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Home My WebLink AboutPR 2.3.40; T.I.L., LTD.; 90-507854; CovenantI , , ** t* I RECORDING RE B STED BY: 1 City of Carlsbad 1 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Avenue 2 ...... 1 . .... j . .- r 1 7 pi 7.: 2 3 Carlsbad, California 92008 1 894 a 503854 ..- - - " ... . .- ..-_ , .." .. =-__ -7 -:-* E. ;. z i i .i-. i; : : ;?; ...... ... ... ~2 ." .. ., . . " . ,. -. .-. i_j . I. i i. . - , + .+:. .-: f .... " .-,. .... i .. , . ........ ..... . .......... .~ .... ....... - b, ,<,, .-* .... .% ?.. - 4 _. . %-< :: &;& l&& ... 'S'. = 5 =I: G .. .- " . i __ ~" .% i 3 I_=: ?.- 3 ?x.- r. L.".Y.-- : - ,--.?..&c- .. ..,> !.. j .< y "";I- z: i ~+c~~~~i - ;i PR 2 . 3 . 41 COVENANT FOR EASZ~~~T A.L. -,.->-:. r cri (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 Owner; create 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 aBrt. Thi covenant for easement may be released only according to th procedures established by law if it is determined by the City tha the covenant is no longer needed to achieve the land use goals o the City. This covenant for easement is required by a condition o approval for a Minor Subdivision Number MS 777 issued by the Cit of Carlsbad for development located on real property described i Exhibits ItAlt and ItBt1. The property burdened by this covenant for easement i described as follows: See Exhibit lrAlt attached hereto and made a part hereof. Exhibit I1Ct1 is provided for clarity only. The property benefitted by this covenant for easement i described as follows: See Exhibit ltBVt attached hereto and made a part hereof. Exhibit IVCVt is provided for clarity only. This covenant for easement provides for reciprocal privat access, parking and drainage over, across and upon the burdene property for the benefit of the property benefitted and shall IC enforceable by the City, by the Owner of the property benefittf AgreemenWAG-5.FRM ' 9' and by the s @ cessors in interest to 895 th 8 roperty benefitted 1 Ik I "1 ' 1. t d 1 *I r this covenant. This covenant for easement shall run with the land, and tl burdens of the covenant of easement shall be binding upon and tl benefit of the covenant of easement shall inure to the benefit I all successors in interest to the real property. Dated: hlkh $7 17, 19dfo T.I.L. LTD., a California Limited Partnership, Owner By: D.H.W. Ltd., a California General Partnershi: General Partner -2 I \. T\ "* T.I.O., LTD., a California Limited Partnership, Owne: By: D.H.W. Ltd., a California General Partnershi: General Partner 7 .7 "; Roberf; Burke, General Partner i, (,. \ (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY ( ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF TH DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD ( DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETA OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERI' THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHl SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENA FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WI RESPECT THERETO. Approved as to form: Agreements/AG-5.FRM 0 e PARTNERSHIP ACKNOWLEDGMENT 896 I ., ~ - .&&?qfi I f e. > I ,, /+y" ' L P 5> (J* ;, i,, x /A,? ;p F fyh5d &Fli$ ,;e& &I, 4-y 5 E?, I -.--".."-- i ', .' 0 personally known to me G< proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of tt partnership, and acknowledged to me that the partnership executed it. WITfiESSmy hand and official seal. :. fH7j?Y p $j,,;~li/;yye;~ it, L 1, ,I>. -.