HomeMy WebLinkAboutCT 06-25; Calavera Hills II LLC; 2009-0473460; CovenantDGC# 2009-0473460
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
AUG24, 2009 1:53 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER.. COUNTY RECORDER
FEES: 36.00
PAGES:10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 168-360-02
PROJECT ID: CT 06-25
PROJECT NAME: Robertson Ranch, PA 21
RELATED PROJECT ID: CP 06-17
RELATED PROJECT ID: PR 08-61
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)
Calavera Hills II, 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 per condition 59 of PC Resolution No. 6386
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:
1
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 2/19/09
See Exhibit "B" attached hereto and made a part hereof.
Exhibit "C" is provided for clarity only.
This covenant for easement provides for private reciprocal vehicular access 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.
Dated
OWNER
Calavera Hills II, LLC,
a California limited liability company
signature
AOA/A 0.
7~7 signaure
(ft--
print name /x-P(/P
nnt name
print title print title
(Attach required notary acknowledgement(s) for OWNER signature(s))
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 2/19/09
^^
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
May 5. 2009
ss.
On
personally appeared David R. Poole and Adam D. Pevney,
_, before me, Gladys M. Eddy-Lee, Notary Public,
GLADYS M. EDOV4H
Commtaion* 1673171
Notafy Public - CoHfomta
Son Dtogo County
My Comm. Expkw JU 4,201 (
who proved to me on the basis of
satisfactory evidence to be the persons
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacities, and that by their signatures on
the instrument the persons, or the entity
upon behalf of which the persons acted,
executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:.
Signer(s) Other Than Named Above:_
Capacities Claimed by Signers
Signer's Name:
i Individual
n Corporate Officer - Title
r Partner — j Limited u General
[] Attorney in Fact
1 i Trustee
n Guardian or Conservator
D Other:
Signer is representing
Signer's Name:_
Right
Thumbprint of
Signer
Top of thumb
here
Individual
Corporate Officer - Title
Partner - n Limited J General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is representing
Right
Thumbprint of
Signer
Top of thumb
here
^
January 13, 2009
J.N.: 08-1245
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
VEHICULAR ACCESS EASEMENT
P.R. 08-61
A PORTION OF LOT 2 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH
EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 18, 2007, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID CORNER
BEING A POINT ON THE CENTERLINE OF CANNON ROAD; THENCE, ALONG
THE WEST LINE OF SAID LOT 2, NORTH 11° 44'01" WEST 51.00 FEET TO
A POINT ON THE NORTH LINE OF SAID CANNON ROAD; THENCE,
CONTINUING ALONG SAID WEST LINE, NORTH 11°44'01" WEST 128.60
FEET; THENCE, CONTINUING ALONG SAID WEST LINE, NORTH 08°26'47"
WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
CONTINUING ALONG SAID WEST LINE, NORTH 08°26'47" WEST 34.00
FEET; THENCE, LEAVING SAID WEST LINE, NORTH 81°33'13" EAST
522.19 FEET TO THE BEGINNING OF A 20-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35"39'31" A DISTANCE OF 12.45 FEET TO
THE BEGINNING OF A REVERSE 12-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS SOUTH
27°12'44" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35°39'31" A DISTANCE OF 7.47 FEET;
THENCE NORTH 81°33'13" EAST 15.60 FEET TO THE BEGINNING OF A 20-
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14'18"
A DISTANCE OF 31.50 FEET; THENCE NORTH 08°41'05" WEST 223.98
FEET TO THE BEGINNING OF A 30-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 34°10'52" A DISTANCE OF 17.90 FEET TO
