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Home My WebLink AboutPR 2.3.116; REAL ESTATE COLLATERAL MANAGEMENT CO.; 1996-0636765; Easement~~~l;>IM.~RE'zu$~TE,~~B~ +~~(EH; ;; i 11U ,~tw :ASE MAIL TO: I @ # ~~~~-~~~$~~,~~ "? -7Lq 2Q-DEG-1$?9& ;2zl$ pn r Clerk Y OF CARLSBAD rO Carlsbad Village Drive .Isbad, CA 92008 1'762 ~!-z-=-TA' I wnr? ut? ~L.~HL F,Ett!~h r.-q k-,y;gT~~ -i-.rprir-:? --. 3~gjrc $# @E%!! LVJi'i 1 RtL.$$jq ,&jrl+u a- @p;Er{ yifyM % [$& i ! &.ii .,vfl,* trrc: I Ci* 2 nn a: hjR .* : *'.> IL TAX STATEMENTS TO: EXEMPT m 3 undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.0 @ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of-, and APN 255-041-19 Project No. & Name PR 2.3.1 16 Arrovo La Costa, Unit No. 1 1 CT 88-03-1 CORPORATION GRANT DEED OF EASEMENT FOR AVALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a corporation organized under the laws of the State of Delaware hereby GRANTS to REAL ESTATE COLLATERAL MANAGEMENT COMPANY, THE CITY OF CARLSBAD, A NIUNICIPAL CORPORATION the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PEDESTRIAN AND BICYCLE access purposes, over, upon and across the herein described real property as described in Exhibd"A" consis1:ing of one ( 1 ) page(s), attached hereto and made a part hereof. Exhibit "B" consisting of two ( 2 ) page(s) is attached for clarity only. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and thereunto duly authorized. DATED 11 /4=)7/'$;A- REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION STATE OF CALIFORNIA COUNTY OF SCLfI bI'bC On 11 137 OQ~ before me, Sh& 0 (here insert nam&and ti le, of thle office$, personally ~ared~ptfi *., II .. G, ~CLL\U Cwgi cJ&,ms h d Title Gi& pba wd d to me on the 'basis 073s- evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they BY executed the same in hidherhheir authorized capacity(ies), and that by hidherhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) Name I d@o 6. /&I& acted, executed the instrument. (Type or Print) WITNESS my hand and official seal. Title v I % p&X/ bk5 T- ( I ype or Print) ~- !J - t . i. I, #-) Y 4 0; 3 I I' nJ;d u " e , . .c (Type or Print) At -5 r'n , personally known to me (or proved 3WG ' ( lype or Prl I nature) ;w,J/b&u: 7 otary Public - Coiifcrnia MAIL THIS STATEMENT AS DIRECTED ABOVE / , i - : . 1. * e 0 1763 LEG/1068BSE.LEG, 9/19/86, @ EXHIBIT 'A' LEGAL DESCRIPTION FOR EiICYCLE AND PEDESTRIAN EASEMENT THAT PORTION OF LOT 1 OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARILSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE MOST WESTERLY CORNER OF LOT 'B' OF CARLSBAD TRACT NO. 88-03-1 ACCORDING TO MAP THEREOF NO. 13385 ON FILE IN THE OFFICE OF SAID COUNTY RECORDER;: THENCE: ALONG THE NORTHERLY LINE THEREOF 1. NORTH 83'53"56" EAST 7.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING 2. NORTH 83'53'56" EAST 94.92 FEET; THENCE LEAVING SAID NORTHERLY LINE 3. NORTH 46'23'13'' WEST 35.39 FEET; THENCE 4. SOUTH 83O53'56" WEST 43.26 FEET; THENCE 5. SOUTH 40'43'09" WEST 39.46 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,865 !SQUARE FEET MORE OR LESS. * EXPIRAw DATE 12/31/97 PAGE 1 OF 1 J 8. i .I . Ilt EXHIBIT 'B' 11 5136 R4W 8BM .. """ 111 TRACT NO, 88-3 ARROYO .LA COW'A UNIT 1 ME EASEMENT DESIGNATIONS ON INDIMDUAL SHERS MAY REFLECT ONLY A PORTION OF THE ACTUAL EASEMENT LIMITS DUE TO SHEET UMlT UMITATIONS. EASEMENT AREAS SHOW ON INDIVIDUAL SHEETS REFLECTS THE TOTAL AREA OF EASEMENTS, PROJECT NAME PEDESTRIAN EASEMENT '* * '* ' EXH/BT 'B' 1765 ~ ~~ ~~~ I LEGiBVD [-I BIKE AND PEDESTRIAN EASEMENT * AREA = 1,865 SQ. R; PORTlON OF EL CAMINO REAL DEDlCA TED PER MAP NO. 1&%% RANCHO LA8 ZN@JNJTAS PORJ L0-l' -1 ., @ARLGBAD TRACT EASMENT DEDICATED PER BICYCLE AND PEDESRIAN NoJ $$-o3-od MAP NO. 1-3385 OVER LOT 'B' OF CARLSBAD TRACT NO. 88-03-1 MOST WESTERLY ___c_ c-" LOT -123 CARL8BAD TRAcl NoJ $$do3Aoj MAP No, 13385, PORTiON OF EL CAMINO REAL DEDICATED PER DOCUMENT NO. 217326 RECORDED NOVEMBER 28, 1969 Pm&ct &sign Co'orrszcltants PLiImwG B~~~~: mmmm 619*236-6471 FAX 294-0549 701 "B" Stmet, SuUe 800, San %go, Ca 92101 0 25 50 I DRAWN BK DESIGNED BK CHECKED BE 'ROJECT NAME BICYCLE & PROJECT NO. EXHIBIT CALI1 BARCELONA 2 SHEETS OF PEDESTRIAN EASEMENT '6' PR 2-3. i 16 SHEET 2 Lcll~lrDMvn\rlrrrnI'rn-rrr.rrn.ln .* . 