-J-/& d [ __I ,, , 1 - j Notar&'sSignat,dre ,i' ,/ 1 &" "-k ' c~dl 7130 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.O. Box 4625 Woodland Hills .. .L , *' .. I .I 0 897 L. j. EXHIBIT A COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT (PARCEL A) MS 777; P.R. 2.3.40 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°2813911 West (South 55'27l West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34°2914111 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 '4111 West, 101.09 feet; thence North 79°2914111 West, 25.46 feet; thence North 34°2914111 West, 39.50 feet; thence North 79°2914111 West, 25.92 feet; thence South 55°3011911 West, 24.67 feet; thence North 34°2914111 West, 8.50 feet: thence South 55°30'1911 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°3212211 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"5815911, a distance of 39.26 feet: thence tangent to said curve, along a line that lies 2.00 feet northerly and parallel with the southerly line of the above described Tract 96, thence northeasterly along said parallel line, North 55'28I39l1 East, 151.08 feet, to the TRUE POINT OF BEGINNING. ., .I ,. -. . 0 ow? 0 EXHIBIT B COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT (PARCEL B) MS 777; P. R. 2.3.40 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"28'39'' 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"29'41'' West, 101.09 feet; thence North 79"29'41" West, 25.46 feet: thence North 34"29'411' West, 39.50 feet; thence North 79"29'4111 West, 25.92 feet; thence South 55"30'19" West, 24.67 feet; thence North 34"29'4111 West, 8.50 feet; thence South 55"30'19'' 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"27'38" East, 49.00 feet; thence continuing along said land, North 34"32'22'' 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°27'3811 East, 30.00 feet; North 34'32'22'' 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"03'03'', a distance of :. r.. sprL3 17- Sl-T I "pr 'I bF 2- _L. , a, .\ -. > 0 8". 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"28t0419 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°5614319, 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"2813911 West, 209.70 feet to the TRUE POINT OF BEGINNING. onald L. Hoilowa qq" " h'f 5tkzT2- or 2- .I -.* . , .* ,, I -I A 6'6; RACT %, MAP lbbl DUb I STATE of CALlFORdlA bEkV Wwf COWGP.,TWC1 q[Pq WA5HlNGToU STREET 4 3d.O 26' oar E. 940.24' CARLtlBAD WLWARD . 0 N 34" W'41" W IDI.09' @ N 34'32'22'W 40.~0' @ N79°29'dr'W Zc7.46 @ N34'3T22UW G0.m' @ NWZ9'U.l' bJ 39.cjo' @ LIWZ~'%''E 3pm' @ N 'I9" 29'd[''N 24.32' @ 5 W3Z'ZZ"E llpg.ljl' onnld L. Holloxa @ 6 4G34 W'I9''b.J 22.02' @ b~rn"liBW' Pm.00' PW.Zb' @ N~~''fl'~I" IrJ 0.m' (@ wzr ZB'W'C 151.081 @ 4W30'l9'lnl i19.22' @ h!3&4~1ZZ'W 49.9b' PROJECT NAME: COVENANT FOR REClPROCAL PRIVATE PROJECT EXH\B ACCESS8 PARKING $WINAGE Ei4sEMENT SHT. 1 P.R. 2.3.90 * MS 777 " c 'I No -. .. I, * I.. *,* -L -I_ .. * a 931 b EXHIBIT C I PLATTO H-LUVRATE COVENANT FOR RECIPROCAL PRNATE PARKING, ACCESS ANI PRA\NAGE EASEMENT IN mE CITY OF CARLSMU, CWW OF SAN PIEGO I STAlE OF CaLlFORNlA $1 $1 W ASH1NGTON STREET " Nr3P28'04'W 9M.?%' N W29'41"W up'1.43' 7 -2) 6 NO 4 I """----- I ' 1, - "2' -221; I PABCEL 8 SI$ -2 CDENANT FbK REClVROCAL I' * PRIVATE PARKING 1 AM1E"Jlj e /' 3 AND DRAINAGE EMEMENT a 3 3 I 4 L &t + ', CARL4bATl OOULWhRD 0 NCjV Zl'/361Ei 44.W' @ 6. Wyl'zp)' R:5.d L: 7. @ N ?@'32'22't\l IC0.D' 8 NWI1'rjZ"W 74.51' @ NWZ'l'9f3'6 50.00' @ N '34" SZ'2Z''N 2Z.d @ Id?@ sn'ZZ"I.l #.%I @ hlm0 wl %"I4 2G1.101 @ bP10'03'03" 12: 24.m' L:W,29' @ Nr3a"N122"W b0l.q' @ b: W4b'43" R..Zci.CDI L'9.26 @ l\lWW'[o)*F 7O.W' P @ b:fMo%'Vl"R:2cj,col L:W.2b' @ ~'3a"~'4l'N 1cj.w' @ hl 10.26'W'E '32.31' @J A~al0"CO'W" R'. Z.COI L3.14' @) lJW28'W"E 1Dcj.CO' @ N IjGj" W'l9% '"WW' MY E&VWAlION '&Kmm: 9.i PROJECT NAME: COVENANT FOR RECIPROCAL PRIVATE PROJECT EXH\B[ b MS 777 N. 2 0 P.R. 2.3.40 ACCESS, PARKING &DRAINAGE EASEMENT " C " No. - >’ * 92 9 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated Augast 17, 1990 , 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. 90-3.32 , adopted on September 4, 1990 9 and the grantee consents to the recordation thereof by its duly authorized officer. DATED : September 5, 1990 BY : L2l&zb%?h ALETHA L. -RAUTENKMNZ, City Clekk