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HomeMy WebLinkAboutCT 06-25; Calavera Hills II LLC; 2009-0473460; CovenantDGC# 2009-0473460 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 AUG24, 2009 1:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER.. COUNTY RECORDER FEES: 36.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-360-02 PROJECT ID: CT 06-25 PROJECT NAME: Robertson Ranch, PA 21 RELATED PROJECT ID: CP 06-17 RELATED PROJECT ID: PR 08-61 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) Calavera Hills II, 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 per condition 59 of PC Resolution No. 6386 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: 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 2/19/09 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private reciprocal vehicular access purposes 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 Calavera Hills II, LLC, a California limited liability company signature AOA/A 0. 7~7 signaure (ft-- print name /x-P(/P nnt name print title print title (Attach required notary acknowledgement(s) for OWNER signature(s)) APPROVED AS TO FORM: RONALD R. BALL City Attorney H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 2/19/09 ^^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego May 5. 2009 ss. On personally appeared David R. Poole and Adam D. Pevney, _, before me, Gladys M. Eddy-Lee, Notary Public, GLADYS M. EDOV4H Commtaion* 1673171 Notafy Public - CoHfomta Son Dtogo County My Comm. Expkw JU 4,201 ( who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY 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 Signature of Notary Public OPTIONAL 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 of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above:_ Capacities Claimed by Signers Signer's Name: i Individual n Corporate Officer - Title r Partner — j Limited u General [] Attorney in Fact 1 i Trustee n Guardian or Conservator D Other: Signer is representing Signer's Name:_ Right Thumbprint of Signer Top of thumb here Individual Corporate Officer - Title Partner - n Limited J General Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing Right Thumbprint of Signer Top of thumb here ^ January 13, 2009 J.N.: 08-1245 PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION VEHICULAR ACCESS EASEMENT P.R. 08-61 A PORTION OF LOT 2 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID CORNER BEING A POINT ON THE CENTERLINE OF CANNON ROAD; THENCE, ALONG THE WEST LINE OF SAID LOT 2, NORTH 11° 44'01" WEST 51.00 FEET TO A POINT ON THE NORTH LINE OF SAID CANNON ROAD; THENCE, CONTINUING ALONG SAID WEST LINE, NORTH 11°44'01" WEST 128.60 FEET; THENCE, CONTINUING ALONG SAID WEST LINE, NORTH 08°26'47" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID WEST LINE, NORTH 08°26'47" WEST 34.00 FEET; THENCE, LEAVING SAID WEST LINE, NORTH 81°33'13" EAST 522.19 FEET TO THE BEGINNING OF A 20-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35"39'31" A DISTANCE OF 12.45 FEET TO THE BEGINNING OF A REVERSE 12-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS SOUTH 27°12'44" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°39'31" A DISTANCE OF 7.47 FEET; THENCE NORTH 