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HomeMy WebLinkAboutSDP 86-02E; Aviara Residence Club Owners Association; 2018-0039018; Permanent Stormwater AgreementRECORDING REQUESTED BY: DOC# 2018-0039018 \ \11\\I \\I\\ 11\1\ \\II\ \I\\ \\II\\ II\\\ 11\11 \\\\I \I\\\ 11\1\ \\II\ \I\\ Ill\ City of Carlsbad Development Services Department Jan 31, 2018 09:53 AM OFFICIAL RECORDS WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Ernest J. Dronenburg, Jr., DIEGO COUN1Y RECORDER FEs:; $272.00 (S82 Atkins $225 00) PAGES 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID. 215-941-04-00, 215-941-05-00 215-941-06-00, 215-941-07-00 215-941-10-00, 215-941-11-00 215-941-12-00 SOP 86-02E PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: J'a nu a'"' } q, 2 O \ C( Aviara Residence Club Owners Association, a California Mutual OWNER NAME: Benefit Corporation PROJECT NAME: Four Seasons Residence Club RESOLUTION NUMBER: PC Res. No. 7227, Approval Date: 02/15/17 CONDITION NUMBER: 25 ------------------------- DRAWING NUMBER: DWG 504-7A --==-------------------------- STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: _S_W_M_P_n/_a ____ _ This Agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, its successors and assigns, hereinafter referred to as "Owner". The term "successors and assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351 (a) and commonly referred to as a property owners association. RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now R1ck\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water regulations" and incorporated herein by this reference; and WHEREAS, the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quality are mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors and assigns agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed; inspected, and operated and maintained in perpetuity on the Property; and WHEREAS, the storm water regulations require that permanent BMP(s) be established, constructed and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to storm water quality due to the development of the Property, hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this reference; and, WHEREAS, storm water regulations require that the City ensure the continued existence and inspection, operation and maintenance of the permanent BMP(s); and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of on- \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now R1ck\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 2 site permanent BMP(s) by the Owner, its successors and assigns, including any property owners association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual co'&enants contained herein, and the following terms and conditions, Owner and City agree as follows: 1. Owner shall comply with all the requirements of said storm water regulations and any applicable amendments thereto, and with any other provisions of law. 2. The perman~nt BMP(s) shall be established and constructed by Owner, its successors and assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and modification to the approved permanent BMP(s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey storm water to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the storm water runoff and any associated practices and programs. Adequate maintenance is herein defined as good working ·condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as prescribed in the Storm Water BMP Plan or as may be prescribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. I\FILES01V\Departments\CED\LandDevlPROJECTS\SDPISDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now R1ck\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 3 5. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 6. Owner, its successors and assigns, hereby grant permission to the City, its authorized T agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of c,'< the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors and assigns, will perform the work necessary to keep the ti permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Res,dence Club -Bobbett, R,ddle and now R1ck\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 4 within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs. The actions described in this section are in addition to and not in lieu of any and all legal remedies available Jo the City as a result of Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by City. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as follows: Notices to the Owner shall be delivered to the following: Name Address Address Telephone No.: Aviara Residence Club Owners Assn. 7210 Blue Heron Place Carlsbad, CA 92011 (760) 603-3700 Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone.,No.: (760) 602-2730 Facsimile No.: (760) 602-8562 Each party shall notify the other immediately of any changes of ownership or address that would require any notice delivered hereunder to be directed to another Owner and/or IIFILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett, Riddle and now RIck\B&AIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 5 to another address. In the event Owner fails to notify City of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been subsequently provided to the City pursuant to this provision, shall jointly be responsible for the ,p operation and maintenance of any permanent post-construction BMP's on the Property and for any required annual verification statements until such time as the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. 