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Home My WebLink AboutSDP 85-04; Hollander, Samuel Gary and Marcia A.; 1999-0824045; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Cartsbad, CA. 92008 DOC # 1999-0824045 DEC 21~ 1999 XL:09 fwl 3047 OFFICM REcms SM DIEW CMTY REWRDER’S OFICE - iiEiF’ Yo- : . SPACE ABOVE THIS LINE FOR RECORDERS USE ;::;; .;i ,&+; 2 i, ‘~Y-‘~~S@E@~~R’B PARCEL NO. (( 156-120-43,71, *I L,I ;_(( y I : i 72, 64, 65 ‘( ; ,(, Pl?+i@CT N&t NAME: SDP 85-4 H~Q&@WER-:Ci.ENTAL ,~, (_ ,‘) ~’ ,, ‘jl -:.:i,,‘i‘!: i ‘. ,, ‘,’ ,, “. i 5, 1,s ,( ,)j, 2 COVENANT FOR EASEMENT “’ (Government Code Article 2.7 commencing ‘with SBction‘658’ir0of‘Ghapter 4 of Division 7 is ‘of”lltle 7; Carlsbad Municipal Code Section 20.04.140) ‘) (2 0, 3 “ Samuel’. Gary ,Hcllander and Marcia A. Hollander, as trustees of the““tlollander,..Family Trust dated March l’6, 1990, hereinafter referred to as “Owner” creates ‘a covenant for easement for the purpose stated hereon; over, across and upon the real property described in (,C Exhibit “A” for the benefit of the property referred to in Exhibit “B”. This covenant for easement ,,; ,,, r,, II I li may be released or&according to the procedures established by law if it is determined by the City that the covenant’is no lbnger needed to achieve the land use goals of the City. This covenant for easement is rquired by a condition of approval for a Site Development a Plan number SDP 85-4 issued by’the City of ?&sbad 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. (San Diego County Assessor’s Map Bk 156, Page 12.) blasterdFwmsJCwenant for Easement 1 Rev. 4/28/97 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 provided for clarity only. This covenant for easement provides for reciprocal access 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 provides for a reciprocal access via a common driveway on Las Flares benefit of all su ASSISTANT S IT IS RECOMMENDED TH EASEMENT, THE PARTIES CO THERETO. s 1s %%J L ~“;fr;r;,i pi& I s ,, *,~(: ~ , , APPROVED AS TO FORM: RONALD R. BALL City Attorney By: L As St J ity Attorney Masters/Forms/Covenant for Easement 2 Rex. 4/28/97 9 3 0.49 State of California ; County of Sef+Biego l&5 *slQ before me, tii$ l-k&-e. (Name, Title of Officer)’ personally appeared HCUY- i fi R t-\o~~o-u7A‘eA- (Name[s] of Signer[s]) personally known to me -OR - 3 %M& c. &&\cu?o\V ~ (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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 seat (This area for official notary seal) Title or Type of Document n \-Ena Date of Document ‘%I& 3,1449 Signer(s) other than named above Dated November 13, 1992 EXHIBIT "A" 1 PARCEL 1: That portion of Lot 4 (Fractional Southwest Quarter of the Southwest Quarter) in Section 31, Township 11 South, Range 4 West, San Bernandino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, described as follows: BEGINNINGat the Southeasterly corner of said Lot 4 thence along the Easterly line of said Lot 4, North 0' 02' West, 630 feet to the Southerly line of Road Survey No. 316. thence along said Southerly line, North 89' 58' 27" West, 284.83 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line of Road Survey No. 316; North 89' 58' 27" West, 124.91 feet; thence South 0'05' 25" West; 355.68 feet; thence South 89' 53' 29" East, 125.09 feet to a point which bears South 0'03' 40" West, 355.87 feet from the TRUE POINT OF BEGINNING,thence North 0' 03' 30" East, 365.87 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion of Lot 4 (Southwest Quarter of the Southwest Quarter) in Section 31, Township llSouth, Range 4West, San Bernandino Meridian, according to Official Plat thereof, as described in Deeds to Kirkland Hall