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Home My WebLink AboutCT 00-20; Fenton Carlsbad Research Center LLC; 2006-0067908; CovenantI On RECORDED AT THE REQUEST OF "CHICAGO TSTLE COMBWY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 16644 2006-0067908 JAN 30, 2006 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H. CO U N TY R E CO R D E R FEES: 29.00 PAGES: 8 SPACED ^as.-pp679o_8_ 212-020-23-00 CT 00-20 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Fox-Miller PR 04-105, Lots 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) Fenton Carlsbad Research Center, 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 for a Tentative Tract Map number CT 00-20 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. Exhibit "C" is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 16645 This covenant for easement provides for sewer and storm drain access, construction, maintenance, repair and replacement 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: Fenton Carlsbad Research Center, LLC, "Z^f, •z'&fc a California limited liability company By: H. G. Fenton Company, a California Corporation, its^anager ,4 ~ By: jfa //sign here) Allen IvT Jones, Vice President (print name and title) By: x^. £^/s1^/ ~7(signfhere) Michael P. Neal, President/CEO (print name and title) (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: RONALD R. BALL City Attorney Deputy City Attorney 2 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 16646 State of California County of San Diego On before me, (Date) personally appeared (\(\W ffl. JfltIM- a/V\ft (Name, Title of Officer) (Name[s] of Signer[s]) A [ffpersonally known to me -OR - n (proved to mo on the basis of satisfactory evidence) >to be the person(s) whose name(s) -4e/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4=HS/ber/their authorized capacity(ies), and that by -his/hor/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary CLARE CHAVEZ Comrrtaton • 1466393 Notary PuWto - Ccifomto Son Dtego County MyComm.ExptesJan29.200fli (This area for official notary seal) Title or Type of Date Document Signer(s) other Document QjQA]&MW\^ /vJof Jflwu^rfrj ffi, f2oo (/ 0 than named above 'N j^* No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 16647 JANUARY 23, 2006 JOB NO.: 041093 EXHIBIT AA' LEGAL DESCRIPTION PROPERTY BURDENED BY COVENANT FOR EASEMENT PR 04-105 THAT PORTION OF LOT 5 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. y$£S3 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JM 3<>. 200(p , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5, SAID CORNER ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF EL CAMINO REAL AND 63.00 FEET FROM AND PERPENDICULAR TO THE CENTERLINE OF EL CAMINO REAL; THENCE LEAVING SAID CORNER AND SAID RIGHT OF WAY ALONG THE WESTERLY LOT LINE OF SAID LOT 5 SOUTH 00°01'31" WEST A DISTANCE OF 1337.04 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SALK AVENUE AND ON THE SOUTHERLY LOT LINE OF SAID LOT 5; THENCE EASTERLY ALONG SAID RIGHT OF WAY SOUTH 85°26'30" EAST A DISTANCE OF 5.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY NORTH 13°50'24" EAST A DISTANCE OF 159.88 FEET; THENCE NORTH 78°36'10" EAST A DISTANCE OF 147.14 FEET; THENCE NORTH 80°03'30" EAST A DISTANCE OF 241.66 FEET TO A POINT ON A NON TANGENT 64.00 FOOT RADIUS CURVE CONCAVE EASTERLY WHOSE CENTER POINT BEARS SOUTH 86°58'22" EAST, SAID POINT ALSO BEING ON THE SOUTHWESTERLY LOT LINE OF LOT 1 OF SAID MAP; THENCE SOUTHERLY ALONG SAID LOT LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°01'19" A DISTANCE OF 20.13 FEET; THENCE LEAVING SAID LOT LINE AND SAID CURVE SOUTH 80°03'30" WEST A DISTANCE OF 240.02 FEET; THENCE SOUTH 78°36'10" WEST A DISTANCE OF 134.20 FEET; THENCE SOUTH 13°50'24" WEST A DISTANCE OF 144.19 FEET TO A POINT ON A NON TANGENT 636.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE CENTER POINT BEARS SOUTH 06°11'18" WEST, SAID POINT ON CURVE ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID SALK AVENUE; Page 1 O^y, G:\Accts\041093\Exhibit SD&SEWER.DOC 16648 JANUARY 23, 2006 JOB NO.: 041093 THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 01°37'48" A DISTANCE OF 18.09 FEET; THENCE NORTH 85°26'30" WEST A DISTANCE OF 2.13 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10,659 SF 0.24 ACRES MORE OR LESS Patrick/&. O'Day (J RCE 27214 Page 2 of 2 G:\Accts\041093VExhibit SD&SEWER.DOC 16649 JANUARY 23, 2006 JOB NO.: 041093 EXHIBIT 1B' LEGAL DESCRIPTION PROPERTY BENEFITED BY COVENANT FOR EASEMENT PR 04-105 LOT 1 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. /SZS3, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JjtvJ 3o, CONTAINING 151,096 SF 3.47 ACRES MORE OR LESS Patrick N. O'aay RCE 27214 lof 1 G:\Accts\041093\ExhibitA3-COV.DOC 16650 EXHIBIT "C LEGEND: PROPERTY BOUNDARY' ,PER MAP NO. /52.S3 LOTUNE PER MAP NO. EASEMENT BOUNDARY STORM DRAIN A SEW? EASEMENT AREA FOX MILLER PROPERTY CT00-20 an OF OCEANSK HIGHWAY PACIRC \ arrar SMIIMKOS OJYOF ENQNTAS VICINITY MAP CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 11-11-04 DATE 11-11-04 PATRICKS O'DAY EXPIRES 03/31/07 CITY OF CARLSBAD STORM DRAIN AND SEWER ESUT IN LOT 5, CT 00-20 SHEET 1 OF 2 PR 04-105 G:\041093\0493Z35.dwg Jan 25, 2006 12:28pm 16651 99 ^v 99EXHIBIT C EL CAMINO REAL CENTER LINE EASEMENT PER MAP NO, 17830 POINT OF BEGINNING * x 24" IRON PIPE WTH DISC STAMPED RCE 27214 SET PER MAP NO. /52S3 cr 00-20 Lor 6 MAP NO, EASEMENT FOR STORM DRAIN PURPOSES TO THE SBADHP NO: 152.53 PORTION OF EL CAMINO REAL DEDICATED TO THE CITY OF CARLSBAD^ PER MAP NO. fS253 0'DATA TABLE 1 2 3 4 b 6 7 8 Q BEARING N 13W24" E N 78'36'W E N 80W30" E A =18V1'19" N 80V3'30*E N 78'36'W" E N 13-50'24'E A =01'3T48~ u ex've'w u/ RADIUS 64.00' 636.00' LENGTH 159.88' 147.14' 241.66' 20.13' 240.02' 134.20' 144.19' 18.09' 01V C 0 N S U NTS 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 11-11-04 DATE 11-11-04 PAIRICf N. O'DAY {/RCE27214 EXPIRES 03/31/07 CITY OF CARLSBAD STORM DRAIN AND SEWER ESMT IN LOT 5, 07 00-20 SHEET 2 OF 2 PR 04-105 APN NO. 212-020-23 G:\041093\0493Z35.dwg Jan 25, 2006 12:34pm