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HomeMy WebLinkAboutCDP 2018-0047; ; 2019-0223087; CovenantRECORDING REQUESTED BY DOC# 2019-0223087 111111111111 lllll 11111111111111111111111111111111111111111111111111111 WHEN RECORDED MAIL TO: Jun 10, 2019 11 :26 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SAN DIEGO COUNTY RECORDER FEES $41 00 (S82 Atkins $0 00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 205-220-94-00 -----------Project ID: CDP 2018-0047 Related Project ID: _P_R_2_0_18_-_0_01_6 _____ _ Related Project ID: __________ _ Project Name: HIGHLAND VIEW HOMES 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) Carlsbad Coastal Views, LLC, a California limited liability company, 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 Coastal Development Permit number CDP 2018-0047 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: H:/Oevelopment Services/Masters/Deeds~Grant Deeds~Easements/Covenant for Easement REV 01125/13 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private pedestrian access 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 inure to the benefit of all successors in interest to the real property. Dated: /Vi O 6/'f OWNER: Carlsbad Coastal Views, LLC, a California Lim· ed Liability Company ~~ ·L3 Sign Here Michael Lockerman, Member Print Name Here (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE 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 SIGNED 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 COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: CELIA BREWER City Attorney ByVIU~ RONl<EMP Assistant City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01125/13 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 ~ Ot ~.:, ) On-,,-; 'J~ -µ:,t'i beforeme, __ ~~ __ vA_s~_'~,,_r-JW __ Mj __ ~------ oak Here Insert Name and Title of the Officer ,,, personally appeared -----l?M,fii ;:1,-t,L,M.v'kf-J - -------------------- NameJ;ef of Signetjef who proved to me on the basis of satisfactory evidence to be the person(9f whose name(.6) is/~e subscribed to the within instrument and acknowledged to me that he/s~/U}lly executed the same in his/~r/t~ir authorized capacity(iis), and that by his/t-ter/th~ir signature~ on the instrument the person{!;), or the entity upon behalf of which the person(~acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur --------------oPTTONAL-------------- 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 Documen~t.-at.~~ .. ~ •. ,,_,.,, ( ,. /., .-~ t,-.:.r~ I I :;.;, , .. , Title or Type of Document: c...v Document Date: _______ _ 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: ________ _ -~'%@~~~%'@.>'@@;,'@;,~'@;,'@;,'@;,'@;,~'@;,'@;,'@;'@;,'@;,·@;;@,'@;,'@.i.___U;>-__U;>-__U;>-__U;>-__Uj!iW@;,'@;,~'@;,'Y;:<,;<;,'@;,'@;,'@;,'@;'@;,'@;,~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 H/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 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 01:r 01~ ,j On ';o Jftrin!:l <'/,Al~ Date \ \ \JH!,~, lA n,, . J ?(/. /L./"2-1-u-before me, _ ___,_.,. ___ \l"_f'>.....,>~ _ _____._~---1-----=---'---.,_ • -_____ _ Here Insert Name and itle of the Officer personally appeared ___ ---'M~l'-~---'--'---'l..!<......