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Home My WebLink AboutCT 98-23; ; 2002-0309497; CovenantDOC # 2002-0309497 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad. CA. 92008 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 216-310-19 PROJECT NO. 8 NAME: CT 98-23 LA COSTA GREENS PR 02-06 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) Pacific Beach Development, 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 "6". 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 for CT 98-23 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. H.mevelopmeOt SBNICBIIMBItBT~Dssdl-Grsnt DBBdl-EB.~Bnl~CCOYBnBnl for EBlWnl 1 Re". 412e.97 I Exhibit "c" is provided for clarity only, This covenant for easement provides for private ingress and egress 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 propelty 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: .a/&%/Q% P- Pacific Beach Development, LLC ' Name: Michael E. Turk L Name: Thomas Arrnstrong Title: Managing Member (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT 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. THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, APPROVED AS TO FORM: RONALD R. BALL City Attorney State of California ) ) County of San Diego 1 personally appeared (Name[s] of Signer[s]) , 0 personally known to me -OR - (- evlUen?e) to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that b&k/they executed the same in .kisSker/their authorized capacity(ies), and that by hisfhtr/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. ..I (This area for official notary seal) Title or Type of Document Signer(s) other than named above EXHIBIT A Legal Description EASEMENT AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR MAINTANENCE AND DRAINAGE PuReOsES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF STRUCTURAL WALLS, ROOFS, WINDOWS, DRAINS AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 4 OF MAP NO. 14251, IN THE CITY OF CARtSBAD, COUNTY OF SAN DIEGO, STATE OF CALFONVIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,2001 AS FILE NO. 20014512667 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4, SAID CORNER LYING ON THE PROPERTY LINE COMMON TO LOTS 4 AND 5 OF SAID MAP NO. 14251; THENCE ALONG SAID COMMON LINE SOUTH 00°12’00” WEST FOR 148.25 FEET TO THE INTERSECTION OF SAID COMMON LINE WfIlI THE NORTHERLY CURVED SIDELINE OF FAIRWAY LANE (A PRIVATE STREET), CONCAVE SOUTHWESTERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 29’57‘56‘‘ WEST, 70.50 FEm, THENCE NORTHWESTEXLY ALONG SAID CURVED SIDELINE OF FALRWAY LANE THROUGH A CENTRAL ANGLE OF 6’21’53” FOR 7.83 FEET, THENCE LEAVING SAJD SIDELINE FAIRWAY LANE NORTH 0°12’00” EAST FOR141.15FEETTOAFOINTONTHENORTHERLYLINEOFSAIDLOT4WHtCHBEARSSOUTH63001’33” WEST 7.87 FEET FROM THE WINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 63O01’33” EAST FOR 7.87 FEET TOTHE POINT OF BEGINNING. SAID EASEMENT CONTAlNS 1,012 SQUARE FEET, MORE OR LESS. PREPARED BY: MIK HAMADA, RCE 25586 925 CIMARRON TERRACE ESCONDIDO, CA 92029 (760) 489-5834 EXHIBIT B Legal Description “Benefited Property’’ LEGAL DESCRIPTION LOT 5 OF MAP NO. 14251, LA COSTA GREENS, CT 98-23, IN THE! CITY OF CAIUSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FEED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, my, 24,2001 AS FILE NO. 2001 - 0512667 OF OFFICIAL RECORDS. PRePARED BY: MIK HA”, RCE 25586 925 CIMARRON TERRACX ESCONDIDO, CA 92~ (760) 489-5834 . . . . . . . . . . . . ... .... .. . .. .. EXHIBIT C LEGEND ~~. __ ~, , . ...., .,, \ ..... ,,.',. :. ~.?.. . .. . .. , . .. . , . . .. " . . <, > ~. i . >. ................................ PROPOSED STRUCTURE LINE 1-4 EASEMENT AREA EASEMENT CONTANS: 0.023 ACRES VICINITY MAP NO SCALE ASSESSOR PARCEL NO: 216-310-19 ADORES 2256 FAIRWAY LANE, CARLSBAD, CA PLAT TO ACCOMPANY EASEMENT LEGAL DESCRIPTION