HomeMy WebLinkAbout1990-09-04; City Council; 10810; Covenant For Easement Village FaireDEPT. ENC. PR 3.3.15, PR 2.3.39 AND PR 2.3.40
RECOMMENDED ACTION: Adopt Resolution No. %I -&%&accepting Covenants of Easement for sewer, reciprocal
access, parking, and drainage purposes.
ITEM EXPLANATION:
As a condition of approval of Minor Subdivision 777 the owners, T.I.L., Ltd, a California
Limited Partnership and T.I.O., Ltd., a California Limited Partnership, are required to enter
into covenants of easement for the purpose of providing sewer service to Parcel A and
proper drainage and internal circulation available to Parcels A and B of the proposed
subdivision. The proposed subdivision is located in the northwestern part of the City and
is bounded by Grand Avenue, Washington Street, Elm Avenue and Carlsbad Boulevard.
The Covenants of Easement are being created in accordance with the provisions of
Chapter 20.64.140 of the Carlsbad Municipal Code.
FISCAL IMPACT:
Requiring creation of the Covenants of 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.
5.
Location Map.
Covenant of Easement (sewer) for the benefit of Parcel “A” - PR 3.3.15.
Covenant of Easement (reciprocal access, parking and drainage) for the benefit
of Parcel “A” - PR 2.3.39.
Covenant of Easement (reciprocal access, parking and drainage) for the benefit
of Parcel “B” - PR 2.3.40.
Resolution No. 90 -3JL accepting the Covenants of Easement for sewer,
reciprocal access, parking and drainage purposes.
LOCATION MAP
CARLSBAD BOULEVARD
NO SCALE
COVENANT FOR RECIPROCAL PRIVATE
ACCESS,PARKING,DRAINAGE EASEMENT,
RECORDING REQUESTED BY: City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 1
PR 3.3.15 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)
T.I.L., LTD., a California Limited Partnership and T.I.O., LTD.,
a California Limited Partnership hereinafter referred to as Owners
create a covenant for easement for the purpose stated hereon:
over, across and upon the,real property described in Exhibit IfA"
for the benefit of the property referred to in Exhibit trB1l. 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 MS 777 issued by the City
of Carlsbad for development located on real property described in
Exhibits "A1 and "B".
The property burdened by this covenant for easement is
described as follows:
See Exhibit t1A11 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 llC'V is provided for clarity only.
This covenant for easement provides for sewer easement over,
across and upon the burdened property for the benefit of the
property benefitted and shall be enforceable by the City, by the
Owner of the property benefitted and by the successors in interest
to the property benefitted by this covenant.
AgreemenWAG-S.FRM
This covenant for easement shall run with the land, and the
burdens of the covenant of easement shall be binding upon and the
benefit of the covenant of easement shall inure to the benefit of
all in interest successors to the real property. .
Dated: &u&%y 17. 1996
T.I.L. LTD., a California Limited Partnership, Owner
By: D.H.W. Ltd., a CaliforniaGeneral Partnership, General Partner
>,T- 5
T.I.O., LTD., a California Limited Partnership, Owner
By: D.H.W. Ltd., a California General Partnership, General Partner
*---y y : \- 1 \ Rober2 Burke, General Partner
Harshbarger, '%en&al Partner
(NOTARIAL ACXNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE TEAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DocuMBNT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY TEE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECCMEENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT
FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Agreements/AG-5.FRM
.“1 t rm
UERSHIP ACKNOWLEDGMENT NO. 203
the undersigned Notary Public, personally appeared
I w q personally known to me b y proved to me on the basis of satisfactory evidence \,
to be the person(s) who executed the within instrument on behalf of the
partnership executed it.
6
i,- y hand and official seal. k ‘c
I \
E
NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l p.0. Box 4625 l Woodland Hills. CA 91264
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EXHIBIT A
COVENANT FOR SEWER EASEMENT, MS 777, P.R. 3.3.15 .
