HomeMy WebLinkAboutPR 3.2.53; Aviara Land Associates, LP; 1992-0270979; EasementPEGORDING REQUESTED BY
(' .> ~ +. AND WHEN RECORDED 8L TO ". .r 1
79 05-flfiy-p992 63"W PM
I l ame * ' City Clerk City of Carlsbad 1312 OFFICIAL RECORDS keet Address 1200 Carlsbad Village Drive SAN DIEGO COUHT'r" RECORDER'S OFFICE
ity & Carlsbad, CA 92008 FEES: 0. UB tate
ANHETTE EVANS? COUMTY RECORDER
I MA L 2
MAIL TAX STATEMENTS TO
r ame keet Address EXEMPT
1
ity & tate L .$' ~ F' __I
ii"
SPACE ABOVE THIS LINE FOR RECORDERS USE
PARTNERSHIP GRANT DEED PR 3.2.53
,,
OF EASEMENT /Q~ APN 215-612-13
I ..
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. ( ) Unincorporated area: (.)City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Aviara Land Associates Limited Partnership, a Delaware Limited Partnership
a limited partnership organized under the laws of the state of Delaware hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California:
for an easement for sewer purposes as described in Exhibit "A" consisting of one page,
attached hereto and made a part hereof. Exhibit "B" consisting of two pages is attached
for clarity only.
DATED 1/15/92 Aviara Land Associates Limited Partnership,
A Delaware Limited Partnership
@
:ATE OF CALIFORNIA )
>TuTNTi' CF SfiG DiEGG j
WneralQer
By: Aviara La C mpany, a Delaware Corporation, a' By' I [ - p R. L. Clehz6, 'v?e President
By:
'Ted L. Hoover,' Assist. Secretary
% Republic Development Company,
A CaliTornfirporation
Generffl Parther
By- j
-, - I D. L. Clenedi& President
By: g4.q L!. )i
Ted L. Hoover, Assist. Secretary
Signature
WAIL TiiiS STATEMENT AS DIRECTED ABOVE 3&? A &deJ
.'. ;
, .* . 0
.,_ c
r , STATE OF CALJFORNIA
COUNTY OF San Diego
0
I 1313 I ss. I
On January 15. 1992 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me eqweved-tmyie~&e 1 to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me e+pwved+mhMis
Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that
executed the within instrument on behalf 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.
evl- to be the person who executed the within instrument as the
WITNESS my hand and official seal.
hnrtG a. 8&yEe
NOTARY PUBLIC
(Seal)
STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss: I
On January 15.1992 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me "twae-Q~ to be the person who executed the within instrument as the
[Hoover, personally known to me -is to be the person who executed the within instrument as the
-epublic Development Company, a California corporation, the
corporation that executed the within instrument on behalf 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 and official seal.
(Seal)
he/& u . O&&?F~
NOTARY PUBLIC
.. 0 e 1314
PR.3.2.53
12/17/1991 (MA) (DA)
JN 10126.10
310,5;SV OS26NL
EXHIBIT "A1'
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO 16451 IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY ON APRIL 5, 1991, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT AN ANGLE POINT IN THE WESTERLY BOUNDARY OF SAID
PARCEL 7, .SAID POINT BEING THE NORTHERLY TERMINUS OF THAT
COURSE AS SHOWN AND DESCRIBED AS NORTH 17'45'00" WEST, 846.44
FEET; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 40 Q 43 I 12"
EAST 182.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID WESTERLY BOUNDARY SOUTH 08'15'01" WEST, 84.73
FEET; THENCE SOUTH 37"38'41tt WEST, 76.18 FEET; THENCE SOUTH
04 O 16 ' 09" EAST, 232.81 FEET TO A POINT ON THE NORTHERLY LINE
OF THAT CERTAIN SEWER EASEMENT IN FAVOR OF THE CITY OF
CARLSBAD PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY OCTOBER 4, 1991 AS
FILE/PAGE NO. 1991-0515296 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE SOUTH 88"41'19" EAST, 18.89 FEET TO
AN ANGLE POINT IN THE EASTERLY LINE OF SAID EXISTING SEWER
EASEMENT: THENCE ALONG SAID EASTERLY LINE SOUTH 12"20t00~1
EAST, 8.57 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH
04°16f0911 WEST, 235.47 FEET; THENCE NORTH 37'38'4lVt EAST,
73.76 FEET; THENCE NORTH 08°15~011t EAST, 121.41 FEET TO A
POINT ON SAID WESTERLY LINE OF SAID PARCEL 7; THENCE ALONG
SAID WESTERLY LINE SOUTH 40'43'12" WEST, 37.25 FEET TO THE
TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE LAND SURVEYORS
ACT AN DECEMBER 1991.
