made by MANUFACTURERS
HANOVER TRUST COMPANY, a corporation of the State of New York (hereinafter referred to as the "Trustee"),
party of the first part, and-- the CITY OF CARLSBAD, a municipal corporation _______-________
- """" " ." ~ ~ ~ ~~~~ ~~ ~ ~~~~~ ~~~ ~ ~
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(hereinafter, whether one or more persons or corporations referred to 88 "Grantee"), party of the second part;
Atchison, Topeka and Santa Fe Rail Company (hereinafter called "Santa Fe"). by deed dated --....---.---
"_"__. """ . 19%. conveyed to said Grantee certain property hereinafter desarfbed;
and
m*ln mOrtEage or deed of trust hereinafter called the Geneml Mortgage, dated December 12th. 1895. executed by the &nta Fe to -AS, the Union Trust Company of New York was heretofore and up to the 18th day of June, 1918, Trustee under 8
Said UnlOn Trust Company of New pork, 86 Trustee. and duly recorded ; and
certain mortgage or deed of trust, hereinafter called the Adjustment Mortgage, dated December 12th. 1895, &ecut& by the Santa %b WHEREAS. the Central Trust Company of New York waa heretofore and up to the 18th day of June 1918 Trustee under a
to asid Central Trust Company of New Pork. aa Trustee, and duly recorded; and
mEzAs. on or about the 18th day of June, 1918. said Central Trust Company of New York, in accordance with the laws of the State of New York duly merged into itself said Union Trust Company of New York and simultaneously changed its name to Central Union Trust Cbmpany of New York and under the name of Central Union Trust Company of New York succeeded aid Union Trust Company of New York as Trustee under said General Mortgage; and
l8WS Of the State of New York duly merged into itself The Hanover Bank of the City of New York and smultaneou8lY changed -. on or about the 15th day of Nay. 1929, aid Central Union Trust Company of New York. rp axw?ordancs with the
its name to Central Hanover &nk and Trust Company and under the narne of Central Hanover B$nk and Trust Compsny con- tinued to be Trustee under both said General Mortgag'e and mid Adjustment Mortgage until on or about the 30th day of June, 1961. when said Central Hanover Bank and Trust Comuany duly chawed its name to The Hanover Bank. without affecting ltn ~ COrpOrate status, title or powers as Trustee under said General Mortgage and said Adju9-t Mortgage: and WHXRBA5. on September 8 1961 in accordance with the laws of the State of New York said The Ranover Bank was duly merged into Manufacturers Trust' Combany, a New York corporation, under the name Manubturera Hanover Trust ComDsns; and said Manufacturers Hanover Trust Company thereupon became and is now the dub constituted and acting Trustee under mid General Mortgage and said Adjustment Mortgage: and
title to the property described in and conveyed by said deed, and herejnafter descnbed. and the Santa Fe has furnished to said WKEREAS. a release from said mortgages or deeds of trust is necessary in order to vest in the Grantee an unincumbered
Trustee a written request of the Santa Fe in accordance with the requirements of said mortgages or deeds of trust, together with a copy of a resolution of the Board of Directors or of the Executive Committee of the Board of Directors of the Santa Fe 8DWVing of such request, to release the said property so conveyed from the lien and operation of sald mortgagea or deeda of trust
NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable considerations, said Manu- facturers Hanover Trust Company as Trustee under said General Mortgage dated December 12th, 1895 and 8s Rust- under asid A&justment Mortgage dated Decedber 12th 1896 does hereby release to the Grantee above named fro& the Liens of ssfd c)enersl Mortgage and said Adjustment Mortgage. &der 'which it is Trustee as aforesaid, that certain tract or parcel of land situate. W
and belng in the County of-- San Dieqo .wutlaularly described 88 followa: and state o~".-Cd i fern i a
See "DESCRIPTION OF LAND" marked Exhibit "A", attached here.to and made a part hereof. 8345Z.443,4
JaFFICIIIRECORDF~ RECORUED IN OF SAN DIEGO COUNTY,_M
1989 SEP 2 9 34M8$il 1 VERAL. LYLE I COUNTY RECORDER
ffo FEE.
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OCT 25 1389
CiTY OF ~gqbg$Q=J!
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'Hall z.az-z58z - , *, 0 Form 2058 Standard (Rev. 4-76) 0 )'
' ' Two Pages-Page 2
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The propert3 hereinabove described belag the same moper@ that is described in and conveyed by mid deed datt&"~..-.-"_ _-_______ z-db---A----. IS*. executed by the Santa Fe to said Grantee.
This releass is executed and delirered by the Trustee without covenant or warranty, express or implied. and without recorn to the Trustee in any event.
