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Home My WebLink About1990-09-04; City Council; 10809; Covenant For Easement Carlsbad Research CenterCITA-JF CARLSBAD - AGENDP-sILL ACCEPTANCE OF COVENANTS FOR EASEMENTS FOR RECIPROCAL DRAINAGE, ACCESS AND PARKtNG ONE CARLSBAD RESEARCH CENTER SERIES 7000 PR 3.235 RECOMMENDED ACTION: Adopt Resolution No.90 -&‘/ accepting Covenants for Easement for reciprocal drainage, access and parking purposes and direct the City Clerk to cause said covenants of easements to be recorded in the office of the County Recorder. ITEM EXPLANATION: As a condition of approval of Minor Subdivision 753, the owner, One Carlsbad Research Center, is required to enter into a covenant for easement for the purpose of reciprocal drainage, access and parking on two parcels located at the corner of El Camino Real and Faraday Avenue. The Covenant of Easement is being created in accordance with the provisions of Chapter 20.64.140 Carlsbad Municipal Code. FISCAL IMPACT: Requiring creation of the Covenant for Easement will not cause any fiscal impact to the City and will allow for orderly development of the involved properties. EXHIBITS: 1. 2. 3. 4. Location Map. Covenant for Easement from One Carlsbad Research Center dated July 27, 1996. Covenant for Easement from One Carlsbad Research Center dated July 27, 1990. Resolution No. 90 -3.?l accepting Covenants for Easements for reciprocal drainage, access and parking purposes. LOCATION MAP N.T. S. PROPOSED PARCEL I M.S. NO. 753 ROJECT NAME: 1 PROJECT NO.1 EXHIBIT NO. ; MINOR SUBDIVISION NO. T753 PR 3.2.35 I - RECORDING REQUESTED By: ) City of Carlsbad ; WHEN RECORDED MALL TO: ) City of Carlsbad ; 1200 Elm Avenue Carlsbad, California 92008 ; 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) One Carlsbad Research Center, a California Limited Partnership 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 Minor Subdivision Number 753 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 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 drainage, parking and access over, across and upon the burdened property for the benefit of the property benefitted and shall be enforceable by the City and the Owner of the property benefitted and any successors in interest to the property benefitted by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant shall be binding upon and the benefit of the easement shall inure to the benefit of all successors to the real property. Dated: ?-..- % One Carlsbad Research Center, A California Limited Partnership By: Koll-One Carlsbad Research Center Associates, a California Limited Partnership By: The Koll Co., General Partner f2%&zh %M/ Martin Krupoff, Assf&nt Secretary (NOTARIAL ACKNOWLEDGEMEZ’JT OF EXJXUTION BY OWNER MUST BE AlTACHED.) NOTE THAT THE PRFSIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSIS- TANT SECRETARY MU!3 SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECI-ORS THAT IS SIGNED BY THE SECRETARY OR ASSISllNT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWFRING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIFXQT AUTHORITY OF SAID INDIVIDUAL TO A<;T IN THIS MAlTERa IT IS RECOMMEND ED THAT, PRIOR TO THB FXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIBS CONSULT WITH THF.IR ATTORNEYS WITH RESPECX THFXE- TO. VINCENT F. BIONDO, JR., AgreemenWAG-S.FRM NOTARY ACKNOWLEDGEMENTS - STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS: On Sk&-f 3 , c before me, the undersigned, a Notary Public in and for said State, personally appeared, Michael J. Dunigan, personally known to me to be the person who executed the within instrument as the Senior Vice President of the Koll Company, a California corporation, the corporation that executed the within instrument on behalf of Koll-One CRC Associates, a California limited partnership, a partner of One Carlsbad Research Center, a California limited partnership, the partnership that executed the within instrument and acknowledged to me that such corporation executed~ the same as the sole general partner of Koll-One CRC Associates, a California limited partnership and that such partnership executed the same as a general partner of One Carlsbad Research Center, a California limited partnership. WITNESS my hand and official seal. Y % WY&E ?l!rsL7% Notary Pdblic in and for said MYGslmi&lb@e&il10,1v3l County and State -.