The URL can be used to link to this page

Home My WebLink AboutPR 2.3.93; AIR PRODUCTS AND CHEMICALS, INC.; 1996-0610330; Covenant- % '7 0 ,- dl! . ,- : 22s 85-DEC-BP7d 62=2&6 P$il I/ RECORDING REQUESTED I BY AND WHEN RECORDED MAIL TO: 9 DFFfiiAL RECORDS SAM DIEGO COtiHTY RECCIRDER'S DFFfCi RF : 14.00 FEES: 34.08 AF : 19.00 Nfi MF : 1.00 GREGORY SfiTH: COUNTY RECORDER City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE i I my ASSESSOR'S PARCEL NO. 213-~-24 +z( PROJECT NO. & NAME: PR 2.3.93. SCHUMACHER -I I I i I 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) Air Products and Chemicals, Inc., 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 "AI for the benefit of the property referred to in Exhibit llBtl. 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 number 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. The property benefited by this covenant for easement is described as follows: Agreements/AG-5.FRM REV 06/26/95 - 0 230 0 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for reciprocal access and parking easement 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. Ill I Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ~ Ill ~ ~ , Agreements/AG-s.FRM REV 06/26/95 L -. 0 231 0 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. I' 1 2 i4 /I Dated: yf -, [ il' us Owner: Air Products and Chemicals, Inc., A Delaware Corporation I By: /7& 4 (Sign h&e) ~~ (Title and organization of signatory) I R #l L,6&i (Print Name Here) -/&A~P 1 I1 (Print Name Here) /' Secretary I Asst. Secretary (Title and organization of signatory) I 1) (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) 1 NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSIS- TANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE 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 SIGNING 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 TO. EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERE- Approved as to form: 1; RONALD R. BALL, City Attorney I AgreementdAG-5.FRM REV 06/26/95 %. 0 232 0 J.N. 95-1015 05/10/96 REV. 8/5/96 EXHIBIT "A" RECIPROCAL ACCESS AND PARKING COVENANT FOR EASEMENT APN 213-092-20, PR 2.3.93, PD 447 (PROPERTY BURDENED) THAT PORTION OF PARCEL A OF MINOR SUBDIVISION NO. 580, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1982 AS FILE NO. 82-303517 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHWEST BOUNDARY OF PALOMAR OAKS WAY (PRIVATE STREET) , SAID POINT BEING THE COMMON CORNER OF PARCEL "A" AND PARCEL "B" OF SAID PARCEL MAP 12354, AND ALSO BEING A POINT ON THE ARC OF A 1,015 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE COMMON BOUNDARY OF SAID PARCEL "A" AND PARCEL "B" SOUTH 21'31'29'' WEST A DISTANCE OF 63.14 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID COMMON BOUNDARY OF SAID PARCEL "A" AND "B" SOUTH 03'05'35" WEST A DISTANCE OF 294.50 FEET; THENCE DEPARTING FROM SAID COMMON BOUNDARY NORTH 86'54'25'' WEST A DISTANCE OF 13 -95; THENCE NORTH 03'13'29'' EAST A DISTANCE OF 184.77 FEET; THENCE NORTH 86'45'50" WEST A DISTANCE OF 16.70 FEET; THENCE NORTH 02'57'12" EAST A DISTANCE OF 53.24 FEET; THENCE NORTH 86'58'35'' WEST A DISTANCE OF 21.69 FEET; THENCE SOUTH 01'16'17" WEST A DISTANCE OF 4.93 FEET; THENCE NORTH 87'00'26" WEST A DISTANCE OF 24.03 FEET; THENCE NORTH 02'24'12'' EAST A DISTANCE OF 4.96 FEET; THENCE NORTH 86'52'53'' WEST A DISTANCE OF 12.98 FEET; THENCE NORTH 02'53'51" EAST A DISTANCE OF 36.83 FEET; THENCE NORTH 86'54'00'' WEST A DISTANCE OF 284.23 FEET; THENCE NORTH 02'24'41'' EAST A DISTANCE OF 20.76 FEET; THENCE NORTH 49'11'38'' WEST A DISTANCE OF 11.01 FEET TO THE BEGINNING OF A 17.02 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH WEST; THENCE ALONG SAID 17.02 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 77'13'08'' AN ARC DISTANCE OF 22 -94 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL "A" AND THE EASTERLY RIGHT PR 2.3.93 PAGE 1 OF 2 p D qq -? i.?;;- 2 ;,, ,. A. e 233 0 OF WAY LINE OF PASEO DEL LAGO; THENCE ALONG SAID BOUNDJG?Y NORTH 50'15'41'' EAST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF A 340.