HomeMy WebLinkAboutPR 3.5.40; M.I.I. PARTNERSHIP; 89-333624; EasementP
.., RECORDING REQUESTED BY ' .. ' . e 1193 889 3.33.624
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AMD WH€N RECbRDEDMAlL TO
e City of Carlsbad VERA L, KfkE t Eg;Ij";Y *F:;-2$ER
!t 1200 Elm Avenue L -l
'ess Carlsbad, CA 92008
&
! L Attn: City Clerk J
r MAIL TAX STATEMENTS TO 1
le MI1 Partners
?t P.O. BOX 9000-266 res Carlsbad, CA 92008
84 'L J -NO FE,
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAT. NO. NN00586 Partnership Grant Deed A.P.N. 212-091-06
TO 1925 CA (2-83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS PR 3.5.40/PD 311
2 The undersigned grantor(s) declare(s): @4i t ( ) computed on full value of property conveyed, or - Documentary transfer tax is -0- Easement
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of Carlsbad , and
- FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MI1 Partnership
a General partnership organized under the laws of the State of California
the City of Carlsbad, a Municipal Corporation, nn easement for waterqine purposes
and appurtenances over, under and across. '\,
- hereby GRANTS to
- the following described real property in the City of Carlsbad -
See Exhibit "A" consisting of one page, for legal description incorporated herein and :
County of San Diego , State of California.
- as shown on Exhibit "BI' attached hereto consisting of one page for reference only.
Dated: danua-ry .26, 1989
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Januarv ,26 d 1989 before
me, the undersigned, a Notary Public in and for said
State, personally appeared DONOVAN E -
1 ss-
WESTERFELD & GEORGE M. CULLINAN
~~~~~~~~ ~ ~
personally known to me or proved to me on the basis of satisfactory evidence to be the person& who exe- cuted the within instrument as fwn of the partners of the partnership that executed the within instrument, and acknowledged to me that such
partnership executed the same. WITNESS my hwd and official seal.
Signature
MI1 Partnership, a California Gem
By Benchmark Pacific, LTD.,III,
a California Limited Partnershj General Partner
By Benchmark Pacific, Inc.,
a California Corporation,
General Partner
L
BY fiI7LA'L'L d
sident
(This area for official notarial seal)
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a 0 1194 0 87-6017-3 11/18/88
PD 311 PR 3.5.40 CMWD 88-C. 273
EDIBIT "A"
WATER EAsE34l?.NT IN LOT 20, MAP NO. 11287
AN EASEMENT FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG AND ACROSS THAT PORTION OF LOT 20 OF CARLSBAD TRACT NO. 81-46
UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OFFICE OF THE COvUNTY ' RECORDER OF SAN DIEGO COUNTY, SAID EASEMENT BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE AND PARALLEL
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE
WITH THE CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 20, BEING A
POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE, SAID CORNER BEING A POINT IN THE ARC OF A 636 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 12" 46'
29" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF- WAY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2" 19' 07" A
DISTANCE OF 25.74 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE A RADIAL TO SAID POINT BEARS SOUTH
10" 27' 22" EAST; THENCE SOUTH 26' 18' 19" EAST A DISTANCE OF
347.56 FEET; THENCE SOUTH 71" 18' 19" EAST A DISTANCE OF 17.,25
FEET TO THE POINT OF TERMINUS.
THE SIDE LINES OF SAID PARCEL "A", SHALL BE LENGTHENED AND/OR
SHORTENED AT THE ANGLE POINT AND THE SIDE LINES SHALL BEGIN IN THE ARC OF SAID 636 FOOT RADIUS CURVE, SAID CURVE ALSO BEING THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE AND SHALL TERMINATE IN A LINE WHICH BEARS NORTH 18 o 41' 41" EAST THROUGH
SAID POINT OF TERMINUS.
PARCEL B:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 20, BEING A
POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE,
SAID CORNER BEING A POINT IN THE ARC OF A 636 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 12" 46'
29" EAST; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE
THROUGH A CENTRAL ANGLE OF 7 o 46' 29" A DISTANCE OF 86.3 0 FEET ; THENCE TANGENT TO SAID CURVE SOUTH 85" 00' 00" WEST A DISTANCE OF
62.70 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
5" 00' 00" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF
TERMINUS.
THE SIDE LINES OF SAID PARCEL "B", SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDE LINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE AND SHALL TERMINATE ON A LINE WHICH BEARS NORTH 85" 00' 00" EAST
THROUGH SAID POINT OF TERMINUS.
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REQUESTED BY: Y:
Pi9 BOX XW -Z%C H!rfHFic RCE 55/34
M.ZZ PARTrc6Zs 1b-27- 88 A.P.N. zn- dp/
CARWAB, ex 2- ' ovw c~mmwzs DATE mBF<
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO 1 1 ss.
