The URL can be used to link to this page

Home My WebLink AboutCT 00-22; ; 2003-0813760; Covenant4 c rSgCr3RDED AT THE REQUEST OF <I * a Ifl‘FAI-TH LAND TITLE COMPANY RECORDING REQUESTED BY WHEN RECORDED MAtL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 13621 DOC # 2003-0813760 JUL 09s 2003 12~52 PM I llllll IIIII lllll 11111 Ill1 IIIIII lllll1llll Hlll11111111111111111111111 2003-081 3760 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 21 5-08-22-00 PROJECT NO. & NAME: PR 02-1 06 CT 00-22 Redeemer bv the Sea Private Drainage Easement COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 I of Title 7; Carlsbad Municipal Code Section 20.04.140) Redeemer by the Sea Lutheran Church of Carlsbad, a California nonprofit religious corporation, hereinafter referred to as ”Owner” creates a covenant for easement for the drainage purposes as stated hereon; over, across and upon the real property and for the benefit of the property as described in Exhibit “A. 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 Map number CT 00-22 issued by the City of Carlsbad for development located on real property described in Exhibits “A. The property burdened 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. The property benefited by this covenant for easement is described as follows: 1 H:/Development ServiceslMasterslDeeds-Grant Deeds-EasemenWCovenant for Easement Rev. 4/28/97 13622 See Exhibit “A” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for drainage purposes 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. (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 eputy City Attorney Byr 2 H:/Development ServiceslMasterslDeeds-Grant Deeds-EasemenWCovenant for Easement Rev. 4/28/97 13623 State of California 1 1 County of San Diego ) On If +p3- az before me, b?/&&&W,Ic/, 7w/gdL/i 9 (Date) (Name, Title of Officer) personally appeared RO w m475wt- P( Jrff, Mk? wfl- (Name[s] of Signer[s]) I 0 personally known to me -OR - d (proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) @/are subscribed to the within instrument and acknowledged to me that Rekke/they executed the same in hiehrltheir authorized capacity(ies), and that by -kher/their signature@) 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 (This area for official notary seal) Title or Type of Document Date of No. of Pages Signer(s) other than named above Document 3 +/Development ServicesIMasterslDeeds-Grant Deeds-EasementsJCovenant for Easement Rev. 4/26/97 .’ At time of sale, easement across At time of sale, easement across At time of sale, easement across At time of sale, 13624 Lot 5 will be reserved for benefit of Lots 6 & 7 Lot 6 will be reserved for benefit of Lots 7 Lot 7 will be reserved for benefit of Lot 8 Lot 8 will be reserved for benefit of Lot 7 2/6/03 02-01 1 RB easement across At time of sale, EXHIBIT ‘A’ COVENANT FOR PRIVATE DRAINAGE EASEMENT CT 00-22 PR 02-106 Lot 14 will be reserved for benefit of Lots 5, 6 & 7 will have appurtenant rights over will have appurtenant rights over will have appurtenant rights over Lot I4 Lots 5, 14 Lots 5, 6, I4 & 8 easement across I I I I When a// Properties have been transferred When all Properties have been transferred When all Properties have been transferred Lot 8 will have appurtenant Lot 7 rights over When all Properties have been transferred Lot 5 Lot 6 Lot 7 x.. 0201 llotxltr 13625 2/6/03 02-01 1 RB EXHIBIT 'B' LEGAL DESCRIPTION FOR PRIVATE DRAINAGE EASEMENT CT 00-22, PR 02-106 THAT PORTION OF LOTS 5, 6, 7, 8 AND 44 OF SUBDIVISION MAP NO. /V6 25 ,1N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON 7- 4-03 AS FILE NO. