HomeMy WebLinkAboutPD 99-21; The Island @ Carlsbad; 2000-0283922; Easement+ l I h
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RECORDING REQUESTED BY 5987 Mar 319
2000-0283922
2000 11:05 AM
AND WHEN RECORDED,
PLEASE MAIL TO:
EFICIAL iimRD!3 SIN DIEEO WNTY RECWDER’S OFFICE
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code 161031.)
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.
Assessor’s Parcel No.: 212-120-04-00
Project No. & Name: PD 99-21
The Island @ Carlsbad
PR 99-90
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
CARLSBAD MUNICIPAL WATER DISTRICT
WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED OF WATER LINE EASEMENT
The “Island @ Carlsbad” LLC, a California Limited Liability Company does hereby grant to CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of
the City of Carlsbad, 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, storing, transporting, pumping and treating all water,
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, pumping facilities, structures designed to control the flow of water 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, doors,
Eng\Word\Dccs\Masters\Forms\Grant Deed of Water Line Easement 08117198 Rev.
1
m 5833 - ‘,I .-Ta
- locking devices, alarms, lights, and all 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, fences built nor trees planted, nor may the easement be used
by the Grantor 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.
LOCATION OF THE 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
2000
12’ k day of k&l c
.
GRANTOR: m SCM@ -“*, cLc
dy LlW dbnlfit b&JP, ml-w%@
(nar$e 9 grantor)
By:
’ (s$n here) figw J. wc+-m, ~/mmw-
(title of signatory)
Bv:
(sign here)
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 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.)
(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:
RONALD . BALL, GENERAL COUNSEL
BY: _ r\ l I
- DAMIE B. BROWER, Deputy General Counsel
Eng\Word\Docs!Masters\Forms\Grant Dead of Water Line Easement OaH 7198 Rev.
5989
EXHIBIT “A”
PAGE 1 OF 2
LEGAL DESCRIPTION
THAT PORTION OF LOT 73 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19, 1987 AS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF ABOVE SAID LOT 73 THENCE
NORTH 39'32'47" WEST, 190.50 FEET TO THE BEGINNING OF A NON-TANGENT
60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT
BEARS SOUTH 39O32'47" EAST; THENCE CONTINUING ON SAID CURVE
NORTHEASTERLY A DISTANCE OF 44.66 FEET THROUGH A CENTRAL ANGLE OF
42'39'03"; THENCE LEAVING SAID CURVE NORTH 07°4'3'10" EAST 50.00 FEET TO
THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 82"11'50" WEST; THENCE
CONTINUING ON SAID CURVE NORTHERLY A DISTANCE OF 25.13 FEET THROUGH A
CENTRAL ANGLE OF 18"59'58" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
63'28'00" EAST, 7.70 FEET; THENCE NORTH 85'13'25" EAST, 38.49 FEET;
THENCE SOUTH 63'28'00" EAST, 30.55 FEET; THENCE NORTH 85'13'26" EAST,
134.15 FEET; THENCE NORTH 20'58'29" EAST, 172.91 FEET; THENCE NORTH
45'00'40" EAST, 159.75 FEET; THENCE NORTH 18'29'43" WEST, 37.85 FEET;
THENCE SOUTH 48O23'19" EAST, 99.33 FEET; THENCE NORTH 61O18'06" WEST,
21.24 FEET; THENCE SOUTH 48='23'18" WEST, 105.38 FEET; THENCE SOUTH
18'29'42" EAST, 29.17 FEET; THENCE SOUTH 71'30'16" WEST, 9.75 FEET;
5930
EXHIBIT "A"
PAGE 2 OF 2
THENCE SOUTH 18'29'43" EAST, 14.36 FEET; THENCE SOUTH 45'00'40" WEST,
140.74 FEET; THENCE SOUTH 20'58'29" WEST, 101.15 FEET; THENCE NORTH
69'01'32" WEST, 10.00 FEET; THENCE SOUTH 2OO58'30" WEST, 20.00 FEET;
THENCE SOUTH 69'01'30" WEST, 10.00 FEET; THENCE SOUTH 20'58'29" WEST,
45.53 FEET; THENCE SOUTH 63"28'00" WEST, 30.55 FEET; THENCE SOUTH
85'13'25" WEST, 38.49 FEET; THENCE NORTH 63'28'00" WEST, 2.20 FEET;
THENCE SOUTH 26'32'00" EAST, 15.71 FEET THE BEGINNING OF A TANGENT 90.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH
63'28'00" WEST; THENCE CONTINUING ON SAID CURVE SOUTHERLY A DISTANCE OF
4.29 FEET THROUGH A CENTRAL ANGLE OF 02'43'52" TO THE TRUE POINT OF
BEGINNING.
