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Home My WebLink AboutPR 3.4.341; SAUTER, STEPHEN & SUSAN; 1999-0336326; Easement- c 1 1 fcp 3; L!! 4![ c;, f ,'i' I, ," 1 +?, *\ 9, \~ \ 0 -3Ep (I -E i! hi :-g iyi :yg - p$ -3 ";" $' = 2891 ;lJ CJ gd $8: p 7 -jf 7 - $2 J J k==J =~ g*ja-y 1s 9i -ey\lg 10 : 4 4 RECORDIN~RFQWESTED BY: 4 - " WHEN2&/ OFFICIAL E;p;gF,;fiS ED MAIL TO: ,'t'..!.f .rryr .mi) P WLI c' ";? r .,, ---i ah;; [ji;,>ll gubf{ 1 :f !;~~~~~& i 5 9;- f I$[- I-.:! Pp"V 7 C'q c - - a&dp%! i. ~ ,JI~T; ip cij'ji'{ REpz:DER Fp m . ."..Am og$a City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive MAIL TAX EXEMPT EXEMPT STATEMENTS TO: rlul~~lu~lu~~rliillll I99Y-0536326 i 12; Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDEI The undersigned grantor(s) declare(s): Assessor's Parcel No.: 206-12( Documentary transfer tax is $m ~%flpz Project No. & Name: PR 3.4.: ( ) computed on full value of property conveyed, or HARRISON STREET WIDENING ( ) computed on full value less value of liens and PD 495 ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. .. .. . GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stephen Sauter and Susan Sauter, husband and wife, as joint tenants hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State I California: an easement for public street and public utility easement purposes over, under, upon and across the real property as described in Exhibit "A consisting of one page, attached hereto and made a part hereof. Exhibit "B consisting of one page is attached for clarity only. DATEQ,-&i* ;$qf X &" /c' /4 9 Stephen Sauter and Susan S { husband and wife, as joint ter STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) On ~/.~~+p& e.fn JC; / ~~~~ before me, Name: Stephen Sau r, c'i *j &; ff p' fv' Wfi$+ & &;r (Type or Prir (here insert name andtitle of th , officer),' personally appeared \%DL personally known to me (or proved to m& on the basis of (Type or Prir be them whose e - v " \:' ,, ithin instrument and ackno By: -c*2.i <&ic r 's&;: (Signature: Name: Susan Sautc (Type or Prir ) By: 1 -" &qbIriJ .rSJ.,fiTU bhCEZ. Title: Joint Tenan WITNESS my hand and official seal. '%~ Title: Joint Tenar Signature: *;% .,,. .~...~~~~~~~~~~~.~~~..-~~..~.~-~~ or Prir ,, I. ." . . -. . ,.~. , ~ , ... r.: /..,?b,,7 ._",_ ,~., ! ,? HALi!;=..:'TC.:;' I_i ' . :: ,j *. '...,:,.I. C<?><';;.'I, $1 <7'':;:1.33 ;.a . . . I . "...*', '., .s ..I*I L,t9 . .)' ,I ....,I .c.,.i?$jyj ~..-l-~~..~., FL.b _,r3.,~i?.'ll.;'".:::'i..~~~.~:?, : I, : j ,I~. . .~. .1. ~.. , .. L. "ri, .,.-... .-.,...-., " I MASTERSIFORMSIGRANT DEED FORM i' ,~ , ;. , - -:i ,". _, 6 _,-0 -::..:~JL..~~, i:: tT$ ? ,., ~ *.,& .~-~ ...,. ;u;-i.r,-:-i-.:-..:.-~~~- -... ' :.-y--' .*,-*=. ."-.. '.. :? Li; c,.,, ,:,, i-,.:-,,,cs A;.,.! i: 2y.;: !REV. 11/031 , ..L ., .. ,.. - ~, .j % %" -. , d . * .> #5 De 0 2892 0 EXHIBIT 'IA" LEGAL DESCRIPTION PR 3. 4. 341 A]tL THAT PORTION OF TRACT XO. 238 OF THE THUM LANDS, IN THE CI OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORD1 TO MAP THEREOF NO, 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL f OF PARCEL Mi NO. 2484, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDXI MARCH 25, 1974; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEI SOUTH 6I02lfOQ" WEST 10.00 FEET; THENCE PARALLEL WITH THE CEN': LINE OF HARRISON STREET AS SHOWN ON SAID PARCEL MAP NO. 2484 SOUTH 28°39'Q0gv EAST 103.00 FEET; THENCE NORTH 61°21f00'8 EAST 10.00 FEET; THENCE NORTH 28°39f00" WEST 103.00 FEET TO THE PO: OF BEGINNING. CONTAINING 1,030 SQUARE FEET OR 0.0236 ACRES OF LAND MORE OR LESS a 0. 2593 E% MW 0 2 1999 ENGINEERING DEPARrnEMT LEGAL DESCRIPTION 0 ALL THAT PORTION OF TRACT NO. 238 OF THE THE EAST LINE OF PARCEL MA1 THUM LANDS, IN THE CITY OF CARLSBAD, NO. 2484, i.e. NORTH 61'21'0C ' COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, b . 