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HomeMy WebLinkAboutPR 3.4.135; DAVIDSON COSCAN PARTNERS; 1993-0526334; Easement3 . '. ' RECORDING REQUE * AND WHEN RECORDED MAIL TO t;i WD BY ;> : .%3 ~L-&U&-E9~3 .e- Q2n 12 pR I;.ikL #&b$:,!% r- ' 6," cL.ec(c 1 me eet Address 1200 Carlsbad Village Drive PJH D@ig cggIJ'iy RECgRDEWiS GFFScE ite City of Carlsbad 3 0~~7.q- . =cnqr,v ##dEliE Efi$j#S 'I CQUjjYY REE@j[]Eg Y& Carlsbad, CA 92008 RF 2 8. $0 FEES: 2Qs@ L 2 gg : 11.80 MA pii : 1, gr) MAIL TAX STATEMENTS TO r me eet Address EXEMPT 1 Y& ite i 3 SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GRANT DEED PR 3.4.135 OF EASEMENT g4f APN 2l.UM.U 21Fi21-77, 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 ofCarlsbad , 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 p2p, attached hereto and made a part hereof. Exhibit "B" consisting of 1 page is attached for clarity only. Davidson Coscan Partners, A California General Partnershir DATED S-jO-9Z ST By: The Davidson Company, a California Corporation, its General Partner BY Lz (Signature) Name George - W. Walker, I1 (Type or Print) Title-. Vice President "+q- & ;?% Print) Name Lvnn ea MQWQ~~ Q3U?4'Sr.Y OF ' (Type or PJ~~L) l'it le- Jgfeftrd + z W I w :: 4 2 2 k 9 3 x U. 0 UI- 0 E L' 0 STATE OF CA COUNTY OF evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that I?eL&e/they executed the same in hisfkerltheir authorized capacity(ies), and that by.Msher/their 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 zlz 4 FOR NOTARY SEAL OR STAMP ..-. . NOTArll Fil8l&~oRNLli ! SANDlEGomM 1; ri 0 2125 0 Sheet 1 of 2 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 1 3 0'' WEST ; THENCE NORTH 24 ., 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 49" 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 27 ' 09 ' 30" EAST, 26.31 FEET, TO A POINT ON A TANGENT 48.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE NORTHEASTERLY 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 18' 55 1 27" EAST, 0.18 FEET TO A POINT ON THE RIGHT OF WAY LINE OF CRESSA Y 0 0 2126 Sheet 2 of 2 COURT, SAID POINT BEING ON A 48.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE CENTER OF SAID CURVE BEARS SOUTH 34" 00' 0111 EAST FROM SAID POINT; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 28 O 50 I 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 O 43 1 00" AND AN ARC LENGTH OF 26.26 FEET TO THE TRUE POINT OF BEGINNING. 169.690 SF &dflW /6 & /SSL George@IDay R.C.E. 32014 Date d/ -? a e . \* 2127 /ND/ar&s R€COPU Am4 INO/CHT&5 AZW 72J E /NO/C%?EO ARE77 74 BE OED/fMT€O c! @5A% €=#/X LOT LIME tT/X RfGW-OF-WAY PUOm€O U&WT-~F"W ( j PER RM Nd. fG5W D.. WfdTEO. 0. d//AC.. , . (3i3AI' COfl5iL7Aiv725 7220 AY&M/,! ~C/NA~ ZiE m, 8/%s&Zdq PA? 92009 A~Ofle-4 /d& /-? $Z L/3- 931- 7700 S?ii€€7- PURrn5ES IJECT N&ME: 9ED/cAno5 Of &Sf!iY&N7=FU! PROJECT NO. EXHIBIT P3341/35 "6 ,, I I .9/-/!, 3/ t e 2128 * I I' CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 8 / 10 / 92 from Davidson Coscan Partners to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly authorized officer. DATED: August 2, 1993 ALETHA L. RAUTENKRANZ, City Cldk - X __,_ ,__.__ _"""_,. .. ... ____..-..._.- """ "" , - - ----..--. "I... , ._. " . -,._<_""" . .. . - __..._. ____. . ~ .".-I- . ... . .- ' .. __ I. i " **. -1 I I,, * 21134 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY' OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 1 1 1 '. 1 1 1 @C # 1993-0526336 12-AUG-15'93 02~12 PI'; OFFICIAL RECORDS SAN DIEGO COUEITY RECORDER'S OFFICE ANNETTE 'EVANS 9 COUNTY RECUROER RF: . 14.00 FEES: OF: 23.00 MF: I. 00 38. ( ) Space above this line for Recorder's use. deed of THAT . Partne o Ticor trust hereinafter, described; ., _. . .. ,+, :,. b,: ' '. I .. _. ..$' ., ; . . , .. . . . :::. ,:'::'; .! ~WJ-TNESSETH , % '. . ., , . .; ., ,. , . . I, ,. ,. . . ' . ,- , :;' .:::.