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HomeMy WebLinkAbout; Sanders, Cedric; 86-344844; Subordination Agreement‘. 1 . ? .? , 1 . .* . _. RECORDING REQUESTED dY: +. oi 8 1 5 86 346844 . . . _ _(_. . * . . . WHEN City 1200 ! : I i “’ “‘1’ _. -. .;q, ,- ;. ~’ ,, ...-*’ ..i‘.. * ! “.!a : ,&, i” ;: - -, : ; , ;r ;I ‘, :ji~:r., ‘. .1 .” -,. . . _ L 5 RECORDED MAIL TO: of Carlsbad Elm Avenue Qj: &f$ 1 2 fy.1 3: 5 6 . . . ATO Carlsbad, California 92008 168-040-25 Ref. Street Dedicaons Space Above This Line For Recorder's Use 167-101-16 & 21 Ref. Street Drain SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RkXJLTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY x' INSTRUMENT ATTACHES AND HAS THE EFFECT OF REDUCING THE VALUE OF SECURITY INTEREST. THIS AGREEMENT, made this 30th day POTENTfkL YOUR'-y I bY Cedric E. Sanders, a married man owner of the land hereinafter described and hereinafter referred to as "Owner," and VERNON SA'ViNGS & LDAN .ASSOCIATION, a Texas savinqs and - _- loan association . present owner and holder of the deed of trust and note hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, August 17, 1982 Company Cedric E. Sanders did exec&e a deed of trust, dated I to Transamerica we Insurance , as trustee, covering SEE EXHIBIT "A" ATTACHED to secure a note in the sum of $ 18,~390,000.00 , dated .>: * 1: * , - *. -. . -in favor of The City of Carlsbad, a municipal Corporation as grantee herein referred to as "Easement Grantee," . . and WHEREAS, it is a condition precedent to obtaining said easementsthat said grantsof easement above mentioned shall uncon- ditionally be and remain at all times a charge upon the land herein- before described, prior and superior to the lien or charge of the deed of trust above mentioned; and WHEREAS, Easement Grantee is willing to accept said ease- mentsprovided 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 easementscreated in favor of Easement Grantee: and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said easementsand Beneficiary is willing that the grantsof easement shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior 1 to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, 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 easementsabove referred to, it is hereby declared, understood and agreed as follows: (1) That said easementsin 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- . . . , . /. . . . ._ *’ 0 .L‘ 817 That Easement Grantee would not accept said easements above described without this subordination agreement. 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 easementsin 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 easements 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 (4 (bl He consents to and approves the grantsof easement in favor of the Easemeiit Grantee. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the easementsin favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination the grants of easement arebeing executed and delivered, the easements arebeing created, and that specific monetary and other obligations are being -3- * * . 5. I w \ *q’. * a _ ’ - . - .__ _.