HomeMy WebLinkAboutPR 3.4.163; CONTINENTAL RANCH, INC.; 1997-0161910; Easementd-: . ’ h. ,, 0
RECORDING REQUESTED BY I 09-BPR-1897 09=1& fin-
AND WHEN RECORDED, OFFICIAL kECORDS
PLEASE MAIL TO: SAM DTE6fl @I.jNTY RE[@[;ER’S @F%CE
City Clerk FEES: 0.08
City of Carlsbad HB
1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
GREGilRY %IT# 5 COUHTY RECD3BER
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO Project No. & Name 221-012-13
( ) computed on full value of property conveye PD 41 1, RANCHO CARRILLO
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale.
CORPORATION GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Continental Ranch, Inc., a Delaware Corporation,
a corporation organized under the laws of the State of Delaware, hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California:
an easement for public street and public utility purposes over, under, upon and across the property as
described in Exhibit “A consisting of one page, attached hereto and made a part hereof. Exhibit “B” consisting of two pages is attached for clarity only.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its Vice President thereunto duly authorized.
DATED ,)ANUAW 7, I997
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO ) )
&
On JWw q, /447 before me, dmcy A. N.G, N0f-W PUbb‘C, ’ (here insed name and title of the officer), personally appeared Dan/;& A. Lo* WI, ,A mp
b. . ) to mersoaw%
nm the ’thin instrument and acknowledge to me thatd&/t&$ executed the same in M/ty? e‘ authorized capacity@, and that b
Mgr/ & signatur@ on the instrument the persod or the entity upon behalf of which the perso@ acted, executed the instrument.
~wnbvto, personally known to me d tn me
Id”
WITNESS my hand -and official seal.
CONTINENTAL RANCH, INC.,
A Delaware Corporation, as owner
(Name of Company)
BY &”&&* (Signature)
Name David Lother
(Type or Print)
Title Vice President, Continental Ranch, Inc.
Name Christopher Chambers ( I ype or Print)
Title President, Continental Ranc
( I ype or Print) Inc
Signature wa. L 1- L
N:\MASTERS\FORMS\CRPEASE.FRM ~RJMb” Rev. 06/19/95
'. ?'. <. .. 0 0 796
J-I 1 994-G
PR 3.4.16'3
PARCEL A
Being a portion of Section 13, Township 12 South, Range 4 West, and portions of
Sections 18 and 19, Township 12 South, Range 3 West, all of the San Bernardino
Meridian, in the City of Carlsbad, according to the Record of Survey 91 1 2 on file in the
Office of the County Recorder of San Diego County, State of California, described as
follows:
Beginning at the most Southerly angle point in the Northerly line of Parcel 1 of the City
of Carlsbad Adjustment Plat No. 444, Certificate of Compliance recorded August 17,
1994 as File No. 1994-0497668 of Official Records of San Diego County, being a
point on the arc of a non-tangent 2200.00 foot radius curve concave Northeasterly to
which a radial line bears South 25'34'21 'I West; thence along said Northerly line the
following courses: Northwesterly along the arc of said curve through a central angle
of 61 "47'39" a distance of 2372.72 feet; thence North 02'38'00" West 308.62 feet
to a point on a non-tangent 21 37.00 foot radius curve concave Southerly, a radial line
to said point bears North 05'53'01 I' East said point also being a point on the
Southerly Right-of-way line of Palomar Airport Road; thence leaving said Northerly line
Easterly along said Right-of-way line and the arc of said curve through a central angle
of 03'1 5'28" a distance of 121.50 feet to a point of cusp with a 25.00 foot radius
curve concave Southeasterly to which a radial line bears North 09"08'29" East; thence
leaving said Right-of-way line Southwesterly along the arc of said curve through a
central angle of 94O35'38'' a distance of 41.27 feet to the beginning of a tangent
21 27.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc
of said curve through a central angle of 08'02'36" a distance of 298.60 feet to a
point of a reverse curve with a 250.00 foot radius curve concave Westerly, a radial
line to said point bears North 86'30'14" East; thence Southerly along the arc of said
curve through a central angle of 10' 12'36" a distance of 44.55 feet to a point of
reverse curve with a 250.00 foot radius curve concave Easterly, a radial line to said ' point bears North 83'1 7'10" West; thence Southerly along the arc of said curve
through a central angle of 12'54'07" a distance of 56.30 feet to a point of compound
curve with a 21 37.00 foot radius curve concave Northeasterly, a radial line to said
point bears South 83'48'43" West: thence Southeasterly along the arc of said curve
through a central angle of 58'22'1 3" a distance of 21 77.07 feet to a point on said
Northerly line of Parcel 1; thence South 30°00'00" West along said line 63.1 9 feet
to the Point of Beginning.
