HomeMy WebLinkAboutPR 3.4.100; Aviara Land Associates, LP; 1991-0414021; Easement?
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City 2% Carlsbad, CA 92008 State
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MAIL TAX STATEMENTS TO
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Street Address EXEMPT
City & State L .J
SPACE ABOVE THIS LINE FOR RECORDERS USE
PARTNERSHIP GRANT DEED PR 3.4.100
OF EASEMENT aw APN 215-592-10 and 215-612-09
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: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Aviara Land Associate Limited Partnership
a 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 street purposes as described in Exhibit "A" consisting of four pages, attached hereto and made a part hereof. Exhibit "B consisting of one page is attached for clarity only.
DATED March 4, 1991 Aviara Land Associates Limited Partnership, A Delaware Limited Partnership,
re Corporation,
Ted L. Hoover, Assist. Secretary
By: Republic Development Company,
A Californi rporation
era1 Partner x<[ I,\ BY- ,D.L. Clemen , ' & President
By: .!a/, 1- Ted L. Hoover, Assist. Secretary
C9UXTl' OF- / / here in , personally knew to me (
to be the person(s) wh se name(s) idare subscribed the wit executed the same n hishedtheir authorized cap city(ies), the person(s), or t e entity upon behalf of which he persor
Seal)
/ I I I I ( [ MIL THIS STATOlENT AS DIRE ED ABOVE t 1
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STATE OF CALIFORNIA
COUNTY OF San Diego
15 R
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 wymve&eae-=e le to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me b M 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.
(Seal)
he/& &e &&&YE6
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF San Diego
I
I I ss:
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 -the 4 to be the person who executed the within instrument as the
Vice President, and Ted L. Hoover, personally known to me ms v 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.
Lt&?m d. B (&lum/
NOTARY PUBLIC (Seal)
I, 0 l50*
300,11*SV LGL7
07/18/90 (RCA)
01/04/91 ("A)
EXHIBIT "AIf
LEGAL DESCRIPTION
EASEMENT FOR STREET PURPOSES
KINGFISHER PLACE
PARCEL 1
BEING A PORTION OF LOT 229 OF CITY OF CARLSBAD TRACT 85-35 PHASE
I - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 29,
1989 AS FILE NO. 89-346188 BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE CENTERLINE INTERSECTION OF BATIQUITOS DRIVE AND
KINGFISHER PLACE AS SHOWN AND DEDICATED ON MAP THEREOF NO. 12409,
AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON JUNE 29, 1989 AS FILE NO. 89-345850, THENCE NORTHERLY ALONG
THE CENTERLINE OF SAID KINGFISHER PLACE NORTH 04'32'00" EAST
201.34 FEET; THENCE LEAVING SAID CENTERLINE NORTH 85"28'001* WEST
30.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING
ON THE WESTERLY LINE OF THE RIGHT OF WAY OF SAID KINGFISHER PLACE
THENCE ALONG SAID RIGHT OF WAY SOUTH 04"32'00" WEST 145.05
FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS . CURVE
CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG SAID
WESTERLY RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 90'50'34" A DISTANCE OF 31.71 FEET TO A POINT ON THE ARC
OF A 634.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY AND ALSO
BEING ON THE NORTHERLY LINE OF THE RIGHT OF WAY OF SAID
BATIQUITOS DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH
05"22'34" EAST, THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF OO"14'27" A DISTANCE OF 2.66 FEET TO A
POINT OF CUSP, SAID POINT OF CUSP ALSO BEING THE BEGINNING OF A
20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO
SAID POINT OF CUSP BEARS SOUTH 05"08'0711 WEST; THENCE LEAVING
SAID RIGHT OF WAY OF SAID BATIQUITOS DRIVE EASTERLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
90°36'0711 A DISTANCE OF 31.63; THENCE TANGENT TO SAID CURVE NORTH
04°32'0011 EAST 38.67 FEET; THENCE NORTH 08°31t4611 WEST 14.03 FEET
TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 45'25'16" A DISTANCE OF 22.20 FEET TO THE
BEGINNING OF A NON-TANGENT 910.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 83'39'44" WEST,
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF Ol"20'44" A DISTANCE OF 21.37 FEET TO THE BEGINNING OF A
REVERSE 910.00 FOOT CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 82'19'00" EAST, THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03' 09'00" A DISTANCE OF
50.03 FEET TO THE TRUE POINT OF BEGINNING.
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5.
