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HomeMy WebLinkAboutMS 07-02; CPT/SC Title Holding Corporation; 2009-0142982; CovenantRECORDED AT THE REQUEST OF CHiCAGO TITLE COMFfcNY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 834 DQC# 2009-0142982 MAR 23, 2009 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 40.00 PAGES:11 SPACE ABOVE THIS LINE FOR RECORDER'S USE 211-021-30ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Carlsbad Paseo MS 07-02 PR 08-67 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) CPT/SC Title Holding Corporation, 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 reciprocal easement is required by condition number 5 of approval for a Minor Subdivision, MS 07-02, 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: 835 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides a covenant for reciprocal private easement for private access purposes over, across and upon the burdened property (except on, over or under any building and other structure constructed thereon or where the owner or tenant of a parcel advises the party seeking to install the facility that a building or other structure is to be installed) 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. : \-CJj)Dated : \-C O> - CPT/SC Title Holding Corporation By: Southwest Carpenters Pension Trust Owner and sole shareholder of CPT/SC Title Holding Corporation By: Strategic Property Advisers, Inc. Authorized Real Estate Investment Manager fpr-Swthwest Carpenfe^te Pension Trust and )PT/SC Ti Peter G. Award, President JOINDER AND CONSENT: BJ's Restaurants, Inc., a California corporation, hereby joins in and consents to this Covenant for Easement and the easements granted herein, and subordinates its rights under that certain Lease dated November 30, 2008 to this Covenant for Easement. BJ's Restaurants, Inc., a California corporation Gregory S. Lynds Executive Vice President Chief Development Officer 2 836 JOINDER AND CONSENT: P.P. Chang's China Bistro, Inc., a Delaware corporation, hereby joins in and consents to this Covenant for Easement and the easements granted herein, and subordinates its rights under that certain Lease dated June 29, 2007 to this Covenant for Easement. P.P. Chang's China Bistro, Inc., a Delaware corporation Its: (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 837 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date ' personally appeared before me, ~7 >' f^Y)} M S— A SrcVH . Here Inse'rt Name and Title of the Officer me(s) of Signer{s) OIANNE A. SCOn Commission * 1802831 Noury Public - CsHfornk f Orsngt County - My Comm. Eigirss JunjS, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s^fp/are subscribed to the within instrument and acknowledged to me that /t^she/they executed the same in tfte/her/their authorized ccapacity(ies), and that by bj^/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mv.hand and official seal. Place Notary Seal Above SignatureJ^JLUi OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner —D Limited D General D Attorney in Fact D Trustee CH Guardian or Conservator D Other: RIGHTTHUMBPRINT [ • OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 Nafional Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvAv.NationalNotary.org Item S5907 Reorder: Call Toil-Free 1 -800-876-6827 4 838 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. Date personally appeared eforeme. &< .Here Insert Namefend Title of the Office Je* Name^of Signer^ S. C. BUCHENAU CommiMlon # 1745698 Notary Public - California San Diego County 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose namej^^fere subscribed to the within instrument and acknowledged to me that /fj|/ehe/they executed the same irj^S/herAheir authorized capacity(jig»), and that by/fij^her/their signature^ on the instrument the personj(sfTor the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _J^ OPTIONAL - Signature of Notary Public Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner—D Limited D General CD Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): ^_ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here. ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 4 839 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Qatifomia County of On * I /Date personally appeared before me, X/*r Here Insert Name and Title of the O|ncer J^COT/Ww Name(s) of Signer(s)-vy ' My Comm. Expires Juno is 2012 who proved to me on the basis of satisfactory evidence to he the person^ whose namejj^) is/^*subscribed to the within instrument and acknowledged to me that •be/she/tbey executed the same in -We/her/the* authorized capacity(fe9), and that by h«/her/tlwr signaturejjcyon the instrument the personQ$ or the entity upon behalf of which the persontefacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hai Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT • OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact O Trustee D Guardian or Conservator D Other: Signer Is Representing: R1GHTTHUMBPRINT OFSIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 91313-2402-www.NationalNotary.org Item 05907 Reorder:CallToll-Free 1-800-876-6827 4 840 EXHIBIT "A" PR 08 - 67 COVENANT EASEMENT FOR PRIVATE RECIPROCAL ACCESS EASEMENT OVER PARCELS 1,2 AND 3 OF CITY OF CARLSBAD MINOR SUBDIVISION MS 07-02 FOR BENEFIT OF PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1,2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18,2002 AS DOCUMENT NO. 2002-0913260, O.R. PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1,2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002- 0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28,1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO. 13078) 925.