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Home My WebLink AboutCT 98-23; ; 2002-0309494; CovenantRECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 La Costa Greens PR 02-03 DOC # 2002-0309494 CIPR 123 2002 3:59 PM WICIlY Earn ms: 23.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 216-310-16 PROJECT NO. & NAME: CT 98-23 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 'eferred 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 ,eferred to in Exhibit "B. This covenant for easement may be released only according to the lrocedures established by law if it is determined by the City that the covenant is no longer ieeded to achieve the land use goals of the City. This covenant for easement is required by a condition for CT 98-23 issued by the City of :arkbad 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: See Exhibit "B attached hereto and made a part hereof. Exhibit "C is provided for clarity only. This covenant for easement provides for private ingress and egress 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: 2/23/q Pacific Beach Development, LLC / Y Name: Michael E. Turk Title: Managing Mernm Name: Thomas Armstrong Title: Managing Member [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 4 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. THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. T IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, 4PPROVED AS TO FORM: iONALD R. BALL Xy Attorney State of California County of San Diego On before me, personally appeared 3&&3 4rnHl Ad A&d 25 G4L (Name[s] of Signer[s]) (Name, Title of Officer) 0 personally known to me -OR - 0 n) to be the person(s) whose name(s) )dare subscribed to the within instrument and acknowledged to me that +W&e/they executed the same in .kisUrrr/their authorized capacity(ies), and that by hi4H.lerltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. (This area for official notary seal) Title or Type of Document Pw2wfl6 2-d Jd Date No. of Pages Document z”. Signer(s) other than named above EXHIBIT A Legal Description EASEMENT AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR MAINTANENCE AND DRAINAGE PuRPoSES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF STRUCTURAL WALLS, ROOFS, WiNDOWS, DRAINS AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF JBT 1 OF MAP NO. 1425 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,2001 AS FILE NO. 2001-OS12667 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID CORNER LYING ON THE PROPERTY LINE COMMON TO LOTS 1 AND 2 OF SAID MAP NO. 14251; THENCE ALONG SAID COMMON LINE SOUTH 00°12'OO" WEST FOR 87.82 FEET TO AN ANGLE FOINT IN SAID COMMON LIME; THENCE CONTINUING ALONG SAID COMMON LINE SOUTH 15"25'23" WEST FOR 20.00 FEET TO THE INTE,RSECTION OF SAID COMMON LINE WITH THE NORTHERLY CURVED SIDELINE OF FAIRWAY LANE (A PRIVATE STREET), CONCAVE SOUTHERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 1555'23" WEST, 30.50 FEET THENCE NORTHWESTERLY ALONG SAID CURVED SIDELINE OF FAIRWAY LANE THROUGH A CENTRAL ANGLE OF 3"22'44" FOR 1.80 FEET THENCE LEAVING SAID SIDELINE OF FAIRWAY LANE NORTH Oo12'OO" EAST FOR 109.65 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1 WHICH BEARS NORTH 66O54'58" WEST 7.60 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE SOUTH 66'54'58" EAST FOR 7.60 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 709 SQUARE FEET, MORE OR LESS. PREPARE!D BY MM HAMADA, RCE 25586 925 CIMARRON TERRACE ESCONDIDO, CA 92029 (760) 489-5834 EXHIBIT B Legal Description “Benefited Property” LEGAL DESCRIPTION LOT 2 OF MAP NO. 14251, LA COSTA GREENS, CT 98-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIk FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY, 24,2001 AS FILE NO. 2001 - 0512667 OF OFFICIAL RECORDS. PREPARED BY: MIK HAMADA, RCE 25586 925 CIMARRON TERRACE ESCONDDO, CA 92029 (760) 489-5834 c - EXHIBIT C LEGEND EXISTING PROPERTY LINE PROPOSED STRUCTURE LINE - -EASEMENT LINE mj EASEMENT AREA EAFMEhT AREA GONAN.5: 0.0 16 ACRE5 ........................... CARLSBAD VICINITY MAP NO WE ............. .- .......... ENGINEER MIK HMW, RCE 255% 925 CIWRVIRRON TERRACE ESCONDIW, CA 92029 (760) 489-5834 ASSESSOR PARCEL NO 216-310-16 AODRESS: 2244 FAIRWAY LANE, CARLSBAD, CA PLAT TO ACCOMPANY EASEMENT LEGAL DESCRIPTION