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Home My WebLink AboutCT 81-10; LARWIN-ROSEDALE PROPERTIES; 90-014537; Covenant< RECORDING REQUESTED 1 % City of Carl sbad a ) 1 313, 014@7 i # ,r WHEN RECORDED MAIL TO: City of Carlsbad 1 1200 Elm Avenue 1 . (2E L * 7 J8.g - 9 pb! 1: z3 Carl s bad, Cal i forni a 92008 1 &a F@ ! 'I 1 2320 ') , ." - I ." " , 2.': ;;ORIJEU IN , . , ,-,.--. .E;~'qc.c~f?,[y~ City Clerk : ; ! L, ."" .. i l.r ;"$%;;::GO i::OU.H.TY.L.;:r i . 1 j/E'!A &&Y&.E ! ''P*iM3 . COVENANT FOR EASEMEN;- (Government Code Arti cl e 2.7 commencing with Section.65870 of Chapter 4 of Division 1 of Title 7; Carqsbad Municipal Code Section 20.04.140) & Larwfn-Rosedale Propertjes hereinafter ' referred to as Owner creates a covenant for easement for the purpose stated hereon; over, across and upon the real property described in Exhi bit "A" for the benefit of the property referred to in Exhi bit "B'l. This covenant for easement may be re1 eased only according lo the procedures established by 3 aw if it j.s determined by the City that the covenant is no 1 anger needed to achieve the land use goals of the City. This covenant for easement is required by a condition of approval for a Grading Permit Number PE 2.89.30 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 fol 1 ows : See Exhi bSt "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 f0,llows: See Exhi bit lr611 attached hereto and made a part hereof * Exhi bit 'IC" is provided for clarity only. This covenant for easement provides for non-exclusive access easement over', - across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City, by the Owner of the property benefited and by the successors in interest to the property benefited by this covenant. Maintenance of these non-exclusive access areas shall be the responsibility (u fl3 . 2321 a * of the underlying fee title owners of the property.. This covenant for easement shall run wjth the 1 and, and the burdens of the covenant of easement shall be. bindSng upon and the benefit of the' covenant of easement shall inure to the benefit of all successors in interest to the real property. Dated: LARNIN-RDSEDALE PROPERTIES A Cal i forn i a general partnership By: K-L Properties, Ltd. a CalSfornia limited partnership, General Partner General Partner By: Rosedale Properties, Ltd., a Ca'lifornia By: Rosedale Properties, Inc., a Cal Sfornia ljrnited partnership, General Partner Corporat?on, Genera? Partner 4 By : (NQTARIAL ACKNOWLEDGEMENT 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 TRUE 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 ME INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN MIS MATTER. IT IS RECOfrlMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, I THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: a e _- VINCENT F. BIONDO, JR., City Attorne (2.22- i% ' PP 2.3.33 a 0 TO 1954 CA (9-84) CAT. NO. NNO0636 232;3 (Corporation as a Partner of a Partnership) k a TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF 05 fldh-ga } =* t On NO !/gflFjm A-?, /4s7 , a Notary Public in and for said State, personally appeared ' j 'A y personally known to me to be the person who executed ; the within instrument as the President, and i to be the ason who ex cuted the within iqstrument as the ~----"--""--" --- Secretary of pe "17.11_..F.l W "" personally known to me or proved to me on the basis of satisfactory evidence .L9?kw/AI FAOPErn 3 i E( iNL. : ... """xzsz&' " "-S;".*L-*:-&Z, the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand d official seal. Signature A+ fD (This area for official notarial seal) ,,p IJ J+/ \bulyuIauuu a> a I a1 LIIFL VI a ~~LLIIC~III~J v " . .~"I I I I9 " .. W". I. .I '1" t W I 5 W i 2 PD 1 ~ STATE OF CALI ORNIA COUNTY OF b& .&&'6&& 1 =* ctory-evidence-to be the person who executed the within instrument as the President, and - "" proved to me on the basis of satisfactory evidence the -, Secretary of r in instrument, on I *ZH LTb' I -~ . ~ the partnership that executed 5 fi3r~4:3a :~~,~~~~~:.~~~~~~~~~~~~~?~-~ the within instrument, and acknowledged to me that such such partnership execu d the same. 9 b-~+''." corporation executed the same as such partner and that ,E J*S*..-T.;.+~~~ WITNESS my hand &official seal. /2 ,@ y &X%& r cac i 4 -s",ei-: a',.. **;e/ &&g+' *id"-c?.. ' ?ab ;x ,?A ;< F*>;@;yj d F,\p& I, QK@<H .&22, su,s,/; p~j~,;~~~ i< P f! ;~E.byiL(r, ~ p&!$c*&,;;;?s;"$c 2 kb* p:@w itc E,. 9. ., . :j' L c. na. <-pv.q+ *p p,.-i?(..- 5 -q <'&, ref?h%".&. c2,;:;;':" tv'y LG2 2 2; :,*a*:&, I 5+.: hP '. 2 1 $ w,,w &g& 3,? $53 3 //f i" 44 Signature 477?