HomeMy WebLinkAboutPR 3.4.135; DAVIDSON COSCAN PARTNERS; 1993-0526333; Easement",\
, . 4. RECORDING REQU .TED BY
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* AND WHEN RECORDED 9 AIL TO
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treet Address 1200 Carlsbad Village Drive 5# DIEGO f.g$#Y WECnRDEfi'S QFfICE
ity & Carlsbad, CA 92008 21 17 g- : &OO FEES: 26.00 :ate
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MAIL TAX STATEMENTS TO
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SPACE ABOVE THIS LINE FOR RECORDERS USE
PARTNERSHIP GRANT DEED PR 3.4.135
OF EASEMENT APN " 215-621-11
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,
Davidson Coscan Partners,
a general partnership organized under the laws of the state of California 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 2 pages,
attached hereto and made a part hereof. Exhibit "B consisting of 1 page is attached
for clarity only.
Davidson Coscan Partners, A California General Partnership
DATED 9- !U - 92
(@ /~"--~~----'
TATE OF CALIFORNIA
By: The Davidson Company, a California Corporation, its General Partner
BY LZ (Signature)
Name George W. Walker, I1
(Type or Print)
Title Vice President
(Type or Print)
By+-" &,f@"
(Signatu&
COUNTY OF Name Xvs)r? e. #oman ' (Type or PJ&>
'Title J&,f&&p-L,j
STATE OF CALlFORNl
U COUNTY OF blLf5 &QAJ ) S.S. r:i 18 k A
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1 et&k+we) to be the person(s) whose name(s) idare subscribed to the ' within instrument and acknowledged to me that befskehhey executed
the same in hisfkerltheir authorized capacity(ies), and that by hkhwltheir
signature(s) on the instrument the person(s), or the entity upon behalf
. of which the persori(s) acted, executed the instrument.
WITNESS my hand and official seal
r FOR NOTARY SEAL OR STAMP
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2119 Sheet 1 of 2
91-1031
EXHIBIT "A"
STREET DEDICATION
CRESSA COURT
PARCEL 35
BEING A PORTION OF PARCEL NO. 35 OF PARCEL MAP NO. 16541, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED JULY 11, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY CORNER OF SAID PARCEL NO.
35, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF
CRESSA COURT AS SHOWN ON SAID PARCEL MAP NO. 16541, SAID POINT ALSO
BEING ON A 472.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THE CENTER
OF SAID CURVE BEARS NORTH 19" 00' 18" WEST FROM SAID POINT; THENCE ,
NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND SAID CURVE THROUGH
A CENTRAL ANGLE OF 4" 10 I 46" AND AN ARC LENGTH OF 34.43 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A TANGENT 90.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE CENTER OF SAID CURVE
BEARS NORTH 23" 11' 0411 WEST FROM SAID TANGENT POINT; THENCE,
LEAVING SAID NORTHERLY RIGHT OF WAY LINE, NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 25" 59' 06" AND AN ARC LENGTH OF
40.82 FEET; THENCE SOUTH 24" 23' 16" EAST, 1.96 FEET, TO A POINT ON
THE NORTHERLY RIGHT OF WAY LINE OF SAID CRESSA COURT, SAID RIGHT OF
WAY LINE BEING A 90.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE THROUGH
A CENTRAL ANGLE OF 22" 16' 54" AND AN ARC LENGTH OF 35.00
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Sheet 2 of 2
FEET TO A POINT ON A TANGENT 472 .OO FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, THE CENTER OF SAID CURVE BEARS NORTH 23 O 50 I 36"
WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE
THROUGH A CENTRAL ANGLE OF 0" 39' 32" AND ARC LENGTH OF 5.43 FEET
TO THE TRUE POINT OF BEGINNING.
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fD/CAT/oR/ Om54!5EMENTFOR STRE€7- P#RB!&S
ECT NAME: ' . PROJECT NO. EXHIBIT
PR341/35 "B *'
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 8/10/92 , from Davidson Coscan Partners
to the City of Carlsbad, California, a political corporation and/or governmental agency, is
hereby a.ccepted 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: August 2, 1993
r, I
ALETHA L. RAUTENKRANZ, city Clerd
,,.+'..~. I m 2134 RC # 1993-0526336
12-AUG-1993 02=12 Pm
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, CA 92008
1 1 1 1 1 1
ANNETTE EVANS 9 COUNTY RECORDER RF: 14.00 FEES: C\F : 23.00
1
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE
MF: 1.00
38.00
\.
