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Home My WebLink AboutCT 90-03; Continental Residential Inc; 2001-0257024; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2001-0257024 15140 APR 255. 2001 4:58 PM OFFICIErl RECORDS SM DIEGO COUEITY REWRDER'S OFFICE tiREGtW LfITH, ~~~~~R : . li#l~lIIIIIIwIuIIIIIIIyIuI#yIIIyI#IIIIIII~ll 2W-0257024 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 264-01 O-42 PROJECT NO. & NAME: CT 90-03 Shelley Property, Unit 3 PR 9942 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) Continental Residential, Inc., a California 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 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 Map number CT 90-03 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: 1 Masters/Forms/Covenant for Easement Rev 4/X3/97 See Exhibit “C” attached hereto and made a part hereof. This covenant for easement provides for private drainage 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: J&w 23, ZOOI Continental Residential, Inc., a California Corporation n/ Signature: Print name: DAV\D A. b-l-bklz, Title: V(LL PPES * (NOTARIAL ACKNOWLEDGMENT 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 TRUCE 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 SIGNED 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 THERETO. APPROVED AS TO FORM: 2 1 MasterslFormslCovenant for Easement Rev. 4/28/97 State of California ) ) ss. County of San Diego ) On January 23, 2001 before me, Toni Carter, Notary Public, personally appeared David A. Lother, of Continental Residential, Inc., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. SS my hand and official seal. TX Carter, Notary Public ’ EXHIBIT 'A' LEGAL DESCRIPTION CONVENANT OF EASEMENT FOR DRAINAGE PR 99-92 BEING A PORTION OF LOT 14, ACCORDING TO THE SUBDIVISION OF RANCH0 LAS ENCINITAS RECORDED AS MAP NO. 848, IN THE OFFICIAL RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, STATE OF CALIFORNIA, ALSO KNOWN AS PARCEL ‘B' OF THE CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT-ADJ 542 RECORDED JANUARY 27, 1999 AS DOCUMENT N0.1999-0046066 OFFICIAL RECORDS, MORE PAR- TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL ‘B', SAID POINT ALSO BEING AN ANGLE POINT IN THE WESTERLY BOUUNDARY OF LOT 196 OF RICE PROPERTY UNIT 2, MAP NO. 13399; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 'B' AND THE WESTERLY BOUNDARY OF SAID LOT 196, SOUTH 02"41'19" EAST 416.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE AND WESTERLY BOUNDARY 1. SOUTH 02"41'19" EAST 20.00 FEET; 2. SOUTH 87"18'26" WEST 154.52 FEET 3. NORTHERLY 5.97 FEET 4. NORTH 02"41'34" WEST 14.05 FEET; 5. NORTH 87"18'26" EAST 154.88 FEET CONTAINS 0.071 ACRES, MORE OR LESS. THENCE DEPARTING SAID EASTERLY LINE AND WESTERLY BOUNDARY TO A POINT ON 50.00 RADIUS CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 80"28'13" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06"50'13"; THENCE THENCE TO THE TRUE POINT OF BEGINNING. REX S?PLUMfiER 'DATE LS 6641 EXPIRATION DATE 12/31/03 T/TEMP~WP/1424CC~ESMT.DCC (12/4/@Oj RZP/TY PAGE 1 OF 1 