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Home My WebLink AboutSDP 06-04; Calavera Hills II LLC; 2007-0658079; Covenant2852 DOC# 2007-0658079 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OCT12, 2007 10:49 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY1 J. SMITH, COUNTY RECORDER FEES: 32.00 PAGES: 2007-0658079 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-050-47 PROJECT NO. & NAME: SDP 06-04 Robertson Ranch East Village Affordable Site PR 07-60 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) Private Storm Drain over PA 15 in favor of PA 21 Calavera Hills II, LLC, a California limited liability company, 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 "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 Engineering condition of approval 35 of Planning Commission Resolution No. 6243, incorporated by reference in City Council Resolution 2007-049, issued by the City of Carlsbad for development located on real property described in Exhibit "A". 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 attached for clarity only 1 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2853 The property benefited by this covenant for easement is described as follows: See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is attached for clarity only This covenant for easement provides for non-exclusive right to discharge water through private storm drain facilities located 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. The owner of the property burdened by this covenant for easement shall, at all it's own expense and without cost sharing obligations, keep the easement improvements in reasonably good maintenance and repair; provided, however, the owner of the property benefited by this covenant for easement shall be obligated to reimburse the owner of the property burdened by this covenant for easement for any extraordinary maintenance or repair caused by the negligent or intentional actions of the owner or tenants or invitees of the property benefited by this covenant for easement; provided, further, the owner of the property benefited by this covenant for easement indemnifies the owner of the property burdened by this covenant for easement for any cost, liability, damage, expense, including, but not limited to, reasonable attorneys fees, that are incurred by the owner of the property burdened by this covenant for easement as a result of the negligence or intentional actions of the owner of the property benefited by this covenant or its tenants or invitees. 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2854 This covenant for easement shall run with the land, and the burdens of the covenant for 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: ^ Calavera Hills II, LLC O f tO ' Of A California limited liability company By: McMillin Companies, LLC, a Delaware limited liability company, it's Manager By: Name: £>o*J Title: isrr /. P. By: Name: Title: (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE 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 SIGNED 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 EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv: Deputy City Attbrney H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2855 State of California County of San Diego On (Date) personally appeared A- before me,(fl . (Name, Title of Officer) (Name[s] of Signer[s]) _, HfJersonally known to me -OR - D to me un II le basia of satisfactory evidence) to be the person(s) whose name(s) M9/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in -hia/her/their authorized capacity(ies), and that by his/hec/their 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 ANN M. FUTO Commission # 1546838 Notary Public - Calitomta San Diego County MyComm. Expires Jan 23 (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2856 AUGUST 13,2007 J.N. 011014 EXHIBIT 'A' LEGAL DESCRIPTION RECIPROCAL DRAINAGE EASEMENT P.R. 07-60 THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. IgfoQfl , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO 1% , Zo6l MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 SOUTH 08°20'52" EAST, 275.88 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08°26'47" EAST, 54.