HomeMy WebLinkAboutPR 3.4.88; PERKINS, ROBERT JR. & MARTIE; 90-322507; EasementI ' RECORDING REQUESTE SY
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AND WHEN RECORDED MAIL TO
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Nime r City Clerk
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008 State
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City of Carlsbad
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MAIL TAX STATEMENTS TO
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Street Address 1200 Elm Avenue
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City of Carlsbad
550 0 90 322507
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City & Carlsbad, CA 92008 State
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED PR 3.4.88
* OF EASEMENT APN 207-021-04
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00 wq
( ) 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 of Carlsbad , and FOR A VALUmLE CONSIDERATION, receipt of which is hereby acknowledged,
Robert A. Perkins, Jr. and Martie Perkins 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 street right of wqy easement as described in Exhibit "A" consisting of 1 page, attached hereto and made a part hereof. Exhibit "B" consisting of 1 page is attached for clarity only.
DATED March 14, 1990
STATE OF CALIFORNIA 1 COUNTY OF Sari Diego 1
On March 14, 1990 before me, the undersigned, a Notary Public in and for said State,
personally appeared Robert A. Perkins , Jr - and Martle Perkins
B
Name Robert A. Perkins, Jr. f A
BY . "LI la+(-
Name Martie Perkins
personally known to me asmmr~n* l.%"id-to be the person(s) namekl is/are subscribed to the within instrument ana dcknowieagea IO me tnat"w.Iney executed the
same.
WITNESS my hand and official seal.
NOTARY WBUC - CKlFORNwI W DIEGO CWliFly A
Signature Am A.6- (This area for official notarial seal) (?>
MAIL THIS STATEMENT AS DIRECTED ABOVE
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STREET DEDICATION RIGHT OF WAY PORTION OF PARK DRIVE
EXHIBIT "A"
THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1896, TOGETHER WITH THAT PORTION OF LOT 1 IN BLOCK "H" OF BELLAVISTA, IN
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF
THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 7, 1929, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1 IN BLOCK "H" OF BELLAVISTA,
SAID POINT BEING ON EASTERLY RIGHT OF WAY OF PARK DRIVE AS SHOWN ON SAID MAP
2152 , THENCE SOUTH 26' 11 ' 00" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT 1,
SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY OF SAID PARK DRIVE, 75.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 68'36'30" EAST, 9.03 FEET;
THENCE NORTH 26' 11 '00" EAST, PARALLEL TO SAID NORTHWESTERLY LINE OF SAID LOT
1, 78.07 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED
THENCE NORTH 86'50'32" WEST ALONG THE NORTHERLY LINE OF SAID LAND DESCRIBED IN
SAID DEED TO JOHN T. CURTIS, ET UX, 9.78 FEET TO THE POINT OF BEGINNING.
TO JOHN T. CURTIS, RECORDED MAY 5, 1943 IN BOOK 1497, PAGE 129 OF OFFICIAL RECORDS;
AERA OF DEDICATION, 688.82 SQUARE FEET.
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ielzreS. 4611 Date
ation Expires: ncl /'3n Inn
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I. 452 LINE BEARING DISTANCE 1 N 4°57'00"W 6.02
2 S86O 50 '32"E 9.78 3 N68°36'30"W 9.03
SCALE 1" = 40 '
ymh 9' STREET DEDICATI(
ASSESSOR'S PARCEL NUMBE
207-021-04
L.S. 4611 VICINITY MAP (NTS
PR 3.4.88
MELCHIOR LAND SURVEYING INC.
5731 PALMER WAY SUITE G
CARLSBAD, CA. 92008 619-438-1726
JN 10 10-89 1-9-90
EXHIBIT I' E3 It
STREET DEDICATION
RIGHT OF WAY PLAT
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PR 3.4.88
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated March 14, 1990
from Robert A. Perkins Jr. and Martie Perkins .......................