I Space above this line for Recorder's use.
SUBORDINATION AGREEMENT
., .-$'. (TRUST' DEED HOLDERS)
BENEFICIARY - FIRST, INTERSTATE BANK OF CALIFORNIA
APN NO'S: 215-621-118 i? 215-621-128 215-621-13
K ," '\ ' I ..
5% NOTICE: THIS SUBORDINATION AGREEMENT
RESULTS IN YOUR 'SECURITY INTEREST
IN THE PROPERTY BECOMING SUBJECT TO
AN EASEMENT 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, maae this J/ day of '7 $6 14 a"/ 19B by
Davidson Coscan Partners, a' California General Partnership,
hereinafter referred to as "Owner,Il owner of the land and First
Interstate Bank of California, a California Corporation,
hereinafter referred to as ttBeneficiaryll; present owner and holder
'._ 11.'
of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Davidson Coscan Partners, a California
General Partnership, did execute a deed of trust, dated June 30,
1989, to Ticor Title Insurance Company of California, a California
Corporation, as trustee, covering in part, Parcels 35,,36 and 37
of Parcel Map 16541, in the City of Carlsbad, County of San Diego,
. State of California, filed in the office of the County Recorder of
San Diego County on July 11, 1991, to secure a note in the sum of
Six Million Three Hundred Eleven Thousand Two Hundred Fifty
Dollars ($6,311,250) dated June 30, 1989, in favor of Aviara Land
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ll AGREEMENTSVd+24.FRW -1- REV 09/29/92 1
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Associates Limited Partnership, a Delaware Limited Partnership,
recorda in the office of the County Recorder of Sari Diego County
on July 28, 1989, as File NO. 89-399358 of Official Records of
said county; and
WHEREAS, an assignment of the beneficial interest under said
deed of trust which named First Interstate Bank of California, a
California Corporation as assignee was recorded on July 28, 1989
as File NO. 89-399360 of Official Record8 of said County; and
WHEREAS, an agreement to modify the terms and prsvisions of
said deed of trust was recorded on September 28, 1989 as File No.
89-521768 of Official Records of said County; and
WHEREAS, Owner has executed, or is about to exacuta, as
grantor, grants of EASEMENTS dated August 10, 1992, in... favor of
the City of Carlsbad as grantee herein referred to as "Easement
Grantee," creating THE EASEMENTS more particularly described in
EXHIBITS "Aa and "Bn, attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTS
provided the grant of EASEMENTS 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' d"rA of trust above mentioned to the lien or. charge of the
EAS- created in favor of Easement Grantee; and'
WHEREAS, it is to the mutual benefit of the parties hereto
that Easement Grantee accept said EASEMENTS and Beneficiary is
willing that the grant of EASEMENTS shall, when recorded,
constitute a charge upon said land which is unconditionally Prior
ll .:t~S~-24.~ -2- REV 09/29/92
m 8
and supetrior to the lien or charge of the deed of trust above
..
mentionad .
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 EASEMENTS above referred to, it is hereby declared, under-
stood 'and agreed as follows:
1. , That said EASEMENTS in favor of Easement Grantee
shall unconditionally be and remain at all tiwa 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 aceept said
EASEMENTS above described without this Subordination agreement. .
3. That this agreement shall be the who18 and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the EASEMENTS 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 EASEMENTS hereinbefore specifically described, any prior
agrekt as to such subordination including, but not limited to,
those provisions, if any, contained in the deed of trust above
menti-, which provide for the subordination of. the lien 01:
charge thereof to another interest in the real Property therein
described.