*190~--.wa+s-++ STATE OF CALIFORNIA) COUNTY OF ORANGE) SS: , /9?0 , before me, the undersigned, a Notary t said State, personally appeared, Martin Krupoff, to me to be the person who executed the within instrument as the Assistant Secretary of the Koll Company, a California corporation, the corporation that executed the within instrument on behalf of Koll-One CRC Associates, a California limited partnership, a partner of One Carlsbad Research Center, a California limited partnership, the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as the sole general partner of Koll-One CRC Associates, a California limited partnership and that such partnership executed the same as a general partner of One Carlsbad Research Center, a California limited partnership. WITNESS my hand and official seal. PUBLIC - CAUFORNlA 2oLd -- ORANGE COUNT” Notary Public in and for said County and State EXHIBIT "A" That portion of Parcel 2, in the City of Carlsbad, County of San Diego, State of California, according to a Certificate of Compliance recorded June 3, 1985 as File/Page No. 85-195471 filed in the Office of the County Recorder of said County, more particularly described as follows: Prooosed Parcel 1, M.S. No. 753 Beginning at the Southwest corner of Parcel 2 of said Certificate of Compliance: thence North 23'27'04" West 609.58 feet: thence North 68"22'05" East 459.55 feet to a point on a non-tangent 1863.00 foot radius curve concave Northeasterly, to which a radial line bears South 66"15'22" West: thence Southeasterly along the arc of said curve through a central angle of 12"19'56" a distance of 400.99 feet: thence South 49"08'46" West 172.58 feet: thence South OO"O1'12" East 25.00 feet; thence South 89'58'48" West 70.00 feet; thence North OO'01q121q West 105.60 feet: thence South 89"58'48" West 66.00 feet; thence South OO"O1'12" East 20.60 feet; thence South 89"58'48" West 194.80 feet: thence South 23'27'04" East 335.11 feet to a point on a non-tangent 642.00 foot radius curve concave Southeasterly, to which a radial line bears North 18"05'19" West; thence Southwesterly along the arc of said curve through a central angle of 05"21'45" a distance of 60.09 feet to the point of beginning. EXHIBIT "B" That portion of Parcel 2, in the City of Carlsbad, County of San Diego, State of California, according to a Certificate of Compliance recorded June 3, 1985 as File/Page No. 85-195471 filed in the Office of the County Recorder of said County, more particularly described as follows: Proposed Parcel 2, M.S. No. 753 COMMENCING at the Southwest corner of Parcel 2 of said Certificate of Compliance, said corner being a point on the arc of a non- tangent 642.00 foot radius curve concave Southerly, to which a radial line bears North 23"27'04" West: thence Easterly along the arc of said curve through a central angle of 5"21'45" a distance of 60.09 feet to the TRUE POINT OF BEGINNING: thence North 23"27'04" West 335.11 feet; thence North 89"58'48" East 194.80 feet; thence North OO"O1'12" West 20.60 feet; thence North 89"58'48" East 66.00 feet; thence South OO"O1'12" East 105.60 feet; thence North 89"58'48" East 70.00 feet; thence South OO"O1'12" East 174.00 feet to a point on a non-tangent 558.00 foot radius curve concave Northwesterly, to which a radial line bears South 16'44'27" East thence Southwesterly along the arc of said curve through a central angle of 04"12'21" a distance of 40.96 feet; thence South 77"27'54" West 100.30 feet to the beginning of a tangent 642.00 foot radius curve concave Southeasterly: thence Southwesterly along the arc of said curve through a central angle of 05"33'13" a distance of 62.23 feet to the TRUE POINT OF BEGINNING. EXHIBIT “ C ” I PARCEL 2 CER-l-lFlCAlEOFCOMPLlANCE RECORDED JUNE 3,1985 FILE/PAGE NO.85-195471 PROPOSED PARCEL I MS. NO. 753 I PO/NTUf EE&NN/NG PRUPOhD PAffCEL // PO/Nt Of COMMEMCEMEN~~O~ED PARCEL JfICINITY MAP PLAT TO ILLUSTRATE LEGAL DESCRIPTIONS TO FACILITATE CO,VENANT FOR EASEMENT FOR MINOR SUBDIVISION NO. 753 RICK RNQIN88RINO COMPANY Cl”,,. mNO,NmmR.. .