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HomeMy WebLinkAboutMS 07-02; CPT/SC Title Holding Corporation; 2009-0142979; CovenantRECORDED AT THE REQUEST Of CHICAGO TITLE COMfftNY SUBDIVISION DEPT RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 807 DQC# 2009-0142979 MAR 23, 2009 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 37.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 211 -021 -30 PROJECT NO. & NAME: Carlsbad Paseo MS 07-02 PR 08-64 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) CPT/SC Title Holding Corporation, a California 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 condition number 22 of approval for a Minor Subdivision, MS 07-02, 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: 808 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides a covenant for reciprocal private easements for private access and parking, drainage, storm drain facilities, across and upon the burdened property (except on, over or under any building and other structure constructed thereon or where the owner or tenant of a parcel advises the party seeking to install the facility that a building or other structure is to be installed) 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: Q -> j \ CPT/SC Title Holding Corporation _ By: Southwest Carpenters Pension Trust Owner and sole shareholder of CPT/SC Title Holding Corporation By: Strategic Property Advisers, Inc. Authorized Real Estate Investment Manager fgrJSouthwest Carpenters Pensjpn Tru/st and Title Hoi/! Peter G. Aylwara/President JOINDER AND CONSENT: P.P. Chang's China Bistro, Inc., a Delaware corporation, hereby joins in and consents to this Covenant for Easement and the easements granted herein, and subordinates its rights under that certain Lease\dated June 29, 2007 to this Covenant for Easement. P.P. Ghana's China Bistro, Inc., a Delaware corporation' \ / I \ /\ \V X By: Its 809 JOINDER AND CONSENT: BJ's Restaurants, Inc., a California corporation, hereby joins in and consents to this Covenant for Easement and the easements granted herein, and subordinates its rights under that certain Lease dated November 30, 2008 to this Covenant for Easement. BJ's Restaurants, Inc/ a California/ftorporatio Gregory S. Lynds- Vice President„.hiel Development Officer (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 810 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of; Date) personally appeared me.(\A . cyg ,1 J Here Insert Name and Title of the Name(sjof Signers) DIANNE A. SCOTT CommiMion* 1802831 Notary Public • California | Orange County 1 Mv Comm. Expires Jun 25. 20121 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s^jB/are subscribed to the within instrument and acknowledged to me that /she/they executed the same in his/her/their authorized capacity(ies), and that by^fjfarierAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. ifSignature^J^ OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: : Document Pate: .__. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __; D Individual D Corporate Officer — Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): __ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT | OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402-Chatswortti,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 4 811 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Bite personally appeared before me, Here Insert Name afid Title of the Officer/ / Narnejtfof Signers> S. C. BUCHENAU Commliilon* 1745688 Notary Public - California | San Diego County 1 MyComm.Bq3lrBsMayl8.20n i who proved to me on the basis of satisfactory evidence to be the person(sf whose name^J^fere subscribed to the within instrument and acknowledged to me that i^^she/they executed the same iirfjjsjfrier/their authorized capacity(ijeaf, and that b^^fiu^er/UTieir signature^ on the instrument the personj(sfrt)r the entity upon behalf of which the personj^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _^ D Individual D Corporate Officer —Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1-800-876-6B27 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 812 State of California County of On 2/H Date before me, personally appeared "7g/?C Here Insert Name and Title of the Officer Name(s) of Signerfs) OFFICIAL SEAL ANTHONY