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Home My WebLink About; Hughes North County Associates; 89-427789; Easementf RECORDING REQUESTED BY CITY OF CARLSBAD m AND WHEN RECORDED MAIL TO r.City Clerk City of Carlsbad 1200 Elm Avenue idTress Carlsbad, CA 92008 City & State i_ Name J r Name MAIL TAX STATEMENTS TO N/A Street Address City &L State |_ J 2359 69 J m fo m 9:13 CIIKOER NOf££ CAT. NO. NN00586 TO 1925 CA (11-83) Partnership Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS SPACE ABOVE THIS LINE FOR RECORDER'S USE PR 2.3.20, PD 272 APN 156-301-15 The undersigned grantor(s) declare(s): . Documentary transfer tax is fl oJMf . ( ) 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: ( X) City of Carlsbad _, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hughes North County Associates, a general hereby GRANTS to partnership organized under the laws of the State of the City of Carlsbad, a Municipal Corporation the following described real property in the County of San Diego , State of California. An easement for general utility purposes as described on Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. HUGHES NORTH COUNTY ASSOCIATES, a Califomia general partnership BY: HI-NC, a Califomia general partnership, General Partner BY: HUGHES INVESTMENTS, a Califomia general partnership General Partner By Dated: STATE OF C COUNTY OF On Thomas H. Purcell General Partner IFORNIA Orange , the ydVidersigned, a Notary Public in ] SS. before and for said By By Partner Partner State, personally appeared Thcxnas H. Purcell personally known to me or proved to me on the basis of satisfactory evidence to be the person who exe- cuted the within instrument as orip^ of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hjtQd and official seal. j OFFICIAL SEAL DONNA HUHEM Notvy PubRo-CaKtofnia ORANGE COUNTY My Comm. Exp. Mar. 12.1093 Signature Donna Huhem (This area for official notarial seal) Title Order No. Escrow or Loan No. 2360 EXHIBIT A EASEMENT FOR PUBLIC UTILITIES PURPOSES (SEE EXHIBIT B) PORTIONS OF LOTS 34 AND 35 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1908, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT NORTH 0''24'44" EAST, 7.50 FEET FROM POINT "F", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 4 OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 89°35'16" EAST; 12.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89''35'16" EAST, 244.00 FEET; THENCE SOUTH 0''24'44" WEST, 15.00 FEET TO A TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND FORESHORTENED AT THE ANGLE POINT. ^yC^^^^^^^^ rALD W. WOOTTON L.S. 4250 EXP. 6/30/92 (MS1318-Q) 2361 is ZZZZZ3 feZZiZZZZS lb.OO' NO LTE. and ASSOCIATES f7SS CtAlrcmont M«M Bovtcwrd. OWO. CA 92124 PSTAIL V/Z/A <^i^^/^L UTILITY X////A ^'c^T. a^rao. VICINITY MAP 23^2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated June 6, 1989 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 Carlsbad, California pursuant to resolution No. 89-266 , adopted on August 1, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 2, 1989 By: Cxljotk^ 7^..- ALETHA L. RAUTENKRANZ, City Clerk * .RECORDING REQUESTED BX'MD WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 2363 89 '27790 f 'I ' Space above thisM Y^j^f JR^^ use SUBORDINATION AGREEMENT NO FEE NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 30thday of January 1989^ by Hughes North County Associates, a California General Partnership hereinafter referred to as "Owner," owner of the land and the Travelers Life and Annuity Co., herein- after referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Hughes North County Associates did execute a deed of trust, dated December 29, 1988, to Ticor Title Insurance Company of California as trustee, covering PR 2.3.20, PD 272, APN 156-301-15 real property described on Exhibit "A" attached hereto, to secure a note in the sum of seventeen million dollars ($17,000,000.00) dated December 29, 1987 in favor of the Travelers Life and Annuity Company recorded December 30, 1987 as File No. 87-714176 of Officical of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated January 30, 1989 ,in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibit B attached hereto; and » 2354 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 Easement 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, 