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HomeMy WebLinkAbout; HUGHES NORTH COUNTY ASSOCIATES; 87-517151; Easement' "RECCkDING REQUESTED BY ,, 0 i- 299 ()7.51715\ """\ ~* City Clerk d e*.- .._.. pi?!: ;'ir,[j $7 City of Carlsbad r ~:~~~~,~;~~~~-,l,~~,~~~ ;.:I;>,, 1 in? :::a: 7"..^;, ir,. 'it 'IU. .,> \.,w!.;:\:., ,>::?::- t ~ :j: ........... AND WHEN RECORDED MAIL TO I :"77 p5p \ \ F':i 2: GO ,., ! V" - I Name 1 Street Address 1200 Eh AVenUe City Clerk City Carlsbad, CA 92008 ;;;te I 1- 1 A I I MAIL TAX STATEMENTS TO 1 Name 1 Street sp;ME Address I City ;re i i i.,,' iz n 2% \_ , i."Y 1. !.- ?,? ';;; '\,' 8;'. .j. ' ii; ,.: !,". !; '.' \ \ v.,. , . $ ((. "... . -+ L-" SPACE ABOVE THIS LINE FOR RECORDER'! DOCUMENTARY TRANSFER TAX $ Nl 1 -COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, -OR COMPUTED ON FULLVALUE LESS LIENS AND ENCUMBRANCES REMAINING ATTIME OFSALE. @a& Signature of Declarant or Agent determining tax. Firm Name I A.P .N. 156-301-05,13 GRANT DEED (Escrow No. ................... (PARTNERSHIP) By this instrument dated ............................................................................................. , for a valuable considerati I-IIJGEEES EXIR13I COU;ICY ASSOCIATES, a General Partnership organized under the la of the State of California. hereby GRANTS to The City of Carlsbad, a Municipal Corporation, an easement for General Utili Purposes over I the following described Real Property in the State of California, County of ................................................................ San Diego City of Carlsbad ...................................................................... 1 See attached EQDBIT A for legal descripticm of public utilities easement. HUGHES NORTH COUNTY ASSOCIATES, a CA gen. ptn BY: HI-NC, a CA general ptnrshp, General Par BY: HUGHES INVESTMENTS, a CA general pt ...... ~-~ .................... Thomas H. Purcell General Partner ........................................................................................... I r. x 2 73 .- x , Y N rn STATE OF CALIFORNIA On .............................................. 19 .........., before me, the undersigned, a Notary Public in and COUNTY OF .................................. ........................................................................................................................................p roved to tr basis of satisfactory evidence to be the person .......... that executed this instru behalf of the partnership and acknowledged to me that the partnership exe I ............................................................................................ SS. County and State. personally appeared 2 Notary's Signature ........................................................................................... F: c L I MAIT TAY CTArrMrhlrc AC n1Drt"rrn annvr e e Y z %Z’ fl > m 0 J 300 STATE OF CALIFIORNIA ) COUNTY OF ORANGE 1 ) ss, On this 26th day of May 19 87 , before me, a Notary Public in and for said state, personally appeared Thcpas H. Purcell , known to me to be the partne of HUGHES INVESTMENTS, the partnership that executed the within instrument known to me be the person( s) who executed the within instrument on behalf ( said artnershi said partnership being known to me to be a Partner of the partner ~f -'-" '.HUGHE~~~~TB"COUNT~ ASSOCIATES 3 the partnership tha' executed the within instrument, and acknowledged to me that this/these per executed same as such partner of said partnership first above named and th DartnershiD executed same as Dartner of H1-NC9 a Ca1ifornia gen. partner' Trish Sheehan '- HI- R c, a Cali P ornia gena Partnership the partnership wh jch is known to me that partnkrship executed same as partner of HUGHES NORTH COUNTY ASSOCIAT a partnership, and that said last named partnership executed the same. I- WITNESS my hand and official seal. c/ L,.l&.J L&-$$w[/"~ Y . J 301 0 SHEET 1 01 8533-86-1; 4- 1-87 EXHIBIT A - EASEMENT FOR PUBLIC UTILITIES PURPOSES (SEE EXHIBIT 6) PORTIONS OF LOT 36 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CI' OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIE( COUNTY JUNE 8, 1908; TOGETHER WITH PORTIONS OF LOT 29 OF CARLSBAD TRACT NO. 76-18 (PLAZA CAMINO REAL SHOPPING CENTER) IN THE CITY OF CARLSBAD, 1 THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF F 8956, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 11, 1978, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIPS OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLI ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT NORTH 89"43'05" WEST, 160.00 FEET FROM POINT "A", I SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 4 OF 7, OF DOCUMENT RECORDEC JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH O"24'44" WEST, 42.57 FEET TO A TERMINUS. ALSO : BEGINNING AT POINT "N", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET E OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE NORTH 45'24'44" EAST, 108.86 FEET; THENCE NORTH O"24'44" EAST, 30.80 FEE TO A TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND FORESHORTENED AT THE ANGLE POINT. ALSO: BEGINNING AT A POINT SOUTH 0'24'44'' WEST, 21.25 FEET FROM POINT "Q", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 6 OF 7, OF DOCUMENT RECORDEI JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 89'35'16" EAST, 40.0( FEET TO A TERMINUS. v v v v w. * 1- - r 077 of aEINS/E CRY cr- GEL 2E%%?4! 2 “aVs2 L IPI NOLTE and ASSOCIATES Engineers / Planners / Surveyors 9755 Cbircmont Mesa Boulmrd, San Diego, CA 92124 lek (619) 278-9392 FAX No. (619) 2784628 €XH/D/7- l5 sEE7h &e Ac.37 C - W"W -4 I. v "I / ,D€?%/L . A I LzxJtmL f!m iv ........................................ &f&f#f?-&M)yJ- ~~ + PO1!!4i5KA?ii 1s Pm Az NO &-rn3?.. KW. 7- U-M. """"_ " cm~~dkr,~r-miZ N0"24&35 "";,y:l 9.. .......... .......... .......... .......... .......... .......... .......... :::Ti , .1 %::::'I /;;;;;Eli'/ ............ &: 1 ......... .......... ......... % .......... ......... ......... .......... ........ , d,.;:.: ........ ;1 l,$/ :;;;, ........... ............ .............. ............. ............. .............. * *f) / l;;i;.;'" ~ * $fip;A;v (+$$$yj!;+/ Q/ .,Ni I r1&' .............. .............. : ............. ;;;:-::;;;TI ......... JW a7IW c LLd' -" ."_ "_ 7 I- L" rn m i-7 .' I SI!/ I -I , N \I %!I, I $! h i I g&4mmRFl!/c L/7/L/T/& hWE7BmtD h- 7- Zl-ffi ATf/P&-2@?372 SI $;!I I I ~~~~~~~ SB9'&?0 I ............ m... . I .;:?;!? :;:;;;;;;>: ...................... 2/: z$ i;;!ji::::::i::: ..; ....................... :::::::::::::::.__._(. J - " I1 jij 1 F4a' DE7A/L k3 L NOLTE and ASSOCIATES Engineers / Planners / Surveyors 9755 Chimmont Mesa Boulevard, kn Diego, CA 92124 Tci: (619) 2789392 FAX No. (619) 2764628 HE7 i EXff15, 6 f+ c.. -7- c _' k .. I * 3@ t CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated May 26, 1987 from Hughes North County Associates to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsb; California pursuant to resolution No. 9209 , adopted on September 1, 1987 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 3, 1987 1 By : dd- ALETHA L. ~~AUTEN~RANZ, city cp ; b Apia klAiZ. TO: IR (' ? "- .-"/ 90,5fj@ 5 1. ? i 5 2 CITY OF CA Carisbad, SBAD California 92008-1989 1200 Elm Avenue ;.." i . ? : c c ,:-.- !. : ,: - - , , i .%. )$I ,,,, :i., ! ; ,;! ,fif?":-'; j _,!, :,;- I-:;':,',:,.., ;:'c?? c-3 3 ] p;j 3: SUBORDINATION AGREEMENT i ,;:: ,.I I. :>;:-,.-. P.,.,., , ' I;; .