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Home My WebLink AboutCT 96-02; ; 2001-0176774; Covenant4073 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ROE * ~001~01?~~~~ MAR 27, 2001 9=46 Artj OFFICIAL REaRDs SAN DIEGO CouKly RECORDER’S OFFICE SPACE ABOVE THIS LINE FOR RECORDER’S USE ~~&&&gp$ ~~~~~EL NO. 2og~ogo~, o-oo ‘( _, ~( ,E ,( PFiOikT NO.’ & NAM-i: 209-060-59-00 CT 96-02 ,. A,L, .((, , /_(, ,: j ’ s’ T&f3 .J&xiqgs“;it Sun& ,.Cl’f& ,: ,, 1‘ PR’OD;%f ,: ;. I’, 2, ‘,_l:, : ,‘ : : ,:I. : ; glj 1 I I,_ p : (( ‘,‘ $ ;’ :$ : (’ ,. ij, $;i:,t~ L E>. 9 < j i fj’ * .- II :vl: ,: ‘3. ,s (,, ;~_j : /(“ ;,, ‘, COVENANT FOR EASEMENT 1,CGovernment Code Article 2.7 commencing ((1 i ‘,, with Section 65870 of Chapter 4,of Division 1 “Iif Title 7; CarlsbadWunjeipat Code Section 20.04.140) I ,i ‘f 3, 1 ~,; : ( & ,’ The Terraces at>‘Sunny Creek, LLC, a California Limited Liabtlity Cdmpany;‘Fh&inafer referred to & “Con&’ creates a covenant for easement for Q&purpose stated hereon; over, across and (upon the real prof&rty described in Exhibit “A”, for ‘the benefit of the’ broperty :o referred to in Exhjbit !“B”. This covenant for easement m,ay~$e released’only ~a&ording to the procedures establishe&‘by~ law if it is determined by ‘the City that the covenant %“‘no longer needed to achieve,the land u&goals of the City. This covenant for easement ,is required by a condition;$&proval for“Carlsbad Tract ,‘( ” number 96-02 issued, by ‘the, City ‘a”“Ca&b&d ‘for detieiopment located, on real property described in Exhibits “A” Andy’%“: I,:),:) : e.‘_g, , ) ,%‘_ The property burdened by this cover&for easemen& desci‘ibed as follows: ~. See Exhibit “A” attached hereto and made’s part hereof. Exhibit “B” is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit “C” attached hereto and made a part hereof. Exhibit “D” is provided for clarity only. This covenant for easement provides for private road purposes over, across and upon the burdened property for the benefit of the property benefited ar$ shall be enforceable by the City ’ -:i? &y.+ 1 MastersJFormslCovenant for Easement Rev. 4/28/97 4074 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: 4-~2-08 The Terraces at Sunny Creek LLC, A California Limited Liability Company, as Owner _) ‘,‘ -al $’ 3: 13 i ,,,, ‘,,, :,i i js ,I:_;_ ,,j::, ~Gi:j :( ,,) i 2); j/( ((~,I(:( j ‘,,,I ,’ ,j,(’ ;I% 13, ,‘, ::, ,:: : ,:, >L : :I, 1 3 NOTE THAi Tt& IdSIDENT OR VICE-PRESIDEhIT AND THE SECREThtY dR (,‘i’, 1’ ASSISTANT SECREThRY MUST SIGN FOR CORPORATE EXECUTIONSOF THi9 DOCUMENT. ALTERNATELY A TRUCE COPY OF A RESOLUTION OF THE BOARD;OF DIRECTORS THAT I$ SlGNl$D.eY THE SECRETARY OR ASSISThIT SECRETARY OF THE CORPORATION>, UNDER CORPORATESEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL~SIGNED’IN BEHALF OF THE CORPORATlOl’j WILL SHOW SUFFIGlENT AUTHORITY OF SAID ‘INDIVIDUA’L TO ACT IN THIS MATTER. “ ‘: IT IS RECOMM$iDEb:?HAT, PRldR TO THE EXECUTION OF THIS COVENkNT FOR EASEMENT, THE PA&TIES CdNSULT WITH TkElR ATTORNEYS WITH RESPECT THERETO. :- ; ,; 1: i :.‘ i :: ‘( : I Masters/Forms/Covenant for Easement Rev. 4/28/97 4075- State of California County of San Diego > On April 121 2OO&fore me Jeanette Taylor, Notary Public (Date) (Name, Title of Officer)’ personally appeared George Szabo, Jr. (Name[s] of Signer[s]) I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal *A-- -A JEANETT’E TA-g COMM.tl200276 NOTARY PlJBLlCCALlFORNlA 0 SAN DIEGO COUNTY 0 CDMY.EXP.OCT. 31,2002: Signadre of Notary (This area for official notary seal) Title or Type of Document Covenant for Easement Date of Document - No. of Pages 2 Signer(s) other than named above - . , -_ 4076 State of California County of San Diego ) On April 12, 2Of,&fore me Jeanette Taylor, Notary Public , (Date) (Name, Title of Officer)’ personally appeared William Park (Name[s] of Signer[s]) ~ personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Covenant for Easement - Date of Document No. of Pages 2 Signer(s) other than named above - II II 40?? 