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HomeMy WebLinkAboutCT 13-01; KLC BV Carlsbad LLC; 2014-0116631; Covenant(ft DOCtt 2011- iiiilliilll 0 II GG31 11 illlll RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAR 25, 2014 3:57 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 156-200-15; 156-200-01; 156-200-02 ProjectlD: CT 13-01 Related Project ID: PR 13-55 Related Project ID: Project Name: Buena Vista 11 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) KLC BV Carlsbad, 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 Exhibits "A" and "B" for the benefit of the property referred to in Exhibits "A" and "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 number 48 of Planning Commission Resolution No. 7006 for a major subdivision CT 13-01 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 "B" is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. This covenant for easement provides for private drainage easements and maintenance of drainage facilities, slope landscaping and retaining walls 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: .T^. ?>\,^\A' OWNER: KLC BV Carlsbad, LLC, a California Limited Liability Company By: FKC, LLC, aj^lifornia Company, Liability Brett S. Albrecht, FKC, LLC, a California Limited Liability Company Authorized Person Print Name and Title APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP ^ Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On \\^\\\^ Date I } before me, personally appeared _ 7 {Here Insert Name and Title Of the Officer ' li Name(s) of Slgner(s) JOY F.YUKAWA-PONG Commistion # 1952245 Notary PubHc • California Orangt County ^ My Comm. Expirts Stp IS. 20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature _/l 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) Ottier Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name; • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION PR 13-55 COVENANT OF EASEMENTS FOR PRIVATE DRAINAGE, SLOPES AND RETAINING WALLS PURPOSES OVER LOTS 2 THROUGH 9 OF THE CITY OF CARLSBAD TRACT CT 13-01, FOR THE BENEFIT OF THOSE LOTS OF THE CITY OF CARLSBAD TRACT CT13-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID LOTS ARE SHOWN BELOW AND GRAPHICALLY DEPICTED ON THE ATTACHED EXHIBIT 'B'. FOR CROSS LOT DRAINAGE, NOTED ON THE ATTACHED EXHIBIT 'B': ENCUMBERED LOTS BENEFITTED LOTS LOT 2 LOT 1 LOT 3 LOTS 1 - 2 L0T4 LOTS 1-3 LOT 5 LOTS 1-4 LOT 6 LOTS 1 - 5, 10, AND 11 LOT? LOTSl-6,10, ANDll LOTS LOTS 1-7, AND 12 LOT 9 LOTS 1 - 8, 10, 11 AND 12 FOR MAINTENANCE OF STORM DRAIN FACILITIES, SLOPES, AND RETAINING WALLS, NOTED ON THE ATTACPIED EXHIBIT 'B': ENCUMBERED LOTS BENEFITTED LOTS LOTS 1 - 11 HOA EXISI1NG 20' PUBUC SJRE} & UnUJY EASEMENT PER DOC. REC. 9-23-48 BOOK 2957, PG 95 OF O.R. 10' PUBUC ST. A Unun EASEMENT PER HNAL MAP m 13-01 EXHIBIT "B" PR 13-55 SCALE: 7'=80' EXISTING 60' PUBUC STREET & UTIUTY EASEMENT PER mP NO. 1661 LEGEND: \n EASEMENT FOR CROSS LOT DRAINAGE & EASEMENT TO