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Home My WebLink AboutMS 03-05; ; 2004-0233895; Covenant.- -. I . _. . .. - __ . .I.. RECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2004-0233895 7738 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 206-092-17-00 PROJECT NO. & NAME: MS 03-05 Garfield Point PR 03-91 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) Sea Bisquit, Inc., a California Corporation, Rereinafter 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 Minor Subdivision number MS 03-05 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: 1 H:/Developmenl Services/MaslerdDees-Granl Deeds-EasementdCovenant for Easement Rev. 4/28/97 7739 See Exhibit "B attached hereto and made a part hereof. Exhibit "C is provided for clarity only. This covenant for easement provides for access and utility purposes over, across and Jpon the burdened property for the benefit of the property benefited and shall be enforceable 3y the City and the Owner of the property benefited and any successors in interest to the xoperty 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: 1 )"/"4 Sea Bisquit, Inc., a California Corporation 1 LI (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: Deputy City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-EasemntdCovenant for Easement Rev. 4/28/97 State of California ) 1 County of San Diego ) On 22, Uq before me, &wed , fY f?u Qlr'c 6 1 f (Date) ' (Nade, Title of Officer) (Name[s] of Signer[s]) personally appeared f fl cg, 1 fQ (-1 o me on th) be the personk whose name0 is/- subscribed to the within instrument and acknowledged to me that he/skeftkepr executed the same in his/kerfthetr authorized capacity0, and that by hisLkdrWhnir signatureh) on the instrument the persono, or entity upon behalf of which the persono acted, executed the instrument. WITNESS my hand and official seal ----4gnarGre ow (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer@) other than named above 3 I H:IDevelopment Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant For Easement dated January 22,2004 from Sea Bisquit, Inc., a California Cornoration, 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: March 18,2004 PR 03-91 EXHIBIT A LEGAL DESCRIPTION FOR PARKING, ACCESS & UTILITIES (OVER PARCEL 1 FOR THE BENEFIT OF PARCEL 2) THAT PORTION OF LOT 2 IN BLOCK "V" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 25, 1924, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 2; THENCE NORTH- WESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 2, NORTH 37'56'07'' WEST, (NORTH 38'30' WEST PER MAP 1803) 33.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 37'56'07" WEST, 36.45 FEET TO THE MOST WESTERLY CORNER OF LAND GRANTED TO SEA BISQUIT, INC. MAY 16, 2003 AS DOCUMENT NO. 2003-057436; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND, NORTH 65'40'56" EAST, 43.90 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 24'1 9'04" EAST, 13.30 FEET; THENCE SOUTH 65'38'56" WEST, 17.25 FEET; THENCE SOUTH 24'21'04" EAST, 11.23 FEET; THENCE NORTH 65'38'56" EAST, 2.27 FEET; THENCE SOUTH 24'21 '04" EAST, 10.87 FEET TO A LINE BEARING NORTH 65'38'28'' EAST FROM THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, SOUTH 65'38'28" WEST, 20.35 FEET TO THE TRUE POINT OF BEGINNING. MJS 1120104 WO 12259 GARY A. LINTVEDT , L.S. 4593 DATE MY LICENSE EXPIRES 9-30-06 PAGE 1 OF 1 F:\WINDATAUOBS\12259 McGuire - Garfield\legal desc fo r ACCESS OVER 1 FOR 2.doc 7743 PR 03-91 EXHIBIT B LEGAL DESCRIPTION OF PARCEL 2 THAT PORTION OF LOT 2 IN BLOCK "V" OF PALISADES NO. 2, IN THE CITY OF CARLS- BAD, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 25, 1924, AS SHOWN AS PARCEL 2 OF PARCEL MAP NO. I9447 , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 3 -22- 0.f AS FILE NO. m0cf-02338~4. MJS 12/10/03 WO 12259 Page 1 of 1 F.\WINDATAWOBS\12259 McGuire - GarfieldUegal desc for par 2.doc 7744 EXHIBIT ’C’ DATE: 1 /28/04 SCALE: A.P.N. 206-092-1 7 1 .OWNER: LEGEND: DRAWN BY: CHECKED BY SHEET PR 03-91 SLD M JS COVENANT OF EASEMENT PARKING, ACCESS & UTILITY OVER PARCEL 1 1 OF 2 SEA BlSQUlT INC. PO BOX 2406 CARLSBAD, CA 9201 8-2406 I N D I C ATE S CENTER LI N E INDICATES EASEMENT LINE INDICATES PARCEL LINE --- -------------- --- --- -INDICATES BOUNDARY LINE INDICATES COVENANT OF ACCESS & UTILITY EASEMENT BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NAD 83, ZONE 6 GRID BEARING BETWEEN STATIONS CARLSBAD 118 TO STATION CARLSBAD 141 I.E. NORTH 88’59’36” WEST I L EGAL DESCRIP TION: PORTION OF LOT 2 IN BLOCK ”V” OF PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. ENGINEER OF WORK: LINTVEDT, MCCOLL & ASSOCIATES 2810 CAMINO DEL RIO S, STE 200 SAN DIEGO, CA 92108 PHONE: (619) 294-4440 VICINITY MAP EXHIBIT 'C' I* I. 7745 ATE: :ALE: .P.N. 12/8/03 1"=20' 206-092-17 50.49' -3 N38'02'32" W 94.04' I T- -- 43.55' I N54'19'04"E 35.35' / I / I I DRAWN BY CHECKED BY SLD PARKING, ACCESS & UTILITY M JS PR 03-91 COVENANT OF EASEMENT OVER PARCEL 1 FOR THE SHEET: BENEFIT OF PARCEL 2 2 OF 2 I I I LINE DATA -LINE BEAR IN G DISTANCE L1 N37'56'07"W 33.38' L2 N37'56'07"W 36.45' L3 N65'40'56"E 43.90' L4 S24'19'04"E 13.30' N37'56'07''W 69.83' L5 S65'38'56"W 17.25' L6 S24'21'04"E 11 23' L8 S24'21'04"E 10.87' L9 S65'38'28"W 20.35' v, L7 N65'38'56"E 2.27' CITY OF CARLSBAD