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Home My WebLink AboutPR 3.3.15; T.I.L. LTD.; 90-507853; Covenantd '** < . .( c db 9@sole53 RECORDING RE STED BY: 885 City of Carlsbad 1 WHEN RECORDED MAIL TO: 1 i""" I . ., . .. ;,; i :;; ps;j Ii.4 "-7 . .. ..- -.&.d+%:?:> i : . . . . - . . 1 . . i i I.< :-.;7;-2.r... . . :. . .:.: r.2 . - ..~ ..__-... j.); - ."<..j :.L.<,i.: .; .:..:. ~ City of Carlsbad I s;.::t " >. L fT:b 3 7 ?$-: 2: 2 3 1200 Elm Avenue 1 Carlsbad, California 92008 :sc.J ;:&; I I r! K.a F[ , i :..:,. &. 2.i i'. .-*CUR .. 3 . 3 . 1 1 ' i ?,-E& f<L- a" " i";,E g . ... >::.+ i : *n%,-s,-%.z -. j. *_. " -,.. = 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 Owner 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 ItBI1. Thj 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. "~3 "%._ 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 i Exhibits I1A1I and llBll. The property burdened by this covenant for easement : described as follows: See Exhibit I1Att attached hereto and made a part hereof. Exhibit ltC1t is provided for clarity only. The property benefitted by this covenant for easement 1 described as follows: See Exhibit ltBlr attached hereto and made a part hereof. Exhibit I1C1l is provided for clarity only. This covenant for easement provides for sewer easement ove: across and upon the burdened property for the benefit of tl property benefitted and shall be enforceable by the City, by tl Owner of the property benefitted and by the successors in intere: to the property benefitted by this covenant. Agreements/AG-5.FRM 2. a, Alt, 865 ab I. . *. This cov ant for easement shall ru ith the land, and th i Y *I 'r t 1 I I I L 1 c 4 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 in interest successors to the real property. Dated: Abh&4S(r 17 - 1990 T.I.L. LTD., a California Limited Partnership, Owner By: D.H. W. Ltd. , a California General Partnershig General Partner ,a - P T.I.O., LTD., a California Limited Partnership, Owner By: D.H.W. Ltd., a California General Partnershig General Partner &"----4 7-22 t q. i Burke, General (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED. NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY C ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THI DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD C DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETAE THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHC SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENAI FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WI'I RESPECT THERETO. OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWER11 Agreements/AG-5.FRM )r c Ql PARTNERSHIP ACKNOWLEDGMENT 887 .. the undersigned Notary Public, personally appeared ; pp.3 /$ 4 1 f/ / AIMEE L ZIEGLER 0 personally known to me to be the person(s) who executed the within instrument on behalf o partnershi<p, and acknowledged to me that the partnership executed )MTN_E$by hand and official seal. NOTARY PUBLic - CALIFORN:A $4 proved to me on the basis of satisfactory evidence L / A’ /R .. i * /i ,. /H” \..rc_”- J Iy<fl/y ’&J ~ I L/ fi;. /% //&J.”TI,‘ p L” Notary’CSignature “// -7)’ - - - ’, /” 4 7i30 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Elvd. P.O. Box 4625 Woodland I. -I >- ,. 0 . 888 EXHIBIT A COVENANT FOR SEWER EASEMENT, MS 777, P.R. 3.3.15 (PARCEL B) 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"28'39Ig West (South 55"27' West, Map No. 1661) 242.68 feet: thence leaving said boundary, North 34"29'41'' 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"29'4111 West, 25.46 feet; thence North 34"29'41It West, 39.50 feet: thence North 79'29'4lt1 West, 25.92 feet; thence South 55'30'19'' West, 24.67 feet: thence North 34"29'41'' 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"27'381t East, 49.00 feet; thence continuing along said land, North 34"32'22g1 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" 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"2815311 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"0310318, a distance of 39.29 feet: thence tangent to said curve, and parallel with the Sftq I or> ~ ::,.,: .. ,. ,. i". :. 2. ~ .'' ' .. ,;,.; . : -. .. onald L. Hollowa .. .,i ...-" . \ .. - -. 5- .L e e 889 westerly side line of Washington Street as shown on said Record of Survey 9536, South 34"2810411 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"5614311, 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. \ Wf)-l f311 ('A " Spq2 opz I- ,. .. .* . (L .. . ', .- 0 a0 EXHIBIT B COVENANT FOR SEWER EASEMENT, MS 777; P.R. 3.3.15 (PARCEL A) 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 Off ice 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"28'39It West (South 55"27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29'41r1 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 "29'41tt West, 101.09 feet; thence North 79°29t41" West, 25.46 feet; thence North 34°29r41rr West, 39.50 feet; thence North 79°29141tt West, 25.92 feet; thence South 55"301191t West, 24.67 feet; thence North 34"29t41rt West, 8.50 feet; thence South 55°30r19v1 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"32r22r1 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" 58r5911, 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°28r391f East, 151.08 feet, to the TRUE POINT OF BEGINNING. .. *+,. , .* .,, 1 I w.m&\gT 96 98 0 N 34' W'N W 101.W' @ N 34'32'22~ W @.GO' @ N34"fl4)'6l'N 39.50' @ b."z?'%''E 3o.l;o' @ N'I9''Z~'~l~N ZS.&' @ N34'%'2ZUW rjO.cO' @ N 79" 28)'fi.I"W ZGjP)?' @ 4 ?@32'22"~ I@.@\' @ 6cjV 30'19''N u.02' @ n.wri8w rz~zci.oo'Li~.zlp' @ N9~"~'ll.I'Inl 6.W' @ i\lw 28'w'c 151.081 @) 4%"~'19'hl ll5.22' (@ hj?&"%'ZZ'W 49.9b' PROJECT NAME: COVENANT FOR fjflr\lER EASEMENT PROJECT EXHlBI VILLAGE FAKE SHT. 11 1 P.R. 3.3.15 * MS 777 " c " No. . , ~ I, c. 4 1 ,c * ; ,. , "8 : I .. a e IN THE CITY OF CARLSBAO , COWiY .., I -. b’ I- @ ,893 0 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated August 17, 1350 , 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. 90-333 , adopted on September 4, 1990 9 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 5, 1990 BY: - k