HomeMy WebLinkAboutPR 3.4.164; CONTINENTAL RANCH, INC.; 1997-0410752; EasementFirst American Title ' "* ': ' -1 SUIIDIVISIO~~lAPPIN(;DEP m . .r
L RECORDING REQUESTED BY I AN^ WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Dr. Carlsbad, California 92008
1704
MAIL TAX STATEMENTS TO:
fl%-6 EXEMPT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $@
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale.
b- u
AUG 253 1987 4rH5 pH
i2FF:CIAi RECORLtS
$!#I DIEGO COllNTY RECOWDEB'S OFFICE
FEES :: is. GO rJc: WA
p, Jj7>ilibb,? I I z ie SMITH ? COUHTY $.!ECORDER
~ll~~~lllll~ll~ll~~~~~~~~~ll~lllllll~~~lll~
Space above this line for Recorder's Use
Assessor's Parcel No. 3.4.164
Project No. & Name 221-012-1 2
PD 41 1, RANCHO CARRILLO
/4 L Flw"C4j
CORPORATION GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
a corporation organized under the laws of the State of Delaware, hereby GRANTS to @
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public utility purposes over, under, upon and across the property described
in Exhibit "A consisting of one page, attached hereto and made a part hereof. Exhibit "B" consisting of two pages is attached for clarity only.
Continental Ranch, Inc., a Delaware Corporation,
m
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its X President and X .Saxe& thsreyto duly authorized. Vlce- SI en
DATED 3- I,-4iq CONTINENTAL RANCH, INC.,
STATE OF CALIFORNIA ) (Name of Company)
COUNTY OF SAN DIEGO ) BY b4fr & a Delaware Corporation, as owner
)
(Signature)
On /A& //, /F?7 before me, flUcwA. /%&K~'c,
' (here insert name and title of the officer),
personally appeared ~WiLPi .h,!&xmd @,k&h$?d/k.~,L
) to mse Title Vice President, Continental Ranch, Inc. v the within instrument and (T e or Pri
acknowledge to me that ty&qe@ executed the same By& u
in @/@r/ d h . authorized capacity@, and that b $/&r/t@i' signature(@ on the instrument the persod (Signature)
or the entity upon behalf of which the person@ acted, Name Christopher chambers
executed the instrument. ( I ype or Prmt)
mo4hi1@&fio Name David Lother
(Type or Print)
v& , personally known to me e
""
WITNESS my hand and official seal. Title President, Continental Ranch, Inc
Signature
N:\MASTERS\FORMS\CRPE Rev. OC. 14/95
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J-11994-G 1705
PR 3.4.1 64
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 Sari Bernardino
Meridian, in the City of Carlsbad, according to 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; thence
North 30'00'00" East along said Northerly line 63.1 9 feet to the beginning of a non-
tangent 21 37.00 foot radius curve concave Northeasterly to which a radial line bears
South 25'26'31 'I West; thence leaving said line Southeasterly along the arc of said
curve through a central angle of 07'56'29" a distance of 296.1 9 feet; thence South
72'29'58" East 150.00 feet to the beginning of a tangent 2463.00 foot radius curve
concave Southwesterly; thence Southeasterly along the arc of said curve through a
central angle of 07'42'37" a distance of 331.45 feet to a point on the Southeasterly
line of said Parcel 1 ; thence along said Southeasterly line the following courses: South
54'40'00" West 72.66 feet to the beginning of a non-tangent 2400.00 foot radius
curve concave Southwesterly to which a radial line bears North 24'21 '28" East;
thence Northwesterly along the arc of said curve through a central angle of 06'51 '26"
a distance of 287.23 feet; thence North 72'29'58" West 150.00 feet to the beginning
of a tangent 2200.00 foot radius curve concave Northeasterly; thence Northwesterly
along the arc of said curve through a central angle of 03'31 '30'' a distance of 135.35
feet; thence South 04'20'00" East 69.50 feet to the beginning of a non-tangent
2263.00 foot radius curve concave Northeasterly to which a radial line bears South
20'1 6'1 9" West; thence leaving said Southeasterly line Northwesterly along the arc
of said curve through a central angle of 73'31 '43" a distance of 2904.1 5 feet to a
point of reverse curve with a 170.00 foot radius curve concave Westerly, a radial line
to said point bears South 86'1 1'58" East; thence Northerly along the arc of said curve
through a central angle of 10' 17'1 3" a distance of 30.52 feet to a point of reverse
curve with a 30.00 foot radius curve concave Easterly, a radial line to said point bears
South 83'30'49" West; thence Northerly along the arc of said curve through a central
angle of 16'35'22" a distance of 8.69 feet to a point of reverse curve with a 20.00
foot radius curve concave Southwesterly, a radial line to said point bears South
79'53'49" East; thence Northwesterly along the arc of said curve through a central
angle of 75' 1 5'22" a
EXHIBIT "A"
Page 1 of 2
.L ~ f rn W
PR 3.4.1 64 2 706
PARCEL A CONTINUED
distance of 26.27 feet to a point of compound curve with a 25.00 foot radius curve
concave Southerly, a radial line to said point bears North 24"50'49" East; thence
Westerly along the arc of said curve through a central angle of 13"06'30" a distance
of 5.72 feet; thence North 02"38'00" West 0.22 feet to a point, said point being the
beginning of a non-tangent 21 37.00 foot radius curve concave Southwesterly to
which a radial line bears North 04'1 0'45" East said point also being a point on the
southerly Right-of-way of Palomar Airport road; thence along said Right-of-way line
Southeasterly along the arc of said curve through a central angle of 01 "42'1 6" a
distance of 63.57 feet to a point on said Northerly line of Parcel 1 ; thence leaving said
Right-of-way line and along said Northerly line South 02"38'00" East 308.62 feet to
the beginning of a tangent 2200.00 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle of 61 "47'39" a
distance of 2372.73 feet to the Point of Beginning.
