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HomeMy WebLinkAboutCT 02-17; CWV La Costa 49 LLC; 2014-0112562: CovenantRECORDED REQUEST OF First American Title HOMEBUILDER SERVICES RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 DOCtt 2014-0112562 liiiiiiiiiiiiKiiig iiiiiiiiiiiiiin MAR 21, 2014 3:16 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 223-061-01 &02 Project ID: CT 02-17 Related Project ID: PR 13-45 Related Project ID: Project Name: Fair Oaks Valley 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) CWV LA COSTA 49 LLC, 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 residential subdivision number CT 02-17 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 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 Exhibit "C" is provided for clarity only. This covenant for easement provides for landscape maintenance 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of October 20 13 . OWNER(S) CWV La Costa 49 LLC, a TDelaware limited liability company By: California West Communities, LLC, a California^ limited liability company, Its WanaoBr By: (sign here) Donald W. Fontana, Member (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney (Proper notarial acknowledgment of execution by owner(s) 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.) 3 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I I IP. k I t I I €• State of California Countvof P^^gQ On October 21, 2Q13befnrfi me, M.K. Stuckey, notary public Date Here Insert Name and Title of the Officer personally appeared Donald W. Fontana Name(s) of Signer(s) M.K.STUCKEY Commission # 1933217 Notary Public - California i San Diego County ^ My Comm. Expires May 16,20151 Place Notary Seal Above Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: • Corporate Officer - Tltle(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: CIVIL CODE§ 1189 I' I' I' I I I I I i I I' I' I I I 1 rii <^ § who proved to me on the basis of satisfactory evidence to be the person^ whose namej^) is/^ subscribed to the within instrument and acknowledged to me that he/^e/tiyy executed the same in his/l)^r/th^ir authorized capacity()l(s), and that by his/i)^r/tb^ir signaturehij on the instrument the person(^ or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Signature of Notary Public Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description ©f Attached Document Title or Type of Document: Document Date: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A'' DESCRIPTION OF LANDSCAPE MAINTENANCE EASEMENT PR 13-45 PORTIONS OF LOTS 37, 38, 39, 40, AND 41 OF THE UNRECORDED MAP OF CITY OF CARLSBAD TRACT NO. 02-17, BEING THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUNE 27,1898, DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF CAMINO JUNIPERO, AS SHOWN ON MAP 14379, FILED APRIL 29, 2002 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, WITH THE WESTERLY LINE OF SAID EAST HALF OF LOT 6, SAID INTERSECTION LYING SOUTH 02°18'58" EAST 1356.03 FEET FROM THE NORTHWEST CORNER OF SAID EAST HALF OF LOT 6; RUNNING THENCE NORTH 02°18'58" WEST ALONG SAID WESTERLY LINE 423.66 FEET; THENCE NORTH 87°41'02" EAST 4.84 FEET; THENCE SOUTH 02°18'58" EAST 62.17 FEET; THENCE SOUTH 22°21'44" EAST 49.70 FEET; THENCE SOUTH 18°26'41" WEST 21.33 FEET; THENCE SOUTH 27°39'52" EAST 20.70 FEET; THENCE SOUTH 21M3'39" EAST 49.96 FEET; THENCE SOUTH 24°51'54" WEST 19.24 FEET; THENCE SOUTH 21°32'43" EAST 73.34 FEET; THENCE SOUTH 31°35'00" WEST 17.94 FEET; THENCE SOUTH 16°30'41" EAST 41.80 FEET; THENCE SOUTH 05°18'29" EAST 66.82 FEET; THENCE SOUTH 02°44'04" WEST 6.57 FEET; THENCE NORTH 51°46'50" EAST 44.56 FEET; THENCE NORTH 60°54'02" EAST 37.05 FEET; THENCE SOUTH 23°29'58" EAST 21.48 FEET ALONG A RADIAL LINE TO THE BEGINNING OF A 230.00 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY 64.93 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°10'27"; THENCE SOUTH 50°19'36" WEST TANGENT TO SAID CURVE 41.57 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 40.26 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°16'15" TO THE BEGINNING OF A TANGENT 1440.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT; THENCE NORTHWESTERLY 17.75 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°42'22" TO THE POINT OF BEGINNING. CONTAINING 17,292 SQUARE FEET (0.397 ACRES). THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. /^<EPH PLS 5211 SHEET 1 of 1 EXHIBIT "B" DESCRIPTION PR 13-45 PARCEL 1: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF LOT 6 AS SHOWN ON LICENSED SURVEYOR'S MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 2°52'55" WEST ALONG THE WEST LINE OF SAID EAST HALF 1388 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT NORTH 87°01 '50" EAST 1318 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 6; THENCE SOUTH 2°58'45" EAST ALONG SAID EAST LINE 1388 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG SAID SOUTH LINE SOUTH 87°01'50" WEST 1318.30 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF SAID LOT 6, AS SHOWN ON LICENSED SURVEYORS MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID EAST HALF NORTH 2°52'55" WEST 1388 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 2°52'55" WEST 1256.62 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 75°47' 10" EAST ALONG THE NORTHERLY LINE OF LOT 6 A DISTANCE OF 1340.37 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE THEREOF SOUTH 2°58'45" EAST 1518 FEET TO A LINE WHICH BEARS EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 6 FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°0r50" WEST ALONG SAID PARALLEL LINE 1318 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXHIBIT "C" LANDSCAPE MAINTENf\NCE EASEMENT PLAT P.OS. RADIUS LENGTH DELTA Ci 25.00' 40.26' 92'16'15" 02 1440.00 • 17.75' 0'42'22'' f^02'44'04"E 6.57' N05'18'2g"W 66.82' LOT 37 "S I—^ N23'2958"M 21.48' (RADIAL) UJ 86.60' 13.4i LOT 38 on SP if^t^-cy SCALE: i =50' 8 LOT 196 MAP 14379 N02'1858"^ 2644.58' _i356.03' 84. 31.56' tu LOT 39 £ LOT 40 ^. X 86.40' 30.62' ^ 62.17' J. 8 8 UJ CO LOT 41 PASEO CRISTAL INDICATES LANDSCAPE MAINTENANCE EASEMENT PLSA 1451 PR 13-45 PASCO LARET SUITER Hi^^^^^H & ASSOCIATES 535 North Highway 101, Ste A, Solana Beach, CA 92075 ph 858.259.82121 fx 858.259.48121 plsaengineermg.com