The URL can be used to link to this page

Home My WebLink About; KAIZA POINSETTIA CORP.; 1999-0425779; Easement.x I e &co~?n?i-, /,T 7f-j: '2c"JJ;EST w CHICAGO Tij'z ca. L- Order NO. Escrow No. Loan No. WHEN RECORDED MAIL TO: JACKSON, DEMARCO & PECKENPAUGH (BWC) 4 Park Plaza, 16th Floor Post Office Box 19704 Imine, CA 92723-9704 ;rh RIljIH,cll OF T&S ij~C#@g W HECORDEC ilt4 JUN 17, 11% DOCUHEFT NiiBEk 1'?Yj-DCL5?E GHEGDRY J. SMITti? CC.Ut"/'Y EiCoi;fiE: 3% DIEGO COUNTY RECORDER'S LF'FICI THE: 20'7 p# - . ". I DOCUMENTARY TRANSFER TAX $ 5 0 (value less than $1 00) SPACE ABOl'E THIS LI;VE FOR RECC - J Computed on the consideration or value of property conveyed; OR - Computed on the consideration or value less liens or encumbrances The undersimed Grantor remaining at time of sale. Signature of Declarant or Agent determining tau--Firm N, _".. . .. x. \;.\ \< ~ GRANT OF EASEMENT q\ (Westerly Basin and Access Road) ; '\, ' \ j $\ iL,, / FOR VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, KAIZ. POINSETTIA CORPORATION, a California corporation ("Kaiza"), hereby grants tk following easements: I. Laing Easements. Kaiza hereby grants easements to WL Homes LLC, a Delawa limited liability company, d.b.a. John Laing Homes ("Laing") over (a) that portion of Lot 2 ( Carlsbad Tract 82-1 8 as shown on Tract Map No. 1 1290 ("Lot 2") comprising of approximately 1 acres and described on Exhibit A attached hereto as the "Westerly Basin" for the purpose c maintaining the Westerly Basin as required under that certain unrecorded Desiltation Basi Maintenance Agreement, dated as of Ap( 2 q , 1999 (the "Basin Maintenanc Agreement"), between Laing and the City of Carlsbad (the "City") and (b) that portion of Lot described on Exhibit A as the "Access Road" for the purpose of accessing the Westerly Basin fro1 Carlsbad Boulevard. The Basin Maintenance Agreement is incorporated herein by reference. 2. City Easements. Kaiza hereby grants eas,ements to the City over the Westerly Basi and Access Road for the purpose of exercising the City's rights under the Basin Maintenanc Agreement. The Easements granted hereby shall be terminated as of the date on which the City record an acceptance of Kaiza's offer of dedication of the Westerly Basin and the Access Road. MAIL TAX STATEMENTS TO: Kaiza Poinsettia Corporation 23 172 Plaza Pointe Drive, Suite 155 Laguna Hills, CA 92653 8 0 0 Executed by Kaiza to be effective as of the date on which this Grant of Easement recorded. .?*@ , +S&, . .9 .= MTATE OF C'ALIEORNIA 1 ) ss. 1 COUNTY OF ,&??Lfl>$Z . On /&,-, /+ 2 9 , 1999, before me, 4.6, .;c/& ,(' -- personally appeared NOFUKO SAIGA, personally known to me (or proved to me on the basis ( satisfactory evidence) to be the person whose name is subscribed to the within instrument an acknowledged to me that he executed the same in his authorized capacity, and that by his signatu] on the instrument the person, or the entity upon behalf of which the person acted, executed tk instrument. WITNESS my hand and official seal. (SEAL) .. .. 4g;: /[YS ,,g $? y'. " ~ L/ otary Public in and for said State J(fw ,A) c7:3 'Ii f" 'l+L-&...'lL,J ?/,P i,i hif.CFl Dii"r + -2- bwc257/26165/31439C 4/23i! . 0 0 EXHIBIT A TO GRANT OF EASEMENT MAP SHOWING WESTERLY BASIN AND ACCESS ROAD bn.c257/26165/31439~ 11221 ~~ ~~ "". .~. ~ b 0 aEEI 1 OF 1 I \ NO SCALE POINSETTIA SA WESTERLY BASIN L: I KENO: EMSI: ACCESS ROAD. . . . . . Essl a crb&r "car( Uc+4 m"1-m su.+q Foi: 7W-Wl- 1 I 01999 O'Day Consultants, Inc. rA.lJs5\99laJ3\5?m3zm 3-22-99 1s XREFSI990W~P.SnZTWL~XlOO,OSTNIDO . 0 e OPTIONEE'S CONSENT K. HOVNANIAN COMPANIES OF SOUTHERN CALIFORNIA, INC., a California corporation (the "Optionee"), as the holder of the option (the "Option") to purchase Lots 1 and 2 of Carlsbad Tract No. 82- 18 (the "Option Property") pursuant to that certain Option Agreement (the "Option Agreement"), dated September 17,1998, between Kaiza Poinsettia Corporation, a California corporation, as "Optionor," and Optionee, a memorandum of which was recorded on February 5, 1999, as Instrument No. 1999-0073229 in the Official Records of San Diego County, California, hereby consents to the foregoing grant of easement (the "Easement"). Optionee approves such Easement as a "Permitted Exception" as defined in the Option Agreement, and upon acquisition of the Option Property by Optionee, should that occur, Optionee agrees that upon written request from the City or Laing it will confirm that the portion of the Option Property constituting the Westerly Basin and the Access Road remain subject to the Easement. The City is a third-party beridiciary of the obligation undertaken by Optionee pursuant to this Consent. K. HOVNANIAN COMPANIES OF SOUTHERN CALIFORNIA, INC., a California corporation By: "7L-4 / c- Nicholada4pas, President Date: STATE OF CALIFORNIA 1 COUNTY OF cyMno\CL 1 ) ss. I On@Of. -2 f" ? 199% - before me, b e"? 2 , -%Ue (kt? I L ,personally appeared NICHOLAS PAPPAS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he) (she) executed the same in (his) (her) authorized capacity, and that by (his) (her) signature on the instrument the person: or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I /I i ,' .I' ~, ~. --,-.-~. /- %d for said State"".. ~ (SEAL) bwc257/26165/313396.4 1!22199 * e * L CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated April 2s 1999, fiom KAIZA POINSETTIA CORPORATION, to the City of Carlsbad, California, municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, Californi pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents tc the recordation thereof by its duly authorized officer. DATED: June 16,1999 AB& g. A &/LL ,-\ L ALETHA L. RAUTENKRANZ, City’klerk