Beneficiary declares, agrees and acknowledges that:
1. It consents to and approves the grant of EASEMENTS 11 in favor of the Easement Grantee.
7 ""S~#.Fm -3- REV 09/29/9;
b .8
2. It intentionally and unconditionally subordinates
the 1iUB Or charge Of the deed of trust above mentioned to the
EAS- in favor of Easement Grantee above referred to and
understands that in reliance upon, and in consideration of
subordination of the grant of EASEMENTS is being executed and
delivered, the EASEMENTS ARE 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 subordination: and
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-4- REU 09/29/92
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3. This Agreement represents an endorsement' to the
note -red 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 .s/ day of
**. 193-
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Beneficiary: DAG 1DSOd ci; 5 CA~U -?A kThETLx,
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STATE OF CALIFORNIA
w 2 COUNTY OF San Dieno } S.S.
i
4 Y On June 2, 1993 before me.
2 a Notary Public in and for said County and State, penonally appead
Diane L. EgglestOn Y
8 Jefin R. Moore and
g : pamnaPh"---------w St@ en P. Davlta . E evidence) to be the mwtwm neuare sutxxrim to the
o within instrument and ackmwWgad to me that -hey executed
thesarnein~r~~.amjthstby~mr
signature the instrument the m 01 the entity upon behalf
of which the person@acted, executed the instrument.
WITNESS my hand and officii sea!! /
Signature
F 24k (+el)
mRNQTARysEALoAsTAup.
/7 J 4Ietrrl-l - - <" - (title and organization of (title and organization of CC
signatory) signatory)
II " .. . . .--% -a __"_ L -a "--L-.I&I-~ L.*+ OENEFICIARY AND
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personally WrJe-d
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kant secretary
31: signs, the le secretary or g that officer
-..- - """" personally kMmn to me'(ePpma&
~tobe~~m~~su~tothe~i
instrument and acknowledged to me that he/she@executed the same in hidher/& authorized capecrty(ii),
and that by his/her@ signature(9) m the instrument the person@) or the entity upon behalf of which the
perso@acted, executed the instrum
REV w/29/92
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Sheet 1 of 5'
i 91-1031 ..
.. EXHIBIT "A"
STREET DEDICATION CRESSA COURT PARCEL 35
BEING A PORTION OF PARCEL NO. 35 OF PARCEL MAP NO. 1-6541, IN THE
CITY OF CARLSBAD, COUNTY OF SAN' DIEGO, STATE OF CALIFORNIA, ,
RECORDED JULY 11, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE 'SOUTHWESTERLY CORNER OF SAID PARCEL NO.
35, SAID POINT ALSO BEING ON THE NORTHERLY .RIGHT OF WAY LINE OF
CRESSA COURT AS SHOWN ON SAID PARCEL MAP NO. 16541, SAID POINT .ALSO
BBING ON A 472.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THE CENTER
.OF SAID CURVE BEARS NORTH 19' 00' 18" WEST FROM SAID POINT; THENCE
NORTHEASTERLY -ALONG SAID RIGHT OF WAY LINE AND SAID CURVE THROUGH
. A CENTRAL ANGLE OF' 4"' 10' 46" AND AN ARC,LENGTH OF 34.43 FEET TO
THE 'TRUE POINT OF BEGINNING, SAID POINT BEING ON A TANGENT 90 .oo'
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE -CENTER OF SAID' CURVE
BEARS NORTH 23O 11' 04" WEST FROM SAID TANGENT POINT; THENCE,
.. LEAVING SAID M0RT)IERLY RIGHT OF WAY 'LINE, NORTHERLY ALONG SAID ... CURVE ",A C .?__ LC ENTRAL ANGLE .OF 25' 59' 06"'AND'AN ARC LENGTH OF
40.82 FE)PPf'wB SOUTH 24' 23' 16" EAST, '1.96 FEET, TO A. POINT ON
. .Yn.s,2. .an. I,'?..
THE NORTHERLY RIGHT'OF WAY' LINE OF SAID CRESSA COURT, SAID 'RIGHT OF
' WAY LINE BEING A ' 90.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND .RIGHT OF WAY LINE THROUGH
'A CENT= 'ANGLE OF 22' 16' 54" AND AN ARC LENGTH OF 35.00
~~~~ ~ ~~
0 5 Sheet 2 of 5
FEET TO A #IIm ON A TANGENT 472 00 FOOT RADIUS CURVE CONCAVE
NORTHWESTmI THE CENTER OF SAID CURVE BEARS NORTH 23 O 50 ' 36 'I
WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE
THROUGH A CENTRAL ANGLE OF 0' 39' 32" AND ARC LENGTH OF 5.43 FEET
TO THE TRUE POINT OF BEGINNING.