IN WI'I'NESS WHEREOF. said Manufactnrers Hanover Trust Conwaa;r has caused these presents to be signed by its Prasi- dent or one of its Vice-presidents or Assistant Vice-Presidents and its corporate seal to be hereunto affixed and attested by its Trust Officer or an Assistant Trust Officer, the day and year first above written.
mACTUFCRM HKNOVLCR TRUST COMPANY
ATTZST :
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BY pssT..Fjj Ita"."fMdSort
Ita -!lmbat Offioer.
STATE OF NEW YORK, COUNW OF NEW YORK, BOROUGH OF MANHATTAN, Is..
On this Lf?) day of &l&- , 1989, before
me, Caro7xm P ~2~+~~ a Notary Pub1 ic in and for said State, personal ly appe%d T. c. KN'IGHT , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the ASSL UiCI Presi dent , and Yvonne D. Bern , personally known to me or Droved to me on the basis of satisfactor-y evidence to be the person who - executed the within instrument as the Trust Officer . ' of the MANUFACTURERS HANOVER TRUST COMPANY. the comoration that executed the within instrument and acknowledged to me that such corporation executed the within i nstrumen'c pursuant to its by-laws, or a resolution of its Board of Directors.
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Given under my hand and notarial seal the day and year h& above +itten. /*' . ,' ' e- ..
L.- L+-s7-ryzI p - [ %,? % L-cxl,
CAROLYN P. BAXTER Li NOtcWy P%mo. u-
My Commission exuires p .n I, . .< ork
NO. 41-4320ilX Qualified in Q'SEflS County
pmmission Expires Febrdsry 16. 1990
Certificate filed in N;VJ Yolk County
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EXHIBIT 'I A I'
DESCRIPTION OF LAND
A PARCEL OF LAND PARTIALLY IN THE CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S PROPERTY IN FRACTIONAL SECTION 20, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND THAT PORTION OF SAID RAILWY COMPANY'S
SAID RANCHO IS SHOWN ON PARTITION MAP NO. 823, FILE NOVEMBER 16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOHS:
100-FOOT WIDE PROPERTY IN LOT "H" OF RANCHO AGUA HEDIONDA, AS
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 19 IN BLOCK 21 OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013 FILED APRIL 6, 1927, IN THE
OFFICE OF THE RECORDER OF SAID COUNTY, SAID CORNER BEING AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID LA COSTA DOWNS UNIT NO. 1: THENCE ALONG SAID NORTHERLY BOUNDARY SOUTH 69O33'55" WEST, 69.29 FEET (SHWN AS SOUTH 68"53'20" WEST 68.75 FEET, ON SAID MAP 2013) TO A POINT IN THE EASTERLY PROPERTY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILMY COMPANY, BEING THE SUCCESSOR IN IHTEREST OF THE CP.LIFORNIA SOJTHERM RAILROAD COMPANY, WHICH HAS SHOWN ON MAP APPROVED BY
THE SECRETARY OF THE INTERIOR, MAY 12, 1881; AND
CONSTRUCTED IN 1882 ON THE LOCATION SHWN ON SAID MAP,
SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 69"33'55" WEST ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY BOUNDARY, 55.03 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT WESTERLY 55.00 FEET MEASURED
AT RIGHT ANGLES FROM SAID EASTERLY LINE; THENCE NORTH 18"24'35" HEST ALONG SAID PARALLEL LINE 1182.51 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE, TANGENT TO THE PRECEDING COURSE, CONCAVE
WESTERLY AND HAVING A RADIUS OF 907.00 FEET, THROUGH A CENTRAL ANGLE OF 6°02'21" A DISTANCE OF 95.60 FEET; THENCE NORTH 24"26'56" WEST TANGENT TO THE PRECEDING CURVE, 126.09 FEET; THENCE SOUTH 65"33'34" EAST, 14.62 FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN
CALIFORNIA SOUTHERN RAILROAD COMPANY, RECORDED MARCH
10, '1881, IN BOOK 38 OF DEEDS, PAGE 171, RECORDS OF
SAID CGUNTY; THENCE SOUTHERLY ALONG LAST SAID EASTERLY LINE TO A POINT IN THE SOUTHERLY BOUNDARY OF SAID RANCHO; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY
TO A POINT IN FIRST SAID EASTERLY LINE; THENCE
SOUTHERLY ALONG FIRST SAID EASTERLY LINE TO THE POINT
OF BEGINNING.
100-FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO SAID
SAID HEREIN DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 1.58
ACRES, MORE OR LESS.
