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Home My WebLink AboutMS 00-10; ; 2001-0534323; Covenant. . f0824 DOC # 2001-0534323 / P If) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUL 31, 2ocn IO:49 AM m1mL REams w&y cou$TY REilF&!x Fks: ’ 34.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 209-081-02 PROJECT NO. & NAME: MS 00-10 Atrium II PR0147a 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) Newport National/Cornerstone, 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 the tentative parcel map known as MS 00-10 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: See Exhibit “B” attached hereto and made a part hereof. 1 Masters/Forms/Covenant for Easement Rev. 4/28/97 1 . . I Exhibit “C” is provided for clarity only. ~ This covenant for easement provides for private reciprocal access, parking, and drainage 1 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. Owner: Newport National/Cornerstone? LLC A California limited liability company Print name: I;ntname: +jifGigce” ;;: ~ (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: I 2 Masters/Forms/Covenant for Easement Rev. 4/28/97 I 10026. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I ss. On JwQ r3 1 2as ’ , before me &b.fT~ &?=I hhWu-/ l%bk-~ Date Name and Title of Officer (e.g., ‘“Jane Doe, Notary Public”) personally appeared SCoT’i- &-zwssGtcl Name(s) of Signer(s) 0 personally known to me et-oved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument-and acknowledged to me thathe/she/they executed the same in his/her/their authorized capacity(jes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. &--&I 6s-J Signature of Notary Public OPTIONAL Though the information below is not required by /aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: cte--J IL t3Q-d-d Document Date: XL, 4 24 ) %XJ ’ Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: D 1997 National Notary Assoclabon * 9350 De SotDAve.. P.0. Box 2402 - Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll-Free 1-600-676-6627 State of California County of San Diego ) On yifif / 2-3 O/ before me, /‘-/2c~?Mx & ~%5-< , @ate) ’ (Name, Title of Officer) personally appeared (Name[s] of Signer[s$ --Q personally known to me -0w (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 II Title or Type of Document II Date Document of y/37& No. of Pages 3 Signer(s) other than named above I Masters/Forms/Covenant for Easement Rev 4/S/97 EXHIBIT 'A' LEGAL DESCRIPTION FOR BURDENED PROPERTY ATRIUM II PR 01-47 PARCEL 1 OF PARCEL MAP NO.\$720 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DATED&t&f, 2001, AS FILE/PAGE NO2a#-%@b&/ OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO.16720 , THENCE ALONG THE WESTERLY LINE THEREOF, 1. SOUTH 02(37'29" EAST 117.