“LI”mVOA.. PLANNRRm -CT MR PR 3.2.35 I, SCALE 1 = 100 I 1 CATE - CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated July 27, 1990 , from One Carl.sbad Researctz Center to the City of Car&bad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. go-331 , adopted on September 4, 1990 and the grantee consents to the recordation thereof by its duly authorized officer. DATED : September 6, 1990 BY: ALETHA L. RAUTENKRANZ, City Clerk RECORDING REQUESTED By: ) City of Carlsbad ; WHEN RECORDED MALL TO: ) City of Carlsbad ; 1200 Ehn Avenue 1 Carlsbad, California 92008 1 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) One Carlsbad Research Center, a California Limited Partnership 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 Minor Subdivision Number 753 issued by the City of Carlsbad for development located on real property described in Exhibits “A” and “8”. 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 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 drainage, parking and access over, across and upon the burdened property for the benefit of the property benefitted and shall be enforceable by the City and the Owner of the property benefitted and any successors in interest to the property benefitted by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant shall be binding upon and the benefit of the easement shall inure to the benefit of all successors to the real property. Dated: ,%m% One Carlsbad Research Center, A California Limited Partnership By: Koll-One Carlsbad Research Center Associates, a California Limited Partnership By: The Koll Co., General Partner Martin Krupoff, Assi&t Secretary (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDF.NT OR VICE-PRESIDENT AND THE SECRETARY OR ASSIS- TANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY ATRUE COW OF A RESOLUTION OF THE BOARD OF DIREmORS THAT IS SIGNED BY THE SECRETARY OR ASSISllNT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWFJUNG THE INDIVIDUAL SIGNING IN BEHALF OF THE CORF’ORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MAlTER. IT IS RECOMMEND ED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WlTH RESPECX THERE- TO. - NOTARY ACKNOWLEDGEMENTS STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS: On 5u‘t a,(/ ,I940 before me, the undersigned, a Notary Public in and for said State, personally appeared, Michael J. Dunigan, personally known to me to be the person who executed the within instrument as the Senior Vice President of the Koll Company, a California corporation, the corporation that executed the within instrument on behalf of Koll-One CRC Associates, a California limited partnership, a partner of One Carlsbad Research Center, a California limited partnership, the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as the sole general partner of Koll-One CRC Associates, a California limited partnership and that such partnership executed the same as a general partner of One Carlsbad Research Center, a California limited partnership. WITNESS my hand and official seal. SN mbiu CCUL.. Notary Public in and for said ~~~Apil10 1992 &++A County and State -**-e-w STATE OF CALIFORNIA) COUNTY OF ORANGE) SS: I 9d , before me, the undersigned, a Notary d fog said State, personally appeared, Martin Krupoff, personally known to me to be the person who executed the within instrument as the Assistant Secretary of the Koll Company, a California corporation, the corporation that executed the within instrument on behalf of Koll-One CRC Associates, a California limited partnership, a partner of One Carlsbad Research Center, a California limited partnership, the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as the sole general partner of Koll-One CRC Associates, a California limited partnership and that such partnership executed the same as a general partner of One Carlsbad Research Center, a California limited partnership. ,WITNESS my hand and official seal. Notary Public in arfd for‘ said County and State EXHIBIT "A" That portion of Parcel 2, in the City of Carlsbad, County of San Diego, State of California, according to a Certificate of Compliance recorded June 3, 1985 as File/Page No. 85-195471 filed in the Office of the County Recorder of said County, more particularly described as follows: Prooosed Parcel 2. M.S. No. 753 COMMENCING at the Southwest corner of Parcel 2 of said Certificate of Compliance, said corner being a point on the arc of a non- tangent 642.00 foot radius curve concave Southerly, to which a radial line bears North 23"27'04" West: thence