(PARCEL B)
All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows:
Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55'28'39" West (South 55"27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29'41t' West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING: thence North 34"29'41" West, 101.09 feet: thence North 79"29'41" West, 25.46 feet; thence North 34"29'41t1 West, 39.50 feet; thence North 79"29'41" West, 25.92 feet; thence South 55"30t19" West, 24.67 feet; thence North 34°2914111 West, 8.50 feet; thence South 55"30t19't West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County: thence northwesterly along said parallel line, North 34"32'22t1 West, 62.78 feet, to an intersection with the lands described in quit claim deed to Bette M. Carpenter, Recorded: October 22, 1957, in Book 6802, Page 596 of official records; thence northeasterly along said Carpenter's land, North 55"27'3811 East, 49.00 feet; thence continuing along said land, North 34"32'22" West, 50.00 feet, to the southeasterly most corner of land described in deed to Carlsbad Journal, recorded: December 10, 1962, as File No. 209546 of official records: thence continuing along the east line of said Carlsbad Journal's land, North 34"32'2211 West, 50.00 feet: North 55"27'38" East, 30.00 feet; North 34"32'22l' West, 49.96 feet to an intersection with the northerly line of said Tract 96; thence northeasterly along the northerly line of said tract, North 55"28'53'1 East, 307.23 feet; to the beginning of a tangent 25.00 foot radius curve, concave southeasterly; thence northeasterly and southeasterly along the arc of said curve, through a central angle of 90"03t03't, a distance of 39.29 feet: thence tangent to said curve, and parallel with the
..;:. ,,.. :
onald L. Hollowa
westerly side line of Washington Street as shown on said Record of Survey 9536, South 34"28t04tt East, 348.25 feet, to the beginning of a tangent 25.00 foot radius curve, concave southwesterly; thence southeasterly and southwesterly along the arc of said curve, through a central angle of 89"56'43", a distance of 39.25 feet: thence tangent to said curve, along a line that lies 2.00 feet northwesterly and parallel with the southerly line of the above described Tract 96; thence southwesterly along said parallel line, South 55"28*391r West, 209.70 feet to the TRUE POINT OF BEGINNING.
@wB~~ “A ” S@q% v2-
EXHIBIT B
COVENANT FOR SEWER EASEMENT, MS 777; P.R. 3.3.15
(PARCEL A)
All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows:
Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55"28'39" West (South 55"27' West, Map No. 1661) 242.68 feet: thence leaving said boundary, North 34"29'41" West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING; thence North 34'29'41" West, 101.09 feet; thence North 79"29'41" West, 25.46 feet; thence North 34°29'41'1 West, 39.50 feet: thence North 79"29'41" West, 25.92 feet: thence South 55"30'19'1 West, 24.67 feet: thence North 34"29'41" West, 8.50 feet: thence South 55'30'19" West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County; thence southeasterly along said parallel line, South 34"32'22" East, 160.51 feet, to the beginning of a tangent 25.00 foot radius curve, concave northeasterly, thence southeasterly along the arc of said curve, through a central angle of 89"58'59", a distance of 39.26 feet: thence tangent to said curve, along a line that lies 2.00 feet northerly and parallel with the southerly line of the above described Tract 96, thence northeasterly along said parallel line, North 55"28'39" East, 151.08 feet, to the TRUE POINT OF BEGINNING.
PLAT TO ILLUSTRATE PARCELS A 0; TRACT @Id, MAP Nob
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PROJECT NAME: COVENANT FOR SEWER E%EMENT PROJECT EXHIBIT VILLAGE FAIRE NO ” c ”
MS777 Pi. 3.3.15 5HT. I OF 2
EXHIBIT C
P/AT TO IUUSTRATE THEIO'WIDE COVENANT FOR PRIVATE SEWER EASEMENT
IN THE CITY OF CARL-SW0 , CO'JNN OF SAN0lEGO , STATE OF CALIFORNIA i
sir I I WASHINGTON STREET
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PROJECT NAME: COVENANT FOR SEWER EASEMENT
VILLAGE FAIRE
MS 177
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
.
This is to certify that the Covenant for Easement, dated
August 17, 1990 , from T. I.L., Ltd.
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. 90-332 , adopted on September 4, 1990 f
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED : September 6, 1990 . .
BY:
,
.
.
