HomeMy WebLinkAboutPR 3.2.29; Aviara Land Associates, LP; 89-345755; Easementn "" RECORDING REQUESTED BY
*,
e ' 0, IC€34
.I ' 0 8.9 31r$:rS$
+ .2, .I". ': ;; :d. -<fi~~4g jiin~ ONSU~~CE COMPANY OF CAUF W )i
I * ., ~~+~;j~,gpl:j $pi --*
.d*Ar$ i.<p<:A.: c$ia 1 i- i f .;!:e j- $>;i ,=. ;:?;p,-.r:? n ;GF c*'. -,.~~.~~-~~.~-,~'~~~~.~~
AND WHEN RECORDED MAIL TO .- -: - "...-.si; ; r c.2. j
r City Clerk
Uame City of Carlsbad
hreet 1200 Elm Avenue
wress Carlsbad y CA 32008
2ty &
;%ate L
1
I
89 && 2-9 PH 2: 49
C&,";f y $7??&0Efi c- % -J z;-;rs, L I 'fLf
4
MAIL TAX STATEMENTS TO r 1
dame JflflE i/lzs &dvz
itreet tddress
Zity & itate L J
SPACE ABOVE THIS LINE FOR RECORDER'S USE- Partnership Grant Deed
CAT. NO. NN00586
TO 1925 CA (1 1-83) DTAIE~~A~JSI~~L IP,tf+;litL~LRERS
,I 4 PR 3.2.29
The undersigned grantor(s) declare(s): CT 85-35 Phase I
( ) computed on full value of property conveyed, or APN z-16- J/(-o~
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( x ) City of mri , and
< t Documentary transfer tax is " Unit E
I 4 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Avi ara Land Associates Limited Partnership
drainage over, under, 'upon and across
a 1 imi ted partnership organized under the laws of the State of De1 aware
hereby GRANTS to the City of Carlshaci, a fhni cipal CorpofAtion, an easement for
1 the following described real property in the City of Carl shad
County of San Diego , State of Cahfornia.
See Exhibit "A" attached hereto and made a part hereof. Exhibit I'Bll is provided for clarity only. I
Aviara Land Associates Limited . ' Partnership, a Delaware limited partnership
Aviara Land Company, a Del aware Corporation y general partner
n
Dated:
STATE OF CALIFORNIA COUNTY OF } ss.
On before
me, the undersigned, a Notary Public in and for said
State, personally appeared Republ i c Devel opment Company,
personally known to me or proved to me on the basis
of satisfactory evidence to be the person- who exe-
cuted the within instrument as
of the partners of the partnership that executed the
within instrument, and acknowledged to me that such
partnership executed the same. WITNESS my hand and official seal.
See Attached Signature
(This area for official notarial seal)
Title Order No. E,--."--. -r T -n- hl-
,
,a ,)
4 = s
E=
a= D 2 n m
E8!B
I, ._
*, I
,, 7
<I La
e 1685
60,ll sv batdrn
5/18/89
EXHIBIT "A98
LEGAL DESCRIPTION
DRAINAGE EASEMENT (OFFSITE) CT 85-35 PHASE I UNIT E AVIARA
That portion of Section 34 of Township 12 South, Range 4
West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to
official plat thereof, as shown on Record of Survey no. 10774, recorded October 30, 1986 as file no. 86-494180, being
more particularly described as follows:
Commencing at the Northeast corner of said Section 34; thence
South 77°49'0211 West,3697.50 feet to the TRUE POINT OF
BEGINNING; thence South 39"43'4011 West,68.83 feet; thence North 5Oo16'2O1l West,20.00 feet; thence North 39"43'4O1I
East,66.29 feet; thence South 57"31'2Ot1 East,20.16 feet to
the TRUE POINT OF BEGINNING.
6-2-69
s, .
, > */
t1 I+
0 EXHIBIT nBn 1 @6
h *."'.
:.." i....; -4.
"Y) '"."- i.i I **"I ,
SCALE: I 'I= 40 I .."" ..
PA 0 P OJ€D OFFS/ Ti? DRA/NAG€ EAS€NENT
sua D/ v/S/On/ BOUNDA ?? y
JI Ls
p?
APN 216-1 11-03
!
:. .. 4) "b, / DPk
4
;-=I ...,.-. C. -J) <"! l5J '. ..I i .4 ....e
32) j
'92
"4
zz
PLAT TO ILLUSTRATE
kd& . L-2-89 DRAINAGE EASEMENT
BALEA. QAI//S L.cE 5894:
bRACiNAPg #iA@EMtIhit {OpF6#i'g) CT 85-35 PHASE I UNIT E AVIARA
PRQJEBT NAME:
PR 3.2.2Q
EXHlBl PROJECT NO.'
6
I I u PBD Technologles
San Dii CA 92101 619-232.4466 401 west "A" street, Suk 2h
*,. . , .f, , . ..+. .