Area is 172,561.5 square feet of 3.961 acres more or less.
EXHIBIT "A"
Page 1 of 1
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1- &/B/T " B a 3 jR€€T 1 Of 2 SHE€T?
797
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221 - 012-08
221 - 012- I3
VKINITY AMP
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222-010- 02
NOVIJW€2t?509'
215 -031 - 04
ff5P87JWV#4&?5J4.-4.
215-030-09 I& f10Y,1Ma€&L071
COURS€ DATA
) AaS0/'WJU~/'L* 6338' @ ffBY50'4PE 44g 4U' @ ~'/9'/6!?2~f 68 69'
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) N60'47UYE 206ZV' d = 2/'W'oO'R=W'L*7ZO4' Af5'/0YSflN 17& 66'
) d =34"!~!6'R~YW'l4W2' a = ~t~mm"z~am~ NJPI~Y~~~~~OIJ
) NM*'O'WF NG3' Af69*/7V4W dmaY 7 N~B*~WT eozw
) A= 6!5"'~R=2#'L~28Z 24' 6=57'~~~U~-75~L=?S~#~ 38 d*5'3YMnR"l=59le/'
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3 NO003'WfIU32U' N49'5F5PF 494 91'
) fft?9'/0!32'W 238 31' ~ I fl/6'U/'3711E 54' 47' ) N68'33'29V 723 U2' N#a9Y8uH1fu'
) N83'50'40"E 3lW.38 3 NIfs05flV8nE5?323' k
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lxIm-EtNIG3NEBRIN;C;!m
S820 Frlur Rod.
San Diose.
C.1 Ifornlr 82110-m (ere) 281-0707 PR 3. 4 K.3 r PROdECT NUMBER I 1884Q
SCALE: se- 200'1 DATE 4-30-83
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, -1 . e EXHIBIT "6" SHEET 2 OF 2 '0
1 N 9'Oa'29*E(R) r------- 798
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...
MELRDSE DRIVE
II -
POR SEC la IlZS R31Y
"""
N 30'00'00'E
P.O.B. - \
NOTE: EASEMENTS HHICH ARE LISTED MOST SLY. COR. ' ,J 25'34 '21 'E(@- IN THE PREL IUINARY TITLE REPOE" ?T, NLY. LINE PARCEL 1 UHICH ARE NOT IN CONFLICT HI TH THIS DEDICATION, ARE NOT SHOW)! HEREON. 4.. m
1994-6 - . ._
PLAT TO ILLUSTRATE LEGAL IESCRIPTION OF PUBLIC STREET AND PUBLIC UTILITY EASEMENT PR 3.4.163
- - - -
A -
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POR SEC 19 71.2s R31y
- & DA rE
RICKEC(MF?!ANJ
5820 Fr fare Road,
Son Dlego.
Col ffornfo 92110-2596 (619) 291-0707
PROdECT NUMBER 11994
SCALE: 1.- 200'1 DATE 4-30-93
*'I +.
I
t \1 0 0
CERTIFICATION FOR ACCEPTANCE OF DEED 799
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 1 1 7 / 9 7 ,from Continental Ranch, Inc.
to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is
hereby accepted by the undersigned oKicer 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: April 4, 1997
- ALETHA L. RAUTENKRANZ, City Cpk
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8.
mC # 1977-0161911 09-APR-1997 09=16 AM
RECORDING REQUESTED
BY
AND WHEN RECORDED
MAIL TO:
c OFFICIAL RECORDS 8 0 0 SAN DIEGO COUNTY RECORDER'S OFFICE
f
,, . . ' $,? GREGORY SP1ITHg COUNTY RECORDER FEES: 0.00
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. 'W
Carlsbad, CA 92008 -9
Space above this line for Recorder's Use
Assessor's Parcel No. 221 -01 2-1 3 Project No. & Name Pk 3.4.163, PD 41 1, RANCHO CARKILLO
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS
TY 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.
