The URL can be used to link to this page

Home My WebLink AboutCT 98-23; ; 2002-0309495; CovenantRECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 DOC # 2002-0309495 CIPR 12. 2002 3-59 PM I SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 216-310-17 PROJECT NO. & NAME: CT 98-23 La Costa Greens PR 02-04 COVENANT FOR EASEMENT with Section 65870 of Chapter 4 of Division 1 (Government Code Article 2.7 commencing 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 ?eferred to in Exhibit "B. This covenant for easement may be released only according to the srocedures established by law if it is determined by the City that the covenant is no longer leeded 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 2arlsbad for development located on real property described in Exhibits "A and 3". 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. Pacific Beach Development, LLC Signature: U€". Name: Michael E. Turk 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 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: RONALD R. BALL City Attorney State of California County of San Diego On <.!$h' before me, personally appeared Gas POL bd fl~~4rI 2. TdrA D te) (Name, Title of Officer) (Name[s] of Signer[s]) , 0 personally known to me -OR - 0 ((e) to be the person@) whose name(s) )&re subscribed to the within instrument and acknowledged to me that iwkhe/they executed the same in k#her/their authorized capacity(ies), and that by Irisftrerltheir signature@) on the instrument the person(s), or entity upon behalf of which the person@) acted, executed the instrument. .... (This area for official notary seal) Title or Type of Document l%l77lAfi ax &d Date of Document No. of Pages 7 I' Signer@) 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 L-D To THE MAINTENANCE OF STRUCTURAL WALLS, ROOFS, WINDOWS, DRAINS AND APPURTENANCES THERETO, OVER, UNDER ALONG AND ACROSS THAT PORTION OF LOT 2 OF MAP NO. 14251. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALFORNI& FILED IN THE OFFICE OF THE COUNTY RECORDEROF SAN DIEGO COUNTY, MAY 8,2001 AS FILE NO. 2001-0512667 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, SAID CORNER LYfNG ON THE FROPERTY LINE COMMON TO LOTS 2 AND 3 OF SAID MAP NO. 14251; THENCE ALONG SAID COMMON LINE SOUTH 00°12'00" WEST FOR 93.94 FEET MAN ANGLE POINT IN SAID COMMON LINE; THENCE CONTINUING ALONG SAID CWON LINE SOUI'H 8V3'43" WEST FOR 21.19 FEET TO THE INTERSECTION OF SAID COMMON LINE WITH THE NORTHERLY SIDELINE OF FAIRWAY LANE (A PRIVATE STREET); THENCE WESTERLY ALONG SAID SIDELINE OF FARWAY LANE SOUTH 87'54'34" WEST FOR 4.01 FEET; THENCE LEAVING SAID SIDELINE OF FAIRWAY LANE NORTH 00°12'00" EAST FOR 114.74 FEET TO A POINT ON THE NORTHERLY LME OF SAID LOT 2 WHICH BEARS SOUTH 87'27'45" WEST 7.01 FEET FROM THE FOINT OF BEGINNING THENCE ALONG SAID NORTHERLY LINE NORTH 87O27' 45" EAST FOR 7.01 FEET \ TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 772 SQUARE FEET, PREPARED BY. MIK HAMADA, RCE 25586 925 CIMARRON TERRACE ESCONDW, CA 92029 (760) 489-5834 MORE OR LESS. EXHIBIT B Legal Description “Benefited Property” LEGAL DESCRIPTION LOT 3 OF MAP NO. 14251, LA COSTA GREENS, CT 98-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN TiE OFFICE OF THE COUNTY RECORDER OF SAN DlEGO COUNTY, JULY, 24,2001 AS FEE NO. 2001 - 0512667 OF OFFICIAL RECORDS. F’UEPARED BY: blK HAMADA, RCE 25586 925 CIMARRON TERRACE ESCONDDO, CA 92029 (760) 489-5834 EXHIBIT C LEGEND -2 - EXISTING PROPERTY LINE - PROPOSED STRUCTURE LINE - - EASEMENT LINE mq EASEMENT AREA __ EASEMEhT ARUI COMNNS: 0.018 ACRES VICINITY MAP I ‘ NET / NO SCALE ENGINEER: 925 CIMARRON TERRACE MIK HAUADA, RCE 25586 ESCONDIDO, CA 92029 (760) 489-5834 I ADDRESS: 2248 FAIRWAY LANE, CARISBAD, CA PLAT TO ACCOMPANY EASEMENT LEGAL DESCRIPTION