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Home My WebLink About3416; SAMMIS CARLSBAD ASSOCIATES; 1994-0121630; Easement. Y &, w .. ., RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: 908 ** ;: 9' - i =~ .=r B :=. g I, < ; == ?+ z. "I si; -:- I' 2 %: .. j ; ; I i ii ;'.r 2 ; 5%; Fi -,': < :; ,< ~ ;--, -<5 i I;.. . . > - -~. .."- ." , , -. - -~ ,- z i- - - j 1;: ;i; _. .% . . __ - 2- ,.. ..a 72 -=-=-. -~ " .- - " -7.7 - ;= 5 5; ,_ '1: 9 =? e- i "~ r -. -.. "6 %- -. I. ." " e ". ""__. i_ -,:--..-.-.-..-. .. . ii_:.& :... i_...ii , " ,. il .. .. ?.I '"r:" ,~ -=;. ~~- _.?, _.-. I!i,.*:. ".-.-.-.-.??.!>-. r7-7-5- ".>! \, :;>!.!?.: . \::!:<:? .". ;,!;2;y,,.:2 :-r?j".r, ,s.i[.,'"TT T:;;+i;.-. ;-.-:::!x-,.: .--.-..-,-.r.-- .: i__L. ii Lr::;-L 7 <-.<!. , s;,-.!;k.:;:::. .. .- , , , . ->A L .2.-l : -._ ::-:: I - , . .. i _. ,. .. . r-y,."? , .- -,,-.,...-. - ,.,,. i " "" - " ~_." . _i" : ! ?,I .. ... .- z.. . ,.. .. . ..- .. . ,. i " - - >... :_. ,. . .. . EXEMPT i Space Above This Line for Recorder's Use APN NOS. 214-031-03, 214-031-09, 214-031-10, 241-031-11, 214-031-12, 214-036-01, 214-063-21, 214-062-21, 214-061-21 PARTNERSHIP GRANT DEZD OF EASEMENT The undersigned grantor(s) deClate(8): Documentary transfer tax ie SO.00 () computed on full value of property conveyed, or () computed on full value of liens and encumbrances remaining at the of sale. () Unincorporated area: (x) City of Carhbad, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAMHIS CARLSBAD ASSOCIATES, a general partnership organized under the laws of the State of California, hereby GRANTS to CXTP OF CARLSBAD, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of California: for an easement for roadways purposes as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit @@Bn consisting of two (2) pages are attached for clarity only. Dated: Fg@&jfi/?v qt /?yq SAMMIS CARLSBAD ASSOCIATES, a California general partnership By: New England Mutual Life Insurance Company, a Massachusetts corporation, Partner By: Copley Real Estate Advisors, Inc., a Massachusetts corporation, its asset manager and advisor thereunder duly authorized i Bv : P" 4- A -a - - \u\w\ Its: "&XL b~c" ' 100\0647.004 012GRANT.DEE 04/kaa:01/04/94 By: Avenida Encinas Associates, ii California general partncrshi:, Partner 9:' : By : .- * e 0 909 COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. February ./ , 1994 Before me, a Notary Public of the Commonwealth of Massachusetts, duly co issioned and sworn, personally .appeared of Copley Real Estate Advisors, Inc., tkde <$set manager and Q.h.HA,Es /$ c (/aLe fiE yI (“9 I M~WAQ~KIO * ci >IPFP)(~B advisor of New England Mutual Life Insurance Company, known to me to be the person that executed the within instrument on behalf of Copley Real Estate Advisors, Inc., in its capacity as aforesaid, and acknowledged to me that said corporation executed the same as its free act and deed, in its capacity as aforesaid. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. .. ., ,. ’ . . , .’. <. : r ., I ., a/ ,.,. . r~ .. ~ - .I,. -.""