AREA: 13,643.24 SO. FT./ 0.3132 ACRES
h
RECEIVED
APR 0 7 2000
ENGINEERING
DEPARTMENT
_ ~ ‘3 EXHIBIT llgll _ SHEET 1 OF 1 SHEET
PIAT FOR PUBLIC WATER EASEMENT DEDICATION 5992
LEGAL DESCRIPTION:
THAT PORTION OF LOT 73 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19, 1987.
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION OF THE RIGHT-OF-WAY LINE OF OF COLLEGE BOULEVARD ACCORDING TO CARLSBAD TRACT NO. 85-24 MAP NO. 11811. (I.E. N. 50’27’13” E.)
3-2 L
PROPERTY LINE
PUBLIC WATER EASEMENT GRANTED HEREON.
Pp’ LOT 73 ----
CARLSBAD TRACT NO. 85-24 . MAP NO. 11811
(ppqgiNT&F BEGINNING 9 N. 61’18’06” W. 21.24’
/PROPERTY LINE 8 10 S. 18’29’42” E, 29.17’
S. 20’58’30” W.
TABULATED DATA: S. 69’01’30” W.
S. 20’58’29” W.
S. 63’28’00” W.
S. 8513’25” W.
N. 63’28’00” W.
S. 26’32’00” E.
101.15’
10.00’
20.00’
10.00’
45.53’
30.55’
38.49’
2.20’
15.71’ SCALE: 1’ = 100’
I I I I
0 50’ 100’ 200’
4-6-2000
MERIDIAN ENGINEERING GROUP 9815 CARROLL CANYON RD.. STE. 202 SAN DIEGO, CA 92131 TELE: (858) 695-9222 FAX (858) 695-1912 MEG JN 9904 AUTOCAD FILE 9904WATESMT.DWG
* - ‘I. .* 5993-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
0 personally known to me
x proved 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 in his/her/their authorized
capacity( ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
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 D
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: q
0 Individual
# Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
q Attorney in Fact
0 Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-8827
FAX NO, tjl!4iYllfls 4
a
b I. DEC;Ol.-1999 WED 06:15 PM ST WART TITLE OF CA
i.
STEWART TITLE OF CALXFORNIA, INC., SAN DIEGO DIVISION
7676 HAZARD CENTER DRIVE: 7TH FLOOR
SAN DZEGO, CA. 92108
(619) 692-1600
SECOND SUPERSEDING
PRELIMINARY REPORT
DECEMBER 01, 1999
LICHTER VENTURE GROUP YOUR NO. ISLAND
610 WEST ASH #1400 OUR NO, 01-183093 SAN DIEGO, CA' 92101 LOAN REF: LICHTER LOT 73 MAP NO, 11611
ATTENTION: BOB LICHTER
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE OF CALIFORNIA, INC., SAN DIEGO DIVISION HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS ?iND EXCLUSIONS SET. FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH
NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF NOVEMBER 22, 1999 AT 7:30 A.M.
DEC-01-1999 WED 06:15 PM SEWART TITLE OF CA FAX NO, 61931171715 I . . 'I 4 4
P, 03
95
STEWART TITLE OF CALIFORNIA, INC. SAN DIEGO DIVISION
For matters regarding this report please contact the followina at Phone No. (619) 692l1600 or Facsimile No. (619) 297-1715. -_
Frank Green, Title Officer. . . . . . . . ext. 248
Danette Starling, Title Offiier . . . . . . ext, 249 Julie Davis, Assistant . , . . , . . . . . ext. 250
Sales Dept. - . . . . . , . . . . . . . . . ext. 0 Connie Hart, Payoff Dept. . , . . . . . . . ext. 232
WIRING INSTRUCTIONS FOR SUB-ESCROW
1.
2.
3,
4.
5.
Union Bank of California
530 IcB" Street
San Diego, CA 92101
ABA #122-000-496
Credit: Stewart Title of California, Inc. San Diego Division
Account #9120054632
Reference Title Officer and Order Number
NOTE: If this Company is to payoff a Deed of Trust securing a Line of Credit, Additional Advance, Construction Loan or any other type of loan with future advance capabilities, we require that these accounts be frozen at least
48 hours prior to closing. Failure to freeze such accounts may delay closing and payoff disbursements. If we are to payoff a Deed of Trust which contains any type of Foreclosure costs, please advise your Title Dept. as these must be verified prior to cloeing. If you have any questions regarding payoffs please contact the Title Unit or Jennifer Wenck in the Payoff Dept.