-_._- _.._ _. &i 818 I 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 this waiver, relinquishment and subordina- . tion; and (c) An indorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subordinated to the charge of the ease- mentsin favor of Easement Grantee above referred to. 1 Texas savings and Cedric E. Sanders Owner (ALL SIGNATURES MUST BE ACKNOWLEDGED) personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as -President and \ \ Secretary, on behalf of \)w the corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pursuant to its by-laws or a resolution of its board of directors. WIT6lESS my hand and official seal. Signature I ‘MrCommisbEXRJnmltR1~ 2 (This area for official notarial seal) IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. -4- FA Form 1 (Existing Deed of Trust to New Easement) h ..-.--_- ____ __ 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 this waiver, relinquishment and subordina- * tion; and (c) An indorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subordinated to the charge of the ease- mentsin favor of Easement Grantee above referred to. VEXNON ,5lAKlNG FU wr a Texas savings and loan association Beneficiary Owner CAT. NO. NNOG627 TO 1944 CA (Q-84) (Individual) m TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF = a@ ss. t On 4& l?5 fl82 before me, the undersigned, a Notary Public in and for B said State, personally appeared &oLfLc 5. smw3 I Ifl personally known to me or 2 proved to me on the basis’of satisfactory evidence to be ii the person 4 whose name /s subscribed to the 1 within instrument and acknowledged that u exe- cuted the same. WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNtV hi) &nm. Expires July i9 I988 Signature k&cluoL~-~~cc;l/ (This area for official notarial seal) - IT IS ‘RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. -4- FA Form 1 (Existing Deed of Trust to New Easement) . - a’ : . * . .I ., t*-.- ,. * EXHIBIT A \ -. ‘. - THAT PORTION OF LOTS"D", "E" AND "J" OF THE RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF -SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF . NO. 823,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: . . ', . . , . ' BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD . . TRACT NO. 76-12r ACCORDING TO MAP THEREOF NO. 9935;FILED -. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON . .- DECEMBER 16, 1980; .THENCE ALONG THE BOUNDARY OF SAID LOT c 140 NORTH 1O42'41" EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 23O15'45" WEST, 720.30 FEET TO .a THE BOUNDARY 0~ LAND C~GYED ~0. TREETOPS UNLIMITED BY DEED RECORDED MARCH 26,198O ASFILE/PAGE NO., 80+02577 OFFICIAL ; RECORDS'j'THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND :. THE FOLLOWING COURSES SOUTH 78O14'59" EAST, 319.91 FEET; THENCE SOUTH 48O43'39" EAST, 335.00 FEET; THENCE NORTH' - 48O46'21" EAST, 250.00 FEET; THENCE SOUTH..81°13'39" EAST, 210.00 FEET; THENCE NORTH 8O46'21" EAST, 980.00 FEET (Record= NORTH8°46'24',EAST,980.08FEET); THENCELEAVINGSAIDTREETOPS lXNDSOUTH24°13'39"EAST,675.24 FEET; THENCESOUTH 29°25'01"WEST, . 1,669.lOFEET;THENCE SOUTH89,-"25'10" EiST,171.23 FEET;THENCENORTH 29°25'Ol" EAST, 4,676.56 FEET TO THE EAST BOUNDARY OF-LAND SUOWN ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY .THE FOLLOWING COURSES SOUTH lS"39'32" WEST, 185.19 FEET; THENCE SOUTH 57'49'13" EAST, 56.58 FEET; THENCE SOUTH . O"21'05" WEST, 2,179.90 FEET; THENCE NORTH 89"36'23" WEST, 265.56 FEET; THENCE SOUTH l"15'07" WEST, 150.30 FEET; THENCE SOUTII 9"46'50" WEST, 112.79 FEET; THENCE SOUTH " 20"53'19" WEST, 126.01 FEET; THENCE SOUTH 14"40'43" WEST, 57.10 FEET; THENCE SOUTH 7O13'27" WEST, 135.34 FEET; THENCE . . SOUTH llO36'18" WEST, 65.24 FEET, THENCE SOUTH 14O41'25" z WEST, 159.68 FEET; THENCE SOUTH 21O39'05" WEST, 190.34 FEET; -:. ' THENCE SOUTH 13O43'35" WEST 781.82 FEET,.TO THE SOUTHEAST *' CORNER OF SAID LAND SHOWN ON MAP No, 9935; THENCE ALONG THE ,:' SOUTH BOUNDARY OF SAID LAND NORTB 89°25'10" WEST, 2,080.08 . FEET TO THE POINT OF BEGINNING, b' '+* : . . I 6’ . ,’ ” . .I ,’ . , I-. ,:. 