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Home My WebLink AboutSDP 94-06B; ; 2005-0579757; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR’S PARCEL NO. PROJECT NO. & NAME: 21 1-023-1 0 SDP 94-06(B) GIA Parkina Lot Exeansion DOC # 2005-0579757 JUL 11,2005 9:05 AM I111111 illl111111111111111 lllll11111 Ill11 11111 1111 11111 11111 11111 11111 Ill1 Ill1 SPACE ABOVE THIS LINE FOR RECORDERS USE 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) Gemological Institute of America, Inc, and Ohio non profit 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 per Planning Commission Resolution 5747 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: 1 H /Development ServiceslMasterslDees-Grant Deeds-EasementdCovenant for Easement Rev. 4126197 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for private drainage purposes 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 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. Gemological Institute of America, an Ohio non (Name of Applicant) profit corporation I By: I (sign here) William E. Boyajian (print name here) Donna M. Baker (print name here) President Secretary (title and organization of signatory) (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 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 INDIV13UAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. I 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 By: RBV. 4/28/97 State of California 1 ) County of San Diego ) On ~mbE vI?%dbefore (Date) personally appeared d i \\iaw\ E .%o da'i*~ &-I 6 h ovln -a M.hb (Name [ s] of S ig ne r[ s]) @&onally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) $/are subscribed to the within instrument and acknowledged to me that t&/sp(e/they executed the same in Jksl6rltheir authorized capacity(ies), and that by vs/t$r/their signature@) on the instrument the person@), 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 on,,- an TAV E,%ewl wit- No. of Pages I3 04- I Date Document Signer(s) other than named above 3 H:/Development ServicerlMasterslDeeds-Grant Deeds-EasementslCovenant for Easement Rev. 4/28/97 EXHIBIT ‘A’ CITY OF CARLSBAD PRIVATE STORM DRAIN EASEMENT (PR 04-107) Legal Description: A 10 foot wide strip of land, being a portion of Parcel A of Lot Line Adjustment No. 04-1 1, recorded of Official Records, in the office of the County kecorder of San Diego County, California, the centerline of which is described as follows: MA\/ 20, , 2005 as Instrument No.2005-W27 I Ib Commencing at the southeasterly most corner of said Parcel A of said Lot Line Adjustment No. 04-1 1, said point also being on the westerly right-of-way line of Lego Drive; thence, northerly along said right- of-way line along a curve concave to the east having a radius of 736.00 feet, a radial to said point bears South 83’36’29” East; thence, northerly along said curve through an angle of 09’28’35” a distance of 121.73 feet to a tangent curve concave to the southeast having a radius of 85.00 feet, a radial to said point bears North 86’54’56” West; thence, northerly along said curve through an angle of 22’21’43” a distance of 33.17 feet to a tangent curve concave to the northwest having a radius of 85.00 feet, a radial to said point bears North 64’33’13” West; thence, northerly along said curve through an angle of 20”19’53” a distance of 30.16 feet; thence continuing northerly along said right-of-way line North 05’06’54” East 70.00 feet to a tangent curve concave to the southwest having a radius of 21.00 feet, thence, northwesterly along said curve through an angle of 90’00’00” a distance of 32.99 feet to a point