289.4 BASlS @BEARINGS OF CARL: S7iiE€T f PR 3. 4. 341 DEDICATION PLAT - CITY OF CARLSBAD APPLICANT: SHT. 1 PREPARED BY: CJ & ASSOCIATES 211 Church Avenue, Suite B Chula Vista, Ca 'fornia 91910 (6 19)5853?078,,,, STEPHEN SAUTER JOHN L.S. 5456 MICHAEL JANUSZEWSKI ',,,' $\ i_; A.P.N. 'I 206-1 20 REG. EXP. DATE: 9-30-2000 / I " 1 - ,t i I .I /,I 0 0 NAR 0 2 1999 ENG\NE€RlNG DEPARTM€NT e e r / 2$3%5 l-3 L * CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dat December 10, 1998, from Stephen Sauter and Susan Sauter, husband and wife, as joint tenants, the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Coun of the City of Carlsbad, California pursuant to Ordinance No. NS-422, adopted on September I 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 3,1999 ,. '<* - .< -I . ** 0 - m-7. - 8 1:: zg-5 3 %=$g &.&ii _" .I e g. =i' !i, 4 n-ap" c" i"i,"""'" a jJ&J!& e &A 2 $ >f --$xi~:J 0 aw q y- La3 -.= a" "993 "!:]:: e fS I ' OFFI-g$, ;;p;@D$ RECORDING REQUESTED BY $#; fi~p-.? py 18 r:: r8-a :-TI-; WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 llllmll~~~~~~~l~ll~l~~lm~llml~ ill2 !J..i.ir! i x $:E,$&K. b @FIG G&&;y j" $jITWS C;ij!jp/ MEC$!gE$, &%qb i:'EFC * .. ,. n .". ,A li til L: Q1.j 1 g!JU-0:336327 I3 ,q)? I 1 ,I , I SPACE ABOVE THIS LINE FOR RECORDE I I -! q p ASSESSOR'S PARCEL NO. 206-120-2 PROJECT NO. & NAME: PR 3.4.34 HARRISON STREET WIDENING / /"-" .'.-.. / i$) \ (TRUST DEED HOLDERS) / rx r< \~%>\, i $ SUBORDINATION AGREEMENT I ! \\$ \ / / i i ;v f \ '\" y i, $ ,? I 1 1 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 is made this I.< day of 3p ~ cLtL4klldee"lz 19 Stephen Sauter and Susan Sauter, husband and wife, as Joint Tenants, owner of hereinafter described and hereinafter referred to as "Owner," and Fredric R. Ganoe a Ann Ganoe, as Trustees of the Ganoe Family Trust dated December 20, 1993, : undivided 50% interest and Bruce A. Ganoe and Carolyn A Ganoe, Trustees of tht Family Trust dated January 17, 1994, as to an undivided 50% interest, present ow holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary; WITNESSETH WHEREAS, Stephen Sauter and Susan Sauter, husband and wife, as Joint Ten execute a deed of trust, dated April 10, 1995 to First American Title Insurance Con California corporation as trustee, to secure a note in the sum of $128,900.00 dated 1995 in favor of Fredric R. Ganoe and Carol Ann Ganoe, as Trustees of the Gam Trust dated December 20, 1993, as to an undivided 50% interest and Bruce A. Ga I Masters/Forms/Subordlnatlon Agt Trust Deed Holders 1 Rev 12/24/ 33 ai .. *. , .' 0 259 7 0 Carolyn A Ganoe, Trustees of the Ganoe Family Trust dated January 17, 1994, i undivided 50% interest recorded in the office of the County Recorder of San Diego C April 18, 1998 as File No. 1995-01 59865 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a EASEMENT dated , in favor of the City of Carlsbad as grantee herein re as "Easement Grantee" creating AN EASEMENT more particularly described in EXHIE B attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided 1 of EASEMENT is a charge upon the above described property prior and superior to tt charge of the deed of trust above mentioned and provided that Beneficiary will specific unconditionally subordinate the lien or charge of the deed of trust above mentioned tc 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 accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT sh; recorded, constitute a charge upon said land which is unconditionally prior and superb lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to tht hereto and other valuable consideration, the receipt and sufficiency of which conside hereby acknowledged, and in order to induce Easement Grantee to accept said EA: above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT in favor of Easement Grantee shall unconc be and remain at all times a charge on the property therein described, prior and superic lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENl described without this subordination agreement. 