03 82” -\,r l , \ i i . ; . , THAT PORTION OF LOTS "D", "E" AND "J" OF THE RANCH0 AGUA HEDIONDA, IN THE CITY-OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF . NO. . '823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: -. BEGINNING AT THE MOST NORTHERLY CORNER 0~ LOT 1'0~ CARLSBAD TRACT NO. 76-12 ACCORDING TO MAP THEREOF NO. 9935;FILED IN l THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEM-. BER 16, 1980, SAID POINT BEING IN THE ARC OF A 642.00 FOOT RADIUS CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT .- BEARS SOUTH 63°53'10" EAST; THENCE SOUTHWESTERLY ALONG THE 'BOUNDARY OF SAID CARLSBAD.TRACT NO. 76-12 AND THE ARC OF . 4 I SAID CURVE THROUGH A CENTRAL'ANGLE OF iO"53'10'! A DISTANCE OF 121:98 FEET; THENCE TANGENT.TO SAID CURVE SOUTH 37"00'00" WEST, 702.00 FEET TO THE BEGINNING OF A TANGENT 958.00 FOOT ':'.; RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE-CONTINUING SOUTH-' WESTERLY ALONG THE ARC OF SAID CURVE THROUGH'A CENTRAL ANGLE OF 1S047'30" A DISTANCE OF 264.04 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21°12'30" WEST, 455.73 FEET; THENCE LEAVING' THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 NORTH O"34'50" EAST, 944.01 FEET; THENCE NORTH 89°25'10" WEST, 300.00 FEET: THENCE SOUTH O"34'50" WEST, 660.00 FEET To THE BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG THE BOUNDARY OF SAID LAND THE FOLLOWING COURSES NORTH 89"25'10" WEST, 317.25 FEET; THENCE NORTH O"34'50" EAST, 987.75 FEET; THENCE NORTH 24O22'57"WEST, 1‘829.13 FEET; THENCE NORTH 24O25'34" * WEST, 1,805.09 FEET; THENCE NORTH 70°04'37' EAST, 515.00 .FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42°4S'S5" EAST, . _ :.- 95.64 FEET; THENCE SOUTH 43°00'OO" EAST, 380.00 FEET; THENCE :. SOUTH 3°30'00" EAST, 190.00,FEET; THENCE SOUTH 31°30'00" ., . EAST, 360.00 FEET; THENCE SOUTH lS"OO'OO" EAST, 140.00 FEET --;,- TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED .I:. . RECORDED JUNE .19, 1979 AS FILE/PAGE No. 79-252293, OFFICIAL.' .: RECORDS; THENCE ALONG SAID BOUNDARY N-ORTH70~00-4!37"EAST,699.S7 . FEETTOTHEBOUNDARYOFLANDCONVEYEDTOTREETOPS UNLIMITEDBYDEED RECORDEDMARCH26,1980ASFILE/PAGENo. 80-102577;THENCEALONGSAII: BOUNDARYTHEFOLLOWINGCOURSES SOUTH16°49'53" EAST,218.38 FEET; THENCE SOUTH 26°10'23"EAST,500.00FEET; THENCESOUTH85'29'37" _ . . *. WEST,480.00 FEET;THENCENORTH39°00'230WEST,372.00FEET;THENCE NORTH13°46'340WEST,176.94 FEET;THENcELEAVINGSAIDTREETOPSLAND * _ __--.- - SOUTH-70O04'37" WEST',-i67.64FEETToTHEWEsTBOUNDARYOFLANDCO-NvEYED TOSAIDTREETOPSUNLIMITEDBYSAID DEEDRECORDED ATFILE/PAGE NO. -- .- -- _-._ _ .- . .80-102577;THENCESOuTH28'037i4‘i" EAsT,482.64F-EET;THENCESOUTH - 2°54'50"WEST, 350.00FEET;THENCESOUTH17°25'10"EAST,430.00FEET; , THENCESOUTH24°25'10"EAST, 490.00FEET;-THENCE SOuTH10-"-~3'01"EAST, 257.35FEET:THENCESOUTH24025'l0'EAST,,430.00FEET:THENCE SOUTH I -- L I i I 48°0S'12"EAST,,200.00FEET, THENCESOUTH 24°2S'10"EAST,300.00 FEET; THENCEN~RTHS~~~~'~~"EAST,~~~.O~ FEET;.THENCEN~RTH 43°29.~~50~".EAST..339.00FEET: THENCESOUTH80°08'50"EAST. 71.22 FEETTOAPOINTINTHEARCOFA 1,000 FOOTRADIUSCURVECONCAVE -' .WESTERLY~ARADIALLINETOSAIDPOINTBEARS SOUTH 7S017'40" EAST: -.-_. . -- - THENCENORTHEASTERI;Y,NORTHERLYANDNORTHWESTERLYALONGTHEARCOF SAIDCURVETHROUGHACENTRALANGLE OF' 33"19'32" ADISTANCE OF 581.