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Home My WebLink AboutCT 92-08; ; 2000-0362596; CovenantI ’ a .z ,-,- I Recorded at the r -lest of . 7 1 Chicago Title c P 18 s9 f AK / 0 P RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 g3r4-‘50 - 0 L!n nac ,? 2000-036259~ JUL IQb 2000 3:23 PM 5975 m1cw.lEcoRlH wfNDI&q clnM& llEam&Rz Fix: ' 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE 255-01 l-l 0 ( PR 3.2.114 ” COVENANT FOR EASEMENT 1 (‘Government Code Article 27 commencing vvith Section 65870 of Chap&~ 4 of Division 1 ofTitle 7; Carlsbad’Municipal Code Section 20.04.140) 0 * .’ ‘,,, ‘>(I “ .’ t ,,: 3 ,( “, ::~.s /, ( 3’3( ~ ~_S Continuing L&“Communities, UC., a California Limited Liability Co~p~ny,“~‘~~~~inafter d@,’ __,, ,. ,’ ,‘! referred to.:& ‘@&#’ pates a c&&iant for ea$ement for ithe purbose &&%d~her6&l; Over, q 1 1: : j’,,‘ ; I,, across and ‘ubon the”real property described in Exhibit “A” for ‘the benefits of:th&’ property ,I ; ‘: referred to in &rhibit,;$$.‘%tis covenant for easement may be relea~~~‘~~l~~a~~r~ing to the ‘s 1;: ,,i, *’ ::: procedures estab@Jed by I$wJf;lt is determined by the City th~t’fhe cover&k is no longer :, : “ ‘, needed to achieve t&#a&;l g$&&g& ,ya!. 1: j; ‘!~ i i I ; ; )(! i,; 1: i:_: / (l”;i i ;:_ :, ‘, (( ,:, This covenant for easement is:,required by a’.‘condkion of”‘approval for Carlsbad Tract ,: L(() ‘) yt:: number 92-08 issued by the City d”k!$&ba~ for d@vek$ment 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 Masters/Forms/Covenant for Easement Rev. 4ml97 5, (‘3 1 , )I p - ’ I I 5976 h See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for an easement for drainage 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 ,) a:;:, .:il:i ,,i 1; 1 / ::& i : i . & i-& $( easement shall be binding upon a-kf%db&nkfit ‘o&th/e~k!@$&lt for easement shall inure to the : j:: a~$ :+;;‘,; ‘i (~ : benefit of all successors, iri;!ln~~~~st’td~~~~~~al~ brop”rty. ,-+!’ i i:i ,, 3 ~,I : ~>j( ;‘, / :,:‘; )(, / (/ ” ‘,i 1 : cj 8 L E,‘_ : ‘2 3% : ::: iii_,(,i ::Is(‘,; i *, ‘I ‘~ Dated: ,c---,,, ‘q& L ::, ,: 1i’ ‘:Jf$l((,z ,‘ (:::,: ~( 1;’ : I ‘lift: (print name here) >!: ‘I AUTHORITY OF S&D INDIVIDUALTO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, pRio&k X~&XECUTION OF’THIS,,&&NANT FOR EASEMENT, THE PARTIES CONSULT WITH THE;liR Ati~tiNEY&@H RESPECT ,,~ THERETO. ‘I i,’ “: ,‘, ::;, (j ‘) ‘, :: L] il : I I’::( i_j’: 1: “( ;,‘:isjl_’ ,‘, li’ APPRO”ED AS TO FORM: /(( ~‘;~“,‘r:‘,t:i:,;!i,,- i: :. f,‘ 2”’ RONALD R. BALL lFTLi~~- I Masters/Forms/Covenant for Easement Rev. 4/28/97 ‘, I _ ’ . 