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HomeMy WebLinkAboutPD 2023-0023; Love Family Living Trust- Love, Corey E. & Hope R. - Trustees; 2026-0196099: CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2026-0196099 111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111 Jul 09, 2026 08:42 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-080-52-00 ------------PROJECT ID: PD 2023-0023 PERMIT NUMBER: PR2025-0006 ------------PROJECT NAME: El Camino Residences COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) Corey E. Love and Hope R. Love, Trustees of Corey E. and Hope R. Love Family Living Trust dated May 28, 2020, hereinafter referred to as "Owner" creates a covenant for easement for the purpose stated hereon; over, across and upon the real property described in Exhibit "A" for the benefit of the property referred to in Exhibit "B". This covenant for easement may be released only according to the procedures established by law if it is determined by the City that the covenant is no longer needed to achieve the land use goals of the City. This covenant for easement is required by a condition of approval for a Plan Development PD 2023- 0023 issued by the City of Carlsbad for development located on real property described in Exhibits "A" and "B". The property burdened by this covenant for easement is described as follows: See Exhibit "A" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for drainage over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and the Owner of the property benefited and any successors in interest to the property benefited by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant for easement shall be binding upon and the benefit of the covenant for easement shall insure to the benefit of all successors in interest to the real property. Dated: / I / l I / JO a5 I I APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: v ~ C. Dalton So rich b (1./ .i t?,?IJ Assistant City Attorney City of Carlsbad COREY E. LOVE AND HOPE R. LOVE, Trustees of t3he Corey E and Hope R. Love Family Living Trust d May 28, 2020 -~ z. Sign Here e-. \J Corey Love Print Name Here R· I/ Hope Love Print Name Here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~Q~~-' On l l r-f "'4.A.t CJ~ vi-s;-before me, __ ___;;_~ __ iJft_· _f!-t-_1,1_~--"--/1,1,-~_1,1._0 ____ _ I Date _ ¥ere Insert Name and Title of the Officer personally appeared ____ b_P'-_-ty_1-0_°'_~_/lfrJ._~---'-lf-'-';,;,__f_E.-_1.0_\/_£... __________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM. #2-423861 ~ NOTARY PIJ8LIC-CALIFORNIA - SAN DIEGO COUNTY j 1.tf Comlll. EJqlit& ~ 21, 2026 ,# CO UC C Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document , ..-- Title or Type of Document: L-,.,'-'i,J~ ~,A--.e-~~ Document Date: -~l ..... ,~\t_t_(q~--- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" PD2023-0023 PR2025-0006 LEGAL DESCRIPTION (of Servient Property) PARCEL A OF PARCEL MAP 21778, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MAY 4, 2020 AS INSTRUMENT NO. 2020-7000116, OF OFFICIAL RECORDS. SIGNATURE:_~y(_. __ A_:;f_.........