---'L,o~~--------------------- Name(#' of Signer(#" who proved to me on the basis of satisfactory evidence to be the person~ whose name~) is/ai;e subscribed to the within instrument and acknowledged to me that he/st)E!/they executed the same in his/h~/tl;ieir authorized capacity(i~). and that by his/t<er/tWeir signature~ on the instrument the person(9', or the entity upon behalf of which the person(~acted, executed the instrument. ·@•~ ,_/ 00 D~E;~ASS 000l -• • COMM. #2264064 ~ : a . NOTARY PU8LIC-CAUFORNIA ~ ~ SAN DIEGO COUNTY I . My CorMI. Expils Nwlber 2,. 2022 I .so o u c cc ca 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. ---------------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: ~~ Document Date: _.:...I ..... l v1 __ ,-''1'------ 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" SHEET 1 OF 1 LEGAL DESCRIPTION -PRIVATE PEDESTRIAN ACCESS BURDENED PROPERTY PR 2018-0016 THOSE PORTION OF LOTS 1, 2 ,6, 7 OF CARLSBAD TRACT NO. 16-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16273, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 2018; AND THAT PORTION OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE, RECORDED f1{! ff \'"I 2.(D 12.Dl)AS DOCUMENT NO. 201(]-D 10\o S 5]o , OF OFFICIAL RECORD, DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 5.50 FEET OF SAID LOT 1. THE SOUTHEASTERLY 5.50 FEET OF SAID LOT 2. THE NORTHWESTERLY 5.50 FEET OF SAID LOT 6, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT 6, THENCE ALONG THE NORTHWESTERLY LINE NORTH 61°52'27" EAST 58.12 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHEASTERLY 17.86 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°32'39"; THENCE LEAVING SAID CURVE, NON-TANGENT, SOUTH 61 °52'27" WEST 74.80 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 6, THENCE ALONG SAID LINE NORTH 28°07'33" WEST 5.50 FEET TO THE POINT OF BEGINNING. THE NORTHWESTERLY 5.50 FEET OF SAID LOT 7. THAT PORTION OF PARCEL 'A' OF SAID CERTIFICATE OF COMPLIANCE, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY COMMON CORNER OF SAID LOTS 8 AND 10; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 'A', SOUTH 28°07'33" EAST 17.50 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 61°52'27" EAST 92.18 FEET; THENCE NORTH 28°07'33" WEST 8.00 FEET; THENCE NORTH 61 °52'27" EAST 6.68 FEET; THENCE NORTH 28°07'33" WEST 5.50 FEET; THENCE SOUTH 61 °52'27" WEST 17.50 FEET, TO THE BEGINNING OF A TANGENT 9.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY 9.42 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60°00'00", TO THE BEGINNING OF A REVERSE 9.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY 9.42 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60°00'00"; THENCE SOUTH 61 °52'27" WEST 40.00 FEET TO THE BEGINNING OF A TANGENT 13.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY 14.94 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 65°51'08", TO THE BEGINNING OF A REVERSE 9.