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Home My WebLink AboutCT 00-20; Fenton Carlsbad Research Center LLC; 2006-0067907; CovenantRECORDED AT THE BEQUEST OF CHICAGO TITLE COMPANY SUBDSV!S!Q^ DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 16637 DQC# 2006-0067907 JAN 30, 2006 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J. S M i T H CO U N TYRE CO R D E R FEES: 26.00 PAGES: 7 SPACE A.2006-0067907 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Fox-Miller 212-020-23-00 CT 00-20 PR 04-46, Lot 3 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 16638 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 Maqager By: Allen M. Scries, Vice President (print name and title) _ f ~f (sign/nere) _ 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 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 16639 State of California County of San Diego On before me,OfaflAJCZ tio (Date)(Name, Tfitle of Officer) personally appeared Q[\\6fl /)]. Jfi/K/4 0X1$ (Name[s] of Signer[s]) L [^personally known to me -OR - D •(proved to me on the bacic of satisfactory evidence)1 to be the person(s) whose name(s) 49/are subscribed to the within instrument and acknowledged to me that -hc/oho/they executed the same in -hta/ber/their authorized capacity(ies), and that by J=Hs/bef/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 CofTwWoni 1466393 Notary Pubte - CoWcxnla San Diego County (This area for official notary seal) Title or Type of Date Document Signer(s) other Document ( 'JKU(/£/V of than named above \M\\- J^ £wsrrwjh 0 No. of Pages ^, H:/Developmenl Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement 16640JANUARY 23, 2006 JOB NO.: 041093 EXHIBIT 'A' LEGAL DESCRIPTION PROPERTY BURDENED BY COVENANT FOR EASEMENT PR 04-46 THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. / 5 2.53 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JM 30^2oOfr , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE STRIP OF LAND WITHIN SAID LOT 3 AND ADJACENT TO THE FOLLOWING DESCRIBED PORTION OF THE NORTHEASTERLY LINE OF SAID LOT 3: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 2 OF SAID CARLSBAD TRACT, 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 OP 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 NORTHEASTERLY LINE OF LOT 3. THE ENDS OF SAID ADJACENT 15 FOOT AREA SHALL BE LENGTHENED OR SHORTENED TO MEET THE RESPECTIVE BOUNDARY LINES OF SAID LOT 3. CONTAINING 9,586SF 0.22 ACRES MORE OR LESS Patrick/N. O'Dayl/ 7 RCE 27214 I of 1 G:\Accts\041093\ExhibitA2 04-46.DOC 16641 JANUARY 23, 2006 JOB NO.: 041093 EXHIBIT *B' LEGAL DESCRIPTION PROPERTY BENEFITED BY COVENANT FOR EASEMENT PR 04-45 LOT 2 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. /5 2. 5 3 ? FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CONTAINING 426,100 SF 9.78 ACRES MORE OR LESS Patrick N^f O'Day PfcE 27214 lof 1 G:\Accts\041093\ExhibitA2-COV.DOC EXHIBIT "C 16642 LEGEND: PROPERTY BOUNDARY PER MAP NO. AS* 5 5 LOT UNE PER MAP NO. REdPROCAL EASEMENT BOUNDARY RECIPROCAL ACCESS EASEMENT AREA FOX MILLER PROPERTY CT00-20 CITY OF OCEANSCE HIGHWAY PACIFIC arroF SANMAKCOS OTYOF ENONmS VICINITY MAP CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odoyconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 09-07-04 DATE 09-07-04 PATRpK N. O'DAVl RCE27214 EXPIRES 03/31/07 CITY OF CARLSBAD RECIPROCAL ACCESS £31/7. IN LOT J, CT 00-2O SHEET 1 OF 2 PR 04-46 APN NO.212-020-23 G:\041093\2ndpnck-z\0493Z12-2nd.dwg Jan 23, 2006 4:11pm Xrefs: D493MAP 16643 1 EXHIBIT "C" DATA TABLE M/ 2 J 4 i> 6' 7 BEARING N eswio'E N 21'38'50" W N68-21'10" E A =80W16- N 30'48'34" W A =5"29'30" N 2519'04" W (R) RADIUS 115.00' 400.00' LENGTH 4n.sr 55.00' 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. / 52.5.3 RECIPROCAL ACCESS EASEMENT Lor s 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 09-07-04 PATI/CKN. O'DW RCE 27214 EXPIRES 03/31/07 CITY OF CARLSBAD RECIPROCAL ACCESS £31/7. IN LOT 3. CT 00-20 SHEET 2 OF 2 PR 04-46 APN NO. 212-020-23 G:\041093\2ndpnck-z\0493Z12-2nd.dwg Jan 22, 2006 4:11pm Yrofc- fUCMMAP