RECORDING REQUESTED BY: City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 1 1
PR 2.3.39 COVEWANT 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)
T.I.L., LTD., a California Limited Partnership and T.I.O., LTD.,
a California Limited Partnership hereinafter referred to as Owners
create a covenant for easement for the purpose stated hereon;
over, across and upon the real property described in Exhibit VtAtl
for the benefit of the property referred to in Exhibit IIBtl. 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 MS 777 issued by the City
of Carlsbad for development located on real property described in
Exhibits 'lA1' 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 llBll attached hereto and made a part hereof. Exhibit IICI1 is provided for clarity only.
This covenant for easement provides for reciprocal private
access, parking and drainage over, across and upon the burdened
property for the benefit of the property benefitted and shall be
enforceable by the City, by the Owner of the property benefitted
and by the successors in interest to the property benefitted by
Agrements/AG-5.FRW
this covenant.
This covenant for easement shall run with the land, and the
burdens of the covenant of easement shall be binding upon and the
1 benefit of the covenant of easement shall inure to the benefit of
all successors in interest to the real property.
Dated: h&&&437 !?. 1990 I I /
T.I.L. LTD., a California Limited Partnership, Owner
By: D.H.W. Ltd., a California General Partnership, General Partner
.- .\ , \ . '\ 5------ Robert Burke, General Partner
. aardhbarger, gene&l Partner
T.I.O., LTD., a California Limited Partnership, Owner
By: D.H.W. Ltd., a California General Partnership, General Partner
“; \ -
--Durke, Genera
David L. Hdrshbarger, G&&al Partner
(NOTARIAL ACXNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY RUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A REBOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY
OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING 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.
II Agreements/A&S.FRW
I
. . . . -
. . . . .
iRSHlP ACKNOWLEDGMENT NO. 203
193, before me, /‘$$$f ,‘&d--
-/? . Gi’<,ql .?.&f Y c L / I
the undersigned Notary Public, personaMy appeared
Cl personally known to me
AIMEE L ZIEGLER NOTARY PUBCIC - CAL!FQRN!A
& proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WINE& my hand and official seal.
0122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4825 l Woodland Hills, CA 91:
‘I .
.
i.* ’ ‘.
EXHIBIT A
COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT
(PARCEL B) MS 777; P.R. 2.3.39
All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows:
Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55'28'39" West (South 55"27' West, Map No. 1661) 242.68 feet: thence leaving said boundary, North 34"29'411' West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING: thence North 34"29'41" West, 101.09 feet: thence North 79"29t41" West, 25.46 feet; thence North 34"29'41t1 West, 39.50 feet: thence North 79"29141'1 West, 25.92 feet: thence South 55"301191@ West, 24.67 feet: thence North 34"29l41" West, 8.50 feet: thence South 55"30'191f West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County; thence northwesterly along said parallel line, North 34"32'22" West, 62.78 feet, to an intersection with the lands described in quit claim deed to Bette M. Carpenter, Recorded: October 22, 1957, in Book 6802, Page 596 of official records; thence northeasterly along said Carpenter's land, North
55°27’3811 East, 49.00 feet: thence continuing along said land, North 34"32'22" West, 50.00 feet, to the southeasterly most corner of land described in deed to Carlsbad Journal, recorded: December 10, 1962, as File No. 209546 of official records; thence continuing along the east line of said Carlsbad Journal's land, North
34°32u22mt West, 50.00 feet; North 55"27'38" East, 30.00 feet: North
34°32v22vv West, 49.96 feet to an intersection with the northerly line of said Tract 96, thence northeasterly along the northerly line of said tract, North 55"28'53" East, 307.23 feet; to the beginning of a tangent 25.00 foot radius curve, concave southeasterly; thence northeasterly and southeasterly along the arc of said curve, through a central angle of 90"03'0311, a distance of
-
39.29 feet; thence tangent to said curve, and parallel with the westerly side line of Washington Street as shown on said Record of Survey 9536, South 34"28'04VV East, 348.25 feet, to the beginning of a tangent 25.00 foot radius curve, concave southwesterly: thence southeasterly and southwesterly along the arc of said curve, through a central angle of 89"56'43", a distance of 39.25 feet; thence tangent to said curve, along a line that lies 2.00 feet northwesterly and parallel with the southerly line of the above described Tract 96; thence southwesterly along said parallel line, South 55°2813911 West, 209.70 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT B
COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT
(PARCEL A)
MS 777; P.R. 2.3.39
All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows:
Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55'28'39" West (South 55"27' West, Map No. 1661) 242.68 feet: thence leaving said boundary, North 34"29'41" West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING: thence North 34'29'41" West, 101.09 feet: thence North 79"29'41" West, 25.46 feet; thence North 34'29'41" West, 39.50 feet: thence North 79"29'41" West, 25.92 feet; thence South 55"30'19*' West, 24.67 feet; thence North 34"29'41" West, 8.50 feet: thence South 55"30'19" West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 -in the office of the County Recorder of San Diego County: thence southeasterly along said parallel line, South 34'32'22" East, 160.51 feet, to the beginning of a tangent 25.00 foot radius curve, concave northeasterly, thence southeasterly along the arc of said curve, through a central angle of 89"58'59", a distance of 39.26 feet: thence tangent to said curve, along a line that lies 2.00 feet northerly and parallel with the southerly line of the above described Tract 96, thence northeasterly along said parallel line, North 55"28'39" East, 151.08 feet, to the TRUE POINT OF BEGINNING.
