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HomeMy WebLinkAbout2006-03-21; City Council; Resolution 2006-0671 RESOLUTION NO. 2006-067 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 5 AVENUE. CITY PROJECT NO. 36071. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF A PUBLIC STREET AND PUBLIC UTILITY EASEMENT FROM KW FUND I - CARLSBAD 1, LP/SUNRISE PROPERTY ASSOCIATES LLC, FOR THE INTERSECTION IMPROVEMENTS AT EL CAMINO REAL AND FARADAY WHEREAS, the City of Carlsbad has designed the intersection of El Camino Real and Faraday Avenue to include a right-turn lane from southbound El Camino Real to westbound Faraday Avenue; and WHEREAS, the right-turn lane described above is located across private property owned by the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, therefore a public roadway and public utility easement are required to construct, operate, and maintain the roadway; and WHEREAS, the City has prepared the required grant deed, legal description and plat for the easements and offered the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, the total sum of $38,140 for the easement, and KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, has agreed to the City's offered amount for acquisition of the easements; and WHEREAS, there are sufficient funds available to obtain the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached grant deed be approved and accepted and the City Clerk is directed to attach her certificate of acceptance and cause the deed to be recorded in the office of the County Recorder. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That payment in the total amount of $38,140 be authorized and paid to the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, from the project account after recordation of the easements with the County Recorder's Office. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of March , 2006 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: CLAUDE A. LEWIS, Mayor LORRAINE M. WOOD, City Clerk "57 x -A- ' <? '"'fimii^(SEAL) ID RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) 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 Assessor's Parcel No.: 212-062-17 Project No. & Name: 3607 El Camino Real north of Faraday Avenue GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KW Fund I - Carlsbad 1 L.P., a Delaware Limited Partnership and Sunrise Property Associates LLC a Delaware 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 one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) pages is attached for clarity only. fDATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO On KW Fund I - Carlsbad 1 L.P., a Delaware Limited Partnership (Name before me, (here insert name and title of the officer, personally appeared A&ljLA- C. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(e)-whose name(s)- is/am subscribed to the within instrument and acknowledged to me that he/sherthey executed the same in his/ber/thetf authorized capacity(tes), and that by his/h«f#heti»signature(s). on the instrument the personfs), or the entity upon behalf of which the person(«t acted, executed the instrument. WITNESS my hand and official seal. By: Name: Title: By: Name: Title: (Type or Print) U'CC (Type or Print) (Signature) (Type or Print) Signature: DATED /VU. -P. ' * (Type or Print) Word\Maslers\Forms\Grant Deed of Easement - Cilv MPBOUDRESS Commission * 1450779 Notary Public - CaMornta Los Angeles County MyConm&ctesNov 11.2007,6/1/00 STATE OF CALIFORNIA COUNTY OF SAJ>H5ilEGO s On before me, (here insert name and tit personally appeared y known to of the officer), ^ rC - (or proved to me on the basis of.pers satisfactory evidence) to be the person(sjr whose is/aje'subscribed to the within instrument and acknowledged tome that he/sjaeflheyexecuted the same in his#i€f?tbe1r authorized capacity(j^s7, and that by his/hprftljefr signature^ on the instrument the person(^ or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand/and official seal. Signature: Sunrise Property Associates, LLC, a Delaware Limited Liability Company By: Sunrise Associates, a California General partnership, its sole Member and Manager af Company) By: Name: Title: By: Name: Title: (Signature) I/ Thomas K. Armstrong (Type or Print) (Type or Print) (Signature) (Type or Print) (Type or Print) SHARON MILLER Commission # 1377480 Notary Public - California Nevada County r My Comm. Expires Sep30.2006&••••••••V4 Word\Maslers\Forms\Grant Deed of Easement - City 6/1/00 CONSENT OF LENDER The undersigned LaSalle Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2005-C18 ("Lender"), the current holder and beneficiary of that certain Deed of