HomeMy WebLinkAboutPR 3.4.98; HOYLE, GORDON S. & KAREN A.; 1992-0042349; Easement,.
, -RECORDING REQUESTP Y
' ** AND WHEN RECORDED .d AIL TO
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reet Address 1200 Elm Avenue ..r.%. .:,. ;.., s ;.:.&. . ".i . ", :.:.~,. +:?;51yL,?:?.-; i- -
City of Carlsbad .-r-.?-:.-i ?.,"..-?.-.-
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MAIL TAX STATEMENTS TO
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reet Address 1200 Elm Avenue
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City of Carlsbad
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SPACE ABOVE THIS LINE FOR RECORDER'S USE @ /9
9 RANT DEED F EASEMENT APN 156-230-35
PR 3.4.98 w
The undersigned grantor(s) declare(s): Documentary transfer tax 1s $ 0.00 ld computed on full value of pro erty conveyed, or computed on full value less va P ue of liens and encumbrances remaining at time of sale. Unincor orated area: (x Ci of Carlsbad ? and R A VdUABLE CON J% ID RATION, receipt of which is hereby acknowledged,
Gordon S. Hoyle and Karen A. Hoyle
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real proper in the City of Carlsbad County of San Diego, State of California: for street right of way purposes as 2 escribed in Exhibit "A" consisting of 1 page, attached hereto and made a part hereof. Exhibit "B" consisting of 1 page 1s attached fcr clarity only.
DATED ""@ /'
BY '.~..,./* "C
STATE OF CALIF COUNTY OFc& % ) Name Jk//g$+ rl; fi,~~ wo ,-j i
,Gordon S. Ho$e ,$/
B
O-LR~ 0 before me, the undersigned, a Nota personally appeared
c2u-rd-W -. c - or ersonally known to me or proved to me on the gasis of satisfactory evidence to be the perso nam s is re subscribed to the within Instrum nt
same. TP and QQ ac OW dged to me that he/sh e executed 9 the
-E!! .. " . s-2- t- r \I j ; ,u. 2 P i'i : :, n-.: { ?\I! . R EY ES !i
WITNESS my hand and official seal. i; .:;::"+;%;$ 3 I 7;,k..c?.?<.b [,,fi-#-$>y/ ~:li~.i~C.(;k:l:3RNlA D
h: ....... rJly Comr,:sslor: EY.cl:es NOV. 30, 1991 0
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(This area for official notarial seal)
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B I I - EXHIBIT A
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LEGAL DESCRIPTION
That certain portion of the Northwest Quarter of Section
6, Township 12 South, Range 4 West, San Bernardino Base
and Meridian, in the City of Carlsbad. County of San Diego, State of California, according to United States
Government Survey approved October 25, 1875, described
as follows: The .Southerly 10.00 feet of the Northerly
30.00 feet of the following described property: Beginning at the Northwest corner of said Section 6; thence along the North line of said Section 6, South
89"59' East, 18,25.67 feet to the true point of beginning; thence continuing along said North line, South 89"59' East, 60-00 feet: thence leaving said North line, South
O"55' East, 167-48 feet: thence South 89"56'17" West,
60-00 feet; thence North 0'55 West, 167.55 feet to the
true point of beginning.
I OWrlH:
MDog 4 @KIN Ho~L~L 724- 3754 .. I 1449 GE~A WTA WAY
CA(CL%AV, LA,
PREPARED Tsy :
527 N* (by 101 I I tn 32728 AA ]?I KGM Lbfl4 - CIVIL EN~IklCEK\d~ 461-7864
Y I.sycc' 46iAtJA REACq, LA.
EASEMENT PEPICATION
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l$WNl 4 KAKErJ WLL 727-3734
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i54g WENA VWA WAY
CAR L%AV, cA ,
PREPARED 5" : ml MU4 - CIVIL EN4I!JE€x\E.I4
927 tL tiwy 101
GbLAAlA BEALH, LA.
qBI-7BLL
6 0 0, 923
1 " CERTIFICATION FOR ACCEPTANCE OF DEED
This is to Certify that the interest in real property conveyed by the grant deed or
easement, dated 6 / 6 / 9 0 , from Gordon S. & Karen A. Hoyle
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% duly
authorized officer.