Area is 229,371.7 square feet or 5.266 acres more or less.
A &4 / ,' A%#&./ ?-3%.97
@&*ram L.S. 5059
EXHIBIT "A"
Page 2 of 2
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sb20 Fr Iur Road,
Cal Ifotnla 82110-- ($la) 281-0707
'SCALE: 1.- 20041 DATE 4-30-83 L
PI? 3. 4. 164 Sa Dl.-.
PROIJECT NUMBER 1 1 8840
,.
tnn1t31 I 3Httl 2 Ut- i
THIS SHEET - - 2
DETAIL "A"
NO SCALE
FOR SE'C 18 712s R31Y
II
4,
FOR SEC I9
VOTE: EASEUENTS UMCH ARE LISTED IN THE PREL IUINARY TITLE REPORT, N 72'29 '58'U VHICH ARE NOT IN CONFLICT UITH THIS DEDICA TIION, ARE NOT SHOWN
"""d 72.66 '
1994-G *.
I
PLAT TO ILLUSTRATE LEGAL ' "GCOMFANY lESCR I PT I ON OF PUBLIC STREET 5820 Friar* Road*
4ND puBL I c UTILITY EASEMENT Col lfornio 92110-2596 (619) 291-0707
San Diago.
PR 3.4.164 PROJECT NUMBER 1 1994c
CPAI C. q m- rsnnall nAvrz A_~A".-+-,
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CERTIFICATION FOR ACCEPTANCE OF DEED 1 709
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 7 / 11 / 9 7 J from Continental Ranch, Inc. a Delaware Cormon
to the City of 'Carlsbad, XAifornia, 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 22, 1997
6
s" , c :>.% .I1 . 0 .<~.
< I/ RECORDEP REQUEST OF T .- , SUUDIVISION First American MAPPING Title DEFT.
?l 11 BY
RECORDING REQUESTED
(1 AND WHEN RECORDED I I1 MAILTO:
a
OFFICIAL RECORDS SAW CtIEGB LlOUWTY RECIIRDER'S OFFICE GREGORY 1. SMITH, COUNTY RECORDEg FEES: 0. 00
I
1710
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008 slllllll~~nllllnll~~~~~~~~lllllllllllllllll~ll~
!! ---12 Space above this line for Recorder's Use
'a, , $*? it .\ ,*. ~ _. I. . .-.,
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Assessor's Parcel No. 221 -01 2-1 2 Project No. & Name P PD 41 1, RANCHO CA-
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,/ SUBORDINATION AGREEMENT
iz L' (TRUST DEED HOLDERS)
(Qy ,_;,
i:
. '6 &" NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPER-
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.
THIS AGREEMENT, made thisxday of AudUSf 19% by Continental Ranch, Inc., a
Delaware Corporation, hereinafter referred to as "Owner," owner of the land and MLHM, Inc., a
California Corporation, 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 11/27/96
to First American Title Insurance Co., as trustee, covering (not shown), to secure a note in the
sum of $1,325,000 dated 11/27/96 in favor of MLHM, Inc. recorded in the office of the County
Recorder of San Diego County on 11-27-96 as File No. 1996-0602258 of Official Records of
said county; and @& rn By+
AgreementsWG-24.frm Rev. 6/26/95
t .. ;? 4 -. ..
I. ,I
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0 0 1711
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of1
EASEMENT dated 3-11- 99 , in favor of the City of Carlsbad as grantee herein referred to as
I "Easement Grantee," creating THE EASEMENT more particularly described in EXHIBITS A & 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 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
AgreementsWG-24.frm Rev. 6/26/95
I. ‘Y \ _. 1 . #.
L.
0 1712
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 granl
I
!
!
I
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 subordination.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
AgreementsWG-24.frm Rev. 6/26/95 I i
X', .. . ! '. . *-. *~. e W
1713
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 r-f% , I9 97 .
BENEFICIARY: OWNER:
MLHM, INC., a California Corporation CONTINENTAL RANCH, INC.
By: By: L 4.