0 1503.
THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.0093 ACRE OF LAND,
MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION
IN CONFORMANCE WITH THE LAND SURVEYOR'S ACT IN JANUARY, 1991.
DALE kd&* A. DAVIS L.S. 5894
LICENSE EXPIRES 12-31-92
DATE /5-71
-2-
,~
.. 0 1504 0
300,11*SV LGL8
07/18/90 (RCA)
01/04/91 ("A)
EXHIBIT V1At1
LEGAL DESCRIPTION
EASEMENT FOR STREET PURPOSES KINGFISHER PLACE
PARCEL 2
BEING A PORTION OF LOT 4 AND LOT 10 OF CITY OF CARLSBAD TRACT
85-35 PHASE I - UNIT "A", IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12409,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
JUNE 29, 1989 AS FILE NO. 89-345850 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF BATIQUITOS DRIVE AND
KINGFISHER PLACE AS SHOWN AND DEDICATED ON SAID MAP NO. 12409, THENCE NORTHERLY ALONG THE CENTERLINE OF SAID KINGFISHER PLACE NORTH 04"32r0011 EAST 201.34 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 85"28t0011 EAST 30.00 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT ALSO BEING ON THE EASTERLY LINE OF THE RIGHT
OF WAY OF SAID KINGFISHER PLACE AND THE BEGINNING OF A
NON-TANGENT 910.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85°2810011 WEST; THENCE LEAVING
SAID RIGHT OF WAY SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01"56'1811 A DISTANCE OF 30.79 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 4, A RADIAL LINE
TO SAID POINT BEARS NORTH 87"24'18" WEST, THENCE CONTINUING SOUTHERLY ALONG THE ARC OF THE SAID CURVE THROUGH A CENTRAL
ANGLE OF Ol"12'42" A DISTANCE OF 19.24 FEET TO THE BEGINNING OF A REVERSE 910.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE
TO SAID POINT BEARS SOUTH 88"37'001' EAST, THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"09/00" A
DISTANCE OF 50.03 FEET; THENCE TANGENT TO SAID CURVE SOUTH
04"32'0011 WEST 36.33 FEET; THENCE SOUTH 17"16'0511 EAST 10.77 FEET; THENCE SOUTH 04 " 32/OO1l WEST 15.81 FEET TO THE BEGINNING OF
A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY,
A RADIAL LINE TO SAID POINT BEARS SOUTH 57"39'4811. WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 49"59'48" A DISTANCE 17.45 FEET TO A POINT OF CUSP, SAID POINT
ALSO BEING ON THE NORTHERLY LINE OF THE RIGHT OF WAY OF SAID BATIQUITOS DRIVE, A RADIAL LINE TO - SAID POINT BEARS SOUTH
07"40'0011 WEST; THENCE ALONG SAID RIGHT OF WAY NORTH 82"20'0011 WEST 2.75 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID KINGFISHER PLACE SAID POINT BEING THE BEGINNING OF A TANGENT
20.00 RADIUS CURVE CONCAVE NORTHEASTELY, THENCE WESTERLY AND
NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 86*52'00" A DISTANCE OF
30.32 FEET: THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 04"32'00" EAST 149.99 FEET TO THE TRUE POINT OF
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BEGINNING.
1505
THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.0091 ACRE OF LAND,
MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION
IN CONFORMANCE WITH THE LAND SURVEYOR'S ACT IN JANUARY 1991.
&HL DALE A. DAVIS L.S. 5894
LICENSE EXPIRES 12-31-92 DATE /-84/
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15Ub
SHEET I OF 1 SHEET
N17"16'05"W t0.77'
N04b32'00"E 15.0?'
" -
KINGFl5UER PLACE
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e 158
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real
property conveyed by the grant deed or easement,
dated March 4, 1991 , from
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 its duly authorized officer.