-I_" """"-~-~ CAPACITY CLAIMED BY SIGNE 910 c] INDIVIDUAL(S) ./ 0 I, 0 911 * : 'J EXHIBIT 'A' EASEMENT FOR PUBLIC HIGHWAr Assessor's Parcel Nos: 214-031-03 - 214-031-09 " 214-031-10 * 214-031-11- 214-031-12 y 214-O36-0lJ 214-061-21" 214-062-21-- 214-063-21 Sammis Carlsbad Associatejhereby called Grantor does hereby grant, convey, and dedicate to the City of Carlsbad, a easement over that portion of Section 20, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof and that portion of La Costa Downs Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927, described in Deed to Sammis Carlsbad Associates, a California General Partnership, dated November 11,1986, recorded November 14, 1986 as File No. 86-524055 of Official Records; all that portion lying southerly, southwesterly and westerly of courses (1) through (5) described below as follows: Commencing at a Standard "10 well monument with brass disc stamped R.C.E. 27732 located on the centerline of Avenida Encinas at the northerly end of a curve concave to the west having a radius of 1700 feet as shown on Carlsbad Tract No. 81-5 according to Map thereof No. 10899 filed in the Office of said County Recorder; thence northwesterly along said centerline per Map 10899 North 26'09'36" West 389.26 feet (North 26'50'59" West record); thence leaving said centerline North 63'50'24'' East 42.00 feet to the TRUE POINT OF BEGINNING and de beginning of a non-tangent 642.00 foot radius curve concave southwesterly a radial line to said point bears North 63'50'24" East; thence (1) northwesterly along the arc of said curve through a central angle of 63'11'24" a distance of 708.05 feet; thence (2) North 89'21'01" West 180.83 feet to a tangent curve concave northeasterly having a radius of 558.00 feet; thence (3) northwesterly along the arc of said curve through a central angle of 68'56'09" a distance of 671.36 feet; thence (4) North 20"24'52" West 728.31 feet to a tangent curve concave northeasterly; thence (5) northwesterly along the arc of said curve through a central angle of 0'58'32" a distance of 9.50 Feet to the most northerly line of Block 21 of said Map 2013, said point being the point of terminus. Together with the privilege and right to extend, excavation and embankment slopes 10 feet beyond the limits of herein described road easement, where required for construction, said privilege to extend slopes and construction easement will terminate upon filing of Notice of Completion. The bearings used in the above description are on the California Coordinate System of 1983, Zone 6. Total permanent road easement area 68,686 square feet, 1.577 acres. .. . ... "1 I" L YL . Y -" DETAIL "A" LOMlTA ROAD 0.51' DETAIL "C" DETAIL "D" . SCALE: 1 "=20' - MONTECITO ROAD a LA JOLLA ROAD F POINT OF BEGINNING N 63'50'24" E (RADIAL) BLK 31 COMMENCEMENT STD. WELL MONUMENT STAMPED 'R.C.E. 27732' JQ-Jp p JdcJ MONTERY ROAD SHEET 2 OF 2 OJECT NAME: I PROJECT NO: I EXHIBIT NENIDA ENCINAS: EXTENSION ND WIDENING 1 3416 1 B BLK I9 ELK 1 a C ( C < - 4 MARICOPA BLVD APN: 21 4- 031 -1 1 APN: 21 4-031 -09 APN: 214-031-03 LEGEND: INDICATES TO BE 1.577 ACRES APN: 21 4-031 -1 0 I 100 10 0 SCALE: 1" = 1 OOs L = 3Y*77' \ SHEET 1 OF 2 3JECT NAME: EXHIBIT PROJECT NO: VENIDA ENCINAS: EXTENSION ND WIDENING B 341 6 1- ,\ e e 914 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 2 / 4 / 9 4 , from Sammis Carlsbad Ass,ociates to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5,1991, and the grantee consents to the recordation thereof by it's duly authorized officer. DATED: February 18, 1994 , I I '1' L , '. 4. e *? g $ Gzg, q: 7: ;- 2"; 1 =x< 2 .1 .. :if - E$ - g L $ j +"2 _- E i 2 ;;?,: i " .d -=- I : .- .. ": 7 - r 2; - 7 4 Q &- T 7, ~ 5 -I; C7-M -xz2-r :._ -~ - :- i ,_. = i f . 3: -L &_ .- 915 ". :,- r r - ~ .-. r =, . -. ? " .- ?. r: ". -.. ; ::;:?- .?::;":?i!:: - .:~ _" ".-: ,-.r..,.{-,.! "v.-.".-.?.-L". -.-r-n- :+.La ;:$&;*+. , ., .;,;, i -z;; ::%:i"" + ::;:.. - . .,. L*z.-%s.L ".:::J<.. : .?L.L.-:.k-:, .-. !-.! ! _:_ Li;;& ; j_ ;;:L".; - . :.:,-.. i -.j. _._ ,"' :::_: :-:: ~. L.