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 18"37'12" WEST, 273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE . PER THE IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71°22!.48," EAST, 825.88 FEET TO THE BEGINNING OF A TANGENTl,000.00:FOOT.EiADIUS CURVE CONCAVE * SOUTHERLY; THENCE NORTHEASTERLY,'EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34"45'19"ADISTANCE OF 606.59 FEET; THENCE 9ANGENT TO SAID CURVE SOUTH 73°51'53" EAST, 155.70 FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN.ON SAID IMPROVEMENT PLANS, SAID POINT BEING IN THE ARC OF A l,OOO.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT, BEARS SOUTH 73°51'53" EAST; THENCE LEAVING SAID PROPOSED CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC CF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°04'30" A DISTANCE OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 83OO3'38" WEST, SAID POINT ALSO- BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOP UNLIMITED BY DEED RECORDEDMARCH26, 1980 AS FILE/PAGE NO.';80-102577; OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY OF SAIDTREETOPSLANDSOUTH 69O28'4.2" WEST, 751.12 FEET; THENCE SOUTH 7°33'07"EAST, 19.69 FEET (RECORD~SOU.T~,7°27' _. _- ----. 26‘” WEST, 19.77~FEET) TO.THE~BEGINNINGOFANON+TANGENT68O.O.O~Ii1OOT = RADIUSCURVECONCAVENORTHWESTERLY,ARADIALLINETOSAIDPOINT BEARS SOUTH 70°30'40"WEST; THENCESOUTHEASTERLY,SOUTHERLY AND SOUTHWESTERLYALONGTHEARCOFSAIDCURVETHROUGHA CENTRAL ANGLE OF 92°09'20" A DISTANCE OF 1,093.72 FEET TO THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12, A RADIAL LINE- TO SAID POINT BEARS SOUTH 17"20'00" EAST; THENCE LEAVING , ?- SAID CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 THE FOLLOWINGCOURSES NORTH 34°33'00" WEST, 127.12 FEET; THENCE NORTH 60"37'32" WEST, _- * 250.22 FEET TO THE POINT OF BEGINNING. . - . .-- -. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL .OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8, BOOK 1967, OFFICIAL RECORDS. . ‘4’ ~ ’ . . - .I .I c c;;;A @ I - . l * 0,. 823 . . THAT PORTION OF LOTS';'D" 'AND "J" OF THE RANCH0 AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAL- IFORNIA, ACCORDING.TO THE PARTITION MAP THEREOF NO:823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: . . . " . . . BEGINNING AT A POINT IN'THE NORTH BOUNDARY OF LAND SHOWN ON MAP NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER.OF SAID COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89"19'35" WEST, 2,580.39 FEET FROM THE NORTHEAST CORNER OF '* . SAID LAND SHOWN ON MAP NO. 9,935; THENCE ALONG SAID NORTH BOUNDARY NORTH 89"19'35".,EAST, 31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38°59'OO" EAST, 25.26.FEET TO THE BEGINNING OF A TANGENT l,OOO.OO FOOT RADIUS CURVE CONCAVE .WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTW%?L ANGLE OF 75°55'53""A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36O56'53" WEST;909.95 FEET; THENCE SOUTH 53"03'07" EAST, 425.00 FEET; THENCE SOUTH 24O13'07" EAST, 210.00 FEET; THENCE SOUTH 73"43'07" EAST, 200.00 FEET; THENCE NORTH 56O46'53" EAST, 400.00 FEET; THENCE NORTH 14°S6'53" EAST, 740.00 FEET; THENCE NORTH 45"51'00" EAST, 350.01.FEET, THENCE NORTH 74O26'40" EAST, 429.98 FEET; *THENCE SOUTH 81O24'45" EAST, 33.00 FEET; THENCE PARALLEL WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935 SOUTH 7O41'08" WEST, 194.03 FEET; THENCE SOUTH 8O22'30" EAST, 209.84 FEET; THENCE SOUTH 28"31'33" EAST, 166.53 FEET; .. : THENCE LEAVING SAID PARALLEL COURSES SOUTH 29"25'01" WEST, 2,165.74 FEET; THENCE NORTH 44O21'23" WEST, 