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Home My WebLink AboutCT 00-20; Fenton Carlsbad Research Center LLC; 2006-0067906; CovenantIf RECORDED AT THE REQUEST OF CHICAGO TiTLE COMWNY SUBD!V!S!O*J DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 16630 DOC# 2006-0067906 JAN 30, 2006 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,.! SMITH. COUNTY RECORDER FEES: 26 On PAGES: 7 SPACE AI 2006-0067906 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Fox-Miller 212-020-23-00 CT 00-20 PR 04-45, Lot 2 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) Fenton Carlsbad Research Center, 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 Tentative Tract Map number CT 00-20 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. 1 H /Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 16631 This covenant for easement provides for vehicle and 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: _ Fenton Carlsbad Research Center, LLC, a California limited liability company By: H. G. Fenton Company, a California Corporation, its Manager By: ^* s ./(s/gn here) .// Allen MKlones, Vice President (print name and title) ,/ ( / (sign _ Michael P. Neal, President/CEO _ (print name and title) (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: RONALD R. BALL City Attorney Bv: _ Deputy City Attorn4y 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 16632 State of California County of San Diego before me,O)/\IW€Z . (Date) personally appeared (\0(\ |T1 . , (Nameite of Officer) (Name[s] of Signer[s]) L Impersonally known to me -OR - (proved to mn nn th° b^vi? of s ) to be the person(s) whose name(s) -ie/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hio/hep/their authorized capacity(ies), and that by-his/hor/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary CLARE CHAVEZ CommWon 11466393 Notary Pubfc - CoWomlb Son Dtego County MyCo(TmExptetJan29.200B| (This area for official notary seal) Title or Type of Date Document Signer(s) other Document L^MfAM/wA of / JmttAWI &%t & than named above -Af ^muMA~ No. of Pages Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev 4/28/97 16633 January 23, 2006 JOB NO.: 041093 EXHIBIT *A' LEGAL DESCRIPTION PROPERTY BURDENED BY COVENANT FOR EASEMENT PR 04-45 THAT PORTION OF LOT 2 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 752.53 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, Jki 33yZ.oQ(p , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE STRIP OF LAND WITHIN SAID LOT 2 AND ADJACENT TO THE FOLLOWING DESCRIBED PORTION OF THE SOUTHWESTERLY LINE OF SAID LOT 2: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2, SAID CORNER ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL; THENCE LEAVING SAID RIGHT OF WAY SOUTH 68°21'10" WEST A DISTANCE OF 411.57 FEET; THENCE SOUTH 21°38'50" EAST A DISTANCE OF 53.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°21'10" WEST A DISTANCE OF 88.00 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80°50'16" A DISTANCE OF 162.25 FEET; THENCE NORTH 30°48'34" WEST A DISTANCE OF 273.46 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°29'30" A DISTANCE OF 38.34 FEET; THENCE NORTH 25°19'04" WEST A DISTANCE OF 65.63 FEET TO A POINT ON A 336.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH WHICH CENTER POINT BEARS NORTH 25°19'04" WEST, SAID CORNER ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SALK AVENUE AND THE END OF SAID SOUTHWESTERLY LINE OF LOT 2. THE ENDS OF SAID ADJACENT 15 FOOT AREA SHALL BE LENGTHENED OR SHORTENED TO MEET THE RESPECTIVE BOUNDARY LINES OF SAID LOT 2. CONTAINING 9,247 SF 0.21 ACRES MORE OR LESS Patrick N. O'Day RCE 27214 lof 1 G:\Accts\041093\ExhibitAl 04-45.DOC 16634 JANUARY 23, 2006 JOB NO.: 041093 EXHIBIT *B' LEGAL DESCRIPTION PROPERTY BENEFITED BY COVENANT FOR EASEMENT PR 04-45 LOT 3 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. IS 2. S 2> , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ,V 3o CONTAINING 213,777 SF 4.91 ACRES MORE OR LESS Patrick I/. O'Day RCE 27214 lof 1 G:\Accts\041093\Exhibit A1 -COV.DOC 16635 99 s^, 99EXHIBIT C LEGEND: PROPERTY BOUNDARYPER MAP NO. /S2.S3 LOT UNE PER MAP NO. RECIPROCAL EASEMENT BOUNDARY RECIPROCAL ACCESS EASEMENT AREA FOX MILLER PROPERTY CT00-20 OTf OF OCEAN9K HIGHWAY PACIRC OJYOF SANHMCOS VICINITY MAP CONSULT NTS 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 09-07-04 DATE 07-06-05 PATRICKN. tfDAYRCE27214 EXPIRES 03/31/07 CITY OF CARLSBAD RECIPROCAL ACCESS £31/7. IN LOT 2, CT 00-20 SHEET 1 OF 2 PR 04-45 APN NO. 212-020-23 G:\041093\2ndpnck-z\0493Z13-2nd.dwg Jan 23, 2006 4:02pm 16636 7 99 ^ 99EXHIBIT C DATA TABLE N/ 2 J 4 b 6 7 BEARING N 68?1'W"E N 21'38'50* W N 68?1'10" E A =80W16~ N 30'48'34" W A =5"29'JO" N 2519'04" W (R) RADIUS 115.00' 400.00' LENGTH 411.571 53.00' 88.00' 162.25' 273.46' 38.34' 65.63' PORTION OF EL CAMINO REAL DEDICATED TO THE CITY OF CARLSBAD PER MAP NO. / POINT OF BEGINNING 2" x 24" IRON PIPE WITH DISC STAMPED RCE 27214 SET PER MAP NO./52S3 CT 00-20 LOT 2 MAP NO. 50 SCALE: 1" TRUE POINT OF BEGINNING RECIPROCAL ACCESS EASEMENT MAP NO, CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 09-07-04 DATE 07-06-05 PATRKJKN. 0'DAY(/ RCE 27214 ' ' EXPIRES 03/31/07 CITY OF CARLSBAD RECIPROCAL ACCESS ESMT. IN LOT 2, CT 00-20 SHEET 2 OF 2 PR 04-45 APN NO. 212-020-23 G:\041093\2ndpnck-z\0493Z13-2nd.dwg Jan 23, 2006 4:04pm Yrofc-