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Home My WebLink AboutPR 3.3.17; Aviara Land Associates, LP; 1991-0337970; Easementx I -3. RECORDING REQU '"ED BY -;. ** .L 'ANDIWHEN RECORDED w MAIL TO D I r Name City Clerk Stmt Address 1200 Carlsbad Village Drive 1 235 isi ' City of Carlsbad y& ,"q cy~y ~~DR~~ERTS q-rI;;r 'ILL3 g :!.!?I I f,;L LC!- 1.C ##iETTE E!J#jS 9 CgUfjT'r: REC!;gBEg FEET;: j-; t"!. r'li -! j City & Carlsbad, CA 92008 State L 1 EL: MAIL IAX SIAl- Name r 1 6 Street Address EXEMPT ;4 City & pd State $ ('C L _I SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GRANT DEED PR 33.17 d s\ OF EASEMENT APN 216-150-18 The undersigned grantor(s) declare(s): a&' 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: (x)City of Carlsbad s and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership a partnership 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: for an easement for access road, slope and drainage slrwtures purposes as described in Exhibit "A consisting of ( page, attached hereto and made a part hereof. Exhilit "B consisting of one page is attached for clarity only. DATED May 8, 1991 Aviara Land Associates Limited Partnership, a Delaware Limi Partnership, who acquire title as Pacific Rim Land Associates, Lim Partnership, a Delaware Limited Partnership as Owner anc optionee, per document Recorded July 28, 1989, as File No 89-399357 of O.F. By: Aviara Lan pany, a Delaware Corporation, By: I,& - .. General artner D.$. Clew vice President $Q 91' ., By: @ 1;; Ted L. Hoover, Assist. Secrehry Republic De elo ent Company, A California Corporat era1 artner By: J3.L. Clemens, ice President By: JJL, * &w\, Ted L. Hoover. Assist. Secretarv .I STATE OF CALIFORNIA ~"J-u.i.T~-.y. oi; on See attached before me, (here insert name and title of the officer), personally appeared , personally known to me ( proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the wil instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persor acted, executed the instrument. WITNESS my hand and official seal. - Signature- (Seal) - - ".~ MAIL THIS STATEMENT AS DZKECTED ABOVE * , A. .. 0 23 !9 STATE OF CALIFORNIA COUNTY OF San Diego I I ss. I On June 7. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me qywed+&-me-& ?e to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me - A- Ms y GV~~CIXE 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. WITNESS my hand and official seal. I.""- "I c - - f ASzh oFnclru~~ LL/a l 2 - B&brc./t 1 LUClA A CTDWYER NOTARY PUBLIC (Seal) 1 wT" I pww(rpIsoRICEIII wwooooullv mcrrwl.~~#,loor STATE OF CALIFORNIA COUNTY OF San Diego I I ss: I On June 7. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, persmally known to me eqxxwedtnmphe 4 to be the person who executed the wthm instrument as the Vice President, and Ted L. Hoover, personally known to me ~~~~+I.rnis k 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. (Seal) 1M&& 0" i9&i.C& NOTARY PUBLIC .e 0 235e 159-20 6/5/91 PR 3-3-17 APN 216-150-18 EXHIBIT "A LEGAL DESCRIPTION FOR EASEMENT PURPOSES TO THE CITY OF CARLSBAD Parcel 1 All that portion of Lot 2 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, with the following described boundary: Beginning at a point on the west line of Lot 2 in said Section 33, distant thereon South 00 O43'21" East, 788.21 ' from the northwest corner of said Lot 2, as shown on R.O.S. 10774, recorded in the office of the County Recorder of said County on October 30tI1, 1986, as File No. 86-494180, said point being the westerly terminus of the southerly sideline of an existing 20' wide right of way easement to the City of Carlsbad, recorded on March 11, 1976, as F/P No. 76-071622; Thence South 69O 15'21" East, 128.23' along the southerly sideline of said easement recorded as F/P No. 76-071622; Thence North OOO56'12" West, 10.76' to a point, said point being the easterly terminus of the centerline of said easement recorded as F/P No. 76-071622; Thence North OOO56'12" West, 10.76' to the TRUE POINT OF BEGINNING, said point also being the easterly terminus of the northerly line of said easement recorded as F/P No. 76- 071 622; Thence from said TRUE POINT OF BEGINNING North OOO56'12" West a distance of 25.00', Thence South 71 O03'48" West a distance of 24.50', Thence North 78O26'40" West a distance of 47.52', to a point on the northerly line of said easement recorded as F/P No. 76-071622, Thence along said northerly line South 69O 15'21" East a distance of 75.00', to the TRUE POINT OF BEGINNING of the boundary described. Said easement contains 576 square feet, more or less. - - Charles R. Spinks, RGf! No. 30894 Dated June 5, 1991 , . >7, I ’ *e 0 e51 . .