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Home My WebLink AboutSDP 98-19; Manzanita Partners LLC; 2004-0300292; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare@): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. DOC # 2004-0300292 APR 089 2004 4~47 PM m1c1fIL RECORDS SCIN DIEM COUNTY RECORDER’S OFFICE GaW J. SHITHi COUNTY RECORDER FEES: 0.00 E: M SPACE ABOVE THIS LINE FOR RECORDERS USE Assessor‘s Parcel No.: Project No. & Name: 2 1 502 I 44-00 SDP 98-19 Manzanita Apartments PR 03-62 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MANZANITA PARTNERS, LLC, a California Limited Liability Company 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 PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit “A consisting of two (2) pages, attached hereto and made a part hereof. Exhibit ‘B consisting of four (4) pages is attached for clarity only and hereby waives abutters access rights in and to El Camino STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO 1 MANZANITA PARTNERS, LLC, a California Limited Liability Company (Name of Company) By: ConAm Manzanita LP, a California Limited Partnership its: Managing Member By: Continental American Properties, Ltd., a California Limited Partnership Its: General Partner On before me, By: DJE Financial Corp., a California Limited Partnershikits: General (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: Word\Masten\Forms\Grant Deed of Easement - City By: Name: 6/1/00 Acknowledgment State of California ) ) ss. County of San Diego ) On February 24, 2004, before me, Dollie G. Lewis, Notary Public, personally appeared J. Bradley Forrester and E. Scott Dupree, personally known to me (w-pwA4e-m-w 3) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that h&be/they executed the same in hishedtheir authorized capacity(ies), and that by hk%tw/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [seal] WITNESS my hand and official seal. p-z&; (SIGNATURE 8. OF NOTARY) xu*, EXHIBIT "A" PUBLIC RIGHT OF WAY DEDICATION AND ACCESS RIGHTS RELINQUISHMENT EL CAMINO REAL EAST LEGAL DESCRIPTION PR 03-62 SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER N 00" 32' 21" E 256.08 FEET TO A POINT OF INTERSECTION WITH A 6955 FOOT N59"39'30"E, CONCAVE NORTHEASTERLY BEING 45 FEET DISTANT FROM AND CONCENTRIC WITH THE CENTERLINE OF EL CAMINO REAL AS SHOWN BEGJN"G; RADIUS NON-TANGENT CURVE HAVING A RADIAL BEARING OF ON ROAD SURVEY 1800-1; SAID POINT BEING THE TRUE POINT OF THENCE NORTHWESTERLY ALONG SAID 6955 FOOT RADIUS CURVE THROUGH A CENTRAL OF 01 O 1 7'5 1 " AN ARC DISTANCE OF 157.50 FEET TO A POINT OF TANGENCY, THENCE N 29"02'39"W PARALLEL WITH SAID CENTERLINE 241.45 FEET TO A 1455 FOOT RADIUS TANGENT CURVE CONCAVE EASTERLY THENCE NORTHERLY ALONG SAID 1455 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 29O24'12" AN ARC DISTANCE OF 746.68 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER L PAGE 1 OF 2 THENCE S89'32'58"E ALONG SAID NORTHERLY LINE A DISTANCE OF 18.00 CURVE CONCAVE EASTERLY SAID POINT HAVING A RADIAL BEARING OF S89'38'32"E; SAID CURVE BEING 63 DISTANT FROM AND CONCENTRIC WITH THE AFOREMENTIONED CENTERLINE OF EL CAMINO REAL; FEET TO A POINT OF INTERSECTION WITH A 1437 FOOT NON-TANGENT THENCE SOUTHERLY ALONG SAID 1437 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 29O24'07" AN ARC DISTANCE OF 737.41 FEET TO A POINT OF TANGENCY, THENCE S 29"02'39"E PAFULLEL WITH AFOREMENTIONED CENTERLTNE 241.45 FEET TO A 6937 FOOT RADIUS TANGENT CURVE CONCAVE NORTHEASTERLY THENCE SOUTHERLY ALONG SAID 6937 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF l"02'53" AN ARC DISTANCE OF 126.89 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOO"32'21 W ALONG SAID EASTERLY LINE 35.20 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 0.47 ACRES MORE OR LESS. PAGE 2 OF 2 . EXHIBIT "B" DEDICATION SQUARE FOOTAGE= 0.47f ACRES LEGEND OWNERSHIP BOUNDARY CL OF ROAD EX EASEMENTS PONlON TO BE DEDICATED AND ACCESS RIGHTS RWNQUISHED - _----- VICINITY MAP SHEET 1 OF 4 PREPARE ~ . I BASIS OF BEARINGS -THE BASIS OF BEARINGS FOR THESE , EXHIBIT "B" /J \~ PREPARED By: . -M 64sT SIDE El WINO REAl & DEDICATION AND ACCESS RIGHCS 1811 ROCK SPFdNGS ROAD W MARCOS, CA 92069 REUNQUISHMaJT FOR AcA"lTA PARMERS PROPERT/ SOP-98- 19 SUP 98-06, CDP 98-73 PAR 2 OF PA4 Id88 \ \\ CASSIA RD PR 03-62 APN 215-021-04 CAMINO REAL PER 1800-1 I - CL OF EL CAMINO REAL \ PER 1800-1 bt-- SEE SHEET 4 PLATS IS THE LINE BmEEN TWO WELL MONUMENTS W/ BRASS CAPS STAMPED "S.D. CO. ENGINEER" PER SD R.O.W. MAP S 14588 AS THE CHORD BETWEEN THE BC h EC OF A 1500 FOOT RADIUS CURVE R-1800-1 AND R OF I.€ N 4'02'15" E /T*p*o-B* 256.08' EXHIBIT "B" '< // \ 600 900 120 /-- /* /- 0 300 \-.