On January 26, 1989 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
DOUGLAS M. AVIS, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed
the within instrument as President on behalf of BENCHMARK
PACIFIC, INC., the corporation therein named as General Partner of BENCHMARK PACIFIC, LTD. 111, a California Limited Partnership,
and acknowledged to me that siad Corporation executed the
within instrument pursuant to its by-laws or a resolution of
its Board of Directors, as General Partner on behalf of said
Limited Partnership, said Limited Partnership being known to
me as one of the General Partners of M.I.I. PARTNERS, the
General Partnership that executed the witin instrument, and
acknowledged to me that such Limited Partnership executed the
same as General Partner and that such General Partnership
executed the same.
WITNESS my hand and official seal.
, ;'
~+ e a 9.7
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated Januarv 26. 1989
from MI1 Partnershiu
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. 89-184 , adopted
on June 20, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 21, 1989
By :
ALETHA L. RAUTENRRANZ, City qlerk
c+ 0 1198 @ 3338.25 -,
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1
...!x- 1 p!-y;g&-;EFj $4 “T $$-F::;i&(- ;:<g;;{-;zGS b i2f $A5 ”:;i;;-5 ;-.(e~~5~’z x; p .$ f ” ,-._ . -I-i-i;,i ir irn_ 5
1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 {&SA id, UfLg Carlsbad, CA 92008 i cg-jifg-iy REe-$?gEg 1 Space above this line for%corderls ui
89 L4.B it3 P# 2: 25
APN 212-091-06
- PR 3.5.40/RJl 311 AJQ jYj
e SUBORDINATION AGREEMENT
, NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN TEE REAL ‘PROPERTY TO WHICH YOUR SECURITY INSTRUKENT ATTACHES AND HAS
THE POTENTIAL EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST.
rc
> THIS AGREEMENT, made this day of April, 1989 by MI1 &+h
i Partnership owner of the land hereinafter described and hereinafter
referred to as ‘@Owner, I@ and Lomas Mortgage USA, Inc. (formerly
known as The Lomas & Nettleton Company), present owner and holder
ofthe deed oftrust hereinafter described and hereinafter referred
to as llBeneficiaryll ;
WITNESGETH
THAT W”IEEEAS, Owfs=r did execute a daed of trust, dated
December 8, 1987, to John F. Sexton as trustee, covering Lot 20 of
Map No. 11287, to secure a note in the sum of THREE MILLION SIX
HUNDRED FORTY-FIVE THOUSAND DOLLARS ($3,645,000) dated December 8,
1987, in favor of Beneficiary recorded January 6, 1988, as File No.
88-005545 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of EASEMENT dated Januarv 26, 1989, in favor of
the City of Carlsbad as grantee, herein referred to as @‘Easement
I1 e 1198 e
Grantee," creating an EASEMENT more particularly described in
EXHIBITS @*At1 AND "B1I attached hereto: and
WHEREAS, it is a condition precedent to obtaining said
EASEMENT that said grant of EASEMENT above mentioned shall
unconditionally be and remain at all times a cfiarge apon the land
hereinbefore described, prior and superior to the lien or charge
of the deed of trust above mentioned: 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
-2-
I. x 0 1200 e
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 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. It consents to and approves (to the extent required in
the deed of trust above mentioned) the grant of EASEMENT in favor
of the Easement Grantee.
2 . It intentionally and unconditionally waives, relinquishes
and subordinates the lien or charge of the deed of trust above
-3-
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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
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.
BENEFICIARY: OWNER:
Lomas Mortgage USA, Inc. (formerly known as The Lomas C Nettleton Company), a Connecticut Corporation
MI1 Partnership
By: -7Zz%@& By: See Next Page for T(913b A- S/n/r/f I Signature
Authorized Officer
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
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1, MI1 PARTNERHSIP, a California General Partnership
BENCHMARK PACIFIC, LTD., I11 ‘,3rn&Om I L&gYJlJ
A Cal i forni a Limited Partnership Donovan E. Westerf i el d/
BY: BENCHMARK PACIFIC, INC. A Cal i forn i a Corporat i on Its General PartneL- . - , - Gedrge‘M. Cull inan
fl i. , -
BY:
I
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO }ss. I
GEORGE M. CULLINAN On January 13, 1989 , before me, the undersigned, a Notary Public in and for
said State, personally appeared
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as one of the ueneralpartner(s),
on behalf of MI I PARTNERSHIP
,the partnership uomw #UBLIG
therein named and acknowledged to me that the partnership
executed it.
WITNESS ..