3. That this agreement shall be the whole and only agreement wit1 to the subordination of the lien or charge of the deed of trust above mentionecl EASEMENT in favor of Easement Grantee above referred to and shall supersede and but only insofar as would affect the priority between the deed of trust and EAS hereinbefore specifically described, any prior agreement as to such subordination incluc not limited to, those provisions, if any, contained in the deed of trust above mentionec I MasterslFormsiSubordlnatlon Agt Trust Deed Holders 2 Rev. la2419 *. ,, . 0' 0 0 28 9-8 provide for the subordination of the lien or charge thereof to another interest in the real therein described. Beneficiary declares, agrees and acknowledges that: 1. They consent to and approve the grant of EASEMENT in favc Easement Grantee. 2. They intentionally and unconditionally subordinate the lien or cI the deed of trust above mentioned to the EASEMENT in favor of Easement Grantel referred to and understands that in reliance upon, and in consideration of, this subordir the grant of EASEMENT is being executed and delivered, the EASEMENT IS being and that specific monetary and other obligations are being and will be entered intc Easement Grantee, other lenders and title insurance companies which would not be I entered into but for said reliance upon the subordination. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 I MastersiFormsiSubordmatlon Agt Trust Deed Holders Rev. 12/24/! ., .- .. .I , e 0 b b @- I I 1 1 ' 2899 MastersiForrnslSubordinatlon Agt Trust Deed Holders Rev. 12124 0 0 Acknowledgment where document signer’s identity is proved by satisfactow evidence. State of Arizona 1. ~d,,&~l>,dQ..z&2+’ 290C 1 ) ss &-4P&L?.”A2k ) J &”- On this 6’3 day of wm , 19 y b. before me personally appeared LV; L&-%&~~&&k&&fhty was proved to me on the basis of satisfactory evidence to be the pedon whose name is subscribed to this instrument, and acknowledged that he/she executed the same. ’Notary Public Residing at Y COm . Expires Sept , 29, 20013 -F-. ‘e. .- My commission expires .. e 0 EXHIBIT "A" 2901 LEGAL DESCRIPTION PR 3. 4. 341 ALL THAT PORTION OF TRACT NO. 238 OF THE THUM LANDS, IN THE C OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORD RECORDER OF SAN DIEGO, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 1 OF PARCEL M NO. 2484, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDE MARCH 25, 1974; THENCE ALONG THE SOUTHERLY LINE OF SAID PMCE SOUTH 6I021'0On WEST 10.00 FEET; THENCE PARALLEL WITH THE CEN TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY LIME OF HARRISON STREET AS SHOWN ON SAID PARCEL MAP NO. 2484 SOUTH 28°39'00*v EAST 103.00 FEET; THENCE NORTH 61°21'00H EAST 10.00 FEET; THENCE NORTH 28*39'00n WEST 103.00 FEET TO THE PO OF BEGINNING. CONTAINING 1,030 SQUARE FEET OR 0.0236 ACRES OF LAND MORE OR LESS a / .. - LEGAL DESCRIPTION 2902 - - ALL THAT PORTION OF TRACT NO. 238 OF THE THE EAST LINE OF PARCEL MAF * THUU LANDS, IN THE CITY OF CARLSBAD, NO. 2484, i.e. NORTH 61'21'0C COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, GRANTED OF CARL: STR€€T I; NO SCALE PR 3. 4. 341 DEDICATION PLAT - CITY OF CARLSBAD APPLICANT: SHT. 1 PREPARED BY CJ & ASSOCIATES 211 Church Avenue, Suite B STEPHEN SAUTER JOHN MICHAEL JANUSZEWSKI 206-1 20 L.S. 5456 A.P.N. REG. EXP. DATE: 9- 'H. ' , '.'j I v. 0 0 State of California ) 4 ) County of ) 2903 On I/- /S'-yfbefore me, L&/4 /. U@d /JW&W personally appeared ~ED/~/C-~H~~~ t !.+.