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Home My WebLink AboutCT 98-23; ; 2001-0512666; Covenant2001-0512666 RECORDING REQUESTED BY w iC+‘7nU WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 216-310-09-I 0 PROJECT NO. & NAME: CT 98-23 502 y DOC # 2001-0512666 .JUL 24s 2001 10:42 AM mmL f?BnDs MN mu CouIlly Rl3mDER’S mm lauRykEi!Fma T!Go- : . ( .- La Costa Greens PR 00433 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) Pacific Beach Development LLC, a California limited liability company, 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 98-23 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 “C” is provided for clarity only. The property benefited by this covenant for easement is described as follows: 1 %*$, MasterslFormslCovenant for Easement .;, Rev. 4l28l97 5843 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for private drainage and private sewer 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. I 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: Pacific Beach Development LLC, A California limited liability company , Signature Print name: Michael E. Turk Print name: Title: Title: (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: RONAL R. BALL % City Atto ey 2 1 Masters/Forms/Covenant for Easement Rev. 4/28/97 ~’ ‘.. 5844 c -(gs§§-- . State of California County of San Diego 1 On /J- G-L,&OO before me, (Date) personally appeared H (Name[s] of Signer[s]) ~ 0 personally known to me -OR - 0 (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 Date of Document No. of Pages Signer(s) other than named above Masters/Forms/Covenant for Easement 3 Rev. 4/28197 . 5845 IT A . . for Easmgm$ for PnvW Demand Sewer All that certain real property situated in Lots 9 and 10 of La Costa Greens, according to Map No. 6708, in the County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 18, 1970, described as follows: Commencing at the Northwest Comer of said Lot 10, thence along the Westerly line of said Lot 10 South 00*12’00” West 56.36 Feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line of Lot 10 North 87*27’45” East 107.53 Feet, thence North 29052’26” West 27.74 Feet; thence North 60*07’34” East 10.00 Feet; thence South 29*52’26” East 3 1.20 Feet; thence North 63*01’33” East 49.69 Feet; thence North 77*5 1’41” East 15.34 Feet; thence South 00*12’00” West 44.68 Feet; thence South 87027’45” West 130.13 Feet; thence North 00*12’00” East 10.01 Feet; thence South 87027’45” West 37.04 Feet, to a point which bears normal to said Westerly line of Lot 10 South 89*48’00” East 10.00 Feet; thence parallel and 10.00 feet distant therefrom said Westerly line of Lot 10 South 00*12’OO’W 85.60 Feet, being tangent to a 195 .OO Foot radius curve concave easterly; thence along said curve through a central angle of 5*52’09” an arc distance of 19.97 Feet to a point which bears radial South 84*19’5 1” West from the radius point of said 195.00 Foot radius curve and which bears radial North 50*50’38” West from the radius point of a 30.50 Foot radius curve concave Southeasterly; thence Southwesterly along said 30.50 Foot radius curve through a central angle of 29*54’05” an arc distance of 15.92 Feet to a point which bears radial North 80*44’43” West from the radius point of said 30.50 Foot radius curve; thence leaving said 30.50 foot radius curve South 87*54’34” West 4.62 Feet to a point on said Westerly line of Lot 10; thence along said westerly line of Lot 10 North 00*12’00” East 129.64 Feet to the TRUE POINT OF BEGINNING. CONTAINS 0.125 ACRES 5846 Exhibit B Ben&ted Property Legal Description: LOTS 9 AND 10 OF LA COSTA GREENS, IN THE CITY,OF CARLSBAD, IN THg COUNTY OF SAN DIBGO, STATE OF ChLIFORNIA, ACCORDING To MAP THEREOF NO. 6708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CODNTY, hGtJST 18, 1970. Page 1 of 1 5847 Lbt Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 11/6/2000 Drawing: SD-Sew-esmt.dwg ------_--------------------------------------------- Storm Drain and sewer Easement --_--------- Bearing Distance Northing ----------me -a-------- ---D------w--- 10416.502 N 87027'45" E 107.53 10421.262 N 29052'26" W 27.74 10445.313 N 60007'34" E 10.00 10450.294 S 29052'26" E 31.20 10423.243 N 63001'33" E 49.69 10445.781 N 77051'41" E 15.34 10449.006 s 00012'00" w 44.68 10404.323 S 87027'45" W 130.13 10398.562 N 00012'00" E 10.01 10408.574 S 87027'45" W 37.04 10406.934 s 00012'00" w 85.60 10321.333 ------------ ** Horizontal Curve: S 02044'04" E 19.97 10301.390 S 89048'00" E 195.00 10320.653 PC-rp Delta: 5052 ' 09" Radius: 195.000 Length: 19.975 Tangent: 9.996 S 84019'51" W 195.00 10301.390 rp-pt ---_----___- ----_---__-- ** Horizontal Curve: S 24012'20" W 15.74 10287.036 S 50050'38" E 30.50 10282.131 PC-rp Delta: 29054'05" Radius: 30.500 Length: 15.917 Tangent: 8.144 N 80044'43" W 30.50 10287.036 rp-Pt --------e-e- S 87054'34" W 4.62 10286.867 N 00012'00" E 129.64 10416.502 ----------e-w- 10416.502 Area: 5,410 S.F. 0.124 Acres Easting -_------------ 5390.925 Start (POB) 5498.350 5484.535 5493.206 5508.745 5553.028 5568.022 5567.866 5437.862 5437.897 5400.891 5400.592 5401.545 Chord pc-pt 5595.591 Radial In 5401.545 Radial Out 5395.093 Chord pc-pt 5425.196 Radial In 5395.093 Radial Out 5390.472 5390.925 -------------- 5390.925 Close (POB) , .f) 0 SE c1w ROS 6269 5848 S 8SW’OO’ E 200.00’ REC. & MEAS. . I B MTA TW I -d=i&k 107.53' . -. - . . - - S8727'45%' 37.04' . N2YS2'2636 ' 27.74' S00'12'#%'85.60' N6O.07'34z --. -. - 10.00' &-5'52'09: R=195.00: L=19.98' P S2! 1'52'26r 31.20' n=29.54'05: R=30.50: H5.92' 3'01'33‘!E 49.69' Em. S8754'34?Y 4.62' i-51 '41 z 15.34' R 15 NOO'12'00 129.64' som2'00~ 44.68' i% S8727'45^)y iLOT NOO'l2'00~ 10.01' rz F 8 (n t-sCWm, M 92029 (760) 489-5834 . N 8W8’00’ W 200.00’ REC. & MEAS. THIS POR7lON OF LA COSTA AKNUE w- -L- M COSTA A VEN(JE RS 17,%-66 %!:!II : pfk?i$g;&to E ‘EXHIBIT C lEGHkFURWOFLOl!59AND1OOFlAcosTAGRfEA& AW'MI. 67@ FR~IIUKU~T 14 1970. - AR% 5410 SF; 0.124 ACRES ,QlSMENT PLAT FOR: PRNATT STORM DRAIN AND StMER QSEMENT FOR CT 98-23, lA COSTA GREENS PRWECT 5849 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the COVENANT FOR EASEMENT dated December 6,2000, from Pacific Beach Develoument LLC, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: 4 NW CE BI&ITENFEI&, Deputy City Clerk