+$:+.-:: L.-.:L..::I I\i ."-. ..". ., .._ . .. .- - -.... . . ,i ."" -.: i: :.-. .7.5? !. .-:.: ~r.-,".-. ??: -. "77.. _"- ,._ .- 7:. .. . .. t " .-. . , ..- ._ . - -. I1 ,- . I RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1 City Clerk 1 CITY OF CARLSBAD 1 ,:;' 1200 Carlsbad Village Drive ) '1;' .' Carlsbad, CA 92008 1 Space above this line for Recorder's use. SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) APN' s: 214-031-03,214-031-09,214-031-10p 214-031-11,214-031-12,214-036-01, 214-061-21, 214-062-21, 214-063-21 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT 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 Yfiday of 19% by SAMMIS CARLSBAD ASSOCIATES, hereinafter referred to as "Owner, It owner of the land and THE BANK OF NOVA SCOTIA, hereinafter referred to as lIBeneficiarytt; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Sammis Carlsbad Associates did execute a deed of trust, dated December 23, 1993, to Lawyers Title of Arizona, Inc., Continental Lawyers Title Corp., Lawyers Title Insurance Company, as trustee, covering that portion of La Costa Downs, Unit No. 1, Blocks 19, 20, 21, 25, 26, Map No. 2013, to secure a note in the sum of THREE MILLION SEVEN HUNDRED THOUSAND DOLLARS AND 00/100 ($3,700,000.00), in favor of The Bank of Nova Scotia, AGREEMENTSMG-24.FRH -1- RN 05/11/93 .* , I *' ! *. , .. .. b a 0 916 recorded in the office of the County Recorder of San Diego County on December 23, 1993, as File No. 1993-0869715 of Official Records of said county: and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTS datedF&&. 4! i9yYin favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating the EASEMENTS more particularly described in EXHIBITS IIAlI and llBtl attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTS provided the grant of EASEMENTS 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 EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTS and Beneficiary is willing that the grant of EASEMENTS 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 EASEMENTS above referred to, it is hereby declared, under- stood and agreed as follows: 1. That said EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the AGREUIENTSVG-24.FRH -2- REV 05/11/93 .. , $ .I I '. , *. .. 1 e 0 917 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 EASEMENTS 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 EASEMENTS in 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 to, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien OF charge thereof to another interest in the real property therein described. Beneficiary declares, agrees and acknowledges that: 1, We consent to and approve the grant of EASEMENTS in favor of the Easement Grantee. 2. We intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTS is being executed and delivered, the EASEMENTS are 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 subordination. /// AGREEHENTSVIG-24.FRH -3- REV 05f 11/93 .. .9 I i '. , . a. .. 0 918 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge Qf the Easement in favor of Easement Grantee above referred to. Executed this qfl day of fl&fiU &&Y , 19 qq. BENEFICIARY: OWNER: THE BANK OF NOVA SCOTIA SAMMIS CARLSBAD ASSOCIATES (Name of Beneficiary) (Name of Owner) By: ""I '" By: SEE ATTACHED SIGNATURE (sign here) (sign here) (print name here) (print name here) PAGE Ne/ f-ZoadcL!&W" , * 1- v fcw ?dasi&&m+ ., &?