PORllON OF LOT 14 OF lHE SUBDIblSlON OF RANCH0 LAS ENCINITAS RECORDED AS MAP NO. 848, IN lHE OFFiClAL RECORDS OF THE OFFilCE OF JHE COUNTY RECORDER OF SAN DIEGO COUNT,: IN ?HE CITY OF CARLSBAD, SAN DIEGO COUNT): STA lE W CALIFORNIA ALSO KNOW AS PARCEL ‘B’ OF CERllFi’CAlE OF COMPLIANCE FOR ADJUSTMENT PLAT-ADJ 542 DOC. NO. 1999-0046066 O.R. RECORDED l-27- 1999. -P?4mmms 264-010-42 PACI QC THE BASIS OF BEARINGS FOR THIS DRAMNG IS EASTERLY LINE OF SAID PARCEL ‘B’ OF THE CITY OF CARLSBAD CERllFlCAlE OF COMPLIANCE FOR ADJUSTMENT PLAT-ADJ 542. NO SCALE lNDlCA7ES COVENANT OF EASEMENT AREA= 0.071 ACRES P.O.C. = INDlCA TES PO/NT OF COMMENCEMENT lIP.0.B. = INDlCAlES TRUE POINT OF BEGINNING 0 = RECORD DATA PER MAP NO. 13399 EXHIBI T “B n COVENANT OF EASEMENT PLAT-CITY of CARLSBAD SEETlbF2 APPLICAN Tc DANIEL 7: SHELLEY PREPARED BX. PROJECT DESIGN CONSUL 7: 701 B SIREET I SAN DIEGO, CA 92121 APPROVZD BE an-- A.P.N. 264-010-42 CT 90-3 RfG NIL DAR I PR 99-92 ENGR\1424\MAPS\covenantfSMTl.DWG ._ .,’ 15145 I -3 N ,I1 I‘ Gj a 8 ‘*a .a1 l \ ::’ -9: <‘,: ’ . ‘r* -9: 1.0 ‘14 ‘-\ .-a ‘*a ‘14 b -9 ::: l -• ‘.* :,: +I-- N87’32’3O@E- 650.93’ CERTL’=XAIE OF COMPLIANCE FOR ADJLMMENT PLAT ADJ 642 SHEUEY LOT LINE ADJUSlMENl, CE 862 PARCEL ‘B DOG. No. 16’99-0046066 RECORDED j-29+999 -- -- r. c. . . r. . . r* c-c. ,JCIl ,,*, l-.C-, 8 8 na.4, .4 .d L* ,I ., . r. I ,. r, . r. -rr. . ..T . *,. ,.I. l , :, x ::: 9 2 ,‘: 8 L’ : ::A :, : #Y::. !:::-.: ::: 3 I ..‘. r !~‘~$RNER PCL ‘B’ & \ AP IN W’LY BNDY / \ g OF LOT 196 a fil / h 0 -1 / .=I #r-e 8 c-s, r.c...r.r-r.~*# ..CdC-I , c- . ,-crt lwt-w I I .a, ,L.&.‘.L. , # aa.4, L-8, # 8 / - ““‘- “*’ 3 , ,,o* t lOI I .,I .I 0 , , . . . .4 ::;a7 MAP , \. . . LINE BEARING DISTANCE Ll NO2’41’34”W 14.05’ CURVE1 DEL TA I RADIUS I LENGTH Cl i 06’50’13”l 50.00’ 1 5.97’ EXHIBJ T “B # I COKNANT OF EASEMENT PLAT-CITY OF CARLSBAD I SHEET2 W2 APPLICAN p PREPARED BE APPROVED BE A.P.N. PRO&CT DESIGN CONSULT: EG m DANIEL T. SHELLEY 264-010-42 701 B SlREET an+- CT 90-3 SAN DIEGO, CA 92121 lM7.r PR 99-92 ~NGR\1424\MAPS\covenantESMT2.dwg .c) // p o-.3 .* . . _’ I.5146 Page 1 of 2 Exhibit “C” Legal Description of Benefiting Property BEING A PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION~OF RANCH0 LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, S.TATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 14 NORTH 87O38'50" EAST 661.34 FEET (RECORD NORTH 87O11'20" EAST 661.65 FEET PER DEED RECORDED NOVEMBER 28, 1984 AS FILE NO. 84-443590 OF OFFICIAL RECORDS) TO AN ANGLE POINT ON THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WEIGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS; THENCE ALONG SAID BOUNDARY SOUTH 02O48'11" EAST 330.03 FEET (RECORD SOUTH 03014'40~~ EAST) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY 1. SOUTH 57O31'17" WEST 978.00 FEET; THENCE 2. SOUTH 8OO25'52" WEST 925.00 FEET TO A POINT ON THE CENTERLINE OF RANCH0 SANTA FE ROAD, ALSO KNOWN AS ROAD SURVEY NO 454-A, SAID POINT THE BEGINNING OF A NON-TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE To THE NORTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 