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Home My WebLink AboutMS 02-14; ; 2005-0501765; CovenantRECORDING REQUESTED BY- Ticor Title- San Diego Branch RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. . Carlsbad, CA. 92008 JWN 15,2005 12:Ol PM 913% I lllili 11111 llil Ulr i Ill11 lllll Ullr llrll llllf Ulli Ulli 11111 Ill lllii llil Ill1 2005-0501 765 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 205-21 0-93-00 PROJECT NO. & NAME: MS02-14 Slatterv - Chestnut Minor Subdivision PR 04-93 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) William F. Slattery, Jr. and Michele S. Slattery, trustees of the Mellor Family Trust dated October 28, 1999, 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 MS 02-14 number 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 ServlceslMasters/Deeds-Grant Deeds-Easements/Covenant for Easement ~ Rev. 4/28/97 9132 See Exhibit “6“ attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for access 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: William F. Slattery, Jr. and Michele S. Slattery, trustees of the Mellor Family Trust dated October 28, 1999 r, (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) FRETARY OR NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE ASSISTANT SECRETARY MUST SIGN FOR CORPORATEEXE UTIONS 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 CORPORATIONy 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 By: 2 H:IDevelopment ServiceslMasterslDeecIds-Grent Deeds-EasementslCovenanl for Easement Rev. 4128l97 9133 State of California ) 1 County of San Diego ) fflPll~$bW lddq%lL , (Na d, Title of Officer) (Name[s] bf Signer[s]) On 3 /%-1b5 before me, (Date) personally appeared Lollla/ll f -4L!kle5 sb&q personally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person@) whose name(s) idare 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. >pc WITNESS my hand and official seal Signature of Notary (This area for official notary seal) No.ofPages L Date Document Signer@) other than named above 3 H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslCovenant for Easement Rev. 4/28/97 9134 EXHIBIT “A” PR 04-93 AN EASEMENT FOR JOINT ACCESS OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 1, M.S. 02-14 THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 168 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 01 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12,2001, DESCRIBED AS FOLLOWS: DECEMBER 9,1951 AND CHESTNUT SITE BOUNDARY ADJUSTMENT ADJ 01- [DESCRIPTION OF JOINT ACCESS EASEMENT OVER PARCEL 21 (BASIS OF BEARINGS BEING THE NAD 83, ZONE 6, GRID BEARING BETWEEN STATION GPS No. 120 AND STATION GPS No. 121, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK.) BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF ADAMS STREET, SOUTH 28’10’01’’ EAST A DISTANCE OF 246.31 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE, NORTH 61’50’31” EAST A DISTANCE OF 140.00 FEET; THENCE NORTH 28’10’01’’ WEST A DISTANCE OF 246.30 FEET TO A POINT ON THE CENTER LINE OF CHESTNUT AVENUE TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 61’50’31’’ EAST A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID CENTER LINE OF CHESTNUT AVENUE, SOUTH 28’10’01” EAST A DISTANCE OF 180.10 FEET; THENCE SOUTH 61’50’31”WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 28’10’01’’ WEST A DISTANCE OF 180.10 FEET TO THE TRUE POINT OF BEGINNING, 2,251.5 SQ. FT. &&- //z ./us- Clarence Butler, LS 41 84 Date 9135 .. EXHIBIT “B” PR 04-93 LEGAL DESCRIPTION OF PARCEL 1, MS 02-14 THAT PORTION OF TRACT 240 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 168 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 01 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12,2001, DESCRIBED AS FOLLOWS: DECEMBER 9,1951 AND CHESTNUT SITE BOUNDARY ADJUSTMENT ADJ 01- (BASIS OF BEARINGS BEING THE NAD 83, ZONE 6, GRID BEARING BETWEEN STATION GPS No. 120 AND STATION GPS No. 121, AS SAID STATIONS ARE PUBLISHED IN THE SAN DIEGO COUNTY HORIZONTAL CONTROL BOOK.) BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF ADAMS STREET, SOUTH 28’10’01’’ EAST A DISTANCE OF 246.31 FEET TO A POINT; THENCE LEAVING SAID CENTER LINE, NORTH 61’50’31’’ EAST A DISTANCE OF 140.00 FEET; THENCE NORTH 28”lO’Ol” WEST A DISTANCE OF 246.30 FEET TO A POINT ON THE CENTER LINE OF CHESTNUT AVENUE; THENCE ALONG SAID CENTERLINE NORTH 61’50’3 1” EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTER LINE OF CHESTNUT AVENUE, SOUTH 28’10’01’’ EAST A DISTANCE OF 120.00 FEET; THENCE NORTH 61’50’31” EAST A DISTANCE OF 123.59 FEET; THENCE SOUTH 30’23’29” EAST A DISTANCE OF 60.15 FEET; THENCE SOUTH 61’50’31” WEST A DISTANCE OF 140.91 FEET; THENCE NORTH 28’10’01” WEST 180.10 FEET TO A POINT ON THE CENTER LINE OF CHESTNUT AVENUE; THENCE NORTH 61’50’31’’ EAST 15.00 FEET ALONG SAID CENTER LINE TO THE TRUE POINT OF BEGINNING. 10,197.3 SF .234 Acres Clarence Butler, LS 4184 Expires f /3Q[kG Date EXHIBIT ql3b PLAT FOR JOINT ACCESS CoVENANT FOR EASEMENT PuRposEs OVER PARCEL 1 FOR THE BENEFIT OF PARCEL 2, AND OVER PARCEL 2 FOR THE BE" OF PARCEL 1, ALL IN M.S. 02-14, SCALE a I "= 80:- EASEMENT PLAT - ClTY OF CPiRLsB AD VALLEY coNsULTANTs, INC. P.O. BOX 10516 NEWPORT BEACH, CA 92658 APPLICANT: PREPARED BY: , WLLbW F. SLA-Y, Jk AND MICHELE s. sMmy' mum OF THEMELLORFAMILY TRUST (949) 650-5430 CARLSBAD, CALlFOlWIA A.P. NO. 205-210-93 PR 04-94 =APART \ S30°23'29"E P4mXL2 -JOINT ACCESS E PARCEL 1 FOR BENEFlT OF PARCEL 2