Trust, Security Agreement and Fixture Filing, dated March 23, 2005 (the "Mortgage") from KW Fund I - Carlsbad 1, L.P., a Delaware limited partnership ("Borrower"), as recorded on January 3, 2005 in Book 2005 at Page 125 in the Office of the County Recorder of San Diego County, California, does hereby consent to the terms and provisions of that certain Grant Deed of Easement, dated , 2006 from Borrower to the City of Carlsbad, a Municipal Corporation (the "Easement"), to which this instrument is attached and agrees to waive and subordinate the lien of the Mortgage to said Easement. Lender is executing this document solely to provide its consent as a lender to the contemplated grant of easement as required under the Loan Documents (as defined in the Mortgage). The relationship between Lender and Borrower is that of a borrower and a lender only and neither of those parties is, nor shall it hold itself out to be, the agent, employee, joint venturer or partner of the other party. The consent granted herein is expressly limited to the matters described herein and shall not be deemed a consent to or as a waiver of any other conditions or requirements in the Mortgage or the other Loan Documents. This Consent of Lender is dated this [ day of January, 2006. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-C18 By: WACHOVIA BANK, NATIONAL ASSOCIATION solely in its capacity as Master Servicer, as authorized under that certain Pooling and Servicing Agreement dated as of tyLay 1, 2005 By: Name: ~ ' Brett H. Moj Title: Vice President \ CLTOl /4778604v I STATE OF NORTH CAROLINA ) COUNTY OF MECKLENBURG ): ss. ) _X _On this _ _ day of January, 2006, personally appeared before me Brett H. Morgan, to me known (or proved to me on the basis of satisfactory evidence) to be the Vice President of WACHOVIA BANK, NATIONAL ASSOCIATION, acting solely in its capacity as Master Servicer for and on behalf of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-C18, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument, and that by his/her signature on the instrument the entity upon behalf of which he/she acted, executed the instrument. / " [SEAL] JANET GARNER NOTARY PUBLIC GASTON COUNTY. N. C. My Commission Expires March 27, 2010 Notary Public My commission expires:J7 / -2- CLT01/4778604vl EXHIBIT "A" LEGAL DESCRIPTION VESTING: KW FUND I - CARLSBAD 1, L.P, APN: 212-062-17 PARCEL A PERMANENT ROAD EASEMENT THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1 63 1 7, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 6, 1990 AS FILE/PAGE NO. 90-652174, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 1 SOUTH 49°09'18" WEST (RECORD SOUTH 49°08'46" WEST) 13.05 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,876.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 53°53'59" WEST; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTHWESTERLY ALONG SAID CURVE CONCENTRIC WITH AND DISTANT 13.00 FEET MEASURED RADIAL FROM THE NORTHEASTERLY LINE OF SAID PARCEL 1 THROUGH A CENTRAL ANGLE OF 01°13'49" AN ARC LENGTH OF 40.28 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 70.00 FEET; THENCE LEAVING SAID CONCENTRIC CURVE NORTHERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 29°36'24" AN ARC LENGTH OF 36.17 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 35.00 FEET; THENCE NORTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 28°02'25" AN ARC LENGTH OF 17. 13 FEET TO A POINT OF CUSP WITH THE EASTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A 1,863.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 56°41 '47" WEST; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 02°45'49" AN ARC LENGTH OF 89.86 FEET TO THE POINT OF BEGINNING. CONTAINING 888 SQUARE FEET MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL SCHLUMPBERGER, PLS 7790 DATE EXHIBIT "B" _N 68-22'37" £459.55* m 5 UTILITY EASEMENT TO SDG&E RECORDED MAY 22. 1985 AS DOC NO. 85-180315 2386 FARADAY AVENUE 15* EASEMENT TO COSTA REAL MUNICIPAL WATER DISTRICT RECORDED MARCH 10. 1986 AS DOC. NO. 86-092689 G 4* EASEMENT TO JNE 102775 556-41371* •"RAD. 20* EASEMENT TO SDGE REC. MARCH 27. 1986 AS DOC NO. 86-117549 58' ACCESS AND UTILITY EASEMENT REC. DECEMBER 5. 1988 AS DOC. NO. 88-622316 \///A DENOTES AREA OF EASEMENT AQUSITION 888 SQ.FT. MORE OR LESS NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. &= 5-21*45" R=642.00* L=60.09* Right-Of-Way Engineering Services, Inc. Land Surveying 4167 Avenida de la Plata Ste. 114 • Oceanside. CA 92056 (760) 732-1366 FAX (760) 732-1367 Drawing file name: 212-062-17dwg ASSESSORS' PARCEL NO.: 212-062-17 CITY OF CARLSBAD VESTING: KW FUND I - CARLSBAD 1, LP. DATE: NOVEMBER 29, 2005 SHEET 1 OF 1