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Home My WebLink AboutCT 92-08; ; 2000-0362590; Covenant. ’ I r,’ *z ’ Recohed at the-&est of Chicago Tit16 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 2355 $q? - 4’.co DOG :: 2000-0362590 JUI- 5930 109 2000 3:23 PM OFFICIllL REms SAN DIEGO COUNTY F!EcIlRDER’S OFFICE GfifGOk” f.i41TH1 ~T~~~ . m * llul~llllll~lllillullwlwllllllluullllllul 2000-0362590 SPACE ABOVE THIS LINE FOR RECORDER’S USE ‘~~~~~~~~~~~AR~EL NO. pRo&#& N& a,N#hiWE: 255-o ,,-, o-oo PR 3.2.108 ‘i ,a, : ‘1,: Qgeedklley _ ~: fqiJ#$@: ~‘:;I ~:: I ; .i,‘ : ,,:,, ;$:( 1,‘ f “;( : ,__ ,.:‘lcl: Ii ,~) ,” ,i’ COVENANT FOR EASEMENT ‘l.:‘: $kvernment Code Article 2.7 commencing ,; ,$:;Fth Section 65870 of Chapter 4 of Division 1 ‘, of Title 7; Carlsbad ~Mwnidpal’Code Section 20.04.140) ’ ,’ 2 Continuing Lffe Communities, LLC., a California Limited Liability Company, ,hereinafter ‘, (, referred to as “OwneP.creates a covenant for easement for tho‘purpose stated hereon; over, across and upon the real propefty described in Exhibit “;k@ for the benefit of’ the ‘property ,, ‘.‘g’ referred to in Exhibif~%?+, This covenant for easement>may be released only according to the procedures established bfiaw if it is determined by the City that ths ctivenant is no longer needed to achieve the land’use goals of the City. This covenant for,easement is required by a condition of approval fur Carlsbad Tract :,( number 92-08 issued by the ‘(Xy ‘of Carlabad :~for development ,focated on real property :i :, ‘, ‘, 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 “C” is provided for clarity only. The property benefited by this covenant for easement is described as follows: 1 Masters/Forms/Covenant for Easement Rev. 4/28/97 \ , ‘* ,. a . 5931- See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for an easement for 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 :,_ “ : ” 1, [it t / t ,’ ji, : 3’: ‘,fl;‘::i‘is,‘, i $, 1‘; I-l,i,W zl; L easement shall be binding upon and th~%k~!&$~~~&&’ r%&tQnt for easement shall inure to the : 0,: ‘i’, iijI,‘ benefit of all successors in interest to the real pro~perty,, ,Q~‘ (( (t,:j, ;’ : j :,j j :L,j ’ :(’ _’ Dated: 5-~2&&& ,&! _j _(i : ,: ContinuingL;ife Communift#&,,LLC., a California Limi&.3 Liability C$rpany 1: ‘(, ,‘ ,, : ‘, P? ‘ )i’ ,_‘: (sign, here) i ‘_ _ij+*, , “ Ia ,( 7‘ L ,’ ,; ‘), “ ’ I,‘, Richard D. AschenbrenBfir, k&&&g Member ,,:o : ‘, a,,,, ‘3 (print ‘name here) ,,I ,:;* 1;; I ,~ : ,_()_ : (~1 ,, i :‘: j :/ ,:: ,,(’ g i ‘/‘, :‘I:,‘:, 4 (NOTARIACACI(~~~LEDGMENT oF EXEC&l(jN By owNe~~~UsT &y&y&$~ NOTE THAtirHE’P~RESIDE~r.!~R,VIO.E-PRESI~~NT AND TMS,&RETARy“6R ’ “ ASSISTANT sE@Rl&ARY MUST-$&k FOR CORPORATE EI@kJTIONS &Fi$~tSi DOCUMENT. Al$&F&kATELY A T&kE COP? OF A RESOLUTION OF TH@tiUARD OF DIRECTORS T);~!&T rs‘!#&4~~ BY *HE SECRETARY OR ASSISTANT~~~RI$~ARY OF THE CORPORATltiN, UND;l$R CO&ORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGhED IN 8EkkF OF THE CORPORATION WILL SHOW SUFF/C=IENT AUTHORITY OF SAID ldI$lVlDiJAL TO ACT IN THIS MATT$R. 2, (‘( IT IS RECOMMEND& THAT, PR~o#‘,To THE:‘~~&EC:UTION 0~ THIS &&NANT FOR EASEMENT, THE PARTIES CONSULT WITH’THEIR AriORNEYS~tilTti RESPECT THERETO. ~, (, ‘( L( _ :*l : ,~I: :q i : is, APPROVED AS TO FORM: /s’ I!@’ (( RONALD R. BALL :TJ&Ci& I Masters/Forms/Covenant for Easement Rev. 4l28197 5932’ State of California County of San Diego 1 On MaY 25, 2000 before me, Rosemary E. Massey, Notary Public--------- (Date) (Name, Title of Officer)’ personally appeared Richard D. Aschenbrenner --_-----_--_--3_--_-T________ (Name[s] of Signer[s]) -,--r3--r- -“-~‘---“3-‘7-~3--~---~------~-~--- t personally known to me 4R - c to be the person@whose name@+ @subscribed to the within instrument and acknowledged to me that @&&they- executed the same in @he&h& authorized capacitym and that by @h&their signaturefs) on the instrument the person+& or entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal Signature of l@&y / (This area for official notary seal) Title or Type of Document Covenant for Easement Date of Document May 25, 2000 No. of Pages 6 Signer(s) other than named above None COVENANT FOR EASEMENT LEGAL DESCRIPTION OF DRAINAGE EASEMENT EXHIBIT ‘A’ P.R. 3.2.108 THAT PORTION OF LOT 6, OF CITY OF CARLSBAD TRACT NO. 92-08, GREEN VALLEY, ACCORDING TO MAP THEREOF NO. 13 997, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DATED f-r@ l O@ ASFILENO.206O* 036rrB7 THREE UNIQUE EASEMENTS, 15.00 FEET WIDE, BEING 7.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: PARCEL ‘A’ BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY LINE OF SAID LOT 6; THENCE 1. NORTH 3 1’26’ 12” WEST 2. NORTH 89”05’33” EAST 3. NORTH OO”54’27” WEST 6. NORTH OO”54’27” WEST 246.93 FEET TO THE BEGINNING OF A TMGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 7. NORTHWESTERLY 70.75 FEET THROUGH A CENTRAL ANGLE OF 40”32’12”; THENCE TANGENT TO SAID CURVE 8. NORTH 4 l”26’39” WEST 9. NORTH 41”26’39” WEST 38.87FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE 59.59 FEET; THENCE 132.02 FEET TO A POINT BEING HEREINAFTER KNOWN AS POINT ‘A’; THENCE 109.79 FEET TO A POINT BEING HEREINAFTER KNOWN AS POINT ‘B ’ ; THENCE 50.54 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 6, SAID POINT BEING A POINT OF TERMINUS, SAID POINT ALSO BEING N53”19’4O”E, A DISTANCE OF 70.24’ FROM THE MOST WESTERLY CORNER OF SAID LOT 6. PARCEL ‘A-l’ BEGINNING AT SAID POINT ‘A’, THENCE 1. NORTH 89”05’33” EAST 85.00 FEET TO THE WESTERLY LINE OF SAID LOT 6, SAID POINT BEING A POINT OF TERMINUS, SAID POINT BEING NOO”54’27”W, 4.51’ FROM THE SOUTHEAST CORNER OF LOT 10 OF SAID CARLSBAD TRACT NO. 92-08. lOF2 BEGINNING AT SAID POINT ‘B’; THENCE 1. SOUTH 48”33’21” WEST 38.94 FEET TO A POINT OF TERMINUS. PARCEL ‘B’ BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 6; THENCE 1. SOUTH 36”40’20” EAST 29.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE 2. SOUTH 53”19’40” WEST 38.34 FEET TO A POINT OF TERMINUS. THE SIDELINES OF PARCEL ‘A’ AND ‘A-l” SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE WESTERLY AND NORTHERLY LINE OF SAID LOT 6. THE SIDELINES OF PARCEL ‘B’ SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID LOT 6. PREPARED BY: P&D CONSULTANTS LX 4830 LIC. EXP. 09/30/00 2OF2 5935 -- COVENANT FOR EASEMENT LEGAL DESCRIPTION OF DRAINAGE EASEMENT EXHIBIT ‘B’ P.R. 3.2.108 LOTS 5 AND 7 OF CITY OF CARLSBAD TRACT NO. 92-08, GREEN VALLEY ACCORDING TO MAP THEREOF NO. t 3 997 , AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTYDATED 7--(B-00 ASFILENO.Zoob- 0361 s;@v PREPARED BY: P&D CONSULTANTS LIC. EXP. 09/30/00 1 OF 1 PRVDRNZ.DOC A.P.N. 255-01 l-10 TRACT NO. 92-08 MAP NO. : 3 I I / I I L l- -- PAR. ‘A’ THE NORTHWESTERLY LINE LOT 4 THIS PLAT OF LOT 6. I I i I 1 lEGEN P&D CONSUL PANT3 401 M-ST -A’ SR?EE7: SUITE 2500 POB = POINT OF BEGINNING SIN WE@ CALJFcMNJA 92701 7ELE (619) 232-4466 FAX 234-3022 TPOB = TRUE POINT OF BEGINNING W2JECT NAME: REEN VALLEY CROSSINGS-COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES w u MU I PROJECT NO. P.R.32 108 - 5937 CERTIFICATION FOR ACCEPTANCE OF COVENANT OF EASEMENT This is to certify that the interest in real property conveyed by the Covenants of Easement dated May 25,200 Limited Liability Coma ., recordation th - G. 8% *I DATED: Jul unities, LLC, a California oration, is hereby t to Ordinance to the z Clerk