Easterly along the arc of said curve through a central angle of 5"21'45" a distance of 60.09 feet to the TRUE POINT OF BEGINNING: thence North 23'27'04" West 335.11 feet: thence North 89"58'48" East 194.80 feet: thence North 00"01'12*' West 20.60 feet: thence North 89"58'48" East 66.00 feet; thence South OO"O1'12" East105.60 feet; thence North 89"58'48" East 70.00 feet: thence South OO"O1'12" East 174.00 feet to a point on a non-tangent 558.00, foot radius curve concave Northwesterly, to which a radial.line bears South 16'44'27" East thence Southwesterly along.,the arc ,of said curve through a central angle of 04"12'21" a distance of: 40.96.feet; thence South 77"27'54" West 100.30 feet to the beginning of a tangent 642.00 foot radius curve concave Southeasterly: thence Southwesterly along the arc of said curve through a central angle of 05"33'13" a distance of 62.23 feet to the TRUE POINT OF BEGINNING. EXHIBIT "B" That portion of Parcel 2, in the City of Carlsbad, County of San Diego, State of California, according to a Certificate of Compliance recorded June 3, 1985 as File/Page No. 85-195471 filed in the Office of the County Recorder of said County, more particularly described as follows: Provosed Parcel 1, M.S. No. 753 Beginning at the Southwest corner of Parcel 2 of said Certificate of Compliance: thence North 23"27'04" West 609.58 feet: thence North 68"22'05" East 459.55 feet to a point on a non-tangent 1863.00 foot radius curve concave Northeasterly, to which a radial line bears South 66"15'22" West; thence Southeasterly along the arc of said curve through a central angle of 12"19'56" a distance of 400.99 feet: thence South 49"08'46 " West 172.58 feet; thence South OO"O1'12" East 25.00 feet; thence South 89'58'48" West 70.00 feet; thence North OO"O1'12" West 105.60 feet; thence South 89"58'48" West 66.00 feet: thence South OO"O1'12" East 20.60 feet; thence South 89"58'48" West 194.80 feet: thence South 23"27'04" East 335.11 feet to a point on a non-tangent 642.00 foot radius curve concave Southeasterly, to which a radial line bears North 18"05'19" West: thence Southwesterly along the arc of said curve through a central angle of 05"21'45" a distance of 60.09 feet to the point of beginning. I EXHIBIT ” C ” PROPOSED PARCEL I M.S. NO. 753 . ; L t J -~~~ /--._- ~23*27WW 3W’ - =-= I fw54w-q I?= 642’ L = /223P p em -1-N ,&.p$= .‘ I Y. -*(,‘F, -’ . . &y$:.: ‘i’ “h X7 ‘,;.,’ $I.,, “~ 13 T c :. ro. SCIS? “I.‘~‘,, . . I, / 02. c-h-v ;‘ JiiiL ‘.’ / 0’ A *+ ‘--z-. -’ : Or,.. i I. / :&. y.p+,&, ,/’ N.T.S. PLAT TO ILLUSTRATE LEGAL RICK &NOINIIRINO COMPANY DESCRIPTIONS TO FACILITATE CIVII. mNRwumm~1m-mu9vmmnm. ~~kruwzetrn CO,VENANT FOR EASEMENT FOR ‘1~.LILP*UOJIKS.Iav,.ILm104-- i MINOR SUBDIVISION NO. 753 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated July 27, 1990 , from One Carlsbad Research Center 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. 90-331 , adopted on September 4, 1990 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 7, 1990 BY: ALETBA L. RAUTENKRANZ, City C&k RESOLUTION NO.90-331 A RESOLUTION OF THE CITY COUNCIL OF THE CR-Y OF CARLSBAD, CALIFORNIA, ACCEPTING COVENANTS FOR EASEMENTS FOR RECIPROCAL DRAINAGE. ACCESS AND PARKING. WHEREAS, Carlsbad Research Center has submitted two agreements creating covenants for easements to Parcels 1 and 2 of proposed Minor Subdivision No. 753, for reciprocal drainage, access and parking purposes over, across and upon Parcels 1 and 2 of proposed Minor Subdivision No. 753, benefitting Parcels 1 and 2 of proposed Minor Subdivision No. 753, to which the City of Carlsbad is a party of interest; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Covenant of Easement: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct, 2. That the Covenants of Easements from One Carlsbad Research Center, conveying easements for reciprocal drainage, access and parking purposes over Parcels 1 and 2 of proposed Minor Subdivision No. 753, to Parcels 1 and 2 of proposed Minor Subdivision No. 753, which is on file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the Covenant of Easements to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the-day of Sept. , 1990 by the following vote, to wit: AYES: Council MembersLewis, Larson, Mamaux and Pettine ATTEST: NOES: NOW2 ABSENT: Council Member ALETHA L. RA ww