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Home My WebLink AboutMS 05-05; Real Estate Collateral Management Company; 2006-0901067; CovenantHSCORDED AT THE REQUEST OF CHiCAGO TITLE COMR&NY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2006-0901067 DEC 20, 2006 11:45 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH. COUNTY RECORDER FEES: 31.00 PAGES: 9 2006-0901067 SPACE ABOVE THIS LINE FOR RECORDER'S USE 8179 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: La Costa Greens 1.2/1.3 213-110-03-00 MS 05-05 Covenant for private access easement PR 06-132 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 H./Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 See Exhibit "B" attached hereto and made a part hereof. 81 o " 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. Dated: fljfUe^ber <Sfl>,&&£> Real Estate Collateral Management Company Fred R. Schimel, Vicfe 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 Bv: Deputy City Attorrley 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8181 State of California County of San Diego On (Date) personally appeared before me,?V (Name, Title of Officer) (Name[s] of Signer[s]) _, 0'personally known to me -OR - D tn mp nn thin hnnh nf aafiafoGtory ovidonooj-to be the person(s)-whose namefs) is/ape subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heF/their authorized capacity(ies), and that by his/hefftbeir signature(s)-on the instrument the person^, or entity upon behalf of which the person(s)— acted, executed the instrument. WITNESS my hand and official seal Signature of Notary MCHELEKXflO Commmton * 161d294 Notary PUJte-Codtomta Son Oto0o County J (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8182 EXHIBIT "A" COVENANT OF PRIVATE ACCESS EASEMENT LEGAL DESCRIPTION PR 06-132 THAT PORTION OF LOT 3 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 3, SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS SHOWN AND DESCRIBED ON SAID MAP AS "N 37°02'54" E 234.14'"; THENCE ALONG SAID WESTERLY BOUNDARY, SOUTH 37°03'37" WEST, 104.06 FEET TO THE TRUE POINT OF BEGINNING ; THENCE LEAVING SAID WESTERLY BOUNDARY OF SAID LOT 3, SOUTH 52°56'23" EAST, 81.64 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°00'38" A DISTANCE OF 68.09 FEET; THENCE NORTH 88°03'00" EAST, 45.00 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°42'00" A DISTANCE OF 85.00 FEET; THENCE NORTH 39°21'00" EAST, 105.19 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 10°52'01" A DISTANCE OF 37.93 FEET; THENCE NORTH 28°29'00" EAST, 25.43 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 101°23'05" A DISTANCE OF 88.47 FEET; THENCE SOUTH 50°07'55" EAST, 40.11 FEET TO THE BEGINNING OF A 53.75 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 135°37'47" A DISTANCE OF 127.24 FEET; PAGE 1 OF 2 M:\2352\144\Legal Description\A08 La Costa Greens 1.2 Lot 2&3 CoA Esmt.doc WO 2352-144 12/12/06 8183 THENCE NORTH 5°46'15" WEST, 230.10 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°18'18" A DISTANCE OF 163.91 FEET; THENCE NORTH 25°32'00" EAST, 87.35 FEET TO THE BEGINNING 200.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°07'58" A DISTANCE OF 14.43 FEET; THENCE NORTH 29°40'00" EAST, 38.75 FEET TO 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 WESTERLY BOUNDARY OF LOT 3 AND NORTHERLY IN THE SOUTHERLY BOUNDARY OF THE PROPOSED PARCEL 2. CONTAINING 0.853 ACRES, MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 M:\2352\144\Legal Description\A08 La Costa Greens 1.2 Lot 2&3 CoA Esmt.doc WO 2352-144 12/12/06 8184 EXHIBIT "B" PR 06-132 LEGAL DESCRIPTION BENEFITED PROPERTY PARCELS 2 AND 3 OF MINOR SUBDIVISION MS 05-05, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2,0 H4 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON /)^c- 2o * 2-°OQ? AS FILE NO. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2352\144\Legal DescriptiorMtS La Costa Greens 1.2 Paris 2&3 COA Esmt.doc WO. 2352-144 11/27/06 8185 HUNSAKER & ASSOCIATES SAN DIEGO, INC LEGEND: P.O.C. INDICATES POINT OF COMMENCEMENT. T.P.O.B. INDICATES TRUE POINT OF BEGINNING. P.O.T. INDICATES TRUE POINT OF TERMINUS. PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)558-1414 R:\0510\tcMop\EP CON ACCESS BEN 2 k 3 ESMT SHT OLdwg Dec-12-2006: 07: 00 jn. 2352-144 I////J INDICATES PARCEL "A - ACCESS EASEMENT FOR \ / / / A BENEFIT PARCEL 2 AND 3. AREA = 0.853 ACRES SHEET 1 OF 3 COVENANT OF PRIVATE ACCESS EASEMENT PLAT - CITY OF CARLSBAD APPLICANT/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. 06-132 A.P.N.: 213-110-03 EXHIBIT "C A=101'23'05" R=50.00'L=88.47' N28'2900 E 25.43 A=W5201 R=200.00' L=37.93' A=48'4200 R=100.00' L=85.00' P.O.C. PARCEL "A A=39'0038 R=100.00' L=68.09' T.P.O.B. PARCEL "A HUNSAKER & ASSOCIATES SAN DIECO, INC SCALE 1"=60' PLANNING 10179 Huemekens Street l ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)558-1414 R:\0510\tMop\EP CON ACCESS BEN 2 fc 3. Esmt SHT O2.dwq Dec-12-2006: 07: 01 jn. 2352-144 SHEET 2 OF 3 COVENANT OF PRIVATE ACCESS EASEMENT PLAT - CITY OF CARLSBAD APPLICANT/OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY C/0 MORROW DEVELOPMENT 1903 WRIGHT PLACE. SUITE CARLSBAD. CA 92008 180 PREPARED BY: DAVID W. AMBLER LS 7322 EXPIRES: 12/31/07 PROJECT: MS 05-05 LA COSTA GREENS 1.2/1.3 PR 06-132 A.P.N.: 213-110-03 EXHIBIT "C1 • •P.O.T. N29'40'00"E 38.75' 60 8187 120 SCALE 1"=60* A=04-07'58" R=200.00'L= 14.43 HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)5584414 R: \0510\tttap\EP CON ACCESS BEN 2 k 3. Esmt SHT O3.dwq Dec-12-2006: 07: 03 jn. 2352-144 SEE SHEET NO. 4 180 SHEET 3 OF 3 COVENANT OF PRIVATE ACCESS EASEMENT PLAT - CITY OF CARLSBAD APPLICANT/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. 06-132 A.P.N.: 213-110-03 EXHIBIT "C"