"For Information regarding the Stability and Financial Statistics for Stewart Title of California, Inc. San Diego Division, please contact:
Kathy Biewenga, Division Manager, ext 223
DEC-41-1999 WED 06:15 PM Sltbl&~ I ITLE Ot CA tAX Nu, biYzYQs
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01-103093
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1.
2.
3.
4.
5.
6.
7.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( 1
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( 1
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE
POLICY ( )
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (Xl
LITIGATION GUARANTEE ( 1
"GOLD" COMPREHENSIVE PROTECTION RESIDENTIAL TITLE INSURANCE POLICY ( 1
"GOLD" COMPREHENSIVE PROTECTION LOAN POLICY ( 1
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE "ISLAND @ CARLSBAD" LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
, - DEC-O,l-1999 WED 06:16 PM S'ltWf~t$ ll'l'lt Ut CA tfih NU, blYLYlli13
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01-183093
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED ZN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOT 73 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987.
,
' *-' DE..-'oHil89 WED 06:16 PM FfiX NO, 619297jJs
5998 J
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01-183093
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL YEAR 1999-2000 INCLUDING FIRST INSTALLMENT: SECOND INSTALLMENT:
LAND; CODE AREA: . PARCEL NO.
COUNTY AND/OR CITY TAXES FOR THE FISCAL PERSONAL PROPERTY TAX, IF ANY. ~ $23,492.68 OPEN i $23,492.68 OPEN $3,025,000.00
09094 212-120-04-00
1A. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT To THE PROVISIONS 0~ CHAPTER 3.5 (COMMENCING WITH SECTION 75)
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC UTILITY PURPOSES/STORM DRAIN RECORDED: JANUARY 22, 1985 AS FILE NO. 85-021198 OF OFFICIAL RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS,
3. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: MAY 6, 1985 BY AND BETWEEN: CARLSBAD RESEARCH CENTER AND THE CITY OF CARLSBAD REGARDING: PUBLIC FACILITIES FEE
RECORDED: JULY 10, 1985 AS FILE NO. 85-246091 OF OFFICIAL RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS BY AND BETWEEN: CARLSBAD RESEARCH CENTER AND THE CITY OF CARLSBAD REGARDING: HOLD HARMLESS AGREEMENT FOR DRAINAGE
RECORDED: NOVEMBER 3, 1986 AS FILE NO. 86-501526
OF OFFICIAL RECORDS
5. THE FACT THAT THE OWNERSHIP OF SAID WD DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM COLLEGE BOULEVARD ADJACENT THERETO, SAID RIGHTS NO. 11811.
6. AN EASEMENT AFFECTING THE
PURPOSES STATED HEREIN AND
DEDICATED BY
HAVING BEEN RELINQUISHED ON MAP
PORTION OF SAID LAND AND FOR THE INCIDENTAL PURPOSES, SHOWN OR
-. .j. .~
:' DEC-dHi99 WED 06:16 PM STEW- TlTLE OF CA FAX NO, 6192971U5
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SCHEDULE B
01-183093
MAP NO.: FOR:
AFFECTS: I
11811 DRAINAGE LOT 73 AS SHOWN ON SAID MAP
7. MATTERS IN AN INSTRUMENT WHICH, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR ASSESSMENTS, LIENS AND THE SUBORDINATION THEREOF, PROVISIONS RELATING TO THE PARTITION, RESTRICTIONS OR SEVERABILITY OF COMPONENT INTERESTS, COVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDES FOR USE OF COMMON AREAS, CERTAIN EASEMENTS, AND A PROVISION THAT ANY VIOLATION THEREOF SHALL NOT
DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF
TRUST MADE IN GOOD FAITH AND FOR VALUB, BUT WHICH, HOWEVER, Do NOT CONTAIN RESTRICTIONS BASED UPON RACE, COLOR OR CREED RECORDED:
I
JUNE 29, 1988 AS FILE NO. 88-313420 OF OFFICIAL RECORDS.
BY A DECLARATION OF ANNEXATION RECORDED AUGUST 8, 1988 AS FILE NO. 88-387706 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED
PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND
RESTRICTIONS.
8. THE FACT THAT SAID LAND LIES WITHIN 'THE COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. go-0674118 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN, WHICH RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959
REFERENCE IS WE TO SAID DOCUMENT FOR FULL PARTICULARS.
9. THE FOLLOWING OFF-RECORD MATTERS, HAVING BEEN DISCLOSED TO THIS COMPANY BY A RECENT ALTA SURVEY PREPARED BY SYDNEY S. XINOS OF XEI ENGINEERING, DATED APRIL 16, 1988, AS JOB NO. 9807:
(A) THE RIGHTS OF INTEREST OF THOSE CERTAIN FOUR UTILITY POLES, LYING NEAR THE NORTHWEST BOUNDARY AND MOST SOUTHWESTERLY
PORTION OF SAID LAND, AS SHOWN ON SAID SURVEY.