647.96 FEET: ' THENCE NORTH 2O23'09" EAST, 240.21 FEET; THENCE NORTH S8°08'02" WEST, 435.66 FEET; THENCE NORTH 76O25'02" WEST, -.420.51 FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD' PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A l,OOO.OO FOOT RADIUS CURVE CONCAVE SOUTH- " : EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 60"19'01"~ THENCE SOUTHERLYALONGSAIDPROPOSEDCENTERLINEANDTHEARC OF I- SAID CURVE THROUGH A CENTRAL ANGLE OF 13032'52" A DISTANCE OF 2360.45 FEET TO THE PROPOSED CENTERLINE OF ELM‘AVENUE AS SHOWN ON SAID IMPROVEMENT PLANS, A RADIAL LINE TO SAID POINT BEARS NORTH 73O51'53" WEST; THENCE LEAVING SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE PROLONG- ATION OF SAID RADIAL LINE NORTH 73O51'53" NEST, 155.70 FEET l . TO THE BEGINNING OF A TANGENT 1,000,00 FooT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTH- . . .’ I : .’ ., . i L.’ : . ‘:.L*.... I . . * : .., . ... : .+i’,. . ..’ . . . . , .-. . - . . i __- - .- \ I I ..< l * e - I- .** l -0 .< ‘- . . c 4, k ,;:;; *(.a ’ f c * . . . . 0 c i I . . - 824; l I WESTERLYALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34"45'19", A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71"22'48" WEST, 825.88 FEET TO THE BOUNDARY . OF LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH 26,1980,AS FILE/PAGE NO. 80-102577 'OFFICIAL RECORDS; . THENCE LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY* OF SAID TREETOPS LAND THE FOLLOWING COURSES NORTH 18O37'12" WEST, 310.00 FEET; THENCE NORTH 31O37'23" WEST, 372.70 FEET; -- . : : : , THENCE NORTH l"04'50" EAST, 105.00 FEET; THENCE NORTH .. . 79"14'50" EAST, 650.00 FEET; THENCE SOUTH 87"15'10" EAST, - 740.00 FEET'; THENCE SOUTH 71°31,'39" EAST, 651.98 FEET TO THE AFORESAID PROPOSED CENTERLINE OF COLLEGE BOULEVARD: THENCE ALONG SAID'PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 29O40'59" EAST, 420.00 FEET; :' THENCE LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 59"02'50" WEST, 373.81FEET; THENCE NORTH 80°35'OO" WEST, 1,240,OO FEET;'.THENCE NORTH 21°05'OO" WEST, 444.98 FEET TO THE BEGINNING OF A.TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCK- WISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 129°05'OO" A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID - CURVE SOUTH 72°00'OO" EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;':THENCE COUNTER-CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79"58'09" A DISTANCE OF 69.79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2,OOO.OO FOOT RADIUS CURVE * CONCAVE SOUTHEASTERLY, A RADIAL LINE,TO SAID POINT FROM SAID 2,000.00 FOOT RADIUS CURVE BEARS.NORTH 61°58'.09" WEST; . THENCE NORTHEASTERLY'.'ALONG THE ARC OF SAID CURVE THROUGH A \ CENTRAL ANGLE OF 15O42'33" A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS .. +' NORTH 46O15'36" WEST; THENCE LEAVING SAID CURVE NORTH .z s9"51'59" EAST, 804.25 FEET.(RECORD=804,26FEET);-THENCE NORTH, -.-13°27'33"WEST:(RECORD=NORTH13037's33"WEST), 360.00FEETTO THE ',: NORTH BOUNDARYOF.S&M'Q LANDSHOWNONSAID.,MAP NO.-9935; THENCE ~AVING~.AIDT~ETOP~BOUNDARYALONGSAIDNO~~HBOUNDARYOFSAID ., ---. . . ~N0.9935NORTH89°19'04"EAST, 11i3.60 FEET;TOTHEFOINTOFBEGINNING.. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION .' THEREOF CONVEYED. TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED '. : RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2637, SERIES 8, ._ .