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Home My WebLink AboutCT 88-03-02; Villages Of La Costa Southwest, LLC; 1998-0388817; Covenant. - . . . * / \ - RECORDED REQUES’A 1; First American Title SUBDIVISION MAPPING DEFT. WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 . .._ i_7 . .._. -~r.F> ..,c?:?. $-ii;,.< .:-- ..A. _ i.i:r.” i ~,‘i;hl i’ ‘,-j~:.: “I, !ii”;~ vi’;’ ,. :.!y’.c.; :.>:,::,.l I! ‘l,iy. ;.y .:&, \ ,.i ;!“-~.i-“;,~~ ! ~ I~“yi-:i:: : $ I : ,_... :..j:--,-3 p :; .: >.,;s ,_.. b, p’ ?‘;‘.,..‘- i -q-z; i,, Ti; >~r?.y:y,> i_ .-\-; : .!; 3 ,.,, ;,,: : R’ S?C?... i* .iiiri ., “‘ ‘.-[;E’t - :T; ..-. <‘. :,.::, j ( {jl$j I IllIll II111 Slll III III l~~~~~~~~~~~llllllllll Ill1 lllll Ill1 Ill SPACE ABOVE THIS LINE FOR RECORDER’S USE * j&tj&g$~~~#$~~p~~~~~ ~0, 255-273-05 PROJECT NO. & NAIWE: CT 88-03-2 ARRQ?I‘O LA@STA, UN!?/ ~fdO.2 Ii PARCEL “A” 8 @fjJj COVENANT FOR EASEMENT ,“[@overnment Code Article 2.7 commencing .v$ith Section 65870 of Chapter 4 of Division 1 &Title 7; Carlsbad Municipal Code Section 20.04.140) : .: Villages of La’ Costa Southwest, LLC, hereinafter referred to as “Owner” ,creates a covenant for easement for the purpose stated hereon; over, acrtltss and upon the real’,@-operty described in Exhibit “A” for the benefit of the property referred to in Exhibit “B”. This covenant tor 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 Subdivision Map No. 88-03 ahd’Certificate of Compliance 822 and 823, 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: A 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 foll 1 ‘i Maste&Forms/Covew.ni for Easement Rev. 4/28/97 l-7< 117 - 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 Parcel “B”, of Certificate of Compliance 823 (ADJ No. 521) 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. ~. ,-; .- :‘;:x, 1 ‘-); ., : :ib :, i ‘.) ,s: I This covenant for easement sh&t~X$~ with the’fand, and tbe’kurdens of the covenant for 3. (. easement shall be bjnd~~g:‘ir~on and~~l‘~~nefit ~~~t~~:~~~vQ~ant’for!~as~~~ht shall inure to the benefit of all succ&c)r$~‘jn ‘t&re,c## Dated: 2, (,‘( (5 iii _, ‘t i *:;c(‘_ (NOTARIk&:‘ii~@+‘#LEDGMENT Oi EXE NOTE THAT T@?&S,DENT QR VtCE-PRESiDkNi AND‘%HE 4bECRETARY:OR “ “‘: ASSISTANT SEi=REI%RY t&ST SIGN FOR CORPORATE EkECUTJONS OF %iIS: DOCUMENT. ALTlhATELY A TRUCE COPY OF A RESO;LUTtON OF THE BOhD OF DIRECTORS THAT tS SIGNED BY THE SECRETARY OR ASSISTANT SEFRET4R-k OF THE CORPORATION,~UNDER CORPORATE SEAL SPECIFICALLY EMPqWEfJlN$i THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFl+ENT AUTHORITY OF@AID lNRlVtDl+ TO ACT IN THIS MATTER.: IT Is RECoMMENb;~D,;$$~~~ P’&R $6.THE U<ECUT,QN:.d;~:THIS COqg&NT FOR EASEMENT, THE PAlhtES~iONSULT Vi!iiibi T‘HEIR AITORNEk WliH’kiSPECT THERETO. (,(! ‘( “‘_ *: _ ‘, i APPROVED AS TO FORM: j‘ ,/ : L, ‘Ii ,T, ! I (j-2 (( ‘~(~, j bi,,’ ,I’,, l_, ‘_’ (.’ ,:,, ~(( ’ / t-:_i :I i i : ]_, {‘i “’ L y_: : ,, .j’ 2 3 ,:‘l _,’ (~ RONALD R. BALL City Attorney 2 I MastersiFomW3venant for Easement Rev. 4R9l97 , - .