HomeMy WebLinkAboutCT 98-23; ; 2002-0309496; CovenantRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
Carlsbad. CA. 92008
1200 Carlsbad Village Dr.
DOC # 2002-0309496
CSPR 3-23 2002 3:59 PPI
mEs: 23.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 216-310-18
PROJECT NO. & NAME: CT 98-23
La Costa Greens
PR 02-05
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
'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 "6
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.
I 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: a[& (/e x - Pacific Beach Development, LLC
Signature: Wc \
Name: Michael E. Turk
Title: Managing M
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
SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT,
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
State of California )
County of San Diego ) 1
On ?$/a before me,
Da e) (Name, Title of Officer)
personally appeared
(Namels] of Signefls])
0 personally known to me -OR - 0
(1 to be the person@) whose name(s)
ware subscribed to the within instrument and acknowledged to me that-kefskelthey
executed the same in Iw/&w/their authorized capacity(ies), and that by hidher/their
I signature@) on the instrument the person@), or entity upon behalf of which the person@)
acted, executed the instrument.
,
(This area for
official notary seal)
Title or Type of Document ~f-"
Document
Signer(s) other than named above
EXHIBIT A
Legal Description
EASEMENT
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FORMAINTANENCE AND DRAINAGE
PURPOSES, INCLUDING BUT NOT LIMITED To THE “ENANCE OF STRUCTURAL WALLS, ROOFS,
WINDOWS, DRAINS AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT
PORTION OF LOT 3 OF MAP NO. 14251, IN THE CITY OF CARLSBAD, COuNn OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,2001
AS FILE NO. 20014512667 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGMNMG AT THE NORTHEAST CORNER OF SAID LOT 3, SAID CORNER LYING ON THE PROPERTY
LINE COMMON TO LOTS 3 AND 4 OF SAID MAP NO. 14251; THENCE ALONG SAID COMMON LINE SOUTH
WlZ’M)” WEST FOR 96.49 FEET TO AN ANGLE POINT IN SAID COMMON LINE; THENCE CONTINUING
ALONG SAID COMMON LINE SOUTH 7034’91’’ WEST FOR 23.33 FEET TO THE INTERSECTION OF SAID
COMMON LINE WITH TIE NORTHERLY SIDELINE OF FAIRWAY LANE (A PRIVATE STREET); THENCE
WESTERLY ALONG SAID SIDELINE OF FAIRWAY LANE SOUTH 87’34’34” WEST FOR 4.01 FEET; THENCE
LEAVING SAID SIDELINE OF FARWAY LANE NORTH OO012’0O” EAST FOR 116% FEET TO A POINT ON
THE NORTHERLY LINE OF SAID LOT 2 WHICH BEARS SOU” 68°12’01” WEST 7.55 FEET FROM THE
POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 68’12’01’’ EAST FOR 7.55 FEET
TO THE POINT OF BEGINNGVG.
SAID EASEMENT CONTAINS 793
PREPARED BY:
MIK HAMADA, RCE 25586
925 CIMARRON TERRACE
ESCONDIDO, CA 92029
(760) 489.5834
EXHBIT B
Legal Description
“Benefited Property”
LEGAL DESCRIPITON
LOT 4 OF MAP NO. 14251, LA COSTA GREENS, CT 98-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY, 24,2001 AS FILE NO. 2001 - 0512647 OF OFFICIAL RECORDS.
PREPARED BY:
MM HAMADA, RCE 25586
925 CJMARRON TERRACE
ESCONDIDO, CA 92029
(760) 489-5834
EXHIBIT C LEGEND
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......................... -..\\.I EASEMENT AREA PROPOSED STRUCTURE LINE
5873'42"E
20.93' - 7.0' EASEMEN
CARLSBAD
ASSESSOR PARCEL NO: 216-310-18
FAIRWAY LANE d
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VICINITY MAP ' NTS
NO SCALE
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ADDRESS:
2252 FNRWAY LANE, CARLSBAD, CA PLAT TO ACCOMPANY EASEMENT LEGAL DESCRIPTION