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Home My WebLink AboutMS 00-10; ; 2001-0534324; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbacl Village Dr. Carlsbad, CA. 92008 DOG # 2001-0534324 3”lL 31s 2001 IO=49 AM !lFFICIIy liEm?Ds ~~~~~~ f-b: ’ 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 PR 0148 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/Fans/Covenant for Easement Rev. 4i28/97 Exhibit “C” is provided for clarity only. This covenant for easement provides for private reciprocal access, parking, and drainage 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: By: Newport National/Cornerstone, LLC A California limited liability company Newport National Corporation, it’s Manager by: Print name: date: title: by: Print name: date: title: (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: Attorney By: I Dew& 2 Masters/Forms/Covenant for Easement Rev 4i28197 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Sam/ ch tE’!+ County of 1 SS. On fudE z9) %@’ , before me, $?fl/Jrj Pfi RT Date Name and Title of Officer (e.g., ‘Jane Doe, Notary Pubic”) personally appeared 5co-rT ‘BtwSWAu , Name(s) of Signer(s) 0 personally known to me &oved 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 heJshe/they executed the same in his/her/their authorized capacity(ies), andthat 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. Place Notary Seal Above WITNESS my hand and official seal. eY-ij-0~ Signature of Notary Public OPTIONAL Though the information below is not required by law, 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: cmey\d .-g-l E----Q-J Document Date: JLiLcQ 2ct 1 *(3 ’ Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): 0 Partner - Cl Limited 0 General 0 Attorney in Fact 2 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave., P.0 Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 State of California County of San Diego , /La&z LAuna-2~ , (Name, Title of Officer) personally appeared b d-+-y f+.Bmw@d c/z dp AM (Name[s] of Signer[s]) \ 0 personally known to me -OR H, (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 co ilk-WV* - Date Document of yL?/o, No. of Pages +-J II Signer(s) other than named above 3 Rev. 4/28/97 I MasterslFormslCovenant for Easement EXHIBIT 'A' LEGAL DESCRIPTION FOR BURDENED PROPERTY ATRIUM II PR 01-48 PARCEL 2 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 JUNKS, 2001, AS FILE/PAGE NO204-3&.&56,‘4 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2, OF PARCEL MAP NO. \m20 THENCE ALONG THE NORTHERLY LINE THEREOF, 1. NORTH 87'22'31" EAST 2. SOUTH 58"47'13" EAST 3. SOUTHERLY 4. NORTH 67'46'07" 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 BURDEN2 .DOC Page 1 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. u - . . . & DATE BURDEN2 .DOC Page 2 of 2 EXHIBIT 'B' LEGAL DESCRIPTION FOR BENEFITING PROPERTY ATRIUM II PR 01-48 PARCEL 1 OF PARCEL MAP NO.\8320 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DATEDhUES 2001, AS FILE/PAGE N02~\-'&&~~ OF OFFICIAL RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 2 OF PARCEL MAP ~0.18720 , 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. BENIFIT:! .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 BENIFIT2 .DOC Page 2 of 2 BASIS OF BEA/?lNGS THE BASIS OF BEARINGS IS :WE NORTHERLY PROPERTY LINE I.E. N8722'31"E CARLSBAD TRACT NO. 74421 MAP NO. 10372 _“__-_.._-.---- LOT I CARLSEA. TRACT NO. 74-2’1 MAP NO. 10872 CITY OF CARLSBAD !IA?E: 4-25-01 RECIPROCAL AWE88 DRAW BY PARTNERS ENG'G SCALE 1" = 60' DRAINAQE AND PARKUW EASEMENT PR 01-48 4.P.N. 209-081-02 PARCELS 1 AND 2 OF PARCEL MAP \BTZO SHEET: 1 DF2 .--.. _ 4-25-01 1:50:35 pm EST EXHIBIT ‘C’ I@@43 LEGEND: --me BOUNDARY LINE PROPERTY LINE RECIPROCAL ACCESS, DRAINAGE & PARKING ESMT. PARCEL 1; AREA=76.992 SF (1.77 AC) RECIPROCAL ACCESS, DRAINAGE & PARKING ESMT. PARCEL 2; AREA=73,729 SF (1.69 AC) ‘VKINIW MAP NOT TO SCALE MIGUEL A. MARllNEZ P.L.S. 7443 *Pel, San Diego, CA. 9i131 Ph. (858) 695-3344 Fax: (858) 695-3117 CITY OF CARLSBAD 3AlE: 4-25-01 RECIPROCAL ACCESS DRAW BY PARTNERS ENG% SCALE: 1" = 60' DRAINAGE AND PARKING EASEMENT PR 01-48 4,P.N. 209-081-02 PARCELS 1 AND 2 OF PARCEL MAP \a20 SHEEP 2 DF 2 15EXH2.dwg 4-25-01 1: 50:35 pm EST