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HomeMy WebLinkAboutPR 3.5.65; Aviara Land Associates, LP; 89-345753; EasementI , ' , RECORDING REQUESTEDBY 0 89 3:6:5.?53 ' P . -., 1'6 '7 2 ' , "@8& ~1~~~~~~~~~~~~ COgPAW OF @AltF(ONy - ...."f"""" $ , 3%. *".-I"";=f?cl' 7% ._ ,.v.Lc"s I. &H . .,,. , I .-?.c>y<d.; T <j& + tzn,;iL: f7:".Ppzp il' $@$ $zgY&% :G&$$i 7 r gpty vi:;.s: ""I;.6.fiD ;;- y!J R AND WHEN RECORDED MAIL TO 1 SY&?#23 ppt 2:49 r City Clerk City of Carlsbad 1200 Elm Ave. : V$?". I ne ?et Carlsbad, CA 92008 dress L I Y& te L 4 MAIL TAX STATEMENTS TO r 1 me Srn& As; flbd6 eet dress .. Y& te L J w. &EE SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed CAT. NO. NN00586 TO 1925 CA (11-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS PR 3.5.65 APN 215-040-16 2 The undersigned grantor(s) declare(s): t Documentary transfer tax is 0 (Easement) - ( ) 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 Carl sbad , and - FOR A VALUABLE CONSIDERATION7 receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership a Limited partnership organized under the laws of the State of Delaware - herebyGRANTSto the City of Carlsbad, a Municipal Corporation, an easement for waterline purposes and appurtenances over, under and across - the following described real property in the City of Carlsbad County of San Diego , State of California. See Exhibit "A", consisting of one page, for legal description incorporated herein and attached hereto. - I See Exhibit 'IB", consistinq of one - Dated: June 7, 1989 STATE OF CALIFORNIA COUNTY OF } ss. On 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 satisfactory evidence to be the person- who exe- cuted the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. See Attached Signature page, and attached hereto for Aviara Land Associates Limited Partnership A Delaware Limited Partnership BY: Aviara Land Company, A Delaware Corporation, a General Partner _c + By: Republic Development Compan] c A Cali rnia Corporation, Gener Partner By : n D.L. Clemens, Vice Presidenl YL \ By : I . Harw, Vice Presic P (This area for official notarial seal) I 1 Title Order No. Escrow or Loan No. A y +I I 6 =ii G E= J E8m FJ z n m 0 0 4 5 =i 6 gz rn zz mnu ij!i 5g CO m+s F" ri WS r7 r =im 18 a- F" grn 0$ Qp3 %D I8 rm rn P 2 I n % m a'cI . ,d .. I I , ) 0 16-73 0 1 EXHIBIT "A" PR 3.5.65 CM 86-503 LEGAL DESCRIPTION 5/29/1989 EASEMENT PURPOSES 215-040-16 FOR 159-12.2 TO THE CARLSBAD MUNICIPAL WATER DISTRICT PARCEL 1 A PORTION OF THE NORTHEAST ONE-QUARTER AND .A PORTION OF THE NORTHMEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH , RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : A STRIP OF LAND 68.00 FEET IN WIDTH, LYING 34.00-FEET EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 27; THENCE SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 27, SOUTH 00 02'25'' EAST, 1334.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND SOUTH 00 02'25'' EAST, 189.30 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 15'25'', A DISTANCE OF 264.04 FEET; THENCE SOUTH 30 1310011 WEST, 60.12 FEET TO THE CENTERLINE OF ALGA ROAD AND THE POINT OF TERMINATION. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED AND OR SHORTENED SO AS TO TERMINATE NORTHERLY ON A LINE THAT BEARS SOUTH 87 32 r1411 EAST FROM THE TRUE POINT OF BEGINNING AND NORTH 87 30'08'' WEST FROM THE TRUE POINT OF BEGINNING.ALS0 SAID SIDELINE TO TERMINATE AT THE SOUTHERLY END AND ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD BEING A LINE LYING 51.00 FEET NORTHERLY AND PARALLEL TO A LINE THAT BEARS NORTH 59 47'00'' WEST THROUGH THE POINT OF TERMINUS. INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED WESTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY , TANGENT TO SAID SIDELINE AND SAID NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED EASTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY , TANGENT TO