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HomeMy WebLinkAboutPR 3.4.112; JOLLY, HENRY R. & KATHLEEN G.; 1991-0337965; Easement9, % , RECORDING REQU TED BY 6 APJD wLHEN RECORDED MAIL TO ~~w~~~~~~~~ i"-~?iJp~ @!lPZZF &p Name r- , C2J Gk?rkk &;c e "I Streef Address 1200 Carlsbad Village Drive City & Carlsbad, CA 92008 State City of Carlsbad 21338 L 1 MAIL TAX STATEMENTS TO r- Name 1 afirij PAL' pI&O n @&T'I RE[gW$ER'Z fiFft-'iC?- 3/#jETTE E&/#, Cgg1"I?" RECgRgER CfF? 2 + i-d rj,& gc afirij PAL' pI&O n @&T'I RE[gW$ER'Z fiFft-'iC?- 3/#jETTE E&/#, Cgg1"I?" RECgRgER CfF? 2 + i-d rj,& gc Street Address EXEMPT City ti State L 1 1; 01 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED PR 3.4.112 OF EASEMENT APN 156-142-08 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, Henry R. Jolly and Kathleen G. Jolly Q@ hereby GRANT to 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 street purposes as described in Exhibit "A" consisting of 1 page, attached hereto and made a part hereof. Exhibit "B consisting of 1 page is attached for clarity only. DATED 3- I(- '14 STATE OF CALIFORNIA COUNTY OF San Dieso By G gdT Henry R. Jolly BY H-H" Kathleen G. Jolly BY H-H" Kathleen G. Jolly On March I I 1 991 before me, P .Tnnrrhlwtn. Not- Public (here insc name and title of the officer), personally appeasm R JolTy & Kathleen G, ,pctkQ&ll~H~WM (0. proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) k/are subscribed to the with instrument and acknowledged to me that W&e/they executed the same in Bk#m-/their authorized capacity(ies), a that by hidhadtheir signature(s) on the instrument ti:z I:-erson(s), the person(! acted, executed the instrument. WITNESS my hand and official seal. Signature .A& (Seal) r fJ - MAIL THIS STATEMENT A§ DIRECTED AB0 69 > 3' I >, e *J37 EXHIBIT "A" All that portion of Lot 4 of Wilsonia Tract, according to map thereof No. 2169, filed in the Office of the County Recorder of San Diego County, August 13, 1929, being within the City of Carlsbad, County of San Diego, State of California, being described as follows: Beginning at the Easterly most corner of said Lot 4: thence along . the Northeasterly line of said Lot 4, North 34"33'OOtt West, 217.36 feet; thence leavir,g said line, South 55°27tC0tt West, 156.50 feet, to the Northeasterly corner of land described in deed to Henry R. Jolly, Recorded: May 11, 1967 as file page No, 66189, of Official Records: thence along the Northeasterly boundary of said Jolly's land, South 34"33t00tt East, 220.59 feet, to an intersection with the Northerly line of Buena Vista Avenue (Formerly: Bailey Street), being the TRUE POINT OF BEGINNING; thence Southwesterly along said Northerly line, South 54"16t00tt West, 100.02 feet, to the Southwesterly most corner of said Jollyts land; thence along the Westerly line of said land, North 34"33 tOOtt West, 10.00 feet, to an intersection with a line being parallel and 10.00 foot Northerly of the Northerly line of said Buena Vista Avenue: thence Northeasterly along said parallel line, North 54"16'OOtt East, 100.02 feet, to an intersection with the above described Jolly's Easterly line: thence Southerly along said Easterly line, South 34"33'OOtt East, 10.00 feet, to the TRUE POINT OF BEGINNING. (a:legal,sb) WfY- * f " 11 4 0 0 2338 EXHl BIT I B' "- 6J Z SW CORNER, JOLLY (AND rmand A. Maroi No. L.S. 5941 PROJECT NO. EXUl6l7 JOLLY STREET EASEMENT 6 PR. 3.4. 112 I ._ 5 ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECORDING R l! UESTED BY AND 1 * 2339 WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, CA 92008 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 *3 day of April 1991 by Henry R. Jolly and Kathleen G. Jolly hereinafter referred to as ltOwner,tl owner of the land and Bank of America National Trust and Savings, hereinafter referred to as "Beneficiaryf1; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Henry R. Jolly and Kathleen G. Jolly did execute a deed of trust, dated January 12, 1991, to Continental Auxiliary Company as trustee, covering all that portion of Lot 4, Wilsonia Tract in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2169, filed in the off ice of the County Recorder of San Diego County, August 13 , 1929, described as follows: Beginning at the most Easterly corner of said Lot 4; thence along the Northeasterly line of said Lot 4; North 34 degrees 33 minutes West, a distance of 217.36 feet to a point; thence South 55 degrees 27 minutes West, a distance of 156.50 feet to the true point of beginning, thence continuing South 55 degrees 27 minutes West 100 feet; thence South 34 degrees 33 minutes East 222.66 feet, more or less, to a point in the Northwesterly line of Bailey Street, thence North 54 degrees 16 minutes East along said Northwesterly line 100.02 feet to a point; thence North 34 degrees 33 minutes West 220.59 AGREEHENTSMG-24.FRH -1- REV 4/90 '. . 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 2348 feet, more or less, to the true polnt of beginning, to secure a note in the sum of seventy five thousand dollars ($75, 000) dated January 12, 1991, in favor of Bank of America National Trust and Savings recorded in the office of the County Recorder of San Diego County on January 17, 1991, as File No. 91-0025428 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated March 11, 1991, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in EXHIBIT A 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 AGREEMENTSUG-24.FRM -2- REV 4/90 . .., .