+go/ d,.J G~dd (Date) (Name, Titldof Of P (Name[s] of Signe &-Gnown to me (or proved to me on the basis of satisfactory evidence) to be the person@ name(s) idare subscribed to the within instrument and acknowledged to helshelthey executed the same in his/her/their authorized capacity(ies), and his/her/their signature(s) on the instrument the person(s), or entity upon behalf the person@) acted, executed the instrument. WITNESS my hand and official seal : Signatu e of Notary (This area for official notary seal) Title or Type of Document ~fi@Z@&~,d d /?CFZL??ZHFJ Date of Document No. of Pages Signer(s) other than named above I' I MastersiForrnslSubordlnation Agt Trust Deed Holders Rev. 12/24/< _. I : 0 ALL-PURPOSE ACKNOWLEDGMENT 0 2904 b~~bObIL0Lb~bOb"OObI)OI)b~~rlCbh~~o~o~a~ ritate of California i County of dC4-A } ss. if i i i i i On /p/s- 78 before me, AA ;I"&d (DATE) (NOTARY) perso lly appeared /'?&&&,C /?.d&,&F g fl~ R~L Add &,u i d personally known to me - OR- proved to me on the basis of satisfact evidence to be the person(s) whose nau is/are subscribed to the within instrument acknowledged to me that he/she/they exec the same in his/her/their authorj capacity(ies), and that by his/her/t signature(s) on the instrument the persol or the entity upon behalf of which person(s) acted, executed the instrument. SIGNER(S) 0 1 i i i i i i i i i i WITNESS my hand and official seal. NOTARY'S SIGNATURE - OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this ackr edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMI 0 INDIVIDUAL [7 CORPORATE OET'ICER TITLE OR TYPE OF DOCUM~~NT TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANICONSERVATOR DATE OF DOCUMENT [7 OTHER: NUMBER OF PAGES i OTHER 0 E RIGHT THUMBPRINT 5 SIGNER z 5 1 SIGNER IS REPRESENTING: c 17 a - L KAME OF PERSON(S) OR ENTITY(1ES) OF i- c i" a e e~-aoaoeoeoeoeoeoeoeoeoe oe-a-a-a-ad APA 5/97 ~.~.~~~~ ~~."" VALLEY-SIERRA, 800-362-3369 " ". -P . 'qL1- C~LIFORNIA ALL-WRPO !!B ACKNOWLEDGMENT a >( -: State of rA - 1; .+ L; &&% t. 1 >. ,x I~ ., >& /I y $ c (> F h e. - \ personally appeared - il personally known to me - OR -pproved to me on the basis of satisfactory evidence to be th6 7 ... L"4 - WI IUb mubscri e and acknowledged to me that .&&.f same ini#!ilvmuthoLize@mQand that "x"":+.ft-" -ture(&n the instrument thee ,..& ": ; >.\~.r:;+:!x/ ~~ /'?. .. ..,~.+ $$>,.,. ",>,"". r ., ,, . ., .q., : ...* Fa'. I +. e ~&. , @ 1 %..>3! .,x' , ,:=., .".?I %. j& II >._.a '' .,9-2- ."..:$."t. -.I L GL!,~[S HAUi<;-';TCr-i i2s 01 the entity upon bzlf of which the) act( " - z ! ,, ; ..~ '?,,::. . ' ,; %A- cQ:J!:a. #I j:i9-i93 ::> $jL$j !Jc;(J a:;!:',: TY 01 I,j 3, . * 72,- .*,\A '\jrjyARY ,,u91.'".~:;~,~:~c;'Yi. ,4 executed the instrument. Jiy Corn()-, kxp,:$js &x!\ 1: ,2022 "".>-.( WITNESS my hand and official seal. p (r c. e 2 ? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevl c: 6 K $ fraudulent removal and reattachment of this form to another document. A ,?: IDescription of Attached Document Y< LI .. F) >, 'Title or Type of Doc \N\T"s knxji- Jm.€ AlJe / IDocument Date: Number of Pages+?- ,\: '2 ,>: '6 ' :Signer(s) Other Than Named Above: /&&I c e. ~m mGt cM4~ hd GM~ e ,sL-5+c , ,' bm~. A I GA~~Z E AU~ Cap+q fl, ~rt.nc~ -T~ ;< lCapacity(ies) Claimed by Signer(s) i: fi 2 C' /_' 8, 2: 9 2 (> <x c x 6 ?> .1.. <' 6 h c ~ c; <% h c: <; a b, c c Signer's Name: s+-D\m - y&v %" Individual Title(s): i Corporate Officer U Partner - E Limited c! General 3 Attorney-in-Fact 7 Trustee- rl Guardian or Conservator U Other: I I Signer Is Representing: 1 1 9sc" SEI+- - Signer's Name: &$& ?*&fC Ecorporate Officer Ll Partner - C Limited J General E Attorney-in-Fact C Trustee Guardian or Conservator Z Other: Individual Title(s): Signer Is Representing: --, S&,tf - i ,> ,. ,;, ! I1 L ~,; c;;;.~~~~~~~~,;~~~~,~.i,..r,.;;.~;.,,.i,~;~,,; ~.,,..,~,;I ., >,,;A,.., , 2, ,> ;-, ,.-,\-, ,~ - ,;;.,;<.c, \..- <~, .L, _I_ '>~;::,~>.>>><;:'\:, >~>r.,;->iz3>>*'>: .:><>;>~,P' 0 1995 National Notary Association - 8236 Remrnet Ave. PO Box 7183. Cancga park CA 91309.7184 Prod No. 5907 Reorder. Call Toll-Fr