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Home My WebLink AboutPD 293; BLOUGH, WILLIS & GRACIELA; 88-338244; Easement1 .., ,I CL Ord - .*-io. 'E;;Crow Nil -Loan No. . .:4*::?~-.f- .............. ,;-*.<, : . l.. , . ', * ' e r b531 @ 88 $38 r_ ,. ... ... .. , ,,. , .. , . ... -. . " .. -, .,. . 1. :. WHEN RECORDED MAIL TO: &?& %f'karlsbad 1200 Elm Avenue Carlsbad, CA 92008 ., .-..... I " " .: . ". . :I .; ..... .., i 2 g€ -2- r e ; 1 ., ~ 5. , - 1. r.2, .. - .... c k'-<..: I. . - .. ... *- SPACE ABOVE THIS LINE FOR RECORDER'S MAIL TAX STATEMENTS TO: DOCUMENTARY TRAMSFER TAX $. ......... f... ...... Computed on the consideration or value of prope ...... Computed on the consideration or value less lien! remaining at time o [X& Signazure of Declarant or Agent determining tax APN 167-8 PD 293 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Willis L. Blough and Graciela G. Blough, husband and wife, as join. hereby GRANTW to the City of Carlsbad, a municipal corporation, an ea; for roadway and general utilities purposes over, under and across the real property in the City of Carlsbad County of San Diego , State of Californ See Exhibit "A" for legal description, all as shown on Exhibit IIB" hereto. Dated t-22 &d 06.- v /r /B&F / ) STATE OF CALIFORNIA COUNTY OF San Diego 1" On January 15, 1988 before me, the undersigned, a Notary Public in and for said State, Per- sonallyappeared Willis L. BLOUGH and Graciela G. Blough b$r&dajyfkJ&J 6M [oiproved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS myb,and and official seal. L4' - i; .Wt I' (This area for official notarial Signature W~WL c M i UL CGCLCk MAIL TAX STATEMENTS AS DIRECTED ABOVE * 0 t .=. - First American Title Insurance Company ? 14 EAST FIFTH STREET, (P. 0. BOX 267) SANTA ANA, CALIFORNIA 92702 . (714) 558-321 1 A subsidiary of The First American Financial Corporation 6 1 ..- - .- ' *- FaRM 468 p4s'C0 ,> 4 ,PRESS >. RICK ENGINEERING COMPANY I 'u' "e R,..G CONSULTANTS AND CIVIL ENGINEERS ' - .- '4 3088 PI0 PIC0 DR. e SUITE 202 e CARLSBAD, CA 92008 TELEPHONE e AREA CODE 619 729-4907 JOB NO. LEGAL DESCRIPTION FOR: BY DATE Road Easement Lot 164 6069-L 10-23- CHK'DPG JC An easement being a portion of Lot 164, of Map No. 10128, in City of Carlsbad, County of San Diego, State of California, map on file in the Office of the County Recorder, of San D County, described as follows: . I. COMMENCING at the intersection of Elm Avenue with Olympia D as skown on said Map No. 10128; thence South 5O02'30" East a the centerline of said Olympia Drive 102.85 feet; thence lea said centerline North 84O57'30" East 28.00 feet to the TRUE P OF BEGINNING being a point on the Westerly sideline of said the beginning of a tangent 25 .OO foot radius curve conc Easterly; thence Northerly along the arc of said curve throul central angle of 14°11'3411, a distance of 6.19 feet to a poin the arc of a not tangent 34.00 foot radius curve con( Westerly, a radial line to said 34.00 foot radius curve b North 52O44'05" East; thence Southerly along the arc of curve through a central angle of 50°13'35", a distance of 2 feet; thence South 12O57'40" West 14.03 feet to the TRUE POIN BEGINNING. -CY 1G;La; +-hence .