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HomeMy WebLinkAboutPR 2.2.5; REAL ESTATE COLLATERAL MANAGEMENT CO.; 1997-0119323; Easement, - ~r-iECORDINGREQUES~Y 8- UTHENRECORDEDMklLTO UFFICIAL RECGRDS SAN DIEGO Cl!ilMTf' RECOfirDER'S BFFICE GREGDRY Sf?IfH r CDUHTj' RECORDER FEES: 0. r:# Carlsbad, CA 92008- 1989 HP, ATTN: City Clerk GRANT DEED OF TEMPORARY EASEMENT Ekxmmtqwextaxiss " ~ComputedallllvalueofpTopertycwvyed,or []Uniocaporatedareasr~CityofCarisbad;aud [IC~~~val~l~~~of~~~~~~g~~of~e~~~. FOR A VALUABLZ CONSIDERATION, receipt of which is hereby acknowledged, Real Estate COW Management Company, a DeIaware corporation ("Grantor"), hereby GRANTS to City of Carlsbad, a municipal corporation of the State of California ("Grantee"), a temporary easement exclusively for operation and maintenance of an interim public fire station fkcility, togethc with reasonable ingress adegress thereto over that certain real property in the City of Carlsbad, State of Californi; as more particularly desc@xd on Exhibit "A" hereto ("Legal Description"), and as shown on Exhibit "B" herd ("Plat Diagram''). Said temporary easement is expressly subject to, and its scope and duration are controlled b: that certain 1988 Fire Statidn Agreement dated October 14,1988, by and between the City of Carlsbad and B.C.1 Mopmeat, Inc., as amkded by that certain First Amendment to 1988 Fie Station Agreement dated Decemb 18, 1989, by and between 'the City of Carlsbad and Fieldstoneb Costa Associates Limited Partnership. EXHIBITS "A" and "B" are attached hereto and by this reference incorporated herein. Dated: I/- 27 - 967 REAL ESTATE COLLATEXAL MANAGE= JAI.lk-5 ~ A,-t;SZk J. _- .. , . <' ' .Jt7f&Q G, "K4{L94S :-*, c,.< " .v 0 0 ACKNOWLEDGMENT 1 a;o 7 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss. On 11/27/96 , before me,Vivian Mae Walters, personally appeared James pi- Jackson and Spiro Go Kailas personallv 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 igstrument 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 pbrson(s), or the entity upon behalf of which the person(s) acted,! executed the instrument. I WITNESS my hand and official seal. V&$k* e '8 Notary Public in and for said - - County and Stat'e I , [SEAL] b 0 0 16061 EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" (TEMPORARY FIRE STATION EASEMENT) BEING A PORTION OF LOT 249 OF LA COSTA VALE UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON OCTOBER 18,1972, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF LEVANTE STREET AND CENTELLA STREET AS SHOWN AND DEDICATED ON SAID MAP NO. 7457, SAlD POINT BEING ON THE ARC OF A 2000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26'00'00" EAST; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID LEVANTE STREET AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'00'00" A DISTANCE OF 174.53 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 31'00'00" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LEVANTE STREET AS SHOWN AND DEDICATED ON SAID MAP NO. 7457; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, NORTH 59'00'00" EAST 84.28 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 29'48'48l EAST, 49.55 FEET; THENCE SOUTH 30'46'55" EAST, 41.05 FEET; THENCE SOUTH 31'46'32" EAST, 33.29 FEET; THENCE SOUTH 52'49'56" WEST, 52.30 FEET; THENCE SOUTH 63'54'10" WEST, 64.50 FEET; THENCE NORTH 30'08'18" WEST, 44.67 FEET; THENCE NORTH 29'00'59'' WEST, 46.74 FEET; THENCE NORTH 39'04'37" WEST, 33.25 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF SAID LEVANTE STREET SAID POINT BEING THE BEGINNING OF A PAGE 1 OF 3 :DA M:\LEGALS\1859\07\1859AOI .DOC WO 1894-2 1111 9/96 0 0 L GO$ NON-TANGENT 2030.