\ I I GRAPHIC SCALE BASIS OF BEARING 50 \. THE WESTERLY LINE OF LOT 2, SEC 33, TlZS, R4W, S.B.M. AS SHOWN ON R.O.S. 10774, ( IN FEET ) I.E. N00’43’21”W SECTION 33 TI2S, R4W PROFESSIONAL ENGINEER NO. 30894 S.B.M. c- NW COR. LOT 2 1-1/4” PIPE AND TAG MARKED ” L.S. ’ 2201” PER R.O.S. 10774 i‘ CT 85-35 IC WESTERLY LINE I 1/ OF LOT 2 I EXIST. 20’ SEWER EASEMENT F/P NO. 76-071622 F EXIST. SEWER EASEMENT CT 89-19 TO THE CITY OF CARLSBAD 1: i TO THE CITY OF CARLSBAD F/P NO. 76-071621 REC’D. 3-1 1-76 REC’D. 3-1 1-76 2 I? I / %G f&Eg;3+=% ~ 71 ‘03’48” W N 78’26’40” W PARCEL 1 5 PROX. 576 SQ. FT.),I 0 . ..9 EXIST. 20’ SEWER EASEMENT TO THE CITY OF CARLSBAD F/P NO. 76-071622 REC’D. 3-1 1-76 N 60’49’19” E 2” x 24” 1.P. W/DISC MARKEI PER R. - “ r N 00’56’12” W al Oi 25.00’ b? s &’ * .c OS7” - REC’D. 5-1 0-77 I I 1 w *y 6”E;iST; 8’ MDE r\ W;g‘;;;TN:,S.”;::30 I, 6J I D ”L.S. 5292” O.S. 10774 2” C.I.P. MARKED ”AYRES” 1 ”_~ .” . . nrn n n CI 4n7-1~ rm K.u.~ IU//+ APN 21 6-1 50-1 8 I PROJECT NAME EXHIBIT PROJ. NO. NORTH BATIQUITOS PUMP STATION E.ASE: B PR 3.3.17 - DUDEK & ASSOC. 605 Third Street, Encinitas, CA 92024 1591 4ES1 6-6-91 ‘1” . c t!.f, ’%, i 1 1 I I DUDEH & ASSQC. 605 Third Street, Encinitas, CA 92024 15914Cll 5-15-91 * 1,. *. -7 0 RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 1 02359 1 Space above this line for Recorder's use. SUBORDINATION AGREEMENT Q@ 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 A.ND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 8th day of May 1991 by Aviara Land Associates Limited Partnership, a Delaware Limited Partnership hereinafter referred to as 1'Owner,1' owner of the land and First Interstate Bank of California, hereinafter referred to as 'IBeneficiary1': present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California as trustee, covering portions of Sections 22, 26, 27, 28, 33 and Section 34 all in Township 12 South, Range 4 West, San Bernardino Meridian, to secure a note in the sum of one hundred twenty-five million 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 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated May 8, 1991 I AGREEMENTSVG-24. FRH -1- REV 4/90 WITH APPROVED AMENDMENT 1. .. ,I o~~~~ in favor of the City of Carlsbad as grantee herein referred to as lvEasement 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. 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 AGREEHENTSVG-24. FRU -2- REV 4/90 WITH APPROVED AMENDMENT ,, '7 . .,* ' !I 0 e 2361 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, 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. He consents to and approved the grant of Easement in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates 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, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the waiver, relinquishment and subordination: and I I I i 3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said AGREMENTSVG-24.FRH -3- REV 4/90 UITH APPROVED AMENDMENT C. .. ,. - 0 e 2362 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 8th day of May I 1991. BENEFICIARY: OWNER: Aviara Land Associates Limited Partnership, A Delaware Limited First Interstate Bank of Partnership, formerly Pacific Partnership, A Delaware Limited Partnership (Name of Owner) California Rim Land Associates Limited nd Company, a ation, A General D.L. memhs, (tiele and organization of signatory) yice President 74). w x. By: cq&yc L"/ d& ??& LL Ted L. Hoover, By : ( s igdhere ) Assist. Secretary /d*&&c: y B/2E.-e-S LE E. A 5 s/s 7'8 0.7 .SL-cLk Tfp2 (print name gere) (title and organization of signat Vice President By : 9 4L. )?