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE 2. SOUTH 02(37'29" EAST 291.49 FEET; THENCE 3. NORTH 88(14'35" EAST 345.61 FEET TO THE BEGINNING OF 536 FOOT RADIUS CURVE ALSO BEING A PORTION OF THE EASTERLY PROPERTY LINE OF THE SAID PARCEL 1; THENCE ALONG THE ARC OF SAID CURVE 4. NORTHERLY 5. NORTH 67(46'07" WEST 6. SOUTH 22(10'54" WEST 7. NORTH 72(17'56" WEST 8. SOUTH 16(26'42" WEST 9. SOUTH ll(10'25" WEST 10. SOUTH 78(16'04" WEST 11. NORTH 89(51'31" WEST 12. NORTH 81(22'57" WEST 13. NORTH 02(37'29" WEST 14. SOUTH 87(22'31" WEST 256.65 FEET THROUGH A CENTRAL ANGLE OF 27'26'04"; THENCE 128.65 FEET; THENCE 82.25 FEET; THENCE 34.84 FEET; THENCE 39.55 FEET; THENCE 57.00 FEET; THENCE 52.21 FEET; THENCE 27.26 FEET; THENCE 81.13 FEET; THENCE 143.06 FEET; THENCE 40.80 FEET TO THE TRUE POINT OF BEGINNING. BURDEN1 .DOC Page 1 of 2 EXHIBIT 'B' LEGAL DESCRIPTION FOR BENEFITING PROPERTY ATRIUM II PR 01-47 PARCEL 2 OF PARCEL MAP NO.\8720 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DATEDJW5 2001, AS FILE/PAGE NO2"-?665~'+ OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 BEGINNING AT A NORTHWESTERLY CORNER OF SAID PARCEL 2, OF PARCEL MAP NO. 18720 THENCE ALONG THE NORTHERLY LINE THEREOF, 1. NORTH 87"22'31" EAST 2. SOUTH 58'47'13" EAST 3. SOUTHERLY 4. NORTH 67O46'07" WEST 5. SOUTH 22'10'54" WEST 6. NORTH 72'17'56" WEST 7. SOUTH 16'26'42" WEST 8. SOUTH 11'10'25" WEST 9. SOUTH 78'16'04" WEST 10. NORTH 89'51'31" WEST 11. NORTH 81'22'57" WEST 12. NORTH 02'37'29" WEST 13. SOUTH 87'22'31" WEST 14. NORTH 02'=37'29" WEST 251.50 FEET; THENCE 222.48 FEET TO THE BEGINNING OF A 536 FOOT RADIUS CURVE ALSO BEING A PORTION OF THE EASTERLY PROPERTY LINE OF THE SAID PARCEL 2; THENCE ALONG THE ARC OF SAID CURVE 51.78 FEET THROUGH A CENTRAL ANGLE OF 5'32'08"; THENCE 128.65 FEET; THENCE 82.25 FEET; THENCE 34.84 FEET; THENCE 39.55 FEET; THENCE 57.00 FEET; THENCE 52.21 FEET; THENCE 27.26 FEET; THENCE 81.13 FEET; THENCE 143.06 FEET; THENCE 40.80 FEET; THENCE 117.51 FEET TO THE POINT OF BEGINNING BENIFITl .DOC Page 1 of 2 SAID PARCEL CONTAINS 76,992 SQUARE FEET, MORE OR LESS THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCEjWITH THE PROFESSIONAL LAND SURVEYORS ACT. A . . . BURDEN 1 .DOC Page 2 of 2 SAID PARCEL CONTAINS 73,729 SQUARE FEER, MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. BENIFITl .DOC Page 2 of 2 BASIS OF BEAR//W THE BASIS OF BEARINGS IS :THE NORTHERLY PROPERTY LINE I.E. N8722'31"E CARLgBAD TRACT ND. 74-21 MAP NO, 10372 : z 1 . -_ J “‘., / / / -- -- SC -- LO1 f GAHdWlD TRACT No. 74-n AdAP NO. 10872 CITY OF CARLSBAD 4lE: REclpRocAL 4-25-U WARMERS ENG'~ >ALE: 1" = 60' DRAINAQE AND PARKINQ EASEMENT’ PR 01-47 P.N. 209-081-02 PARCELS 1 AND 2 OF PARCEL MAP 18720 SHEER 1 OF2 EXHl.dwo 4-25-01 1.4A.nl nm FST EXHIBIT ‘C’ f 0033 LEGEND; -MB- BOUNDARY LINE PROPERTY LINE RECIPROCAL ACCESS, DRAINAGE & PARKlNG ESMT. PARCEL 1; AREAa76.992 SF (1.77 AC) ~~ RECIPROCAL ACCESS, DRAINAGE & PARKING ESMT. : PARCEL 2; AREA=73,729 SF (1.69 AC) THIS PLAT WAS PREPARED BY ME VlClNllY MAP NOT TO SCALE Ph. (858) 695-3344 Fax: (858) 695-3117 CITY OF CARLSBAD DA 7E: 4-25-01 FlEClPROCAL ACCESS DRAWN Bti PARTNERS ENGX SCALE: 1” = 60’ DRAINAGE AND PAWNa EASEMENT PR 01-47 A.P.N. 209-061-02 PARCELS 1 AND 2 OF PARCEL MAP \0720 SHEEl? 2 DF 2 JSEXHl.dwg 4-25-01 1:48:01 pm EST