1469 LEGAL DESCRIPTION FOR COVENANT FOR EASEMENT BURDENED PROPERTY P. R. 00-30 C. T. 96-02 3-24-00 Page 1 of 1 EXHIBIT “A” A portion of Lot 10 of Carlsbad Tract No. 83-36, according to Map thereof No. 11242, filed in the Office of the County Recorder of San Diego County on May 23, 1985, and a portion of Lot B of the Ranch0 Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, described as follows: Commencing at the Southerly terminus of that certain course in the Boundary of said Map No. 11242 shown as North 22”53’11” East, 279.48 feet; along said Boundary North 22O53’11” East, 252.87 feet; thence leaving said Boundary South 47”27’35” East, 355.16 feet; thence South 82’45’06” East, 39.00 feet; thence South 25°51’OO” East, 70.46 feet to the True Point of Beginning; thence South 64”09’00” West, 93.60 feet to the beginning of a tangent 188.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 17”14’00” a distance of 56.55 feet; thence tangent to said curve South 81”23’00” West, 67.42 feet to the beginning of a tangent 88.00 foot radius curve concave Northeasterly; thence Southwesterly, Westerly and Northwesterly along the arc of said curve through a central angle of 36”26’04” a distance of 55.96 feet; thence tangent to said curve North 62°11’OO” West, 53.06 feet to the beginning of a tangent 57.00 foot radius curve concave Southerly; thence Northwesterly, Westerly and Southwesterly along the arc of said curve through a central angle of 55O25’44” a distance of 55.14 feet to a point of cusp with a 50.00 foot radius curve concave Southwesterly, a radial line to said point from said 50.00 foot radius curve bears North 31’12’02” East, thence leaving the arc of said 57.00 foot radius curve Southeasterly along the arc of said 50.00 foot radius curve through a central angle of 47’52’13” a distance of 41.77 feet to a point of cusp with a 30.00 foot radius curve concave Southerly, a radial line to said point from said 30.00 foot radius curve bears North 41’14’18” West; thence Northeasterly, Easterly and Southeasterly along the arc of said 30.00 foot radius curve through a central angle of 69”03’19” a distance of 36.16 feet; thence tangent to said curve South 62”ll’OO” East, 35.93 feet to the beginning of a tangent 112.00 foot radius curve concave Northerly; thence Southeasterly, Easterly and northeasterly along the arc of said curve through a central angle of 36’26’05” a distance of 71.22 feet; thence tangent to said curve North 81°23’OO” East, 67.42 feet to the beginning of a tangent 212.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 17°14’OO” a distance of 63.76 feet; thence tangent to said curve North 64°09’OO” East, 93.60 feet; thence at right angles North 25°51’OO” West, 24.00 feet to the True Point of Beginning. Said easement contains 9279 square feet. This legal description and plat attached hereto under my direction. %dO- /cs$Ez& Francis W. FitzpatriE L. S. 4539 and made apartof this document were prepared by me or License expires-Sept. 30,2002 c-r 86-02 MAP No. !L;r&O MA? No, -J-J242 REMAJNDER PARCEL REFERENCE CITY OF CARLSBAD TRACT NO. 96-02 174 ,.;,5- \ r, , // Q J. -.’ ,& r E 8 ‘, ,,tl~Q>. . . /p T$ d-k‘ j c&J t ,i, ” 1s. 45393 * Eiru * L )B ‘“\ ,p&y9-jb*tJ-$ Y$?