The URL can be used to link to this page

Home My WebLink AboutPR 2.3.94; AIR PRODUCTS AND CHEMICALS, INC.; 1996-0610329; Covenant* ' '" r I I' 0 e, i fl Py RECORDING REQUESTED I BY I AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICIAL RECURDS ~fl~ QIE~~O ~~~~~~ RECORDER'S OFFICE RC : 15.00 FEES: 37.00 $ftE$ORY SflIlii 9 COUMTY ~€~~~~€~ . .. BF z 21.00 NP, MF: 1.00 I SPACE ABOVE THIS LINE FOR RECORDERS USE 0.w ASSESSORS PARCEL NO. 213 aq2-=+ PROJECT NO. & NAME: PR 2.3.94, SCHUMACHER 1 ll 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 "At 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 number issued by the City of Carlsbad for development located on real property described in Exhibits "AI and ll ItBtl. I 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 I/ a- I 0 0 ~ 215 I 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Agreements/AG-5.FRM REV 06/26/95 I 0 226 0 This covenant for easement shall run with the land, and the burdens of the covenant for I 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: c\ yiyi.x; Owner: Air Products and Chemicals, Inc., A Delaware Corporation By: (Sign here) .. I / k. &/G/b-z' (Print Name Here) (Title and organization of signatory) -&kmH I (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SEC.RETARY 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: RONALD R. BALL, City Attorney Id- City Attorney AgreementsfAG-5.FRM REV 06f 26f 95 0 0 221 J.N. 95-1015 05/10/96 REV. 8/5/96 EXHIBIT 'A" RECIPROCAL ACCESS AND PARKING COVENANT FOR EASEMENT APN 213-092-21, PR 2.3.94, PD 447 (PROPERTY BURDENED) THAT PORTION OF PARCEL B 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 1,015.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE EAST ALONG SAID 1,015.00 FOOT RADIUS CURVE AND SOUTHWEST BOUNDARY OF PALOMAR OAKS WAY THROUGH A CENTRAL ANGLE OF 00'38' 57" AN ARC DISTANCE OF 11.50 FEET; THENCE CONTINUING ALONG A LINE TANGENT TO SAID 1015.00 FOOT RADIUS CURVE, SOUTH 68'28'31" EAST A DISTANCE OF 15.12 FEET, TO THE CUSP OF A 13.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, THE RADIAL OF WHICH BEARS SOUTH 21'31' 29" WEST; THENCE, DEPARTING FROM SAID SOUTHWEST BOUNDARY OF PALOMAR OAKS WAY, WEST ALONG SAID 13.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 90'47'20", AN ARC DISTANCE OF 20.60 FEET; THENCE SOUTH 20'44'09" WEST A DISTANCE OF 18.76 FEET; THENCE SOUTH 68'27'53" EAST A DISTANCE OF 138.07 FEET; THENCE SOUTH 57'52'29" EAST A DISTANCE OF 62.83 FEET; THENCE NORTH 45'37'30" EAST A DISTANCE OF 13.27 FEET; THENCE NORTH 28'35'13" EAST A DISTANCE OF 8.03 FEET TO THE BEGINNING OF A 11.74 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86'30'51" AN ARC DISTANCE OF 17.73 TO THE CUSP OF SAID CURVE AND THE AFOREMENTIONED SOUTHWEST BOUNDARY OF PALOMAR OAKS WAY; THENCE SOUTH 57'55'38" EAST ALONG SAID SOUTHWEST BOUNDARY OF PALOMAR OAKS WAY A DISTANCE OF 20.64 FEET, TO THE COMMON PR2.3.94': PAGE 1 OF.^ 0 :e 222 CORNER OF PARCEL 'B" AND PARCEL "C" OF AFOREMENTIONED PARCEL MAP 12354; THENCE SOUTH 32'04'22" WEST A DISTANCE OF 65.01 FEET ALONG SAID COMMON BOUNDARY OF SAID PARCELS "BN AND "C", TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID COMMON BOUNDARY OF SAID PARCELS 'B" AND "C" SOUTH 03'05"35" WEST A DISTANCE OF 216.92 FEET; THENCE NORTH 41'29'19 WEST A DISTANCE OF 9.40 FEET; THENCE NORTH 87'04'10" WEST A DISTANCE OF 103.09 FEET; THENCE SOUTH 01'53'04" WEST A DISTANCE OF 1.44 FEET; THENCE NORTH 86'54'30" WEST A DISTANCE OF 42.35 FEET; THENCE NORTH 03'05'43" EAST A DISTANCE OF 20.68 FEET; THENCE NORTH 87'39'56" WEST A DISTANCE OF 17.01 FEET; THENCE SOUTH 02O58'55" WEST A DISTANCE OF 17.55 FEET; THENCE NORTH 87'35'12'' WEST A DISTANCE OF 34.03 FEET TO THE COMMON BOUNDARY OF AFOREMENTIONED PARCELS "A" AND 'B" OF PARCEL MAP 12354; THENCE NORTH 03'05'51" EAST ALONG SAID COMMON BOUNDARY OF PARCELS 'A" AND 'B" A DISTANCE OF 59.65 FEET .TO A POINT HEREINAFTER REFERRED TO AS POINT "AN; THENCE CONTINUING ALONG SAID COMMON BOUNDARY OF PARCEL "A" AND PARCEL "B" NORTH 