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH WEST; THENCE CONTINUING NORTHEAST ALONG SAID 340.00 FOOT RADIUS CURVE AND BOUNDARY THROUGH A CENTRAL ANGLE OF 21'07'38" AND ARC DISTANCE OF 125.37 FEET TO THE CUSP OF SAID 340.00 FOOT RADIUS CURVE AND BOUNDARY AND AN 11.53 FOOT RADIUS CURVE CONCAVE TO THE NORTH EAST, THE RADIAL OF WHICH BEARS SOUTH 42'16'24" WEST; THENCE DEPARTING FROM SAID BOUNDARY, SOUTH ALONG SAID 11.53 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 86'03'10" AN ARC DISTANCE OF 17.32 FEET; THENCE SOUTH 56'55'07" EAST A DISTANCE OF 22.17 FEET; THENCE NORTH 32'18'29'' EAST A DISTANCE OF 20.35 FEET; THENCE NORTH 58'33'56'' WEST A DISTANCE OF 0.98 FEET; THENCE NORTH 32'58'22" EAST A DISTANCE OF 18.32 FEET; THENCE NORTH 50'38'19" WEST A DISTANCE OF 9.83 FEET; THENCE NORTH 33'10'35" EAST A DISTANCE OF 22.33 FEET; THENCE SOUTH 55'35'11" EAST A DISTANCE OF 22.03 FEET; THENCE NORTH 32'37'42'' EAST A DISTANCE OF 19.15 FEET; THENCE SOUTH 57'00'07" EAST A DISTANCE OF 146.25 FEET; THENCE SOUTH 61'34'36" EAST A DISTANCE OF 76.75 FEET; THENCE SOUTH 68'21'35" EAST A DISTANCE OF 49.01 FEET; THENCE NORTH 21'31' 29'' EAST A DISTANCE OF 20.60 FEET, TO THE BEGINNING OF A 12.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH WEST; THENCE NORTH ALONG SAID 12.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 87'54'14" AN ARC DISTANCE OF 18.41 FEET TO ITS CUSP WITH A 1015.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST SAID CURVE ALSO BEING THE AFOREMENTIONED SOUTHWEST BOUNDARY OF PALOMAR OAKS WAY, AND THE RADIAL OF WHICH BEARS NORTH 23'37'15" EAST; THENCE ALONG THE SAID SOUTHERLY BOUNDARY OF PALOMAR OAKS WAY AND SAID 1015.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1'26'49" A DISTANCE OF 25.63 FEET, TO THE TRUE POINT OF BEGINNING. AREA = 1.16 ACRES MORE OR LESS. , .. PCLAPARK.DOC PR 2.3.93 PAGE 2 OF 2 ~ .< ? I 5 L. 'b.& . . 'i.; I ?. . : f.". ; pp ,"! ,:3. ., 1. 0 0 234 J.N. 95-1015 05/10/96 REV. 8/5/96 EXHIBIT 'B" RECIPROCAL ACCESS AND PARKING COVENANT FOR EASEMENT APN 213-092-21, PR 2.3.93, PD 447 (PROPERTY BENEFITED) THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL B OF PARCEL MAP NO. 12354, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1982 AS FILE NO. 82-303517 OF OFFICIAL RECORDS. PCLCPARK. DOC j,,.'.' . I," , ,:L& :. ;... ; , i .. 1' '. ", i, .Xd j, :, ", L . . .," 7 1; c'3 L;.~ 2 <4 tic. L 2 '. ' .: \ =< ", ;1. .,;, -1 7 .. ; ''7 $ <;: ?>%* ,. . . ., bv\,:.?:\,, ' ._-.:_, - - -. ..;- ^I ,. i .. I\ . *~,. ,. , . j .. 'G"" ...:b e. , I .< & .. - ".kc ., ."_ . ,.. .. .--. ' PR 2.3.93 PAGE 1 OF 1 ^. c a, . < . I ?;> .c.. 4. ,:3 p:, :.: '. i 1 .., I ,,i , t 7EQUESTED BY: I PREP D BY: IlY OF CARLSBAD !075 :ARLSBAD, LAS PALMAS CA 92009 DRIVE 1 ;*, DATE 'HONE (61 9) 438-1 161 R.C.E. 27214 EXP. 3 31 97 A.P.N. SHOWN ABOVE EXHIBIT PR 2.3.93 "c" AUGUST 1996 Date: 08/05/96 Time: 1307 PC 81 FILE=F:\JOBS\95\015\PLAT2.DWG 95- 1 ( I MS Of BEARINGS: * CENTERLINE OF PALOMAR OAKS WAY PER 236 PARCEL A MAP NO. 10198 mm =,-I DENOTES RECIPROCAL PARKING - -EASEMENT LINE "e.- SUBDIVISION BOUNDARY mL DESCRIPTION: COVENANT FOR EASEMENT " - CENTERLINE PORTION OF PARCEL A OF PARCEL MAP NO. 12354, IN THE CIN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNN RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1982 AS FILE NO. 82-303517 OF OFFICIAL RECORDS. " &P.M. 2 13-092-20 PARCEL A AREA = 50,538 SF (01.16 AC) t NO SCALE c@pq CONSULTA TS 7220 Abenida Encinas Civil Engineering Suite 204 planning Carlsbad, California 92009 Processing Fax5 19-931 -8680 619-931-7700 Surveying SHT. 2 OF 2 SHTl RECIPROCAL ACCESS & PARKING EASEMENT REQUESTED BY: CITY OF CARLSBAD EXHIBIT "c" pRrz' rk/% A.P.N. SHOWN ABOVF 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 N. O'DAY DATE R.C.E. 27214 EXP. 3/31/97 PHONE: (6 19) 438- 1 1 61 PR 2.3.93 AUGUST 1996 Date: 08/05/96 Erne: 17% PC #1 FILE=F\JOBS\951015\PW2.DWG 95- 1 7.. e .. ', 231 e COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LEHIGH 1 )SS: On this 3rd day of September y 19%) before me personally appearedRichard E Leiqhton , to me known to be the person who executed the foregoing instrument, for and on behalf of Air Products and Chemicals, Inc. and acknowledged to me that (s)he executed the same as the Real Estate Manaqer of said corporation, being thereunto duly authorized, and that (s)he executed the same for and on behalf of said corporation for the uses and purposes therein expressed. LpY; :j$v \ L . ti: y ~4 /, NO ary P&lic L Jane -M. $argent t 1 Jane M. Sargent, Notary Public Notarial Seal My Commission Expires Aug. 26.20Oc Upper Macungie Twp., Lehigh County Member, Pennsylvania Association of Notaries I. L' -1 I * @ 238 * CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 9 / 3 / 9 6 J from Air Products and Chemicals, Inc. to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly authorized officer. DATED: November 22. 1996 stant City- Clerk