/2@/9-9/
DALE A. DAVIS v
L.S. 5894
LICENSE EXPIRATION DATE: 12-31-92
"
'. e €XHIBlT "23". 1315
1-
, SHEET I OF 2 SHEETS 'I
1
LEGAL D€SCR!P77OAt
NO. r6451
A POU77ON OF PARCEL 7 OF PARCEL MAP
BASIS OF BEARINGS 1 WE BASIS OF B€ARINGS FOR WIS MAP IS A
POR77ON Of 7M EASTERLY LINE OF SEC77ON
BERNAROINO MERIDIAN, AS SHOWN ON REmD
800' 0' 800' - 27, TOWS.IP 12 sounr, RANGE 4 ws7; SAN GRAPHIC SCME: l"r800'
w SUREY MAP NO. 10774, IL NOOVZ~Z~W
AREA OF DEDICA77WV
7HE AREA TO 0€ DEDICA ED IS 8165 SQ. f7:
OR 0.1871 AD?€ h A, p. N, t
1 2r5-6rz- 13 i
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SEE DETAIL
EXHIBIT "B" SHEET 2 OF
7Y2§ I R4W SAM,
DALE A. DAMS L.S. 5894
LIC Exf. DA E: r2-31-92
Pbo EwaoGyLs
SAN DIEGO, CALIFORNIA 921 or
(619) 232-4466 FAX 232-3022
>ROJ€CT NAME EXHIBI T FROECT NO. A MARA PHASE /I OFlrSlrit S€KR €AS€M€NT B PR3.253
P . .- '. €XHI6'7- '8'' 1316 'I
1 SHEET- 2 OF 2 SHEETS
I I I \/I S4 CIA- bd we11 IPI I *. c.- I I r- r- e% r- e% e- r- r-
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D I P ID II I# 1 I I I8 l.4A- II
10,- 8 I Ill a- .0 I -5
PAR.&L 7
P.M4 IS451
PARCEL 7 OF
P.M. mer -20' SEER EASEMENT TO ME
CITY OF CARLSBAD DEDICA ED
PmL s"Ec, 21 n!s R4W S4.BJM
INOICATES SEKR EAS€MEt
DEDICA ED HEU€ON.
EXSnNG SEKR EASEMENT TO WE CITY
of CAULSBAD PER DOCUMENT RECOUD€D DALE A. DAMS L.S. 5894 OC7: 4, 1991 AS F/P NO. 1981-0515296 O.R. umw EWIRA ON: 1z/3r/9 yj \ P# EmawB
SAN DI€GQ? CALIFORNIA 92101 0' 50' loo' l!
..
401 WEST "A a SREE~; sum 2500~.
(619) 23.-4466 FAX ~34-30~~ >
jROJECT NAME €XHIB/T PUO&CT NO.
A MARA PHASE I1 OFFsI7E SEER €AS€M€Nir ~~~2.53 B
*. e e 132 7
"e . c, CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 1/15/92 fi-om Aviara Land Associates Limited Partnership
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: April 9, 1992
Lk.LZLR. L -
ALETHA L. RAUTENKEWhZ, City CJerk
3' .-
". . ..
..
c
@ 1318
RECORDING REQ STED BY AND 1
) WHEN RECORDED MAIL TO: fjFFICfAi RECORDS 1 CITY OF CARLSBAD 1
1200 Carlsbad Village Drive ) FEES: 0.00 carlsbad, CA 92008 1 , .I
sf'lfi DIE60 COUNTY RECOR!IER'S OFFICE ANNETTE EVAHS 7 COUNTY RE@&&
.- .~ 1
Space above this line for Recorder's use, ti: , : .,.*,I I SUBORDINATION AGREEMENT
.~ “dl8
Recorder of S @ Diego County on December 0 23, 1988, as File No.
88-661636 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated January 15, 1992, in favor of
the City of Carlsbad as grantee herein referred to as “Easement
Grantee,” creating an Easement more particularly described in
Exhibits A & B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said Easement
AGREMENTSW-24.FWT -2- REV 10/8/91
.~ .. > 0 0 13:r,,o
.. .. a a .I 321
not be made or entered into but for said reliance upon the waiver,
relinquishment and subordination; and
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AGREEUENTS\AG-24.FRn -4- REV 10/8/91
h
I
I
~
e 1322
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 6th day of Februanr I 1992.
VINCENT F. BIONDO, JR.
9
Deputy City Attorney y*S*TL
AGREEHENTSUG-24.FRM -5- REV 10/8/91
,
''~ -.. * 0 e *
STATE OF CALIFORNTA
COUNTY OF San Diego
1 I ss. I
"24
On January 15. 1992 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me -he
cvluerrce to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me -is - to be the person who executed the within instrument as the
Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf 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.
1
WITNESS my hand and official seal.
(Seal)
Ir/Ac& d- 8 &&'=e NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss: I
On January 15.1992 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me -e 1 to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to m- nn tAe-baqs 20 be the person who executed the within instrument as the
Assistant Secretary of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf 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 and official seal.
LgL& d ' D&VfL NOTARY PUBLIC
(Seal) -.
