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Home My WebLink AboutPR 04-07; ; 2004-0655487; Covenant24180 X‘CORDED AT THE REQUEST OF CHICAGO TITLE COMmNY SUBDIVISION DEPT. ’ RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 20044855487 I llllllll 111 lllll111ll11111111ll IIIII 11111 11111 11111 IIIII 111ll111111ll JUL 14,2004 4:38 PM 0 FFl ClAL RE CORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 7 SPACE ABOVETHIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 223-720-01-00 223-720-03-00 PROJECT NO. & NAME: CT 99-04-02 Villages of La Costa - La Costa Ridge PR 04-07 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 20.04.1 40) 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 Carlsbad Tract number 99-04-02 issued by the City of Carlsbad for development located on real property described in Exhibits “A and “6”. 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 Sewices/Masters/De&s-Granl Deeds-Ease~nls/Covenani for Easement REV. 4/28/97 24181 See Exhibit “B attached hereto and made a part hereof. Exhibit “C is provided for clarity only. This covenant for easement provides for QcCess 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: 214& Real Estate Collateral Management Company, a Delaware corporation , /*cp BY 1- By: Fred R. Schimel (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 AlTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney 2 I H:mevelopment ServiceslMasterslDwds-Grant Deeds-EasemenWCovenant for Easement Rev. 4/28/97 243.82 State of 6attfmia J&u;l(~ ) 1 Countyof- Ccy ) On ~/ZL(/O~ before me, b, 4%~ c, h?haa 1 (Date) (Name, Title of Officer) personally appeared qe ZkA,Ad (Name[s] of Signer[s]) ,flpersonally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person@) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary official notary seal) Title or Type of Document Y Date of No. of Pages Document I Signer(s) other than named above 3 I HYDevelopmnt Sefvices/Masters/Deeds-Grant Deeds-EasemntdCovenant lor Easement Rev. 4/28/97 24183 EXHIBIT "A" LEGAL DESCRIPTION COVENANT FOR DRAINAGE EASEMENT PR 04-07 THAT PORTION OF LOT 223, OF CITY OF CARLSBAD TRACT NO. 99-04-02, VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. i4m , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON ''7 "1 c/- av , 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 220 OF SAID MAP, SAID POINT BEING ON THE WESTERLY LOT LINE OF SAID LOT 223 AND ALSO BEING ON THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 66"05'00" EAST; THENCE SOUTHERLY ALONG SAID WESTERLY LOT LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO"32'00" A DISTANCE OF 4.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LOT LINE, SOUTH 65"33'00 WEST, 16.79 FEET TO A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21"01'00 A DISTANCE OF 55.02 FEET; THENCE TANGENT SOUTH 86"3400 EAST, 408.42 FEET. k- . THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE EXTENDED OR SHORTENED SO AS TO TERMINATE WESTERLY IN THE WESTERLY LOT LINE OF SAID LOT 223 AND EASTERLY IN THE SOUTHEASTERLY LOT LINE OF SAID LOT 223. CONTAINING 0.221 ACRES, MORE OR LESS. DAVID W. AMBLER - L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :G M:\2352\21\Legal Descriptions\al2-city-draincovenant5.doc WO 2352-12 2/27/04 I, 24184 EXHIBIT “B” LEGAL DESCRIPTION COVENANT FOR DRAINAGE EASEMENT PR 04-07 LOT 220 OF CITY OF CARLSBAD TRACT NO. 99-04-02, VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148 ?A , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON SOL> 1 v, 2004 CONTAINING 2.404 ACRES, MORE OR LESS. 3-/- 2009 DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :G M:\2352\21\Legal Descriptionsh 12-city-drainwvenant5.doc WO 2352-12 2/27/04 ~~~-~ ~ 24185 Cl c2 FNUMBER I DELTA I RADIUS ILENGTH I 00’32 ’00 ” 530.00 4.93 2 1’0 1 ’00” 150.00 55.02 4PPLICANT PREPARED BY: PROJECT CT 99-04-02 iEAL ESTATE COLLATERAL dANAGEMM COMPANY WLLAGES OF fA COSTA c/o mow DEVELOPMENT LA COSTA RIDGE 10903 WRIGHT PLACE, SUITE 180 CARLSBAD, CA 92008 EXPIRES 12/31/05 PR. 04-07 225 A.P.N.: 223-720-01, 03 EXHIBIT ”C” 241.86 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certifjr that the interest in real property conveyed by the Covenant For Easement dated March 24, 2004 from Real Estate Collateral Management Company, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: July 13,2004