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Home My WebLink AboutPR 99-68; Cade, Stephen P. and Maureen; 1999-0661443; CovenantRECORDED REQUEST OF First American Title S~DR’ISION MAppmcj DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOG # 1999-0661443 3851 SEP 29s 1999 11:11 fwl rnICI& REam iwNDI&y~m~~ Fb: ’ 2lm illlllllll~llll~~l~lll~ll 1999-0661443 SPACE ABOVE THIS LINE FOR RECORDER’S USE ,‘, pl& 1 @ ~,:$i;: .~S( ’ ’ ., ” II@ PARCEL NO. 206-200-10 PR 990068 ,‘! ” PRWkkbi NO. 4% ii&E: hjl$&b61 CAQE MIt&k SU@DlVlSlON .) ! :(, :g ,‘ ti L,(g “ ‘3“ j ,::. ,, ,,, .*. ,.y .i ,:_i ,I< ~, ,( : t‘ ,.COVENANT FOR EASEMENT ” ;:I;&@.J vernment Code Article 2.7 commencing :;dith Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad MunicipalCode Section 20.04.140) c lTy 7 ‘,‘ 0 i L’- / ,- ‘, ;.‘;:‘.i: : I‘, ‘) L.6 ii Stephen P: C%$e’ and Maureen Cade, co-trustees, U.T.D. Aprl 6, 7994,, hereinafter referred to as ‘V%&er+’ creates a covenant for easement for the purpose stated hereon; over, across and’ upon the !‘&a1 property described in Exhibit “A”’ for the benefit of”‘the~3broperty referred to in’lkxhibit %! This covenant for easement maybe released only according to the 1,:, ,,“ i ,, procedures established$y’ f&w if it is determined by the City that the, covenat+“‘& no longer needed to achieve&e land u&k&$&of the City. _, This covenant for’e$asement is re$$ired’ by a condition of approval for a Minor Subdivision / .A: :, number MS 96-01 issued by theCity of Carlsbad’for development located on real property ‘? described in Exhibits “A” and “B”. ’ “ ,*‘- _I 0: _1 I”’ 1” “‘_ ,., “ “ 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: j 2 . . * 3852 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for a private access and utility 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. This covenant for easement shall r~n~~~~~~~~‘t~~d, and the burdens of the covenant for (,‘: ‘: easement shall be binding upon and’%$“benefit: of the covenant ?&easement shall inure to the benefit of all successor& fiit&est to’@& re$prq@&-ty:. i. ” 4,‘ ‘I“ “’ “_‘ ‘,,. Dated: ., SfLd+ IQ; -1999 Steven $.“&#j& and Mau&.&, Cade, co-trustees, ~&@j~, iAp;liI ‘6, 1 $#I&$ ‘ ~~ :, (NOTARIAL Ac~@Jo&LEDGME~T OF EXE >: NOTE THAT THE &&DENT ‘&VtCE-FpR&jtDE’,JT ANo TfjE’SECRETAR~O& “’ ASSISTANT SECRE-I’A#%MUST SIGN FOR CORPORATE EXECUTIONS C?IF’ TtiIS DOCUMENT. ALTERNAiLELY A TRUCE COPY OF A RESOLUTION OF THE BtSARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECREThRY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFtClENT AUTHORITY OF SAID INDIVIDCIAL TO ACT, IN THIS MATTER, IT IS RECOMMENDED h&&T; PRIOi&O THE EXECUTION OFTHIS’COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS’ WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney I’ ‘L g pi‘, . 3853 State of California County of San Diego 1 On g/10/99 before me, Denise Sciarra, Notary Public 1 (Date) (Name, Title of Officer) personally appeared * * * * Steven P. Cade and Maureen Cade * * * * * * * (Name[s] of Signer[s]) I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that w executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for Signature of Notary official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 3854 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certiQ that the interest in real property conveyed by the Covenant of Easement September 10, 1999, from Steven P. Cade and Maureen Cade, Co-Trustees, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 21,1999 3855 98-035 Q/14/99 RB EXHIBIT ‘A’ LEGAL DESCRIPTION FOR PRIVATE ACCESS AND UTILITY EASEMENT (over Parcel 1 in favor of Parcel 2) All that portion of Parcel 1 of Parcel Map No. /=% as filed in the office of the County Recorder of San Diego County, in the City of San Diego, County of San Diego, State of California, more particularly described as follows: