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Home My WebLink AboutCMWD 98-501; Barber, Ross G. and Linda A. Trustees; 2000-0673973; Easement. RECORDING REQUESTED BY rloc Ii 2000-0673973 AND WHEN RECORDED, PLEASE MAIL TO: Dsc 12s 2000 9:21 AM City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 ?Q MAIL TAX STATEMENTS TO: I PC EXEMPT v OjF’ Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). OFFICIAL REmRDS SAN DIES0 CouNlY RECORDER’S OFFICE GREGORY ;iEifITH, COUNTY RECORDEK’ . El 0.00 w Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Assessor’s Parcel No.: 299-069-56 & 57 Documentary transfer tax is $ 0.00 Project No. & Name: CMWD 98-501 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and BARBER PROPERTY, 8” SEWER PIPELINE, REACH SUNNYCREEK SUBDIVISION TO COUGAR DRIVE encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CITY OF CARLSBAD GRANT DEED OF WASTEWATER PIPELINE EASEMENT Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986 as to an undivided % interest and Mabel L. Barber, Trustee under Trust dated October 19, 1989 or the Successor Trustee thereof, as to an undivided % interest does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, transporting, and treating all wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, structures designed to control the flow of wastewater and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, locking devices, and other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, nor trees planted, nor may the easement be used by the Grantor Eng\Word\Masters\Forms\Grant Deed of Wastewater Pipeline Easement 08/l 7198 Rev 1 *I ‘. .- ? or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. Moderate leveling up to five (5) feet above existing grade, concrete curbs, gutters, sidewalks, parking lots and pavement are acceptable over the said easement with the express written approval of Grantee, which shall not be unreasonably withheld. Fences may cross the easement provided gates are installed to allow vehicle access for sewer maintenance. The construction easement portion of said easement, as further described in Exhibits’ “A” & “B”, is temporary and shall terminate upon acceptance of the construction work by the Grantee. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. Executed by the Grantor this 26 day of&A 0 0 . B GRANTOR: Ross G. Barber, Trustee and Llnda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986 as to an undivided % Interest and Mabel L. Barber, Trustee under Trust dated October 19, 1989 or the Successor Trustee thereof, as to an undivided ‘/z interest By: By: By: (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) 2rGsfAA P-- (sign here) (tit% of signatory) --l-b&ee (title of signatory) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONAL- R. BALL DAMlflN B. BROWER, Deputy City Attorney Eng\Word!Masters\Fons\Grant Deed of Wastewater Pipeline Easement 08/l 7l98 Rev h State of California . County of _C p L&h 1. ;;rs-,; ;e RCWD lcmLwB N0TARy PUBW , I Name and Title of Offtcer (e.g., “Jane Doe. Notary Public”) 64-k &5 G &‘srW( ’ Name(s) of Signer(s) h& l3m-J 6 0 ersonally known to me d roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &are subscribed to the within instrument and acknowledged to me that Ms&they executed the same in &h&their authorized capacity(ies), and that by t$4%&heir signature(s) on the instrument the person(s), or 4 ‘3 on behalf of which the person(s) . Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Q 1999 National Notary Association * 9350 De Solo Ave.. P.O. Box 240’2 - Chatsworth. CA 91313-2402 - wwwnatlonalnotaryorg Prod. No. 5907 1529 Sewer Easement revised 8-03-W 1 of 1 EXHIBIT “A” (Barber Trust Property) An easement for the construction, operation and maintenance of a public sewer main and appurtenances under, along and across a portion of Lot B of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said County on November 18,1896 described as follows: A strip of land 25.00 feet in width lying 7.00 feet Northerly and Northeasterly and 18.00 feet Southerly and Southwesterly, measured at right angles, and parallel with the following described line. Commencing at an angle point in the boundary of the “Remainder Parcel” as shown on Carlsbad Tract No. 83-36 according to Map thereof No. 11242 recorded May 23, 1985, in the Office of said County Recorder, said angle point being the Southwesterly terminus of that certain course shown as North 20’47’25” East, 2025.13 feet on said Map No. 11242; thence along