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Home My WebLink AboutMS 03-05; ; 2004-0233896; CovenantRECORDED 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 74/257 c LY DOC # 2004-0233896 MClR 22s 2004 11~28 QM ~~ SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 206-092-17-00 PROJECT NO. & NAME: MS 03-05 Garfield Point PR 03-90 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, 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 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:/Development SeMceslMastersiDeeds-Grant Deeds-Easemnts/Covenant for Easement Rev. 4/28/97 7747 See Exhibit “6” attached hereto and made a part hereof. Exhibit “C is provided for clarity only. This covenant for easement provides for drainage purposes 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: %,,,- 22, zmq Sea Bisquit, Inc., a California Corporation I 2A bd .*FA w (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 n By: Deputy City Attorney 2 H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslCovenant for Easement Rev. 4/28/97 7748 State of California ) ) County of San Diego 1 On L-,& LZ .m before me, 3-1~ &PA , ~ be, vu kblk 1 (&me, Title of Officer) (Name[s] of Signer[s]) (Datej 1 personally appeared c Gu I fe L 3to be the persono whose name(& idare subscribed to the within instrument and acknowledged to me that he/- executed the same in his/kehctkeir authorized capacity(+), and that by his/her/their signatureo on the instrument the person($, or entity upon behalf of which the person(4) acted, executed the instrument. WITNESS my hand and official seal Comm. # 1405665 NOTARY PUBLIC -CALIFORNU I) Son DiegL t t**v* Fipires March15 2007 __. I *- (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer(s) other than named above 3 H:/Development Sewices,MasterdDeeds-Grant Deeds-EasementdCovenant for Easement Rev. 4/28/97 7749 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant For Easement dated Janw 22.2004 from Sea Bisquit, Inc., a California Corporation, 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 03-90 EXHIBIT A LEGAL DESCRIPTION FOR DRAINAGE EASEMENT (OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 1) 7750 THOSE PORTIONS 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, HEREBY DESCRIBED AS PARCELS A, B C & D AS FOLLOWS: PARCEL A - THAT PORTION OF SAID LAND LYING WITHIN A 3.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2; THENCE SOUTH- WESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2, SOUTH 73'04'00'' WEST, (SOUTH 72'25' WEST PER MAP 1803) 4.54 FEET TO THE TRUE POINT OF BE- GINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 37'57'49'' WEST, 6.38 FEET TO A POINT HEREAFTER REFERRED TO AS "POINT A"; THENCE CONTINU- ING NORTH 37'57'49'' WEST, 14.60 FEET TO A POINT HEREAFTER REFERRED TO AS "POINT B"; THENCE CONTINUING NORTH 37'57'49" WEST, 28.90 FEET TO THE TER- MINUS OF SAID 3.00 FOOT WIDE STRIP. THE SIDELINES OF SAID 3.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED AS TO TERMINATE NORTHERLY IN A LINE BEARING NORTH 65'38'28" EAST THROUGH THE NORTHERLY TERMINUS OF THE ABOVE DESCRIBED PARCEL A AND SOUTHERLY IN THE SOUTHEASTERLY LINE OF SAID LOT 2. PARCEL B - THAT PORTION OF SAID LAND LYING WITHIN A 3.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 1 OF 2 F:\WINDATA!JOBS\12259 McGuire - Garfieldlegel desc for storm drain over par Zdoc . BEGINNING AT THE ABOVE DESCRIBED "POINT B", THENCE SOUTH 61 '1 7'08" WEST, 48.41 FEET TO A POINT HEREAFTER REFERRED TO AS "POINT C"; THENCE SOUTH 62O36'38" WEST, 26.1 1 FEET; THENCE SOUTH 85'43'34" WEST, 28.00 FEET TO THE TERMINUS OF SAID 3.00 FOOT WIDE STRIP. PARCEL C - THAT PORTION OF SAID LAND LYING WITHIN A 3.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED "POINT C", THENCE SOUTH 16'59'07" EAST, 8.20 FEET TO LINE LYING 1.50 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LOT 2, MEASURED AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE; THENCE PARALLEL TO SAID SOUTHEASTERLY LINE OF SAID LOT 2, SOUTH 73°04'00" WEST, 14.19 FEET TO THE TERMINUS OF SAID 3.00 FOOT WIDE STRIP. PARCEL D - THAT PORTION OF SAID LAND LYING WITHIN A 2.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED "POINT A", THENCE NORTH 51 '37'41 " EAST, 2.40 FEET; THENCE SOUTH 51'37'41" WEST, 15.20 FEET TO THE TERMINUS OF SAID 2.00 FOOT WIDE STRIP. GARY A. LINTVEDT , L.S. 4593 DATE MY LICENSE EXPIRES 9-30-06 MJS 1/15/04 WO 12259 PAGE 2 OF 2 F:\WINDATAWOBS\12259 McGuire - Garfieldlegal desc for storm drain over par 2.doc PR 03-90 EXHIBIT B LEGAL DESCRIPTION OF PARCEL 1 7752 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 1 OF PARCEL MAP NO. 9447 , 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 ez 2- Ol/ AS FILE NO. aOAl-0233g9g. MJS 1/15/04 WO 12259 Page 1 of 1 F:\WINDATAWOBS\12259 McGuire - Garfieldlagal desc for par l.doc 7753 EXHIBIT 'C' )ATE: SCALE: 4.P.N. 1 /15/04 PR 03-90 COVENANT OF EASEMENT DRAINAGE 206-092-1 7 o WNER: SEA BlSQUlT INC. PO BOX 2406 CARLSBAD, CA 9201 8-2406 DRAWN BY: SLD M JS CHECKED BY SHEET 1 OF 2 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 88'59'369s WEST LEGAL DESCRIPTION: 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: LINNEDT, MCCOLL & ASSOCIATES 2810 CAMINO DEL RIO S, STE 200 SAN DIEGO, CA 92108 PHONE: (619) 294-4440 LEGEND: I N D I C ATES CEN TER LI N E --- INDICATES PARCEL LINE __________--__ INDICATES EASEMENT LINE --- -INDICATES BOUNDARY LINE INDICATES COVENANT OF ACCESS & UTILITY EASEMENT INDICATES COVENANT OF DRAINAGE EASEMENT VICINITY MAP 1 - I 7754 EXHIBIT ’C’ O? L5 S617 7’08” W L6 S62’36’38”W L7 S85’43’34”W POB 48.41 ’ 26.1 1 ’ 28.00’ I I L10 N51’37’41 ”E L11 S51’37’41”W I I 2.40’ 12.80’ / / PR 03-90 )ATE: 1 /15/04 1 “=20’ 206-092-17 XALE: COVENANT OF DRAINAGE EASEMENT OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 1 l.P.N. !,f 251 &- 23.38’ N37’56’07”W 69.83’ GARFIELD STREET DRAWN BY: SLD M JS CHECKED BY: SHEET 2 OF 2 ILINE I BEARING DISTANCE L1 S73’04’0O’’W 4.54’ L2 N37’57’49”W 6.38’ I L3 I N37’57’49”W I 14.60’ I L4 I N37’57’49’’W I 28.90’ I L8 I S16’59’07”E 1 8.20’ I L9 I S73’04’0O’’W I 14.19’