-P.hk OF ?d; y;: XLGb'O. (title and organization of (title and organization of signatory) By: (sign here) R&+ B3QQ (print name here) (print name here) (title and organization of (title and organization of signatory) signatory) dits vgs;~si*b:f- I LL~C up t~o-fa sissGb (Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By : PI. /&* 1 Deputy city Mtorney AGREEnENTS\AG-24.FM -4- REV 05/11/93 . , .,.I I .I a 0 919 SAMMIS CARLSBAD ASSOCIATES, a California general partnership By: New England Mutual Life Insurance Company, a Massachusetts corporation, Partner By: Copley Real Estate Advisors, Inc., a Massachusetts corporation, its asset manager and advisor thereunder duly authorized q/b By: Avenida Encinas Associates, a California general partnership, Partner By: rn av e&w." P" By: STATE OF CALIFORNIA COUNTY OF ORANGE On e, the undersigned, a SS my hand and official seal. .7 Notary Public ,/ , I., I 0 0 920 STATE OF NEW YORK) : ss.: COUNTY OF NEW YORK) On this 4th day of February, 1994 before me personally came Me1 J. Mandelbaum, to be known, who, being duly sworn by me, did depose and say that he resides in 401 E. 84th Street, New York. NY ; that he is the Vice President of The Bank of Nova Scotia, the entity described in and which executed the above instrument; in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which he acted executed the instrument. /7 /y /&Pd Notary DIAN$T. SlGNER Nota Pubic, State of New York 3 gfg Commission Expires Match 8, Qualified in Queens County " -. #o. 41 -01 Si5OOW6 Commission expires: ,,., , ,. i' ',, , ' .,. 1 . , ._', > I, -.> ; , .( ,..: .. r-5- . ,. . , .. .. ,, LA _I , " , " ., .. " * I' 'I '! . , <-; ! ,. ;"a .' c, , ,; , dr . ". h -T : .. . : ,I .. I , Y ,. j ~~ ; ,". \,.' ; . : ,. , .* ., .. ., . ._ ,. . , .. ~. I., ,. , . I j *I., 1 0 0 921 STATE OF NEW YORK) : ss.: COUNTY OF NEW YORK) On this 4th day of February, 1994 before me personally came Robert H. Boese, to be known, who, being duly sworn by me, did depose and say that he resides in 32 Ellsworth Drive, Robbinsville, NJ ; that he is the Vice President of The Bank of Nova Scotia, the entity described in and which executed the above instrument; in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which he acted executed the instrument. /1 J Notary Pu DIANNE T. SIGNER Nota Public Sme of New York x@. 41 -61 S15o09046 Commission expires: 3,f-$%" Cammission Qualified Expires in Queens March8, Co fig < .\~,%, .,. i . ,%-:I x,. ..: .... ~, . ~., >". . * "'I , ,' ' , , .. ., , I ' : .. I. .. , d -5 --: >- , ; c7' c', f2 , " ~.* I_ :. , . Sd ,_ . ,, 1 .: :j : ,. a-. ~ = , .' :- r $2 '.J - -.? .* .. n /), :i .1 ' $8 ;. ." I" . ,',. . ( :-, I- ? I .,. i a. ,. ., 1- L-!, *LA "*=$-:$ I *. ,, \.: ..<. , , . . . ' . ~ '\ , ..: .c "'=,<>' ,:: i ,. ..,.' .. . . ,x 1”’ ‘ .. .. a @ 922 COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. February z, 1994 Before me, a Notary Public of the Commonwealth of Massachuse ts, dul commissioned and sworn, personally a peared of Copley Real Estate Advisors: Inc., t e set manager and advisor of New England Mutual Life Insurance Company, known to me to be the person that executed the within instrument on behalf of Copley Real Estate Advisors, Inc., in its capacity as aforesaid, and acknowledged to me that said corporation executed the same as its free act and deed, in its capacity as aforesaid. e hA&G .? h LJPAJ~C M? flH pdg ZI .,74& IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. , .. .. . .\ . ,, ‘ ,j .LC‘.I . ,,.- . .. I - .” 1.. .> . .