- ..~ . ., .. . . .>, '." WHEREAS, Davidson Coscan Partners rship, did execute a deed of trust, Title Insurance Company of Californi , a Cal dated J a, a Cal ifornit une 30 iforni< .. I Corporation, as trustee, covering in part, Parcels 35; 36 and 3 of Parcel Map 16541, in the City of Carlsbad, County of San Diego , State of California, filed in the office of the County Recorder o San Diego County on July 11, 1991, to secure a note in the sum o Six Million Three Hundred Eleven Thousand Two Hundred Fift Dollars ($6,311,250) dated June 30, 1989, in.favor of Aviara Lan ~ 11 AGREEHENTSMG-Z4.'FRH -1- f. i 0 0 Associates Limited Partnership, a Delaware Limited Partnership, record& 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 Records of said County; and i WHEREAS, an agreement to modify the terms and provisions of said deed of trust-was recorded on September 28, 1989 as File'No. 89-521768 of Official'Records of said County; and WHXREAS, Owner has executed, or is about to amcute, as grantor, grants of EASEMENTS dated August 10, 1992, h... favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating THE EASEMENTS more particularly described in EXHIBITS "Aa and "B*, 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 cb.6 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 "TSW-24.m - 2 " REV 09/29/92 1 I. I e e and 8UpriOr to the lien or charge of the deed of trust above mentionid. -8 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 ths 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 EASEMENTS 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 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 agreemint as to such subordination including, but not limited to, =os= provisions, if any, contained in the deed of trust above mentianad, which provide for the subordination oe the lien or 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 in favor of the Easement Grantee. . ."-"a.Fm -3- REV 09/29/92 ., - W I '2. ' .lit intentionally and unconditionally subordinates the limn. or. charge of the deed of ,trust above mentioned to the wm 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 /// .. /// /// . ' .. /// /// /// /// .. /// /// /// /// /// . .. .. 1 .. i . /// ' ' /// /// /// /// /// .. .. :,'-'--"~~~&~ -4- REV 09/29/92 ~ ~~.~ ~ ~ ~~~ ~. .. 0 a 3. This Agreement represents an endorsement' to the note -red by the deed Of trust above mentioned and that said deed of tNSt has by this instrument been subordinated to. the charge of the Easement in favor of Easement Grantee above referred II to- Executed this & day of **, 193. q" Beneficiary: n4\; LDSOd u5 C4& T(\k7hl:TLx, STATE OF CALIFORNIA 33 b COUNTY OF Sam ] S.S. 53 x June 2, 1993 2 s On before me, Diane L. Eggleston D i Signature F 2492 (591) MRNQTARlswoRsrw~ 2 a Notary Public in and for said County and State, pemonally appeared % Jab R. Moore and E! * stephen P. mv1P 0 penonally km to me (or proved to me on the bads of satisfactory !Z w evidence) to bo the penon@whoae name@idare subscribed to the 0 within instrument and ackmwhdgd to me that-ey executed thesameinbYkrItheir~~,~that~~~r signature the instrumenl the psrsoa or the entity upon behail of which the perso&acted, executed the instrument. WITNESS my hand and offici "In fl '_""""_lf": ~LKyLEstow I sAlyoiMocouwTv w - m M 14.l986 x ll 31 J - (;lt"le aZ' o;g&sati& .OF (title and organization of cc signatory) signatory) II .- .* . . . "S - s ""_ L -a "".& t " L-- *ENEFICIARY AN il 0 2 I- .3 E " - LL (I) - ?! 9 E A i $! 5 - 1 STATE OF CALIFORNiA COUNTY OF. .tant secretar &*CC )ss. On IJIKJ I J! /?e 1 b&reme, /h&!fi 4' /&L * 33 signs, th le secretary o / personally appeared *hd c). /4/ki M/dL4> /WS/P& e g that office __.