__ __ FLOYD HUBER, PLS 4936 LICENSE EXPIRES 12/31/26 DATE: OCTOBER 8, 2025 N0,4936 EXP1R1a orc.11, ~ AL\f EXHIBIT ue" PD2023-0023 PR2025-0006 LEGAL DESCRIPTION (of DominantJBenefitted Property) PARCEL B OF PARCEL MAP 21778, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MAY 4, 2020 AS INSTRUMENT NO. 2020-7000116, OF OFFICIAL RECORDS. SIGNATURE:. __ p/~1----/f/ ___ _ FLOYD HUBER, PLS 4936 LICENSE EXPIRES 12/31/26 DATE: OCTOBER 8, 2025 EXHIBIT 11C11 PD2023·0023 PR2025-0006 PRIVATE DRAINAGE EASEMENT LEGAL DESCRIPTION A PORTION OF PARCEL A OF PARCEL MAP 21778, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MAY 4, 2020 AS INSTRUMENT NO. 2020-7000116, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL A, NORTH 89°15'45" WEST (RECORD NORTH 89°14'56" WEST) A DISTANCE OF 13.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTHERLY LINE OF SAID PARCEL A, NORTH 00°44'15" EAST A DISTANCE OF 1.18 FEET; THENCE NORTH 20°53'19" WEST A DISTANCE OF 22.96 FEET; THENCE SOUTH 83°16'50" WEST A DISTANCE OF 9.36 FEET TO THE BEGINNING OF A TANGENT 7.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY 7.75 FEET ALONG THE ARC OF SAID CURVE A DELTA OF 63°27'39"; THENCE TANGENT TO SAID CURVE, SOUTH 19°49'11" WEST A DISTANCE OF 2.20 FEET TO THE BEGINNING OF A TANGENT 8.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY 9.75 FEET ALONG THE ARC OF SAID CURVE A DEL TA OF 69°50'34" THENCE TANGENT TO SAID CURVE, SOUTH 89°39'45" WEST A DISTANCE OF 1.93 FEET TO THE BEGINNING OF A TANGENT 7.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY 10.86 FEET ALONG THE ARC OF SAID CURVE A DELTA OF 88°55'29" THENCE TANGENT TO SAID CURVE, SOUTH 00°44'15" WEST A DISTANCE OF 2.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL A, SOUTH 89°15'45" EAST (RECORD SOUTH 89°14'56" EAST) A DISTANCE OF 40.38 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 578 S OR LE SIGNATURE: __ ,__ ___ __..___ FLOYD HUBER, PLS 4936 LICENSE EXPIRES 12/31/26 DATE: October 8, 2025 LEGAL DESCRIPTION EXHIBIT "C" PLAN ID: PD2023-0023 PR2025-0006 PORTION OF PARCEL A OF PARCEL MAP NO. 21778 BASIS OF BEARINGS TH[ BASIS OF BEARINGS FOR THIS PLAT IS THE CALIFORNIA COORDINATE SYSTEM -1983, ZONE VI, 1991.35 EPOCH. GRID BEARING BETWEEN FIRST ORDER CONTROL STATIONS CLSB 124 AND CLSB 123 PER RECORD OF SURVEY 17271. N89V5'2J"W. LEGEND ~~ INDICATES PRIVATE DRAINAGE EASEMENT {578 S.F.} TO BENEFIT PARCEL 8, PM 21778. CITY OF OCEANSIDE 78 LAND SURVEYOR APPLICANT COREY E. LOVE & HOPE R. LOVE PACIFIC OCEAN EASEMENT PLAT -CITY OF CARLSBAD PREPARED BY: PROJECT NAME: FlO'ID HUBER l/2l/2S COVENANT OF DRAINAGE NAME OATt VICINI TY MAP DATE: SHEET 1 OF 2 SHEETS A.P.N. 167-080-52 EXHIBIT "C" PLAN ID: PD2023-0023 PR2025-0006 !Mlli!P> 5)~~$ [l(DJ1r ~$ PARCEL B APN: 167-080-53 N8978'06"W 251.45' {N8971J1"W 251.45'} PARCEL A APN: 167-080-52 SEE DETAIL BROW IH.4J' N8975'-l5"W 137.48' {N8914'56"W IJl.52'} 20.04' {2a 12') N8975'J6"W 261.95' {N89U'56"W 262.00'} !i»@[RW~«D~ «Dir ll«D1r J maJi!Pl $J~3l NOlf: PROPERTY UN£ BEARINGS ANO DISTANCES SHOKN HEREON NOT IN PARENTHESIS ARE PER BOUNDARY SURVEY PERFORMED BY CELST ON 8/17/23. PROPERTY LINE BEARINGS ANO DISTANCES SHOHN IN PARENTHESIS ARE RECORD PER PARCEL IIAP 21718. i1=6J'21J9" R=l.00' L=l.75' S19¥9'1,.W 2.20' S?o717, ,.... ..._f.9 I~ S89:J9'45"W 1.93' I~ ~ -~-.....:::. . 1 =88'55'29" ~ R=l.00' l=ta86'y S00'44'15 I \ • • 2.16 N8915'45"W 137.48' (N8914'56"W IJl.52'} APPLICANT EASEMENT PLAT -CITY OF CARLSBAD COREY E. LOVE PREPARED BY: PROJECT NAME: & HOPE R. LOVE ..:..:fl=O=YO...:.:Hi='IJFJ.=!fR'--__ ...,_,lj;,..'.2...,_£1_2~"""" COVENANT OF DRAINAGE NAME DATE SCALE 1"=40' DETAIL f"= 10' DATE: SHEET 2 OF 2 SHEETS A.P.N. 161-080-52