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 90-160 , adopted
on June 5, 1990 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 6, 1990
By :
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grantee herein referred to as "Easement Grantee," creating an Easement mor
particularly described in Exhibit A attached hereto; and
WHEREAS, Easement Grantee is will ing to accept said Easemer
provided the grant of Easement is a charge upon the above described propert
prior and superior to the 1 ien or charge of the deed of trust above mentionc
and provided that beneficiary will specifically and unconditionally subordinal
the lien or charge of the deed of trust above mentioned to the lien or char<
of the Easement created in favor of Easement Grantee; ana
WHEREAS, it is to the mutual benefit of the parties hereto tha
Easement Grantee accept said Easement and Beneficiary is willing that the gran
of Easement shall, when recorded, constitute a charge upon said land which i
unconditionally prior and superior to the lien or charge of the deed of trus
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruin
to the parties hereto and other valuable consideration, the receipt an
sufficiency of which consideration is hereby acknowledged, and in order t
induce Easement Grantee to accept said Easement above referred to, it is heret
declared, understood and agreed as foll ows:
1. That said Easement in favor of Easement Grantee shal
unconditionally be and remain at all times a charge on the property therei
described, prior and superior to the lien or charge of the deed of trust abov
mentioned.
2. That Easement Grantee would not accept said Easement abov
described without this subordination agreement.
3. That this agreement shall be the whole and only agreement wit
regard to the subordination of the lien or charge of the deed of trust abov
mentioned to the Easement in favor of Easement Grantee above referred to an
, ,a 0 /" s 3 E:. 6 . shall supersede and cancel, but only insofar as would affect the priorit
between the deed of trust and Easement hereinbefore specifically described, an
prior agreement as to such subordination including, but not limited, thos
provisions, if any, contained in the deed of trust above mentioned, whic
provide for the subordination of the lien or charge thereof to another interes
in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of Easement in favor o
the Easement Grantee.
2. He intentionally and unconditionally waives, relinquishes at.
subordinates the lien or charge of the deed of trust above mentioned to th
Easement in favor of Easement Grantee above referred to and understands that i
reliance upon, and in consideration of, this waiver, relinquishment an
subordination of the grant of Easement is being executed and delivered, th
Easement is being created, and that specific monetary and other obligations ar
being and will be entered into by the Easement Grantee, other lenders and tit1
insurance companies which would not be made or entered into but for sai
reliance upon the waiver, relinquishment and subordination; and
3. An endorsement has been placed upon the note secured by tk
deed of trust above mentioned that said deed of trust has by this instrumer
been subordinated to the charge of the Easement in favor of Easement Grantc
above referred to.
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BENEFICIARY OWNER
HomeFed Bank, F.S.B.
Formerly known as,
Home Federal Savings & Loan Association
Bydbd 6.h. Phtti A. Murph, (lice President
By 9 ,DT4 - ;cc;' ,?;.A
3. ,-:r ee ec is.\ Ice .> res'i . n Matt i e Eki ns c-
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NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTAN SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY
TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY TH
SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEA
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WIL
SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
(Notarial acknowledgement of execution by BENEFICIARY and OWNER must I: attached .)
TO 1944 CA (1 -83)
CAT. NO. NN00627
<Individual)
fl TICOR TITLE INSURANCE
I
STATE OF CALIFORNIA ' COUNTY OF San Diego 1 s- t On March 14, 1990 before me, the undersigned, a Notary Public in and fc
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said State, personally appeared Robert A. Perkins , Jr . and Martie Perkins
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O, ~%ZZXKRXE~~X~~EC~X~&XX~€~~KX~XK&XWX to be I i. c the personswhose name s subscribed to the
within instrument and acknowledged that they exe-
cuted the same.
WITNESS my hand and official seal.
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Signature dacew d- "ZL
I (This area for official notarial seal)
II
;, ST.I$.EET DEDICATION RIGHT OF ey LOAN #9187789
'. PERKINS 858 0 MARCH 21, 1990
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STATE OF CALIFORNIA
COUNTYOF SAN D I EGO 1 ss
$ 5
On MARCH 71 ; 1990 , before me,
the undersigned Notary Public, personally appeared
2 (personally known to rn$$;;d on the basis of satisfactory evidence) d to be the Y VI CF President, W
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~~~K~5)6~CK3(X)6~~~XtlBX~~~~~X~X~x~~XB(~~xi~~~~~46b(~~ WWYH" X3iM&Xd(/ of the corporation that executed the within instrument to be the persons who executed the wtthin mstrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolutlon, of Its Board of Directors. A - #.
