HomeMy WebLinkAbout1989-12-19; City Council; 10420; ACCESS EASEMENT Carlsbad research center lots 16,18,19 easements COVENANT DEED DRAINAGE EASEMENT LARWIN Larwin-Rosedale easement covenants PE 2.89.30 PR 2.3.33 PR 3.2.33 Private storm drainage & non-exclusive access Res 8d
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GlwP GAHLSBAU - AGENWILL (3
AB# +AGL TITLE: ACCEPTANCE OF THE COVENANTS FOR EASEMENT DEPT.%
FOR PRIVATE STORM DRAINAGE AND NON-EXCLUSIVE
ACCESS PURPOSES CARLSBAD RESEARCH CENTER LOT 16, C,TY A,. MTG. 12-1 9-89
DEPT. ENC. 18 AND 19, PE 2.89.30, PR 3.2.33, PR 2.3.33 CITY MC
RECOMMENDED ACTION:
Adopt Resolution No. fy- 44/ accepting the Covenants for Easemenl
private storm drainage and non-exclusive access purposes.
ITEM EXPIANATION:
As a condition of approval of Grading Permit No. 2.89.30 the owner, Lafin-Rose
Properties, is required to enter into two covenants of easement for the purpose
providing proper drainage and internal circulation route that is available to Lots
18, and 19 of Carlsbad Tract 81-10 Unit 1 located at Rutherford Road and P:
Court. The Covenants of Easement are being created in accordance with the provis
of Chapter 20.64.140 Carlsbad Municipal Code.
FISCAL IMPACE
Requiring creation of the Covenants for Easement will not cause any fiscal impac
the City and will allow for orderly development of the involved properties.
EXHIBITS:
1. Location Map.
2. Covenant of Easement for private storm drainage purposes from Larwin-Rose
Properties dated September 27, 1989. (PR 3.2.33).
Covenant of Easement for non-exclusive access purposes from Lafin-Rose
Properties dated November 13, 1989. (PR 2.3.33)
Resolution No. g?-&d/ accepting the Covenants for Easement for pri
storm drainage and non-exclusive access purposes.
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~N-~X~LUS/ViF AZaSS 6+%5&WEv CO
CARLSBAO RESEARCH CENTER
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RECORDING REQUESTED BY: 1 City of Carlsbad 1
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WHEN RECORDED MAIL TO: 1 1 1 City of Carlsbad 1
1200 Elm Avenue ) Carlsbad, California 92008 1
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PR 3.2.33
ow 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)
LARWIN-ROSEDALE PROPERTIES, hereinafter referred to as Owner creates a covenant for easement for the purpose stated hereon; over the real property described on Exhibit "A" for the benefit of the property referred to in Exhibit "Bs. 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 Grading Permit No. PE 2.89.30 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 benefitted by this covenant for easement is
See Exhibit ''B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only.
described as follows:
Sheet 1 of 2
the corporatio h <e c tgd the with instrument on
----the partnership that executed
the within instrument, and acknowledged to me that such corporation executed the same as such partner and that
such partnership executed the same. WITNESS my hand and official seal.
Signature /-A&-
22 pJbp Lzdnid-; L-73,
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tary
(This area for official notarial sed)
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EXHIBIT "A"
LEGAL DESCRIPTION
PR 3.2.33
18' WIDE PRIVATE STORM DRAIN EASEMENT
A PORTION OF LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN 'I
TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORI CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORD!
OF SAN DIEGO COUNTY, FEBRUARY 18, 1982 AND A PORTION OF LOTS 18 AND
OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBl
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF
10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN'
FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372 P
RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE NO. 89-496669
OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 16, SAID POINT AI
BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, S1
POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO !
NORTHWEST, A RADIAL BEARING TO SAID POINT BEARS SOUTH 23015'17" EA; THENCE NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THROUGI
CENTRAL ANGLE OF l055'28", AN ARC DISTANCE OF 18.00 FEET TO A POINT
A LINE WHICH IS PARALLEL WITH AND 18.00 FEET MEASURED AT RIGHT AN(
FROM THE EASTERLY LINE OF LOT 17 AS SHOWN ON SAID MAP; THENCE ALC
SAID PARALLEL LINE SOUTH 23°15'17" EAST, 284.38 FEET: THENCE LEAVl
SAID PARALLEL LINE ALONG A LINE WHICH IS PARALLEL WITH AND 10.00 FI
MEASURED AT RIGHT ANGLES EASTERLY OF THE EAST LINE OF SAID LOT 1
THENCE ALONG SAID PARALLEL LINE SOUTH 10°18'39" EAST, 336.85 FEET T(
POINT ON THE SOUTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID L1
SOUTH 79O41'21" WEST, 18.00 FEET TO THE BEGINNING OF A LINE WHICH
PARALLEL WITH AND 8.00 FEET MEASURED AT RIGHT ANGLES WESTERLY OF :
EAST LINE OF SAID LOT 18; THENCE ALONG SAID PARALLEL LINE NORTH 10" 39" WEST, 300.22 FEET TO A POINT ON THE NORTHLINE OF SAID LOT :
THENCE ALONG SAID NORTH LINE NORTH 81'18'05" EAST, 8.00 FEET TO 'I
THENCE ALONG THE COMMON LINE TO SAID LOTS 16 AND 17 NORTH 23O15':
WEST, 317.75 FEET TO THE POINT OF BEGINNING.
COMMON CORNER OF LOTS 16, 17 AND 18 OF SAID CARLSBAD TRACT 81-:
THE AREA OF SAID EASEMENT IS 11,003.39 SQUARE FEET.
JN6491SD.LGL
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EXHIBIT "B"
LEGAL DESCRIPTION (PP 3.2.33)
PARCEL 1
LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
DIEGO COUNTY, FEBRUARY 18, 1982.
PARCEL 2
LOTS 18 AND 19 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITE
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
DIEGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUSTM
PLAT NO. 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE
89-496669 OF OFFICIAL RECORDS.
LAPllDlI L PLAT(I0 lLLUSTRATE THE #’ WIDE COVENANT FOR PRIVATE STORM DRAIN EASEMENT
IN THE CITY OF CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALIFORNIA.
COMMON CORNER TO LOTS 16,17 & 18
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CONRAD C. HAMMANN R.C.E. MY REGISTRATION EXPIRES 6,
BRIAN SMITH ENGINEERS,
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PROJECT NAME: PROJECT NO. EX1
P.R. 3.2.33 CARLSBAD RESEARCH CENTER PE 2.89.30
PD 343
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
September 27, 1989 , from Larwin-Rosedale Properties
_________________----------------------------- to the City of
Carlsbad, California, a Municipal Corporation, is hereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-441 , adopted on December 19, 1989
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: December 21, 1989
BY:
a L RECORDING REQUESTEmY: 1 0 City of Carl s bad 1 3 MEN RECORDED MAIL TO: ) 1 City of Carlsbad 1 i 1200 Elm Avenue Carl sbad, Cal iforni a 92008
PR 2.3.33 COVENANT FOR EASEMENT &A! (Governinen t Code Art i cl e 2.7 commenci ng wSth Section 65870 of Chapter 4 of Division 1
of Title 7; Carlsbad MunicSpal Code Section 20.04.140)
Larwi n-Rosedal e Properties hereinafter referred to as Owner creates
covenant for easenient for the purpose stated hereon; over, across and upon 1
real property described in Exhibit "A" for the benefit of the property refer1
to in Exhibit "6''. This covenant for easement may be released Only accord
to the procedures established by law .if it I.s determined by the City that '
covenant is no longer needed to achieve the land use goals of the City.
This covenant for easement is required by a condStion of approval fol
Grading Permit Number PE 2.89.30 issued by the City of Carlsbad for developmi
located on real property described in Exhibits "A" and "B".
The property burdened by'this covenant for easement is described
fol 1 ows :
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
foll ows:
See Exhibit "6" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only.
This covenant for easement provides for non-exclusive access easement OV
across and upon the burdened property for the benefit of the property benefi
and shall be enforceable by the City, by the Owner of the property benefited
by the successors in interest to the property benefited by this covenant.
Maintenance of these non-exclusive access areas shall be the responsibil
the corporation h t e ut d he within instrument on
the partnership that executed the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
WITNESS my hand f?d official seal.
behalf of ,A! ,&IJ8>7m
such partnership executed the same.