,. , , @& 1684 e
'1 I*
STATE OF CALIFORNIA 1
) :ss
COUN Y OF SAN DIEGO 1
On 5 4, before me, the undersTed tary pub1 ic
in nd for said state, personally appeared ,fl (personally known to 1 >1- LAAC 1 m3LS - * -Y president, and
(personally known to me) to be the ny, a Delaware Corporation, the
corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that
executed the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such partnership executed the same.
Witness my hand
Principal Place of Business
STATE OF CALIFORNIA 1
) :ss 1 SAN DIEGO b
n , before me, the undersig y appeared fl
Id tc -pA;z w -F "tiCfW Y president, and
nown to me)
) to be the
-y of Republic Development Company, a Califbrnia Corporation the corporation that executedthe within instrument and (personally
known to me) (proved to me on the basis of satisfactory evidence)
to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
Witness my hand
said State
My Commission expires .3 /5F
I 7
Name LEG+ *AKPNdd L A&6U &-!NTY Principal Place of Business
.' : e, ~ * c' I688 I)
I * ,,<
CERTIFICATION FOR ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property
'conveyed by the easement dated June 7, 1989
from Aviara Land Associates Limited Partnership
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 89-201 , adopted
on June 27, 1989
recordation thereof by its duly authorized officer.
- , and the grantee consents to the
DATED : June 28, 1989
I By : l?/&&& AQ
ALETHA L. RAUTEdK-jerT
.( 0 '. @9 345.73:6 . 1'
" ' 1689
1 'T\~&K rike IA >~bg2/art'~t='
RECORDING REQUESTED BY AND 1
..+" r ..-.3\r.+..m " * $ 7.3. ti ;?tt'r. $1 ;$.i z ! c;- ? ;: ~ i :- ; :-2"P7.r-'T<v.- ..
itf z<...T.;'z ;;:.-.~? .,;.; :&'&s;'f" i;;,, 4 .,.,. ,.- ;7:-t;+.;::gjg ;
-e"-
il - .-.'S - - i i .. (i :- I-
S">?- <-= .> >..>;::.?. ~. -1
WHEN RECORDED MAIL TO: j 1 @3J#q 29 p)f 2: 49 CITY OF CARLSBAD i 1200 Elm Avenue 1 Carl sbad. CA 92008 1 L we - - "."
2 ygR,fi i, LytE 2 cgsyy $iq=@@F .rid , RF /6:
AR 8
3-MG Space above this. 1 ine for Recorder's use. 6
PR 3.2.29 SUBORDINATION AGREEMENT CT 85-35 Phase I
UNIT E APN W,&-(/f-O3
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE 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 this 7th day of June 1989 by Aviara
Land Associates Limited Partnership, a Delaware Limited Partnership hereinafter
referred to as "Owner," owner of the land and First Interstate Bank of
California, a California Corporation hereinafter referred to as "Beneficiary";
present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Avi ara Lana Associates Limited Partnership, a
Delaware limited partnership did execute a deed of trust, dated December 20,
1988, to First Interstate Bank of California, a California Corporation as
trustee, covering that portion of Section 34, Township 12 South, Range 4 West,
San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of
Cal i forni a to secure a note in the sum of One Hundred Twenty Five Mi 11 ion
Dollars ($125,000,000) dated December 20, 1988 in favor of First Interstate Bank
of California recorded in the office of the County Recorder of San Diego County
on December 23, 1988 as File No. 88-661636 of Official Records of said county;
and
. /a
8.
.I
t
% .\
0 1690 0
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant
of Easement dated JUNb 7 f9fi , in favor of the City of Carlsbad as grantee
herein referred to as "Easement Grantee,N creating an Easement more particularly
described in Exhibits A & B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said Easement provided the
grant of Ease!ner!t is 3 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.
' NOW, THEREFORE, in consideration of the mutual benefits accruing to the
parties hereto ana other valuabie 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, under-
stood 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.
.a
1. '
.<
I .\
0 0 1691
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 y but only insofar as would affect the priority bet-
ween the deed of trust and Easement hereinbefore specifically described, any
prior agreement as to such subordination including, but not limited, those pro-
visions, 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. It consents to and approved the grant of Easement in favor of the
Easement Grantee.
2. It intentionally and unconditionally waives, relinquishes and subor-
dinates 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 waiver, relinquishment and 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 and other lenders and title insurance
companies which would not be made or entered into but for said reliance upon the
waiver, re1 inquishment and subordination; and
3. mprFF 3 UL ""1""*
note secured by the and deed of trust above mentioned Fhat said deed of trust has by this instrument
been subordinated to the charge of the Easement in favor of Easement Grantee
above referred to .
t .* .L
L .-
I. t
.~
e 1692 e
BENEFICIARY OWNER
FIRST INTERSTATE BANK OF CALIFORNIA AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
any, General Partner
By: hk-3 ",&."