Trust, et al. recorded February 1, 1967 as File No. 14016 of Official Records and recorded February 23, 1967 as File No. 24132 of official Records, lying Southwesterly of the following described line: BEGINNING at a point on the Southerly line of said Lot 4, being also the center line of Buena Vista way, distant along said Southerly line North 89' 26' 43' West, 96.48 feet from the Southeasterly corner of said Lot 4: thence (1) North 21' 40' 16" West, 427.77 feet; thence (2) North 12" 49' 18" West, 196.26 feet; thence (3) North 07' 01' 01" West 43.19 feet to the Southerly line of Road Survey No. Southerl; line South 89' 316, distant along said 25' 51" East 14.85 feet from the Easterly terminus of course described in deed to the State'of California, as " along a tangent curve to the right with a radius of 22 feet, through an angle of 9r 03' 40" a distance of 34.58 feet to a point of cusp in the Southerly line of Road Survey 316 -'I, recorded November 12, 1952 in Book 4652, Page 35 of Official Records. PARCEL 2. That portion of Lot 4 (Fractional Southwest Quarter of the Southwest Quarter) in Section 31, Township 11 South, Range 4West, San Bernandino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, described as follows: BEGINNING at the Southeasterly corner of said Lot 4: thence along the Easterly line of said Lot 4, North 0' 02' West, 630 feet to the Southerly line of Road Survey No. 316; thence along said Southerly line, North 89' 38' 27' West, 212.28 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southwesterly line of Road survey No. 316; North 89' 58' 27" West, 72.55 feet; thence South 0'03' 40" West, 225 feet; thence South 89' 58' 27" East, 72.55 feet to an intersection with a line bearing South 0'04' 03" West, from the TRUE POINT OF BEGINNING; thence North 0' 04' 03' East, 225 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion of Lot 4 (Southwest Quarter of the Southwest Quarter) in Section 31, Township 11 South, Range 4 West, San Bernandino Meridian, according to the Official Plat thereof as described in deeds to Kirkland Hall Trust, et al, recorded February 1, 1967 as File No. 14016 of official Records and recorded February 23, 1967 as File No. 24132 of official Records, lying Southwesterly of the following described line: BEGINNING at a point on the Southerly line of said Lot 4, being also the center line of Buena Vista Way, distant along said Southerly line North 89' 26' 43" West, 96.48 feet from the Southeasterly corner of said Lot 4: thence (1) North 21' 40' 16' West, 427.77 feet; thence (2) North 1.2' 49' 18" West, 196.26 feet; thence (3) North 07" 01' 01" West 43.19 feet to the Southerly line of Road Survey No. said Southerly line South 89' 25, 51" East, 316, distant along last 14.85 feet from the Easterly terminus of course described indeed to the State of California, as ' the right with a radius of 22 feet, through an angle of 90' along a tangent curve to 03' 40" a distance of 34.58 feet to a point of cusp in the Southerly line of Road Survey 316-l', recorded November 12, 1952 in Book 4652, Page 35 of Official Records. EXHIBIT "B" 3051 The properties benefited by this covenant are those listed in Assessors Book 156-120, APN's 43, 71, 72, 64, 65 inclusive. Q 0 120 N: e9’59’w - - ,/;i’- - . . m . . . N -% l r; BUENA -B -(II ELEMEI . SCHOOl . l &i7v ii - 7 . ~-=owmY ~~mt7s &la? U. Is@ ?c. 12 “Ls r > 3 8 1; : ., I\ ‘3 ,’ kSEL3I ’ ;iL 232C’ _ I- . u17t9 0x4. 7s 7-i ‘$ . +: - - qJ& 2:; % ’ &ii&# ;- i 3053 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant of Easement September 3, 1999, from Samuel Gary Hollander and Marcia A. Hollander, 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: December 15,1999 -- OD, Deputy City Clerk