1. " @ C. * y 766 CERTtFIC4TtON FOR ACCEPTANCE OF DEED This is to certify that th.e interest in real property conveyed by the grant deed or tasernent, dated11/27/96 A fromReal Estate Cnl1 RtpYaI MaFEt Co. '0 the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is lereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, Zalifomia, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, 3dopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly suthorized officer. DATED: December 19, 19- stat: City. Clerk 6 1 ITEE 20"EC-1996 k2=18 Pn OFFICIAL REZORCIS SAM DIEGO COUHTY RECOEDER'S OFFICE GREGORY S8fTH 1 COUHT'Y' RECOEDER AND WHEN RECORDED RF : 14.09 FEES : 64.00 fif ; 19.00 Citj Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carisbad, CA 92008 MF !i :X? i. 00 MISC: 30. OQ ll I F ,T d' - pi; :s 2.. '. Space above this line for Recorder's Use /. Assessor's Parcel No. 225041-19 Project No. & Name Pk 2.3.116 Arroyo La Costa, Unit NFJ / 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 thissqay of d-$lWby REAL ESTATE COLLATERAL MANAGEMENT COMPANY, 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 a deed of trust, dated November 5, 1989 to First American Title Insurance Company as trustee, covering the land described in Exhibit "A" attached hereto and incorporated herein by this referenice together with other property, to secure a note in the sum of $150,000,000 3 Agreements\AG-24.frm Rev. 6/26/95 Ji i 1 e 0 1768 dated November 5, 1988 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 as File No. 88-592631 of Official Records of said county; and WHERFAS, Fieldstone La Costa Associates, a California limited partnership, additionally did execute a Deed of Trust, dated February 25, 1993 to First American Title Company as Trustee, covering the land described in Exhibit “A” and incorporated herein by this reference attached hereto together with other property to secure a note in the sum of $3,000,000 dated 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 March 5, 1993 as File No. 1993-0139619 of official records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT dated t%&+’. yT,i%d, in favor of the City of Carlsbad as grantee herein referred to as “Easement Grantee,” creating AN EASEMENT more particularly described in EXHIBITS “A” and “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. Ill Ill Ill AgreementsWG24.frm Rev. 6/26/95 .. : !I . e 0 \. 1769 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. 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 EASEMENTS 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. AgreementsWG-24.frm Rev. 6/26/95 .I : ll a 1770 0 >. I1 I 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 47 * day of daqb I 19.L.. BENEFICIARY: OWNER: By: BANK OF AMERICA ILLINOIS, By: REAL ESTATE COLLATERAL an Illinois Banking Corporation, MANAGEMENT COMPANY, a formerly Continental Illinois Delaware Corporation National Bank and Trust Company of Chicago, a National Banking Association, and formerly known as Continental Bank, N.A., a i National Banking Association I . J ~ , <;;= 4X-i Ef*2 3 c ..I. (print name here) $4, t-" /" s; j; & (title and organization of signatory) \'i & 171% 1 ~d ( (title and drganization f sig atory) Bv: 5wfl& . (sign fer VSP/Rd G. bws (print name here) (title and organization of signatory) Yr &- p&mt.n/r (Proper notarial acknowledgment of execution by APPLICANT must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Agreements\AG-24.frm Rev. 6/26/95 0 l @l CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF OnqUics 1 On \ \-x> -ct I, , before me, M.A ++w Lj hln,, Rbl& 7 DATE E OF OFFICER - E.G.. “JANE ~OE, NOTARY PUBLIC” personally appeared, s m~&, LC tdr. personally known to me (or proved to me on the basis of satisfa!ctory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Ccrnn. #lo52527 WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA (SEAL) OPTIONAL INFO~MATION m fy=J ...... ... \. .,,’......,.,.. :$?::;;;;>, a>>z>p, ., t..:’ .