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Home My WebLink AboutPR 04-11; ; 2004-0655491; CovenantRECORDED AT THE REOWST OF CHICAGO TITLE CC)MP#NY , SUBDIVISION DEPT RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY 0,F CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR’S PARCEL NO. 223-720-07-00 223-720-1 0-00 223-720-1 1-00 223-720-1 3-00 24208 DOC # 2004-0655491 I 1ll11111111111111111111111 Ill11 11111 11111 11111 11111 Ill11 111ll1lll Ill1 JUL 14,2004 4:38 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER PAGES: FEES: 0.00 7 111111 ll111 Ylll I111 Ill1 1111 11111 ut11 Ill1 Ill11 Ylll1111 li111 Ill1 Ill1 IUI SPACE ABOVE THIS LINE FOR RECORDER’S USE PROJECT NO. & NAME: CT 99-04-02 Villages of La Costa - La Costa Ridge PR nd-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 20.04.1 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 “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. 1 H:/Development Services/Maste~Deed-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 24209 s The property benefited by this covenant for easement is described as follows: See Exhibit “B attached hereto and made a part hereof. Exhibit “C’ is provided for clarity only. This covenant for easement provides for 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 coven ant . 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: Real Estate Collateral Management U4d t% 24-i Company, a Delaware corporation 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 ATT’ORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 I H:IDevelopment Services/Masters/Deeds-Grant Deeds-EasamenWCwenant for Easement Rev. 4/28/97 24210 State of GaUewia =Zufh(n> ) County of-o &c ) On )ccd zq, w before me, ~Q~CC. c ~r@fIo 3 (Date) (Name, Title of Officer) (Name[s] of Signer[s]) personally appeared FZeD jLhthQr ,$personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person($ 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(@ on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal A hL -h Signature of Notary (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer(s) other than named above 3 H:/Development Services/Masters/Deeds-Grant Deeds-EasementsCovenant for Easement Rev. 4/28/97 24211 1 k- , EXHIBIT “A” LEGAL DESCRIPTION COVENANT FOR ACCESS EASEMENT PR 04-11 THAT PORTION OF LOT 227, 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. 1 9838 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON ‘7 ’4 , 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHWESTERLY SIDELINE DESCRIBED AS FOLLOWS, BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 238 OF SAID MAP NO. 4836 SOUTHERLY LINE OF SAID LOT 227, SOUTH 44”49’00” EAST, 186.45 FEET TO THE MOST WESTERLY CORNER OF LOT 235 OF SAID MAP NO. / 9938, AND THE POINT OF TERMINUS. THE NORTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE EXTENDED SO AS TO TERMINATE IN THE NORTHWESTERLY LINE OF SAID LOT 235. , THENCE ALONG THE NORTHEASTERLY LINE THEREOF AND THE TOGETHER WITH LOTS 235 AND 236 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. 19 93B , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON 7 14 ,2004. CONTAINING 11 282 ACRES, MORE OR LESS. DAVID’W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :G M:\2352\21\Legal Descriptions\a09-cityy-accesscovenant2.doc WO 2352-1 2 2/27/04 24212 EXHIBIT “B” LEGAL DESCRIPTION COVENANT FOR ACCESS EASEMENT PR 04-11 LOT 238 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. Iq 838 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON 7- ’v ,2004. CONTAINING 0.812 ACRES, MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :G M:\2352\21\Legal DescriptionskOS-city-accesscovenant2.doc WO 2352-12 2/27/04 SURVEYING PH(asaGsa-4soo. FX(~S~)SS~-I~PI k \026l\Wap\EP-r i dge-covenant2.DWGFeb-27-2004 15 12 JN. 2352-21 PREPARED BY: 237 PROJECT CT 99-04-02 1A.P.N.: SHEET 1 OF 1 WAGES OF LA COSTA lA COSTA RIDGE Pi?. 04-1 I co1 4PPLI CANT: :/o mdw DEVELOPMENT tEAL ESTATE COLLATERAL IANAGEMENT COMPANY 0903 WRIGHT PLACE, SUITE 180 ~ARLSBAD, CA 92008 223-720-07, 10, 11 , 12 EXHIBIT ” C ” DAVID W. AMBLER LS. 7322 EXPIRES: 12/31 /05 24214 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify 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