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Home My WebLink AboutPR 00-58; Moore, D. J.; 2000-0462564; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Cartsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT ,~@@@&@~~ THIS LINE FOR RECORDER’S USE Aus 235 2000 11:26 API OFFIGI19L RECORDS SM DIEGO COUNTY RECORDER’S OFFICE iX%oRY J. SMITH? COLINTY RECORDER FEES: O.#O t/c: itI9 lllululillululullluluuullBllllllllllllul~lI 2QQO-0462564 i !@!J~j i: ,/#&&>;~~I No.: 15fj-.35()-()4-0(-~ ojti $3. : c:ieme: PR 00-58 @j&y& ‘I,;‘ : &ore~as~ent’:D,edication :‘: ’ ,: I _;_iJ’ :> ,. ._ :I,. _,’ >,,> GRANT DEED OF EASEMENT : _! ,>:,_ ~8 ,: i..? ‘,Z,, _z .,,> ,, ,$l;,: ‘a,,: ,, i., j FOR A VALUABGE CON!$f3ERATION, receipt ofwh%h is hereby acknowled&j, :.,_ i li “.‘.L$ i D. J. MO&@, A’%h;(ji$& Woman ,, _i /+ her&y G~N~~,~~“::: : ’ ?;$, $ > 3 : I .i .,.$ I, ,I 3 I ., ;, ,:? ~, City of C~~~baciPai~~~ni~~pal. G?x&tion ,ii$j_lj ..:-:s 1 “_; I ,; ,,$fi!: ,;:‘;‘i i,‘ ,_ iii ‘.i;‘yI’ j,‘j _::_ _~l,‘ :,; “_’ :. : 2’S:” I. :, ,, : ‘1 *_ ,,. the following d&scribaj$real prop&& in the Ctty’tif Carlshad, County I$,@& ~@&/l$tate of -:I s across the reaE property and made a part h&a&., DATED I ._ ‘_,: STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3MMty ,75. w&t7 before me, ~MZ-WG ~+-wLa (here insert name and title of the officer), personally appeared V. ,7 . *Q= personally known to me (or 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. Name: Title: By: Name: (Type or Print) (Type or Print) (Signature) (Type or Print) Word\Masterr\Forms\Grant Deed of Easement - City .-, , ‘. . I C : 3932 - EXHIBIT “A” LEGAL DESCRIPTION A 10.00 WIDE PUBLIC STREET AND UTILITY EASEMENT IN FAVOR OF THE CITY OF CARLSBAD OVER THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE NORTH O”O2’00” WEST ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 905.24 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO MARION A. HENRY, BY DEED DATED JANUARY 19,193 1 AND RECORDED IN BOOK 1865, PAGE 20 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID HENRY’S LAND NORTH 89”58’00” EAST, A DISTANCE OF 667.62 FEET MORE OR LESS TO A POINT IN THE WESTERLY LINE OF PI0 PICO DRIVE (FORMERLY OLIVE DRIVE) AS SHOWN ON SAID MAP NO. 17 19; THENCE ALONG SAID WESTERLY LINE NORTH 0 ’ 02’00” WEST, A DISTANCE OF 255.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH O”O2’00” WEST, A DISTANCE OF 41.85 FEET; THENCE SOUTH 89”55’45” WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 0” 02’00” EAST, A DISTANCE OF 41.85 FEET; THENCE NORTH 89”55’45” EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.010 ACRES MORE OR LESS SHEET 1 OF 1 . . * CURRENT LEGAL DiSCRIPTwN: E I 0 ?i%AT POR?XN Of TPACT 7 Of LAGUNA M5A 3933 lo SCALE I IN = 40 FT. TRACT l/V 7W CZTY Of CARLSBAD, COUNTY Of 20 SAN DifGQ STATf Of CALZFOB’RA, ACCORD/NC TO HAP 7HXfOf Afo, 1719, ffLfD fN 7h!f OfflCf 30 Of 7b!f COUNTY RfCORDER Of SAN DifGO COUNTY 40 -N- BASIS Of BfARiNG. 7T’if k/f5TEgL Y RZHT-Of-WA Y LINE Of P/O P/CO DRWf CT \ PREPARED 0 F 0 & 0 ENGl’EERfNG, /NC. NB9”55’45t!E 10.00’ 1611-A 5 MEMO5E DR., V/sTA, CA. 92003 P%‘GNE: (760) 945-3150 I w / f=mw f- -- PARCEL L/NE :::::i:I:i:i::::::::::::.:.:.:..:......::::~:~:::: :::I:.:.:,:::I:::::::I::~:~:~~~~:~~~~~:::::.:.:::: .I ?RoposLD EASEI?ijENT ----------- ADJACENT PPOPEPTY L/NE MEPAARED 0 K REQUE.ZED 0K ’ CfTY OF CARLSBAD 1635 fARADA Y A VENUE /Rd e CARLSBAD, CA 9ZOOS7314 DHff’5 R 0EA& PffONE: (760.) 602-2720 EXF!!iE5 3-31-O+’ PLA T TO fLLU57X?ATi5 GLAN7- DEED Of EXM0f T -0 * l?R 00-50 .FASZMZN7- FOR 10 fOOT ALONG P/O P/CO DR. 5ffEET’of I pRd/pcJ No.: Ma2 5# P < I c j..,‘ \,..$ $! . ‘. 1 ’ ‘-c ’ ., I - 3934 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest&real property conveyed by the grant deed of ,,,‘,’ : _; g:; : :‘, ;‘$, ‘$,&; easement dated July 25, I+@$‘fr~m~D.J: ‘ovlirare, A@hgfa V&man, to the City of “:,i;. ,_ ;I ,$‘,j iL’ ‘,‘C Carlsbad, a Municipal;Carpo~~tio~~;i~~~,he~~~~~~~~~t~~~~~the.~~lCouncil of the City of _<:1,,, “_ : II; El,’ Carl&ad, Ca,iforni~~~~~~Pduo~ Ordinance No. N~-422,,-ado~~~a;ioml~~Rptember 16, ‘I :. :Il.jj,_ .’ < 1997. and the &&ee c&ients to the recordation thereof by ik duly a’k%orized officer. r ‘j_, - ,,,_. ,I I .:_,. _? , y.) ;:,, :.I _, .,! ,,:;:i:~ ‘1$,, t ,,I_’ .:_. _. :, ,, . . ..‘“&$.. G ii@f” &,.li.: ii,&. . . $&$,::; ,___ f’:.:, p:;,? _ ,,~;$i;&i;‘rl:r~;, :i: DATED: Au&&;&, &IO ,_:j ‘iii3 ::_iil:i;: : 2’s; :,$a:&$$ pf$$.~;~ri ,;; ‘,j gj, $3 _, @ii _j( j 2 2”: t .:,:$ ,; I::‘;:. ‘>‘$:i” :jj i_;. :,:_,i_~ 22.lj, :;!j! >$&il’f, ._: _. ,., ,’ : _.‘: :, ‘.’ ‘_, ,_ ,, ,ii: ~~~“:/gl’t PROJECT REVIEW COMPLETION EASEMENT and COVENANT FOR EASEMENT The following project maps have been reviewed and are recommended for approval: Project Name: MrnRE hi!fm9%w Dd?m&&ztl~ Project No.: Easement No.: P6 00-s-d Sheets No.: Legal Description, - s ee / h t(s) (Exhibit “A”) & Plat, / sheet(s) (Exhibit “B”) DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the easement review of this project as defined in Section 8703 of the Business and Professions Code to determine that the easements are found to be in substantial compliance with applicable codes and standards. Review of these project easements does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Helming Engineering Co., Inc. 5962 La Place Court, Suite 245 Carlsbad, CA 92008 (760) 43 l-5999 o+ “Lo6 Signed Douglas L. Helming, RCE 23874 Expiration Date 12/3 l/O 1 Date 7- 3/-L@ ‘* . . * . I * . ’ - 3936 DOG 7 2000-0462566 i CIUG 299 2000 II:27 AM/ RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) aFICIflL REcoRDS SAN DIEGO CWNTY RECORDER’S OFFICE -fiE?"' C0UNTYREm : 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 156-350-04-00 PROJECT NO. & NAME: PR 00-58 MOORE EASEMENT DEDICATION SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO ANITHE EASEMENT(S) IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT AITACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT is made this &j.&-~ day of -&L 1 2060 by D. J. 9 - Moore, a single woman, owner of the land hereinafter described and hereinafter referred to as “Owner,” and Redlands Centennial Bank, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH WHEREAS, D. J. Moore, a single woman, did execute a deed of trust, dated May 6, 1999 to Redlands Centennial Bank as trustee, to secure a note in the sum of $93,750 dated May 6, 1999 in favor of Redlands Centennial Bank recorded in the office of the County Recorder of San Diego County on May 13, 1999 as File No. 1999-0328731 of Official Records of said county; and 1 Masters/Forms/Subordination Agt Trust Deed Holders City Rev. S!31 /UO . ‘I . . 3937 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT(S) dated f Jb$aj/~ti, - In avor of the City of Carlsbad as grantee herein referred to as “Easement Grantee” creating AN/THE EASEMENT(S) more particularly described in EXHIBITS “A” attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT(S) provided the grant of EASEMENT(S) 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(S) created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT(S) and Beneficiary is willing that the grant of EASEMENT(S) 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(S) above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT(S) 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. 2. That Easement Grantee would not accept said EASEMENT(S) 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 I MasterslFormslSubordination Agt Trust Deed Holders City Rev. Sl31/00 h EASEMENT(S) 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(S) 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/(We) consent to and approve the grant of EASEMENT(S) in favor of the Easement Grantee. 2. I/(We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENT(S) 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(S) is being executed and delivered, the EASEMENT(S) IS/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. I Masters/Fms/Subofdination Agt Trust Deed Holdars City Rev. 5/31/00 h , 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. I lh-wl~3 1 pmw (print-name IZre) c I=0 /pvrs,&t (title and organ’ ytio; of signatory) , (print name here) co ccluv?2-- 5Etrcxr~~~ aQ5 (title and organization of signatory) (sign here) D. J. Moore (print name here) (title and organization of signatory) By: (sign here) (print name here) (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 City AttorFy Masters/Forms/Subordination Agt Trust Deed Holders cjtv Rev. 5lSlh30 ~^ -. 