5977 State of California County of San Diego 1 On Ma7 25, 2000 before me, Rosemary E. Massey, Notary Public---------; (Date) (Name, Title of Officer) personally appeared Richard D. Ascaer -T-T-3------3_--_-__~~------ (Name[s] of Signer[s]) -r-~~73-v~-n--,-,--PT _T_T---_-____T__--_T~-~~~---- L personally known to me -m (ma to be the person@) whose name(s) @are subscribed to the within instrument and acknowledged to me that @/she&hey executed the same in @he&heir authorized capacity(ies), and that by @h&h& signature(-+on the instrument the person@), or entity upon behalf of which the person@+ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Covenant for Easement Date of Document Mav 25, 2000 No. of Pages Seven Signer(s) other than named above None r , I ., ‘, . I * 5978 - COVENANT FOR EASEMENT LEGAL DESCRIPTION OF DRAINAGE EASEMENT EXHIBIT ‘A’ P.R. 3.2.114 THAT PORTION OF LOT 9, OF CITY OF CARLSBAD TRACT NO. 92-08, GREEN VALLEY, ACCORDING TO MAP THEREOF NO. 13 yci 7 , AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DATED 7 - d o k, o ASFILENO. 2000 - 036.2 g-&q TWO UNIQUE EASEMENTS, ONE BEING 15.00 FEET WIDE, AND 7.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF LINE “1” AS DESCRIBED HEREIN AND THE SECOND BEING 25.00 FEET WIDE, AND 12.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF LINE “2” AS DESCRIBED HEREIN. PARCEL ‘A’ BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE SOUTH LINE OF SAID LOT 1. SOUTH 84”27’32” WEST 422.73 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE “1”; THENCE LEAVING SAID SOUTH LINE 2. NORTH 15”03’21” WEST 63.62 FEET TO A POINT BEING HEREINAFTER KNOWN AS POINT ‘A’; THENCE 3. 4. NORTH 15”03’21” WEST 275.05 FEET; THENCE SOUTH 62”01’26” WEST 0.43 FEET TO A POINT BEING HEREINAFTER KNOWN AS POINT ‘B’ ; THENCE 5. SOUTH 62”01’26” WEST 6. SOUTH 80”22 17” WEST 7. SOUTH 86”33’55” WEST 193.48 FEET; THENCE 228.32 FEET; THENCE 1.94 FEET TO A POINT BEING HEREINAFTER KNOWN AS POINT ‘C’; THENCE 8. SOUTH 86”33’55” WEST 102.4OFEET TO THE TERMINUS OF LINE “1” AND THE BEGINNING OF LINE “2”; THENCE 9. SOUTH 86”33’55” WEST 20.00 FEET TO THE TERMINUS OF SAID LINE “2”. PARCEL ‘A-l’ AN EASEMENT 15.00 FEET WIDE, BEING 7.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT SAID POINT ‘A;’ THENCE 1. SOUTH 42”05’04” WEST 78.68 FEET TO A POINT OF TERMINUS. - 5979 PARCEL ‘A-2’ AN EASEMENT 15.00 FEET WIDE, BEING 7.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT SAID POINT ‘B;’ THENCE 1. NORTH OO”10’52” EAST 445.70 FEET; THENCE 2. NORTH 38”17’41” EAST 252.60FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 9 AND A POINT OF TERMINUS, SAID POINT BEING S52”52’04”E, 242.75 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 9. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEAST LINE OF SAID LOT 9. PARCEL ‘A-3’ TWO UNIQUE EASEMENTS, ONE BEING 15.00 FEET WIDE, AND 7.