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Home My WebLink About1991-01-08; City Council; 10969; Covenant For Easement Floral Trade CenterCITY OF CARLSBAD - AGEND TITLE.ACCEPTANCE OF A COVENANT FOR FOR DRAINAGE PURPOSES OVER AN PARCEL 1 OF PARCEL MAP NO 16274 FLORAL TRADE CENTER - MS 800 RECOMMENDED ACTION: 4’ f3 Adopt Resolution No. accepting a Covenant for Easement for drainage purposes. ITEM EXPLANATION: As a condition of approval of Minor Subdivision 800 the owner Carlmart, L.P, is required to enter into a covenant of easement for the purpose of drainage. The site is located at the west side of Avenida Encinas north of Palomar Airport Road on APN 21 o-090-47. The Covenant for Easement is being created in accordance with the provisions of Chapter 20.04.140 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. Location Map. 2. 3. Covenant for Easement .from Carlmart L.P. dated October 15, 1990. Resolution No ‘ I-3 1 -- accepting a Covenant for Easement for drainage purposes. LOCATION cm OF OCEANSIM PROJECT NAME PROJECT EXHIBIT FLORAL TRADE CENTER NUMBER MS 800 1 - RECORDING REQUESTED BY: 1 City of Carlsbad ; WHEN RECORDED MAIL TO: i City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 i - 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) Carlmart L.P. 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 wA11 for the benefit of the property referred to in Exhibit ltBrr. 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 Subdvision Number 800 issued by the City of Carlsbad for development located on real property described in Exhibits VVA1f and llBrr. The property burdened by this covenant for easement is described as follows: See Exhibit 'fiA*V attached hereto and made a part hereof. Exhibit IrC" is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit llBll attached hereto and made a part hereof. Exhibit VVCV' is provided for clarity only. Agreements/AC-5.FRM . This covenant for easement provides for drainge 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 shall be binding upon and the benefit of the easement shall inure to the benefit of all successors to the real property. r\-.CAA. October 15, 1990 I STATE OF CALIFORNIA I COUNTY OF San Diego ;ss. z I II ? on-_ October 15, 1990-~ ..__. ~~_. , before me, the undersigned, a Notary Public in and for said State, personally appeared- Lizbeth A. Ecke Christopher. C t..Calkins..~... ~~~~~- and ddtJ,dd&khdid _ , personally known to me (qf,&~#~~~~~~~t$$s ) to be the persons who executed the wrthin instrument as-. Vice Presidentandfissistant. Secretary, onbehalfof-m ~~_ -. ~~~~~ _._....... - Carltas Development--Company the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of _ _ ~~ Carlmart, L.P. -. the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. (This area for official notarial seal) 3T BE ATTACHED.) BE SECRETARY OR 3UTIONS OF THIS 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: VINCENT F. BIO I\greements/AG-5.FRM - EXHIBIT "A" - A PRIVATE DRAINAGE EASEMENT OVER, ACROSS AND UPON ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER.26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO. 16274, NORTH 22"30'29" WEST 440.82 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 16274; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 63"49'25" EAST 37.58 FEET TO THE TRUE POINT OF.BEGINNING; THENCE NORTH 22"30'29" WEST 790.30 FEET; THENCE NORTH 67”29’31” EAST 20.00 FEET; THENCE SOUTH 22'30'29" EAST 789.01 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF PARCEL 1 SOUTH 63'49'25" WEST 20.04 FEET TO THE TRUE POINT OF BEGINNING. AREA OF PRIVATE DRAINAGE EASEMENT, PARCEL A: 15793.10 SQ. FT. EXHIBIT "B" PARCEL 2 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO. 16274, NORTH 22'30'29" WEST 440.82 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE EASTERLY ,ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 63'49'25" EAST 557.00 FEET; THENCE SOUTH 26"10'35" EAST 5.00 FEET; THENCE NORTH 63'49'25" EAST 163.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS 200.22 FEET THROUGH A CURVE CONCAVE TO THE NORTH- WEST HAVING A RADIAL BEARING OF SOUTH 69'02'38" EAST AND HAVING A CENTRAL ANGLE'OF 43”17’22” AND A RADIUS OF 265.00 FEET HAVING A RADIAL BEARING OF SOUTH 67'40'00" EAST; THENCE SOUTH 22'20'00" WEST 143.22 FEET; THENCE 197.38 FEET THROUGH A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIAL BEARING OF SOUTH 67'40'00" EAST HAVING A CENTRAL ANGLE OF 33'45'32" AND A RADIUS OF 335.00 FEET HAVING A RADIAL BEARING OF SOUTH 78'34'28" WEST TO THE SOUTHEAST CORNER OF SAID PARCEL 2, THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY SOUTH 63'49'25" WEST 451.15 FEET TO THE TRUE POINT OF BEGINNING. . * . . * I. 1 * J?M, 130051 VICIN IN M&’ ___ N 63%0’00”E (R) A/22 83eYi+4 iu.02’ WlNT Of e~fZlNNlN6 ER’j: CARLMARJ- L.I?, A CALIFORNIA LIMKED WulNERsuIf CARLTX~~ DEVELOPMEtd\IT COMPAN’f GENERAL PA&W3 REGK~wAT~oN E)LPtRE5 : T-30-94 EXEGUTIVE VICE PPt33IDENT MELCUIOR LAND SURVEYING INC. 5791 PALMER WAY 5~l-l-E G WRLSBAD, CA. 92000 (619)430-1726 COVENANT- OF EASEMENT- JN. 974-69 3 -31-90 E)(h//R/ 7 ‘C 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. ACCEPTING A COVENANT FOR EASEMENT. WHEREAS, Carlmart L.P. has submitted a covenant for easement to Parcel 1 of Parcel Map No. 16274 for drainage purposes over across and upon a portion of Parcel 2, Parcel Map No. 16274, benefitting Parcel 1 of Parcel Map No. 16274, 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 Covenant of Easement from Carlmart L.P., dated October 15, 1990, conveying an easement for drainage purposes over a portion of Parcel 2 of Parcel Map No. 16274 to Parcel 1 of Parcel Map No. 16247 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 Easement to be Ill /II ill IfI //I Ill /If Ill -l- ; . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recorded in the Office of the County Recorder of San Diego County, State of California, with appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of January, 1994 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Stanton and Nygaard NOES: None ABSENT: No ABSTAIN: C ATTEST: X&HA L. au& (SEAL) KAREN R. %i!!TZ, NZ, City Clerk Assistant City Clerk -2-