3940 State of California County of San Diego On ,%,M %&%9~0 before me, FGmE ‘7: -w-1 thF5 Q5qhzq g@i f!p (D&e) ’ (Name, Title ‘of Officer) personally appeared 7.3. mQV% (Name[s] of Signer[s]) I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the personH whose namew is/w subscribed to the within instrument and acknowledged to me that he@hey executed the same in hi @ /their authorized capacity@& and that by hi @ e /their signature(Hon the instrument the personti or entity upon behalf of which the person(df acted; executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages - * 394.1. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5IH ‘A -tZJVl&CbC > ss. On l-27-00 &WI Kfziwldes, h)hvu p&&c , Date Name and Tttle of Officer (e.g., ‘“Jane Doe, &kay Public”) personally appeared ?iIXIA~l~ SD H.u+ &~,d %?Uti f&d- if5 Name(s) of Signer(s) J 4 $ personally known to me 0 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 !&&e/they executed the same in h&her/their authorized capacity(ies), and that by t%m%sr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 Document Title or Type of Document: SU $&‘f&K&&0I- h l& Document Date: L25d Number of Pages: Signer(s) Other Than Named Above: ‘fB3 moo +& Capacity(ies) Claimed Signer’s Name&U&.%3 cl Individual & Corporate Officer - Title(s): Gt%J / tEk%rebl, , I 0 Partner - 0 Limited 0 General ‘h 0 Attorney in Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: secl~L& n& cfZnk#ULid b-k-- 0 1997 National Notary Association * 9350 De Soto Ave., P.0 Box 2402 * Chatsworth, CA 91313-2402 Prod No. 5907 Reorder. Call Toll-Free I-800-876-6827 ,’ . 3942 EXHIBIT “A” LEGAL DESCRIPTION A 10.00 WIDE PUBLIC STREET AND UTILITY EASEMENT IN FAVOR OF THE CITY OF CARLSBAD OVER THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 17 19, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARRING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE NORTH O”O2’00” WEST ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 905.24 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO MARION A. HENRY, BY DEED DATED JANUARY 19,193 1 AND RECORDED IN BOOK 1865, PAGE 20 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID HENRY’S LAND NORTH 89”58’00” EAST, A DISTANCE OF 667.62 FEET MORE OR LESS TO A POINT IN THE WESTERLY LINE OF PI0 PICO DRIVE (FORMERLY OLIVE DRIVE) AS SHOWN ON SAID MAP NO. 1719; THENCE ALONG SAID WESTERLY LINE NORTH O”O2’00” WEST, A DISTANCE OF 255.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH O”O2’00” WEST, A DISTANCE OF 41.85 FEET; THENCE SOUTH 89”55’45” WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 0” 02’00” EAST, A DISTANCE OF 41.85 FEET; THENCE NORTH 89”55’45” EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.010 ACRES MORE OR LESS SHEET 1 OF 1 CURRENT LEGAL DESCRIPTION: 3943 7WT PORTKW OF T.ZACT 7 OF LAGUNA ME5A TRACT 1N PI!.!? CITY OF CARL%AD, COUNTY OF SAN D/f Go, 5TA Tf Of CAUFOBU4, ACCORL’fNG 70 MAP MfRfOF No, 1719, FfLfD IN 7W OFFlCf Of 7biZ COUNTY RECORDfR Of SAN DffGO CO&!NTY 0AS.5 Of BfARZNG 7i% Wf 57WL Y RZHT-OF-WA Y LINf OF HO Rfco LwVf SCALE 1 IN = 40 FT. ’ 0 1 \ 1 \ 9 0 1 k PRfPARfD 0 fi 0 & 0 fNGfNff,WlfG, /NC 1611-A S. MfLROSf DR... l 205 V.STA, CA: 92003 . PHONf: (760) 945-3150 ~ / F~mf? -- PARC-23 L/NE ::::::::::::::::::::::::::::::::~~.:.:.:::::::::.: :.:.:.:.:.:.:.:.:...:.:.:.:.:.: . . . . :.:..:.... . . . . :. .I PEOPO5ED EASEMENT ,.,. .,. .,. . .:. ._. . .,......... . . . . . . . . . . ----------- ADJACENT PROPERW L/NE RfQUfSTfD 0K CITY OF CARLSBAD 1635 FARADA Y A VfA’Uf CARLS0Aa CA 9ZOQ0-7314 P!ONf: (7601 602-2720 ,, \ m - k \ d c? - / L 2 2 cc3 I- t> 2 I- PfZEPAARED 0 K D.b%+‘S I? BEARF L.S. 6140 EXPWf S 3-31-O< PLA T TO /LLU57Z4 TE GRANT DYTD Of EXHl0f T “0 * PP m-50 EASf+?Z’A’T fob? IO fOO7 ALONG /F/O P/CO D/Z. WEfTI of I PROJPCT No.: Ma7 5&J P