---- GRAPHIC SCALE SHEET 3 OF 4 __~ PREPARED By: SMMRmK-A MSwdt- 1811 ROCK SPRINGS ROAD SAN MARCOS. CA 92069 EL- 760-494-1110 EAST S/DE €1 CAMlNO RCQL DEDIC;ATION AND ACCESS RIGHTS REUNQUISHMENT FOR WZWITA PART7JERs PROPERTY SOP-98- 19 SUP 98-06, COP 98-73 PR 03-62 APN 215-021-04 1 1 ~ LINE L1 L2 L3 L4 . EXHIBIT "By' BEARING LENGTH N2g02'39"W 241.45' N89'32'58"W 18.00' N29'02'39"W 24 1 .45' NO(r32'21 "E 35.20' r LINE TABLE I CUM DELTA RADIUS C1 1'17'51" 6955.00 LENGTH 157.50' I CURVE TABLE 1 - C2 29'24'1 2" 1455.00 746.68' C3 29'24'07'' 1437.00 737.41' I C41 1*02'53"1 6937.001 126.89'1 SHEET 4 OF 4 PREPARED By: -p"TAL [)IEsJGN&tEmawmT 1811 ROCK SPRINGS ROAD SAN )AARcos, CA 92069 EL- 760-494-1110 EAST SIDE El WINO UDL DEDlCA7lOlV AND ACCESS RIGHTS REuNQulSHMaJT FOR A44"ITA PR 03-62 APN 215-021-04 I I PARTNERS PROPl37Y SOP-96- 19 SUP 98-06, CDP 98-73 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement dated February 24, 2004, from Manzanita Partners, LLC, a California Limited Liability Company, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS- 422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 30,2004 Ronna Stickrod, Deputy Clerk SEAL RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) DOC # 2004-0300291 APR 08s 2004 4247 FM OFFICIAL BMWUIG SfrN DIEGO coLR(Ty RECORWR'S OFFICE GREGORY J. SHIM, COUNTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 21 5-021-04-00 PROJECT NO. & NAME: SDP 98-19 Manzanita Apartments PR 03-62 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN/THE EASEMENT(S) IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT AlTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT is made this 24" day of February , 2004 by Manzanita Partners, LLC, owner of the land hereinafter described and hereinafter referred to as "Owner," and California Bank & Trust, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Manzanita Partners, LLC did execute a deed of trust, dated December 1, 2003 to First American Title as trustee, to secure a note in the sum of $28,600,000 dated December 1, 2003 in favor of California Bank & Trust recorded in the office of the County Recorder of San Diego County on January 5, 2003 as File No. 2003-1445499 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of 1 HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWSUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31/00 EASEMENT dated February 24, 2004, in favor of the City of Carlsbad 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. 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 to, those provisions, if any, contained in the deed of trust above mentioned, which 2 H /DEVELOPMENT SERVICES/MASTERSAGREEMENTS, OTHEWSUBORDINATION AGREEMENT/Subordmation Agreement Trust Deed Holders CilyRev. 5/31 IO0 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. We consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. We intentionally and unconditionally subordinate 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 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 subordination. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill I111 Ill 3 H:IDEVELOPMENT SERVlCESlMASTERSlAGREEMENTS, OTHER/SUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31/00 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and 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. BEN E F I C I ARY: California Bank & Trust, a California Banking Corporation Liability Company OWNER: MANZANITA PARTNERS, LLC, a California Limited By: ConAm Manzanita LP, a California Limited Partnership its: Managing Member By: Continental American Properties, Ltd., a California Limited Partnership Its: General Partner By: DJE Financial Corp., a California Limited Partnership its: General Partner n By: w ee&sTc Q fieom WviV9 Vk.e F+esidm+ \I\ C& 9P.e;;E cots Q-r (print dme here) (prihhgame here) (title and organization of signatory) By: (sign here) /(sign here) (print name here) (title and organization of signatory) tz$COfl POPk2K (print name here) (title and organization of signatory) u’/LEPRK,O&b- 4 =@kT&&’r’ (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. 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: RONALD R. BALL City Attorney I 4 ’ H:/DEVELOPMENT SERVICESIMASTERS/AGREEMENTS. OTHEWSUBORDINATION AGREEMENT/SubordinaUon Agreement Trust Deed Holders CityRev. 5/31/00 State of California ) 1 County of San Diego ) personally appeared ZZ,@,&3 /&& $ &E* scLD// / (Name[s] of Signer[s]) &fpersonally known to me -OR - n (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) idare subscribed to the within instrument and acknowledged to me that -&d&dthey executed the same in -bMier/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or entity upon behalf of which the person@) acted, executed the instrument. (This area for official notary seal) Signature of Notary Title or Type of Document Date of No. of Pages Document Signer@) other than named above 5 H:/DMLOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/SUBORDINATION AGREEMENTSubordination Agreement Trust Deed Holders CityRev. 5/31/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California basis of satisfactory evidence Place Notary Seal Above to be the personkSjwhose namdere subscribed to the within strument and acknowledged to me that sh hey executed the same in his & e authorized capacity(& and that by hi-eir signaturefin the instrument the person(.cor the entity upon behalf of which the persod acted, executed the instrument. Signature of Notary PLblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Ascclation - 9350 De Solo Ave.. P.O. Box 2402 Chatsworth, CA 9131 3-2402 * w.nationalmtary org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827