(B) THE RIGHT OR INTEREST OF THAT CERTAIN "REAL ESTATE SIGN",
LYING ALONG THE SOUTHEAST BOUNDARY OF SAID LAND, AS SHOWN ON
SAID SURVEY.
10. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS DATED: AUGUST 27, 1999 BY AND BETWEEN: THE CITY OF CARLSBAD AND "ISLAND@CARLSBAD" REGARDING: PAYMENT OF A LOCAL FACILITIES MANAGEMENT ZONE TRRNSPORTATION FEE RECORDED: SEPTEMBER 16, 1999 AS FILE NO. 1999-0636522 OF OFFICIAL RECORDS
11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF DATED:
I
SEPTEMBER 10, 1999
AMOUNT: $8,980,000.06
.-“-.L- __.__ -
‘I DWOl-'i999 WED 06:16 PM SW-T TITLE OF CA FAX NO. 619297lJl5 I 3. 4
6000 SCHEDULE B
r. UC)
01-183093
TRUSTOR:
TRUSTEE:
BENEFICIARY:
RECORDED:
THE "ISLANDOCARLSBAD" LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY TRUSTORS SECURITY SERVICE SOUTHERN CALIFORNIA BANK SEPTEMBER 20, 1999 AS FILE NO. 1999-0642159 OF OFFICIAL RECORDS.
12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED: SEPTEMBER 10, 1999 BY AND BETWEEN: THE"ISJiAND@CARLSBAD" LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND SOUTHERN CALIFORNIA BANK
REGARDING: HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNTTY RECORDED: SEPTEMBER 20, 1999 AS FILE NO. 1999-0642160 OF OFFICIAL RECORDS
13. AN ASSIGNMENT OF ALL THE MONEYS DUE, OR TO BECOME DUE AS RENTAL, AS ADDITIONAL SECURITY FOR THE OBLIGATIONS SECURED BY
DEED OF TRUST RECORDED: SEPTEMBER 20, 1999 AS FILE NO. 1999-0642159 OF OFFICIAL RECORDS. ASSIGNED TO: SOUTHERN CALIFORNIA BANK
RECORDED: SEPTEMBER 20, 1999 AS FILE NO. 1999-0642161 OF OFFICIAL RECORDS.
14, A FINANCING STATEMENT FILED IN THE OFFICE OF THE! COUNTY RECORDER, SHOWING DEBTOR: THE"ISLAND@CARLSBAD" LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
SECURED PARTY: SOUTHERN CALIFORNIA BANK RECORDED: SEPTEMBER 20, 1999 AS FILE NO. 1999-0642162
OF OFFICIAL RECORDS PROPERTY COVERED: HEREINDESCRIBED LAND
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01-183093
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REQUIREMENTS
A. IT IS OUR COMPANY POLICY THAT ALL TITLE FEES DUE ARE DEDUCTED FROM AVAILABLE PROCEEDS. IN ADDITION, ALL TITLE CHARGES ARE DUE AND PAYABLE AT THE TIME OF RECORDING.
B. ALL FUNDS NECESSARY TO FULFILL PAYOFF REQUIREMENTS,
INCLUDING OF TAXES, MUST BE RECEJ.VED AND AVAILABLE FOR
DlSBURSEMENT AT THE TIME OF CLOSING.
C. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE THE FOLLOWING WITH RESPECT TO
LIGHTER-SATTERLEE RETAIL 73, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY:
1. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR REVIEW.
2. A CERTIFIED COPY OF ITS ARTICLES OF ORGANIZATION (LLC-l), ANY
CERTIFICATE OF CORRECTION (LLC-111, CERTIFICATE OF AMENDMENT
(LLC-21, OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10)
MUST BE SUBMITTED TO THE COMPANY FOR REVIEW.
3. WITH RESPECT TO AN-X DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH
LIMITED LIABILITY COMPANY AND PRESENTED TO THE COMPANY FOR
RECORDING OR UPON WHICH THE COMPANY IS ASKED TO RELY, SUCH
DOCUMENT OR INSTRUMENT MUST BE EXECUTED IN ACCORDANCE WITH THE FOLLOWING:
A) IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH
OFFICERS APPOINTED OR ELECTED PURSUANT TO THE TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APFOINTED OFFICERS AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER OR ANY ASSISTANT TREASURER.
B) IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY
ONE MANAGER.
4. OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS
REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE.
6002
h
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated Anril12, 2000, from The “Island @ Carlsbad” 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: May 25, 2000