Signature
ii a
iia
(This area for official notarid sed) 1 I
ecuted t& within instrument on # /e?/?.. ne< A7ii.
-the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
such partnership execuj d the same.
WITNESS my hand official sea?
Signature A / LL% v
1 SEMENT,
(This area for official notarial seal)
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EXUIBIT "A"
&E= DESCRIPJ!3CON CPU 2.3.333) 24' WLDE NON-EXCLUSIVE ACCESS EASEMENT
A POR'fIOD OF LOT 16 OF CARLSBAI) TRACT NO1 81-10, UNIT NO, 1, IN
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORI
TO MAP THEREOF NO, 10330, FILED IN TEE OFFICE OF THE COUNTY RECOI; OF SAN DIEGO COUWY, FEBRUARY 18, 1982 AM) A PORTION OF LWS 18 ANI OF CARLSBAD TRACT NO. 81-10, UNIT NO. It IN THE CITY OF CARLST
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF 10330, FILED IN THE OFFXCE OF THE COUNTY RECORDER OF SAN DXEGO COUl FEBRUARY 18, RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE BO, 89-496665 1982 AS ADJUSTED PER LOT LINE ADJUSTMENT NO. 372
OFFICIAL RECOmS AM, BEING NORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 24 FEET ZN WIDTH LYING 12 FEET, MEASURED AT R]
ANGLES AND PARALLEL TO, AND ON EACH SIrjE OF THE FOLLOWING DESCR3 CEHTEIUINE:
BEGINNING AT TBE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT BEING A POINT ON THE SOUTHERLY RIGE.IT-OF-WZAY OF RUT'HERFORD ROADl ,
POINT ALSO BEING A POINT ON A 536.00 FOOT RADIUS CURVE, CONCAVE TO
NORTBWEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT-OF- LINEc THROUGH A CENTRAL ANGLE OF 2'21'1O", AM ARC DISTANCE OF 2 FEET TO THE TRUE POINT OF BEGINNING.
THENCE LEAVING SAID ARC AND RIGHT-OF-WAY LXNE SOUTH 5P46'50" Ed 23.64 FEET TO THE BEGINNING OF A TANGENT 24.00 FOOT RADIUS CU CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG SAID C1
TO A POINT OF REVERSE CURVATURE WITH A 72.00 FOOT RADIUS CURVE CON TO T€IE NORTHEAST; TSENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE T
A CENTRAL ANGLE OF 3@32*51", AN ARC DISTANCE OF 43.41 FEET; TH SOUTH 54O27'14" EAST, 209.51 FEET TO THE BEGINNING OF A TANGENT 3 FOOT RADIUS CURVE COPICAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY A SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OP 44'08'35"~ AN
DISTRNCE OF 23*l.I FEET; THENCE SOUTH IOO18'39" EAST! 344e66 FEE
THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE TO NORTHWEST; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CTANGEW c
THROUGH A CENTRAL ANGLE OF 9O000'00", AN ARC DISTANCE OF 62.83 F THENCE SOUTII 79°41r21" WEST, 224.98 FEET TO THE BEGINNING OF A TAN
63.00 FOOT RADXUS CURVE CONCAVE TO THE SOUTHEAST: THENCE SOUTIlWEST ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 46OO0'49"r AS
BEGINNING OF A 53,OO FOOT RADIUS CURVE CONCAVE TO THE NORTHW
TIENCESOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL A OF 4G000t49v1, AN ARC DISTANCE OF 42.56 FEET; TBENCE SOUTH 79'41
WEST, 548.60 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS C
CONCAVE TO THE NORTHWESP: THENCE SOUTHWESTERLY, WESTERLY
NORTI3WESTERLX ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE C
OO'OO", AN ARC DISTANCE OF 78.54 FEET; THENCE NORTH 10*18'39' W
THROUGH A CENTRAL ANGLE OF 31°52'27", AN ARC DISTANCE OF 13.35 1
DISTANCE OF 50.59 FEET: THENCE SOUTH 33'40'32" WEST, 44.95 FEET TO
SHEET !Of= 3
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113.90 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CUF
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86'14'54 AN ARC DISTANCE OF '75.27 FEET; THENCE NORTH 75O56'15" EAST, 232,
FEET TO THE BEGINNING OF A TANGENT 63.00 FOOT CURVE CONCAVE TO 1:
NORTHWEST; THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGI CEN'I'RAL ANGLE OF 30°49'50", AN ARC DISTANCE OF 33.90 FEET; THE1
CONCAVE TO THE SOUTHEAST; THENCE NORTHWESTERLY, NORTHERLY E
NORTH 45O06'25" EAST, 2.63 FEET TO A POINT ON THE SOUTHWESTERLY RIGI OF-WAY OF PASCAL COURT AND THE POIMl OF TERWIN14TIONw
THE SIDELXNES OF SAID 24' WIDE STRIP OF LAND TO BE LENGTHENED SHORTENED AT ALL ANGLE POINTS AND TO TERMINATE AT SAID RIGHT-OF-W LINES AND PROPERTY LINES,
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EXHIBIT " 8 "
LWiAL DESCRIPTION (e6 2.3.93)
PARCEL 1
LOT 16 OF CARLSBAD TRACT NO. 81-10, UNXT NO. I, IN THE CITY CARLSBADI COUNT'Y OF SAN DXEGO, fiT'ATE OF CALIFORNIA, ACCORDING TO
THEREOF NO* 2.0330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DIEGO COUNTY, FEBRUARY' 18, 1982.