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 557.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 P20'36" A DISTANCE OF 110.27 FEET TO A POINT ON SAID EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS SOUTH 56°09' 58" WEST; THENCE LEAVING SAID EASTERLY LINE SOUTH 55°50'26" WEST 343.71 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCELS 2 AND 3, NORTH 26°48'03" WEST (NORTH 26°47'14" WEST PER SAID PARCEL MAP 11284) 738.65 FEET TO AN ANGLE POINT CORNER OF SAID PARCEL 3; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 25°12'24" WEST 300.01 FEET (NORTH 25°11 '47" WEST 300.01 FEET PER SAID PARCEL MAP) TO AN ANGLE POINT CORNER OF SAID PARCEL MAP; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 26° 15'29" WEST 68.05 FEET (NORTH 26° 15'48" WEST 68.03 FEET PER SAID PARCEL MAP) TO THE NORTHWEST CORNER OF SAID PARCEL 3 OF SAID PARCEL MAP; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, PAGE 1 OF 2 M.S. 07-02 841 NORTH 67°31'12" EAST 399.93 FEET (NORTH 67°31'17" EAST 400.00 FEET PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING IN 86.00 WIDE PASEO DEL NORTE. GROSS AREA CONTAINING: 393,182.15 SQ.FT. 9.026 ACRES MORE OR LESS NET AREA (LESS AREA OF PASEO DEL NORTE, 86.00 FEET WIDE) NET AREA CONTAINING: 303,396.27 SQ. FT. 6.695 ACRES MORE OR LESS DOUGLASf. MELt:HIOtl, P.L.S. #4611 LICENSE EXPIRES 9-30-2010 DATED: 2-02-2009 PAGE 2 OF 2 M.S. 07-02 EXHIBIT "B" 842 PR 08-67 LEGAL DESCRIPTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 18,2002 AS DOCUMENT NUMBER 20020913260 PARCEL B AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18,2002 AS DOCUMENT NO. 2002-0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP NO 11284, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO 13078) 925.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 557.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°20'36" A DISTANCE OF 110.27 FEET TO A POINT ON SAID EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS SOUTH 56°09'58" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY LINE OF SAID LOT 4 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°36' 10" A DISTANCE OF 210.01 FEET TO A POINT ON SAID EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS SOUTH 34°33'48" WEST; THENCE LEAVING SAID EASTERLY LINE SOUTH 36°14'37" WEST 423.11 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 41°33'09 WEST (NORTH 41°32'36" WEST PER SAID PARCEL 2) 36.16 FEET TO AN ANGLE POINT CORNER OF SAID PARCEL 2; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 33°48'36" WEST 151.34 FEET (NORTH 33°45'41" WEST 151.33 FEET PER SAID PARCEL 2) TO AN ANGLE POINT CORNER OF SAID PARCEL 2; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 26°48'03" WEST (NORTH 26°47'14" WEST PER SAID PARCEL 2) 161.34 FEET TO A POINT THAT BEARS SOUTH 26°48'03" EAST (SOUTH 26°47'14" EAST PER SAID PARCEL 2 AND 3) 738.65 FEET FROM A WESTERLY ANGLE POINT CORNER OF SAID PARCEL 3 OF SAID PAGE 1 OF 2 M.S. 07-02 843 PARCEL MAP; THENCE LEAVING SAID WESTERLY LINE NORTHEASTERLY NORTH 55°50'26" EAST 343.71 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING IN 86.00 WIDE PASEO DEL NORTE. GROSS AREA CONTAINING 104,503.08 SQ. FT. 2.399 ACRES MORE OR LESS NET AREA (LESS AREA OF PASEO DEL NORTE, 86.00 FEET WIDE) NET AREA CONTAINING 85,178.07 SQ. FT. 1.955 ACRES MORE OR LESS DOUGLASf R. MELC(3IOR, P.L.S. #4611 LICENSE/EXPIRES 9-30-2010 DATED: 2-02-2009 PAGE 2 OF 2 M.S. 07-02 EXHIBIT "C 844 PR 08-67 PLAT FOR COVENANT FOR PRIVATE RECIPROCAL ACCESS EASEMENT PURPOSES OVER PARCELS 1, 2 AND 3 OF CITY OF CARLSBAD MINOR SUBDIVISION M.S. 07-02 FOR THE BENEFIT OF PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF COUNTY RECORDER OF , SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, O.R. &IP.O.B PARCEL B T.P.O.B PARCELS 1.2&3 N2615'29" W 738.65'N 26<48'03" W 899.99' INTERSTATE FREEWAY U.S. 5 200 GRAPHIC SCALE 0 200 400 DATA TABLE LEGEND SCALE = 200 FEET P.OB. = INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING (R) = RADIAL BEARING INDICATES PRIVATE RECIPROCAL ACCESS PURPOSES TO BENEFIT PARCEL B OF CERTIFICATE OF COMPLIANCE ADJUSTMENT PLAT REC OCT 18, 2002 DOC# 2002-0913260 O.R. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 138 & CLSB 057, PER ROS 17271. I.E. N 3017'1 9" W 4978.85' GRID R=557.00' L=1 10.27' A=2r36'10" R=557.00' L=210.01' A=ir23'13" R=643.00' L=1 27.79' A=2r20'04" R=643.00' I = N 33<48'36" W 151.34' N 41 ^'Og" W 36.16'N se-og'ss" E(R) N 67'30'34I> E(R) N 67'30>34" E(R) N 56'07'2r E(R) N 34-33'48" E(R) N 34'47'17" E(R) EASEMENT PLAT CITY OF CARLSBAD SHEET 1 OF 1 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 PREPARED DOUGLAS R. &/BLCHK LS. 461 f "EXP. 9^30- 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010^ (760) 438-1726 PR 08-67 A.P.N. 211-021-30 DATE 02-02-09 MS 07-02