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Home My WebLink AboutMS 01-13; ; 2002-0629682; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad. CA. 92008 JUL 26. 2002 3-52 PPI SRN DIECO COUNTY HEMIRDER’S OFFICE FFICIM. ECOKK REGOFCI J. SMITH, COUNTY HECOKDEK FEES: 23.00 I SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 215-360-10 PROJECT NO. 8, NAME: Carrillo Canyon Views MS NO. 01-13, PR 02-77 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) LA COSTA 4 LLC, 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 MS number 01-13 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 “8” attached hereto and made a part hereof. MS 01-13 HlOevelapmenl SeM~aSlerYDeeds.Grsnl OeedDEa6emmlFICDYenant for Casemen! 1 Rev. 4128197 Exhibit "C" is provided for clarity only. This covenant for easement provides for reciprocal access, maintenance 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. (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 B>p&A* Deputy City Attorney State of California ) ) County of San Diego 1 personally appeared Pm-Y I (Name[s] of Signer[s]) , n personally known to me -OR -R (proved to me on the basis of satisfactory evidence) to be the person&) whose name(% is/rwt.subscribed to the within instrument and acknowledged to me that he/st&Wy executed the same in his/hef/tlteir authorized capacity(* and that by hislkerltheir signature$$ on the instrument the person($ or entity upon behalf of which the person(\ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document CWNM d~a4 GpsH?Imr Date of Document JdCb/ II . ZOUz No. of Pages .Z Signer(s) other than named above - z EXHIBIT "A LEGAL DESCRIPTION A PORTION OF LOT 522 OF MAP 7076, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF RECORDED OCTOBER 6,1971 IN THE OFFICE OF THE RECORDER, SAN DIEGO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 522; THENCE NORTH 5737'29" EAST 38.53 FEET ALONG THE NORTHERLY SIDELINE OF UNlCORNlO STREET (60' WIDE)TO CURVE CONCAVE WESTERLY HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 86"45'55" EAST; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"08'55", AN ARC DISTANCE OF 9.92 FEET; THENCE NORTH 32"23'00" WEST 70.87 FEET; THENCE NORTH 57"37'00" EAST 31 .OO FEET; THENCE SOUTH 32"23'00" EAST 70.87 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 19.50 FEET; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"09'56", AN ARC DISTANCE OF 9.93 FEET TO THE NORTHERLY SIDELINE OF UNlCORNlO STREET; THENCE ALONG SAID NORTHERLY SIDELINE SOUTH 57"37'29" WEST 35.94 FEET TO THE TRUE POINT OF BEGINNING. THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT CIRCULAR 1254DRIV.DOC. DBM EXHIBIT "B" LEGAL DESCRIPTION LOT 522 OF MAP 7076, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF RECORDED OCTOBER 6,1971 IN THE OFFICE OF THE RECORDER, SAN DlEGO COUNTY. CALIFORNIA. EXCEPTING THEREFROM THAT PORTION DESCRIBED BELOW: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 522; THENCE NORTH 57"37'29 EAST 38.53 FEET ALONG THE NORTHERLY SIDELINE OF UNlCORNlO STREET (60' WIDE)TO CURVE CONCAVE WESTERLY HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 86"45'55" EAST; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"08'55", AN ARC DISTANCE OF 9.92 FEET; THENCE NORTH 32"23'00" WEST 70.87 FEET; THENCE NORTH 57"37'00" EAST 31 .OO FEET; THENCE NORTH 07"22'08 EAST 20.83 FEET; THENCE NORTH 52"55'15" EAST 33.63 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 522: THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 32"22'31" EAST 102.01 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 522, SAID POINT ALSO BEING A POINT ON THE NORTHERLY 57"37'29 WEST 75.78 FEET TO THE TRUE POINT OF BEGINNING. THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT CIRCULAR SIDELINE OF UNlCORNlO STREET: THENCE ALONG SAID NORTHERLY SIDELINE SOUTH 1254ESMNT,DOC, DBM COURSE RADIUS TANGENT LENGTH 1 DELTA C1 , 19.50' 5.07'. , 9.92' 29'08'55" C2 19.50' 5.07' 9.93' 29'09'56" . ~ ~~__ GRAPHIC SCALE I"= 40' VICINITY MAP 1,111 1, ,~, i,l . ~~ LEUCADIA COUNTY WATER DISTRICT ATE: 7/02/02 COVENANT FOR EASEMENT DRAWN BY: CIVCOM CALE: 1"=40' LOT 522, MAP 7076 .P.N. 215-360-10 (MS NO. 01-13)