The URL can be used to link to this page

Home My WebLink AboutPR 99-69; Cade, Stephen P. and Maureen; 1999-0661444; Covenantc- ‘, .I RECORDED REQUEST OF . First American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 DOG # 1999-0661444 3f359 SEP 29 I 1999 xl:11 fwl SPACE ABOVE THIS LINE FOR RECORDER’S USE PR 990069 COVENANT FOR EASEMENT ’ ‘2 ‘:‘I~, @overnment Code Article 2.7 commencing :,/ i$rith Section 65870 of Chapter 4 of Division 1 .:f _’ o$ $!#e 7; Carlsbad SJlunieSpali’Cods-Section 2064.140) s ‘-,! ri i_ j: i : Si’ ({I, . : l&i ~, : 3.: I‘:’ and Maureen Cade, co;trustees, U.T.D. April 6, 4994, ,hrfrNnafter ,: Jo @ ;c (_(p:; , %I ::i’$ &ii !*j ,: .!bf ii referred to as?IIwn&‘kreates a covenant for easement for the- puipose stited her@n; over, I, “ j, : across and upon the real property described in Exhibit “A” for the benefit of’thdiproperty referred to in Exhibit ‘B1: This covenant for easement maybe released only ackarding to the ,,( ,,I i :: s ‘, ; ;::t!;.‘, procedures esta&~$h&F’hy faw if it is determined by the City that, the covenant”g no longer 3 3. I_ )’ _: needed to achieve (he laiidkse ‘gba&of the City. 3ll ! : : ;,r,;:.i This covenant foreasement’k &$&red by &&idttion of approval for a Minor Subdivision number MS 96-01 issued by the, City of Carisbadfor development located on real property described in Exhibits “A” and “B”. ‘j’:’ “‘ “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: 1 MasterslFwms/Cwenant for Easement Rev. 4i28/97 @ 7hz2 .L ‘3 . . . 3360 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 ru~~~~~~~~‘~~~d, and the burdens of the covenant for I, (1, ‘,’ “ ,.‘,“, : ,, (( easement shall be binding upon ‘dnd’the “&nefit~of the covenan~~~easement shall inure to the ,>$ ‘I_ ,.’ i benefit of all successors fn Interest tothe real prupert$. (,:,[- t % : / ‘),““” ,,‘iii ::t’, Dated: ,zO: I,‘) c$qiii Ilk, co-trustees, U.T.Q,,ApriI 6, I@!$4 ‘b ~_ j ~,:i”,‘! ~s;e $, ,: ; ;, :( g j,, ,:, ,,‘ ), ,),) ‘, j “ Id>, 3,) ((:(, NOTE THATI% PRESIDENT ~#~ICE-PR~S~~~I~NT AND THE SECRETARY OR ““’ ASSISTANT SGCRETARY MUST SIGN FOR COePORA$E 8EXECUTIONS OF THIS DOCUMENT. ALfERbjA~ELY A TRUCE COPY OF A RESOLUTION OF THE BOA@D OF DIRECTORS THAT BS SIGNED BY THE SECRETARY OR ASSISTANT SECRET&RY OF THE CORPORATI&J, UNDER’CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED INB’EHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, ~+ioR’io THE ~XECUT@N !OF THIS:C:OVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATl’ORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney 1 MastersJFormslCovenant for Easement 2 Rev. 4/28/97 I . : 3861 State of California County of San Diego ) On g/10/99 before me, Denise Sciarra, Notary Public (Date) (Name, Title of Officer)’ personally appeared * * * Steven P. Cade and Maureen Cade * * * * * * * (Name[s] of Signer[s]) Y personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) e subscribed to the within instrument and acknowledged to me that & executed the same in authorized capacity(ies), and that by h 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 . . Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 3862 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify 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 offker. DATED: September 2 1,1999 3363 98-035 9/l 4l99 RB EXHIBIT ‘A’ LEGAL DESCRIPTION FOR PRIVATE ACCESS AND UTILITY EASEMENT (over Parcel 2 in favor of Parcel 1) All that portion of Parcel 2 of Parcel Map No. /s%r 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 3O52’05” West: thence along the arc of said curve along Adams Street right-of-way having a 30.00 foot wide half right-of-way width 1. Northeasterly 63.96 feet 2. South 32O35’26” 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 Westerly corner of said Parcel 2; thence along the Southwesterly line of Parcel 2 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 Southwesterly line of Parcel 2 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 39O24’34” East; thence continuing along Southwesterly line of Parcel 2 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 Southwesterly line of Parcel 2 along the arc of said curve through a central angle of 28°0826” to the Southwest corner of said Parcel 2; thence along the Westerly line of said Parcel 2 to a point on a curve concave Southwesterly having a radius of 29.50 feet, a radial to said point bears North 66OO8’33” East; thence along the arc of said curve o803s.1914 0 3864 EXHIBIT ‘A’ LEGAL DESCRIPTION FOR PRIVATE ACCESS AND UTILITY EASEMENT (over Parcel 2 in favor of Parcel 1) 7. Southeasterly 10.65 feet 8. Easterly 141.95 feet 9. Westerly 122.37 feet 10. Northwesterly 44.54 feet 11. Westerly 22.59 feet 12. Southwesterly 43.04 feet 13. Westerly 15.25 feet 14. Southwesterly 16.82 feet Contains 7678 square feet, more or less. 9/l 4199 Page Two through a central angle of 20°41’06” to a point on a reverse curve concave Northeasterly having a radius of 32.50 feet, a radial to said point bears South 86O49’39” West; thence along the arc of said curve through a central angle of 250°15’05” to a point on a reverse curve concave Northerly having a radius of 184.50 feet, a radial to said point bears South 16O34’34” West; thence along the arc of said curve through a central angle of 38°00’OO” to a point on a reverse curve concave Southerly having a radius of 215.50 feet, a radial to said point bears North 54O34’34” East; thence along the arc of said curve through a central angle of 11 O50’35” to a point on reverse curve concave Northeasterly having a radius of 29.50 feet, a radial to said point bears South 42O43’59” West; thence along the arc of said curve through a central angle of 43O52’34” to a point on a reverse curve concave Southerly having a radius of 32.50 feet, a radial to said point bears North 86O36’33” East; thence along the arc of said curve through a central angle of 75O52’42” to a point on a reverse curve concave Northerly having a radius of 29.50 feet, a radial to said point bears South lOO43’51” West; thence along the arc of said curve through a central angle of 29O36’52” 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 38O11’58” East; thence along the arc of said curve through a central angle of 6°45’25” to the TRUE POINT BEGINNING. OF 3865 98-m 9/l 4199 RB EXHIBIT ‘B’ LEGAL DESCRIPTION FOR BENEFlTED PARCEL Parcel 1 of Parcel Map No. /tf3H 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. PLAT FOR 3866 PRIVATE ACCESS & U77LlN EASEMENT (OKR PARCEL 2 IN FAVOR OF PARCEL I) DATA TABLE DELTA RADiUS LENGM &' .qJ '$ 1 A=l4"07'08' 110.04' 27.12' .&,~~ . . , ATa/ PRIVATE ACCESS & UllLiTY EASIXNTIN fAVOR Of PARCEL I V.W. COR. PCL 1 PARCEL MAP No./f3fl