By :
By: +&AA
BY+"
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND ?HE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE
SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATIONy UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREENENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
U (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached. )
' ., ,,
I,
t. * ', ,~ I 0
I .. 1693 0
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1
On & T/qfl before me, the under
in add for sald state, personally appeare
) !SS
pany, a Dela corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited
Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such partnership executed the same.
Witness my hand
My Commission expires & ._fl /Fz7
Notary Public
/ 1
Name Em RI.A?NdLd 6dN7-Y Principal Place of Business STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO )
On & 7 /Fn , before me, the unders
in/nd for said state, personally appeared
) :ss 4
to be the
the corporation that executedthe within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that
executed the within instrument, and acknowledged to me that such
corporation executed the same as such Dartner and that such
partnership executed the same. *
KATHLEEN A. ARNOLI NOTARY PUBLlGCALlFORN!
Witness my hand Notary Public in and for said State
My Commission expires #. fir9 ,
Name GGv A* -2&?dLfl z 60 radNW Principal Place of Business
13
c,
*, ,<'
3. e 1694 0
'I
I ,1
TO 1945 CA (7-82)
CAT. NO. NN00737 g mnE INSURANCE
(Corvoration) AND TRUST
.1
STATE OF CALIFORNIA
COUNTY OF ORANGE
On June 7, 1.989 before me, the undersigned, a Notary Public in and for
ATICOR COMPANY
I, 1 ss. 4 said State, personally appeared Kevin P. McKenna 4 personally known to me or proved to me on the basis
W of satisfactory evidence to be the person who executed 6 the within instrument as the i&&&at Vi c& 44, ' X President, and Marmr z\? 1~n
Ty _.
8 .MO,
d personally known to me or 2 proved to me on the basis of satisfactory evidence to be
0 the person who executed the within instrument as the
.. e",* ,?\
W A p. MONA i. RUSSELL "
NOTARY PUBLiC-CALIFORrJIA PRINCIPAL OFFICE IN ORANGE COUKTV
I
(This area for official notarial seal)
-.
, e 1695 @OO, 11 sv batdrn
*> 5/18/89 ' 4 $1
I ).
EXHIBIT IIA"
LEGAL DESCRIPTION
DRAINAGE EASEMENT (OFFSITE) CT 85-35 PHASE I UNIT E AVIARA
That portion of Section 34 of Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to
official plat thereof, as shown on Record of Survey no. 10774, recorded October 30, 1986 as file no. 86-494180, being
more particularly described as follows:
Commencing at the Northeast corner of said Section 34; thence South 77"49f02t1 West,3697.50 feet to the TRUE POINT OF
BEGINNING; thence South 39"43'4011 West,68.83 feet; thence
North 50"16'2011 West,20.00 feet; thence North 39°43f4011
East,66.29 feet; thence South 57"31'2011 East,20.16 feet to the TRUE POINT OF BEGINNING.
6-2-69
I I :-.
2- 1 L. - . ,^ $I'
a EXHIBIT "B" 8 1 -6
I u ,.".. i....)
"( ....-e
C..'i".j i.1 r *" '\ I
.,.~. y! ;-f"
i..f.J , -. (..!...I I]
...... q" *...L ; ....... :.
N Il I ..
L.")
* : .""I !
< .'" .-:- !. "- !..[ ; ..... r- ...\ .
L.1 c \
.-..
SCALE.. I "= 40'
:. 1 , <- ..-..- .._ ... I TM 85-35 ....... *:7 i-).
,".
a: "._. .. ""8' [.."-
...... .* .. I PHA.S€ fl
\
.. .-.. I .. .a '--L *: ._.- j a*...) /--
x..:... *'. !"""; i .?,A
...\ ......... .
f :..J --*. ,:y -.".,
.. ..* *. .. -._ .. c- \ I .. - .".. L..L.- .
I ...... f ""... \ 1 ,'...- i
........ < '! TW 85-3:
"..* PHA 3 E I
f'R 0 POSED Off S/ TE DRA/NAGE EASEMENT
N50'16 '2OmW 20.00' .SUA D/ V/.WON 1
AREA= 135.2.2 3.~ / " - . I 60FNDASY
sv/ -. JI Ls
p?
APN 216-1 11-03
"'2'. P. { :"") -I ;-" i.3 :... {..J i ... ....e 4%, 'y/ 1 9!-
q SCI -/4/
'b\,
" Js/
PLAT TO ILLUSTRATE
kd& * d-2-89 DRAINAGE EASEMENT
DALiEA. mv/s L,S 383G
PROJEGT NAME':
@ PR 3.2.28
EXHlB PROJECT NO.
bRAIINACE BAOEMtlfdX 16FF61Tg)
CT 85-35 PHASE I UNIT E AVIARA rn P&D Technologies 401 West 'A" Streel Suite 2h San Dim. CA 9ZlOl 619-232-4466