03'05'31'' EAST A DISTANCE OF 233.35 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING NORTH 21'31' 29" EAST ALONG SAID COMMON BOUNDARY OF PARCELS "A" AND 'B" A DISTANCE OF 63.14 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL 1: BEGINNING AT THE AFOREMENTIONED POINT 'A" LYING ON THE COMMON BOUNDARY OF SAID PARCEL 'A" AND PARCEL "B" OF AFOREMENTIONED PARCEL MAP 12354; THENCE NORTH 86'34'23" WEST A DISTANCE OF 24.90 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 1; THENCE NORTH 03°09'14N EAST A DISTANCE OF 106.94 FEET; THENCE SOUTH 85°32'55''EAST A DISTANCE OF 4.79 FEET; THENCE NORTH 04°04'24" EAST A DISTANCE OF 14.66 FEET; THENCE NORTH 87O03'03" WEST A DISTANCE OF 4.90 FEET; THENCE NORTH 02'56'54" EAST A DISTANCE OF 72.89 FEET; THENCE SOUTH 68'30'41'' EAST A DISTANCE OF 111.05 FEET; THENCE SOUTH 57'55'26'' EAST A DISTANCE OF 53.88 FEET; THENCE SOUTH 02'53'26" WEST A DISTANCE OF 152.37 FEET; THENCE SOUTH 87'22' 59" WEST A DISTANCE OF 9.10 FEET; THENCE SOUTH 02'50'14" WEST A DISTANCE OF 3.60 FEET; THENCE NORTH 86'54'45'' WEST A DISTANCE OF 43.00 FEET; THENCE NORTH 03°05'15" EAST A DISTANCE OF 12.33 FEET; THENCE NORTH 86'54'45" WEST A DISTANCE OF 50.12 FEET; THENCE NORTH - .- - -. - c PR 2.3.94 . '' PA>E 2 OF 3 _.. -. .. 0 0 223 03'09'07" EAST A DISTANCE OF 5.76 FEET; THENCE NORTH 86'54'16" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 03'05'15" EAST A DISTANCE OF 5.39 FEET; THENCE NORTH 86'34'23" WEST A DISTANCE OF 35.97 FEET, TO THE TRUE POINT OF BEGINNING OF PARCEL 1. AREA = 0.74 ACRES MORE OR LESS PCLBPARK. DOC ,\ .. I ,\ I L., .""" : . .~ , . , . ,,;,, /,&>; ;>:, ,4:,m;;:;.::.',!. fi<gzry., .i. ;..;. ::, .. i'-:. ".:x* < .I . * , >.* I.. . ~, . 8 ea r c.:.. w.-.).>, g <LC. 1. E$.*.: c':\ ii', ,, - L ', ;GY= <.:b ,_ . . f '82 ,* ) ., '_ , ... .. . n -an 1 ' L.i 6 e - . /: ! ;; . .i ,.- , ..~ ,-. .. .. ? -1,. .. \. 5::;j. :;,-!;.y .' . 4 _.. . \ <,;:, L,k*. . :> ',, ,,' r ., . ., .__ .-, "_.. . I. -\e*; , .,: .. \. I , - ' : /' L.<.: i- : . , :. , .- . .. , ..._ ~ . . .. ,' .. .. . .. -. ,.-. l"".. "... PR 2.3..94 PAGE 3 OF 3 .- .) 0 0 224 J.N. 95-1015 05/10/96 REV. 8/5/96 EXHIBIT "B" RECIPROCAL ACCESS AND PARKING COVENANT FOR EASEMENT APN 213-092-21, PR 2.3.94, PD 447 (PROPERTY BENEFITED) THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL A OF PARCEL MAP NO. 12354, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1982 AS FILE NO. 82-303517 OF OFFICIAL RECORDS. PCLDPARK. DOC . ,,<," , :.., \ ~\. , ,, " ' , ... ,!'!:<-:,' ,! : L' /,A,<" E I:, .&. 1 '\ ;"". i' rT ,.,:- . . .,, i .,." > I ~ , ~ &.~,,, .&G;:.$: :. ... , !\ i_- -4: G:., : =\ ;p: %L.< :,.>::>''. .< . . 3, ,.e ., <i:,>.,' :y k.? I- ;, 7 ~ , ,.';<;;y '<.L .:::;.-;- - ->* ,. 4.,.*.>. ., ~ \, . -. ,I. ,. . ", , . i.- , !: . . .. I". 2 -L f :',,; , 1 -<.,. X? .", '; b : a:,, .-~" I piz. z-;; ! ' ,l c , I: ./ .? ,. ', b! *. = *"-.x :;; ; .? j ~ i., &*' : .!::;>y %. ::<' p". .. . .. -/-.- - - - .. -. .. '1 PR 2.3.94 PAGE1 OF 1 '\ _LEGEND 1-j DENOTES RECIPROCAL PARKING COVENANT FOR EASEMENT - - EASEMENT LINE CENTERUNE SUBDIVISION BOUNDARY --- "" PARCEL B OF PARCEL MAP NO, 12354, IN THE CIN OF CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1982 . AP N PARCEL B AS FILE NO. 82-303517 OF OFFICIAL RECORDS. 213-092-21 AREA = 27,333 SF (00.63 AC) A.P.N. SHOWN ABOVE - ~ e 0 .’ 227 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LEHIGH 1 )SS: On this 3rd day of September ? 19x, before me personally appeared Richard E* Leighton ? 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 Manager 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. .-.. !/;” b ,/ / k7fl 4Je4Ql No ary Publfc v‘ Jane M. Sargent ” 1 Jane M. Sargent, Notary Public Notarial Seal MY Commission Expires Aug. 26,2000 Upper Macungie Twp., Lehigh County Member, Pennsylvania Association of Notaries , . 8 : 0 a 22s CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 9/3/96 , from Air Products and c-1 8 Trip 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 ” sistan? City- Clerk