57O44'23" WEST; THENCE ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE 3. SOUTHEASTERLY 73.18 FEET THROUGH A CENTRAL ANGLE OF 4"11'34"; THENCE 4. SOUTH 36O27'11" EAST 1250.58 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC OF SAID CURVE 5. SOUTHEASTERLY 312.57 FEET THROUGH A CENTRAL ANGLE OF 17O54'32"; THENCE 6. SOUTH 54“21'43" EAST 158.16 FEET TO AN ANGLE POINT, SAID ANGLE POINT BEING ALSO THE CENTERLINE INTERSECTION WITH AVENIDA LA POSTA AS MONUMENTED ACCORDING TO TRACT MAP NO. 3897-l FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY ON JANUARY 6, 1983, SAID POINT BEING ALSO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 21, 1992 AS DOCUMENT NO. 1992-0597007 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND 7. NORTH 35O37'19" EAST 106.96 FEET; THENCE LEAVING SAID LINE 8. NORTH 54='22'41" WEST 30.00 FEET; THENCE 9. NORTH 20°40'15" WEST 189.50 FEET; THENCE 10. NORTH 06“53'24" WEST 29.62 FEET TO THE BEGINNING OF A NGN-TANGENT 70.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 06O53'24" EAST; THENCE ALONG THE ARC OF SAID CURVE 11. WESTERLY, NORTHWESTERLY, AND NORTHERLY 96.61 FEET THROUGH A CENTRAL ANGLE OF 79OO4'30" TO THE BEGINNING OF A 50.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID REVERSE CURVE 12. NORTHERLY 20.56 FEET, THROUGH A CENTRAL ANGLE OF 23O33'23"; THENCE 13. NORTH 41O22'17" WEST 83.67 FEET; THENCE 14. NORTH 48'37'43" EAST 60.00 FEET; THENCE 15147 Page 2 of 2 Exhibit “C” Legal Description of Benefiting Property 15. NORTH 52"12'49" EAST 77.88 FEET; THENCE 16. NORTH 34O46'43" EAST 183.41 FEET; THENCE 17. NORTH 47O27'35" EAST 203.45 FEET; THENCE 18. NORTH 62"07'33" EAST 208.99 FEET, THENCE 19. NORTH 70"58'06" EAST 207.76 FEET; THENCE 20. NORTH 84“18'07" EAST 210.65 FEET; THENCE 21. SOUTH 85O38'47" EAST 281.53 FEET; THENCE 22. NORTH 82"29'19" EAST 108.01 FEET; THENCE 23. SOUTH 61OO2'09" EAST 162.27 FEET,TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF SAID LOT 14 AND THE EASTERLY LINE OF THE LANDS DESCRIBED IN SAID DEED RECORDED AS FILE NO. 84-443590 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE 24. NORTH 02"41'19" WEST 835.62 FEET; THENCE 25. SOUTH 87O32'30" WEST 650.93 FEET; THENCE 26. NORTH 02O48'11" WEST 330.03 FEET TO THE TRUE POINT OF BEGINNING. ‘*- . 4,./* . . ‘I - 15148 CONV-ESMT.TRV PR 99-92 CONV-ESMT CARLSBAD TRACT NO. 90-3 POB-NE CORNER PDC job # 1424.00 city W.O. # date : 10/12/00 NORTHING EASTING 1968688.4047 6259286.4255 1. line N 87d18'26" E 154.88 FEET 1968695.6811 6259441.1345 2. line S 2d41'19" E 20.00 FEET 1968675.7031 6259442.0726 3. line S 87d18'26" W 154.52 FEET 1968668.4437 6259287.7232 4. curve radius = 50.00 FT. radial bearing in S 80d28'13" W included angle 6d50'13" radial bearing out S 87d18'26" W arc-length 5.97 FT. tangent in N 9d31'47" W tangent out N 2d41'34" W 1968674.3726 6259287.0884 5. line N 2d41'34" W 14.05 FEET 1968688.4071 6259286.4284 MapCheck closure - (Uses listed courses, lengths, radii and deltas) misclosure : S 50d51'40" W perimeter = 349.42 EOP : 1 to 94438 area = 3097 SF = 0.071 acres 0.0037 FT. Page 1