-rrz$>:” TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURP a ACKNOWLEDGMENT 0 1772 State of California County of Orange On November 27, 1996 before me, Joyce E. Goebel, Notary Public personally appeared Robert W. Birmingham, Vice President p personally known to me - 1 to be the personN whose namgMislme subscribed to the within instrument and acknowledged to me that helsm executed the same in his/W#xw authorized capacity,@SJ, and that by his/hw”ir signatureH on the instrument the personm, or the entity upon behalf of which the personwacted, executed the instrument. Date Name and Title of Officer (e.g., ”Jane Doe, Notary Public”) Name@) of Signer($ JOYCE E. GOEBEL COMM. f 1050789 ORANGE COUNTY 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 Document Date: Dated When Recorded Signer(s) Other Than Named Above: Sandy Cassidy, V.P. & others Capacity(ies) CUaimed by Signer(s) Signer’s Name: Robert W. Birmingham 0 Individual LA Corporate Officer 0 Corporate Officer 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General Title(s): Vice President Title(s): 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: Bank of America 0 1994 National Notary Association 8236 Remmet Ave., P.O. Box 7184 Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .. 0 17 ? 3 State of California ) ) County off San Diego 1 On 1 [ ! H I@@ before me, .&L ti;7i?&,kr~&~d - - c personally appeared 5?Q;r$ &, g(&&,S ;Id L. - - (Date) I (Name, Title of Officer) ' ?. / (Name[s] of Signeas]) L f&?w$ Y% * JhK3lo-, " L 0 - personally known to me -OR - 0 (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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SAN DIEGO COUl"Y omm. Expires MAR 1.1 n %! JUy-JJ -l Signature of Notary (This area for official notary seal) AgreementsWG-24.frm Rw. 6/26/95 CORDING REQUESTED BY 3 WHEN RECORDED, 3SE MAIL TO: I Clerk Y OF CARLSBAD )O Carlsbad Village Drive ,Isbad, CA 92008 IL TAX STATEMENTS TO: EXEMPT 1 1 EXl"IJ6lT 'A' 0 1774 I ? undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of-, and APN 255-041 -1 9 Project No. & Name PR 2.3.1 16 Arroyo La Costa, Unit No. 1, CT 88-03-1 CORPORATION GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a corporation organized under the laws of the State of Delaware hereby GRANTS to THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PEDESTRIAN AND BICYCLE access purposes, over, upon and across the herein described real property as described in Exhibit "A" consisting of one ( 1 ) page(s), attached hereto and made a part hereof. Exhibit "B" consisting 01 two ( 2 ) page(s) is attached for clarity only. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and thereunto duly authorized.. DATED REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION STATE OF CALIFORNIA COUNTY OF zc..>o 3c;C;t~ i J On I I lal Iqb before me, fhL A (here insert nams'and title.of the office$), personally EarLd.;?; I fc G , +=$p&\r& &'lki r' JLL.rn.5 '.. 'Lh 4 , 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 hidherheir authorized capacity(ies), and that by hiskerltheir 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. ,A *. tr.nL? .kr Q!,L, _. ! ' -;p)>-d - " - - Byy Name cit;b p\,. k$.$;r (Type or Print) ype or Prl f. Title $r & /&a md r 3kG BY I nature) Name bffo 6. /&I& Title VI%- f/"IDkWi- (Type or Print) (I ype or Pnnt) Signature y .CCL I?. i-a A , A .$ti \!=y)LUd,,&j (Seal) MAIL THIS STATEMENT AS DIRECTED ABOVE 5. 0 -e .- " LEG/106BBSE.LEG, 9/19/86, @ 1 ??5 EXHIBIT 'A' LEGAL DESCRIPTION FOR BICYCLE AND PEDESTRIAN EASEMENT IAT PORTION OF LOT 1 OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 18 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN IE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE LRTICULARLY DESCRIBED AS FOLLOWS: "ENCING AT THE MOST WESTERLY CORNER OF LOT 'B' OF CARLSBAD TRACT NO. 3-03-1 ACCORDING TO MAP THEREOF NO. r3agr ON FILE IN THE OFFICE OF SAID >UNTY RECORDER; THENCE ALONG THE NORTHERLY LINE THEREOF !. NORTH 83"53'56" EAST 7.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ?. NORTH 83'53'56'' EAST 94.92 FEET; THENCE LEAVING SAID NORTHERLY LINE 3. NORTH 46'23'13'' WEST 35.39 FEET; THENCE 1. SOUTH 83'53'56'' WEST 5. SOUTH 40'43'09" WEST . .. 43.26 FEET; THENCE 39.46 FEET TO THE TRUE POINT OF BEGINNING. INTAINS 1,865 SQUARE FEET MORE OR LESS. l/!rn/;iTE EXPIRZhLQh DATE 12/31/97 PAGE 1 OF 1 4 'ORT/ON OF EL CAMlNO 7EAL DEDICATED PER 4AP NO. -/3-&%-- RANCHO LA9 CARL85AD TRAcT EASMENT DEDICATED PER BICYCLE AND PEDESTRIAN MAP NO. &384 OVER LOT 8' OF CARLSBAD TRACT NO. 88-03-1 -" __ccL DEDICA TED PER MAP CARLSBAD TRACT No, 88-03-01 MAP No, U&jsd PORnON OF EL CAMINO REAL DEDICATED PER DOCUMENT NO, 21 7326 RECORDED NOVEMBER 28, 1969 PEDESTRIAN EASEMENT