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 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 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 bet- - 2 - • 2365 ween the deed of trust and Easement hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those pro- visions, 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 subor- dination 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 2366 3. An endorsement 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 Easement in favor of Easement Grantee above referred to . BENEFICIARY OWNER Neil Hamilton Regional Director Hughes Itorth County Associates Please see attached si^ture page 5 NOTE THAT THt PRISIDENT OR VICE-PRESIDENT AND THE SECRETARY 4 ASSlStANT SCY hush ^^^^"""'t^^i^S SD BY THE TRllE COPY or k RESOLUtldR OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE jFtRtT^RY bR MSSlSTm OF THE CORPORATION, UNDER CORPORATE SEAL tcSSlLY EMS^^^^^^^^ SIGNING IN BEHALF OF THE C^^^^^^^^^ WILL SHOW SUFFICIENT AUfHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIETCONSU^ THEIR AHORNEYS WITH RESPECT THERETO. Approved as to form: torney (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) - 4 - • 2367 SUBORDINATION AGREEMENT BETWEEN HUGHES NORTH COUNTY ASSOCIATES (OWNER) AND TRAVELERS LIFE AND ANNUITY CO. (BENEFICIARY) Page 5 HUGHES NORTH COUNTY ASSOCIATES, a California general partnership BY: HI-NC, a California general partnership. General Partner BY: HUGHES INVESTMENTS, a California general partnership. General Partner By: Thomas H. Purcell General Partner STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE On a this day of Notary Public in and7tor said State, personally appeared before me Donna R. Huhem known to me to be the partner(s) of HUGHES INVESTMENTS, the partnership that executed the within instrument and known to me to be the person(s) who executed the within instrument on behalf of said partnership, said partnership being known to me to be a Partner of HI-NC , the partnership which is known to me to be the partner of HiJfflES MJHH QIMY AS30CIAIES. the partnership that executed the within instrument, and acknowledged to me that this/these person(s) executed same as such partner of said partnership first above named and that partnership executed same as partner of HI-NC and that partnership executed same as said partner of HUGHES NORTH COUNTY ASSOCIATES last named partnership executed the same a partnership, and that OFFICIAL SEAL DONNA HUHEM Notary Public-Caiifomia ORANGE COUNTY My Comm. Exp. Mar. 12.1993 WITNESS my hand and official seal -Do-RR-a—R----H^em- Donna Huhem 2368 - - Loan# 204721 • C30RPORATE INDIVIDUAL ACKNCWLEDGEMEJ^ STATg OF CALIFORNIA ) ) gs. COUNTY OF CONTRA COSTA ") On June 13. 1989 . ^^^^^ ^hs undersigned Notary Public, in and for the State of Califomia and County of Contra Costa personally appeared Neil Hamilton , known to roe to be the _ Regional Director of THE TRAVEJ£RS aiSx^MHSKw, a Connecticut corporation, the corporation that executed the within instrument, and known to ms to be the person who executed the within instrument on behalf of the corporation therein naned, and acknowledged to ne that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFJCIAL SEAL DANA L. RODGERS NOTARY PUBLIC - CALIFORNIA f5i|f,»«-,jpAL OFFICE »N coin RA CCSTA COUNTY My commission Eges March 5. 1993_ Signature: Notary PuBlic in anc^for the State of Califomia, County of Contra Costa My Commission expires: 2369 EXHIBIT "A' PORTIONS OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 1908, AS GRANTED TO HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP, BY DOCUMENT RECORDED FEBRUARY 4, 1983, AS FILE NO. 83-038256 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. 2370 8533-88-29 1-7-88 EXHIBIT B - EASEMENT FOR PUBLIC UTILITIES PURPOSES PORTIONS OF LOTS 34 AND 35 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1908, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT NORTH 0'24'44" EAST, 7.50 FEET FROM POINT "F", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 4 OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 89'35'16" EAST; 12.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'35'16" EAST, 244.00 FEET; THENCE SOUTH 0°24'44" WEST, 15.00 FEET TO A TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND FORESHORTENED AT THE ANGLE POINT (LD0006-S)