A POINT ON THE SOUTH LINE OF GLEN AVENUE; THENCE, ALONG SAID
SOUTH LINE, NON-TANGENT TO SAID CURVE NORTH 81°39'08" EAST 44.56
FEET TO THE BEGINNING OF A NON-TANGENT 30-FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS
NORTH 63°49'47" WEST; THENCE, LEAVING SAID SOUTH LINE,
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
January 13, 2009
J.N.: 08-1245
PAGE 2 OF 2
ANGLE OF 34°51'18" A DISTANCE OF 18.25 FEET; THENCE SOUTH
08°41'05" EAST 223.74 FEET TO THE BEGINNING OF A 20-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°45'42" A DISTANCE OF
31.33 FEET; THENCE NORTH 81"33'13" EAST 12.53 FEET TO THE
BEGINNING OF A 12-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 38°37'30" A DISTANCE OF 8.09 FEET TO THE
BEGINNING OF A REVERSE 20-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS NORTH
47°04'17" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 38°37'30" A DISTANCE OF 13.48 FEET;
THENCE NORTH 81°33'13" EAST 61.33 FEET TO THE BEGINNING OF A
1457-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°08'31" A
DISTANCE OF 130.76 FEET; THENCE SOUTH 57°28'41" EAST 11.08 FEET;
THENCE NORTH 76°12'25" EAST 28.43 FEET; THENCE SOUTH 13°47'35"
EAST 28.00 FEET; THENCE SOUTH 76°12'25" WEST 30.87 FEET TO THE
BEGINNING OF A 1493-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
5°20'48" A DISTANCE OF 139.32 FEET; THENCE SOUTH 81°33'13" WEST
61.33 FEET TO THE BEGINNING OF A 20-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 38°37"29" A DISTANCE OF 13.48 FEET TO
THE BEGINNING OF A REVERSE 12-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS NORTH
30 "10'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 38°37'29" A DISTANCE OF 8.09 FEET;
THENCE SOUTH 81°33'13" WEST 102.13 FEET TO THE BEGINNING OF A
12-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°39'33"
A DISTANCE OF 7.47 FEET TO THE BEGINNING OF A REVERSE 20-FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE TO SAID
BEGINNING BEARS SOUTH 44°06'20" EAST; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°39'33" A
DISTANCE OF 12.45 FEET; THENCE SOUTH 81°33'13" WEST 522.19 FEET
TO THE TRUE POINT OF BEGINNING.
AREA = 38,241 SQ.FT. (0.88 AC.) MORE OR LESS
O:\Legal_Descriptions\011014\PA21Veh.lgl.doc
MARCH 18, 2009
J.N. : 08-1245
PAGE 1 OF 1
EXHIBIT "B"
BENEFITED PROPERTY
PR 08-61
LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER
18, 2007.
O:\Legal_Descriptions\011014\PA21BPROPERTY 08-61.1gl.doc
545/5 OF BEARINGS
SUBDIVISION BOUNDARY
CT 06-25
0'300'
15Cr
SCALE: 1" = 300'CANNON ROAD_
HIGHWAY.^?
.SITE
VISTA
CITY OF
SAN MARCOS
CITY OF ENCINITAS
VICINITY MAPx^-T^x
NO SCALE /fer^?^
/ >-/ ATS. s ^. ^-*.
LEGEND
VEHICULAR
ACCESS EASEMENT
LOT LINE
EXISTING EASEMENT
POC POINT OF COMMENCEMENT
TPOB TRUE POINT OF BEGINNING
LEGAL DESCRIPTION
PORTION OF LOT 2 OF CARLSBAD TRACT
NO. 02-16, ROBERTSON RANCH EAST VILLAGE
IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 15608.
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS PLAT
IS THE NORTH LINE OF LOT 2
I.E. N 81'J9'08" E.
CONSULT
2710 Loker Avenue West
Suite 100
Corisbod, Colifornio 92010
760-931-7700
Fox: 760-931-8680
www.odoyconsultonts.com
Civi! Engineering
Planning
Processing
Surveying
M
. . NO. 7700
,1T\ EXP. 12/31/10
'^r^€
EXHIBIT 'C'SHT. 1 OF 4 SHTS.
CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT
REQUESTED BY:
CALAVERA HILLS II, LLC
12865 POINTE DEL MAR, 200
DEL MAR, CA 92014
(858 794-6147
PREPARED BY:
TIMOTHY (LJARROLL. JR.
L.S.7700 EXP. 12/31/10
P.R. 08-61
A p N 168-360-02
DATE OCTOBER 23. 2008
GLEN A VENUE
N H'44'01" W 51.00'
CANNON ROAD
CONSULT T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Tax: 760-931-8680
w ww.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying EXHIBIT 'C'
50
SCALE: 1" = 100'
SHT. 2 OF 4 SHTS.
CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT
REQUESTED BY:
CALAVERA HILLS II, LLC
12865 POINTE DEL MAR, 200
DEL MAR, CA 92014
(858) 794-6147
PREPARED BY:
TIMOTHY O.J^RROLL. JR.
P.R. 08-61
LS.7700 P. 12/31/10
A p N_ 168-360-02
DATE OCTOBER 23. 2008
CANNON ROAD
CONSULT
2710 Loker Avenue West
Suite 100
Cnrlsbad. California 92010
760-931-7700
Fox: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying EXHIBIT 'C'
50
SCALE: 1" = 100'
SHT. 3 OF 4 SHTS.
CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT
REQUESTED BY:
CALAVERA HILLS II, LLC
12865 POINTE DEL MAR, 200
DEL MAR, CA 92014
(858 794-6147
PREPARED BY:
TIMOTHY OjCARROLL. JR.
L.S.7700 EXP. 12/31/10
P.R. 08-61
A.P N 168-360-02
DATE OCTOBER 23. 2008
EXISTING EASEMENT TABLE
No.
[T
2
3
4
5
PURPOSE OWNER
PUBLIC STORM DRAIN CITY OF CARLSBAD
PUBLIC PEDESTRIAN ACCESS CITY OF CARLSBAD
PUBLIC UTILITY AND PEDESTRIAN ACCESS CITY OF CARLSBAD
ACCESS RIGHTS RELINQUISHED CITY OF CARLSBAD
PUBLIC STREET CITY OF CARLSBAD
/W^%\/ /^ 'A \
\ \ NO. 7700 / /
\Jf \ EXP. 12/31/10 /IT/
(Vfy**?
CONSULT A^N T S
2710 Loker Avenue West Civil Engineer ng
Suite 100 Plonning
Corlsbod. Colilornio 92010 Processing
760-931-7700 Surveying r-
Fo«: 760-931-8680 Q
www.odoyconsultonts.com >
REFERENCE
MAP 15608
MAP 15608
MAP 15608
MAP 15608
MAP 15608
DATE
SEPT. 18, 2007
SEPT. 18, 2007
SEPT. 18, 2007
SEPT. 18, 2007
SEPT. 18, 2007
EASEMENT DATA
(NO)
/
2
3
4
5
6
7
8
9
W
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
DELTA/BEARING
N 11'44'Or W
N 08-26'47" W
N 08'26'47" W
N 81'33'13" E
A = 35'39'31"
A = J5'J9'31"
N 81'33'13" E
A = 90'14'18"
N 08-41 '05" W
A = 34'W'52"
N 8T39'08" E
A = 34-51 '18"
S 08'41 "05" E
A = 89'45'42"
N Sf'JJ'fJ" E
A = JS'J/'JO"
A = JS'J/'JO"
N 81'33'13" E
A = 05W31"
S 57'28'41" E
N 76-12'25" E
S 13'47'35" E
S 76'12'25" W
A = 05'20'48"
S 8J-33'13" W
A = J8'37'29"
A = 38'37'29"
S 8T33'13" W
A = 35-39'33"
A - 35'39'33"
S 81-3
(HIBIT 'C
3'13" W
RADIUS
20.00'
12.00'
20.00'
30.00'
30.00'
20.00'
12.00'
20.00'
1457.00'
1493.00'
20.00'
12.00'
12.00'
20.00'
LENGTH
128.60'
10.00'
34.00'
522.19'
12.45'
7.47'
15.60'
31.50'
223.98'
17.90'
44.56'
18.25'
223.74'
31.33'
12.53'
8.09'
13.48'
61.33'
130.76'
11.08'
28.43'
28.00'
30.87'
139.32'
61.33'
13.48'
8.09'
102.13'
7.47'
12.45'
522.19'
SHT. 4 OF 4 SHTS.
CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT
REQUESTED BY: PREPARED BY:
CALAVERA HILLS II. LLC TIMOTHY 0. CARROLL, JR.
12865
DEL Ml
(858)
POINTE DEL MAR, 200 ^^^/^ J ,, , t J-~
^R CA 92014 — "s~ ~ f _-*X b/dv&T
794-6147 L.S.7700 EXP. 12/31/10
P.P. 08-
A.P.N.
61
DATE
168-360-02
OCTOBER 23, 2008