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 30'00'34 EAST; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'59'26'' A DISTANCE OF 35.10 FEET TO THE TRUE POINT OF BEGINNING. . THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.336 ACRE MORE OR LESS. PARCEL ''B" (TEMPORARY SLOPE EASEMENT) BEING A PORTION OF LOT 249 OF LA COSTA VALE UNIT NO. ,I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON OCTOBER 18, 1972, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LEVANTE STREET AS SHOWN AND DEDICATED ON SAID MAP NO. 7457, NORTH 59'00'00" EAST, 52.63 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE; SOUTH 31'00'00" EAST, 5.66 FEET; THENCE SOUTH 54'47'22" WEST, 38.68 FEET; THENCE SOUTH 27'12'59" EAST, 42.09 FEET; THENCE SOUTH 32'01'14" EAST, 39.70 FEET; THENCE SOUTH 26'10'38 EAST, 42.28 FEET; THENCE SOUTH 60"42'00" WEST, 61.26 FEET; THENCE SOUTH 59'45'35" WEST, 71.64 FEET; THENCE NORTH 28'57'30" WEST, 58.67 FEET; THENCE NORTH 27'27'07" WEST, 40.74 FEET; THENCE NORTH 30'1 0'10" WEST, 30.56 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LEVANT€ STREET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 39'04'37" EAST, 33.25 FEET; THENCE SOUTH 29'00'59" EAST, 46.74 FEET; THENCE SOUTH 30'08'18'' EAST, 44.67 FEET; THENCE NORTH 63'54'10" EAST, 64.50 FEET; PAGE 2 OF 3 :DA M:\LEGALS\1859\07\1859AOI .DOC WO 1894-2 1 111 9/96 v e 0 1610 THENCE NORTH 52'49'56" EAST, 52.30 FEET; THENCE NORTH 31'46'32'' WEST, 33.29 FEET; THENCE NORTH 30'46'55" WEST, 41.05 FEET; THENCE NORTH 29'48'48'' WEST, 49.55 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.071 ACRE MORE OR LESS. q= k/,!L9h- N- 20 - pd / JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :DA M:\LEGALS\I 859\07\1859AOI .DOC WO 1894-2 1 1 I1 9/96 vrcrmry MAP N 31"OO'OO"W N 27" 12 ' 59"W MAP NO. 7457 LEGAL DESCRIPTION PORTION LOT249LA COSTA VALE UNIT NO. 1, MAP NO. 7457 BASIS OF BEARINGS I CENETRLINE OF CENTELLA STREET PER MAP NO. 7457, i.e. N 26°00'00'W GRAPHIC SCALE DEDICATION PLAT - CITY OF CARLSBAD APPLICANT : PREPARED BY A.P.N.: PROJECT: c w/&% /j-uq SHOWN ABOVE ,TEMPORARY F/R€ JOHN W. HILL, JR. LS. 5669 s'A''oN No* 6 1 EXPIRES: 9/30/99 PR 2-23 EXHIBIT " B' -~ - .. ". "~_ ." . . *I ~, e 0 CERTIFICATION FOR ACCEPTANCE OF DEED h 612 This is to certify that the interest in real property conveyed by the grant deed or easement, dated 11/27/96 , from Real Estate Collateral Management Company to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is - hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91 -71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly authorized officer. DATED: March 13, 1997 a.&tL-& u ALETHA L. RAUTENKRANZ, City Cl$k 6 +:,' II ' * .. 17% li"%l;PSLY I i iefr89"8$11059"%IX ' II 18-nAW-PaP7 88=35 &PI 1 I 1613 - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: @TICl&. RECORDS SAN DIEGO COUNTY RECORDEYS OFFICE FREC;@fi'r: SflETH f CDIJf'f ?ECOfi$ER FEES: 0.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ll I Space above this line for Recorder's Use Assessor's Parcel No. 223-1 70-33 Project No. 8, Name PR 2.2.5 Temporary Fire Station No. 6 .' .I u SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) 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, made thisaday of ~%CEM~C~ 19% by Real Estate Collateral - Management Company, a Delaware Corporation, hereinafter referred to as "Owner," owner of the land and Bank of America, Illinois, an Illinois Banking Corporation, formerly Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association and also formerly known as Continental Bank, N.A., a National Banking Association, hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Fieldstone La Costa Associates, a California Limited Partnership, did execute deeds of trust, dated November 5, 1988 and February 25, 1993 to First American Title Insurance Company as trustee, covering the land described in Exhibit "A attached hereto and incorporated herein together with other property to secure notes in the sums of AgreementsMG-24.frm Rev. 6/26/95 I ~ 0 0 - 7 614 $150,000,000 and $3,000,000 dated