DATED: January 16, 1992
KAREN R. %N$/TZ, dsYftant .City Clerk
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1 CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, CA 92008
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SUBORDINATION AGREEMENT 1 " '3%
NOTICE: THIS SUBORDINATION AGREEMENT ,, ' 4
RESULTS IN YOUR SECURITY INTEREST
IN THE PROPERTY BECOMING SUBJECT TO
AN ESTATE IN TIIE REAL PROPERTY TO 6
WHICH YOUR SECURITY INSTRUMENT
ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING TEE VALUE OF
/
YOUR SECURITY INTEREST.
THIS AGREEMENT, made this I?* day of xu ne 193 by
Gordon S. Hoyle and Karen A. Hoyle hereinafter referred to as
vlOwner,t* owner of the land and Security Pacific National Bank, a
National Banking Association, hereinafter referred to as
*IBeneficiaryfv; present owner and holder of the deed of trust here-
' inafter described;
WITNESSETH
THAT WHEREAS, Gordon S. Hoyle and Karen A. Hoyle did execute
a deed of trust, dated December 5, 1989 to Equitable Deed Company
as trustee, covering all properties described in deed of trust
Recorded as File No. 89-66190, to secure a note in the sum of
tTmntY thousand dollars ($20,000.00) dated December 5, 3.989, in
favor of Security Pacific National Bank recorded in the office of
the County Recorder of San Diego County on December 11, 1989, as
File No. 89-669190 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated June 6, 1990, in favor of the
City of Carlsbad as grantee herein referred to as "Easement
Grantee," creating an Easement more particularly described in
AGREEIIENTSVIG-24.FRH -1- REV 4/90
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Exhibit "A" and shown on Exhibit 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.
AGREEHENlSUG-24.FRM -2- REV 4/90
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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 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,
those provisions, 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. He consents to and approved the grant of Easement
in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates 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 waiver, relinquishment and subordination of
the grant 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 waiver,
relinquishment and subordination; and
I
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AGREEWNTSVG-24.FRM -3- REV 4/90
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3. An endorsement has been placed upon the note
secured by the deed of trust above mentioned 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 \qth day of -Tone , 19 91 .
BENEFICIARY: OWNER:
Security Pacific National Bank Gordon S. Hoyle A National Bankins Association Karen A. Hovle
(Name of Beneficiary) (Name of Owner)
By: YkdlflJq //4 /%)$e/ (sign here) ' KARwv 5K/LEs- Gordon S. Hovle
(print name here) (print name here)
(title and organization (title and organization of signatory) or signatory)
By : BY (sign here)
Karen A. Hovle (print name here) (print name here)
(title and organization (title and organization of signatory) of signatory)
(Proper notarial acknowledgement of execution by BENEFICIARY 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:
VINCENT F. BIONDO, JR.
e. L Deputy City Attorney ///6/cz
AGREEENTSUG-24.FRH -4- REV 4/90
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ] ss.
Onthis 1 1 t h dayof ,]LI np ,intheyear 1 9 3 1,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared Karen Ski!es and
to me on the basis of satisfactory evidence to be the person(s) who executed the , personally known to me or proved
within instrument as V i c: e -President and II - - - - -Secretary or on behalf of the corporation therein named and acknowledged to me that the
~"-"""""_
corporation execuied '
-
Signq
928
FOR NOTARY SEAL OR STAMP
~-
STATE OF CALIFORNIA
COUNTY OF sf+& b#GW }ss.
On this / 4A day of TU&& , in the year 19-, Y4
before me. the undersigned, a Notary Public in and fo[ said State, personally appeared Gbd=~aLCo-+Z Ab$ f ws *.YE I
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person- whose name- A-s& subscribed to the within instrument, and acknowledged to me that -he-
executed it.
WITNESS my hand and official seal.
W Notary Public in and for said State.
