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Home My WebLink AboutMS 800; Carlmart, LP; 1991-0038043; Covenant~. *. * e 1164 .F. .=. +L - ' =? : =+ ;z d ;?- "Z=-"- il I9 _/L ." 9 L '"5: . & :. .? >- :- ~~ '='-*! := .=. =- ~ f ", , 33 .!- ; j :=r' :< . < - -i i 2 +: : L .: :=>. :? .&. :*,-.=" i :: 1: =r . , : i < ;-I c i :-.. . . : .:. j:' .-,'.,I - T ?. ;j - i :: .? : i ,: 1 L 2 -;. I 1- .- ! :. - : i - RECORDING REQUESTED BY: ) City of Carlsbad 1 City Clerk 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad ) 1200 Elm Avenue 1 Carlsbad, California 92008 1 .-,-_: j ~* ,-:..-, __ ;.-*- ."--,?.r.."-i- .---->-.r- ,-~,~ , ..:_ , . .:i L. "- __::" - " i -;,., _"__ "i , "."i 'LL!'. - - . i-*. :<.>,~,,,c77; "::>,:,::-. .-.r:i. :-:.: -..--.-,----. - -":. . .. . . _. . _. - J 'C . ~ : L.. , - -.:- . .- , i2i.': I : .:.":.'.:-.. i.. . ... . . .. . .... i"_ -. *... i - _L : .. - > _" _. .. .e > -, II 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) w Carlmart L.P. 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 I*Al1 for the benefit of the property referred to in Exhibit llBrl. This covenant for I1 easement may be released only according to the procedures established by law if it is determined by the City that thc covenant is no longer needed to achieve the land use goals of thc City. This covenant for easement is required by a condition 01 approval for a Minor Subdvision Number 800 issued by the City 01 Carlsbad for development located on real property described ir Exhibits IrAl1 and llB*l. The property burdened by this covenant for easement is described as follows: See Exhibit I*A1* attached hereto and made a part hereof. Exhibit llC1* is provided for clarity only. The property benefited by this covenant for easement ir described as follows: See Exhibit llB1l attached hereto and made a part hereof. Exhibit **Ctt is provided for clarity only. Agreements/AG-5.FRM @y \a ,;:,.c f)\ 5 -w- ,L, .,,,;/ ' ' : ,~ CI . .. 0 1165 ,. . 1 a < This covenant for easement provides for drainge 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 shall be binding upon and the benefit of the easement shall inure to the benefit of all successors to the real property. Dated: October 15, 1990 CARLMART, L.P. By: Carltas Development Company, esident etary (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.] NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY 01 ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD 01 DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY 01 THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THI INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOB SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOI EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECl THERETO. Agreements/AG-5.FRM II) (I) STATE OF CALIFORNIA 1166 Jss. - COUNTY OF . ~ ~San Dieg.0 , 9 ~~ ~~~ c 2 On- o.c.tober 15 I 199.0 . . ~~ ~ . ~ . before me. the undersigned, a Notary Public in and for + L saidState,personallyappearedL Christopher c a. Ca-lkins. ~ . . ~ and 2; Lizbeth ~~ ~~ .~-~ . . A. . . . Ecke ~ . . ~ ~ . . . . . ~. .. .. , personally known to me C$&~r&~&/rp./.pr$&$$s : mo E 1 dddduf&kkdk& to be the persons who executed the within instrument as- . . ~ ~ . 50 29 vice . ~ President and.As.S b.t.a_n.t- Secretary, on behalf of ___...._. ~. ~~. ....... .. . ..~~~ ~ . . . ~ . ' a .= 2 + c. -... Carltas . .." . .. . ... .. Development ~~~~ ~". - ."......._ .. . Comp-a-ay", . .. s .g ._ - a, corporation executed the within instrument pursuant to its by- 2 0,Li Carlmart, L.P. c -0 m the corporation therein named, and acknowledged to me that said ?? E laws or a resolution of its board of directors,said corporation being o 2 known to me to beoneof the partnersof-. . . . . ~~ ~~~~ I N - the partnership that executed the within instrument, and ack- ? nowledged to me that such corporation executed the same as 'D such partner and that such partnership executed the same. Signature-" p-&* -~ (This area for official notarial seal) - .~~ "."" "~~ ~ .. "."" ~~~~~ ~. . .. . ~~~~ . ...." .~, In o 0 WITNESS my h d nd offcial m *' 0 l.M@ EXHIBIT "A" A PRIVATE DRAINAGE EASEMENT OVER, ACROSS AND UPON ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER.26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO. 16274, NORTH 22'30'29" WEST 440.82 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 16274; THENCE EASTERLY FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 22'30'29" WEST 790.30 FEET; THENCE NORTH 67'29'31" EAST 20.00 FEET; THENCE SOUTH 22'30'29" EAST 789.01 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF PARCEL 1 SOUTH 63'49'25" WEST 20.04 FEET TO THE TRUE POINT OF BEGINNING. AREA OF PRIVATE DRAINAGE EASEMENT, PARCEL A: 15793.10 SQ. FT. .ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 63'49'25" EAST 37.58 t e 116m EXHIBIT "B" PARCEL 2 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO. 16274, NORTH 22'30'29" WEST 440.82 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE EASTERLY .ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 63'49'25" EAST 557.00 FEET; THENCE SOUTH 26"10'35" EAST 5.00 FEET; THENCE NORTH 63'49'25" EAST 163.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS 200.22 FEET THROUGH A CURVE CONCAVE TO THE NORTH- WEST HAVING A RADIAL BEARING OF SOUTH 69"02'38" EAST AND HAVING A CENTRAL ANGLE'OF 43'17'22" AND A RADIUS OF 265.00 FEET HAVING A RADIAL BEARING OF SOUTH 67'40'00" EAST; THENCE SOUTH 22'20'00" WEST 143.22 FEET; THENCE 197.38 FEET THROUGH A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIAL BEARING OF SOUTH 67"40'00" EAST HAVING A CENTRAL ANGLE OF 33'45'32" AND A RADIUS OF 335.00 FEET HAVING A RADIAL BEARING OF SOUTH 78'34'28" WEST TO THE SOUTHEAST CORNER OF SAID PARCEL 2, THENCE LEAVING SAID NESTERLY RIGHT-OF-WAY SOUTH 63'49'25" WEST 451.15 FEET TO THE TRUE POINT OF BEGINNING. . * ,> ,. t - -~ ~ J\/1 J J\1 DF< 5 !J 32 VICINITY M, tv22 *3029^& iU.0.F POINT OF W1NNIM6 W-.l2TNEKWIP GENERAL P&& WELT& DEELOPMENT COMPLWV U(€GUTIVE VICE PFZEGIOENT MELCUIOR LAND SURVEYING INC. B731 PALMER WAY WITE G CARLSBAD, GA. 92006 (619)430-1726 JN. 974-09 COVENANT OF EA5EMENT 3 -31 -90 €XH/B/ 7 1 #c 8l ~ 1, 8 .1170 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated October 15, 1990 , from Carlmart L.P. ....................... . . -. . . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . . . . . . to the City of Carlsbad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. 91-3 , adopted on January 8, 1991 9 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: January 9, 1991 BY :