- 118 L ACKNOWLEDGMENT STATE OF CALIFORNIA 1 ss. COUNTY OF SAN DIEGO 1 On 515198 before me, Vivian Mae Walters, personally appeared James'M. Jackson and James C. Berry personally known to me to be the persons whose names are &scribed 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. . ial seal. VMAN MAE WALTERS I COMM. + la52531 Notary Public - California I SAN DIEGO COUNTY ~ My Comm. Expires MAR 1.1999 119 - EXHIBIT 'A' sh LEG/11979LA.DOC, Z/17/98, TY ALL THAT ‘PORTION 0F LOT 479 OF CARLSBAD TRACT NO. 88-03-2, ARROYO LA COSTA UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOR- NIA, ACCORDING TO MAP THEREOF NO. 13386, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON DECEMBER 20, 1996, BEING MORE PARTICULARLY DE- SCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 479, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF CALLE BARCELONA AS DEDICATED PER DOCUMENT RE- CORDED DECEMBER 20, 1996 AS DOCUMENT NO. 1996-0636773 OF OFFICAL 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.OO FOOT RADIUS CURVE CONCAVE SOUTH- ERLY, A RADIAL TO SAID POINT BEARS NORTH 21'06'36" WEST; THENCE ALONG THE ARC OF SAID CURVE 1. EASTERLY 215.14 FEET THROUGH A CENTRAL ANGLE OF 05'22'41" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 2. EASTERLY 20.00 FEET THROUGH A CENTRAL ANGLE OF 00"30'00"; THENCE LEAVING THE ARC OF SAID CURVE AND RIGHT-OF-WAY 3. NORTH 14"00'51" WEST 93.42 FEET; THENCE 4. SOUTH 75'59'09" WEST 20.00 FEET; THENCE 5. SOUTH 14°00'51" EAST 93.93 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.043 ACRE MORE OR LESS. NOLD L. WHITE, JR. , ' DATE LS 7430 EXPIRATION DATE 12/31/01 PAGE 1 OF 1 4. : LEG/11979EXB.LXC, 5/T/98, TY 5d EXHIBIT 'B' ALL THAT PORTION OF LOT 479 AND LOT 484 OF CARLSBAD TRACT NO. 88-03-2, ARROYO LA COSTA UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 13386, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON DECEMBER 20, 1996, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST TERMINUS OF THE COURSE THAT BEARS NORTH 53'10'20" EAST IN THE NORTHWEST LINE OF SAID LOT 479, SAID POINT BEING THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID BEGINNING BEARS SOUTH 36"49'40" EAST; THENCE ALONG THE ARC OF SAID CURVE AND SAID NORTHWEST LINE OF SAID LOT 479 1. NORTHEASTERLY 71.25 FEET 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. SOUTHEASTERLY AND EASTERLY NORTH 75"58'29" EAST SOUTH 14°00'51" EAST SOUTH 75'59'09" WEST NORTH 59'00'51" WEST NORTH 18°11'09" WEST SOUTH 71'48'51" WEST NORTH 18"11'09" WEST NORTH 51°55'10" EAST SOUTH 59"00'51" EAST NORTH 52'12'40" EAST 62.52 FEET 15.58 FEET; 115.46 FEET; 138.38 FEET; 37.61 FEET; 20.96 FEET; 49.61 FEET; 20.40 FEET; 73.13 FEET; 7.28 FEET; THROUGH A CENTRAL ANGLE OF 06"16'50" TO THE BEGINNING OF A NON-TANGENT 66.79 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID BEGINNING BEARS SOUTH 39'36'52" WEST; THENCE LEAVING SAID NORTHWEST LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53'37'43"; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE 10.00 FEET; THENCE PAGE 1 OF 2 0 .. .: - 121 LEG/11979EXB.WC, 5/7/98, TY 13. NORTH 04'50'39" WEST 18.77 FEET TO THE POINT OF BEGINNING. CONTAINS 0.475 ACRE MORE OR LESS. ARNOLD L. WHITE I 'DATE LS 7430 EXPIRATION DATE 12/31/01 PAGE 2 OF 2 8 .,.c ‘8 c 122 - : * , ’ I I ( 3 -I C&y-~ II - I FM cl No, $2 1 J L LJ’ MAP JY 0, c 3 PKWVXU AU/U3 JtlJ PARCEL LINE - s FOR EASEMENT 20’ IWilE COVENANT ’ v=uu--sc 31 ‘IlO ’ I ARNOLD L. WHITE JR. h. 7430 I ) MY REGISTRATION EXPIRES 12/31/2001 DATE w,$; ‘Ii\ ct’l \ . , \ FILE: 1197EXHC.DWG