\. - 2‘ Ij , . . ”” . .,. ... , . %. i ., . , \ ’ INDIVIDUAL(S) c] CORPORATE TITLE(S) personally appeared c] ATTORNEY-IN-FACT n GUARDlANlCONSERVATOR ' signature(s) on the instrument the person(s), '' acted, executed the instrument. , , I ,. .. NAME OF PERSON(S) OR ENTITY(1ES) . ,.,.n- !! THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Number of Pages Date of Document 0 1991 NATIONAL NOTARY ASSOClATlON - 8236 Rernrnet Ave. - P.O. Box 7184 * Canoga Park, CA 91 ' ,k *;i- )i w , I, ,. %SEMEN" FOR PUBLIC HIGHW Y EXHIBIT 'A' a . Assessor's Parcel Nos: 214-031-03 214-031-09 214-031-10 214-031-11 214-031-12 214-036-01 214-061-21 214062T21 214-063-21 925 Sammis Carlsbad Associatehereby called Grantor does hereby grant, convey, and dedicate to the City of Carlsbad, a easement over that portion of Setion 20, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the 'City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof and that portion of La Costa Downs Unit No. I, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 26, 1927, described in Deed to Sammis Carlsbad Associates, a California General Partnership, dated November 11,1986, recorded November 14,1986 as File No. 86-524055 of Official Records; all that portion lying southerly, southwesterly and westerly of courses (I) through (5) described below as follows: Commencing at a Standard "10 well monument with brass disc stamped RCE. 27732 located on the centerline of Avenida Encinas at the northerly end of a curve concave to the west having a radius of 1700 feet ai shown on Carlsbad Tract No. 81-5 according to Map thereof No. 10899 filed in the Office of said County Recorder; thence northwesterly along said centerline per Map 10899 North 26'09'36" West 389.26 feet (North 26'50'59" West record); thence leaving said centerline North 63'50'24'' East 42.00 feet to the TRUE POINT OF BEGINNING and the beginning of a non-tangent 642.00 foot radius curve concave southwesterly a radial line to said point bears North 63'50'24" East; thence (1) northwesterly along the arc of said. curve through a central angle of 63'11'24" a distance of 708.05 feet; thence (2) North 89"21'01" West 180.83 feet to a tangent curve concave northeasterly having a radius of 558.00 feet; thence (3) northwesterly along the arc of said curve tlirough a central angle of 68"56'09" a distance of 671.36 feet; thence (4) North 20'24'52'' West 728.31 feet to a tangent curve concave northeasterly; thence (5) northwesterly along the arc of said curve through a central angle of 0'58'32'' a distance of 9.50 Feet to the most northerly line of Block 21 of said Map 2013, said. point being the point of terminus. Together with the privilege and right to extend, excavation and embankment slopes 10 feet beyond the limits of herein described road easement, where required for construction, said privilege to extend slopes and construction easement will terminate upon filing of Notice of Completion. The bearings used in the .above description are on the California Coordinate System of 1983, Zone 6. Total permanent road easement area 68,686 square'feet, 1.577 acres. 1.u JJ IU L IETAIL "C" DETAIL "D" . SCALE: 1"=20' N 89'21'01" W 140.00' - LA *IOLLA ROAD N 63'50'24" E (RADIAL) BLK 33' COMMENCEMENT STD. WELL MONUMENT STAMPED 'R.C.E. 27732' 10 acJr rJ 9 MONTERY ROAD SHEET 2 OF 2 PROJECT NO: EXHIBIT ENAME: NIDA ENCINAS: EXTENSION \A/tnrhIIh~n 8 341 6 N LUIS BLV MARICOPA BLVD APN: 21 4-031-1 1 APN: 214-031-09 APN: 214-031-03 -EGEND: INDICATES TO BE ACQUIRED AREA 1.577 ACRES APN: 214-031-10 p_I”l 50 100 0 SCALE: 1” = 100’ L = 3Y*77’ \ SHEET 1 OF 2 IECT NAME: IENIDA ENCINAS: EXTENSION PROJECT NO: EXHIBIT 341’6 In \AIlIIChlIhlfl 13