13. The City or any officer or employee thereof shall not be liable for any injury to persons ··,· or property occasioned by reason of the acts or omission of Owner, its agents or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. Ill Ill Ill Ill Ill Ill \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club -Bobbett. Riddle and now R1ck\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 6 IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. OWNER(S): Aviara Residence Club Owners Association, a California Mutual Benefit Corporation By: .Det'Yle-tr Io otrf,tr,-1 IQ::.. Denii Oft.e.g.a, RVP General Manager (print name here) (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California N S. GELDERT, P.E. c· y Engineer (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA BREWER City Attorney By j(;LL~ RON KEMP Assistant City Attorney \IFILES01V\Depar1mentslCED\LandDevlPROJECTSISDP\SDP 78 thru 88\SDP 86\SDP 86-02E Four Seasons Residence Club Bobbett, Riddle and now R1ck\B&A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 7 •· EXHIBIT A 'LEGAL DESCRIPTION Real Property in the City of Carlsbad, County of San Diego. State ofCaJifomi~ and is described as follows: PARCEL 1: LOTS 44 THROUGH 48, 51 AND 56 OF CITY OF CARLSBAD TRACT NO. 95..02, UNJT 3 PLANNING AREAS PORTION OF 2B AND 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA. ACCORDINO TO MAP THEREOF NO. 13979~ FILED IN, THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUNE 9, 2000 AS FILE NO, 2000~0306276 OF OFFICIAL RECORDS. EXCEPTING THEREFROM. ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL OAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAMB KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, TIIAT MAY BE WITHIN OR UNDER THB PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF. DRILLINO, MINING, EXPLORJNG AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM 'fHE PROPERTY OR ANY OTHER LAND, lNCLUDINO THE RIGHT TO WHlPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND OAS WELLS, TUNNELS AND SHAFTS INTO. THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY. AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLBD WBLLS, 'TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THB EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND_ OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERA TE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED IN THE DEED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, RECORDED JULY 13, 20011 AS INSTRUMENT NO. 2001-0484003, OFFICIAL RECORDS. PARCEL 2: A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIOHT OF WAY ON, OVER, ACROSS AND ALONG THAT PORTION OF LOTS OF CITY OF CARLSBAD TRACT 85- 35, PHASE 1 UNIT A. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDlN,G TO M,AP THEREOF NO. 124091 FILED IN THB OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, FILE NO. 89- 345850 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ !349113262 BEOINNINO AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTH LINE OF SAID LOT 5, NORTii 88°01 11611 EAST, 54,66 FEET TO A POINT ON THE EASTERLY LINE OF FINCH LANE AS SHOWN ON SAID MAP NO. 12409, SAJD POINT BEING ON THE ARC OF A 302.00 FOOT RADIUS CURVE, CONCA VB TO THE NORTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 58°46'47" EAST; THENCE SOUTHW~TERL Y ALONG SAID EASTERLY LINE AND THE ARC OF -SAID CURVE THROUGH A CENTRAL ANOLE OF 06°39143" A DISTANCE OF 35.12 FEET; THENCE SOUTH 37°52'57'' WEST, 107.86 FEET; TO THE BEGINNING OF A TANGENT 478.00 FOOT RADIUS CURVB, CONCAVE TO THE BAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°201S6" A DISTANCE OF 353.30 FEET; THENCE SOUTH 04°28100" EAST. 78.63 FEET, TO THE BE.GINNING OF A TANOENT 17$.00 FOOT RADIUS CURVE CONCA VE TO THE EASTi THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°2514611 A DISTANCE OF 54.lS PEET TO TI-IE BEGINNING OF A NON- TANGENT 43.00 FOOT RADIUS CURVE, CONCA VB TO J:l{B SOUTHWEST1 A RADIAL LINE TO SAID POINT BEARS NORTII 05°17'32" EAST THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61°48'2411 A DISTANCE OF 46.39 FEE'!'; THENCE soun122°54103" EAST 61.53 FEET TO A POl'NT ON THE NORTHERLY RIGHT OF WAY OF KINGFISHER PLACE AS SHOWN AND DEDICATED ON SAID MAP NO. 12409 SAID POlNT BEING ON THE ARC OF 50.00 FOOT RADIUS CURVE, CONCA VE TO THE SOUIBEASTt A RADIAL LINE TO SAID POINT BEARS NORTH 11°01'59" WEST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°2810011 A DISTANCE OF 61.