Aviara Land Associates
g&Y&,- ,THA L,~&JTE~J~F~NZ, City Cle 2 -
DATED: August 1, 1991
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RECORDING RE a! STED BY AND 1
1@8 , WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD
1200 Elm Avenue 1 Carlsbad, CA 92008 1
1 1
Space above this line for Recorder's use.
SUBORDINATION AGREEMENT W?
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 19- 91 by
I i Aviara Land Associates Limited Partnership, a Delaware Limited
Partnership hereinafter referred to as llOwner,ll owner of the land
and First Interstate Bank of California, a California Corporation,
I 1 hereinafter referred to as "Beneficiary"; present Owner and holder
' of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Aviara Land Associate Limited Partnership,
a Delaware Limited Partnership did execute a deed of trust, dated
December 23, 1988, to First Interstate Bank of California, a
California Corporation as trustee, covering a portion of Lots 4,
10, and 229 of City of Carlsbad Tract 85-35 Phase 1 Units A and D
in the City of Carlsbad County of San Diego, State of California
~ as descried in Exhibit A and shown on Exhibit B, to secure a note
in the sum of one hundred twenty five million ($125,000,000) dated
October 20, 1988, in favor of First Interstate Bank of California,
a California Corporation 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
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' AGREEUENTSUG-24. FRH -1- REV 4/90
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WHEREAS, a wner has executed, or is d509 about to execute, as
grantor, a grant of Easement dated March 4, 1991, 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 shown on Exhibit 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
AGREEnENTSVIG-24.FRn -2- REV 4/90
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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,
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
AGREEMENTSUG-24.FRH -3- REV 4/90
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3. Th 13 Agreement represents an P ndorsement 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 7th day of June I 19- 91 .
BENEFICIARY: OWNER:
Aviara Land Associates Limited First Interstate Bank of Partnership, A Delaware Limited California, a California COD. Partnership, formerly Pacific Rim Land Associates Limited Partnership, A Delaware Limited Partnership (Name of Owner)
By: Aviara Land Company, a Delaware CorgQration, A General N&C D. bNbLGN
V3ce QQ (print name here)
CI- -SizLK- es3b=.w D. L.
i (title and organization of signatory) pic,e #president /“
6d5-W // By : ) 4.J - /&.#”
~ By: ‘-7&72Gy ” Ted L. Hoover,
(sigghere) Assist. Secretary
/dh fv’ i. y & EE ss LE. e
&.5S.,jS -7- /1/ ’i” s-EcA?L74/ey A Gen ral Partner
By: Republi evelopment Co., ACali or iacorporation, (print name’ here)
<A*, (title and organization of signatory)
D.L. ens , Vice President
By : 14.)- /&Y“ $ed 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: VINCENT F. BIONDO, JR. City Attor ey
By : & “ Q//bL+-4
~
/ Deputy City torney With approved ammchent)
~
AGREEHENlSW-24.FRM -4- REV 4/90
e r(h
I STATE OF CALIF0 COUNTY OF I %%GE )ss. 1512
- 2 On June 10. 1991 ._ , before me, the undersigned, a Notary Public in and for I-
62 said State, personally appeared MARK D - WHALE% and
NANCY DRESSLER , personatly known to me (or proved to me on the ._ 0
a)
uz E.
L
c basis of satisfactory evidence) to be the persons who executed the within instrument as 2;. g
LE ___ President andASSISTANT Secretary, on behalf of VICE
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0,T om
I G F W
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FIRST INTERSTATE BANK OF CLIFOBKIB_,
the corporation therein named, and acknowledged to me that
~uchcorporationexecutedthewithininstrumentPUrSUanttOits
by-laws or a resolution of its board of directors."'"]
~ . - . . . . - . .
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STATE OF CALIFORNIA
COUNTY OF San Diego
0 1513 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 - ; to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me a+.rovp.d to me nn t-
-0 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.
(Seal)
&em- 4 * B&hyW
NOTARY PUBLIC
&em- 4 * B&hyW
NOTARY PUBLIC
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 - ; to be the person who executed the within instrument as the
Vice President, and Ted L. Hoover, personally known to me w tr: - v 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.
A!&?/& h- Bh/w NOTARY PUBLIC
(Seal)
0 e4T2-12 c2 t’ ,* .< ,
/ C/Z/ 9 /