PAWEL B
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PROJECT NAME: COVENANT f=oR f?Hm?cm~ ~'!?IVATE ACCE%~PARKIN6AfUDDRAI~~EAlT
MS 777
PROJECT EXHIBIT No PiZ.3.3‘I
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EXHIMT C OlATTO lllUSTRATEiCOVENANT FOR RECIPROCAL-PRIVATE PARKINGJWSS AND DRAINAGE EASEMENT IN t-j-lE CITY OF CARtSMU, COUNTY OF SC\N PIEGO, STAtE Of C&IfORN\A
WASHINGTDN STREET
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PROJECT NAME: COVENANT FOR RECIPROCAL PRIVATE' PROJECT E[H\ijli ACCE55 PARKlfG UIRAINAGE EASEMENT No. “C”
MS 777 P.R. 2.3.39 Sm. 2 OF 2
.
. CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
August 17, 1990 , from T.I.L., Ltd.
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. 90-332 , adopted on September 4, 1990 ,
and the grantee consents to the recordation thereof by Its duly
authorized officer.
. . DATED: September 6, 1990
BY: / /R-&A ALETHA L. ~RAUTEiKMNZ, City Clerti
RECORDING REQUESTED BY: City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad i
1200 Elm Avenue Carlsbad, California 92008 i
PR 2.3.40 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)
T.I.L., LTD., a California Limited Partnership and T.I.O., LTD.,
a California Limited Partnership hereinafter referred to as Owners
create a covenant for easement for the purpose stated hereon;
over, across and upon the real property described in Exhibit "AtI
for the benefit of the property referred to in Exhibit IrB1'. 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 MS 777 issued by the City
of Carlsbad for development located on real property described in
Exhibits l@AII and 'IB".
The property burdened by this covenant for easement is
described as follows:
See Exhibit lVA1l attached hereto and made a part hereof. Exhibit IIC1@ is provided for clarity only.
The property benefitted by this covenant for easement is
described as follows:
See Exhibit nB1t attached hereto and made a part hereof. Exhibit VrC1' is provided for clarity only.
This covenant for easement provides for reciprocal private
access, parking and drainage over, across and upon the burdened
property for the benefit of the property benefitted and shall be
enforceable by the City, by the Owner of the property benefitted
Agr-ts/AG-5.FRll
II
.
and by the 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 of easement shall be binding upon and the
benefit of the covenant of easement shall inure to the benefit of
all successors in interest to the real property.
Dated: A@J&?~ 17, /s?
T.I.L. LTD., a California Limited Partnership, Owner
By: D.H.W. Ltd., a California General Partnership, General Partner
‘-3 ! .\ --
Ro)&r't Burke, Gsneral Pqrtner
D‘hifid L:
T.I.O., LTD., a California Limited Partnership, Owner
By: D.H.W. Ltd., a California General Partnership, General Partner
L \. ! c T&----v--
Rober_t, Burke, General Partner
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Dam 1;'; H&rsh
(NOTARIAL ACKNOWLEDGEMENT 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 TRUE 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 SIGNING 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:
II Agreements/AG-5.FRll
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ZKNOWLEDGMENT NO. 203
On this the /7 day of 19 AL d -‘before me,
SS.
// 1, - the undersigned Notary Publitipersonally appeared
. e.. h A.