- BOOK 1967, OFFICIAL RECORDS. . . I a’ ’ RECOPDING REQUESTED- CITY OF CARLSBAD AND WHEN RECORDED MAIL TO r 1 Name CITY OF CARLSBAD 1200 Elm Avenue street Address Carlsbad, California 92008 City & state L -l MAIL TAX STATEMENTS TO r 1 Name CITY OF CARLSBAD Street Address City & State L - 3- 825 EXHIBIT B SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00582 TO 1923 CA (2-83) Individual Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. NO// 167-101-16 & 21 - - - The undersigned grantor(s) declare(s): Documentary transfer tax is $ -O- Easement Only ( ) computed on full value of property conveyed, or ) computed on full value less value of liens and encumbrances remaining-at time of sale. ) Unincorporated area: (XXX) City of CARLSBAD , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cedric E. Sanders, a married man, as his sole and separate property hereby GRANT(S) to The CITY OF CARLSBAD, a municipal corporation, an easement for public street purposes the following described real property in the CITY OF CARLSBAD County of San Diego , State of California: See Exhibit “A” Sheets 1 and 2 for legal descriptions,-attached and made a part hereof. All as shown for convenience sake on Exhibit “B”, attached and made a part hereof. CEDRIC E. SANDERS Dated: June 4, 1986 STATE OF CALIFORNIA COUNTY OF SAN DIEGO . t ss. On June 4. 1986 befbre me, the undersigned, a Notary Public in and for said State, . personally appeared c:p&lc E. S&rs personally known to me or proved to me on the basi$ of sat- isfactory evidence to be the person-whose name 1s subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) Title Order No. Escrow or Loan No. ..” a. -1 \I CTnrrr”rr4T~ fir- r5Ir.rn-r-r. .,.-. .- ___- _~._.._~__ _ . . L .’ . _.- *. -4’. . ? .’ 0 826 Sheet 1 of 2 STREET DEDICATIONS EXHIBIT "A" Parcel & That portion of Lot "J" of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 filed in the Office of the County Recorder of said County, said portion more particularly described as follows: Beginning at the Southeast corner of Carlsbad Tract No. 83-21, Unit NO. 1 (The Trails of Calavera Hills), Map No. 11286, on file in the Office of the Recorder of said County; said point also being on the centerline of Tamarack Avenue, and the Easterly boundary of Carlsbad Tract No. 82-16 (The Villas at Calavera Hills) Map No.10860, on file in the office the Recorder of said County; said point also being on a 300.00 foot radius curve concave Southwesterly; a radial line to said point bears North 35O59'14" East, thence Southeasterly along the arc of said curve and boundary of said Map No. 10860 and centerline of Tamarack Avenue through a central angle of 20O20'11'Lran arc distance of 106.48 feet to a point of intersection with a non-radial boundary line per Record of Survey 9336 on file in the office of the Recorder of said County: thence leaving the centerline of Tama- rack Avenue and said boundary of said Map No. 10860 along said boundary line of said Record of Survey No. 9336, North 79O14'50" East 273.20 feet to the TRUE POINT OF BEGINNING; thence continu- ing along said boundary North 79°14'50" East 338.00 feet; thence South 87°15'10" East 26.06 feet to a point on a 330.00 foot radius curve concave Northwesterly, bears South 32O42'01" East, a radial line to said point Point "A"; said point hereinafter referred to as thence leaving said boundary Southwesterly along the arc of said curve through a central angle of 21O56'51" a distance Of 126.41 feet; thence tangent South 79°14'50" West102.25 feet to the beginning of a tangent 90.00 foot radius curve concave Southeasterly, thence Southwesterly