Signature
SEAL
I-IOMEFEDERAL
SAV 192 (11/85)
STATE OF CALIFORNIA
COUNTY OF l ss
2 On April ?6, 1990
SEAL
, before me, v c d cz 2 d Y
E z E
H Y
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s
the undersi ned Notary Public, personally appeared
(personally known to me)(proved on the basis of satisfactory evidence)
to be the Vice President, M
see Decker
(~er~~w~ll6lck#~~n~~x~~#~~~~~X~~X~X~~~~~X)F3f~W~~~~WklX &WEKWW %HWg of the corporation that executed the within instrument to be the persons who executed the within instrument on behalf of the corporation thcrein named, and acknowledged to me that such corporation executed thesame, pursuant to Its laws, ora resolutlon, of Its Board of Directors
Signature
1
l"E.FEDERAL ..
SAV 192 (11/85)
.~ b' ' e e t59
STREET DEDICATION RIGHT OF WAY
PORTION OF PARK DRIVE
EXHIBIT "A"
THAT PORTION OF LOT "I" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16 , 1896 , TOGETHER WITH THAT PORTION OF LOT 1 IN BLOCK "H" OF BELLA-
VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC-
CORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 7, 1929, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1 IN BLOCK "H" OF BELLAVISTA,
SAID POINT BEING ON EASTERLY RIGHT OF WAY OF PARK DRIVE AS SHOWN ON SAID MAP
2 I52 , THENCE SOUTH 26" 1 1 '00" WEST ALONG THE NORTHMESTERLY LINE OF SAID LOT 1 ,
SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY OF SAID PARK DRI\TE, 75-00
FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 68"36'30" EAST, 9.03 FEET;
THENCE NORTH 26"11'00" EAST, PARALLEL TO SAID NORTHWESTERLY LINE OF SAID LOT 1,
78.07 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO
THENCE 86"50'32" WEST ALONG THE NORTHERLY LINE OF SAID LAND DESCRIBED IN SAID
DEED TO JOHN T. CURTIS, ET UX, 9.78 FEET TO THE POINT OF BEGINNING.
JOHN T. CURTIS, RECORDED MAY 5, 1943 IN BOOK 1497, PAGE 129 OF OFFICIAL RECORDS;
AREA OF DEDICATION, 688.82 SQUARE FEET.
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03/05/90
Dougl.as R. Melchior L . S . 4cv
My Registration Expires: 09/30/90
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i e< . .~ "7% L1NE
BEARING DISTANCE
1 N 4°57'00'8W 6.02
2 S86O 50 ' 32"E 9.78
3 N68°36'30"W 9.03
PARK DRIVE I
wA 9' STREET DEDICATI~
ASSESSOR'S PARCEL NUMBE
207-021-04
L.S. 4611
REGISTRAT
VICINITY I HAP (NTS
PR 3-4-68
t MELCHIOR LAND SURVEYING INC.
5731 PALMER WAY SUITE G
CARLSBAD, CA. 92008 619-438-1726
JN 10 10-89 1-9-90
EXHIBIT = B B
STREET DEDICATION
RIGHT OF WAY PLAT
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PR 3.4.88
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044 I 3 I.-N .& ai@ n - @90
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RESOLUTION OF THE BOARD OF DIRECTORS
"The Bank next discussed the designation of signing authorities on behalf of the Bank. After discussion, upon motion duly made and seconded, the following resolution was unanimously passed:
RESOLVED, that any corporate officers, as appointed by this Board of Directors each year, identified either as members of the Executive Group, having the functional titles contained in Exhibit D, attached to these minutes and made a part hereof by this reference, or as Vice Presidents, acting individually, shall have the authority to sign,
verify, acknowledge and deliver in the name of and on
behalf of the Bank, any and all documents and instruments of writing whatever, including instruments of conveyance of property and for the release of obligations to the Bank;
RESOLVED, FURTHER, that any two (2) members of the Executive Group, acting together, be and they hereby are,
empowered to designate individual(s) who shall have the authority to sign, verify, acknowledge and deliver in the name of and on behalf of the Bank, any and all documents and instruments of writing whatever, including instruments of conveyance of property and for the release of obligations to the Bank, and shall file such designations with the office of the Corporate Secretary in the manner prescribed by the Corporate Secretary; and
RESOLVED, FURTHER, that any instrument of conveyance
of property, release of obligation or execution of evidence of indebtedness wherein the dollar amount of the transaction equals or exceeds the sum of fifty thousand dollars ($50,000) shall be executed by any two (2) of the officers or designated individuals, and that on any instrument of writing requiring the affixation of the seal of the Corporation, any one
of the officers or designated individuals, not having signed the instruments, may, in the absence of the Secretary, perform the function and attest to the affixation of the seal of the Corporation."