the Southwesterly prolongation of that certain course South 20’47’25” West, 23.19 feet to the True Point of Beginning; thence North 41’27’44” West, 109.46 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 28’51’28” a distance of 201.47 feet; thence tangent to said curve North 70’19’12” West, 18.28 feet to the boundary of said “Remainder Parcel”. The sidelines of said strip of land are to be lengthened or shortened to begin in a line that bears North 20’47’25” East through the True Point of Beginning and terminate in the boundary of said “Remainder Parcel”, said boundary bears North 20’49’45” East. Said easement contains 8,236 more or less square feet. A strip of land lying 10.00 feet each side of, measured at right angles, and parallel sidelines of the above described Parcel 1. This legal description and plat attached hereto and made a part of this document were by me or under my direction. -SLU - (LI..gI& c= 5.45333 Francis W. Fitzpati%k L. S. 4539 License expires-Sept. 30,2002 with the prepared - FYU1Ar-r % i4 II,.,‘,“‘. Y C.T. 83-36 PLAT OF UNIT NO. 1 SEWER EASEMENT MAP NO. 11242 (BARBER TRUST PROPERTY) REMAINDER n =;i&$- 25.00’ SEWER’ / ’ -. --. .-. .- L--Lu I. Cn3LMLIY I , o.oo,J \ CONSTRUCTION EASEMENT \ \ CD9 00 n \ \ ’ 4 LOT B 03 RANCH0 AGUA HEDIONDA \ w9 PER R. OF S. 517 \ R. OF S. 4223 LOT B AGUA HEDIONDA R. OF S. 517 \ \ SCALE: 1 “= 100 0 ’ 100 200 300 I I I I I I I I GRAPHIC SCALE 1469\1469Cougarl73100 II 1 MANITOU ENGINEERING COMPANY -i?LwbJ PLANNING * CONSULTING ENGINEERING * SURVEYING FRANK W. FIT 3M WEST NINTH AVENUE. ESCONOIDO. CALIFORNIA 92025 TELEPHONE (760) 741-9921 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated August 26,2000, from Ross G. Barber & Linda A. Barber, 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 2000-325, adopted on October 17, 2000, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 4, 2000 INE M. WOOD, City Clerk ~Rll~lll~l#ll~ll~ll~ll~lllll~ll ,, 2001-0075120 8 5 79 Doc # 2o01-oo75120 FEE! 08s 2001 4:27 PM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Cartsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) fFFICI# RECME !H DIED t.iUUNY RECUER’S OFFICE GfE6mY kEPTHI Y-!oErn : * SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 209-060-56 & 57 PROJECT NO. s, MAME: CMWD 964501 BARBER PROPERTY, 8” SEWER PfPELfNE REACH SUNNYCREEK SUBDIVISION TO COUGAR DRIVE SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO THE 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 is made this / .c+l day of I)ECE~~?F& , 2000 by Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986, undivided one-half interest owner of the land hereinafter described and hereinafter referred to as “Owner,” and Ross J. Barber, Sr., Trustee and Settlor under the Ross J. Barber Sr. Amended lntervivos Revocable Trust under trust agreement dated February 24, 1992 and amended in its entirety on February 2, 1996 as to an undivided half interest; and Ross J. Barber, Sr., Grantor’s Spouse under the Gloria Archer Barber, Amended lntervivos Revocable Trust Agreement dated February 24, 1992, as to an undivided half interest, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary.” Ill MasttenJFom~~ISubordintion Agl Trust Deed Holders CiW Rev. M1/00 8580 WITNESSETH WHEREAS, Owner, did execute a deed of trust, dated June 10, 1992 to Chicago Title Company, a California corporation as trustee, to secure a note in the sum of three hundred ninety thousand dollars ($390,000) dated June 10, 1992 in favor of Beneficiary and recorded in the office of the County Recorder of San Diego County on June 29, 1992 as File No. 1992-0404512 of Official Records of said county; and WHEREAS, Owner has executed, or is about to ,execute, as grantor, a grant of EASEMENT dated m I in favor of the City of Carlsbad as grantee herein referred to as “Easement Grantee” creating THE EASEMENT more particularly described in EXHIBITS “A & B” attached hereto; and 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: I. 