+ 'Ted L. Hoover, Assist. Secretary (Proper notarial acknowledgement of execution by BENEFICIARY 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: City Attorney VINCENT F. BIONDO, JR. By : $d"Q Deputy City kttorney AGREEHENTSUG-24.FRn -4- REV 4/90 WITH APPROVED AMENDMENT 0' 0 a, - c c- L" m ._ L 29 iiE 9g STATE OF CALIFORNIA COUNTY OF-. I iss. 2 3 6 3 i On my 7, 1991 ~, before me, the undersigned, a Notary Public in and for - mq Dress1er , personally known to me -e said State, personally appeared Mark D- men and hio "; s-~ be the persons who executed the within instrument as VlIX-President and &*an+ Secretary, on behalf of -3 mu : 5 the corporation therein named, and acknowledged to me that I by-laws or a resolution of its board of directors. G ? 'D Cy 0 c ('j ,". .*, / WITNE~~my,,Il_and,.and~officiaI seal. / ' ./" / //&&/,~ .'e' ./ Signature A' r\ .~ v, I 'UI~L JCh. $1 Ace --wlrsn L. ~TU;;J-~L NOTARY PUBLIC.CA~IFRJH/;IR PRlHrlPAi ni~!~? ltsi .4! 4 f a ! i .. *L e 0 2354 STATE OF CALIFORNIA COUNTY OF San Diego I I ss. I On May 8. 1991 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 me h - 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. WITNESS my hand and official seal. IUc& a. m f ‘JGG NOTARY PUBLIC (Seal) STATE OF CALIFORNIA COUNTY OF San Diego I I ss: On May 8. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me - 3 to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me h -to 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. (Seal) LxiG b. mugiz/ NOTARY PUBLIC- ( . .. a .- , 0 2365 e 159-20 6/5/91 PR 3-3-1 7 APN 21 6-1 50-1 8 EXHIBIT "A LEGAL DESCRIPTION FOR EASEMENT PURPOSES TO THE CITY OF CARLSBAD Parcel 1 All that portion of Lot 2 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, with the following described boundary: Beginning at a point on the west line of Lot 2 in said Section 33, distant thereon South OOO43'21" East, 788.21' from the northwest corner of said Lot 2, as shown on R.O.S. 10774, recorded in the office of the County Recorder of said County on October 30th, 1986, as File No. 86-494180, said point being the westerly terminus of the southerly sideline of an existing 20' wide right of way easement to the City of Carlsbad, recorded on March 11, 1976, as F/P No. 76-071622; Thence South 69O 15'21" East, 128.23' along the southerly sideline of said easement recorded as F/P No. 76-071622; Thence North OOO56'12" West, 10.76' to a point, said point being the easterly terminus of the centerline of said easement recorded as F/P No. 76-071622; Thence North 00°56'12" West, 10.76' to the TRUE POINT OF BEGINNING, said point also being the easterly terminus of the northerly line of said easement recorded as F/P No. 76- 071 622; Thence from said TRUE POINT OF BEGINNING North 00 O56'12" West a distance of 25.00', Thence South 71 O03'48" West a distance of 24.50', Thence North 78 O 26'40" West a distance of 47.52', to a point on the northerly line of said easement recorded as F/P No. 76-071 622, Thence along said northerly line South 69 O 15'21" East a distance of 75.00', to the TRUE POINT OF BEGINNING of the boundary described. Said easement contains 576 square feet, more or less. Charles R. Spinks, RM No. 30894 Dated June 5,1991 4 .+- I, *. * .-h 66 I* GRAPHIC SCALE BASIS OF BEARING 0 THE WESTERLY LINE OF LOT 2, SEC 33, TlZS, R4W, S.B.M. AS SHOWN ON R.O.S. 10774, I.E. N00’43’21”W ( IN FEET ) CH= 50 FT 6h/? 1 SECTION 33 I CHARLES R. 6PINKS DATE TI ZS, R4\N PROFESSIONAL ENGINEER NO. 30894 S.B.M. f- NW COR. LOT 2 1 -1/4” PIPE AND TAG MARKED ” L.S. 2201 ” PER R.O.S. 10774 WESTERLY LINE CT 85-35 EXIST. SEWER EASEMENT TO THE CITY OF CARLSBAD EXIST. 20’ SEWER EASEMENT F/P NO. 76-071622 TO THE CITY OF CARLSBAD REC’D. 3-11-76 F/P NO. 76-071621 REC’D. 3-1 1-76 PER F/P NO. 77-177430 REC’D. 5-1 0-77 EXIST. 20’ SEWER EASEMENT TO THE CITY OF CARLSBAD F/P NO. 76-071622 REC’D. 3-1 1-76 2” x 24” I.P. W/DISC MARKED ”L.S. 5292” PER R.O.S. 10774 2” C.I.P. MARKED ”AYRES” PER R.0.S 10774 APN 216-150-18 PROJECT NAME: EXHIBIT PROJ. NO. NORTH BATIQUITOS PUMP STATION EASE. B PR 3.3.17 7DUiEX & ASSOC. 605 Third Street, Encinitas, CA 92024 15914ES1 6-6-91 * 2w ! CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the grant deed or easement, dated May 8, 1991 , from to the City of Carlsbad, California, a political Aviara Land Associates, Ltd. Partnership 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 therecf by its duly authorized officer. ALETHA L. RAU~EN DATED: July 5, 1991 e e Losag+, ,' &/G/p/ I