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 81°33'12" WEST, 39.43 FEET TO THE BEGINNING OF A NON-TANGENT 180.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 84°16'24" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°10'31" AN ARC DISTANCE OF 47.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 09°26'55" EAST, 36.93 FEET; THENCE SOUTH 73°54'12" WEST, 199.32 FEET; THENCE SOUTH 32°33'34" WEST, 25.42 FEET; THENCE SOUTH 18°02'24" WEST, 35.35 FEET TO A POINT ON THE NORTHERLY LINE OF A 10.75 FOOT DRAINAGE EASEMENT DEDICATED TO THE CITY OF CARLSBAD ON SAID MAP SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 1461.75 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 22°53'53" WEST; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID EASEMENT AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01° 02 '46" AN ARC DISTANCE OF 26.69 FEET; THENCE LEAVING SAID NORTHERLY LINE AND NON-TANGENT TO SAID CURVE NORTH 18°02'24" EAST, 55.57 FEET; THENCE NORTH 32°33'34" EAST, 35.52 FEET; THENCE NORTH 73°54'12" EAST, 189.06 FEET; THENCE NORTH 09°26'55" WEST, 19.12 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°22'01" AN ARC DISTANCE OF 106.00 FEET; THENCE NON- TANGENT TO SAID CURVE NORTH 81°33'12" EAST, 39.21 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.22 ACRES MORE OR LESS O:\Legal_Descriptions\011014\PA15ACCESS.doc Page 1 of 1 2857 Exhibit "B" Page 1 of 1 Benefited Property Lot 2 and Lot 11 of CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15608, filed in the Office of the County Recorder of said County of San Diego on September 18, 2007. RECIPROCAL DRAINAGE EASEMENT . SUBDIVISION BOUNDARY CT 02-16 LOT LINE EXISTING EASEMENT SUBDIVISION BOUNDARY CT 02-16 2XX LOT 6 GLEN AVENUE LEGAL DESCRIPTION: PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO LOT MAP THEREOF NO. an OF OCEANSDE HIGHWAY SITE '. CITY OF VISTA RCUnlT" N£. COR I n-f LOT 1 LU1 MAP RECIPROCAL DRAINAGE EASEMENT SEE SHEET 2 T.P.OB. "ANNON RD. arrors/w UARCOS BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERLY LINE OF ROS 17111 I.E. SOUTH 04'13'22" WEST. CITY OF ENONITAS VICINITY MAP NO SCALE -^ss/5^v CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying 2721 j EXP. 3/31/A ;t>l ''EXHIBIT 'C SHT. 1 OF 3 SHTS. RECIPROCAL DRAINAGE EASEMENT BETWEEN LOTS 1 AND 2 REQUESTED BY: MCMILLIN COMPANIES, LLC. P.O. BOX 85104 SAN DIEGO, CA 92186-5104 PREPARED BY: PATRICK N. O'DAY R.I.E. fflU EXP. 3/31/09 P.P. 07-60 A.P.N. 168-050-47 DATE 3-29-07 G:\011014\0114-recemt.DWG Aug 14, 2007 Xrefs: 0114kmap 8:02an 2859 GLEN A VENUE JO'- EXISTING 10' PEDESTRIAN ACCESS EASEMENT PER MAP NO. /5*»08 P.O.B. ME COR. LOT 1 MAP LOT 2 MAP ELY LOT LINELOT 1 MAP N69V£54y%R) RECIPROCAL DRAINAGE AREA=9,677 S.F. 10.75' DRAINAGE EASEMENT PER MAP NO. N2Z5_3'53"W(R)_ 7' WIDE PEDESTRIAN ACCESS EASEMENT PER MAP NO. NOTE: SEE SHEET 3 FOR DATA TABLE CONSULT A^N T S 2710 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad, California 92010 Processing 760-931 -7700 Surveying Fax: 760-931-8680 www.odaycon3ultants.com EXHIBIT 'C' SCALE: 1" = 100' SHT. 2 OF 3 SHTS. RECIPROCAL DRAINAGE EASEMENT BETWEEN LOTS 1 AND 2 REQUESTED BY: MCMILLJN COMPANIES, LLC. P.O. BOX 85104 SAN DIEGO, CA 92186-5104 PREPARED BY: PATRICK^. O'QAY R.C.Bi 27 ' 'litf EXP. 3/51/TO P.R. 07-60 A.P.N. 168-050-47 DATE 3-29-07 28GO DATA TABLE ^/ 2 J 4 5 6 7 8 9 10 11 12 13 14 •1C DELTA/BEARING S 08-20'52" E S 08'26'47" E S 81'33'12tt W A=/570'J/* S 09"26'55" E S 73-54'12" W S 32'33'34" W S 18'02'24" W A =0r02'4€" N 18'02'24" E N 32'33'34" E N 73'54'12" E N 09'26'55" W A=JO'22'0f * / Q 4 *77*4 S)ff l~ RADIUS 180.00' 1461.75' 200.00' LENGTH 275.88' 54.00' 39.43' 47.67' 36.93' 199.32' 25.42' 35.35' 26.69' 55.57' 35.52' 189.06' 19.12' 106.00' CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying EXHIBIT 'C'SHT. 3 OF 3 SHTS. RECIPROCAL DRAINAGE EASEMENT BETWEEN LOTS 1 AND 2 REQUESTED BY: MCMILUN COMPANIES, LLC. P.O. BOX 85104 SAN DIEGO, CA 92186-5104 PREPARED BY: PATRICK N. O'DAY P.R. 07-60 A.P.N. 168-050-47 DATE 3-29-07 G:\011014\0114-recemt.DWG Aug 14, 2007 8:02am Xrefs: 0114kmap