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Home My WebLink AboutSDP 90-05A; PRICE CO.; 1996-0477040; Covenant? I + ‘ 0 77 1p“EP-I996 8$=32 QH RECORDING REQUESTED BY OFFICIAL HECtrRDf AND WHEN RECORDED MAIL TO: h GREGDBY SMITH 9 CDUMTY RECORDER SAH DIEGO COUNTY WECORDER’S OFFICE - .. 258 FEES : 0.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 n /I OY P / /I SPACE ABOVE THIS LINE FOR RECORDER’S USE 1 ASSESSOR’S PARCEL NO. 21 1-040-30 PROJECT NO. & NAME: SDP 90-05(A) Price Club Expansion 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) The Price Company, A California Corporation, 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 a condition of approval for a Site Development Permit number 90-05(A) issued by the City of Carlsbad 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. The property benefited by this covenant for easement is described as follows: See Exhibit “B” attached hereto and made a part hereof. AgreementdAG-5.FRM REV 06/26/95 ,I .- i 0- 0 259 Exhibit “C” is proved for clarity only. This covenant for easement provides for non-exclusive access 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. t 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 I ’ benefit of all successors in interest to the real property. I Owner: The Price Company (title and organization of signatory) (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 CORPORATED 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 I AgreementdAG-5FRM REV 06/26/95 I 0 e 260 STATE OF WASHINGTON 1 COUNTY OF KING 1 ) ss. I certify that I know or have satisfactory evidence that Richard J. Olin signed this instrument, on oath state that he was authorized to execute the instrument as the Assistant Secretary of The Price Company, and acknowledged it to be the fiee and voluntary act and deed of said corporation, for the uses and purposes mentioned in the instrument, WITNESS my hand and official seal hereto affixed on &&$& 25 , 1996. -0- a. .77fk%LWH I/. 4- /+/L/<DW/2 4 Printed Name Notary Public in and for the State of Washington (2 @md MY appointment expires '3 -?"ST ,. 0 261 THE PRICE COMPANY SECRETARY'S CERTIFICATE I, Richard J. Olin, Assistant Secretary of The Price Company (the glCompanyll), hereby certify that the following resolutions were adopted by the unanimous consent of the Board of Directors of the Company on May 19, 1995: "RESOLVED, that any one of the Chairman, the President, any Vice President, the Secretary, the Treasurer, the Chief Financial Officer or any Assistant Secretary of the Corporation is hereby authorized to execute any and all documents regarding the acquisition, leasing or sale of real property, including without limitation, the execution of purchase agreements, deeds, escrow instructions, leases and closing statements. FURTHER RESOLVED, that all prior acts by such officers with regard to the acquisition, leasing or sale of real property, and any other acts entered into are hereby ratified. u Dated this 'j/ day of , 1996. f"FF&- . , /- 1- P, i Richard Olin Assistant Secretary .. 0 262 EXHIBIT A PR 3.4.268 LEGAL DESCRIPTION (BURDENED PROPERTY) THAT PORTION OF PARCEL 4 OF PARCEL MAP 16860, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALFORNA MAY 28, PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 17542, FILED IN THE OFFICE PARCEL MAPS, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 3 OF PARCEL MAP 195, FILED IN THE OFFICE OF SAID COUNTY RECORDER, JANUARY 30,1970 AS FILE NO. 18100 OF OFFICIAL RECORDS; THENCE SOUTH 2'09'29" WEST 10.00 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 3 TO THE HAVING A RADIUS OF 90.00 FEET, A RADIAL TO SAID BEGINNrNG BEARS NORTH 2'1 l'lS"EAST, SAID BEGINNING IS THE TRUE POINT OF BEGINNING OF THTS DESCRIPTION; THENCE SOUTHEASTERLY 87.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55'57'13" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 60.00 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 58'08'28" WEST; THENCE SOUTHEASTERLY 63.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'19'43"; THENCE NORTH 87'48'45" EAST 116.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 2'1 1'15'' WEST 64.93 FEET TO THE SOUTH RIGHT OF WAY OF PALOMAR AIEWORT ROAD AS SHOWN ON SAID PARCEL MAP 17542; THENCE NORTH 87'49'15" EAST 30.00 FEET ALONG SAID SOUTH RIGHT OF WAY; THENCE SOUTH 2"11'15" EAST 64.92 FEET TO A POINT WHICH IS NORTH 87'48'45" EAST 30.00 FEET FROM SAID POINT "A"; THENCE NORTH 87'48'45" EAST 26.86 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 90.00 FEET; THENCE SOUTHEASTERLY 123.3 1 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78O29'58" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY HAVING A RADIUS OF 495.00 FEET, A RADIAL TO SAID BEGINNrNG BEARS NORTH 76'18'43" EAST; THENCE SOUTHERLY 122.