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Home My WebLink AboutMS 03-05; ; 2004-0233897; Covenant4 / RECORDED REQUEST 6F 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/;Lso -G DOC # 2004-0233897 . .. MRR 22m 2004 11~28 IAM .--- OFFICI# R€m SM DI€GU UMR BMRDW’S #‘FIG€ FEES: 28.00 7755 GawFwJ. SHIMS WUlTy llEcoFm SPACE ABOVE THIS LINE FOR RECORDER’S USE U ASSESSOR’S PARCEL NO. 206-092-17-00 PROJECT NO. & NAME: MS 03-05 Garfield Point PR 03-92 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:/Developmnt SeNices/Masters/Deeds-Grant Deeds-Easementqcovenant for Easement Rev. 4/28/97 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 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: \ ] 4 04 Sea Bisauit. Inc.. a California CorPoration (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: veputy City Attorney 2 H:IDevelopment Services/Masters/Deeds-Grant Deeds-Easements/Covenant tor Easement Rev. 4/28/97 State of California ) ) County of San Diego 1 On TG~ 22. w before me, ),,‘c I (N&e, Title of Officer) (Name[s] of Signer[s]) I (Date) ‘ personally appeared f flc &U ;y/4 R-• (W th e basis of ) to be the personw whose name@) is/= subscribed to the within instrument and acknowledged to me that hemy executed the same in his,4wA&eir authorized capacity(k& and that by his/he&her signature(%) on the instrument the personN, or entity upon behalf of which the personN acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of No. of Pages Document ll // Signer@) other than named above 3 H:IDevelopmenl Services/Maslers/Deeds-Grant Deeds-Easemenls/Covenanl 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 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 .. 7359 PR 03-92 EXHIBIT A LEGAL DESCRIPTION FOR PARKING, ACCESS & UTILITIES (OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 1) 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: THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 65'38'28,' EAST, 26.10 FEET: THENCE SOUTH 24'20'36" EAST, 34.83 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 2; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE SOUTH 73°04'00ff WEST, 18.41 TO THE POINT OF BEGINNING. EXp. 9-30-06 \ N0.4593 /*I GARY A. LINTVEDT , L.S. 4593 DATE MY LICENSE EXPIRES 9-30-06 MJS 1/28/04 WO 12259 PAGE 1 OF 1 F:\WINDATAUOBS\12259 McGuire - Garfieldlegal desc fo r ACCESS OVER 2 FOR 1 .doc PR 03-92 EXHIBIT B LEGAL DESCRIPTION OF PARCEL 1 7760 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. /9+V , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, DIEGO COUNTY ON 3 -22 - AS FILE ~o.2~~~-o~~38’f~. STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MJS 12/10/03 WO 12259 Page 1 of 1 F:\WINDATAWOBS\l2259 McGuire - Garfield\legal desc fw par 1-1 .hc EXHIBIT ’C’ 7761’ PR 03-92 )AX: 1 /28/04 CALE: COVENANT OF EASEMENT PARKING, ACCESS 8c UTILITY OVER PARCEL 2 I.P.N. 206-092-1 7 0 WNER: DRAWN BY: SLD M JS CHECKED BY SHEET 1 OF 2 SEA BlSQUlT INC. PO BOX 2406 CARLSBAD, CA 9201 8-2406 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 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: LINTVEDT, MCCOLL & ASSOCIATES 2810 CAMINO DEL RIO S, STE 200 SAN DIEGO, CA 92108 PHONE: (619) 294-4440 LEGEND: I N D I C ATE S C E N TER LI N E INDICATES EASEMENT LINE INDICATES PARCEL LINE --- -INDICATES BOUNDARY LINE -_------------ --- _I 7,777 INDICATES COVENANT OF ACCESS & UTILITY EASEMENT ;;,,.,*,/,A,;/ /* P ^, .P ..--,,I VlClNlTY MAP 1 /-t.F.ay GARY A. LINTVEDT, LS 4593 DATE CITY OF CARLSBAD I I 1A 12259, FB 325. 259EXH-C-019R-03-92.DWG 1 EXHIBIT ’C’ 7762 N37’56’07”W 69.83’ BEARING N37’56’07”W V, L2 N65’38’28”E L3 S24’20’36”E L4 S73’04’00”W MAP 1803 DISTANCI 33.38’ 26.10’ 34.83’ 18.41 ’ DATE: PR 03-92 SCALE. COVENANT OF EASEMENT A P.N. OVER PARCEL 2 FOR THE 1 /28/04 1 ” = 20’ 206-092-17 BENEFIT OF PARCEL 1 PARKING, ACCESS & UTILITY DRAWN BY SLD M JS CHECKED BY SHEET 2 OF 2