ACKNOWLEDGMENT-Gensrai-WokatIs Fwm 233CA"Rav. 5-82
01982 WOLCOllS. INC. (WKIClUS8-2l
.- e ygY .. e
GENERAL SIGNATURE RESOLUTION
RESOLVED THAT, Instruments, documents or agreements relating to or affecting the property or business
and affairs of this Bank, or of this Bank when acting in any representative or fiduciary capacity, may be executed
in its name, with or without its corporate seal, by the persons hereinafter designated. For the purposes of this
resolution, the term
“Senior Officer’? shall mean: the Chairman of the Board, President, Vice Chairman of the Board, Chairman
of the Executive Committee, any Vice Chairman, any Managing Director, any Vice President (including any
Executive Vice President, any Senior Vice President or any First Vice President), Principal, Personnel Director,
General Counsel, Assistant General Counsel, Associate General Counsel or any individual designated as a “Senior
Officer” by any member of the Office of the Bank or by any Executive Vice President and the term
“Signing Officer” shall mean: any Senior Officer, the Secretary, the Cashier, Counsel, Division Chairman of
the Board, Division President, Division Vice Chairman, Division Executive Vice President, Division Senior Vice
President, Division Vice President, any Assistant Vice President, Assistant Secretary, Assistant Cashier, Associate Counsel, Attorney, Senior Trust Officer, Trust Officer, Senior Investment Officer, Investment Officer, Senior
Trust Advisor, Trust Advisor, District Trust Office Manager, Operations Officer, Senior Real Estate Officer, Real
Estate Officer, Senior Tax Officer, Tax Officer, Trust Counsel, Associate Trust Counsel, Controller, Division
Controller, Assistant Controller, Accounting Officer, Account Officer, Credit Officer, Consumer Credit Officer,
Manager, Assistant Manager, Branch Manager, Assistant Branch Manager, International Officer, International
Operations Officer, Senior Flight Officer, Flight Officer, Financial Analysis Officer, Financial Counselor or
Associate.
1. Any two Senior Officers or any Senior Officer and any other Signing Officer, acting together, may
execute:
(a) Deeds, leases, assignments and conveyances of any real or personal property or any interest
therein.
(b) Bonds of indemnity or other undertakings, repurchase agreements or guaranties.
(c) Cashiers checks having a face amount of $100,000 or more.
(d) Any other instruments, documents or agreements which may be found necessary, proper or
expedient to be executed in conducting the business of the Bank.
2. Any Senior Officer, acting alone, may execute:
(a) Deeds to real property described in any deed of trust which names this Bank as trustee, after a
trustee’s sale thereunder in the manner provided by law.
(b) Reconveyances of any property held under any deed of trust which names this Bank as trustee.
(c) Loan agreements, commitments to lend, participation agreements and certificates of participation.
(d) Underwriting agreements, purchase agreements, placement agent agreements and remarketing
agent agreements relating to securities for which the Bank serves as underwriter, placement agent
or remarketing agent and any instruments incidental thereto.
(e) Guaranties for the performance of any obligation of any affiliate of this Bank, provided, however,
that the written approval of the Office of the Bank will be required for (i) any guaranty of any
affiliate, the voting securities of which are less than 80% owned directly or indirectly by this
Bank, and (ii) without regard to the percentage of the affiliate’s voting securities owned directly
or indirectly by this Bank, (a) any guaranty in connection with a bond or note issuance or offering
by any affiliate or any borrowing by any affiliate and (b) any guaranty of performance and
payment that imposes any financial or other obligation upon the Bank in excess of those of the
affiliate in the underlying transaction.
<* L * 930 e
3. Any Signing Officer, acting alone, may execute:
(a) Security agreements, building loan agreements and assignments of accounts, financing statements, I
termination statements, continuation statements and statements of assignment with respect to
which this Bank is a secured party; releases of security interests in and liens upon personal
property: reassignments of stocks, bonds, notes, leases and other property held by this Bank as
security; and requests for reconveyances of property held for this Bank as security under deeds
of trust.
(b) Receipts for any money or property paid or delivered to this Bank.
(c) Extensions of the time for payment of any note or other obligation held by this Bank.
(d) Notices of default and of election to sell or cause to be sold the property described in any deed
of trust held by this Bank, notices to the trustee named in any such deed of trust, and do any
other act or sign any other document provided for by law, or which may be necessary, expedient
or proper in order to protect or enforce the rights of this Bank under any such deed of trust.
(e) Checks, drafts, cashiers checks having a face amount of less than $lOO,OOO, money orders,
certificates of deposit, savings certificates, acceptances, letters of credit, other similar obligations
of this Bank, and underwriting agreements and similar agreements relating to the marketing of
certificates of deposit or other obligations of this Bank.
(f) Certifications of checks of customers.
(g) Guaranties of the signatures of customers, or other signatures, when appearing as endorsements
of bonds or of certificates of stock, or of other securities.
(h) Claims of this Bank as a creditor of any decedent, or of a person who is a party to any form of
proceeding in bankruptcy, insolvency or similar proceeding, or any other claim of this Bank in
any other type of action or proceeding.
(i) Proxies to vote stock held by this Bank.
(j) Pleadings and documents to be filed in any court or other proceeding involving this Bank,
including verifications of any such pleadings or documents.
