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Home My WebLink AboutPR 2.3.39; T.I.L., LTD.; 90-507855; Covenant..y '\ ,' t I .. IJ ddE 903 83 501855 RECORDING RE STED BY: 1 City of Carlsbad 1 WHEN RECORDED MAIL TO: 1 1 .- i., , ',..-~~~~..~.~~~.~'., -9 ' ,, . . ...,.J??L,..?-:.; i'j j :I+ # :ctf;+;L ~; .. -< i :;.. ;t 5 2 , < ; < ; c-... .. I- :.-.:.- \ .. .- .. .. . . j. _, i City of Carlsbad 1200 Elm Avenue i ) Q' ' ii. - ,-.. ::-.+.I .r,...c .. - - .i, .:.,< -.: =-:a .: . ; 7 Fg 7: 2 3 kL.22;. ~ "./ C-L - Carlsbad, California 92008 i . .. . ._ .. :...= ! - -,. i -:i"i :.. ; -.-; C' :. ~ .i.&"., ___ - 1- .-_ f -. :. .r - i e,> I :;$" :s ' =-.""w2=I . . . .. . ...;"".i;f -. ."" :, PR 2.3.2 COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) T.I.L., LTD., a California Limited Partnership and T.I.O., LTD, a California Limited Partnership hereinafter referred to as Ownel create a covenant for easement for the purpose stated hereor over, across and upon the real property described in Exhibit Ill for the benefit of the property referred to in Exhibit ltB1l. Thi covenant for easement may be released only according to tl procedures established by law if it is determined by the City thz the covenant is no longer needed to achieve the land use goals c the City. This covenant for easement is required by a condition c approval for a Minor Subdivision Number MS 777 issued by the Cil of Carlsbad for development located on real property described j Exhibits RIA11 and ltBtl. The property burdened by this covenant for easement : described as follows: See Exhibit ltA1t attached hereto and made a part hereof. Exhibit I1Ct1 is provided for clarity only. The property benefitted by this covenant for easement : described as follows: See Exhibit ItBtt attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for reciprocal privai access, parking and drainage over, across and upon the burdenc property for the benefit of the property benefitted and shall 1 enforceable by the City, by the Owner of the property benefittc and by the successors in interest to the property benefitted 1 Agreements/AG-5.FRM @p ' *\. -0 I >. this covenan le e 90s w L -I 1, 1 .4 4 -5 1 1 This covenant for easement shall run with the land, and th burdens of the covenant of easement shall be binding upon and th benefit of the covenant of easement shall inure to the benefit c all successors in interest to the real property. Dated: kk$&sy M. /790 T.I.L. LTD., a California Limited Partnership, Owner By: D.H.W. Ltd., a California General Partnershir General Partner T.I.O., LTD., a California Limited Partnership, Ownel By: D.H.W. Ltd., a California General Partnershir General Partner '7, '', \ c Robe_l;.t?33urkeI General Part.ner (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED, NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY ( ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF TH: DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD ( DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETA1 OF THE CORPORATION8 UNDER CORPORATE SEAL SPECIFICALLY EMPOWER11 THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SH( SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT8 PRIOR TO THE EXECUTION OF THIS COVENAl FOR EASEMENT8 THE PARTIES CONSULT WITH THEIR ATTORNEYS WI! RESPECT THERETO. Agreements/AG-S.FRM . * w a w PARTNERSHIP ACKNOWLEDGMENT 905 the undersigned Notary Public, personaify appeared ,. I 7 '% ? ' ffl,.j& c. /*jygfl!& /.,#9 /"2 ,i.q[jL ,y,<1 a/pJiJ--E, &,+ ,' .,o ,. I ,/:-.- ,,ti. ~.. 0 personally known to me d proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of tht 7130 122 NATIONAL NOTARY ASSOCIATION 23M2 Ventura Blvd. P.O. Box 4625 Woodland Hills I. . . ..w L 0 e 906 Y EXHIBIT A COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT (PARCEL B) MS 777; P.R. 2.3.39 All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows: Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55°28'3911 West (South 55"27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29'4111 West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING: thence North 34"29'411r West, 101.09 feet; thence North 79"29f4111 West, 25.46 feet; thence North 34°2914111 West, 39.50 feet; thence North 79"29I4l1l West, 25.92 feet; thence South 55°30'19'1 West, 24.67 feet; thence North 34"29I4lgv West, 8.50 feet; thence South 55"30'191f