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Home My WebLink AboutMS 00-06; ; 2001-0481761; CovenantRECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOG # 2001-0481761 JLJL- 12. 2001 4=10 PM 12742 DFF1c1fx REalRDS S#l DIEGO M#R(TY HEWRDER ‘S MFICE GREGORY J. SnITH, COUNTY RECtMR FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 205-21 O-09-00 PROJECT NO. & NAME: MS 00-06 Chestnut Homes PR 01-25 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) Chestnut Homes, 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 Minor Subdivision number MS 00-06 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 MastersiFomWCovenant tar Easement Rev. 4/28/97 12143 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for reciprocal access 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: By: Chestnut Homes, LLC, a California limited liability company c- 5 By: ‘ -7, (sign Loran Wjqrans, Managing Member x - (sign name here) 7 R. R. Robinson, 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: 1 MastersJFornWCovenant for Easement Rev. 4lzY97 12744 State of California County of San Diego On& Vr& ?,A&[ before me, L$7knmY\ /,&jkj~ &udzw ii&h (Date) personally appeared (Name, Title of Officer)’ afj i.4hw5 &jJ f.R. t-obin*m (Name[s] of Signer[s]) ~ l personally known to me -OR - . (proved to me on the basis of satisfactory evidence) to be the perso@ whose nar-n&$I -0 ’ are subscribed to the within instrument and acknowledged to me tha executed the same in authorized capacity@ and that by hd signature@on the instrument the perso@, or entity upon behalf of which the persot-@ acted, executed the instrument. WITNESS my hand and official seal ,1 3 1 bf?lawnm tiwd (This area for Signature of Notary official notary seal) Title or Type of Document Date Document of No. of Pages Signer(s) other than named above ~asters/FomWCovenant for Easement Rev. 4/28/97 EXHIBIT “A” Burdened Property PR 01-25 12745 LEGAL DESCRIPTION A portion of Parcel 4 of Carlsbad Minor Subdivision No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No filed in the Office of the County Recorder of San Diego County on more particularly described as follows: A strip of land being the northerly 174.90 feet of the Westerly 17.00 feet of Parcel 4 per said Parcel Map. Said parcel of land contains 2,973 square feet, more or less. John L. Walters PLS Date . . : EXHIBIT “B” Benefited Property PR 01-25 127’46 LEGAL DESCRIPTION Being Parcel 3 of Carlsbad Minor Subdivision No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. in the Office of the County Recorder of San Diego County on Said parcel of land contains 17,812 square feet, more or less. .on_ddJk- 6-25-o/ John L. Walters PLS Date a i-0 a P P CL < a ;* s : ;$ 1 s &-; “~~~T~~~,~~,~~~.o~i~~soF ’ CHESTNUT BASIS OF BEARINGS AVENUE CENTERLINE OF CHESTNUT -0 ,T N 6 1’2 1 ‘0O”E 203.00’ I / - 68.42’ -. c AVENUE PER MAP 6346. - (0 134.58’ - I.E. N 61’21’OO”E ? N 61’21’00”E 202.99’ $ \ LEGEND - POC. . POINT OF COMMENCEMENT. TPOB. . TRUE POINT OF BEGINNING. ?I$ E-1 ACCESS EASEMENT. 2 ?ASEMENT DESCRFTIONS - 84.99’ 9 : 86.00’ SHUM LANDS -0 15 I 1-7’ TRACT ..’ JMAP ? \ : 3 .” ,. .’ 6 1681 240 I ..‘. ;f F -3 “;i r PARCEL 1 g ,’ : PARCEL 2 I g .:/ B 5 AREAz SF 13,321 AREA: 13,161 SF 0 B 4: -$s I 3.: - ,’ G . : $.. q; kl N s I r v z;: z I : :. ,. ,’ ‘.’ : 1, ‘... a-- :. ‘,‘. ..’ s- : 47 ti I 6 1 l 2 1’00”E 84.94’ ..’ ‘, .‘,. N 61’21’00”E 86.0( ‘.‘. 28’41’02”W i , 15’ 7’. ,I ‘02”w / 20.00’ ‘0O”E / I 32.00’ $ 1 2 ; I -2 $ 3 “w -, - PARCEL 3 P 0 . AREA: 17,8 12 SF G% $- I xii B 3 PARCEL 4 - z AREA: 18,599 SF F z . / SCALE: 1” = 50’ 99.89’ \ N 61’;0’3l”E 202.89’ ’ 1 @ A 5 FOOT WIDE SEWER EASEMENT IN FAVOR OF THOMAS & WINIFRED McMAHON. RECORDED 2-27-1973 AS FILE - NO. 73-051320 OF O.R. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF SDG&E, RECORDED MAY 6, 1949 IN BOOK 3195, PAGE 366, OF O.R. DOCUMENT DOES NOT GIVE THE WIDTH OF SAID EASEMENT, ONLY ADJACENT TO THE SOUTHWEST BOUNDARY LINE. , 103.00’ - -- MAP 8470 ’ JOHN L. WALTERS PLS APPLICANT I EASEMEP ‘3T PLAT ‘REPARED BY: I F ;HESTNUT HOMES, LLC PLAT FOR COVENANT OF EASEMENT FOR 2551 STATE STREET John L. Walters PLS RECIPROCAL ACCESS OVER PARCEL 4 ;ARLSBAD, CA 92008 1807 South Nevada St. FOR THE BENEFIT OF PARCEL 3. 1760) 729-7964 Oceanside,. California 92054 phone: (760) 722- 1200 n43 00-06 CllY OF CARLSBAD PR 01-25