>,*:. ,,,:a,?L( ": ! :. , ,~ ... -.. .. I !.,.e.).. <l:\ WHEREAS, the owner of that certain property hereinafter describeid hqLgyar(tedL. ..to- the City of Carlsbad, a municipal corporation, in the County of Sa~_djr~pj;~;$t&[&. of Cal i fornia: I" - Easement for general uti 1 i ti es purposes. In the following described real property: (SEE EXHIBIT "A" ATTACHED) AND WHEREAS, UNION BANK, a California Corporation, is hereinafter known as the BENEFICIARY; and UNION BANK, a California Corporation, is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by HUGHES NORTH COUNTY ASSOCIATES, a California General Partnership, to secure a note for fourteen mill ion, five hundred thousand dollars ($14,500,000.00), with interest dated November 26, 1986, and recorded December 17, 1986 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 86-593035. AND WHEREAS, the BENEFICIARY affirms that they are the owners and holders of the hereinabove described trust deed note, and they have not assigned their interest in same, they hereby direct and authorize sa'id TRUSTEE to join with them in the execution of this instrument . NOW, THEREFORE, for and in consideration of the benefits to accrue to the above undersigned expressly subordinates all right,, title and interest in and to that 1 described 1 and by acceptance of said easements by said City of Carlsbad, the t portion of said premises herein described, covered by said deed of trust, to the interest of said City of Carlsbad in said easements with the intent that said easements shall be prior and superior to the lien of the deed of trust hereinabove described. b IN WITNESS WHEREOF the BENEFI IARY and TRUSTEE has caused this instrument to be I executed this 2 4 day of ~+&zQL", 19 a. i 1 I I. 4 I b 'b AS TRUSTEE : AS BENEFICIARY: UNION BANK UNION BANK /&?4AL4A / -/k*!- ddd ./ $5&%& py J IC ard Chatham3 Wssrstant Vice Presrdent Asstant Vice Presrdenj Helen kf. A&ms Vice PPesj&3,~ HeHm BG%. Adam Vice President fi t :; A. > r il) v 307 I) EXHIBIT "A" - PORTIONS OF LOTS 32 TO 36 INCLUSIVE, OF MOSP EUCALYPTUS PORE2 COMPANY'S TRACT, IN THE CITY OF CARLIBAD, THE COUNTY OF SAN DIEG1 STATE OF CALIFORNIA, ACCORDING TO MA:P THEREOF NO. 1136, FILED IN TF OFFICE OF THE COUNTY RECORDER OF SAlN DIEGO COUNTY ON JUNE 8, 190 AS GRANTED TO HUGHES NORTH COUNTY ASSOCIATES, A CALIFORN: GENERAL PARTNERSHIP, BY DOCUMENT RECORDED FEBRUARY 4, 1983, 1 FILE NO. 83-038256 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG COUNTY. TO 1945 CA (8-84) CAT. NO. NN00737 (Corporation) .I 30 6 g TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ora ,, cjp I !ss. ;E r W W X W J L < I- m a lq, 3 On June 3 ~ I987 beFore me, the undersigned, a Notary Public in and said State, personally appeared w. Ric-mfj chatbm personally known to me or proved to me on the ba:.is of satisfactory evidence to be the person who executed the within instrument as the &st - Vi c.p President, and Helen M . Am 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 Vice Presldentw of the Corporaticn that executed the within instrument and acknow1edge.d to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its mission Expires Janmy 7, 1991 - - OFFICIAL SEAL AMY L. SOLOHrO NOTARY ?ilBLiC-CAL FCRNIA PRINC!PAL OFF!CE IN ORANGE CUUNTY - (This area for official notarial seal) ~ 1~ ~~ -~~ ~ GAT. NO. NN00737 TO 1945 CA (8-84) .. (Corporation) w TICOR TITLE INSURANCE I STATE OF CALIFORNIA COUNTY OF Oranqe On June 3, 1987 said State, personally appeared W. Richard Chatham personally known to me or proved to me on the basis w of satisfactory evidence to be the person who executed B the within instrument as the Ass.?-stant VT-ce - r President, and ) xi. t before me, the undersigned, a Notary Public in and w Helen M. Adams s"---- 2 ij Vi f!@ PrP.si d@nt &mmp of the Corporation personally known to me 01' 4 proved to me on the basis of satisfactory evidence to bt, m the person who executed the within instrument as tht, that executed the within instrument and acknowledged '. to me that such corporation executed the within instru. . ment pursuant to its by-laws or a resolution of its ' board of directors. k * , (This area for official notarial seal)