November 5, 1988 and February 25, 1993 in favor of Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association recorded in the office of the County Recorder of San Diego County on November 17, 1988 and March 5, 1993 as File Nos. 88-592631 and 1993-0139619 of Official Records of said county; and WHEREAS, Owner has executed, as grantor, a grant of EASEMENT dated November 27, 1996, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating AN EASEMENT more particularly described in EXHIBIT "A 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. ll 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: 1. 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. Ill Ill Ill Ill AgreementsL4G-24.fm Rev. 6/26/95 I/ ~ ~ ' a' ' 11% 0 0 "6H5 1 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. We consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. We 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/ I// I /// Ill /// Ill Ill Ill I AgreementsWG-24.frm Rev. 6/26/95 ~ ~ .* e 0 7 g;I..6 - 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. Executed this -J day of - i ~MLJ,+.@ V' , 19 G -7 . 9 22-17 BENEFICIARY: OWNER: Bank of America Illinois, an Illinois Real Estate Collateral Management Continental Illinois National Bank and Trust Company of Chicago, a National Banking Association, and formerly known as Continental Bank, N.A., a Banking Corporation, formerly Company, a Delaware Corporation National Banking Association !J7e By: /e" (sign here) -(print name here) 7 \+'. J f UL': f-1 ".i \,La - +itY 9 6: pe pjp$pw.fl (print name here (title and organization of signatory) k/? (Proper notarial acknowledgment of execution by APPLICANT must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney I AgreernentsWG-24.frm Rev. 6/26/95 . 0 0 1617 State of California 1 1 County of San Diego 1 'A / .? ji On / ,I )& qb before me, .=,<, ii/3qt& $&OS [i;fis k - - - personally appeared 3 &.$Q3 x, a&,,&:& ;x QJqjqi;L - " ('Date) // !.,[ (Name, Title of Officer) ' 1; .-; d 2 (Name[s] of Signefls]) '> ss , \ro j CYc +$-JJ&;S - j ," -J L personally known to me -OR - 0 i ,~~~r;'sm?w*".:z4 (Or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) I 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@) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal f-) y2 J' ', k.,! "dLL,&JJg?J ' 1 y4p 9 "Wf it !I/-. I*t-L,jJ) ,!-< .* - (This area for Signature of Notary official notary seal) AgreementsWG-24.frm Rev. 6/26/95 0 0 CALIFORNIA 1618 $~&%? ?%&::. $jp, $pi;>, $@& :$*+ ALL-PURPOSE = ,.,,: ..I.,.,, $,,,, . ,,,”.. “<..>V??... ‘i?. .,*,.a ?&W 551’. -,.,.-.-..- $&W ...,:e$% “.,3.,., :*$F ._._ .: .) .... , ri“ :~::::d ,,e. ,. :.; ..*,. :: . ..:.-< .. ’:: ::‘:<3&4&. ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF L- \ L \&-e u y ) On 1- 337 , before me, a,&& c\n,cttt,bh, lVkANzq (&\+ 1 DATE NAME, T\TLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared, SW & “t e- sidU personally known to me (or proved to me on the basis of satkhactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. m. (SEAL) - ’NOTARY PUBLIC SIG~ATURE I OPTIONAL INFORMATION a a ;;<<y;. ...,<$<%.> $pi;;;;, :,?y:::.. .t<,,.,l ., ..,... >.- TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE . * i e m CALIFORNIA J 619 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF kQS &?e{- 9 ) 1-3-cL7 \ On I before me, k KK jV1AsbaQ L!L&bk\ Cl - DATE NAME, ~ITLE OF OFFICER - E.G., "JANE DOE, NOTARYJPUBLIC" - personally appeared, i)CL s+,C\CL;n personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(@ is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c~&s.m+-= (SEAL) NOTARY PUBLIC SIGNATURE f") @ OPTIONAL INFORMATION n +!.;;is: .$ ;&fi<:w m u .:. .A>> .<*.......... &$$$; +#,$$, .::,...,I. .,,+,gj"' .>w.+,., ...,.Iy,. '? ;:;,;,&$ :!&&:?< .,,...... I. ,.;e%,%>: :<&...qy. .rrr<>... .rr:$&r TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE