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Home My WebLink AboutMS 02-14; ; 2005-0501764; CovenantRECORDING REQUESTED BY- Ticor Title- San Diego Branch RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # JUN 15,2005 12101 PM 9125 PAGES 6 I lUi1 Ulll lllll lllil lllli Illit Sill1 lliil lllil Miii lllll lllli Uili MI IiII Ill1 2005-0501 764 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 205-21 0-93-00 PROJECT NO. & NAME: MS 02-14 Slatterv - Chestnut Minor Subdivision PR 04-94 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) William F. Slattery, Jr. and Michele S. Slattery, trustees of the Mellor Family Trust dated October 28, 1999, 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 "6". 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 02-14 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: 1 H:/Development Services/Masters/Deeds~rant Deeds-Easements/Covenant for Easement Rev. 4/28/97 9126 See Exhibit “B” attached hereto and made a part hereof Exhibit ‘IC” is provided for clarity only. This covenant for easement provides for 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: William F. Slattery, Jr. and Michele S. Slattery, trustees of the Mellor Family Trust dated October 28 1999 b J5.X (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 By: 2 HYDevelopment ServiwslMasterslDeeds-Grant Deeds-EasementslCovenant for Easement Rev. 4/28197 9127 State of California ) ) County of San Diego 1 (Date) personally appeared (Name[s]’of Signer[s]) L&rsonally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Mare 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 -- Signature of Notary (This area for official notary seal) Title or Type of Document ccue/id F.i bkflrof No.ofPages 2 Date Document Signer(s) other than named above 3 1 H:/Development ServiceJ/Masters/Deeds-Grant Deeds-EesamentslCovenant for Easement Rev. 4/28/97 9128 EXHIBIT “A” PR 04-94 AN EASEMENT FOR JOINT ACCESS OVER PARCEL 1 FOR THE BENEFIT OF PARCEL 2, M.S. 02-14 THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 01 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12,2001, DESCRIBED AS FOLLOWS: DECEMBER 9,1951 AND CHESTNUT SITE BOUNDARY ADJUSTMENT ADJ 01- [DESCRIPTION OF JOINT ACCESS EASEMENT OVER PARCEL 11 (BASIS OF BEARINGS BEING THE NAD 83, ZONE 6, GRID BEARING BETWEEN STATION GPS No. 120 AND STATION GPS No. 121, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK.) BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF ADAMS STREET, SOUTH 28’10’01” EAST A DISTANCE OF 246.31 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE, NORTH 61’50’31” EAST A DISTANCE OF 140.00 FEET; THENCE NORTH 28’10’01” WEST A DISTANCE OF 246.30 FEET TO A POINT ON THE CENTER LINE OF CHESTNUT AVENUE; THENCE ALONG SAID CENTERLINE NORTH 61’50’31” EAST A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 61’50’31’’ EAST A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID CENTER LINE OF CHESTNUT AVENUE, SOUTH 28’10’01” EAST A DISTANCE OF 180.10 FEET; THENCE SOUTH 6l05O’31”WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 28’10’01” WEST A DISTANCE OF 180.10 FEET TO THE TRUE POINT OF BEGINNING. 2,251.5 SQ. FT. Clarence Butler, LS 41 84 Date 9129 EXHIBIT “B” PR 04-94 LEGAL DESCRIPTION OF PARCEL 2, MS 02-14 THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 01 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12,2001, DESCRIBED AS FOLLOWS: DECEMBER 9,1951 AND CHESTNUT SITE BOUNDARY ADJUSTMENT ADJ 01- (BASIS OF BEARINGS BEING THE NAD 83, ZONE 6, GRID BEARING BETWEEN STATION GPS No. 120 AND STATION GPS No. 121, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK.) BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF ADAMS STREET, SOUTH 28’10’01” EAST A DISTANCE OF 246.31 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE, NORTH 61’50’31” EAST A DISTANCE OF 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 28’10’01’’ WEST A DISTANCE OF 246.30 FEET TO A POINT ON THE CENTER LINE OF CHESTNUT AVENUE; THENCE ALONG SAID CENTERLINE NORTH 61’50’31’’ EAST A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID CENTER LINE OF CHESTNUT AVENUE, SOUTH 28”lO’Ol” EAST A DISTANCE OF 180.10 FEET; THENCE NORTH 61 “50’3 1” EAST A DISTANCE OF 140.91 FEET; THENCE SOUTH 30’23’29” EAST A DISTANCE OF 66.25 FEET; THENCE SOUTH 61’50’31” WEST A DISTANCE OF 158.50 FEET TO THE TRUE POINT OF BEGINNING. 13,107.8 SF .301 Acres Clarence Butler, LS 41 84 Expires k/34!&4 I. EXHIBIT '%' 9130 PAT FOR JOINT ACCESS CoVENANT FOR EASEMENT PURPOSES OVER PARCEL 1 FOR THE BENEFW OF PARCEL 2, AND OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 1, ALL IN M.S. 02-14, S30'23'29"E 1 \ ~~~N28"lO'Ol'W 120.00' 7 6\ '? m c d 2 Q\ -JOINT ACCESS E PARCEL 1 FOR BENEFIT OF PARCEL 2 i Is - (BASISOF B-ES~NGS BEING THE NAD 83, ZONE 6, GFUD BEARING BETWEEN STATION GPS No. 120 AND STATION GPS No. 121, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK.) '., i' F-- - \ I .- ST. -so' - Si, 1vu1 TPLAT-(: cLARp;NcEM.BUTLER 4 A.P. NO. 205-210-93 PR04-94