West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County; thence northwesterly along said parallel line, North 34"32'22" West, 62.78 feet, to an intersection with the lands described in quit claim deed to Bette M. Carpenter, Recorded: October 22, 1957, in Book 6802, Page 596 of official records; thence northeasterly along said Carpenter's land, North 55°27f381r East, 49.00 feet; thence continuing along said land, North 34"32'2211 West, 50.00 feet, to the southeasterly most corner of land described in deed to Carlsbad Journal, recorded: December 10, 1962, as File No. 209546 of official records; thence continuing along the east line of said Carlsbad Journal's land, North 34'32'22" West, 50.00 feet; North 55"27'38" East, 30.00 feet; North 34°32f22tl West, 49.96 feet to an intersection with the northerly line of said Tract 96, thence northeasterly along the northerly line of said tract, North 55"28'53'' East, 307.23 feet; to the beginning of a tangent 25.00 foot radius curve, concave southeasterly; thence northeasterly and southeasterly along the arc of said curve, through a central angle of 90"03'031r, a distance of -1 IWL .. >< '. I e * 907 .. k 39-29 feet; thence tangent to said curve, and parallel with the westerly side line of Washington Street as shown on said Record of Survey 9536, South 34°28t04tt East, 348.25 feet, to the beginning of a tangent 25.00 foot radius curve, concave southwesterly; thence southeasterly and southwesterly along the arc of said curve, through a central angle of 89°56'43tt, a distance of 39.25 feet: thence tangent to said curve, along a line that lies 2.00 feet northwesterly and parallel with the southerly line of the above described Tract 96; thence southwesterly along said parallel line, South 55°28t39vt West, 209.70 feet to the TRUE POINT OF BEGINNING. %FrPIT"A" Wq-PZ , .. b, -1 ,- 0 0 903 .- I. V EXHIBIT B COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT (PARCEL A) MS 777; P.R. 2.3.39 All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows: Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55°28v3911 West (South 55"27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29l4l1! West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING; thence North 34 "29 l4l1# West, 101.09 feet: thence North 79"29I4lt1 West, 25.46 feet; thence North 34"2914111 West, 39.50 feet; thence North 79"29'4lP1 West, 25.92 feet; thence South 55"30r1911 West, 24.67 feet; thence North 34°29v411g West, 8.50 feet; thence South 55°30t1911 West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County; thence southeasterly along said parallel line, South 34'32'22" East, 160.51 feet, to the beginning of a tangent 25.00 foot radius curve, concave northeasterly, thence southeasterly along the arc of said curve, through a central angle of 89°58159t1, a distance of 39.26 feet; thence tangent to said I curve, along a line that lies 2 .OO feet northerly and parallel with the southerly line of the above described Tract 96, thence northeasterly along said parallel line, North 55°28t3911 East, 151.08 feet, to the TRUE POINT OF BEGINNING. 'c- -. . >., , . .. . _f . " .. .,* I 0 N 34' W.41" W 101 .W' @ N 34'542'2P W 30.~0' @ N19O 29'dl"W 29.4~' (@ N 3?3?2ZuW 40.~0' @ N3Yfl'Ctl'N 39.50' @ rJWzq'%"E 30.~0' @ N ?4)'29'+In W 24.32' @ 4 W032'2Z''13 IbO.Cjl' @ 66s" W'I9''d 24.02' @ b@Y%'li;3' P"2ci.DdL'W.ZIp' @ NW"ZPf'd+l" kJ 8.m' @ p.lGC70 Z0'W'C 151.08' @) 465'?50'19'N l[5.22' @ id3b''%'22'N 49.9b' 1 , '. I -?* .. I- .. .' a e 91 0 EXHIBIT C PLAT To ILLuITKATE' COVENANT FOR RECIPKOCAL'PRNATE PARKING, ACCESS ANI COVENANT FDR KEC(PROCAL f @ A. W*lo)'zP)* R:cj.rx>' L : 7.45' @ N W%'22. N IG0.D' @ hl"il"2"W 2&.41' @ h1W42'22"lkl &.%' @ rJ m* W"38"N 2cj.Io' '@ NWZ?'%'C ?Q.cO' @ N ?4*552'Zz"kl 22.d @) 6.: 5T" %'W* R: 25d L: W.ud @ NWO ~9'4[~d 14.m' @ hl lo.zB'rn'E e.?[' (GJ ASW CO'W" R.. 2LD' L4.U' WALD L. HoLU>@Y, &E 293 @ td W2B'W''E 1Dcj.W' @ NrjCjO W'I9''E 20.W' M't W~~llOtd EXPIm: 3 .?I ... PROJECT NAME: COVENANT FOR RECIPROCAL PRIVATE PROJECT r EXH\B[T ACCE55 PARKING 6 DRAINAGE EASEMENT " C 11 No. s MS 777 , SHT. 2 OF P.R. 2.3..39 -. . . .* I c * @I - CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated August 17, 1940 , from T.I.L., Ltd. 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. 90-332 , adopted on September 4, 1990 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 6, 1990 / BY: *L&*?.&"dNKUN* 64