* 9 0 2342 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, 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 i I above referred to and understands that in reliance upon, and in AGREEHENTSVG-24.FRH -3- REV 4/90 I/ *. . .. 1 .. e e 2342 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 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// AGREMENTSUG-24.FRM -4- REV 4/90 CORPORATE ACKNOWLEDGMENT 2344 State of California County of SACRAMENTO On this ~ day of 23rd APRIL , in the year 199 1 , before me, undersigned Sacramento -, - a Notary Public in and for the County, personally appeared B - TYRRELL State of California County of SACRAMENTO On this ~ day of 23rd APRIL , in the year 199 1 , before me, undersigned Sacramento -, - a Notary Public in and for the County, personally appeared B - TYRRELL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)who executed the within instrument as VICE PRESIDENT or (SEAL) on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. -.,.,.:.,,-.... .-_ ". ,. .- ~."~s...~*~&-&zx~- - n O'r'lGiAi SFJAL M. JCNG Nctary Bubiic-CoiRomla SASW&ENTO CWW My Cwnm. ZXP. Jan. 3f,1982 - p-169~ 10-86 (RePrlnt 12-88) CORPORATE ACKNOWLEDGMENT State of California County of a Notary Public in and for the SACRAMENTO On this ____ day of 23rd APRIL 1 ". SACRAMENTO , in theyear I yy I , before me, unaerslgnea -1 A. GUENTHER - County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)who executed the within instrument as VICE PRESIDENT or (SEAL) on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. y hand and official seal, p-169~ 1086 (Reprint 72-88) STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 26TH DAY OF APRIL, IN THE YEAR 1991, BEFORE ME, DENNIS M. GEORGE, A NOTARY PUBLLC IN AND FOR THE SAN DIEGO COUNTY, PERSONALLY APPEARED HENRY R. JOLLY & KATHLEEN G. JOLLY, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME IS SUBSCRIBED TO THIS INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED IT. L% Witness my and and cia Signature I, * -. .. % . .I t e 2343 3. An endorsement has been placed upon the note secured by the deed of trust above mentioned 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 23rd day of APRIL I 1991 . BENEFICIARY: OWNER: I1 BANK OF AMERICA N.T. & S.A. (Name of Beneficiary) (Name of Owner) RI( Q",-&fi s4,"q 6. & I 1 (sign hbre) i ll B. TYRRELL Henry R. Jolly (print name here) (print name here) VICE PRESIDENT (title wd organization of (title and organizaton of By : /./ ~~JJ4g/7-Jgy12J By : &a.&*,>w.' ,/ , ' sign"yp$ji[ /I;i signatory) fl .;;& n + e:, -7 -./ (sign here) (sign here) (7 ir "? b A. GUENTHER Kathleen G. Jolly (print name here) (print name here) (title and organization of (title and organization of signatory) signatory) (Proper notarial acknowledgement of execution by BENEFICIARY must be attached) VICE PRESIDENT 1 ' (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 Attorney By : x .! /kt+& Deputy Ciw Attorney AGREEMENTSUG-24.FRM -5- RRI 4/90 I1 .. .. 'b. v .. ,, e 0 2345 EXRIBXT 0rAgU (BUENA VISTA DRIVE, RIGHT-OF-WAY DEDICATION) All that portion of Lot 4 of Wilsonia Tract, according to map thereof No. 2169, filed in the Office of the County Recorder of San Diego County, August 13, 1929, being within the City of Carlsbad, County of San Diego, State of California, being described as follows: Beginning at the Easterly most corner of said Lot 4; thence along the Northeasterly line of said Lot 4, North 34"331001r West, 217.36 feet; thence leaving said line, South 55"27r00rt West, 156.50 feet, to the Northeasterly corner of land described in deed to Henry R. Jolly, Recorded: May 11, 1967 as file page No. 66189, of Official Records; thence along the Northeasterly boundary of said Jollyls land, South 34"33'OOt1 East, 220.59 feet, to an intersection with the Northerly line of Buena Vista Avenue (Formerly: Bailey Street), being the TRUE POINT OF BEGINNING; thence Southwesterly along said Northerly line, South 54"16'0OP' West, 100.02 feet, to the Southwesterly most corner of said Jolly's land; 'thence along the Westerly line of said land, North 34"33r001r West, 10.00 feet, to an intersection with a line being parallel and 10.00 foot Northerly of the Northerly line of said Buena Vista Avenue; thence Northeasterly along said parallel line, North 54°16r001r East, 100.02 feet, to an intersection with the above described Jollyts Easterly line; thence Southerly along said Easterly line, South 34"33'001! East, 10.00 feet, to the TRUE POINT OF BEGINNING. (a:legal.sb) v .. ~F ... . * ? 'a 2346 3. IN THE: CITY OF CkRISBAD, COW?" OF SAhl DIEGO,S~~~E #- CAL!FC)RNlA s.55"n'oo"w. 156.50: - -- SW CORNER, JOLLY UNO B 1 ! [EX';iBIT j I$"? F y S-j==Rl=r ; A/ , :r~J~aJ,Lg-!cJN "_ i ps. 3.43 -12 I 1 mlDJEcT 3\iQ- I "T r;irnjp 7"1 1 :J, %J ?, j- i 1 L..3 7,., i 1 ! 4 * \* 0 2347 * I, CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the grant deed or easement, dated March 11, 1991 , from bry R. JoIlv & Kathleen G. Jolly 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 graritee consents to the recordation thereof by its duly authorized officer. s 1. * ALETHA L. RAUTENKRANZ, City Cler DATED: July 3, 1991 0 i 0 ws*b+ + s-/c, /9 1 ,, , (.