." 0 e
PR.3.2.53 j32S
12/17/1991(MA) (DA)
310,5;SV OS26NL
JN 10126.10
EXHIBIT llAII
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO 16451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY ON APRIL 5, 1991, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT AN ANGLE POINT IN THE WESTERLY BOUNDARY OF SAID
PARCEL 7, SAID POINT BEING THE NORTHERLY TERMINUS OF THAT
COURSE AS SHOWN AND DESCRIBED AS NORTH 17"45'00" WEST, 846.44
FEET : THENCE ALONG SAID WESTERLY BOUNDARY NORTH 40 O 43 ' 12"
EAST 182.19 FEET TO THE TRUE POINT OF BEGINNING: THENCE
LEAVING SAID WESTERLY BOUNDARY SOUTH 08"15'01" WEST, 84.73
FEET: THENCE SOUTH 37" 38'4111 WEST, 76.18 FEET: THENCE SOUTH
04"16'09'' EAST, 232.81 FEET TO A POINT ON THE NORTHERLY LINE
OF THAT CERTAIN SEWER EASEMENT IN FAVOR OF THE CITY OF
CARLSBAD PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY OCTOBER 4, 1991 AS
FILE/PAGE NO. 1991-0515296 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE SOUTH 88O41'19" EAST, 18.89 FEET TO
AN ANGLE POINT IN THE EASTERLY LINE OF SAID EXISTING SEWER
EASEMENT : THENCE ALONG SAID EASTERLY LINE SOUTH 12 " 20 8 0Ot1
EAST, 8.57 FEET: THENCE LEAVING SAID EASTERLY LINE NORTH
04°16'0911 WEST, 235.47 FEET: THENCE NORTH 37"38'4l1l EAST,
73.76 FEET; THENCE NORTH 08"15'01" EAST, 121.41 FEET TO A
POINT ON SAID WESTERLY LINE OF 'SAID PARCEL 7: THENCE ALONG
SAID WESTERLY LINE SOUTH 40 O 43 ' 12" WEST, 37.25 FEET TO THE
TRUE POINT OF BEGINNING.
THIS Ll3GAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE LAND SURVEYORS
ACT ;FN DECEMBER 1991.
J /f-/99/
DALE A. DAVIT v
L.S. 5894
LICENSE EXPIRATION DATE: 12-31-92
"
.. .
! 4D €XHIBIT %"a
' SHEET I OF 2 SHEEE 1326 '1
I*
LEGAL D€SCRIPnON
A POR77ON OF PARC€L 7 OF PARCEL MAP NO. 76457 1 BASIS OF BEARINGS
27, rowsw 12 SOUTH, RANGE 4 ~s7; SAN GRAPHIC SCALE 1"-800'
GF SUREY MAP NO. 10774, I.E ~00~2'22~~
AREA OF DEDICAnON
THE BASIS OF BEARINGS FOR WlS MAP IS A 800'
POR77ON Of THE EASERL Y LINE OF SEC77Off - 800'
BERNARDINO MERIDIAN, AS SHOW ON /?€CORD
THE AREA TO 6€ DEDICA ED IS 8765 SQ. FZ
OR 0.7874 ACRE
A, p, N,
275-672- 73
SEE DETAIL
SHEET 2 OF
EXHI61 T "6"
-----------
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DALE' A. DAMS L.S. 5894 LIC E.F. DA E 72-37-92 fl 401 PhD WEST EwaoGxEs "A- SREE~;
SAN DIEGO, CALIFORNIA 92101
pr9) z~z-4466 FAX z3z-30~~
3ROJECT NAME ZXHBIT PROJZCT NO.
A MARA PHASE I.. 0FFSI.E SEKR EASEMENT PR3.2.53 B
-
. x- *, €XHl0lT P9 1327 4
I' SHEET 2 OF 2 SHEETS
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L- I0 I 4 I ,\T 8 I Ill
PARC%L 7
7HE WESERLY PJ/M 1845J BOUNDARY OF
PARCEL 7 OF P.M. 16451 - 20' SEKR EASEMENT TO ME
CIN OF CARLSBAD DEDICATED
PQRJ SEEJ 21
Tir" R4W SJBJfM
u INDICA ES SEWER EASEMEA
D€DICA ED H€R€ON.
CMShNG SEWER €ASEMENT TO 7HE CITY 9F CARLSBAD PER DOCUM€NT RECORD€D DALE A. DAMS 1.S 5894 xx 4, 1991 AS FP NO. rggr-05m96 O.R. LIcENs EXPIRA no^ r2/3r/g.
MD 4or WEST 3- sm,g sum zsoo50,
\ 2 Pa0 Ewam€s
SAN DIEGO, CALIFORNIA m01 0' 50' 1 00' 15
(619) 232-4466 FAX 234-3022 ~
QOJECT NAME
/I MARA PHASE I1 OF;Fs/TE S€ER €AS€M€NT
EXHI01 T PROJECT NO.
p~-f 7 -5-7 R