==szn ' '3 szis sideline taGEk>2 se$2g"flv* 3u -----L v+caL 35.85 r'ee .. . . . .. . .. . /;' ,"" , . .. ----~-.~,. . _. ""_ ,/, , I ' ' r , i ,\, , ' . -, k. .'. .. , .. .. , .. /. " . . . .. I / I .,. . .. J . ', - .. .. .. i.' < . : , ~, 1 I._. ,> I , ..,. '- I ~ .- I __ 5' .. . j: -: ,. . , - .. . . ,,-, '? 1: !. ,, , ._ ._ . 21.. ,! i ,/ i i \,I; X~, y., *.,7- 'x:-. /;; , ,7: /$' .? is !j, c ,, ', , +, .. i; ">-.. __ /'/; <$;& k.5 p- ,. i,:: " \~, A, ,. . """ / ,T*by '" G >! ,LY;$7 d&+yf' ,x/ __. - *- ..$e -,< p P qT 26 /. " L,P\ ,1 1 & j !; pa y-3 v, .,I .. I COMPANY REVlSlOL DESCRIPTION TITLE CO. REFERENCE ORDER NO* DATE BY I 4 '. *, '. < I - Lor Id3 I i 1 ~ .'" b533 e /- ~1WOF CMM&ICEHENT ""P I .- /84V7'27"L' - -/@?i .. I 'LE ELM AVaVUE I/ I &I A "" E6/N//YG MAP I'Kx "mf23 A-7 A/:\ \.- ,$ I 4 2 /::d... ,:... j' . ,., .". , . - . ... - ;.., ~ ... ; .. , c .,. ,.>, i 2 ,I :/ c3 /I" f /I -J I! F; "j, ;>; z il " ./ ; I\ 2: I;> .., i:i:. ;i.-;'i...; i;,,-;. . .'. \t,q.i;... ...*.: 5 \$- 2 ic. /\ %,I- "*.. I X.! .. '\ ... ' 3 \ .\:, \ '.-. ,,?/# . .. /" v".$ i:Ji ; ;2 I"$ B, ". Pi . . .d L 5 , RICK ENQlNEERlNl PLAT TO ILLUSTRATE LEGAL DESCR I PTION OF ROAD EASEMENT =r---sA~RII=-~ CIVIL ENQINEIRB-SURVE\ "ccL~"61~ PROJEeT NuNeER #" -7 .. ',a 0 UU\.L534 0 ,- \ L- I CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real proper conveyed by the deed or grant dated January 15, 1988 from Willis L. Blough and Graciela G. Blough to the City of Carlsbad, California, a municipal corporati is hereby accepted by the City Council of the City of Carl California pursuant to resolution No. 88-215 , adopted on July 5, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. - DATED: July 6, 1988 By : ALETHA L. RAUTGNKRANZ, Citd ' **, ' ', !L vu w L535 0; Bf? $X # 'I 3 '1 M bf r', 4 r RECOFUlING RnQuEsTED BY WHEN'mmRDm MAIL To: 1 b City Clerk 1 CITY OF C!ARLSBAD 1 1200 Elm Avenue Carlsbad, CA 92008 1 1"," . .. .~. , . -- . .i , .- f : .. s i . .. . .. * .=. . ,. 1- I - .%. . ..: I .. . . : -.. ,. . I. . +:-. -, "_ 1 ., W'' E c, i;$ i.>lii $i $ g $si i ,?;: :. - ~ - . .- + 2:-:- i § t <7:.-. . . . " . , . .. .. space above this line for R~CO~~S use. . - -. . - .*. > sumRD~oN~ ma: TmS sul3omINATIm A(aTEEMEfJT REsulxs IN YOUR s3mRrm~rn'IHErn" ~mAt?~rnmm~~m wE3ImYcmRsanJmrY"ANDHAs ME;K?ENTUL~OF~~T7AIuEOF YCUR". WS m, made this g(1 THday of m H,/ 19a by Wil Blouqh and Graciela G. Blawh. Husband and Wife, owner of the land herei described and hereinafter referred to as lCwner,ll and shearson "man Mc Cornration , present owner and holder of the deed of trust and not herej described and hereinafter refend to as l%neficiaryvt; wrmEsEm THAT WHEREAS, Willis L. Blouqh and Graciela G. Blouqh did execute of trust, dated October 29 19 86 , to shearson Lehman Mc Cornration as sucsssm tmstee, pr l3oament No. 88-2 04660 I recorded 1988, cover- the real property described on Exhibit Wl attadEd to secure a note in the sum of Sixhr-Eiqht "lad and 00/ ($ 68,000.00 October 29, 1986 , in favor of Shearson Lehman Mortqaqe Cam assigned beneficiary per doanent recorded November 18, 1986 , as File No - fib? of Official Records of said county; and -, mer has executed, or is about to execute, as grantor, l of EASENEW dated January 15, 1988, in favor of the City of Carlsbad as herein referred to as gtEasement Grantee," creating AN/THE EASIBENT/EASEMEN ', -.