IN YOUR SECURITY INTEREST IN THE PROPER-
THIS AGREEMENT, .made thishday of JIHrJU! 1997 by Continental Ranch, Inc., a
Delaware Corporation, hereinafter referred to as "Owner," owner of the land and Scripps Health,
a California Non-Profit Benefit Corp., hereinafter referred to as "Beneficiary"; present owner and
holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Continental Ranch, Inc., did execute a deed of trust, dated 9/24/96 to
First American Title Insurance Co., as trustee, covering (not shown), to secure a note in the sum
of $3,375,000 dated 9/24/96 in favor of Scripps Health, recorded in the office of the County
Recorder of San Diego County on 9/24/96 as File No. 1996-0485428 of Official Records of said
county; and
AgreementsL4G-24.frm Rev. 6/26/95
.L 0 0 801
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of
EASEMENT datedhww47, /w in favor of the City of Carlsbad as grantee herein referred to as
"Easement Grantee," creating THE EASEMENT more particularly described in EXHIBITS A & B
I 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 agreement with regard to
the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENT in
Agreementsb4G-24.frm Rev. 6/26/95
,1
.*
0 0 802
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 to, those provi-
sions, 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. They consent to and approve the grant of EASEMENTS in favor of the
Easement Grantee.
2. They intentionally and unconditionally subordinate 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 subordination of the grant
of EASEMENT is being executed and delivered, -the EASEMENT IS being created, and that
I
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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
AgreernentsblG-24.frrn Rev. 6/26/95
..
'. ..
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.I
0 e 803
3. This Agreement represents an endorsement 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 7& day of 7- , 19 97 .
BENEFICIARY: OWNER:
SCRIPPS HEALTH, a California Non- CONTINENTAL RANCH, INC.
By: & 4.k
(sign here) (sign here)
>PI drt;-* tf s e- 1- David Lother (print name here) (print name here)
PresidenWice President Vice President, Continental Ranch, Inc.
(title and organization of signatory) (title and organization of signatory)
By:
(sign here)
r'R)?=> 3- h\E?e-in~ Christopher Chambers
(brint name here) (print name here)
SecretaryIAsst. Secretary President, Continental Ranch, Inc.
(title and organization of signatory) (title and organization of signatory)
(Proper notarial acknowledgment of execution by APPLICANT 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:
RONALD R. BALL
City Attorney
AgreementsWG-24.frm Rev. 6/26/95
CAClFORNrA ALL-PURPO e ACKNOWLEDGMENT a 804
w
State of CIQLIFOR~~~A
County of Q4d PIGGO
On -36bJUAR.l 21, 1$97 beforeme, . WATSOnl ,
Date Name and Title of Officer (ea. 'Jane Doe. Notary Public")
I
I
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i
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I I 1 a
~~. . -. 4
personally appeared MA R 7Sd A USER PA/b Narne(s) ~A~HER/~IE' of Signer@) J. /o LEXXWD&&
pd personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(@ idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument. Fw5 A -is": ;!if-:= "9, W1TNFS.S mv hand and nfficial ceaI I3 I. , ,., .x., ...... "V .... ."..U -..- -...-.-. "". !I
d/.'+,:''. 3) Ccrnx. 01011293 3 (5, '. . . 'r-,NOTA-IY PU9LIC CALIFORNIA@ - /-I Z''(\.f , -? SRN ClEGO COUNTY 0 /i . 11.
u x2<:c; ~ Corm Explrss Aprll 26. 1998 + / -n " &y&*
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document: PU &okO/n/4 TJ Dd /'d Gf EEIM Ed 7
Document Date: .f- 7-9 7 Number of Pages: f'
Signer($ Other Than Named Above: &)A VID LO rH&/Q
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual E Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
I I Signer Is Representing: I I
YGR/f'fS //E& Tkf u
0 Individual
0 Corporate Officer
Title(@:
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee ~~
0 Guardian or Conservator
Other: px humb here I I I I I Signer Is Representing: -
"_ - """""""" " " - ~ - ~~
0 1994 National Notary Association * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184
~~~~
Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
I, : * 0 805
State of California )
1 County of San Diego 1
On JLLWU~ !,/%% before me, uucu A. #!E; /vdw Pu-hb~ ,
(Date) (Name, Title of Officer)
personally appeared >mi& A- LOW a/n& Wt0phgX-c