'(sign here)
Is .&MAY David Lother (print name here) (print name here)
PresidentN .'I% lYfl&ie& Vice President. Continental Ranch. Inc. -
(title and organization of signatory)
(sign here)
Christopher Chambers
(print name here)
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
By:
I
~
AgreementsL4G-24.frm Rev. 6/26/95
; ._. ?* . ,/I, w
'*'
State of California )
1 County of San Diego )
1714
On &7,/997 before me, Nw A. AL7uc., lL'ok &ALL,
(Date) ' (Name, Title of Officer)
personally appeared &W;GL A. o&&u" LL-& chfl/Lo hph (Name[s] of Signer[s])
me .ypersonally known to me -OR - 0
/T\TIL Lais oi sv) to be the person@)whose nam@ H@ subscribed to the within instrument and acknowledged to me that $/SF@
executed the same in @/vr/@ authorized capacity@, and that by @/v@
signatura on the instrument the person@, or entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal
- WQ. TL P (This area for
Sidnature &Notary official notary seal)
AgreementsMG-24.frm
I
Rev. 6/26/95
. Yt .
5. w w
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State of New York )
1 county of- ) KT w 1715
On April 22,1997 before, me s v! C e,(. It/ Oe, Notary Public personally appeared
Bernard J. May and Anthony J. Lafaire personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal
, :.*+ . . W e
J-I 1994-G
1716
PR 3.4.1 64
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 Record of Survey 9 1 12 on fife 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; thence
North 30'00'00'' East along said Northerly line 63.19 feet to the beginning of a non-
tangent 21 37.00 foot radius curve concave Northeasterly to which a radial line bears
South 25'26'31 I' West; thence leaving said line Southeasterly along the arc of said
curve through a central angle of 07'56'29" a distance of 296.1 9 feet; thence South
72'29'58" East 150.00 feet to the beginning of a tangent 2463.00 foot radius curve
concave Southwesterly; thence Southeasterly along the arc of said curve through a
central angle of 07'42'37" a distance of 331.45 feet to a point on the Southeasterly
line of said Parcel 1 ; thence along said Southeasterly line the following courses: South
54'40'00" West 72.66 feet to the beginning of a non-tangent 2400.00 foot radius
curve concave Southwesterly to which a radial line bears North 24'21 '28" East;
thence Northwesterly along the arc of said curve through a central angle of 06'51 '26"
a distance of 287.23 feet; thence North 72'29'58'' West 150.00 feet to the beginning
of a tangent 2200.00 foot radius curve concave Northeasterly; thence Northwesterly
along the arc of said curve through a central angle of 03'31 '30" a distance of 135.35
feet; thence South 04'20'00" East 69.50 feet to the beginning of a non-tangent
2263.00 foot radius curve concave Northeasterly to which a radial line bears South
20'1 6'1 9" West; thence leaving said Southeasterly line Northwesterly along the arc
of said curve tnrough a central angle of 73"31'43" a distance of 2904.1 5 feet to a
point of reverse curve with a 170.00 foot radius curve concave Westerly, a radial line
to said point bears South 86'1 1'58" East; thence Northerly along the arc of said curve
through a central angle of 10'1 7'1 3" a distance of 30.52 feet to a point of reverse
curve with a 30.00 foot radius curve concave Easterly, a radial line to said point bears
South 83'30'49" West; thence Northerly along the arc of said curve through a central
angle of 16'35'22'' a distance of 8.69 feet to a point of reverse curve with a 20.00
foot radius curve concave Southwesterly, a radial line to said point bears South
79'53'49" East; thence Northwesterly along the arc of said curve through a central
angle of 75' 1 5'22" a
EXHIBIT "A"
Page 1 of 2
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PR 3.4.1 64 1717
PARCEL A CONTINUED
distance of 26.27 feet to a point of compound curve with a 25.00 foot radius curve
concave Southerly, a radial line to said point bears North 24'50'49'' East; thence
Westerly along the arc of said curve through a central angle of 13'06'30'' a distance
of 5.72 feet; thence North 02"38'00" West 0.22 feet to a point, said point being the
beginning of a non-tangent 2137.00 foot radius curve concave Southwesterly to
which a radial line bears North 04'1 0'45" East said point also being a point on the
southerly Right-of-way of Palomar Airport road; thence along said Right-of-way line
Southeasterly along the arc of said curve through a central angle of 01 "42'1 6" a
distance of 63.57 feet to a point on said Northerly line of Parcel 1; thence leaving said
Right-of-way line and along said Northerly line South 02'38'00" East 308.62 feet to
the beginning of a tangent 2200.00 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle of 61 '47'39" a
distance of 2372.73 feet to the Point of Beginning.
Area is 229,371.7 square feet or 5.266 acres more or less.
A &L /+?9*97
Coram L.S. 5059
EXHIBIT "A"
Page 2 of 2
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SCALE: 1'- 200'1 DATE 4-30-83
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NOTE: EASEUENTS nnm ARE LISTED IN THE PREL IUINARY TITLE REPORT, N 72'29 '58'K
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11994-6 + 4
PLAT TO ILLUSTRATE LEGAL ~~GCOMPAPIT DESCRIPTION OF PUBLIC STREET 5820 Frlor* Rood*
AND PUBLIC UTILITY EASEMENT CaIifornio 921110-999 (619) 291-0707
Son Dlago.
PR 3.4.164 PROdECT NUMBER 1 199.
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