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Home My WebLink AboutMS 05-05; Real Estate Collateral Management Company; 2006-0901066; Covenant2-RECORDED AT THE REQUEST OF CHICAGO TITLE COMPANY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2006-0901066 DEC 20, 2006 11:45 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES' 2500 F'AGES: 7 2006-0901066 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: La Costa Greens 1.2/1.3 213-110-03-00 MS 05-05 8172 Covenant for private access easement PR 06-131 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) Real Estate Collateral Management Company, a Delaware 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 05-05 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 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8173 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private 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. „ , „teal Estate Collateral ManagementCCo. Dated: fl^gqbfr 31 &$(* <==<^SEK5^£y^t ** Fred R. Schimel, Vice President (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: eputy City Atto\iey 2 H /Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8174 State of California County of San Diego ) On ^ 1 33 \0\J before me, (Date) personally appeared Po\l4p (Name, Title of Officer) (Namefs] of Signer[s]) t H'personally known to me -OR - D (proved la UTS on the basis of satisfactory ovidonoo) to be the person(s) whose name^s) is/afe-^ subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacity(ies)-, and that by his/her/their signature(s)" on the instrument the person(e)i or entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal Signature of Notary MCHEtEPOUTO ConmniNton* 1616294 NokwAJbHc-CaMomkl San W«go County My Conwn.in?lm MOV 29,2009 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8175 EXHIBIT "A" COVENANT OF ACCESS EASEMENT LEGAL DESCRIPTION PR 06-131 THAT PORTION OF LOT 2 OF CARLSBAD TRACT 99-03, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 12, 2003, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AN ANGLE POINT ON THE WESTERLY BOUNDARY OF SAID LOT 2, SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS SHOWN AND DESCRIBED ON SAID MAP AS "N 27°20'07" E 658.71"; THENCE ALONG SAID WESTERLY BOUNDARY, SOUTH 27°20'50" WEST, 658.71 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY, SOUTH 60°23'54" EAST, 30.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 29°40'00" EAST, 278.65 FEET TO THE BEGINNING OF A 400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°14'00" A DISTANCE OF 134.27 FEET; THENCE NORTH 48°54'00" EAST, 146.55 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°00'30" A DISTANCE OF 136.16 FEET; TO THE SOUTHERLY LINE OF PROPOSED CAMINO VIDA ROBLE AND THE POINT OF TERMINUS. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND SHALL BE EXTENDED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN SAID SOUTHERLY PAGE 1 OF 2 M:\2352\144\Legal Description\A07 La Costa Greens 1.2 Lot 2 COA Esmt.doc WO 2352-144 12/12/06 8176 BOUNDARY OF LOT 2 AND NORTHERLY IN THE SOUTHERLY LINE OF PROPOSED CAMINO VIDA ROBLE. CONTAINING 0.480 ACRES, MORE OR LESS DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 M:\2352\144\Legal Description\A07 La Costa Greens 1.2 Lot 2 COA Esmt.doc WO 2352-144 12/12/06 EXHIBIT "B" PR 06-131 LEGAL DESCRIPTION BENEFITED PROPERTY 8177 PARCELS 3 AND 4 OF MINOR SUBDIVISION MS 05-05, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2-O\"1 ^ RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON D£C. 2.Q ZooC? AS FILE NO. DAVID W. AMBLER LS. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2352\144\Legal Description^ 1 La Costa Greens 1.2 Paris 3&4 COA Esmt.doc WO 2352-144 11/27/06 8178 K HUNSAKER^ & ASSOCIATES SAN DIEGO, INC PARCEL "A PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)558-1414 R: \0510\fcMop\EP CON ACCESS BEN 3 ft 4 SHT OLdwg Dec-12-2006: 06: 46 jn. 2352-144 LEGEND: P.O.B. INDICATES POINT OF BEGINNING. P.O.T. INDICATES POINT OF TERMINUS. INDICATES PARCEL "A" -ACCESS EASEMENT FOR BENEFIT PARCEL 3 AND 4. MS 05-05. AREA = 0.480 ACRES SHEET 1 OF 1 COVENANT OF PRIVATE ACCESS EASEMENT PLAT - C/7Y OF CARLSBAD APPUCANT/OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY C/0 MORROW DEVELOPMENT 1903 WRIGHT PLACE, SUITE 180 CARLSBAD. CA 92008 PREPARED BY: DAVID W. AMBLER LS 7322 EXPIRES: 12/31/07 PROJECT: MS 05-05 LA COSTA GREENS 1.2/1.3 PR. 06-131 A.P.N.: 213-110-02 EXHIBIT "C!