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 5 AND A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 81°2915811 EAST; THENCE NORTI:lWBSTERLY ALONG THE WESTERLY LINE OF SAID LOTS AND THE ARC OF·SAIO CURVE THROUGH A CENTRAL ANGLE OF 64°27'3711 A DISTANCE OF 22.50 FEET; THENCE NORTH 55°5613511 WEST, 47.28 FEET TO THE BEOlNNINO OF TANGENT 43.00 FOOT RADIUS CURVE, CONCAVE TO mB NORTHEAST; THENCE NORTHWESTE.RL Y ALONG THE ARC PF SAID CURVE THROUOH A CENTRAL ANOLE OF 51°28'35" A DISTANCE OF 38.63 FEET; THENCE NORTI-1 04°28100" WEST,-24.67 FEET; THENCE. NORTH 05°59110" WEST, 71,05 FEBT; THENCE NORTH 04°2810011 WESTt 78.63 FEET TO THE BEGINNING OF A TANGENT 522.00 FOOT. RADIUS CURVE, CONCA VE. TO THE EAST; THENCE NORTHERLY ALONO THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°20'56" A DISTANCE OF JSS.82 FEE.I; THENCE NORTH 37°52156" EAST, 107.86 FEET TO THE POINT OF BEGINNINO. PARCEL 3: AN EASEMENT FOR INGRESS, EGRESS, ROAD AND OENERAL UTILITY PURPOSES, OVER UNDER, ALONG AND ACROSS IBAT PORTION OF KINGFISHER PLACE AS SHOWN ON CITY OF CARLSBAD TRACT NO. 85~35 AVIARA PHASE 1 UNlT 1A11 1N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF TI-IE COUNTY 1349113262 RECORDER OF SAN DIEGO COUNTY, JUNE 29t 1989 AND THAT-PORTION OF PARCEL 2 OF PARCEL MAP NO. 16451, IN THB CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OP CALIFORNIA* FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OJEOO COUNTY, APRIL 151 1991 AS FILE NO. 9J .. J68677 OP OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNlNO AT THE MOST SOUTHWEST CORNER OP LOT 4 OF SAlD MAP NO. 12409, SAID CORNER BEARS SOUTH 76°16'04" WEST (SOUTH 76°15'4811 WEST RECORD PER SAID MAP NO. 12409} FROM AN ANGLE POINT IN THE SOUTHERLY LINE THEREOF; THENCE. SOUTH 04a32'16" WEST, 119.04 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OP 20.00 FEETi THENCE SOUTHEASTERLY 30.32 FEET ALONG SAID CURVE 11-IROUGH A CENTRAL ANOLE OF 86.0 S210011 TO A POINT ON THE NORTH RlOHT OF WAY UNE OF BATIQUITOS ORNE (68' WIDE) AS SHOWN ON SAID MAP NO. 12409; THENCE NON-TANGENT TO SAID CURVB AND ALONG SAID NORTH RIOHT OF WAY LINE, NORTH 82°19'44" WEST, 73.99 FEET TO THE BEOINNINO OF A CURVE CONCA VE SOUmERLY HAVINO A RADIUS OF 634.00'FEBTi THENCE CONTINUING WESTERLY 25.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANOLE OF 02°17'24" TO A POINT OF CUSP BEING THE BEGINNING OF A CURVE CONCA VB NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 05°22'52n WEST; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE1 NORTHBASTERLY 31.71 FEET ALONG SAID CURVE THROUGH A CENT\lAI, ANGLE OF 90°5013611; THENCE NORTii 04°32'1611 EAST, 254.75 FEET; THENCE NORTH 04°52'.3911 WEST, 284.78 FEET; THENCE SOUTH 45°16'01 .. EAST, 1.28 FEET; THENCE SOUTH 04°27'44" EAST, 24.66 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HA VINO A RADIUS OF 43.00 FEET; THENCE SOUTHEASTERLY 38.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°28'3S11; THENCE SOUTH 55°56'1911 EAST, 35.S1 FE6T; THENCE soutH 04°49151" EASTt 304.50 FEET; THENCE SOUTH 04°32'1611 WEST, 47.80 FEET TO THE POINT OF BEGINNING. , PARCEL4: AN EASEMENT FOR ACCESS, INGRESS AND EGRESS OVER, UNDER, ALONG AND ACROSS ALL OF LOTS 52 AND S4 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3 PLANNING AREAS PORTION OF 2B AND to. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEOO, STATE OF CALJFORNJA, ACCORDING TO MAP THEREOF NO. 13979, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 9, :2000. i 1 S-941-04 (Affects Lot 46} 215-941-05 (Affects Lot 4 7) 21 S-941-06 (Affects Lot 48) 21S-941-07 (Affects Lot S 1) 21S-941-10 (Affects Lot 56) 215-941-11 (Affects Lot 44) 215-941-12 (Affects Lot 45) 134!111ll6Z 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. ~:~;;fo~~JAf_°'-C) __ ~ / ll ~I\ On ~var~ q \ JO'J<O before me, li'o\le M' tke}\e, LclU{-eA . 1~010. ( I r UDI lG, bate T\.. .. _ . Q Here~ Name and Title of the Officer personally appeared ~e:\'T-~_11)~~-~rt_e~-D.---....l/A~~~,.,.__ ___________ _ "°ClJame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/~ authorized capacity~. and that by his/~ir signaturet) on the instrument the person~ or the entity upon behalf of which the persoryti acted. executed the instrument. 1············1 ._ LcSUE MICHELLE LAURER :@, · . ~\ Notary Pubiic -Cali'ornia z ~ ~-..~:_,~ · Sdn D1t:go Cccntv le 2 -.... : Cornm;;sion z 2217637 _. · My Comm. Expires Nov 8. 2021 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. Signal ----------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General Cl Individual D Attorney in Fact D Trustee D Guardian or Conservator L--_l Other: Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General u Individual CJ Trustee CJ Other: D Attorney in Fact D Guardian or Conservator Signer Is Representing: ________ _ ((!2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 8 of 8 01125113 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. State of California County of 0kN Pl 'U!:Q On :)a't'\IAlf'f \C{, JP\'6 before me. ~t.H')(K... JQV\'7 ,Jv7A~'/ Pw.61~ Date Here Insert Name and Title of the Officer personally appeared ----~-=--~_6_o_1J_~~~~'9e"""--'-"-{"'""'der"""""'"-.f-________ _ Name(s) of Signer(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 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 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. Place Notary Seal Above ----------------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: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907