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: 78 &3 - ow3757 PARCEL A THE WESTERLY 5.00 FEET OF THE FOLLOWING DESCRIBED REAL PROPERTY: LOTS 5,6 AND 7 OF SUBDIVISION MAP NO. , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON /qb 2.5 '7- 4 -03 AS FILE NO. kfd~ ml3 3 57 . CONTAINS 1600 SQUARE FEET, MORE OR LESS. PARCEL 6 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOT 8 1. NORTH Oq"27'53" WEST 66.23 FEET 2. NORTH 51 "09'06" EAST 6.29 FEET 3. SOUTH 01 "27'53" EAST 57.07 FEET 4. NORTH 88"42'00" EAST 19.34 FEET; 5. SOUTH 01"18'00" EAST 13.00 FEET 6. SOUTH 88"42'00" WEST 24.30 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE ALONG THE NORTHWESTERLY PROPERTY LINE OF SAID LOT TO A POINT ON A LINE PARALLEL WITH AND 5.00 FEET EAST OF THE WESTERLY LINE OF SAID LOT 8; THENCE ALONG SAID PARALLEL LINE TO A POINT ON A LINE PARALLEL WITH AND 13.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID LOT 8; THENCE ALONG SAID PARALLEL LINE THENCE TO A POINT ON THE SOUTHERLY LINE OF LOT 8; THENCE ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. CONTAINS 592 SQUARE FEET, MORE OR LESS. 0207 7DRA/NAGE L GL 13626 ~ - PARCEL C BEGINNING AT THE NORTHWEST CORNER OF LOT 5, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE FINAL ORDER OF CONDEMNATION FOR CARLSBAD MUNICIPAL WATER DISTRICT, SOUTHERLY LINE OF SAID LOT 14 PARCEL NO. 1, RECORDED MARCH 20,1991, DOC. NO. 1991-0123077; THENCE WESTERLY ALONG THE 1. NORTH 89”06’54” WEST 2. NORTH 09”59’45” WEST 3. NORTH 18O56’01” WEST 4. NORTH 67O56’34” EAST 5. SOUTH 71”44’46” EAST 6. NORTH 87”50’54“ EAST 7. SOUTH 64”46’17” EAST 8. SOUTH 76”33’02” EAST 9. NORTH 70”45’1 9” EAST IO. NORTH 85”51’02“ EAST 11. SOUTH 68O23’57” EAST 12. SOUTH 76O44’34” EAST 13. SOUTH OO”50’09 EAST 14. NORTH 76”44’34” WEST 15. NORTH 68O23’57” WEST 16. SOUTH 85”51’02” WEST 17. NORTH 80°41‘00” WEST 18. NORTH 76”33’02” WEST 19. SOUTH 85”20’18” WEST 20. SOUTH 87”50’54” WEST -. . 2.54 FEET; 86.50 FEET; 85.19 FEET; 42.67 FEET: 20.68 FEET; 172.74 FEET; 10.47 FEET; 32.00 FEET; 9.65 FEET; 52.37 FEET; 32.86 FEET: 107.48 FEET 10.31 FEET; 110.72 FEET; 31.30 FEET; 49.92 FEET; 10.14 FEET; 33.46 FEET; 10.1 1 FEET; 157.78 FEET; THENCE LEAVING SAID SOUTHERLY LINE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE TO A POINT ON THE EASTERLY LINE OF SAID LOT 14, SAID POINT ALSO BEING ON THE WESTERLY FOOT WIDTH FROM CENTERLINE; THENCE ALONG SAID EASTERLY LINE OF LOT 14 THENCE LEAVING SAID EASTERLY LINE THENCE THENCE THENCE THENCE THENCE THENCE THENCE RIGHT-OF-WAY OF FISHERMAN DRIVE WITH A 28.00 O.?O??DRA/NAGE.L GL 21. NORTH 71’44’46’’ WEST 26.35 FEET; 22. SOUTH 67’56’34” WEST 37.26 FEET; 23. SOUTH 18’56’01“ EAST 76.50 FEET; 24. SOUTH 9’59’45” EAST 88.87 FEET 25. SOUTH 88’21’36” WEST 7.59 FEET; CONTAINS 6091 SQUARE FEET, MORE OR LESS. 13627 THENCE THENCE THENCE TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 14; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. 0.707 IDRAINAGE LGL ! ; t [ r r C c C , I 1 I , I IO8 NO. 02-011 2/06/03 SGWARDJ & MOWN MEFM, K, CONSULTING ENGINEERS -15- NEWCASTLE AVENUE SUITE 1 '? 'ARUIFF BY THE SEA CA 92GC- TEL 76U/436-8500 FAX 760/436-8603 .. EXHIBIT %' 13628 PRIVATE DRAINAGE EASEMENT P.R. 02-106 APN : 215-080-22 CT 00-22 SHEET 1 of2 WffTs PMrn A PRIVA ?E DRAINAGE EASEMENT BASIS W BMINGS RE BASIS OF BEARINGS FOR THIS PLAT IS THE ESlERLY LINE OF THE SUBDIMSION BOUNDARY OF SUBDlMSlON MAP No. -, i. e. N127'53"W PARCEL B PRI VA ?E DRAINAGE .. ! c 4 f C C , t f , ( CUI 1 I 16 LOT 14 1 I I-+ - I L8 L9 L 10 Ll1 L 12 L 13 114 L 15 L16 117 L18 L19 L20 N7OV5'19.E N8551'02"E s6823'57"E S76'M'S "E SO030'09mE N76'44'34"W N6823'57"W sa31 '02"w N80'41'00"W N76'33'02"W S85 20'1 8 "W SSEO'S "W N71'44 '46 "W 9.65' 52.37' 32.86' 107.48' 10.31' 110.72' 31.30' 49.92' 10.14' 33.46' 10.11' 157.78' 26.35' 121 S67'56'34"W 37.26' L22 Sl8'S'ol "E 76.50' L23 SO9 '59 '45 "E 88.87' L24 S8821'36"W 7.59' 125 N89V6'54"W 2.54' PRCIYDERTYUNE DATA TH # RADIUS DELTA LENGlh Cl 25.00' 9432'50" 41.25' C2 25.00' 86'04'54" 37.56' C3 182.00' 12'08'39" 38.58' BASJ'S Cy BSARIEGS : THE BASIS OF BEARINGS FOR THIS PLAT IS WE PORnON OF THE SOUTHERLY LINE Of LOT 14 AS SHOW ON MAP No. ' Le. N89D6'54"W 1 - ~ I-)" PRI VA E DRAINAGE EASEMEN 7 / I I -, APN : 215-080-22 NO1 27'53%' 202.05 P.R. 02-106 ROAD JOB NO. 02-011 2/06/03