SAID SIDELINE AND SAID NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD. A OLD IN^ LS -do07 DATED MAY 29, 1989 . .. ><*, NORTH ONE-QUARTER NORTH-SOUTH ONE-QUARTER LINE. CORNER, SECTION 27 R. 0. S. 1 0774 R.O.S. 10774 21 5-040-1 6 R.O.S. 10774 GRAPHIC SCALE ( IN FEET ) 1 INCH= 100 FT ( ) = INFORMATON TAKEN FROM R.O.S. 10774. ME NORTHERLY PORTION OF BASIS OF BEARINGS : APPROVED BY : LUKE-DUDEK 605 Third Street, Encinitas, CA 92024 FILE 159-1 2-1 .DWG a e 1675 0 6, * * % ' STATE OF CALIFORNIA ) ) ss. COUNTY OF Sari Diego ) On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared basis of satisfactory evidence to be the person who executed the within instrument as the Vice President , and John R. Hartung personally known to me or proved to me on the basis of I satisfactory evidence to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. D.L. Clemens , personally known to, me or proved to me on the WITNESS my hand and o (Seal) STATE OF CALIFORNIA ) COUNTY OF San Diego ) ) ss, On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President , and John R. Hartung , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and offipial seal. - (Seal) b. *>I- . -9 ? *, 1676 m CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property . conveyed by. the easement dated June 7, 1989 from Aviara Land Associates Limited Partnership to the City oE Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 89-200 , adopted on June 27, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. - DATED : June 28, 1989 By : RI -, . ALETHA L. RAUTGNKRANZ, Citl;) Clerk I 's- . ." '< ~~~~~~~~~ ". REQUESTED Ba " 1677 8 9 @.%? 5 Q < ""f tcoe, ri-kLa 1,u,>b.f&& .-Q""" $ ~~~~-~~?;;'~~:~.Ys .;:$-;2gL"t~<-tt rfE,r-__, jii -" " ~. : : , " i..4?.. ?: ?-.:ShG> 7 ) &RB#29 p# 849 b- .iz.trtN#ER A i-7; "..-: ::i i: ~.~..~~ ~ ". . -, ..;<,; ;;i..+*7y !x+ * RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD 1 1200 Elm Avenue ) Carl sbad, CA 92008 ) -. -3. . . $' ,.<". + ; vEg& 8,. LyLg f i:gG:<T;f WCr"tc* Space above this line for Recorder's use. PR 3.5.65 SUBBZEINATION AGREEMENT CT 85-35 APN 215-040-16 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST INTHE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHE SAND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 7th day of June 1989 by Aviara Land Associates, Limited Partnership, a Delaware limited partnership hereinafter referred to as "Owner," owner of the land and First Interstate Bank of Cal ifornia, a California Corporation, hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership a Delaware Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California, a California Corporation as trustee, covering a portion of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of Cal iforni a, to secure a note in the sum of One Hundred Twenty Five Mil 1 ion Dollars ($125,000,000) dated December 20, 1988, in favor of First Interstate Bank of California recorded in the office of the County Recorder of San Diego County on December 23, 1985, as File No. 88-661636 of Official Records of said county; and 7. - " <I 0 ZGIS m \' WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement dated June 7, 1989 , in favor of the City of Carl sbad as grantee herein referred to as "Easement Grantee," creating an Easement more particularly described in Exhibit A 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. .. , t ..* , I. .I I ,I 0 1619 0 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 3. note secured by the and 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 . ..' .* - .' >* * .' I e 1680 e I -~L BENEFICIARY OWNER First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED PARTNERSH I P Aviara Land Company, General Partner By: \LL '? b-&qizAbL.