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Home My WebLink AboutPR 3.2.33; LARWIN-ROSEDALE PROPERTIES; 90-014536; Covenant*. a 90 @I 4536 1 :-; -,.:~.:~~g:i)i,?j.TL~~ 1 ““. .”. . f . : r ‘;.,,i:kL- f!.L.L(i?\LJd , ,.. . _. , ,.. -,-. . ,‘ 1 1 ;; ;;A!+ ;;EGa CfjUNIY,C?* i * RECORDING REQUESTED BY: City of Carlsbad 2313 yiqp jL*”4 \..: \\fi -9 fy 1: 53 1 1 1 ’L\‘ Esh t_. L’I?_E 1 COUfii’jy RECgRDEP, ! “I_ 1 1 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 WHEN RECORDED MAIL TO: City Clerk 1 MO FEt ................................. ””””””””””””””””””””””””””””””””- PR 3.2.33 6?w 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) LARWIN-ROSEDALE PROPERTIES, hereinafter referred to as Owner creates a covenant for easement €or the purpose stated hereon; over the real property described on 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 Grading Permit No. PE 2.89.30 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 benefitted 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. Sheet 1 of 2 0 . 2314 e This covenant for easement provides for a Private Drainage Easement over, across and upon the burdened property for the benefit of the property benefited and shall be enforcable by the City, by the Owner of the property benefited and by the successors in interest to the property benefited by this covenant. This covenant for easement shall run with the land, and the burdens ofthe covenant of easement shall bebinding upon and the benefit ofthecovenant of easement shall inure tothebenefit of all successors in interest to the real property. DATED: September ,$? , 1989. LARWIN-ROSEDALE PROPERTIES , a California general partnership By: K-L Properties, Ltd., a California limited partnership, General Partner rties, Inc., a California era1 Partner By: Rosedale Properties, Ltd.< a California limited partnership, General Partner By: Rosedale Properties, Inc., a California corporation, General Partner ;I” ,., ,.c fl. By : ,/H/p&/z/k.,\4 Martin Sest’bn,’PresideTt c I APPROVED AS TO FORM: 0 Vincent F. Biondo, Jr . tL. rZ .e. City Attorney Sheet 2 of 2 pp 3.2‘33 0 0 CAT. NO. NN00636 TO 1954 CA (9-841 (Corporation as a Partner of a Partnership) 23 i ' g TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF XDJ AdL-ELEJ } ss- On ~EPT ,g~ /?YT before me, the undersigned, a Notary Public in and for said State, personally appeared C.kfflflLE< i ' 7?HEm?4f. w personally known to me u to be the person who executed w the within instrument as the VLLZG w 4 no personally known to me or proved to me on the basis of satisfactory eviden; a to be he erson .who ex cu ed the within ins ment as the t: \ecretary of the corporatio h i e c tgd the wit i instrument on behalf of 22 P2k/?EKj7,,.?. LTh: e partnership 'that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signature &P+ -4- (This area for official notarial seal) CAT. NO. NNo0636 t pu I President, and - ixth ;.fJ~Ek77E..? //22. 2 p pg TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) m TICOR TITLE INSURANCE . STATE OF CALIFORNIA 1 COUNTY OF /j 0- 7" *y- /" < /I - ? ss. t W 3 I .W " 5 s a- ~ On \<E@T vq 7 /qf7 before me, the undersi ed, a Notary Public in and for said State, personally appeared MTnV Lm-nJ personally known to me-wyw-vec! t3 >to be the person who executed the within instrument as the c - PrrGAlpnt 2nri\ "-- ~ "" - - """A.b, "AU - - __ . - " personally known to me or proved to me on the basis of satisfactory evidence .. ".LA """. L. > .1~ ..1 . . to be>,Lysp WIIU cxc we tne wlmm mtr ment as the behalf of 'A the cbrporatioA, $t executed =-----"the oartnershio that eiecutrd AL E R& ,PkfiPERnEc. ,/&, 8 Eh%G "----"--. Secretary , .~." ".""" the within instrument, and acknowledged to me that such corporation executed the same as such partner and that 1 I %;F& -~~ ~ I Not ria LO3 ANGEES CeSUNW w cmm m~m of such partnership executed the same. WITNESS my hand d official seal. /7 /?A 3.193 Il Signature YhG /$)Am / I1 (This area for official notarid sed) I 0 2316 0 EXHIBIT "A" LEGAL DESCRIPTION PR 3.2.33 18' WIDE PRIVATE STORM DRAIN EASEMENT A PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND A PORTION OF LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TEE MOST WESTERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, SAID POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, A RADIAL BEARING TO SAID POINT BEARS SOUTH 23015'17" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF l055'28", AN ARC DISTANCE OF 18.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 18.00 FEET MEASURED AT RIGHT ANGLE FROM THE EASTERLY LINE OF LOT 17 AS SHOWN ON SAID MAP; THENCE ALONG SAID PARALLEL LINE SOUTH 23*15'17" EAST, 284.38 FEET; THENCE LEAVING SAID PARALLEL LINE ALONG A LINE WHICH IS PARALLEL WITH AND 10.00 FEET MEASURED AT RIGHT ANGLES EASTERLY OF THE EAST LINE OF SAID LOT 18; THENCE ALONG SAID PARALLEL LINE SOUTH 10°18'39" EAST, 336.85 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID LINE SOUTH 7941'21" WEST, 18.00 FEET TO THE BEGINNING OF A LINE WHICH IS PARALLEL WITH AND 8.00 FEET MEASURED AT RIGHT ANGLES WESTERLY OF THE EAST LINE OF SAID LOT 18; THENCE ALONG SAID PARALLEL LINE NORTH 10" 18' 39" WEST, 300.22 FEET TO A POINT ON THE NORTHLINE OF SAID LOT 18; THENCE ALONG SAID NORTH LINE NORTH 81°18'05" EAST, 8.00 FEET TO THE COMMON CORNER OF LOTS 16, 17 AND 18 OF SAID CARLSBAD TRACT 81-10; THENCE ALONG THE COMMON LINE TO SAID LOTS 16 AND 17 NORTH 23O15'17" WEST, 317.75 FEET TO THE POINT OF BEGINNING. THE AREA OF SAID EASEMENT IS 11,003.39 SQUARE FEET. FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 AND JN6491SD.LGL * , e 2317 0 EXHIBIT "B' LEGAL DESCRIPTION CPP 3.2.331 PARCEL 1 LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP DIEGO COUNTY, FEBRUARY 18, 1982. PARCEL 2 LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT 89-496669 OF OFFICIAL RECORDS. PLAT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. . EXHIBIT "C" PLAT~O ILLUSTRATE THE "15)"WlDE COVENANT FOR PRIVATE STORM DRAIN EASEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. / scm 1"=100' COMMON CORNER TO LOTS 16,17 & 18 &/l/L CONRAD C. HAMMANN R.C.E. 33069 MY REGISTRATION EXPIRES 6/30/90 BRIAN SMITH ENGINEERS, INC. PROJECT NAME: EXHIBIT PROJECT NO. CARLSBAD RESEARCH CENTER PE 2.89.30 PO 343 P.R. 3.2.33 c I I1 0 231 9 a CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated September 27, 1989 , from Larwin-Rosedale Properties ....................... 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. 89-441 , adopted on December 19, 1989 9 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 21, 1989 BY : "" 0 e k9k& flu ”&”.’, .“> ,- d * ,,. iJ /c. I. i ‘\ c.