(Name[s] of Signer[s])
a- ./Wpersonally known to me -OR - Cl
Lo be the perso@whose nam@
4@ subscribed to the within instrument and acknowledged to me that+/pe@
executed the same in t$/hyr/@ authorized capacite and that by $/t#r/@
signature,@ on the instrument the perso@ or entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal %Mlc--ca9fonda
v Sfgnature df Notary L (This area for
official notary seal)
I I
AgreementsWG-24.frm Rev. 6/26/95
7
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I' a 0 806
J-11994-G
PR 3.4.1 63
PARCEL A
Being a portion of Section 13, Township I2 South, Range 4 West, and portions of
Sections 18 and 19, Township 12 South, Range 3 West, all of the San Bernardino
Meridian, in the City of Carlsbad, according to the Record of Survey 91 12 on file in the
Office of the County Recorder of San Diego County, State of California, described as
follows:
Beginning at the most Southerly angle point in the Northerly line of Parcel 1 of the City
of Carlsbad Adjustment Plat No. 444, Certificate of Compliance recorded August 17,
1994 as File No. 1994-0497668 of Official Records of San Diego County, being a
point on the arc of a non-tangent 2200.00 foot radius curve concave Northeasterly to
which a radial line bears South 25'34'21 " West; thence along said Northerly line the
following courses: Northwesterly along the arc of said curve through a central angle
of 61 "47'39" a distance of 2372.72 feet; thence North 02'38'00" West 308.62 feet
to a point on a non-tangent 21 37.00 foot radius curve concave Southerly, a radial line
to said point bears North 05"53'01 " East said point also being a point on the
Southerly Right-of-way line of Palomar Airport Road; thence leaving said Northerly line
Easterly along said Right-of-way line and the arc of said curve through a central angle
of 03'1 5'28" a distance of 121.50 feet to a point of cusp with a 25.00 foot radius
curve concave Southeasterly to which a radial line bears North 09'08'29" East; thence
leaving said Right-of-way line Southwesterly along the arc of said curve through a
central angle of 94"35'38" a distance of 41.27 feet to the beginning of a tangent
21 27.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc
of said curve through a central angle of 08'02'36'' a distance of 298.60 feet to a
point of a reverse curve with a 250.00 foot radius curve concave Westerly, a radial
line to said point bears North 86'30'1 4" East; thence Southerly along the arc of said
curve through a central angle of 10" 12'36" a distance of 44.55 feet to a point of
reverse curve with a 250.00 foot radius curve concave Easterly, a radial line to said
point bears North 83'1 7'1 0': West; thence Southerly along the arc of said curve
through a central angle of 12'54'07" a distance of 56.30 feet to a point of compound
curve with a 2137.00 foot radius curve concave Northeasterly, a radial line to said
point bears South 83"48'43" West; thence Southeasterly along the arc of said curve
through a central angle of 58'22'1 3" a distance of 21 77.07 feet to a point on said
Northerly line of Parcel 1 ; thence South 3O"OO'OO" West along said line 63.1 9 feet
to the Point of Beginning. - -
Area is 172,561.5 square feet of 3.961 acres more or less
@me, M. Coram L.S. 5059
EXHIBIT "A"
Page 1 of 1
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NOTE: EASEMENTS WHICH ARE LISTED IN THE PREL IUINARY TITLE REPORT, NLY. LINE WHICH ARE NOT IN CONFLICT HI TH PARCEL I THIS DEDICATION, ARE NOT SHOHt
'U
PLAT TO ILLUSTRATE LEGAL "mGC0"
ESCR I PT I ON OF PUBL I C STREET AND PUBLIC UTILITY EASEMENT
5820 Frlarr Road*
Son Dlago.
Col Ifornlo 92110-2596 (619) 291-0707
... PR 3.4.163 PR03ECT NUMBER 1 199. > SCALE: 1'1 200'1DATE 4-30-93
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COURS€ DATA
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) N60'47UYE 20620' A- 21'~'00'R=Z#7!L=7~04' N5@/OYSw /78 66' 9 d =34YY/6gR~9Wl~AWi?' d = /6?p9'25'R=2~Z=37W?' /Y36'/5'49n€@6!U/'
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r A= 6Y~'&5"R"2400'L* 28Z 24' ~~57fl@ZR=73lYf 875,QW' 38 d*539Q5nR"Ls59t?iV 9 N 7?29'5#vv f50 #I 4 as BZ"/B'WP~'~;OY=~I~ 4~ 8 ~744"34'r' %%!40' 9 0. J'31W'R=2200'1~/35.W d :2972t07'R*%#JL= 4H9/' 40 J&'?P'W''E fR) 8'87'
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5820 Frlur Rod,
Sa Dlomo.
C.1 Ifernla &?110-2SWl (618) 281-0707 PI? 3. 41 16.3 PROJECT NUMBER I I 884~
SCALE: 1-0 ZOO~~OATE 4-30-83