* Kevin I?. McKenna, Assistmt Vice President ss By : 1 .yy. Republ ic'Devel opment Company, General Partner By ~i3c"j : NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRET4P.Y OR ASSISTAW? SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL 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 DEVELOPER and SURETY must be attached. ) ,. 0 1681 0 I' . I , .k STATE OF CALIFORNIA ) ) ss. COUNTY OF sari Diego ) On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens , personally known to me c-owe+k"e within instrument as the Vice President , and John R. Hartung , oe to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. f Ai hf-f ^"&deaee to be the person who executed the personally known to me QT ~~nwd to rno QE th~! LZ~C of WITNESS my hand and o (Seal) STATE OF CALIFORNIA ) COUNTY OF sari Diego ) ) ss. On June 7, 1989 before me, the undersigned, a D.L. Clemens , personally known to me or "x x the Notary Public in and for said State, personally appeared within ins-e Vice President , and John R. Hartung personally known to me VP~ tt r r to be the person who executed the within instrument as the Vice President of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. -P VI 3 lacme to be the person who executed the WITNESS my hand and (Seal) KATHLEEN A. ARNOU) . ;* 3 # 8' ,. I. I .) I. e 1682 0 CAT. NO. NN00737 TO 1945 CA (7-82) @J TITLE INSURANCE AND TRUm (Corporation) ATICOR COMPANY STATE OF CALIFORNIA COUNTY OF ORANGE } ss. On - .h~e 7. 1989 said State, personally appeared Kevi n P_Kenna personally known to me or proved to me on the basis I 7 before me, the undersigned, a Notary Piblic in and for bf satisfictory evidence to be the person who executed the within instrument as the Assi stant Vi r- President, and Marcv A1 len I W L X W w J L - personally known to me or proved to me on the basis of satisfactory evidence to be 2 0 * '1 -y ;he person who executed the within instrument as the that executed the within instrument and acknowledged to me that such corporation executed the wit? instru- t Sk&&#y' of the Corporation oF:icI4l SEAL 7 ment pursuant to Its by-laws 01 board WITNESyz5id of directors. / a 6" / 17 I Signature . .. p, a resolufon of its I jY$.+l.+.+/l/ I (This area for official notarial seal) ,. $2 +- -.- ,. ,. .' ,' ,A 0 *I * : b.., e 3) I683 9 EXHIBIT "A" PR 3.5.65 CM 86-503 LEGAL DESCRIPTION 5/29/1989 EASEMENT PURPOSES 215-040-16 FOR 159-12.2 TO THE CARLSBAD MUNICIPAL WATER DISTRICT PARCEL 1 A PORTION OF THE NORTHEAST ONE-QUARTER AND A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH , RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : A STRIP OF LAND 68.00 FEET IN WIDTH, LYING 34.00 FEET EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 27; TIIENCE SOUTH ALONG THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 27, SOUTH 00 02'25" EAST, 1334.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE AND SOUTH 00 0212511 EAST, 189.30 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 15'25", A DISTANCE OF 264.04 FEET; THENCE SOUTH 30 131001r WEST, 60.12 FEET TO THE CENTERLINE OF ALGA ROAD AND THE POINT OF TERMINATION. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED AND OR SHORTENED SO AS TO TERMINATE NORTHERLY ON A LINE THAT BEARS SOUTH 87 32'14" EAST FROM THE TRUE POINT OF BEGINNING AND NORTH 87 30'08" WEST FROM THE TRUE POINT OF BEGINNING.ALS0 SAID SIDELINE TO TERMINATE AT THE SOUTHERLY END AND ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD BEING A LINE LYING 51.00 FEET NORTHERLY AND PARALLEL TO A LINE THAT BEARS NORTH 59 47'00" WEST THROUGH THE POINT.OF TERMINUS. INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED WESTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY , TANGENT TO SAID SIDELINE AND SAID NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD INCLUDING ALSO THAT LAND LYING BETWEEN THE ABOVE DESCRIBED EASTERLY SIDELINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY , TANGENT TO SAID SIDELINE AND SAID NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD. A -1- ,&-Q<.jL"% TEd;%?9GOLDINC.' LS &07 DATED MAY 29, 1989