-. . * ... 0 - u - L 536 * .f. -, 0 ,. particulary described in EXHIBIT ltBtl attached hereto; and WHJ3EAS, Easement Grantee is willing to accept said EASEMENT/EAS provided the grant of EASE"T/lVSm is a charge upon the above des pmpaty prior ami aprior to the lien or charge of the deed of trust mentioned and provided that beneficiary will specifidly ad dtidy dinate the lien or charge of the deed of trust above mentioned to the 1 charge of the EAS~/EASE"I~ created in favor of Easement Grantee; and w, it is to the mutual benefit of the parties hereto that Ea Grantee accept said EASENRTC/EASE"E and Beneficiary is willing that the of EAS=mE"S shall, when recorded, constitxk a charye upm said Ian is unconditionally prior and superior to the lien or charge of the deed of above mentioned. NOW, THEEEFOm, in consideration of the nnrtual benefits accruing parties hereto an3 0th- valuable consideration, the receipt and sufficie which consideration is hereby acknowledged, and in order to inke - 1 to accept said EASEMl3TC/EAS- above referred to, it is hereby declard, stood and agreed as follows: 1. That said EASl3lJWT/EAsEMENTs in favor of Easement Grantee unconditionally be and remain at all times a charge on the property I described, prior and superior to the lien or charge of the deed of trust mentioned. 2. That Easement Grantee would not accept said EASEMEWT- described without this subordination agreement. 3. That this agreement shall be the whole and only agreemnt with to the subordination of the lien or charge of the deed of trust above nw to the EASJ3EHT/EASENEWIS in favor of Easement Grantee above referred shall sqersede and cancel, but only insofar as would affect the priority 1 the deed of trust and EAsl3BW/EASEMENIS hereinbefore specifically describ -2- .. . ". . , c, '. . .. . ..f! e " - vu v 0 prior agreement as to such subordination including, but not limited, those 1 sions, if any, contained in the deed of trust above mentioned, which provil the fltbordiraation of the lien or charye thereof to anothes interest in th pmperty therein described. EENEFZCIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of EASEMEN"r/EAsEMENTs in of the Easemat Grantee. 2. He intentionally and unconditionally waives, relinquishes and dinates the lien or charye of the deed of trust above mentioned t EASlMENT/EASE"E in favor of Easement Grantee above referred to and under that in reliance upon, am3 in consideration of, this waiver, relincpishme suboxdination of the grant of EAsENENT/EAS~ is being executed and del the E~~EME~Tc/EX~~~EN~S IS/= being mted, and that specific monetary ani obligations are being and will be entered into by the Easement Grantee, lenders and title insurance companies which would not be made or entered ir for said reliance upon the waiver, relinquishment and subordination; and 3. An endorsement has been placed upon the note secured by the d trust abwe mentioned that said deed of trust has by this instrument been dinated to the charge of the ~~/E?SI~~EN'E in favor of Easement ( above referred to . EENETICIARY OWNEK SHEARSON LEHMAN 1 I Wrm'JHEIx I t e "j- 1 .. 