81°33'13" EAST 15.60 FEET TO THE BEGINNING OF A 20- FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14'18" A DISTANCE OF 31.50 FEET; THENCE NORTH 08°41'05" WEST 223.98 FEET TO THE BEGINNING OF A 30-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°10'52" A DISTANCE OF 17.90 FEET TO A POINT ON THE SOUTH LINE OF GLEN AVENUE; THENCE, ALONG SAID SOUTH LINE, NON-TANGENT TO SAID CURVE NORTH 81°39'08" EAST 44.56 FEET TO THE BEGINNING OF A NON-TANGENT 30-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS NORTH 63°49'47" WEST; THENCE, LEAVING SAID SOUTH LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL January 13, 2009 J.N.: 08-1245 PAGE 2 OF 2 ANGLE OF 34°51'18" A DISTANCE OF 18.25 FEET; THENCE SOUTH 08°41'05" EAST 223.74 FEET TO THE BEGINNING OF A 20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°45'42" A DISTANCE OF 31.33 FEET; THENCE NORTH 81"33'13" EAST 12.53 FEET TO THE BEGINNING OF A 12-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°37'30" A DISTANCE OF 8.09 FEET TO THE BEGINNING OF A REVERSE 20-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS NORTH 47°04'17" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°37'30" A DISTANCE OF 13.48 FEET; THENCE NORTH 81°33'13" EAST 61.33 FEET TO THE BEGINNING OF A 1457-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°08'31" A DISTANCE OF 130.76 FEET; THENCE SOUTH 57°28'41" EAST 11.08 FEET; THENCE NORTH 76°12'25" EAST 28.43 FEET; THENCE SOUTH 13°47'35" EAST 28.00 FEET; THENCE SOUTH 76°12'25" WEST 30.87 FEET TO THE BEGINNING OF A 1493-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°20'48" A DISTANCE OF 139.32 FEET; THENCE SOUTH 81°33'13" WEST 61.33 FEET TO THE BEGINNING OF A 20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°37"29" A DISTANCE OF 13.48 FEET TO THE BEGINNING OF A REVERSE 12-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS NORTH 30 "10'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°37'29" A DISTANCE OF 8.09 FEET; THENCE SOUTH 81°33'13" WEST 102.13 FEET TO THE BEGINNING OF A 12-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°39'33" A DISTANCE OF 7.47 FEET TO THE BEGINNING OF A REVERSE 20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE TO SAID BEGINNING BEARS SOUTH 44°06'20" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°39'33" A DISTANCE OF 12.45 FEET; THENCE SOUTH 81°33'13" WEST 522.19 FEET TO THE TRUE POINT OF BEGINNING. AREA = 38,241 SQ.FT. (0.88 AC.) MORE OR LESS O:\Legal_Descriptions\011014\PA21Veh.lgl.doc MARCH 18, 2009 J.N. : 08-1245 PAGE 1 OF 1 EXHIBIT "B" BENEFITED PROPERTY PR 08-61 LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007. O:\Legal_Descriptions\011014\PA21BPROPERTY 08-61.1gl.doc 545/5 OF BEARINGS SUBDIVISION BOUNDARY CT 06-25 0'300' 15Cr SCALE: 1" = 300'CANNON ROAD_ HIGHWAY.^? .SITE VISTA CITY OF SAN MARCOS CITY OF ENCINITAS VICINITY MAPx^-T^x NO SCALE /fer^?