Signature (This area for official notarial seal)
STATE OF CALIFORNIA )
COUNTY OFn ISS. I
On JANUARY 16, 1989 , before me, the undersigned, a Notary Public in and for
said State, personally appeared DONOVAN E. WESTERFELD
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as “thee“artner(s),
on behalf of MII PARTNERSHIP
,the partnership
therein named and acknowledged to me that the partnership executed it.
.^ ..
(This area for official notarial seal)
,'
I. ' * '293
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 1 ss.
On January 13, 1989 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
DOUGLAS M. AVIS, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed
the within instrument as President on behalf of BENCHMARK
PACIFIC, INC., the corporation therein named as General Partner
of BENCEMARK PACIFIC, LTD. 111, a California Limited Partnership,
and acknowledged to me that siad Corporation executed the
within instrument pursuant to its by-laws or a resolution of
its Board of Directors, as General Partner on behalf of said Limited Partnership, said Limited Partnership being known to
me as one of the General Partners of M.I.I. PARTNERS, the
General Partnership that executed the witin instrument, and
acknowledged to me that such Limited Partnership executed the same as General Partner and that such General Partnership
executed the same.
WITNESS my hand and official seal.
h*
RUTH b. BESECKER
SAN DIEGO COUNTY
NOTAW PUOLIC-CALIFORNIA
*_ v I, e 120*
STATE OF TEXAS §
§ COUNTY OF TEXAS §
On Aprilbd, 1989 before me, the undersigned, a Notary Pqblic in and for said state, personally appeared TODD #* r& /?/r?/-
known to me to be an Au+J.orized Officer of LOMAS MORTGAGE USA, INC., a Connecticut corporation, the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors.
(S E A L)
the State of Texas
5 My Commission xpi es: Print Name of Notary:
/3b@7%v Lz%ik/<E&
L:\RE\53852\71134\docs\sub-ag.135 -7- March 31, 1989 9:30am
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$1 '. * 126 87-6017-3
11/18/88
EXHIBIT "A" WATER EASmNT IN
LOT 20, MAP NO. 11287
PD 311 PR 3.5.40
CMWD 88-C. 273
AN EASEMENT FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG
AND ACROSS THAT PORTION OF LOT 20 OF CARLSBAD TRACT NO. 81-46
UNIT NO. I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OFFICE OF THE COUNTY.RECORDER OF SAN DIEGO COUNTY, SAID EASEMENT BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A:
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 20, BEING A
POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE, SAID CORNER BEING A POINT IN THE ARC OF A 636 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 12' 46'
29" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-
WAY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2" 19' 07" A DISTANCE OF 25.74 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED CENTERLINE A RADIAL TO SAID POINT BEARS SOUTH
10' 27' 22" EAST; THENCE SOUTH 26" 18' 19lI EAST A DISTANCE OF
347.56 FEET; THENCE SOUTH 71" 18' 19" EAST A DISTANCE OF 17.25
FEET TO THE POINT OF TERMINUS.
THE SIDE LINES OF SAID PARCEL "A", SHALL BE LENGTHENED AND/OR SHORTENED AT THE ANGLE POINT AND THE SIDE LINES SHALL BEGIN IN
THE ARC OF SAID 636 FOOT RADIUS CURVE, SAID CURVE ALSO BEING THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE AND SHALL
TERMINATE IN A LINE WHICH BEARS NORTH 18 e 41' 41" EAST THROUGH SAID POINT OF TERMINUS.
PARCEL B:
' COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 20, BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE,
SAID CORNER BEING A POINT IN THE ARC OF A 636 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 12' 46'
29" EAST; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAq LINE
THENCE TANGENT TO SAID CURVE SOUTH 85" 00' 00" WEST A DISTANCE OF
62.70 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED CENTERLINE; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
5" 00' 00" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF TERMINUS.
THE SIDE LINES OF SAID PARCEL llBtr, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDE LINES SHALL BE CONTINUOUS AND SHALL
BEGIN IN SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF DRYDEN PLACE AND
SHALL TERMINATE ON A LINE WHICH BEARS NORTH 85" 00' 00" EAST
THROUGH A CENTRAL ANGLE OF 7" 46' 29" A DISTANCE OF 86.30 FEET;
THROUGH SAID POINT OF TERMINUS. ~~
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EXH/B/7- '23"
W'A7ER MA/N &A5€HEM
C"D. aS 4.273 CITY OF CARljBAD
REQUESTED BY:
SHT. / OF 1
tn- b fl.zr. PAR7N.a
Pa Box m -354 RC& 35/34
A.P. N. /b -27- 88
CA.&BAO, TA. 9m ___ ~~ DATE mBd