Loading...
HomeMy WebLinkAboutCUP 2017-0009; Stellar Properties LLC; 2021-0558102: Covenant' Recording requested by: Chicago Title Company Commercial Division RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# , 2021-0558102 111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111 Aug 05, 2021 11 :37 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $179.00 (S82 Atkins: $150.00) PAGES:6 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 211-030-27 and 28 Project ID: CUP2017-0009 Related Project ID: PR2019-0016 -----------Re I ate d Project ID: -------=--------------,-~- Project Name: ECO-FRIENDLY AUTO SPA 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) Stellar Properties, LLC, a California limited liability company, 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, number 43 of Planning Commission Resolution No. 7316, for a Co~ditional Use Permit 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. E h·b·t "C" · 'd d f I ·ty I This instrument filed for record by Chicago Trtle Company x 1 1 is prov, e or c an on Y · as an accommodation only. It has not been examined as to its execution or as to its effect upon the tttle The property benefited by this covenant for easement is described as follows: 1 Q:ICED\landDevlPROJECTSICUPICUP 17\CUP2017-0009 Toyota Ca~sbad -Eco-Friendly Auto Spa -Rlck\PC Eco Friendly Auto Spa\PR2019-00016, 17 AND 18\Covenant tor Easement PR2019-0016 vehicle access.doc REV01/25/13 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for vehicular access 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. OWNER: Stellar Properties, LLC, a California limited liability company 0, ~AA -~ ~--= ~n Here Judith A. Jones-Cone Print Name Here (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 INDIVIDUAL SIGNED 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: CELIA BREWER City Attorney By &tt tf( Assistant City Attorney City of Carlsbad 2 Q:\CED\LandDev\PROJECTS\CUPICUP 17\CUP2017-0009 Toyota Carlsbad -Eco-Friendly Auto Spa -Rick\PC Eco Friendly Auto Spa\PR2019-00016, 17 AND 18\Covenant for Easement PR2019-0016 vehicle access.doc REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. ~::~:o~"~J)~ i ) . On IR /i 5 /4. tJ 2-0 before me, ~ ~ :/-nJ ,1~~ f u_ j /, e,_,; • Date 6-t,,<... 1 J ,/ · Q_ . Het~e"~. Na~ ~fficer personally appeared ~ cu..:::r ,..._ ~" r ~ ~;e(s) of Signet(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized oapacity(les), and that by his/her/their signature(s) 011 the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. @. f..WfSTON · · Notaiy Public • Calilornia I · San Oiego County Commission# 2169746 ~ ' ,. , M Comm. Ex ires Oct 27. 2020 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signat~W1A:±YJ Signature of Notary Public -------------OPTIONAL------------- Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________ Document Date: -· ______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:-----~----- □ Corporate Officer -Tltle(s): _____ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ OthGr: -· ~-~~-~-~-~-- Signer Is fiepresentlng: ~· -~-~~~~ Signer's Name:-----~----~ □ Corporate Officer -Title(s): _____ _ □ Partner -□ Limited D General □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ OthGr: ~~----~-~-~~ Signer Is fiepresentlng: ~-~-~~-~ ~~'™™™~~~~"'@¢®~~™®'®®™ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 Q:ICED\Land□ev\PROJECTS\CUP\CUP 17\CUP2017-0009 Toyota Carlsbad-Eco-Friendly Auto Spa· Rick\PC Eco Friendly Auto Spa\PR2019-00016, 17 AND 18\Covenant for Easement PR2019-0016 vehicle access.doc REV 01/25/13 I. LEGAL DESCRIPTION: EXHIBIT "A" PR 2019-0016 "BURDENED PROPERTY" THAT PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 1310 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, FEBRUARY 16, 1973, AS FILE NO. 73-042619 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A BLANKET COVENANT OF EASEMENT FOR VEHICULAR ACCESS OVER ALL OF APN 211-030-28 FOR THE BENEFIT OF APN 211-030-27. PREPARED BY: GLENN M. RICK, LS 8874 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 LEGAL DESCRIPTION: EXHIBIT "B" PR 2019-0016 "BENEFITED PROPERTY" PARCEL 2 OF PARCEL MAP 1310 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE RECORDER FOR SAN DIEGO COUNTY, FEBRUARY 16, 1973 AS FILE NO. 73-042619 OF OFFICIAL RECORDS . PREPARED BY: GLENN M. RICK, LS 8874 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 0) r--. I.() /V) r--. :: C\I ro II _C\I o:: ro l() --~ fV) II L'1 <I r--. /V) C\I II _J r---N r--- ~ 0) N 0 t') z ...... EXHIBIT "C" PJ-\RCE'.L NO. -J -u55 AC. PJ\JJ -J-3-JO 2-J-J-030-28 ssg· 30' 41 "w 250.00' ...... O') ~-:..r -ro O') • N O'> t') ', N62" 31' 58"E --------RAD. L=144.27', R=2735. 79 ° 6=3°01 '17" PR 2019-0016 NOTE: DATA SHOWN HEREON IS RECORDED PER PM 1310 PJ-\FlCE'.L No. 2 9.155 AC. PJ'vJ -J3-JO 2-J-J-030-27 S61. 51' 30"W 739. 79' 240' _J