Beginning at the Northwest corner of said Parcel 1 and a point on a 110.04 foot radius non-tangent curve concave Northerly, a radial to said point bears South 3°52’05” West; thence along the arc of said curve along Adams Street rightof-way having a 30.00 foot wide half right-of-way width 1. Northeasterly 63.98 feet 2. South 32°35’26” East 4.80 feet 3. Southeasterly 62.83 feet 4. Southeasterly 52.94 feet 5. Southeasterly 98.23 feet 6. South 20°55’OO” West 21.83 feet through a central angle of 33O18’38” to the TRUE POINT OF BEGINNING and most Northerly corner of said Parcel 1; thence along the Northeasterly line of Parcel 1 to the beginning of a tangent 200.00 foot radius curve concave Northeasterly, a radial to said point bears South 57O24’34” West; thence continuing along the Northeasterly line of Parcel 1 along the arc of said curve through a central angle of 18°00’OO” to a point on a reverse curve concave Southwesterly having a radius of 200.00 feet, a radial to said point bears North 3Q024’34” East; thence continuing along Northeasterly line of Parcel 1 along the arc of said curve through a central angle of 15°10’OO” to a point on a reverse curve concave Northeasterly having a radius of 200.00 feet, a radial to said point bears South 54O34’34” West; thence continuing along Northeasterly line of Parcel 1 along the arc of said curve through a central angle of 28OO8’26” to the Northeast corner of said Parcel 1; thence along the Easterly line of said Parcel 1 to a point on a curve concave Southerly having a radius of 29.50 feet, a radial to said point bears North 66oO833” East; thence along the arc of said curve 3856 EXHIBIT ‘A’ LEGAL DESCRIPTION FOR PRIVATE ACCESS AND UTILITY EASEMENT (over Parcel 1 in favor of Parcel 2) 7. Northwesterly 8. Northwesterly 9. Northwesterly 10. Northwesterly 11. Northerly 12. Northwesterly 18.43 feet Ql.lOfeet 38.91 feet 22.04 feet 55.46 feet 18.79 feet 13. Northeasterly 15.70 feet Contains 4279 square feet, more or less. Q/l 4/QQ Page Two through a central angle of 35O47’15” to a point on a reverse curve concave Northerly having a radius of 215.50 feet, a radial to said point bears South 3OO21’18” West; thence along the arc of said curve through a central angle of 24O13’16” to a point on a reverse curve concave Southwesterly having a radius of 184.50 feet, a radial to said point bears North 54O34’34” East; thence along the arc of said curve through a central angle of 12°05’01 ” to a point on a compound curve having a radius of 29.50 feet, a radial to said point bears North 42O29’32” East; thence along the arc of said curve through a central angle of 42O48’23” to a point on a reverse curve concave Northerly having a radius of 32.50 feet, a radial to said point bears South O”18’50” East; thence along the arc of said cure through a central angle of 97O46’12” to a point on a reverse curve concave Westerly having a radius of 29.50 feet, a radial to said point bears South 82O32’39” East; thence along the arc of said curve through a central angle of 36O29’36” to a point on Adams Street right-of-way having a 30.00 foot wide half right-of- way width and a point on a 110.04 foot radius curve, a radial to said point bears South 21O16’14” East; thence along the arc of said curve through a central angle of 8O10’18” to the TRUE POINT OF BEGINNING. 3857 98-035 9114KKl RB EXHIBIT ‘B’ LEGAL DESCRIPTION FOR BENEFITED PARCEL Parcel 2 of Parcel Map No. /f3fg as filed in the office of the County Recorder of San Diego County, in the City of San Diego, County of San Diego, State of California. 3358 . I PLAT FOR lx-w IV R=110.04' L=15.70' ADAMS Y P.O.6. / N.W. , PARCEL 1 OFPARCEL MAP No, / I 1 . I I I -2 I h’ 2 I I!& a3 2’ I I I PRIVATE ACCESS & Ul7LlTY EASEMENT ,RCEL 2) DATA TABLE PRlVAlE ACCESS L lU7LH-Y EASEMENT IN FAVOR OFPARCEL 2 OF PARCEL MAP No. PARCEL I PARCEL MAP No.&47