- - "" """ personalty known to me'- ~to~~pq@twjemm@is@su~~~~~~ instrument and adrno~ledged to me thad ~+xearted the same in his/her/@ authorized capscn~~. and that by his/her/@ .s@ature(s) on the instrument the person(s) or the entity upor, behan of Whi the pem@acted, executed the instrum R€v wm II ., 0 0 Sheet 1 of 5 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 CARISBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JULY I1 I 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 O 00 ' 18 I' 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 90.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY' THE CENTER OF SAID CURVE BEARS NORTH 23' 11' 04" WEST FROM SAID TANGENT POINT; THENCE, LEAVING SAID NORTHERLY RIGHT OF WAY LINE, NORTHERLY ALONG SAID .~ CURVE THRdA CENTRAL ANGLE OF 25' 59' 06" AND AN ARC LENGTH OF _, . -Jc . I -5 40.82 FEET; -B SOUTH 24' 23' 16" EAST, 1.96 FEET/ TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID CRESSA COURTI 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 .. 0 e Sheet 2 of 5 FEET TO A mm ON A TANGENT 472.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLre THE CENTER OF SAID CURVE BEARS NORTH 23 O 50 ' 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. 34.609 SF /A&&? /'9S R.C.E. 32014 - /Da+e L 1 ~ -. : : 2i " .._. .I e 0 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 8 IN THE CITY OF CARlLSBAD, 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 9s 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 46O 07 ' 30 ,, WEST; THENCE NORTH 24' 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 49' 10 ' 10" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 O 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 TANGENT 4 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG SAID CURVE THROUGH'A CENTRAL ANGLE OF 34O 51' 12" AND AN ARC LENGTH OF 29.20 FEET TO THE EASTERLY LINE OF SAID PARCEL NO. 36; mENCE ALONG SAID PARCEL LINE SOUTH 18' 55' 27" EAST, 0.18 FEET TO A POINT ON THE RIGHT OF WAY LINE OF CRESSA :- .- -. I. ' w 0 Sheet 4 of 5 COURT, SAIm.mINT BEING ON A 48.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTEmV, THE CENTER OF SAID CURVE BEARS SOUTH 34O 00 ' 01" EAST FROM SAID POINT; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 28O 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 O 43 ' 00 " AND AN ARC LENGTH OF 26.26 FEET TO THE TRUE POINT OF BEGINNING. 169.690 SF .. /6 Ju& /F9& R.C.E. 32014 L / Date i .;* A. .& --$I.&*.. - .A " - -. *. e 0 Sheet 5 of 5 EXHIBIT IlAn ' STREET DEDICATION CRESSA COURT PARCEL 37 91-1031 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 e SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF Cr SSA 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 BEARS SOUTH 340 00' 0119 EAST; THENCE ALONG THE WESTERLY PARCEL LINE OF SAID PARCEL NO. 37, NORTH 18' -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 O 59 ' 18 " EAST FROM SAID POINT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGR A CENTRAL ANGLE OF 1' 58' 26" AND AN ARC LENGTH OF 1.65 FEET TO A POINT OF A NON-TANGENT 48.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THZ CENTER OF SAID CURVE BEARS SOUTH 31° 59 ' 08 " EAST. FROM - POINT, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT .. . .* OF WAY LINE;-&- CRESSA COURT; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY LINE THROUGH' A CENTRAL ANGLE OF 2O 00' 53" AND AN ARC LENGTH OF 1.69 0.145 SF FEET To THE TRUE POINT OF BEGINNING. /d &/937*. R.C.E. 32014 Date FEET R. 'To - C.E. - THE - 32 TRUE 014 POINT OF BE( /d &/937*. Date 3 pJ - *. IC @ . IN- R€COPD a9m /"?3.AUUm & :N&am krn /'t a55 ( e). NRRM Nd: /i - m5Z con/M€ - - - EX/S' R/GX4F9M'' - Pm-8 U&#"-MY aw ewam,um rnO#VEN/@A C;;c/&tM JxE L mPKS@!! CA. 92009 649- 931- 7760 " " IJECT NAME: 7€D/CA7m! Uf EASEH6jvTFzIR PRH/35 "B n PROJECT NO. EXHIBIT "me" EU16dmrCC 1- - \Chopt. 1 Of !