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Sheet 3 of 5
91-1031 EXHIBIT "A"
STREET DEDICATION CRESSA COURT PARCEL 36
BEING A PORTION OF PARCEL NO. 36 OF PARCEL MAP NO. 16541, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED JULY 11, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT 'A POINT ON THE .SOUTHWESTERLY CORNER OF SAID PARCEL NO.
36, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF
CRESSA COURT AS SHOWN ON SAID PARCEL MAP NO. 16541, SAID POINT ,ALSO
BEING ON A 90.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE
CENTER OF SAID CURVE BEARS NORTH 46 O 07 ' 30 " WEST; "HENCE NORTH 24 O
23' 16" WEST, 1.96 FEET ALONG THE WESTERLY PARCEL LINE OF SAID LOT
NO. 36 TO A POINT ON A 90.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, THE CENTER OF SAID CURVE BEARS NORTH 49O 10' 10"
WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 13' 40' 20" AND AN ARC LENGTH OF 21.48 FEET; THENCE, TANGENT TO
SAID CURVE, NORTH 27O 09' 30" EAST, 26.31 FEET, TO A POINT ON A
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34' 51'
12" AND AN ARC LENGTH OF 29.20 FEET TO THE EASTERLY LINE OF SAID
PARCEL NO. 36; THENCE ALONG SAID PARCEL LINE SOUTH 18O 55' 27"
EAST, 0.18 FEET TO A POINT ON THE RIGHT OF WAY LINE OF CRESSA
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Sheet 4 of 5
COURT, SAIS,.mINT BEING ON A 48.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERSF, THE CENTER OF SAID CURVE BWS SOUTH 34' 00' 01"
EAST FROM SAID POINT; THENCE SOUTHWESTERLY ALONG SAID CURVE AND
' RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 28' 50'. 29" AND AN ARC
LENGTH OF 24.16 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY
LINE, TANGENT TO SAID CURVE, SOUTH 27' 09' 30" WEST, 27.07 FEET TO
A POINT ON A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE CONTINUING' ALONG SAID CURVE AND RIGHT OF WAY LINE,
SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 16' 43' 00" AND AN ARC
LENGTH OF 26.26 FEET TO THE TRUE POINT OF BEGINNING.
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EXHIBIT "A" '
91-1031
STREET DEDICATION
CRESSA COURT PARCEL 37
BEING A PORTION OF PARCEL NO. 37 OF PARCEL MAP NO. 16541, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED JULY 11 , 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY CORNER OF SAID PARCEL NO.
37, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF
C: 3SA COURT AS SHOWN ON SAID PARCEL MAP NO. 16541, SAID POINT ALSO
BEING ON A 48.00. FOOT RADIUS CURVE CONCAVE WESTERLY, THE CENTER OF
SAID CURVE BEAFlS SOUTH 34O 00 ' 01" EAST; THENCE ALONG THE WESTERLY
PARCEL LINE OF SAID PARCEL NO. 37, NORTH 18O 55' 27" WEST, 0.18
FEET, TO A POINT ON A 48.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THE CENTER OF SAID CURVE BEARS SOUTH 27' 59 ' 18"
EAST FROM SAID POINT; THENCE NORTHEASTERLY ALONG S2UD CURVE THROUGH
A CENTRAL ANGLE OF lo 58' 26" AND AN ARC LENGTH OF 1.65 .FEET TO A
POINT OF A NON-TANGENT 48.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, THE CENTER OF SAID CURVE BEARS SOUTH 31O 59' 08"
E&T FROM - ... POINT, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT
-,
OF WAY LIN~:&~ CRESSA COURT; THENCE SOUTHWESTERLY ~ONG SAID CURVE
AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 2' 00 ' 53" AND AN
ARC LENGTH OF 1.69 FEET TO THE TRUE POINT OF BEGINNING. \
0.145 SF
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