along the arc of said curve through a central angle of 16O31'20" a distance of 25.95 feet; thence tangent South 62O43'30" West 50.00 feet to the beginning of a tangent 50.00 foot radius curve concave Northeasterly; thence Westerly and Northwesterly along the arc of said curve through a central angle of 106°31'20" a distance of 92.96 feet to . the TRUE POINT OF BEGINNING. Containing 11,143 square feet. _~___. ~. t- 8’ . - r(. . ; 4,’ . G ‘7 Lkl Sheet 2 of 2 EXHIBIT 'A" Parcel B Beginning at Point "A" as mentioned in Parcel "A" above; thence along said boundary of Record of 'Survey 9336 South 87°15'10" East 50.94 feet; thence leaving said boundary North 04°01'32" East 38.50 feet to the TRUE POINT OF BEGINNING; thence North 04OO1'32" East 51.02 feet to a point on a tangent 330.00 foot radius curve concave Northeasterly; a radial line to said point bears South 46°11'~2' West; thence Southeasterly along the arc of said curve through a central angle of OO"06'59' a distance of 0.67 feet; thence tangent South 43O55'57" East 56.96 feet to the point of cusp with a tangent 20.00 foot radius curve concave Southerly; thence Northwesterly and Westerly along the arc of said curve through a central angle of 80°00'O01 a distance of 27.93 feet; thence tangent South 56OO4' OF BEGINNING. Containing 829.7 square fee to the TRUE POINT 4-l5-&$ Date l ’ I’ - * RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO l- 1 itreet Iddress :ity & ;tate L -I MAIL TAX STATEMENTS TO r 1 ;treet Address Zity 81 ;tate L A 0. 828 ; EXHIBIT c SPACE ABOVE THIS LINE FOR RECORDER’S USE CAT. NO. NN00582 TO 1923 CA (2-83) Individual Grant Deed A.P.N. No# 168-040-25 THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ - 0- Easement Only i ) computed on full value of property conveyed, or ) computed on full value lessvalue of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: kXX) City of Carlsbad ,and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CEDRIC E. SANDERS, a married man, as his sole and separate property hereby GRANT(S) to The CITY OF CARLSBAD, a municipal corporation, an easement for drainage purposes the following described real property in the City of Carlsbad County of San Diego , State of California: See Exhibit "A" Sheet 1 for legal description, attached and made a part hereof. All as shown for convenience sake on Exhibit "B, attached and made a part hereof. Dated: June 30, 1986 CEDRIC E. SANDERS STATE OF CALIFORNIA COUNTY OF ss. On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of sat- isfactory evidence to be the person _ whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) Title Order NO. Escrow or Loan No. MAI1 TAX STATFMFNTS AS l-llRFr?TFIl ARI?\/F . 4 , 0 829 r*,-L‘- - T- I, . ,I L.&---die .-. T5AT PORT;\3?; OF LOT I'D" OF PAXCHO AG3.A HZDiC)1<D.>, IS THE CITY OF C-lsRLSB-qD , COU.";TY OF SAS 31EG0, STATE OF C>LIPORNIB, ACCORDIh'G TO MAP NO. 823 FILED It4 THE OFFICE OF THE COUNTY RECORDER OF i SAID COUNTY, DZSCRIBED AS FOLLOXS: BEGIriSIKG -qT T3E ;;OAyT:l’ERL’ll TERXIIl'US 0' T3XT COURSE DESIGNATED ":;:3-27'33"ii, 360.00 FEET" OX THE BOUKDARY OF RECORD OF SURVEY :*L; NO - 9336 FILED 11; T'- r - n L O-CFICE OF COUIZTY RECORdER; THENCE S13"27'33"E, 46.20 FEET TO THE TRUE POIKT OF BEGINNING; TBENCE LEAVING S-?JD BOUNDARY LIKE, S34-35'25"E 122 -14 FEET; THENCE S55'24'35"W, 15.00 FEET; THENCE N34Y35'25"1<, 83.33 FEET TO THE BO;Il:DARY LIh'E OF SAID RECORD OF SURVEY NO. 9336; THENCE ALONG SAID BOUXDARY, i<13"27'33"H, 41.61 FEET TO THE TRUE POI!;T OF BEGINNING. - .