^ / >-/ ATS. s ^. ^-*. LEGEND VEHICULAR ACCESS EASEMENT LOT LINE EXISTING EASEMENT POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING LEGAL DESCRIPTION PORTION OF LOT 2 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTH LINE OF LOT 2 I.E. N 81'J9'08" E. CONSULT 2710 Loker Avenue West Suite 100 Corisbod, Colifornio 92010 760-931-7700 Fox: 760-931-8680 www.odoyconsultonts.com Civi! Engineering Planning Processing Surveying M . . NO. 7700 ,1T\ EXP. 12/31/10 '^r^€ EXHIBIT 'C'SHT. 1 OF 4 SHTS. CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT REQUESTED BY: CALAVERA HILLS II, LLC 12865 POINTE DEL MAR, 200 DEL MAR, CA 92014 (858 794-6147 PREPARED BY: TIMOTHY (LJARROLL. JR. L.S.7700 EXP. 12/31/10 P.R. 08-61 A p N 168-360-02 DATE OCTOBER 23. 2008 GLEN A VENUE N H'44'01" W 51.00' CANNON ROAD CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Tax: 760-931-8680 w ww.odayconsultants.com Civil Engineering Planning Processing Surveying EXHIBIT 'C' 50 SCALE: 1" = 100' SHT. 2 OF 4 SHTS. CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT REQUESTED BY: CALAVERA HILLS II, LLC 12865 POINTE DEL MAR, 200 DEL MAR, CA 92014 (858) 794-6147 PREPARED BY: TIMOTHY O.J^RROLL. JR. P.R. 08-61 LS.7700 P. 12/31/10 A p N_ 168-360-02 DATE OCTOBER 23. 2008 CANNON ROAD CONSULT 2710 Loker Avenue West Suite 100 Cnrlsbad. California 92010 760-931-7700 Fox: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying EXHIBIT 'C' 50 SCALE: 1" = 100' SHT. 3 OF 4 SHTS. CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT REQUESTED BY: CALAVERA HILLS II, LLC 12865 POINTE DEL MAR, 200 DEL MAR, CA 92014 (858 794-6147 PREPARED BY: TIMOTHY OjCARROLL. JR. L.S.7700 EXP. 12/31/10 P.R. 08-61 A.P N 168-360-02 DATE OCTOBER 23. 2008 EXISTING EASEMENT TABLE No. [T 2 3 4 5 PURPOSE OWNER PUBLIC STORM DRAIN CITY OF CARLSBAD PUBLIC PEDESTRIAN ACCESS CITY OF CARLSBAD PUBLIC UTILITY AND PEDESTRIAN ACCESS CITY OF CARLSBAD ACCESS RIGHTS RELINQUISHED CITY OF CARLSBAD PUBLIC STREET CITY OF CARLSBAD /W^%\/ /^ 'A \ \ \ NO. 7700 / / \Jf \ EXP. 12/31/10 /IT/ (Vfy**? CONSULT A^N T S 2710 Loker Avenue West Civil Engineer ng Suite 100 Plonning Corlsbod. Colilornio 92010 Processing 760-931-7700 Surveying r- Fo«: 760-931-8680 Q www.odoyconsultonts.com > REFERENCE MAP 15608 MAP 15608 MAP 15608 MAP 15608 MAP 15608 DATE SEPT. 18, 2007 SEPT. 18, 2007 SEPT. 18, 2007 SEPT. 18, 2007 SEPT. 18, 2007 EASEMENT DATA (NO) / 2 3 4 5 6 7 8 9 W 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DELTA/BEARING N 11'44'Or W N 08-26'47" W N 08'26'47" W N 81'33'13" E A = 35'39'31" A = J5'J9'31" N 81'33'13" E A = 90'14'18" N 08-41 '05" W A = 34'W'52" N 8T39'08" E A = 34-51 '18" S 08'41 "05" E A = 89'45'42" N Sf'JJ'fJ" E A = JS'J/'JO" A = JS'J/'JO" N 81'33'13" E A = 05W31" S 57'28'41" E N 76-12'25" E S 13'47'35" E S 76'12'25" W A = 05'20'48" S 8J-33'13" W A = J8'37'29" A = 38'37'29" S 8T33'13" W A = 35-39'33" A - 35'39'33" S 81-3 (HIBIT 'C 3'13" W RADIUS 20.00' 12.00' 20.00' 30.00' 30.00' 20.00' 12.00' 20.00' 1457.00' 1493.00' 20.00' 12.00' 12.00' 20.00' LENGTH 128.60' 10.00' 34.00' 522.19' 12.45' 7.47' 15.60' 31.50' 223.98' 17.90' 44.56' 18.25' 223.74' 31.33' 12.53' 8.09' 13.48' 61.33' 130.76' 11.08' 28.43' 28.00' 30.87' 139.32' 61.33' 13.48' 8.09' 102.13' 7.47' 12.45' 522.19' SHT. 4 OF 4 SHTS. CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT REQUESTED BY: PREPARED BY: CALAVERA HILLS II. LLC TIMOTHY 0. CARROLL, JR. 12865 DEL Ml (858) POINTE DEL MAR, 200 ^^^/^ J ,, , t J-~ ^R CA 92014 — "s~ ~ f _-*X b/dv&T 794-6147 L.S.7700 EXP. 12/31/10 P.P. 08- A.P.N. 61 DATE 168-360-02 OCTOBER 23, 2008