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF LINE “3” AS DESCRIBED HEREIN AND THE SECOND BEING 30.00 FEET WIDE, AND 15.00 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF LINE “4” AS DESCRIBED HEREIN. BEGINNING AT SAID POINT ‘C,’ SAID POINT BEING THE BEGINNING OF SAID LINE “3”; THENCE 1. SOUTH Ol”33’48” EAST 79.01 FEET; THENCE 2. SOUTH 53’45’24” WEST 64.99 FEET TO THE TERMINUS OF SAID LINE “3” AND THE BEGINNING OF SAID LINE “4”; 3. SOUTH 53’45’24” WEST 25.00 FEET TO THE TERMINUS OF SAID LINE “4”. AN EASEMENT 15.00 FEET WIDE, BEING 7.50 FEET WIDE MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID SOUTHEASTERLY CORNER OF SAID LOT 9; THENCE ALONG THE EAST LINE OF SAID LOT 9, 1. NORTH 05”32’28” WEST 302.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE 2. SOUTH 84”27’32” WEST 40.91 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE EAST LINE OF SAID LOT 9. . . . . I , 1 PREPARED BY: P&D CONSULTANTS, INC. - - 5980 L.s: 4830 LIC. EXP. 09/30/00 #--. * 59s;: COVENANT FOR EASEMENT LEGAL DESCRIPTION OF DRAINAGE EASEMENT EXHIBIT ‘B’ P.R. 3.2.114 LOTS 1 AND 8 OF CITY OF CARLSBAD TRACT NO. 92-08, GREEN VALLEY ACCORDING TO MAP THEREOF NO. I)‘?97 , AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DATED ‘7 * d 0. 00 AS FILE NO. 2 0c.u Q.3.8.2 5x: F PREPARED BY: P&D CONSULTANTS, INC. LIC. EXP. 09/30/00 1 OF 1 PRVDFtNS.DOC -982 BASIS OF 8olRlNG JHE BASIS OF 8EARlNGS FOR THIS PLA J IS A PORTION OF THE SOUTHERLY LINE OF LOJ 9 I.E. N84’27’32”E LOT 1 ;I; I ’ I/a A.P.N. 216- 122-37 III h A.P.N. 255-01 l-10 “8rw,e.. I n w%!y p?. A 1 CfF I-IFTAII 12’1 I’w ~-q$~~,, f-- --., .,- T4e ~a--~~eli&.&&&+$i~2 c\Crru? ./Z:----- -12 56 !Q two ,\ ---1.94' _ N'\*\(r) tr WI !\ \ 'm h; LO LEGEND PO8 = POINT OF BEGINNING TPOB = TRUE PO/NT OF BEGINNING & g?,$? + ’ N89’34’48% A 134.00’ I I -- PAR. ‘8’ 7-9 406.10 \ ‘?k L TPOB \ x PM. ?I ’ LOT 10 A.P.N. 255-01 l-10 LOT 8 z!El P&D CONSULTANTS \ ------La/ \ .I, 401 w.sr -Aa’ Sl73EEZ SUE 2500 %I SAN Ok-GC2 CAUFORNiA 92101 EL?? (619) 232-4466 FM 234-3022 PROJECT NAME: SREEN VALLEY CROSSINGS-COVENANT FUR KTEMENT FOR DRAINAGE PURPOSES - .m ml2 PROJECT NO. EXHlBlT P.R. 3.2.114 ‘C’ ., . - - .I - * * 5983 CERTIFICATION FOR ACCEPTANCE OF COVENANT OF EASEMENT This is to certify that the interest in real property conveyed by the Covenants of _‘_ :,j : 1.“,’ 8 : &$q(< Easement dated May 25, 2O~~,~f~~~~~~~~~~~‘” & munities, LLC, a California _., :‘i:r;,,$fjr- “““: >q@:j/:’ ,,~$~‘jl&gf~lW~ _i_:____ i!@‘i;$~lIi““~~ <& ‘:‘c : : j i:!‘:‘y ;;ii~i~i !l:‘, Limited Liability Cornp~~~~~~h~~~~~~~ r$$$&q& B”Runic~~~~~poration, is hereby _, “; ! ,‘.I. ; _,,,,’ ,, &,! [tyj_ i:)’ lc:~<+l,_! ;i: :,: ;,: c*& of Carlsbad, ~~~~~,~~~~~ pu@qant to Ordinance ~ltI$i,_:; ‘j: $&, :; :I ; .yi, iii; : :__ her , fj, ,997, and the sra;i&,&&@~~e to the ,:!,(: record&ion th~~~~~~~ duly, aut~~~~~:,~~~~~. ,_,, ,‘:~liy_ j .,I’ .’ ._. ” _, _, ,:$#jj# ” ;‘:g -);;&;,: ,,_ : __:o ::’ : __ _’ _A _‘, _, SlS DATED: