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Home My WebLink AboutCT 96-02; ; 2001-0176776; Covenant, . 7 . . ‘4, . - RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 4095 DtlC - 2001417677fl II MAR 27, 2001 9:46 CSM oFfxIly RECDRDS S&l DIEM COMTY RECORDER’S OFFICE GREGORY $wH, tx.yTYYREcDRDER : . lHHHlll~lll~lnlllll~l AHHll~~llll 2001-0176776 SPACE ABOVE THIS LINE FOR RECORDER’S USE ::s I_,, ‘I :,!I ‘.;ASS~~~riR~~.~A~CEL NO. 209-090-04-00 ::; ~’ Pi3~~~~T N 6,~ ;## ‘NAMq: CT 96-02 Tt# reira6ei’a?t,Sunhy,CC~ek i & : ,~,, ,I: ,I“ : :,,: ‘( ‘iE:(:: 4,:‘s ‘;:;,, ‘,‘ 1 _:, ,::,‘: ‘I :,:i j ::, ‘i( ! :j:__z ;j i:i: zil : ,‘ ,;) &j!,~ :, (, ,“~I, : I: zLlr / :_, O( ! ,I &“ENANT FOREASEMENT ) r,, .(@overnment Code Article 2.7 commencing i#$th Section 65870 of Chapter 4 of Division 1 of,Title 7; Carlsbad Municipal Code Section 20.04.140) The Terra&& at ‘sunny Creek LLC, a California Limited Liability Comp’any, hhreinafter 1:: referred to as “Ov@r” creates a covenant for easement for ~the purpose stated hereon; over, s across and upon the’ real property described in Exhibit “A”” for’ the benefit of’ theil@operty ,,, ,, ,‘ referred to in Exhib/i’“@“:. .this covenant for ,eakement rilai be released kdl): according to the ‘, c i procedures es&&W&&$ law if it is determined “by the City that the covenant is’ no longer 2, : ,i needed to a&i&‘&~ l&ii ug$&&$y$ the City. p (:, _:(( This covenant for ‘easemenf”is @@red by & condition of approv&‘:for Carlsbad Tract I% j ,, 1, 3 ,: -~ /_ number 96-02 issued by the City of Carl&ad’ for development “located on real property described in Exhibits “A” and “C”. >’ ‘_ 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. 4/28/97 - 4096 See Exhibit “C” attached hereto and made a part hereof. This covenant for easement provides for private pedestrian access purposes over, I 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 be~~~t~Fii~~ii~S3yenant for easement shall inure to the :i(%((s.(_l :::( Lg:’ ~11 L benefit of all successors in interest‘toIt~e.:real property. ‘Ij f ‘, 1.: ’ ,, ‘33, ,( 1, ,( I’ ‘, (~; ‘E” ‘Ij:ij :, Dated: &,z-00 ,): I( II i ,( ~he~g#&&at’~&unny c(&l; L&, A Cal%orhia Lfmited Liabi‘lity Company, as Owner ),, ,,a ), (, ,, _:: I *” ,( I,:‘ ,L ‘/ ;_ ,‘ ,o,, 9 ,: ,,_, L .’ ,: (: )( ‘,,’ (( ~,, (, ” ; (:_ (( (- NOTE THAT’+& &&~I~~NT 0~ VICE-PRESIDENT AND THE SECRETARY @R, ASSISTANT SE‘&ET&&kJST SkN FOR CORPORATE EXECUTl&k!F:Ttii~ DOCUMENT. AtTERtjATEiY ~A TRUCE COPY dk A RE$OLlJT@N OF TFiE BOARD OF DIRECTORS THAT IS SI’GNED By THE SECRETARY 0~ ASSISTANT SECRETARY OF THE CORPORATldti, UNDER COR?qwTE SEAL SPECIF‘ICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHAL OF-THE’~‘CORPORAT1ON WILL SHOW’SUFFICIENT AUTHORITY OF SAID iNdli/lDUAL TO ACT IN iHIS MATTER. IT IS RECOMMENDED THAT, PRIOR io THC EJ&TlOl$~~‘ihlS COVENANT FOR EASEMENT, THE PARTIES CONSULT WlfH THEIR ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: I Masters/FormslCovenant for Ea%?ment Rev. 4/29/97 State of California County of San Diego ) On Apr. 12’ 2ooo before me, Jeanette Taylor, Notary Public (Date) (Name, Title of Officer)’ personally appeared George Szabo, Jr. (Name[s] of Signer[s]) X 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. MM.tl200276 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 Signer(s) other than named above - 2 . 4098 State of California County of San Diego 1 On Apr. 12, 2000 beforeme, Jeanette Taylor, Notary Public (Date) (Name, Title of Officer)’ personally appeared William Park (Name[s] of Signer[s]) c 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 SAN DIEGO COUNTY (Thrs 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 - 4099 1469 LEGAL DESCRIPTION FOR COVENANT FOR EASEMENT BURDENED PROPERTY P. R. 00-31 3-20-00 Page 1 of 1 EXHIBIT “A” (PEDESTRIAN EASEMENT) A portion of Lots 4 and 6 of Carlsbad Tract No. 83-36, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11242, filed in the Office of the County Recorder of said County on May 23, 1985, described as follows: Commencing at the intersection of the centerline of College Boulevard, as dedicated on said Map No. 11242, with the Northerly Boundary of said Map No. 11242; thence along said centerline South 22’49’22” West, 679.19 feet; thence at right angles South 67°10’38” East, 51.00 feet to the True Point of Beginning; thence continuing South 67°10’38“ East, 39.59 feet; thence South 76”34’42” East, 42.67 feet; thence North 58’25’18” East, 16.61 feet; thence South 73’55’00” East, 11.24 feet; thence North 50°35’OO” East, 6.07 feet; thence South 73°55’OO” East, 30.89 feet; thence South 61°21’40” East, 19.63 feet to a point in the arc of a 54.50 foot radius curve concave Northwesterly, a radial line to said point bears South 65”44’58” East; thence Southwesterly along the arc of said curve through a central angle of lO”31’44” a distance of 10.02 feet to a point in the arc of said curve to which a radial line bears South 55°13’13” East; thence leaving said curve North 61°21’40” West, 18.38 feet; thence North 73’55’00” West, 24.53 feet; thence South 50°35’OO” West, 6.07 feet; thence North 73°55’OO” West, 12.08 feet; thence South 58’25’18” West, 16.33 feet; thence North 76O34’42” West, 47.63 feet; thence North 67°10’38” West, 40.41 feet; thence North 22’49’22” East, 10.00 feet to the True Point of Beginning. Said easement contains 1662 square feet. This legal description and plat attached hereto and made a part of this document were prepared by me or under my direction. @. /qd Francis W. Fitzpatrick L. S. 4539 License expires Sept. 30,2002 . , - -- LOT -J-J 4100 MAP No, -1-1242 --- -p-p 0-p --G-7 g c= UZ 60 COD z COLLEGE BLVD. 4 7 E-F (P sg 2’ .A N22 T --- 10’ PEDESTRIAN \ EASEMENT \ I\/1 R P 6%?7’- A-- 6 / / I ?EFERENCE CITY OF CARLSEAD / TRACT NO. 96-02 SHEET 2 OF 2 SHEETS EASEMEP .__ .._. JT COVENANT - ‘PLICANT: THE TERRACES AT SUNNY CREEK PI LLC 469\1469DE4 1158 MARYLAND DRIVE VISTA, CA 92083 (760) 639-6390 z!N~~; LiCkNSE EXP. g-30-2002 Cl-W OF CARLSBA, EXHIBIT B PRIVATE PEDESTRIAN FASFMFNT -. .- -. . - . PR 00-31 A.P.N. 209-090-04 . - . . . 1469 LEGAL DESCRIPTION FOR COVENANT FOR EASEMENT BENEFITED PROPERTY P. R. 00-31 C. T. 96-02 3-14-00 Page 1 of 2 EXHIBIT “C” Lots 1 through 9 inclusive, 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: Commencing at the intersection of the Easterly Right of Way Line of College Boulevard (102.00 feet wide) with the Northerly Boundary of said Map No. 11242; thence along said Easterly Right of Way Line and it’s Southwesterly prolongation South 22’49’22” West, 165.17 feet to a point in the arc of a 25.00 foot radius curve concave Southeasterly and the True Point of Beginning, a radial line to said point bears North 67°10’38” West; thence leaving said Southwesterly prolongation clockwise along the arc of said curve through a central angle of 90°00’OO” a distance of 39.27 feet; thence tangent to said curve South 67O10’38” East, 226.14 feet to the beginning of a tangent 158.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 31°36’03” a distance of 89.63 feet to a point of reverse curvature with a 50.00 foot radius curve concave Northerly, a radial line to said point from said 50.00 foot radius curve bears South 55’19’34” West; thence counterclockwise along the arc of said 50.00 foot radius curve through a central angle of 120”46’25” a distance of 105.39 feet to a point of cusp with a 237.50 foot radius curve concave Southwesterly, a radial line to said point from said 237.50 foot radius curve bears North 65°44’50” East; thence Southeasterly along the arc of said 237.50 foot radius curve through a central angle of 15”32’54” a distance of 64.45 feet to a point in the arc of said curve to which a radial line bears North 8 l”17’44” East; thence leaving said curve South 50’23’08” East, 32.58 feet; thence North 87°56’OO” East, 215.73 feet to the beginning of a tangent 523.50 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 10°24’53” a distance of 95.16 feet to a point in the arc of said curve to which a radial line bears North 08”20’53” East; thence 4102 Page 2 of 2 leaving said curve North 10”11’00” East, 38.50 feet; thence North 33’43’20” West, 20.91 feet, thence North lo”1 1’00” East, 27.00 feet; thence North 55°24’29” East, 67.62 feet; thence North 85”06’08” East, 30.87 feet; thence South 72°15’OO” East, 61.73 feet; thence South 88°57’OO” East, 99.26 feet; thence South 83”41’00” East, 141.32 feet; thence South 72’23’22” East, 66.27 feet; thence South 51°51’30” East, 246.42 feet; thence South OO”58’OO” East, 59.51 feet: thence South 30°17’OO” East, 184.06 feet; thence South 85O46’44” East, 27.96 feet; thence South 27°56’45” East, 55.50 feet; thence South 1 l”06’22” East, 63.25 feet; thence South 30”17’00” East, 109.31 feet; thence South 22”32’12” East, 57.33 feet; thence South 38°47’09” East, 65.94 feet; thence South 76°03’19” East, 101.50 feet to the East Boundary of the Remainder Parcel as shown on said Map No. 11242; Thence along said Boundary thence South 20’49’45” West, 550.70 feet to a point in the arc of an 1863.00 foot radius curve concave Southwesterly, a radial line to said point bears North 36’12’15” East; thence Northwesterly along the arc of said curve through a central angle of 20°43’58” a distance of 674.14 feet; thence tangent to said curve North 74”31’43” West, 917.75 feet; thence North 69°56’OO” West, 97.59 feet; thence North 72°30’OO” West, 18.58 feet to a point in the arc of a non-tangent 1932.00 foot radius curve concave Northeasterly, a radial line to said point bears South 18°54’33” West; thence Northwesterly along the arc of said curve through a central angle of 07°38’11” a distance of 257.49 feet to a point of compound curvature with a 25.00 foot radius curve concave Northeasterly, a radial line to said point from said 25.00 foot radius curve bears South 26O32’44” West; thence clockwise along the arc of said curve through a central angle of 86’16’38” a distance of 37.65 feet; thence North 22O49’22” East, 704.95 feet to the True Point of Beginning. Said parcel of land contains 34.959 acres This legal description and plat attached hereto and made a part of this document prepared by me or under my direction. FA&.& Francis W. Fitzpzick L. S. 4539 License expires Sept. 30,2002 were . .- . . . * 4lOf-- AGUA HEDloNDA PER R. OF 6, 5-J7 REFERENCE CITY OF CARLSBAO TRACT NO. 96-02 1158 MARYIANO DRNE VISTA, CA 92083