HomeMy WebLinkAbout; CARLSBAD INVESTORS, LTD.; 83-418946; Easement-.
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RECORDING REQUESTED BY MHY WHEN RECORDED, RETURN To:
CITY OF CARLSBAD City Clerk's Office 1200 Elm Avenue
Carlsbad, CA 92008
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(for Recorder's use only)
GRANT OF EASEMENT FOR PUBLIC SZR
AND PUBLIC UTILITY PURPOSES
For valuable consideration, CARLSBAD INVESTORS, LIMITED, a California Limited Partnership hereby grants to the CITY OF
CARLSBAD an easement for public street and public utility purposes over and across that certain real property located in the County of San Diego, State of California, wh&&=+b .
DATET,+7/ 1983 - CARLSBAD INVESTORS, LIMITED
a California Limited Partnership
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STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 1 ss. 1 \ h+.$x
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On this 7 4 h day of July , in ~~~3, t
before me, the undersigned, personally appeared DWIGHT
SPIERS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of the
limited partnership that executed this instrument, on behalf of the partnership and acknowledged to me that the partner-
ship executed it.
WITNESS my hgnd sr,d sffiefa2 seal. /> Qp 1 & I ) - ,UL!Id. : - '017/4FA (SEAL j
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OFFICIAL SEA
A JUNE BARRIER
NOTARY PUBLIC - CALIFORNIA
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&Elk A PORTION OF LOT 101 Of CARLSBAD TRACT NO. 73-23 11 THE CITY OF CARLSBAD,
COUNTY OF SAN DIEW, STATE OF CALIFORNIA, AEORDfN6 TO HAP THEREOF llO, $061,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE60 CWINTY, FEBRUARY 28, 197
SAID PARCEL HORE PARTICULARLY DESCRIBED AS FOLLWS:
BEGINNING AT THE CENTERLINE INTOSECTION OF POINSETTIA LANE, KING 60.00 FEET 11
WIDTH AND THE EASTERLY LINE OF WE #)RfHYEST QUARTER OF SECTION 28, ToyNSHSP I2
SOUTH, RANGE 4 WEST AS SHWN ON SAID MRLSBAD TRACT n0. 73-23; THENCE ALONG SA1
WTERLY LINE OF THE WORTWEST' QUARTER HGRm ~028"3Sm W?; Ql? .66 FEET TO
THE SOUTHEASTERLY CORNER OF SASD LOT 101; THENCE &ON6 THE SOUTHERLY LINE OF SA
101 101 SOUTH 76'54 '25' YEST, 75.26 FEET TO THE "TRUE POINT OF 8EGSWWfNG"; THEE
M 76O54'2v YfSt 311.80 FEET TO A pI)IwT Oi THE YISTERl,Y LfRl OF SAID LO7
THENCE ALONG SAID YESTERLY 11WE NORTH 06*05 '24" YEST, 60.4s FEET; mENCE MORTH
76°54'25" EAST, 114.69 FELT TO nlE 8E61WNIWG Of A TAWGENT CURVE, COWCAVE SOUTH1
AWD HAVING A RADIUS OF 330.00 FEE?'; THENCE fASTERLY ALONG SAID CURVE THROUGH II
CENTRAL OWL€ OF 35'05'49'' AN ARC DISTNCL OF 2b2.14 FEET, A RADIAL LINE THROU
SAID POINT 'TO SAID CURVE BEARS WORTH 22°00114" EAST SAID POINT ALSO BEING THE
\\: CONTINUING ALONG SAID SOU?'HERLY LINE AWD THE PROLDNGATlON OF SAID SOUTHERLY lfl
.1 *?RUE POINT OF BEGINNING".
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TO GRAHT OF EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY 8
PURPOSES ..
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3 * , e *' 634 @ '
CERTIFICATlO3? FOR ACCEPTANCE OF EASEF[ENT
This is to certify that the interest in real propert
conveyed by the easement date8 July 7, 1983
from Carlsbad Investors, Limited
to the City OE CztrlsSad, California, a municipal corporatic
is hereby accepted by the City Council of the City of Carls
California pursuant to resolution NO. 7404 r adopted
on NCW- 15, 1983 , and the grantee consents to the -
recordation thereof by its duly authorized officer.
DATED : November 16, 1983
By:J-&Z&.J 2 (& ..
ALETHA I,. RAUTENXPAEZ , C&y C
d
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RECoRcEn, ti:-* *>J RE &- OF: 0 d- 635 @ &?JECQ ::&; !~\?s~NcE co. I
13 '$7) .,-3"A /fZ 2. b. ,&"a r
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CONSENT MD SUBORDINATION
TO
GRANT OF-EAS EMENT
The undersigned as owner and holder of a certain promis- sory note executed on July 20, 1982, in the principal sum of
ONE MILLION FIVE HUNDRED SIXTY THOUSAND SEVEN HUNDRED EIGHT
DOLLARS ($1,560,708.00) and as beneficiary under a certain
deed of trust of even date therewith and securing said
promissory note, recorded on July 22, 1982, as Instrument No. 82-225476, Official Records, San Diego County, California, now a first lien upon the premises more particularly
described in the foregoing Grant of Easement for Public
Street and Public Utility Easements ("Grant of Easement")
hereby covenants and agrees that the said deed of trust shall
be and the same is hereby made subject and subordinate to the foregoing Grant of Easement, to which this Consent is attached: provided, however, that the subordination provided
for herein shall not affect nor be applicable to and the
undersigned does hereby expressly exclude any additional
liens, rights, powers, privileges, easements or interests, if
any, which may arise or intervene in the period between the
recording of the said deed of trust and the effective date of
the subordination provided for herein. The subordinatior
provided for herein shall become effective upon the recorda- tion of the Grant of Easement and shall inure to the benefit of and shall be binding upon the undersigned, its successars
and assigns.
Dated: -7 , 1983 -
OCCIDENTAL LAND, INC.
STATE OF CALIIFORNIA )
COUNTY OF LOS G.-U~@ 1 ) ss.
On 7 , 1983, before me, the undersigned, a
Notary Public in' and for Kid State, personally appeared fi ~ 6 .":?fl%&Sb6 , personally known to me (or proved to me' on the asis of satisfactory evidence) to be
the sersops who executed the within instrument as the
the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to
its bylaws or a resolution of its board of directors.
3'Qeue , on behalf of OCCIDENTAL LAND, INC.,
WITNESS my hand and official seal.
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LA *&&a $J - &eR-/ Notary Public
( SEAL)