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HomeMy WebLinkAboutCUP 2017-0009; Stellar Properties LLC; 2021-0558103: CovenantRECORDING REQUESTED BY: Chicago Title Commercial AND WHEN RECORDED MAIL TO: City of Carlsbad City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2021-0558103 11111111111111111111111111111111 lllll lllll 1111111111111111111111111111 COVENANT FOR EASEMENT Aug 05, 2021 11 :37 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $107.00 (SB2 Atkins: $75.00) PAGES: 7 (Please fill in documenttitle(s) on this line) 1 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that Is subject to the imposition of documentary transfer tax, or, 2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on _______ {date*) as document number ___________ of Official Records, or, Partially* 3 llJ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on _________ (date*) as document number(s) ______________________ of Official Records, or, 5 D Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to an owner-occupier, or, document is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 6 D Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwell!!)g to the owner-occupier was recorded on _________ (date*) as document number(s) 7 D Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, municipality or other political subdivision of the state, or, 8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 D Exempt from fee under GC27388.1 for the following reasons: Rev 5/18 THIS PAGE ADDED TO PROVIDE SENATEBILL2EXEMPTION INFORMA110N (Additional recordingfeeappfies) *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 211-030~27 and 28 Project ID: CUP2017-0009 Related Project ID: PR2019-0017 ------------Related 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 Conditional 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. This instrument filed for record by Chicago Title Company Exhibit "C" is provided for clarity only. as an accommodation only. It has not been examined as to its execution or as to its effect upon the title The property benefited by this covenant for easement is described as follows: Q:\CED\LandDev\PROJECTSICUPICUP 17\CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa -Rick\PC Eco Friendly Auto Spa\PR2019-00016, 17 AND 18\Covenant for Easement PR2019-0017 Drainage.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 drainage 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. Dated: OWNER: Stellar Properties, LLC, a California limited liability company ~½v 0 -~~-~ S~ere 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: _1-+-=n _ DJ __ Ol--=--""""r-/p'----__ ~~KEMP ~ Assistant City Attorney City of Carlsbad 2 Q:ICED\LandDev\PROJECTSICUPICUP 17\CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - Rick\PC Eco Friendly Auto Spa\PR2019-00016, 17 AND 18\Covenant for Easement PR2019-0017 Drainage.doc REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMl:N"I' CIVIL COOE § 1189 A notary public or other officer completing this certificate verifies only tM Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the bash~ of satisfactory evidence to be the person(s) whose name(s) ls/fare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. '.-·• .. ' .. i' :·::'·.~.T., .. · . · Notiry Pub . a or J ••. San Diego Cou'rity Commission II 2169746 . Comm Ex ires Oct 27. 2 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. s~VJ-1)~ Signature of Notl!lry 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: ___ Slgner(s) Other Than Named Above: __________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): _____ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ____________ _ □ Other: ____________ _ Signer Is Representing: _______ _ Signer Is Representing: _______ _ &.;)@'@,_~@WMAAil~™®~~~'W@~~~~W&'®i,M ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3 Q:\CED\LandDev\PROJECTSICUP\CUP 171CUP2017-0009 Toyota Carlsbad -Eco-Friendly Auto Spa -Rick\PC Eco Friendly Auto Spa\PR2019-00016, 17 AND 18\Covenant for Easement PR2019-0017 Drainage.doc REV01/25/13 LEGAL DESCRIPTION: EXHIBIT "A" PR 2019-0017 "BURDENED PROPERTY" DRAINAGE EASEMENT THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP NO. 1310 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER FEBRUARY 16, 1973 AS FILE NO. 73-042619 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL NO. 1 OF SAID MAP; THENCE N59°30'41 ''E ALONG THE SOUTH LINE OF SAID PARCEL 1, DISTANT 43.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE 12.26 FEET; THENCE S04"50'14"W DISTANT 79.59 FEET; THENCE S28"52'17"E DISTANT 9. 79 FEET; THENCE S60"52'02"W DISTANT 12.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 2735. 79 FEET CONCAVE NORTHEASTERLY, AND A RADIAL BEARING N60°58'17'E LOCATED ON THE RIGHT-OF-WAY OF AVENIDA ENCINAS PER SAID PARCEL MAP; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 00°18'51" DISTANT 15.00 FEET; THENCE N60°52'52'E DISTANT 3.43 FEET; THENCE N04"50'14"E DISTANT 72.96 FEET TO THE TRUE POINT OF BEGINNING. PREPARED BY: GLENN M. RICK, LS 8874 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 LEGAL DESCRIPTION: EXHIBIT "B" PR 2019-0017 "BENEFITED PROPERTY" DRAINAGE EASEMENT PARCEL 1 OF PARCEL MAP 1310 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER, FEBRUARY 16, 1973 AS DOCUMENT NO. 73-042619 OF OFFICIAL RECORDS. PREPARED BY: GLENN M. RICK, LS 8874 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 I N22° 29' 34"W I rn ~I z, ;; z1 SJ POC 37.47' 0) ,....... I.() I") ,....... ~ C\/ co II _C\/ 0:: co U) .. ~ ,..,-, II ~ <J I") C\/ II _J EXHIBIT "C" PR 2019-0017 PARCEL NO. -J -L-J65 AC. PM -J3-JO 2-J-J~ 03 0~23 PARCEL No. 3 PM -J53BB 2-w~-wo~-w w O> O> N . 0 I") (/) N59° 30' 41"E 250.00' PARCEL NO. 2 9.7-55 Ac. PM -J3-JO 2-J-J~ 03 0~21 LEGEND POC =·POINT OF COMMENCEMENT N60° 58' 17"E TPOC = TRUE POINT OF BEGINNING - - --RAD.-- - - -,---------------4 EASEMENT TABLE Lf/Cf Bearing/Delta Length Radius C1 0·1 s•51" 15.00 2735.79 L1 N59° 30' 41 "E 12.26 L2 S04° 50' 14"W 79.59 L3 s2s· 52• 17"E 9.79 L4 S60° 52' 02"W 12.00 L5 N60° 52' 52"E 3.43 L6 N04° 50' 14"E 72.96