/ /57&5+P* 1 E=semz="T-+r~=~=;z~~ 9 (This area for official notarid seal) \ I' ,' 0 2323 EXBIBIT "A" ZtEGAZI DESCRIP!CION c PK 235.33 > 24' WIDE NON-EXCLUSIVE ACCESS EASEMENT A PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT No. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING OF SAN DIEGO COU'NTYt FEBRUARY 18, 1982 AND A PORTION OF Lolls 18 AND 19 TO MAP THEREOF NO. 10330, FILED IN TEE OFFICE OF THE COUNTY RECORDER OF CARLSEAD TRACT NO. 81-10? UNIT NO. I? IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDXNG TO MAP THEREOF NO- 10330, FILED XN THE OFFICE OF THE COUNTY RECOkDER OF SAM DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO, 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO* 89-496669 OF OFFICIAL RECORRS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH LYING. 12 FEET, MEASURED AT RIGHT ANGLES AND PARALLEL TO, AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENERLINE: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID' LOT 16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTWWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 2*21'10", AM ARC DISTANCE OF 22.01 FEET TO THE TRUE POINT OF BEGXHNING. THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LINE SOUTH 5P446'50" EAST, 23.64 F.EET TO THE BEGINNING OF A TANGENT 24-00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°52'27", AN ARC DISTANCE OF 13-35 FEET TO A POINT OF REVERSE CURVATURE WITH A 72.00 FOOT RADlUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE THROUGI A CENTRAL ANGLE OF 3@32*51"'t AN ARC DISTANCE OF 43.41 FEET; THENCE SOUTH 54°27'14n EASTr 209.51 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT WDIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OP 44O 08'35"r AN ARC DISTANCE OF 23.11 FEET; THENCE SOUTH 10*18'39" EAST, 344.66 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'OO", AN ARC DISTANCE OF 62.83 FEET: THENCE SOUTH 79'41'21" WEST, 224.98 FEET TO THE BEGINNING OF A TAN,GENT 63.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 460U0'49"r AN ARC DISTANCE OF 50.59 FEET; THENCE SOUTH 33040'32" WEST, 44.95 FEET TO THE BEGINNING OF A 53+00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCESOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 4(i000'49", AN ARC DISTANCE OF 42.56 FEET; THENCE SOUTH 79°41'21" WEST, 548.60 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY, WESTERLY AND NORTIjWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF goo 00'00", AN ARC DISTANCE OF 78.54 FEET; THENCE NORTH 10018'39" WEST, sH=T I of= 2" 0 2324 . .J.13,90 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86°14'54"r FEET TO THE BEGINNING OF A TANGENT $3.00 FOOT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 30*49150nr AN ARC DISTANCE OF 33.90 FEET: THENCE NORTH 45°0$125" EAST, 2.63 FEET TO A POINT ON THE SOUTHWESTERLY RIGkXI" OF-WAY OF PASCAL COURT AND THE POXN!l! OF TERWIMTION, CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, NORTHERLY AND AN ARC DISTANCE OF 75-27 FEET; THENCE NORTH 75O56'1.5" EAST, 132.36 THE SIDELINES OF SAID 24' WLPE STRLP QF LAND TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND TO TERMINATE AT sAm RIGHT-OF-WAY LINES AND PROPERTY LINES, . ." ' stfT2q=z e 2325 ~, 4 EXHSBIT "6 'I LEGAL DESCRIPTION ('P 2.3*33) PARCEL 1 LOT 16 OF CARLSBAD TRACT NO. 8l*lO, UNIT NO. I, IN THE CITY OF CARLSBAD, COUNTY OF SAN'DXEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TUEREOF NO, 10330, FILED IN THE OFFXCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY' 18, 1982. PARCEL. 2 LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF THEREOF NO. 10330, FXLED IN THE OFFXCE OF THE COUNTY RECORDER OF SAN DXEGO-COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT PLAT NO. 372 AND RECORDED AS CE 539 OM SEPTEMBER 14, 1989 AS FILE NO, 89-496669 OF OFFICIAL RECORDS. CARLSBAD, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP .. .* sa I^ 0 EXHIBIT Y'' &s PLAT FOR NON-EXCLUSIVE RECIPROCAL ACCESS EASEMENT IN ME CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. b tvIAP ? 0330 &.+"?.?at.\, cp;\ qsg~ ESZj(;zG\ N107 8'39'W 44.39 E;2y&y =\, 7b Ei L X) d u/& ' .pr * /.\. /.A? 4 pi ' 'e OF cg $2. py 01: !S,'!3 DETAIL "A" CONRAD C. HAMMANN R.C.E. 33069 MY REGISTRATION EXPIRES 6/30/90 -" U" NO SCALE BRIAN SMITH ENGINEERS. INC. ROJECT NAME: I PROJECT NO. I EXHIBIT CARLSBAD RESEARCH CENTER PE 2.89.30 PD 343 P.R. 2.3.33 u c tl 6 '* '8 * 232 p CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated November 13, 1989 , from Larwin-Rosedale Properties ....................... to the City of Carlsbad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. 89-441 , adopted on December 19, 1989 9 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 21, 1989 BY: * * [x.. &7”3- .& [;,<,’ < , , . a-6 ,+fi * ?* I i ., ,‘ ..