HomeMy WebLinkAboutMS 02-13; ; 2004-0005320; Covenant' RECORDED REQUEST OF
First American Title
SUBDIVISION MAPPING DEPT.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Gr.
Carlsbad, CA. 92008
8668 # 2004-0005320
OFFICIAL Em W DIEGO COUNTY REwRDat'S WICE GREGORY J. SMITH, COlRFpl EmDER FEES: 27.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSORS PARCEL NO. 156-21 1-08-00
PROJECT NO. & NAME: MS 02-13
MSK-Oak & Highland. PR 03-86
Access
Benefits Parcel 2
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)
Oak Ave. L.P. , a California Limited Partnership, 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 02-1 3 number
issued by the City of Carlsbad for development located on real property described in Exhibits
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:
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8669
See Exhibit "B" attached hereto and made a part hereof
Exhibit "C" is provided for clarity only.
This covenant for easement provides for access across Parcel 3 for the Benefit of Parcel
2, 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: Oak Ave. L.P., a California Limited
Partnership
MSK Management, Inc., d.b.a. MSK
Development Group, as General Partner
(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 AllORNEYS WITH RESPECT
THERETO.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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HYDevelopment Services/Masters/Deeds-Grant Deeds-EasementdCownant for Easement Rev. 4/28/97
8670
State of California )
)
County of San Diego )
(Name, Title of Ofhcer)
On Id03 before me,
(Date)
(Name[s] of Signer[s])
personally appeared Gtorr lash&-
,$$personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person@) whose name(s)
is/- subscribed to the within instrument and acknowledged to me that he/sWthey
executed the same in his/b&heir authorized capacity(ies), and that by hislhertttreir
signature(s) on the instrument the person@), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above
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H:/Development Services/Masters/Deeds-Grant Deeds-EasemntslCovenant for Easement Rev. 4/28/97
8671
PC 03-86
EXHIBIT “A”
SHARED ACCESS:
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 9040, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
RECORDER’S OFFICE OF SAID COUNTY ON AUGUST 13, 1979, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE
ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 33”58’02” EAST,
144.50 FEET TO THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 144.50
FEET OF SAID PARCEL 1 AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 33’58’02” EAST, 105.48
FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 1 ; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 56’02’02” WEST, 41.29 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 33’56’12” WEST, 9.87 FEET
TO THE BEGINNING OF A 54.00 FOOT RADIUS TANGENT CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 32”01’45”, A DISTANCE OF 30.19 FEET TO ITS POINT OF
TANGENCY WITH A 20.00 RADIUS REVERSE CURVE, CONCAVE WESTERLY, SAID
REVERSE CURVE BEING ALSO TANGENT TO THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 30.00 FEET OF SAID PARCEL 1; THENCE NORTHERLY ALONG
THE ARC OF SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 32”03’35”,
A DISTANCE OF 11.19 FEET TO IT’S POINT OF TANGENCY WITH SAID
SOUTHWESTERLY LINE OF THE NORTHEASTERLY 30.00 FEET OF PARCEL 1;
THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 33’58’02” WEST, 56.35
FEET TO SAID SOUTHEASTERLY LINE OF THE NORTHWESTERLY 144.50 FEET OF
SAID PARCEL 1; THENCE NORTH 56’03’18” EAST, 30.00 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM THE NORTHEASTERLY 5.00 FEET. --
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
8672
PC 03-86
EXHIBIT “B”
THE SOUTHEASTERLY 72.25 FEET OF THE NORTHWESTERLY 144.50 FEET OF
PARCEL 1 OF PARCEL MAP NO. 9040, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE RECORDERS OFFICE OF SAID
COUNTY ON AUGUST 13,1979.
8673
EXHIBIT "C"
E. MEOLEY & ASSOCIATES * (760) 414-9996 C: \KO 1 -064\EXH-
8674
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT DEED OF
EASEMENT dated November 25.2003, from Oak Avenue L.P., to the City of Carlsbad,
California, a municipal corporation, is hereby accepted by the City Council of the City of
Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and
the grantee consents to the recordation thereof by its duly authorized officer.
DATED: December 3 1,2003