HOA FOR MAINTENANCEOF DRAINAGE FACIUTIES, SLOPE LANDSCAPING, AND RETAINING WAUS. 10' WIDE PRIVATE EASEMENT FOR CROSS LOT DRAINAGE ie EASEMENT TO HOA FOR MAINTENANCE OF DRAINAGE FACIUTIES GENERAL UTIUTY EASEMENT PER HNAL MAP FM 13-01 SHEET 1 OF 4 R. LUNDSTROM R.C.E 21245 EXHIBIT "B** BUENA VISTA 11, CT 13-01 COVENANT OF PRIVATE EASEMENTS EXHIBIT "B PR 13-55 SCALE: r=60' SHEET 2 OF 4 /R. LUNDSTROM R.C.E. 21245 EXHIBIT "B" BUENA VISTA 11, CT 13-01 COVENANT OF PRIVATE EASEMENTS EXHIBIT "B PR 13-55 SCALE\ 1 "=60" DETAIL "A' NO SCALE I 1 I /^SEE DETAIL A AT RIGHT SHEET 3 OF 4 JEFFrm'R. LUNDSTROM R.C.E 21245 EXHIBIT "B " BUENA VISTA 11, CT 13-01 COVENANT OF PRIVATE EASEMENTS EXHIBIT "B PR 13-55 SCALE: r'=60' LINE TABLE NO. BEARING LENGTH Ll N23-07'51"W 25.91' L2 N34'01'40"W 12.10' L3 N45-39'10'^ 3.47' L4 N23-07'51"W 2.21' L5 N3T30'51"W 21.83' L6 N33-55'54"W 6.03' L7 N74'48'31''W 17.72' L8 N34-01'40"W 24.34' L9 N04'08'55"W 13.45' Lll N50-41'27"W 66.45' L12 N86W'16"E 72.84' L13 Nay02'07"E 29.40' LU N19'48'29"W 30.42' L15 N20'06'43'y/ 19.55' L16 N8r34'l5'\if 20.74' L17 N30'21'59"W 7.86' L18 N2V30'46yj 70.25' L19 N72-31 'SCE 20.11' L20 N29-36'03"W 7.31' L21 N2r03'40"W 58.60' L22 N70'32'37''E 19.53' L23 N39'01'04"W 7.63' L24 N2r49'29"W 63.61' UNE TABLE NO. BEARING LENGTH L25 N65'J0'0S"f 20.98' L26 N34'54'48'^ 9.23' L27 N22-23'05"Vi 45.38' L28 AI69-J0'/0"f 21.69' L29 N62-J7'J8"f 56.06' L30 N52'43'56''E 25.04' L31 N47'26'J4"f 15.16' L32 N56'09'28''E 112.22' L33 A/JJ'55'54°IV 12.39' L34 N76-14'12''W 2.38' L35 N58-43'09''E 96.27' L36 N55-5S'20"f 22.95 L37 N34-02'39'^ 6.00' L38 N75-03'24'^ 6.42' L39 N3T30'12'W 0.33' L40 AI59'09'28T 10.02' L41 A/88'25'45'W 12.88' L42 N3T30'12'^ 29.31' L43 N88'25'45'W 10.00' L44 N0r34'f5"f 80.00' L45 Naa'25'45'W 74.17' L46 N0V34'15''E 10.00' L47 N88-25'45'W 2.95' L48 N33'56'05'y/ 73.59' CURVE TABLE NO. RADIUS DELTA LENGTH 01 20.00' SO'OO'OO" 27.93' C2 20.00' lOO'OO'OO" 34.91' C3 90.00' 08-55'J8" 14.02' 04 90.00' 02'09'20" 3.39' 05 49.00' 12'27'00" 10.65' 06 90.00' 22-31'19" 35.38' 07 90.00' 1T46'47' 27.93' 08 90.00' 04'44'J2" 7.45' 09 172.00' 74'42'06" 44.13' CIO 20.00' 54-2J'06" 18.98' CII 228.00' 05"J9'4r 22.53' C12 90.00' ir04'58' 17.41' 013 49.00' 96'J5'4J" 82.61' C14 49.00' 104'33'34'' 89.42' 015 228.00' 09-02'25'' 35.97' 016 49.00' 26-56'4r 23.04' C18 49.00' 4J'42'55'' 37.39' 019 13.40' J0r02'37" 23.63' C20 20.00' 29-02'? 7" 10.14' 021 10.60' 88*05'57" 16.30' 022 20.00' 25'50'J7" 9.02' C23 170.00' 14-42'06' 43.62' 024 88.00' 0rJ8'22" 2.52' 025 172.00' 00-27'5J" 0.39' SHEET 4 OF 4 LUNDSTROM R.C.E 21245 EXHIBIT "B BUENA VISTA 11, CT 13-01 COVENANT OF PRIVATE EASEMENTS CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant of Easement dated Januarv 31. 2014. from KLC BV Carlsbad. LLC, a California limited liabilitv companv. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No.NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 17. 2014 SHELLEY 00 .LINS, CMC Assistant City Clerk (SEAL);§