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Home My WebLink AboutCT 99-03; ; 2005-1054411; Covenant//b f RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2005-1054411 DEC 07, 2005 3:50 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J, SMITH. COUNTY RECORDER FEES: 25.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Village of La Costa Greens 213-110-02 CT 99-03 PR 05-69 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) Real Estate Collateral Management Company, a Delaware Corporation, 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 CT 99-03 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. 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 This covenant for easement provides for private reciprocal access and private utility 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: fiishk*^ S^\ ( cicO'T GRANTOR: Real Estate Collateral Management Company A Delaware Corporation ~~sBy: 7 (sign here) Fred Schimel, Vice President (print name and title of signatory) By: (sign here) (print name and title of signatory) (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 eputy City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 State of California County of San Diego On Od- Mf (Date) personally appeared before me,C./Mat (Name, Title of Officer) (Name[s] of Signer[s]) t D personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 "OFFICIAL SEAL" DIANA C. MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/4/2009 VSV«NSS«\SS4SSSS«>I (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H:/Development Services/Masters/Deads-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 PR 05-69 EXHIBIT "A" LEGAL DESCRIPTION BEING THE NORTHERLY 35.00 FEET OF LOT 2 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 12, 2003. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 10,630 SQUARE FEET MORE OR LESS. /O - DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 1 of 1 M:\2352\123\Legal descriptions\A-07 La Costa Greens Access A.doc WO 2352-116 10/20/05 PR 05-69 EXHIBIT "B" LEGAL DESCRIPTION (BENEFITING PROPERTY) LOT 1 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 12, 2003. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 1 of 1 M:\2352\123\Legal descriptions\A-13 La Costa Greens Access B.doc WO 2352-116 10/20/05 SITE LEGEND r—.—•—. INDICATES PRIVATE RECIPROCALIACCESS EASEMENT AND PRIVATE UTILITY EASEMENT FOR THE BENEFIT OF LOTS 1 AND 2 LEGAL DESCRIPTION PORTION OF LOT 2 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. CARLSBAD TRACT NO. 90-03 LA COSTA MAP NO, 14643 VICINITY MAP N.T.S. HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 10179 Huennekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558-4500- FX(858)558-1414 R:\0510\UilAP\EP Access SHT 01 .DWG Oct-20-2005: 08: 57 Jn. 2352-110 SHEET 1 OF 2 PRIVATE ACCESS EASEMENT PLAT - C/7Y OF CARLSBAD APPLICANT/OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY C/0 MORROW DEVELOPMENT 10903 WRIGHT PLACE. SUITE CARLSBAD. CA 92008 180 PREPARED BY: DAVID W. AMBLER LS 7322 EXPIRES: 12/31/05 PROJECT: CARLSBAD TRACT NO. 99-03 LA COSTA GREENS PR. 05-69 A.P.N.: 213-110-02 EXHIBIT "C" 100 150 SCALE 1 =50 CARLSBAD TRACT NO, 99-03 A COSTA GREENS MAP NO, 14543 ABUTTERS RIGHTS OF ACCESS RELINQUISHED PER MAP NO. 14543 CL 60' WIDE ACCESS OPENING PER MAP NO. 14543 NORTHERLY LINE OF LOT 2 30 SDG&E EASEMENT RECORDED 7/27/60 AS FILE NO. 60-151772 OF O.K. EASEMENT TO THE CITY OF CARLSBAD FOR SLOPE & DRAINAGE PURPOSES RECORDED 7/24/70 AS FIVE NO. 70-130797 OF O.R. HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 10179 Huemekens Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)55»4500- FX(858)55M414 R:\0510\fcMAP\EP Access SHT 02.DOG Oct-20-2005: Oft 49 in. 2352-110 SHEET 2 OF 2 PRNATE ACCESS EASEMENT PLAT - C/7Y OF CARLSBAD APPLICANT/OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY C/0 MORROW DEVELOPMENT 10903 WRIGHT PLACE, SUITE 180 CARLSBAD. CA 92008 PROJECT: CARLSBAD TRACT NO. 99-03 LA COSTA GREENS PR. 05-69 A.P.N.: 213-110-02 EXHIBIT "Cs