Federal Savlngs Bank
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CERTIFICATE OF SECRETARY
I, Denise E. Botticelli, hereby certify that I am the duly
elected, qualified and acting Secretary of HomeFed Bank, Federal Savings Bank, and that the foregoing is a true and exact
excerpt from the minutes of the Board of Directors meeting, duly called and held on the 22nd day of January, 1990, at which meeting a quorum was at all times present. Such resolution has not been amended or modified and is now.,in :EuLl force and effect in the form attached. ..
3
Denise E. Botticelli, 'Secretdry .- _.
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,. . . _,. ..- Dated at San Diego, California this 16th day of April, 1990.
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Exhibit D
HOMEFED BANK, F.S.B.
EXECUTIVE GROUP
Executive
o Chairman of the Board
o President and Chief Executive Officer
o Vice Chairman of the Board
o Associate General Counsel and Corporate Secretary
Credit Policy
o Chief Credit Officer o Manager/Asset Management
o Director/Real Estate Research
Financial
o Chief Financial Officer
o Director/Bank Operations and Loan Service
o Chief Financial Officer/Subsidiary Accounting
o Controller
o Treasurer
o Assistant Treasurer
o Director/Corporate Tax & Corporate Transportation
o Chief Accounting Officer
o Chief Information Officer o Managing Director/Secondary Market
o Director/Information Services
Lendinq
o Chief Operating Officer/Real Estate Development and National
o Managing Director, Eastern Division/National Real Estate
o Regional Director/Home Capital Development Group-HomeFed
o Regional Director/Home Capital Development Group-HomeFed
o Managing Director/National Real Estate Lending Group
o Managing Director, San Diego Division/National Real Estate
o Director/Home Capital Development Group-HomeFed Communities,
Real Estate Lending Groups
Lending Group
Communities, Northwest Region
Communities, Southwest Region
Lending Group
Wholly Owned Communities
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,+ ,$6.4 a
Lendinq (Cont'd)
o Managing Director, LA-Orange Division/National Real Estate
o Regional Director/Home Capital Development Group-HomeFed
o Managing Director, Northern California Division/National Real
Lending Group
Communities, Eastern Region
Estate Lending Group
Consumer Bankinq
o Chief Operating Officer/Consumer Banking
o Northern California Area Manager/Retail Banking
o LA-Orange Area Manager/Retail Banking
o Central California Area Manager/Retail Banking
o Director/Marketing
o Managing Director/Private Banking and Trust
o Administrative Manager/Consumer Banking
o Group Manager/Sales and Service
o Managing Director/Consumer Finance o Director/Retail Banking
o San Diego Area Manager/Retail Banking
o Director/Advertising
Corporate Services
o General Counsel and Chief Administrative Officer
o Chief Internal Auditor o President/Home Fed Insurance Services
o Associate General Counsel and Director/Legal Services
o Director/Administrative Services
o Director/Real Estate Services
o Director/Human Resources
Mortqaqe Lendins/Comorate Bankinq
o Chief Operating Officer/Mortgage Lending and Corporate Banking Groups
o Chief Appraiser
o Managing Director/Corporate Banking
o Managing Director/Wholesale Residential Lending o Director/Residential Lending
o Managing Director/Retail Lending
o Manager/California Lending Unit
o Managing Director/Merchant Banking and Corporate Finance
o Division Credit Administrator
o Real Estate Loan Administration
o Director/Real Estate Loan Administration
o Manager/National Accounts
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