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Home My WebLink AboutMS 04-18; Family Real Estate Enterprises LLC; 2007-0627747; CovenantRecording Requested By United Title Company 1? 7606 RECORDING REQUESTED BY : Department of Public Works CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2007-0627747 SEP 26, 2007 1:33 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G REG 0 RY J. S MIT H, CO U N TV R E CO R D E R FEES: 25.00 PAGES: 2007-0627747 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NUMBER: 208-040-05-00 PROJECT NUMBER(S): MS 04-18 PROJECT NAME: Eucalyptus Lane Private Sewer Easement (PR 06-99) 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) Family Real Estate Enterprises, 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 by a condition of approval for a minor subdivision, number(s) MS 04-18 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:/DevelopmenI Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/26/97 7607 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private sewer 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:Family Real Estate Enterprises, LLC, a California Limited . V\ Zflftto Liability Cop By: ______ _ Ftacfifef ff'tiluPlin, Managing Partner (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 By: 'Deputy City Atto r-rney H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 7608 State of California County of San Diego On (Date) personally appeared before me, (Name, Title offficer) (Name[s] of Signer[s]) , O^ersonally 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 SHAWN M. RUSSELL Commtoton* 1546423 Notary PuMte - CoWomta Son Diego County My Comm. Expire* Jon 22.2009 nature of Notary (This area for official notary seal) Title or Type of Document Co\}~OC\t Date of Document \^\ V\\ 06?\ 1 1 \ *r Signer(s) other than named above iwV W f^s^m^V No. of Pages Q Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement NOVEMBER 20, 2006 JOB NO.: 061163 EXHIBIT 'A' LEGAL DESCRIPTION PRIVATE SEWER EASEMENT PR 06-99 7609 ALL THAT PORTION OF PARCEL 2 OF MINOR SUBDIVISION MS 04-18, IN THE CITY OF CARLSBAD, COUNTY QF^S^AN^ DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. Op^ C °( , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS: MORE COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH 70°47'18" EAST 74.91 FEET TO THE BEGINNING OF A TANGENT 222.40 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°01'31" AN ARC DISTANCE OF 5.30 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 29°23'55" EAST, 28.21 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING ALSO BEING A POINT ON A 328.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 21°02'07" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°49'25" AN ARC DISTANCE OF 10.44 FEET; THENCE NORTH 70°47'18" WEST, 21.52 FEET; THENCE NORTH 19°12'42" EAST, 5.00 FEET; THENCE SOUTH 70°47'18" EAST, 21.52 FEET TO THE BEGINNING OF A TANGENT 333.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°57'00" AN ARC DISTANCE OF 11.33 FEET; THENCE SOUTH 29°23'55" WEST, 5.05 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.004 ACRES AREA = 162.05 SQUARE FEET Patrick N. 0/T/ay RCE 27214 1 of 1 G:\Proj3\061163\ExhibitA_SWR.DOC NOVEMBER 20, 2006 JOB NO.: 061163 EXHIBIT *B' LEGAL DESCRIPTION BENEFITTED PROPERTY PR 06-99 7610 PARCEL 3 OF MINOR SUBDIVISION MS 04-18, IN THE CITY OF CARLSBAD, £9UNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF"NO!" COUNTY, ""1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID Patrick N.RCE 27214 lofl G:\Proj3\061163\ExhibitB_P3.DOC FOUND 25" DISC HARKED QLSB-m LS-6215 N2003405.415 £ 6240983.085 PER R.O.S. 17271 CSF 0.999954800 76li PROPERTY LINE RIGHT OF WAY PROPOSED EASEMENT UNE RECORD DATA (N34'35'00"W) BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM - 1983, ZONE VI, 1991.35 EPOCH. NORTH AMERICAN DATUM OF 1983 (NAD83). GRID BEARINGS BETWEEN STATION 109 AND STATION 114 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY NO. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. /.£ (N18m47'42"E) REFERENCED BEARING FROM OTHERS DOCUMENTS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION 109 IS 0.999963550. GRID DISTANCE - GROUND DISTANCE. X COMBINED SCALE FACTOR. EXHIBIT 'C* cm or DCMTAS VICINITY MAP NO SCALE SHT. 1 OF 2 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX' 760-931-8680 CITY OF CARLSBAD COVENANT FOR PRIVATE SEWER EASEMENT Date: 11-20-2006 A.P.N. 208-040-05 MS PR 04-18 06-99 l:\M1163\0663Z06A-dwg Dec 11. 2006 1:53pm Xrefx oeejamop; 00-FONTS PAACEL 1 7612 PARCEL 3 PRIVATE SEVEREASEMENT IN FAVOR OF PARCEL 1 EASEMENT DAt |So| / 2 J 4 5 6 7 8 9 DELTA/BEARING 570'47'18'E &=02V1'31* N29-23'55"E A=0r49'25" N70'47'18"W N1912'42"E S70'47'18"E A=0/57tt?" 529'23'55'W RADIUS 150.00' 328.00' 333.00' H LENGTH 75.06' 5.30' 28.18' 10.44' 21.52' 5.00' 21.52' 11.33' 5.05' J) AN EASEMENT GRANTED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, FOR THE PURPOSE OF PUBLIC STREET AND UTILITIES RECORDED APRIL 5, 1999 AS INSTRUMENT NO. 1999-0224317 OF OFFICIAL RECORDS. EXHIBIT 'C*SHT. 2 OF 2 CONSULT T S 2710 LOKER AVE. W. 760-931-7700 SUITE 100 FAX: CARLSBAD, CA 760-931-8680 92010 CITf OF CARLSBAD COVENANT FOR PRIVATE SEWER EASEMENT Date: 11-20-2006 A.P.M. 208-040-05 MS PR 04-18 06-99 \08116J\0663ZDoB.dwg D«c It, 2000 f;54pmXrefc OeUamap; 00-FONTS