OFFICIAL SEAL AIMEE L ZIEGLER
ARY PUBLIC - CALIFORNIA
SAN PIEGO COUNTY I comm. expires NOY 30, 1992
Cl personally known to me
Q proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
<iz+?a+
NATIONAL NOTARY ASSOCIATION l 23012 Venlura Blvd. l P.O. Sax 4625 l Woodland Hills, CA 9l:
EXHIBIT A
COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING. AND DRAINAGE EASEMENT
(PARCEL A)
MS 777; P.R. 2.3.40
All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows:
Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55"28'39" West (South 55"27' West, Map No. 1661) 242.68 feet: thence leaving said boundary, North 34"29'41" West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING; thence North 34"29'41" West, 101.09 feet: thence North 79"29'41" West, 25.46 feet: thence North 34'29'41" West, 39.50 feet: thence North 79"29'41" West, 25.92 feet: thence South 55"30'19" West, 24.67 feet: thence North 34"29'41" West, 8.50 feet: thence South 55"30'19" West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County: thence southeasterly along said parallel line, South 34"32'22" East, 160.51 feet, to the beginning of a tangent 25.00 foot radius curve, concave northeasterly, thence southeasterly along the arc of said curve, through a central angle of 89"58'59", a distance of 39.26 feet: thence tangent to said curve, along a line that lies 2.00 feet northerly and parallel with the southerly line of the above described Tract 96, thence northeasterly along said parallel line, North 55"28'39" East, 151.08 feet, to the TRUE POINT OF BEGINNING.
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EXHIBIT B
COVENANT FOR RECIPROCAL PRIVATE ACCESS, PARKING AND DRAINAGE EASEMENT
(PARCEL B) MS 777; P. R. 2.3.40
All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows:
Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55"28'39" West (South 55"27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29t41tt West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING: thence North 34"29141t@ West, 101.09 feet; thence North 79"29141t' West, 25.46 feet: thence North 34"29141tt West, 39.50 feet; thence North 79"291411t West, 25.92 feet: thence South 55"30119tt West, 24.67 feet: thence North 34"29'41tt West, 8.50 feet: thence South 55"30t1911 West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County; thence northwesterly along said parallel line, North 34"32t22tt West, 62.78 feet, to an intersection with the lands described in quit claim deed to Bette M. Carpenter, Recorded: October 22, 1957, in Book 6802, Page 596 of official records; thence northeasterly along said Carpenter's land, North 55"271381t East, 49.00 feet: thence continuing along said land, North 34"32'221t West, 50.00 feet, to the southeasterly most corner of land described in deed to Carlsbad Journal, recorded: December 10, 1962, as File No. 209546 of official records; thence continuing along the east line of said Carlsbad Journal's land, North 34"32'22tt West, 50.00 feet; North 55"27'38" East, 30.00 feet; North 34"32t22tt West, 49.96 feet to an intersection with the northerly line of said Tract 96, thence northeasterly along the northerly line of said tract, North 55"281531t East, 307.23 feet: to the beginning of a tangent 25.00 foot radius curve, concave southeasterly, thence northeasterly and southeasterly along the arc of said curve, through a central angle of 90"03t03tt, a distance of
39.29 feet; thence tangent to said curve, and parallel with the westerly side line of Washington Street as shown on said Record of Survey 9536, South 34"28'04" East, 348.25 feet, to the beginning of a tangent 25.00 foot radius curve, concave southwesterly, thence southeasterly and southwesterly along the arc of said curve, through a central angle of 89"56'43", a distance of 39.25 feet: thence tangent to said curve, along a line that lies 2.00 feet northwesterly and parallel with the southerly line of the above described Tract 96, thence southwesterly along said parallel line, South 55°28t39@1 West, 209.70 feet to the TRUE POINT OF BEGINNING.