(k) The “Oath of Officer of Incorporated Company” required by 46 U.S.C.A. Q 838 or any similar
statute, and other documents in favor of or affecting this Bank in connection with the recording
of preferred mortgages.
(1) Declarations of trust and trust and agency agreements, acceptances thereof and consents thereto,
and any similar documents however denominated, and including any documents or agreements
referenced within the declaration of trust or agency agreement or similar document and required
or permitted to effect the fiduciary purpose; petitions for the appointment of this Bank in any
representative or fiduciary capacity; certificates of ownership in and to any trust held by this
Bank: certificates of authentication with respect to bonds, notes, debentures’and other obligations
issued under corporate mortgages, trust agreements and other indentures: certificates of securities
deposited, interim certificates and other certificates for and on behalf of this Bank as depositary
or agent; countersignatures of bonds, notes, certificates of stock, voting trust certificates, parti-
cipation certificates or pass-through certificates on behalf of this Bank as transfer agent or
registrar: certificates of cancellation and of cremation of stocks, bonds or other securities; and
resignations of this Bank in any representative or fiduciary capacity.
(m) Instruments required to transfer securities into the name of any nominee of the Bank.
(n) Any tax return or other document to be filed with the Internal Revenue Service, the California
Franchise Tax Board or any other taxing authority.
(0) Merchant bankcard participation agreements and amendments thereof.
e . .> -0 931
-.
4. Any person who from time to time has the title of Auditor, or any other title which includes the
word “Auditor” and any Audit Officer or any Reconcilement Officer, shall be authorized to sign
I ’ receipts for statements of accounts, verification of accounts, correspondence, and advices incident
thereto.
5. Those persons who from time to time shall be authorized by the Executive Vice President of the
Management Services Group or, in his absence, the Human Resources Director or the Manager of
the Compensation Division of the Human Resources Department to sign in the name and on behalf
of this Bank as “For Manager’’ or “For Cashier’’ or “Authorized Signature” shall be and they
$100,000, money orders, certificates of deposit, savings certificates, acceptances, letters of credit and
other similar obligations of this Bank, to certify checks and to execute receipts for any money or
property paid or delivered to this Bank. Cashiers checks having a face amount of $100,000 or more
require the signatures of two persons who have been authorized to sign in the name and on the behalf
of this Bank.
hereby are authorized to sign checks, drafts, cashiers checks having a face amount of less than
6. The officers in charge of the departments under Article VI1 of the Bank’s By-Laws may, any one
acting alone, designate those persons who are authorized to execute certificates of authentication for bonds, notes, debentures, and other obligations issued under corporate mortgages, trust agreements
and other indentures, to execute participation certificates and pass-through certificates on behalf of this Bank as transfer agent or registrar, and to countersign bonds, notes, debentures, certificates of
stock or voting trust certificates on behalf of this Bank as transfer agent or registrar.
7. Any member of the Office of the Bank of this Bank is hereby authorized to designate persons who
may use facsimile signatures in exercising their authority under this resolution, but the signatures of
all other persons exercising authority hereunder shall be manual.
FURTHER RESOLVED, that all signing resolutions authorizing Officers or others to sign any documents for
or on behalf of this Bank, heretofore adopted by the Board of Directors, which are inconsistent or in conflict
with the foregoing resolutions, be and they hereby are rescinded.
The undersigned, James R. Eller, Jr. Assistant Secretary of Security
Pacific National Bank, Los Angeles, California, hereby certifies that the foregoing is a full, true and correct copy
of a resolution duly adopted by the Board of Directors of said Bank on February 12, 1974, with all amendments
to the date hereof, which resolution as amended is in full force and effect.
The undersigned further certifies that Karen C. Skiles is a First Vice President aE&&fa€ &E
of said Bank, and that any copies of the
signatures of said Officer or Officers affixed or attached hereto, and initialed by the undersigned (including any
facsimile signatures so affixed or attached and so initialed), are genuine.
August 21, , 19% $7 I (Q 26 \ L:&v/w ~ .< I A_
I. I
SE$ 4 ITY PACIFIC NATIONAL BANK
+s2 ‘ stant Secretary of
kA
(SEAL)
a’ .. e c+ I
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094 7-91 1 ,’
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.- U. 5 6, i',, n io 9 3;Z"
.I I ___"_ "*
KAREN C. SKI LES, First Vice President
November 1, 1989 .. ' %,,a' e-
<fW e &- U' i
SECURITY PACIFIC NATIONAL BANK
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