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. I 2 Maste&Fonns/SubordinaUon Agt Trust Deed Hdders city Rev. 5LWOO 8581 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 between the deed of trust and EASEMENT 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 or charge thereof to another interest in the real property therein described. Beneficiary declares, agrees and acknowledges that: 1. I consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. I intentionally and unconditionally subordinate 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 subordination 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 subordination. i/f i/l Ill II/ Ill MasterslFormslSubordination Agt Trust Deed Holders City Rev. X31/W 8582 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 of the Easement in favor of Easement Grantee above referred to. BENEFICIARY: OWNER: Ross J. Barber, Sr., Trustee and Settler under the Ross J. Barber Sr. Amended Intervivos Revocable Trust under trust agreement dated February 24, 1992 and amended in its entirety on February 2, 1996 as to an undivided half interest; and Ross J. Barber, Sr., Grantors Spouse under the Gloria Archer Barber, Amended lntervivos Revocable Trust Agreement dated February 24, 1992, as to an undivided half interest, present owner and holder of the deed of Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986 (print name here) (title and organization of signatory) . (print name here) (title and organization of signatory) By: (title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. It is recommended that, prior to the execution of this subordination agreement, the parties consult with their attorneys with respect thereto. APPROVED AS TO FORM: RONALD R. BALL :TiJa~3 - Maslers/Forms/Subordlnatlon Agt Trust Deed Holders Ctty Rev. 5i31100 8583 State of California County of San Diego On bL* IsI zoo0 before me, I?fLu& A. CTtiz-w , M2d-af-r FL , (Date) personally appeared R*ss 1 &~&~ p&r QI;::; Of Officer) (Name[s] of Signer[s]) (or proved to me on the basis of satisfactory evidence) to be theeose @is/@ subscribed to the within instrument and acknowledged to me that helshewexecuted the same in hisfher@uthorize on the instrument the the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document 5 Ct90nDI~a7~Dn Date Yd- Document Of p--(5-00 No. of Pages ~~ 4 r Signer(s) other than named above vwu 1 MaderslFormslSubordination Agt Trust Deed Holders City Rev. 5/31100 8584 1529 Sewer Easement revised 8-03-00 1 of 1 EXHIBIT “A” (Barber Trust Property) An easement for the construction, operation and maintenance of a public sewer main and appurtenances under, along and across a portion of Lot B of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said County on November 18, 1896 described as follows: A strip of land 25.00 feet in width lying 7.00 feet Northerly and Northeasterly and 18.00 feet Southerly and Southwesterly, measured at right angles, and parallel with the following described line. Commencing at an angle point in the boundary of the “Remainder Parcel” as shown on Carlsbad Tract No. 83-36 according to Map thereof No. 11242 recorded May 23, 1985, in the Office of said County Recorder, said angle point being the Southwesterly terminus of that certain course shown as North 20°47’25” East, 2025.13 feet on said Map No. 11242; thence along the Southwesterly prolongation of that certain course South 20’47’25” West, 23.19 feet to the True Point of Beginning; thence North 41’27’44” West, 109.46 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly: thence Northwesterly along the arc of said curve through a central angle of 28’51’28” a distance of 201.47 feet; thence tangent to said curve North 70°19’12” West, 18.28 feet to the boundary of said “Remainder Parcel”. The sidelines of said strip of land are to be lengthened or shortened to begin in a line that bears North 20’47’25” East through the True Point of Beginning and terminate in the boundary of said “Remainder Parcel”, said boundary bears North 20’49’45” East. Said easement contains 8,236 more or less square feet. A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the sidelines of the above described Parcel 1. This legal description and plat attached hereto and made a part of this document were prepared by me or under my direction. w. 1 c.sl533 Francis W. Fitzpatnck L. S. 4539 License expires Sept. 30, 2002 . 8585. EXHIBIT "B" l C.T. 83- 36 UNIT NO. 1 MAP NO. 11242 PLAT OF SEWER EASEMENT (BARBER TRUST PROPERTY) REMAINDER _ f\ .OJI LO 400.00' 25.00'SEWERJ -7 “r ii201.47 EASEMENT ,O oo, \ COkTRUCTlON EASEMENT \ \ I \ 0) - ’ 4 LOT B *xJ v9 RANCH0 AGUA HEDIONDA \ 0 PER R. OF S. 517 \ 4 R. OF S. 4223 \ \ \ \ \ LOT B AGUA tiEDIONDA R. OF S. 517 SCALE: 1 I’= 100 0 100 200 300 400 GRAPHIC SCALE 1469\1469Cougarl73100 w 1 n MANITOU ENGINEERING COMPANY -552%+a- fa&LJL.s:453cJ I PLANNING * CONSULTING ENGINEERING * SURVEYING FRANK W. FITZPffRICK L.S. 4539 550 WEST NINTH AVENUE. ESCON0100. CALIFORNIA 92025 TELEPHONE (760) 741-9921 e-.04-00