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Home My WebLink AboutMS 05-05; Real Estate Collateral Management Company; 2006-0901068; Covenant0 TITLE COMPANY iViSION DEFT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2006-0901068 DEC 20, 2006 11:45 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 RY J S MIT H. CO LJ N TY R E CO R D E R FEES: 31.00 PAGES: 9 in 2006-0901068 SPACE ABOVE THIS LINE FOR RECORDER'S USE 8188 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: La Costa Greens 1.2/1.3 213-110-03-00 MS 05-05 Covenant for private drainage easement PR 06-133 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 8189 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private 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: floW«^&C o?ff,<&06 Real Estate Collateral Management Ccnpmy a felaware Uorgjation Fred R. Schdmel, 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 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8190 State of California County of San Diego On (Date) personally appeared before me, (Name, Title of Officer) (Name[s] of Signer[s]) t 0"personally known to me -OR - D (proved to. mo nn the basis nf nntir.factnry nvidnnnn) to be the person(s> whose name(s). is/ate- subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/hef#hetr-authorized capacity(tes), and that by his/hor/thoip signature^ on the instrument the person^s), or entity upon behalf of which the personfs)- acted, executed the instrument. WITNESS my hand and official seal Signature of Notary MCHEtEKXIlO Notuy PubNc -CoMonta •on Otogo County MyComm. fxptat Nov29. (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8191 EXHIBIT "A" PRIVATE DRAINAGE EASEMENT LEGAL DESCRIPTION PR 06-133 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 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AN ANGLE POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 3, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE AS SHOWN AND DESCRIBED ON SAID MAP NO. 14543 AS "N67°44'36"W 128.37'"; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 67°43'53" EAST, 40.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID LOT 3, NORTH 00°33'05" EAST, 89.89 FEET TO THE BEGINNING OF A 45.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°04'11" A DISTANCE OF 30.69 FEET; THENCE ON A NON-TANGENT LINE SOUTH 66°11'35" EAST, 71.40.00 FEET; THENCE SOUTH 81°38'22" EAST, 98.52 FEET; THENCE NORTH 72°51'11" EAST, 60.03 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°30'11" A DISTANCE OF 87.71 FEET; THENCE NORTH 39°21'00" EAST, 104.57 FEET TO THE BEGINNING OF A 187.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14020'46" A DISTANCE OF 46.95 FEET; THENCE NORTH 25°00'14" EAST, 116.26 FEET TO THE POINT OF TERMINUS. PAGE 1 OF 2 M:\2352\144\Legal Description\A09 La Costa Greens 1.2 Lot 3 CoA Esmt Drn.doc WO 2352-144 12/12/06 8192 THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND SHALL BE EXTENDED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN SAID SOUTHERLY BOUNDARY OF LOT 3 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL 3 OF MS 05-05. CONTAINING 0.243 ACRES, MORE OR LESS DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 M:\2352\144\Legal Description\A09 La Costa Greens 1.2 Lot 3 CoA Esmt Drn.doc WO 2352-144 12/12/06 8193 EXHIBIT "B" PR 06-133 LEGAL DESCRIPTION BENEFITED PROPERTY PARCEL 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. ^Oi7^ RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 0*^ 2£ 2**?<0 AS FILE NO. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2352\144\Legal Description\A15 La Costa Greens 1.2 Lot 3 CoA Esmt Drn bene.doc WO. 2352-144 11/27/06 8194 LEGEND INDICATES COVENANT FOR PRIVATE 15' WIDE DRAINAGE EASEMENT AREA - 0.243 ACRES P O C INDICATES POINT OF ' ' ' COMMENCEMENT T P O B INDICATES TRUE POINT OFi.r.u.a. POT INDICATES POINT OF TERMINUS ( ) INDICATES RECORD DATA PER MAP NO. 14543. LEGAL DESCRIPTION PORTION OF LOT 3 OF CARLSBAD TRACT NO. 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, FEBRUARY 12, 2003. HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)5584500- FX(858)558-1414 R:\0510\tMop\EP Prv Drn. Esmt 5HT OLdwg Dec-12-2006: 06: 48 jn. 2352-144 CARLSBAD TRACT NO, 00-03 LA COSTA GRE£NS MAP NO, 14643 SHEET 1 OF 3 PRIVATE DRAINAGE 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. 06-133 A.P.N.: 213-110-03 EXHIBIT "C! SEE: SHEET NO. 5 8195 CARLSBAD TRACT NO, 99-03 A COSTA GR££NS MAP NO, 14543 HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)5584500- FX(858)558-1414 R:\0510\fcMop\EP Prv Drn. Esmt SHT O2.dwg Dec-12-2006: 06: 49 jn. 2352-144 SCALE 1"=50' 150 SHEET 2 OF 3 PRIVATE DRAINAGE 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 PR. 06-133 1.2/1.3 A.P.N.: 213-110-03 EXHIBIT "C! P.O.T. PARCEL 2 PJVh -J-J-JO HUNSAKER & ASSOCIATES SAN DIECO, INC 8196 50 100 I/ 150 5BAD TRACT NO, 99-03 LA COSTA GR££N8 MAP NO, 14543 LOT 3 SEE SHEET NO. 4 PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)558-1414 R:\0510\8cMop\EP Prv Drn. Esmt SHT O3.dwg Dec-12-2006: 06: 49 jn. 2352-144 SHEET 3 OF 3 PRIVATE DRAINAGE 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. 06-133 A.P.N.: 213-110-03 EXHIBIT "C"