also being on the southerly right-of-way line of Cannon Road; thence continuing westerly along said right-of- way line North 84’53’06” East 164.71 feet to a point on the westerly line of an existing easement to the City of Carlsbad for drainage purposes recorded March 4, 1993 as Instrument No. 1993-0137581 of Official Records; thence leaving said right-of-way line along said westerly line of the existing easement to the City of Carlsbad, South 18’28’36” East 18.41 feet to the True Point of Beginning; thence, 1. South 12’28’34” West 74.25 feet. Containing: 743 square feet, more or less. All as shown on Exhibit “B”, attached hereto and by this reference made a part thereof. The sidelines of all the strips of land to be extended or shortened to form a contiguous parcel of land. Subject to all covenants, conditions, reservations, restrictions, rights of way and easements of record, if any. PREPARED BY: MCE CONSULTANTS UNDER THE DIRECTION OF: Q($L OISIQct. RICHARD A. MOORE, R.C.E. 23971 EXP. 12/05 PAGE 1 OF 2 EXHIBIT ‘B’ CITY OF CAIUSBAD PRIVATE STORM DRAIN EASEMENT (PR 04-107) “BENEFITED PROPERTY” Legal Description: All of Lots 5 and 6 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, as described in Certificate of Compliance recorded September 14, 1995 as File No. 1995-0409675 of Official Records; Together with that portion of Lot 4 of said Carlsbad Tract No. 94-09 (Carlsbad Ranch Unit l), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13357, filed in the Office of the County Recorder of San Diego County, September 11, 1996; lying southerly of the following described line: Beginning at the most southeasterly corner of Lot 4 of said Carlsbad Tract No. 94-09, Thence North 68’25’47’’ West, 139.84 feet; Thence North 06’37’55” West, 143.53 feet; Thence North 78’29’27” West, 391.21 feet; Thence South 56’30’33’’ West, 106.85 feet; Thence North 78’29’27” West, 95.35 feet; Thence South 11’30’33’’ West, 243.80 feet to the southerly line of said Lot 4 of said Carlsbad Tract No. 94-09. Containing 20.86 acres, more or less. PREPARED BY: MCE CONSULTANTS UNDER THE DIRECTION OF: RICHARD A. MOORE, R.C.E. 23971 EXP. 12/05 PAGE 2 OF 2 ~ ~~ ~~ CITY OF CARLSBAD SHEET 1 OF 2 PRIVATE STORM DRAIN EASEMENT EXHIBIT C: MAP SEE SHEET 2 FOR EXISTING EASEMENTS PR 04-107 1100 S. COAST HWY., #318 LAGUNA BEACH, CA 92651 lt(? 10 4 PH: 949-376-6407 @@ RICHARD A. MOORE, RCE 23971 DATE FAX: 949-376-641 7 CITY OF CARLSBAD SHEET 2 OF 2 PRIVATE STORM DRAIN EASEMENT EXHIBIT C: MAP EXISTING EASEMENTS @ (@ AN EASEMENT FOR PRIVATE DRAINAGE, BIKE LANE AND TRAIL PURPOSES AS SHOWN OR DEDICATED ON SAID CARLSBAD TRACT UNIT NO. 94-09. AN EASEMENT TO THE CITY OF CARLSBAD FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES RECORDED MARCH 4, 1993 AS INSTRUMENT NO. 1993-01 37581. Q AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC co. FOR PueLic UTILITY AND INCIDENTAL PURPOSES RECORDED AUGUST 31, 1995 AS INSTRUMENT NO. AN EASEMENT TO THE CITY OF CARLSBAD FOR PUBLIC STREET AND UTILITY AND INCIDENTAL PURPOSES RECORDED JUNE 27, 1995 AS INSTRUMENT NO. 1995-0268451 OF OFFICIAL RECORDS. AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES TO BE GRANTED TO OWNERS OF LOT 8 OF MAP NO. 13078 PER MAP NO. 13078. AN EASEMENT TO CARLSBAD RANCH MAINTENANCE ASSOC. ll FOR MONUMENT SIGN, RELATED LANDSCAPING APPURTENANCES AND RELATED ELECT. APPURTENANCES FOR LIGHT PURPOSES AND INCIDENTAL PURPOSES RECORDED FEBRUARY 27, 2004 AS 1995-0386936. @ INSTRUMENT NO. 2004-01 57977. VI C I N I TY MAP PR 04-107 1100 S. COAST HWY., #318 LAGUNA BEACH, CA 92651 PH: 949- 376 -6407 FAX: 949-376-641 7 6$@ k \zh RICHA D A. MOORE, RCE 23971