1 " L ' i- * -0 L538 e " " ." .. STATE OF CALIFORNIA San Bernardino ) 5s. ' 2 COUNTY OF Q - On May 31, 1988 5 U SHIRLEY J. MILLER , before me, the undersigned, a Notary Public in and for 1 o said State, personalty appeared - c .- e known to me to be the Vice President,-aad (0 *: - Seee+wy of the corporation that executed the within instrument, E 4 and known to me to be the persons who executed the within c L .- LL - 0 .- - m 5 Y : 1g Pi E L instrument on behalf of the corporat;on therein named, and aC* knowiedged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. - 1 Signature ' /&bL/bL&; /&&L,&XLL, /I ., *-> NOTARY PUBLIC-CALIFOR t i/ Name (Typed or Printed) (This area for official notarial seal) "" STATE OF CALIFORNIA A COUNTY OF S ss. (Individual) ' On this 20th day of Mav , 19%, before me, the undersigned, a Notary Public 1 in and for said state, personally appeared ** Willis L. Blough and Graciela G. Blough ** personally known to me (or proved to me on the basis of satisfactory evidence) to be the person L whose name __ Ware subscribed to the within instrument and acknowledged that .- executed the same. \ (This area for official notarial seal) SAV 70241662 . -4. 4- ' a UOLL539 ,> a The land referred to herein is descrjbd as follows: Lot 164 of CARLSBAD TRACT NO. 74-4, in the City of Carlsbad, County of San Diego, of California, according to Map thereof No. 10128, filed in the Office of the Coun Recorder of San Diego County, on June 25, 1981. .: EXHIBIT "A" .l I T"'p'.""" *.-. ".. - PPSS RICK ~~IIUEERING COMPANY I MNNINC LTANTS AND CIVIL @ .(IINELRS .. 3088 Pi0 PIC0 DR. . 0 SUITE 202 0 CARLSBAD, CA 92008 TELEPHONE AREA CODE 619 729-4987 f JOB no. LEGAL OLSCRiPTlOX FOR: BY ' BAlL "loDPG 10-23-87 6069-L Road Easement Lot 164 JC An .easement being a portion of Lot 164, of Map No, 10128, in th map on file in the Office of the County Recorder, of San Die9 City of Carlstiad, -County of San Diego, State of California, sai . County, described -as follows: - COMMENCING at the intersection of Elm Avenue with Olympia Driv as shown on said Map No. 10128; thence South 5O02'30" East alon the centerline of said Olympia Drive 102.85 feet; thence leavin said center-line North 84O57'30" East 28.00 feet to the TRUE POIX OF BEGINNING being a point on the Westerly sideline of said LC . 164; thence along said sideline North 5°03g30" Mest 35,85 feet t the beginning of.. a tangent 25.00 foot radius curve concat; Easterly; thence Northerly along the arc of said curve through central angle of 14011134", a distance of 6.19 feet t0.a point c the arc of a not tangent 34.00 foot radius curve concav Westerly, a radial line to said 34.00 foot radius curve bear North 52O44'05" East; thence Southerly along the arc of sai curve through a central angle of 50°13935", a distance uf. 29.4 -feet; thence South 12"57'40" West 14.03 feet to the TRUE EQLNT ( BEGINNING . .. .- - .. I .. / .. '1: ; : " . - //+-j;-:;<3 -". ,*', G/:7==.: -.,%> 6. ,/ :,-. .. i L. /$(y;.<g: $, ;-.::\'i . L r f '7 ,>?/<;:.," /is ;/ ;>- t:?. . 5,:2;.*7 by LJ .? iJL? 1;:; ."-.? ,-jg .-%\__"/ri yp- c $$$ . ". ., 45 :- j , 'i - .. ,//. U EXHIBIT I'B" .. . .. . COUPAllY REVISIONS DLICRIPTIO1( TITLE co. RcCcnEncc , OROLRNO. I DATE BY DATE 1 I I