HomeMy WebLinkAbout3607; KW Fund I - Carlsbad 1 LP; 2006-0210267; EasementDGC# 2006-0210267
AB 18,486
3-21-2006
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
MAR 27, 2006 4:14 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
( ) 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
Assessor's Parcel No.: 212-062-17
Project No. & Name: 3607
El Camino Real north of Faraday Avenue
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KW Fund I - Carlsbad 1 L.P., a Delaware Limited Partnership and Sunrise Property Associates
LLC a Delaware Limited Liability Company.
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of
California: an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES over,
under, upon and across said real property as described in Exhibit "A" consisting of one (1) page,
attached hereto and made a part hereof. Exhibit "B" consisting of one (1) pages is attached for
clarity only.
DATED KW Fund I - Carlsbad 1 L.P., a
Delaware Limited Partnership
(Name otCompany)
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
On »\A-CXA.cJU, fe i <2-OOV» .
&Ajuavt H<- f-t . P . 9>cXjLOlAj2A?
(here insert name and title of the officerl
oersonallv aooeared A^XA. C.. r'lQi
By:
before me, Name:
)
-66uuu . Title:
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (sfwhose name(s^
is/aw subscribed to the within instrument and acknowledged By:
to me that he/sbeflfcey executed the same in his/l^errthetf
authorized capacity (ic*), and that by his/hwrthem signature^
on the instrument the person^), or the entity upon behalf Name:
of which the person^ acted, executed the instrument.
WITNESS my hand and official seal. Title:
Signature: J^yV^^prc^ 'VU. -K, |QfJ4
DATED ' * |^B
rrtlMa«tor=\Fr,rm«>f5ranl Rocri nf Paoamont . Hitv Ej
6JU/&
tfegJb. BPIGITTE M P 8OUDRESS
ffAJ^ Commisston * 1450779
E&ja Notary Public - CaUbmta
mSe/ Los Angetes County
^•^^ MyCawn.Bc*wNovll.?orj7
rffCJL
/ (Signature)
3^-^ \rcs^-<~
(Type or Print)
(Type or Print)
(Signature)
(Type or Print)
(Type or Print)
i
6/1/00
STATE OF CALIFORNIA
COUNTY OF SWWEGO
y
On before me,
(here insert name and titlepf the officer),
personally appeared lAftfrX/i "b f( •>
nareonally knnwrt tu me-for proved to me on the basis of
satisfactory evidence) to be the person(sjr whose namsfs'f
is/aje"subscribed to the within instrument and acknowledged
tome that he/sJa^Tthey-Texecuted the same in his^>ef7tt»e1r
authorized capacity(j^s7, and that by his/hprfthjefr signature^"
on the instrument the oersorj^s^or the entity upon behalf
of which the persorj^) acted, executed the instrument.
WITNESS my Hand/and official seal.
Signature:
Sunrise Property Associates, LLC, a
Delaware Limited Liability Company
By: Sunrise Associates, a California
General partnership, its sole
Member and Manager
af Company)
By:
Name: Thomas K. Armstrong
(Type or Print)
Title:
(Type or Print)
By:
Name:
Title:
(Signature)
(Type or Print)
(Type or Print)
rSHARON MILLER
Commission # 1377480
Notary Public - California
Nevada County
My Comm. Expires Sep 30.2006
WordVMasters\Forms\Grant Deed of Easement - Cilv 6/1/00
CONSENT OF LENDER
The undersigned LaSalle Bank National Association, as Trustee for the Registered
Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through
Certificates, Series 2005-C18 ("Lender"), the current holder and beneficiary of that certain Deed
of Trust, Security Agreement and Fixture Filing, dated March 23, 2005 (the "Mortgage") from
KW Fund I - Carlsbad 1, L.P., a Delaware limited partnership ("Borrower"), as recorded on
January 3, 2005 in Book 2005 at Page 125 in the Office of the County Recorder of San Diego
County, California, does hereby consent to the terms and provisions of that certain Grant Deed of
Easement, dated V\o.TeV\ (o , 2006 from Borrower to the City of Carlsbad, a Municipal
Corporation (the "Easement"), to which this instrument is attached and agrees to waive and
subordinate the lien of the Mortgage to said Easement.
Lender is executing this document solely to provide its consent as a lender to the
contemplated grant of easement as required under the Loan Documents (as defined in the
Mortgage). The relationship between Lender and Borrower is that of a borrower and a lender
only and neither of those parties is, nor shall it hold itself out to be, the agent, employee, joint
venturer or partner of the other party. The consent granted herein is expressly limited to the
matters described herein and shall not be deemed a consent to or as a waiver of any other
conditions or requirements in the Mortgage or the other Loan Documents.
This Consent of Lender is dated this 7 day of January, 2006.
LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS OF
WACHOVIA BANK COMMERCIAL MORTGAGE
TRUST, COMMERCIAL MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-C18
By: WACHOVIA BANK, NATIONAL ASSOCIATION
solely in its capacity as Master Servicer, as authorized
under that certain Pooling an^i Servicing Agreement
datedasofiyiay 1,2005
By:
Name: Brett H.
Title: Vice Presiflent\
CLTOI /4778604v 1
STATE OF NORTH CAROLINA )
): ss.
COUNTY OF MECKLENBURG )
On this day of January, 2006, personally appeared before me Brett H. Morgan, to me
known (or proved to me on the basis of satisfactory evidence) to be the Vice President of
WACHOVIA BANK, NATIONAL ASSOCIATION, acting solely in its capacity as Master
Servicer for and on behalf of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL
MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-C18, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said entity, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said instrument,
and that by his/her signature on the instrument the entity upon behalf of which he/she acted,
executed the instrument.
[SEAL]
JANET GARNER
NOTARY PUBLIC
GASTON COUNTY, N. C.
My Commission Expires March 27, 2010
«^^^^^*ta^^^^AiH^^ta^^ta^^M^^l^^^^^^^^i*
Nopfry Public
My commission expires:J1/
-2-
CLTOl /4778604v 1
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: KW FUND I - CARLSBAD 1, L.P,
APN: 212-062-17
PARCEL A PERMANENT ROAD EASEMENT
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16317, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DECEMBER 6, 1990 AS FILE/PAGE NO. 90-652174, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 1 SOUTH 49°09'18"
WEST (RECORD SOUTH 49°08'46" WEST) 13.05 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,876.00 FEET, A
RADIAL BEARING TO SAID POINT BEARS SOUTH 53°53'59" WEST;
THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTHWESTERLY ALONG SAID
CURVE CONCENTRIC WITH AND DISTANT 13.00 FEET MEASURED RADIAL FROM THE
NORTHEASTERLY LINE OF SAID PARCEL 1 THROUGH A CENTRAL ANGLE OF 01°13'49" AN
ARC LENGTH OF 40.28 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 70.00 FEET;
THENCE LEAVING SAID CONCENTRIC CURVE NORTHERLY ALONG SAID COMPOUND
CURVE THROUGH A CENTRAL ANGLE OF 29°36'24" AN ARC LENGTH OF 36.17 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 35.00 FEET;
THENCE NORTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
28°02'25" AN ARC LENGTH OF 17.13 FEET TO A POINT OF CUSP WITH THE EASTERLY LINE
OF SAID PARCEL 1, SAID POINT BEING ON A 1,863.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 56°41'47" WEST;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL 1 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°45'49" AN ARC LENGTH OF 89.86 FEET TO THE POINT
OF BEGINNING.
CONTAINING 888 SQUARE FEET MORE OR LESS
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL SCHLUMPBERGER, PLS 7790
Z1 't
DATE
EXHIBIT "B"
N 68-22'37" E 459.55'
m
5 UTILITY EASEMENT TO
SDG&E RECORDED MAY
22. 1985 AS DOC NO.
85-180315 2386 FARADAY AVENUE
15 EASEMENT TO COSTA REAL
MUNICIPAL WATER DISTRICT
RECORDED MARCH 10, 1986
AS DOC. NO. 86-092689
PARCEL 1
PM 16317 4 EASEMENT TO
JNE
102775
20 EASEMENT TO SDGE
REC. MARCH 27. 1986
AS DOC NO. 86-117549
58 ACCESS AND UTILITY
EASEMENT REC. DECEMBER
\///A DENOTES AREA OF EASEMENT AQUSITION
888 SQ.FT. MORE OR LESS
NOTE: ALL DIMENSIONS SHOWN HEREON
ARE COMPILED FROM RECORD DATA.
AF=5*21'45"
R=642.00'
L=60.09'
Right-Of-Way Engineering Services, Inc.
Land Surveying
4167 Avenida de la Plata Ste. 114 • Oceanside, CA 92056
(760) 732-1368 FAX (760) 732-1367
Drawing file name: 212-062-17dwg
ASSESSORS' PARCEL NO.: 212-062-17
CITY OF CARLSBAD
VESTING: KW FUND I - CARLSBAD 1. LP.
DATE: NOVEMBER 29. 20051 SHEET 1 OF 1
7
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT
DEED OF EASEMENT dated March 6. 2006. from KW Fund I - Carlsbad 1 L.P..
and Sunrise Property Associates LLC. to the City of Carlsbad, California, a
municipal corporation, is hereby accepted by the City Council of the City of
Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September
16,1997, and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: March 24. 2006
WOOD, City Clerk
**»,*>>*