The URL can be used to link to this page

Home My WebLink AboutCT 88-03-02; REAL ESTATE COLLATERAL MANAGEMENT CO.; 1996-0636778; Covenant\ .+ :. I1 7 .h mI CAE TPrn DEPARTlnm RECORDING REQUESTED AND WHEN RECORDED 1892 $I 20-DEC-1996 121=$8 P ~- ~- . . - ciCFICIP,L RECORDS SA8 BIEGO ZOUHTY RECORDER'S OFFICE G&Grj$:Y S8ITH 9 COUHTj' RECJRfjER $:f : 12.00 FEE: 28, (!Q #: l,5= 00 1;: 1.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 ~.. ,,. .e - 4- , _r . 'i c-4- & SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSORS PARCEL NO. 255-041-19 PROJECT NO. & NAME: CT 88-03-2 ARROYO LA COSTA, UNIT NO. 2 Lots 479 and 484 I II I COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division I of Title 7; Carlsbad Municipal Code Section 20.04.140) Real Estate Collateral Management Company, A Delaware Corporation, 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 shall be automatically extinguished from title upon recordation of any easement agreement which provides for vehicular and pedestrian access to Lot 484, of Final Map No. '33% from Calle Barcelona 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, and which by its terms, supersedes this Covenant for Easement. This covenant for easement is required by a condition of approval for Tentative Subdivision < Map No. CT 88-03, issued by the City of Carlsbad for development located on real property described in Exhibits "A" and "B'. Agreements/AG-5.FRM REV 06/26/95 e 1892 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. This covenant for easement provides for vehicular and pedestrian access to Lot 484, of Final Map No. (%% from Calle Barcelona 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 succesors in interest to the property benefited by this covenant. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Agreements/AG-5.FRM REV 06/26/95 // i 0 I, 13 93 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: 1! cy4 Lje I Owner: Real Estate Collateral Management Company, A Delaware Corporation By: r CI (Print Wdme Here) dl& ppm.93-Y By: 5p,nV 6. &ILArs (Print Name Here) \I 1 LF 4ws tbb57' (Title and organization of signatory) (NOTARIAL 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. ALTER- NATELY 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 THE INDIVIDUAL SIGNING 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 THEREO. Approved as to form: RONALD R. BALL, City Attorney pqf?y ,- ' City Attorney Agreements/AG-5.FRM REV 06/26/95 /I I 0 0 1834 ACKNOWLEDGMENT STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss. On //[&y/qb I becSpre me,Vivian Mae Walt appeared dcLm~,s I??.d"kmpnd fs~zm 6, personally known to me (or'proved td me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within igstrument 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(s1 acted, executed the instrument. WITNESS my hand and official seal. fi u&dhe,\*/oJ Notary Public in and for said County and State [SEAL] 1 VMANMAEWALTERS t F COMM. # 1052531 2 Notav Public - Califomla f MY Comrn. Expires MAR 1,1999 1 z SAN DIEGO COUMY e @ 1 81.%~1974EXC.DoC, 11/19/96, AW Ad EXHIBIT 'A' ALL THAT PORTION OF LOT 479 AS SHOWN ON CARLSBAD TRACT NO. 88-03-2, ARROYO LA COSTA UNIT NO. 2, ACCORDING TO MAP THEREOF NO. [ 3 3g6 , ON FILE AT THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 479, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF CALLE BARCELONA AS DEDICATED PER DOCUMENT RECORDED b-20, 1996 AS DOCUMENT NO. f9qE"ob'5&77pF OFFICIAL RECORDS, ON FILE AT THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ALSO ON THE ARC OF A 2,292.00 FOOT RADIUS CURVE CONCAVE SOUTH- ERLY, A RADIAL TO SAID POINT BEARS NORTH 10'02'13" WEST; THENCE ALONG THE ARC OF SAID CURVE 1. WESTERLY 2. WESTERLY 71.79 FEET THROUGH A CENTRAL ANGLE OF 01O47'41" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 20.00 FEET THROUGH A CENTRAL ANGLE OF 00'30 ' 00"; THENCE LEAVING THE ARC OF SAID CURVE AND RIGHT-OF-WAY 3. NORTH 11°49'54" WEST 139.65 FEET TO THE SOUTHERLY LINE OF LOT 484 AS SHOWN ON SAID MAP I 3386 ; THENCE 4. NORTH 76°15'41" EAST 20.01 FEET ALONG SAID SOUTHERLY LINE; THENCE 5. SOUTH 11O49'54" EAST 140.23 FEET TO THE TRUE POINT OF BEGINNING. ATE 12/31/97 PAGE 4 OF 6 9 e 18@ LEG/11974EXB.DOC, 11/19/96, AW EXHIBIT IBr LOT 479 AS SHOWN ON CARLSBAD TmCT NO. 88-03-2, ARROYO LA COSTA UNIT NO. 2, ACCORDING TO MAP THEREOF NO. i 3386, ON FILE AT THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PAGE 5 OF 6 1897 s5cT‘loN -I 773s R4W S,a” CARLSBAD TRACT NO. 88-03-02 20’ COVENANT FOR EASEMENT I. 0 0 CERTIFtCATtON FOR ACCEPTANCE OF DEED 1898 . This is to certify that the interest in real property conveyed by the grant deed or easement, dated 11/27/96 , from Real Estate Collateral Management CO. to the City of ‘Carlsbad, ‘California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it’s duly authorized officer. DATED: December 19, 1996 r. istanc City- Clerk I