qqw3fT ” A”
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,
. EXHIBIT C FLAT TO ILLUSTRATE PARCELS A &0; IRACI 9d MAP l&l
IN THE CITY OF CARB3AD,CWNl'fOP SAN DIE%O,3TAlE O~CAL,FORI;IA
CARL4bAD BOULEVARD .I,*.. - -t-
a N?C?f’l’41”bJ lW9’ @ N34’32’2Z’W lio.cO’
0 2 N19’29’dl”W ZS.ti @ N34?‘%‘22”W 6'0.6
0 3 NMV$N’ id XMO’ @ hW’21’58”E ?xd
onold L. Hollosa
0 4 ),)10)'24)'&("~ 24.92' @ 4j3f22"6 \@.qi'
0 5 449yo'y)"~ U.O?' @ Lbw%'m' lwmoj'L*~.~~'
0 6 N?d?J’&” N 8%) @ r\l tit'- ZB'W'E 151.08
0 4Wti?'l~'!d llS.22' @ N3&032'22'w 43.9b'
0 fj N &$7J2’22”N 1/z.& 8 &90”0603* j=i%w’ L’?d.fl’
0 9 NWZ’l’?&E iW.CO’ @Ad%?*%& Wid L*?Q.z”’
PROJECT NAME: COVENANT FOR RECIPROCAL QRfVKl-E PROJECT EXHIBIT ACCE568 fWWVG t DRAINAGE @5EMENT No. ” c ” M5 777 P.R.2.390 SHT. 1 OF2
EXHMT C “LATTO ILLUSTRATE COVENANT FOR RECIPROCAL PR\VATE PARKiNG, ACCESS ANtI DRAINAGE EASEMENT IN THE CITYOF CARLSBQD,Cou~OFSANDlEGO,ST~E OF WlFORN\A
W,SHINGTON 5lREET
N 4&‘ZB’tXt’~
I
COVENANT FOR REWJ7KAL PRIVATE PRRKINGIACCE% AN0 DWNAGE WEMENT
-t
0 b Id lV2b'W'E WI1 0 I7 iYcloow'w* l2: 2.w' Lm4' IaNALP L.HOLLowi,la 24a
0 9 luie%'?-?)"E Ic9.W' @ NgP W'lw3 w:w' M'fWlrsITlZ4lIObl EXrW%: 3,319
PROJECT NAME: COVEI\(AlW- FOR RECtPROCAL PRIVATE PROJECT EXH\fjIT ACCE55 PARKING tDfWUAGE EASEMENT No. “C”
MS 777 P.R. 2.3.40 SK 2 OF 2
c
. CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
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This is to certify that the Covenant for Easement, dated
August 17, 1950 , from T.I.L., Ltd.
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. 90-3.32 , adopted on September 4, 1990 ,
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: September 5, 1990
BY: ALETHA L. UUTENKMNZ, City Cletk
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RESOLUTION NO. 9 0 - 3 3 7
A RESOLUTION OF THE CR-Y COUNCIL OF THE CITY OF
CARLSBAD, STATE OF CALIFORNIA,ACCEPTlNG COVENANTS
OF EASEMENT FOR SEWER, RECIPROCAL ACCESS, PARKING
AND DRAINAGE PURPOSES FROM T.I.L, LTD, AND T.I.0, LTD,
VILLAGE FAIRE, MS 777, PR 3.3.15. PR 2.3.39 AND PR 2.3.40
WHEREAS, T.I.L., Ltd. and T.I.O., Ltd., California Limited Partnerships and owners of the
land proposed to be subdivided, have created three Covenants of Easement for sewer,
reciprocal access, parking and drainage purposes over, across, and upon the following:
A portion of Tract 96 of Carlsbad Lands, City of Carlsbad, State of California,
according to Map thereof No. 1661 as described in Deed recorded April 25,
1984 as File No. 84-150186 of Official Records, 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 be in the public
interest to accept said Covenants of Easement;
NOW, THEREFORE, BE lT 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 Easement from T.I.L, Ltd., and T.I.O., Ltd., conveying
easements for sewer, reciprocal access, parking and drainage purposes over, across and
upon the following:
A portion of Tract 96 of Carlsbad Lands, City of Carlsbad, State of California,
according to Map thereof No. 1661 as described in Deed recorded April 25,
1984 as File No. 84-150186 of Official Records,
and which are on file with the City Clerk and are incorporated herein by reference, are
accepted.
ill
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3. That the City Clerk is authorized to cause the Covenants of Easement 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 Carlsbad City Council
held on the 4th day of Sept- , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Larson, Mamaux and Pettine
NOES: None
ABSENT:
ATTEST:
ALETHA L. RAUTE
(SEW
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