$+&y LEGEND: INDICATES BURDENEO PARCEL t69\1469P 173RE SHEET 1 OF 1 SHEETS EASEMENT COVENANT - CITY OF CARLSBAD 4PPLICANT: THE TERRACES AT SUNNY CREEK PREPARED By: LLC EXHIBIT B A.P.N. 709~OSO- 10 1158 MARYLAND DRIVE [ygCi39W. F@P BURDENED PARCEL 209-080-59 VISTA, CA 92083 ATRICK (760) 639-6390 LiCkNSE EXP. g-30-2002 PR 00-30 1469 LEGAL DESCRIPTION FOR COVENANT FOR EASEMENT BENEFITED PROPERTY P. R. 00-30 C. T. 96-02 -179 3-24-00 Page 1 of 1 EXHIBIT “C” A portion of Lot 10 and a portion of the Remainder Parcel of Carlsbad Tract No. 83-36, according to Map thereof No. 11242, filed in the Office of the County Recorder of San Diego County on May 23, 1985, together with a portion of Lot B of the Ranch0 Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, in the City of Carlsbad, County of San Diego, State of California, described as follows: Beginning at the Southerly terminus of that certain course in the Boundary of said Map No. 11242 shown as North 22”53’11” East, 279.48 feet; along said Boundary North 22’53’11” East, 252.87 feet; thence leaving said Boundary South 47’27’35” East, 355.16 feet; thence South 82’45’06” East, 39.00 feet; thence South 25°51’OO” East, 70.46 feet; thence South 64°09’OO” West, 93.60 feet to the beginning of a tangent 188.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 17”14’00” a distance of 56.55 feet; thence tangent to said curve South 81°23’OO” West, 67.42 feet to the beginning of a tangent 88.00 foot radius curve concave Northeasterly; thence Southwesterly, Westerly and Northwesterly along the arc of said curve through a central angle of 36O26’04” a distance of 55.96 feet; thence tangent to said curve North 62°11’OO” West, 53.06 feet to the beginning of a tangent 57.00 foot radius curve concave Southerly; thence Northwesterly, Westerly and Southwesterly along the arc of said curve through a central angle of 55’25’44” a distance of 55.14 feet to a point of cusp with a 50.00 foot radius curve concave Southwesterly, a radial line to said point from said 50.00 foot radius curve bears North 31”12’02” East, thence leaving the arc of said 57.00 foot radius curve Northwesterly along the arc of said 50.00 foot radius curve through a central angle of 11’27’58” a distance of 10.00 feet to a point of reverse curvature with a 90.00 foot radius curve concave Northeasterly, a radial line through said point bears North 19’44’04” East; thence Northwesterly along the arc of said 90.00 foot radius curve through a central angle of 21’23’05” a distance of 33.59 feet to a point of reverse curvature with a 242.00 foot radius curve concave Southwesterly, a radial line through said point bears North 41°07’09” East; thence Northwesterly along the arc of said 242.00 foot radius curve through a central angle of 15°32’09” a distance of 65.62 feet to an intersection with a line that bears South 22’53’11” West from the Point of Beginning, a radial line to said intersection bears North 25°35’OO” East; thence leaving said curve North 22O53’11” East, 56.33 feet to the Point of Beginning Said parcel of land contains 2.048 acres This legal description and plat attached hereto under my direction. Francis W. Fitzpask L. S. 4539 License expires Sept. 30,2002 and made a part of this document were prepared by me or -4080 c-r 96-02 MAF’ No._l$Q&Q a VICINIM MAP NO SCALE REMAINDER PARCH. REFERENCE GIN OF CARLSBAD TRACT NO. 96-02 1469\1469P173 SHEET 1 OF 1 SHEETS EASEMENT COVENANT - CIlY OF CARLSBAD 9PPLICANT: THE TERRACES AT SUNNY CREEK PREPARED By: LLC F& ICI.. f-1 EXHIBIT D A.P.N. 209-090-l 0 1158 MARYIAND DRIVE VISTA. CA 92083 [y;jsgW. FITZl%TRICK BENEFITTED PARCEL 209-060-59 (760) 639-6390 LiCENSE EXP. 9-30-2002 PR 00-30