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"07'52''; THENCE SOUTH 0'26'35" WEST 15.00 FEET; THENCE SOUTH 89"33'25" EAST 1992, AS FILE NO. 92-324938 OF OFFICIAL RECORDS, TOGETHER WITH THAT OF SAID COUNTY RECORDER JUNE 27,1995, AS FILE NO. 1995-0267703 OF BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY 842.73 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE PAGE 1 OF 2 ,e e 263 WESTERLY HAVING A RADIUS OF 212.00 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 77'08'30" EAST; THENCE NORTHERLY 39.61 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10'42'21" TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH 2'09'09" EAST 207.84 FEET TO THE SOUTH RIGHT OF WAY OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID PARCEL MAP 17542; THENCE SOUTH 87'50'43" EAST 38.00 FEET ALONG SAID SOUTH RIGHT OF WAY; THENCE SOUTH 2'09'09" WEST 207.84 FEET TO A POINT WHICH IS SOUTH 87'50'51" EAST 38.00 FEET FROM SAID POINT "B", SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS ,OF 250.00 FEET; THENCE SOUTHERLY 69.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15'53'15"; THENCE NORTH 89O33'25" WEST 903.99 FEET; THENCE NORTH 0'26'35" EAST 45.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVZNG A RADIUS OF 465.00 FEET; THENCE NORTHERLY 114.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14O07'52" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 60.00 FEET, A RADIAL TO SAID BEGINNING BEARS NORTH 76'18'43" EAST; THENCE NORTHWESTERLY 82.20 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78O29'58"; THENCE SOUTH 87'48'45" WEST 173.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 90.00 FEET; THENCE NORTHWESTERLY 94.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'19'43" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 60.00 FEET, A RADIAL TO SAID BEGINNING BEARS NORTH 58O08'28" EAST; THENCE NORTHWESTERLY 58.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55'56'19" TO THE EASTERLY LINE OF SAID PARCEL 3 OF PARCEL MAP 195; THENCE NORTH 2'09'29" EAST 30.00 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNTNG. CONTAINS 1.27 ACRES PREPARED UNDER MY SUPERVISION: F E. SOLLE, P.L.S. 5749 CENSE EXPIRES 1213 1/99 4@ #/e, /!.. ,.- L5,:) ,; ?\ /.y:Yc "?. ..>. ,<. -, ,-, .>' _,.-"-. 1 ..a .* .,.,',.', C'.~ /A' .': 5 2:. - '. ",\ I L. \q i"+ y ,.:, ' /;,. LI'. W', .*..\ L. :;3' I' L.. . -, ;::': fit- , ...- i'' ,. -_ .<* %* . 'i ;\ .. ,-.-,,.. x. ?:.;" L..L ,. : Lj 2. ,:ts: I_ , * .,.~~ . ,. n 2 ,n . I !,, '7.. ..\ c-4 ? ,-. I A'. , I. . .""""/'**y- ,,.' .'.??OF c , ! :"c3i;:,,f , ,.>>. ""..".-"e-*. G:\4670\4670IEA.WRI PAGE 2 OF 2 .e e 264 EXHIBIT B PR 3.4.268 LEGAL DESCRIPTION PENEFITTED PROPERTY) PARCEL 3 OF PARCEL MAP 195, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JANUARY 30,1970 AS FILE NO. 18100 OF PARCEL MAPS. PREPARED UNDER MY SUPERVISION: ,?+:"x?. .. '5% /*&;.;:;>,.L :.,..,:;:>.+* .: :; ,.a, py; ,,4 *;;.;;(:::..-\,,:";> ., 8 .<> #&, ;.- LL:,~ -x .?-;j p G*: ' c';-.-. (L' ,i-z" .:7. <% 2. 'I a L3. - -> :? i ?]rl >Li" ?,".2 j 'i .., ., -."",""-;,~$y \./?-:::- #, * ,% ;!$2&/9& 42 c ./ I. _' \..>, < . . , ,e-. ,, [,fie ;; Ng.!J.$ i '> :j 4 :' '. -:7%, . . J. .. b4 '. 3% ,d .:,.. > +I' :\4670\4670EB .WRI >?"/ '* , c .r. r n z :, ',GC ~ PAGE 1 OF 1 ~- , & 5 .e 0 265 - - IJ J t 3 c\I e h LD c) 0 Q 0 e7 -7 I-: k< 7 E I- at 6 a yn 2 $1 X 2z Q rn 0 IY u 0 a 01 < I- ,u 31aON 13Q 03SVd 3 -z- i? 0 II - - . .... .e 0 266 I I I - -> c) t- E W Q +E e< CL m - I X -Ja LE iz: W " W z W m .. - - -> t-v, E$ WE ai5 E 'L$ Og n a W z W E - LL n !- W W I v) W W v, d m 0 Q 0 11L I" e 0 a, E Q Ili Q t%- 2 0 is -J 0 Q CLti Q 01 - 0 0,' I 'C9 \ z 1 31tlON 7% 03SV'd 3 I 8. . c. /,.:"> ,' . . -- ""~" <<: ",, '%~, .I I t ,Ai I .. . > ,. , I. I* '{;,.. j j 2; 3 ! , , .. : . . '\ .", L'.. ~., ,: ;.. i \$, ".' , B . ird ^. :,, ,] j - .. j. . . c2 ' :: ,. , , . , v ..-. ; _- . 9 'I ,I ... 2 .... .. , 11 .j i -8 . . .._ .. j >.. ,. . . . ... ., I ., I. , ,i '* . , ... . < z.. \;' , ..". -./;;,// ,,,z . . 1' , ." \,' 'J.., .' . . \;:, _, , .:.c, .""- -z- Y, 0 II - - t I < L ! 3 " II 11 I1 11 n 11 II II II 11 11 II II II II 11 11 II 11 n a-la=+JaK+aaa+laE+a 268 t - L! i a m .. .. 0 0 Q i5: Q LLJ, ar a: nm ac WY Q Zlm 3 ,E9 m 0 - 0. .I - Q $1 01 - - .SL 7 i r . e. e 26 9 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 8/ 15/96 , from The Price ComDanp to the City of Carlsbad,'California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly authorized officer. DATED: September 10, 1996 . ALETHA L. RAUTENKRANZ, City $erk