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Len recorded, nail ,to: .ty of Carlsbad f j -.I -," - "i 175 Las Palmas Drive ; . - j-' k. !- lrlsbad, CA. .92009 'TM: Frank Boensch -
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REC,QWDI$,j$S @ZC2E!$?'ED By QUITCLAIM DEED
;OR VlTLE ~~~~~~~~~~ ~~~~~~~~~~ OF GAblFGRNiA
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation,** hereinafter called "Santa Fe", hereby remises, re7 eases and quitclaims to the CITY OF CARLSBAD, a municipal corporation, all of its right, title and interest in and to the following described real property:
A PARCEL OF LAND PARTIALLY IN THE CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S PROPERTY IN
FRACTIONAL SECTION 20, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, ANI; THAT PORTION OF SAID RAILWAY COMPANY'S
SAID RANCHO IS SHOWN ON PARTITION MAP NO. 823, FILE NOVEMBER 16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED AS FOLLOWS:
100-FOOT WIDE PROPERTY IN LOT "H" OF RANCHO AGUA HEDIONDA, AS
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 19 IN [=-~~~2~~
BLOCK 21. OF LA COSTA DONNS UNIT NO. 1, ACCORDING TO OFFiClAL RECORDS
HAP THEREOF NO. 2013 FILED APRIL 5, 1927, IN THE OF SAN DIEGO COUNTY,
OFFICE OF THE RECORDER OF SAID CCUri'iu', SAT0 CQliNER BEING AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID LA COSTA DONNS UNIT NO. 1: THENCE ALONG SAID NORTHERLY I IY*z.:Y:EM[ BOUNDARY SOUTH 69'33'55" WEST, 69.29 FEET (SHONN AS CCXMTY RECORDER SOUTH 68'53'20" WEST 68.75 FEET, ON SAID MAP 2013) TO A POINT IN THE EASTERLY PROPERTY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, BEING THE SUCCESSOR IN INTEREST OF THE CALIFORNIA SOUTHERN RAILROAD COMPANY, WHICH WAS SHOWN ON MAP APPROVED BY THE SECRETARY OF THE INTERIOR, MAY 12, 1881; AND CONSTRUCTED IN 1882 ON THE LOCATION SHOWN ON SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH
69'33'55" WEST ALONG THE WESTERLY PROLONGATION OF SAID
NORTHERLY BOUNDARY, 55.03 FEET TO A POINT IN A LINE
PARALLEL WITH AND DISTANT WESTERLY 55.00 FEET MEASURED
AT RIGHT ANGLES FROM SAID EASTERLY LINE; THENCE NORTH 18"24'35" WEST ALONG SAID PARALLEL LINE 1182.51 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE, TANGENT TO THE PRECEDING COURSE, CONCAVE WESTERLY AtKI HAVING A %DIS GF 937.C3 FEET, ftt2OIJG;H A CENTRAL ANGLE OF 6'02'21 I' A DISTANCE OF 95.60 FEET; THENCE NORTH 24'26'56" NEST TANGENT TO THE PRECEDING CURVE, 126.09 FEET; THENCE SOUTH 65'33'34" EAST, 14.62 FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN
CALIFORNIA SOUTHERN RAILROAD COMPANY, RECORDED MARCH 10, 1881 , IN BOOK 38 OF DEEDS, PAGE 1.71 , RECORDS OF
-
~.
100-FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO SAID
**Formerly California Southern Railroad Cornpan
u
.<
L. e ‘. ? 0106, .. I,
* SAID COUYTY; THENCE SOUTHERLY ALONG LAST SAID EASTERLY
I * LINE TO A POINT IN THE SOUTHERLY BOUNDARY OF SAID
RANCHO; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY
TO A POINT IN FIRST SAID EASTERLY LINE; THENCE
SOUTHERLY ALONG FIRST SAID EASTERLY LINE TO THE POINT
OF BEGINNING.
SAID HEREIN DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 1.58
ACRES, MORE OR LESS.
this ?%” day of
IN WITNES WHEREOF, Sant has duly executed this Instrument , 1989.
THE ATCHISON, TOPEKA AND SANTA FE
\
Its Senior Vice President- Finance and Chief Fi nanci a1 Offi cer
ATTEST:
BY
Its Assistant Secretary
b '. . . . ; A* e L.,, 0 .. 1. .I
;i 0107
STATE OF ILLINOIS) 1 ss. COUNTY OF COOK 1
On thi s T! t7' day of fq (j 01 (\ 77 , in the year L'
one thousand nine hundred and p,t-,kk 94 d/.ie, , before
me, ~~-/h&' r, d~P?~wd , a Notary Public in and for said State,
personal ly appeared CL-fd @Ob@ , personally known to me or
proved to me on the basis of satisfactory evidence to be the person who
executed the within instrument as the Senior Vice President-Fi nance and
Chi e.f Fi nanci a1 Officer, and fiL, Lvwcrbf9tH ,
personally known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument as the
Assistant Secretary of the corporation that executed the within
instrument and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its Board of
Di rectors.
n 'fi \
WITNESS, my hand and official seal.
County of Cook State of Illinois
(SEAL) My Commi ssi on expi res
Darlene MI. Thompson
-#- Notaty P&k, hte of Illinois
.. F. I' .. e
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f'! 01 08
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed Sy the deed or grant dated July 3, 1989
from The Atchison, Topeka and Santa Fe Railway Company
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 89-160 , adopted
on May 23, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED z September 27, 1989
By :