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY 10.34 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 65°51 '08"; THENCE SOUTH 61 °52'27" WEST 5.70 FEET TO THE POINT OF BEGINNING. DATE: EXHIBIT "B" LEGAL DESCRIPTION BENEFITTING PROPERTY PR 2018-0016 SHEET 1 OF 1 LOTS 1, 2, 3, 4, 5, 6, 7 AND 8 OF CARLSBAD TRACT NO. 16-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16273, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 2018; AND PARCEL 'A' OF CERTIFICATE OF COMPLIANCE, RECORDED HC\tt h 2..1,p , 20\ C\ , AS DOCUMENT NO. 2.0\C\ -DI Olo5 5(o , OF OFFICIAL RECORD. DATE: 7 ~II~ • MLL0M, PLS 8537 I~-2 B -~wi 'l EXHIBIT "C" PLAT PROPERTY PORTIONS OF LOTS 1, 2 ,6, 7 OF CARLSBAD TRACT NO. 16-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16273, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 2018; AND THAT PORTION OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE, RECORDED Har. llu,"2Cj9 'AS DOCUMENT NO.20\l}·-DI 0lo55'4 , OF OFFICIAL RECORDS. LOT 1 APN 205-221-01 LOT 2 APN 205-221-02 LOT 6 APN 205-221-06 LOT 7 APN 205-221-07 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE WESTERLY LINE OF LOT 8 OF MAP 16273. I.E. NORTH 28°07'33" WEST. OWNER CARLSBAD COASTAL VIEW, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3758 HIGHLAND DRIVE, CARLSBAD, CA 92008 760.402.5021 PASCO LAREY SUITER & ASSOCIATES PR 2018-0016 PH. 858.259.8212 I PLSAENGINEERING.C0M PLSA JOB NO. 2713 \ VICINITY MAP DATE: CDP 2018-004 7 SURVEYOR ADDRESS 535 NORTH HIGHWAY 101 SUITE A SOLANA BEACH, CA 92075 PRIVATE PEDESTRIAN ACCESS PLAT SHEET 1 OF 4 EXHIBIT "C" PLAT I LOT 'A' MAP 7277 ROS 22580 ----OJ w 1 2 3 (D > ---- 0:::: Q_ 0 <t 2 PARCEL '8' ~ ~ \ '-------(D 0 'q"" z MAP 16273 N ::5 PARCEL 'A' 6 :r: 4 I-C) 7 u -<C. :r: \ Q::'. I- 30' 30' PARCEL 1 PM 20948 5 9 ROS 2609 ROS 3212 TRACT 247 THUM LANDS MAP 1 681 EASEMENTS: 0 INDICATES A COVENANT FOR PRIVATE STORM DRAIN EASEMENT TO BENEFIT LOTS 1, 2, 3 ,4 AND 10 PER MAP 16273 ;;;\ GENERAL UTILITY AND ACCESS EASEMENT DEDICATED TO L_/ THE CITY OF CARLSBAD PER MAP 16273 LEGEND ------PROPERTY LINE ------RIGHT-OF-WAY LINE ------CENTER LINE -----ADJOINING PROPERTY LINE V / / / / / /1 PROPOSED PRIVATE PEDESTRIAN ACCESS EASEMENT PASCO LAREY SUITER SCALE= 1" = 80' & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 2713 PRIVATE PEDESTRIAN ACCESS PLAT SHEET 2 OF 4 EXHIBIT "C" PLAT ROS 22580 PRIVATE DRIVEWAY PARCEL 'B' POB N37°43'35"E R N88°07'33"W R w > 0::: 0 0 z <( ....J I (9 r-- I ~ (") 0 ~ w ~ (") PARCEL 'A' r--0 a:, N en CURVE DELTA ANGLE RADIUS ARC LENGTH C1 65°51'08" 9.00' 10.34' C2 65°51'08" 13.00' 14.94' C3 60°00'00" 9.00' 9.42' N61 °52'27"E 98.86' PASCO LAREY SUITER & ASSOCIATES SCALE: 1 "=20' PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 2713 7 ~ 1-w w I (/) w w (/) PRIVATE PEDESTRIAN ACCESS PLAT SHEET 3 OF 4 EXHIBIT "C" PLAT N61 ° 52'27"E 86 .27' N61 °52'27"E 86.26' U! MAP 16273 z z z N N N C) CX) CX) CX) 0 0 0 Cb 0 0 0 --..J --..J --..J if) c,3 c,3 c,3 ~ ~ 1 ~ 2 w 3 ~ ~ ~ !J ...... ...... ...... 0 0 0 N !') N (/) Q:-<,) w <,) m ~ ~ ~ m (/) I m m --f <,J PRIVATE DRIVEWAY PARCEL 'B' C/L 0~ & ~' Vo <" ~ 00, ~ ·o. 0. ·,9 V, V41 o', 0=36°32'39" .....I ---L=17.86' 0 z z N N CX) CX) 0 0 z 0 0 --..J --..J N c,3 c,3 CX) ~ 7 w 6 0 4 ~ 0 ~ --..J c,3 CD CD w C.D CD i 0) 0) ~ ~ cr> ...... 0 c.q MAP 16273 ...... z N61 °52'27"E 72.53' 79.55' 13.59' ON (J1 CX) / CX) 0 -0 N61 °52'27"E 93.14' --..J 5 c,3 w ~ PASCO LARET SUITER '/.-, PRIVATE PEDESTRIAN SCALE: 1 '=30' ACCESS PLAT & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 2713 ,S SHEET 4 OF 4