PARCEL 2
LOTS 28 AND 19 OF CARLSBAD TRACT HO. 81-10, UNIT NO, 1, IN THE CIT'
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNXR, ACCORDING TO
DXBGO COUNTY, FEBRUARY 18, 1982 AS ADJUSTED PER LOT LINE ADJUST?!
89-496669 OF OFFICIAL RECORDS.
THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
PLAT MO* 372 AND RECORDED AS CE 539 ON SEPTEMBER 14, 1989 AS FILE
@ EXHIBIT “C” e
PLAT FOR NON-EXCLUSIVE
RECIPROCAL ACCESS EASEMENT
IN ME CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
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:1’ t3:-:0 IJNIT NO. 1
MAP ? 0330
N107 8’39”W 44.39
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
November 13, 1989 , from Larwin-Rosedale Properties
to the City of ..............................................
Carlsbad, California, a Municipal Corporation, is hereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-441 , adopted on December 19, 1989
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: December 21, 1989
BY: ,+ye REN R. KUNDTZ, D ty City City CG C1
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RESOLUTION NO. 8 9 - 4 4 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, ACCEPTING WO COVENANTS FOR EASEMENT FROM LARWIN-ROSEDALE PROPERTIES, PE 2.89.30, PR 3.2.33, PR 2.3.33
WHEREAS, Larwin-Rosedale Properties has created two covenants for easen
private storm drainage and non-exclusive access purposes over across and upon a
of the Lot 16 of CT 81-10 Unit 1 and a portion of Lots 18 and 19, CT 81-10 as i
per lot line Adjustment 372 and recorded as CE 539 benefitting all of Lot 16, C'
Unit 1 and all of Lots 18 and 19, CT 81-10 as adjusted per lot line Adjustment :
recorded as CE 539, to which the' City of Carlsbad is a part of interest; and
WHEREAS, the City Council of the City of Carlsbad has determined it to 1
in the public interest to accept said Covenants of Easement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of C
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Covenants of Easement from Larwin-Rosedale Propertie:
September 27, 1989, and November 13, 1989 conveying an easement for prival
drainage and non-exclusive access purposes respectively over Lot 16 of CT 81-1(
and a portion of Lots 18 and 19, CT 81-10 as adjusted per lot line Adjustment :
recorded as CE 539 to all of Lot 16 of CT 81-10 Unit 1 and all of Lots 18 and 19
10 as adjusted per lot line Adjustment 372 and recorded as CE 539 which are on
the City Clerk and are incorporated herein by reference, are accepted.
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3. That the Citji Clerk is autk&d to cause the Covenants of Easeme
to be recorded in the Office of the County Recorder of San Diego County, State
of California, with the appropriate Certificates of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb
Council held on the 19th day of December, 1989 by the following vote, to wit:
AYES: Council Members Lewis, Pettine and Larson
NOES: None
ABSENT: Council Members Kulchin and Mamaux
ATTEST:
MflA L. &&UXhJKE&J Z, City Clerk
(SEAL) KAREN R. KUNDTZ, Deputy City Clerk