SUMMERS NOTARY PUBLIC - State ot ArizonaMARICOPA COUNTY My Comm. Expires June 15,2012 who proved to me on the basis of satisfactory evidence to be the person(^(whose namej$ \s/fc£ subscribed to the within instrument and acknowledged to me that •be/she/they executed the same in-his/her/their authorized capacity(fes)r, and that by^te/her/thetrsignaturej^ on the instrument the perspnjXi, or the entity upon behalf of which the person(^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Off icer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHTTHUMBPRINT• OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): __ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 NaSonal Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortti. CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 4 813 EXHIBIT "A" P R 08 - 64 COVENANT FOR EASEMENT FOR PRIVATE ACCESS AND PARKING, DRAINAGE, STORM DRAIN FACILITIES OVER PARCEL 1 AND 3 FOR THE BENEFIT OF PARCEL 2, CITY OF CARLSBAD MINOR SUBDIVISION 04-01. A PORTION OF PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 MS 07-02 BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NUMBER 13078) 804.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO. 13078) 120.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 557.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°20'36" A DISTANCE OF 110.27 FEET TO A POINT ON SAID EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS SOUTH 56°09'58" WEST; THENCE LEAVING SAID EASTERLY LINE SOUTH 55°50'26" WEST 343.71 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCELS 2 AND 3, NORTH 26°48'03" WEST (NORTH 26°47'14" WEST PER SAID PARCEL MAP 11284) 300.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 67°30'34" EAST 348.27 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING IN 86.00 FOOT WIDE PASEO DEL NORTE. PAGE 1 OF 2 M.S. 07-02 GROSS AREA CONTAINING 90266.15 SQ.FT. 2.072 ACRES MORE OR LESS 814 GROSS AREA CONTAINING 90266.15 SQ.FT.2.072 ACRES MORE OR LESS NET AREA (LESS AREA OF PASEO DEL NORTE, 86.00 FEET WIDE) NET AREA CONTAINING 69702.90 SQ. FT. 1.600 ACRES MORE OR LESS PARCELS MS 07-02 BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO. 13078) 269.39 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 67°30'34" WEST 385.89 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCEL 3, NORTH 25°12'24" WEST (NORTH 25°11'47" WEST PER SAID PARCEL MAP 11284) 201.79 FEET TO AN ANGLE POINT CORNER OF SAID PARCEL 3; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 26°15'29" WEST 68.05 FEET (NORTH 26°15'48" WEST 68.03 FEET PER SAID PARCEL MAP) TO THE NORTHWEST CORNER OF SAID PARCEL 3 OF SAID PARCEL MAP; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, NORTH 67°31'12" EAST 399.93 FEET (NORTH 67°31' 17" EAST 400.00 FEET PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING IN 86.00 WIDE PASEO DEL NORTE. GROSS AREA CONTAINING 105734.42 SQ.FT. 2.427 ACRES MORE OR LESS NET AREA (LESS AREA OF PASEO DEL NORTE, 86.00 FEET WIDE) NET AREA CONTAINING 82565.98 SQ. FT. 1.895 ACRES MORE OR LESS DOUGLAS'R. MELQHIOR, P.L.S. EXPIRATION: 9-30-10 DATE: 2-02-2009 PAGE 2 OF 2 M.S. 07-02 815EXHIBIT "B" PR - 08 - 64 LEGAL DESCRIPTION OF PARCEL 2 OF CITY OF CARLSBAD MINOR SUBDIVISION 07-02 A PORTION OF PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCEL 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO. 13078) 269.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO. 13078) 535.53 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 67°30'34" WEST 348.27 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCEL 3, NORTH 26°48'03" WEST (NORTH 26°47' 14" WEST PER SAID PARCEL MAP 11284) 438.65 FEET TO AN ANGLE POINT CORNER OF SAID PARCEL 3; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 25°12'24" WEST (NORTH 25°11'47" WEST PER SAID PARCEL MAP) 98.22 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 67°30'34" EAST 385.89 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING IN 86.00 FOOT WIDE PASEO DEL NORTE GROSS AREA CONTAINING 197,178.22 SQ.FT. 4.527 ACRES MORE OR LESS NET AREA (LESS AREA OF PASEO DEL NORTE, 86.00 FEET WIDE) NET AREA CONTAINING 151,123.59 SQ.FT. 3.469 ACRESJdORE OR LESS DOUGLAS R.IELCHIOR, P.L.S.EXPIRATION: 9-30-10 DATE: 2-02-2009 PAGE 1 OF 1 M.S. 07-02 PR 08-EXHIBIT C PLAT FOR COVENANT FOR EASEMENT FOR PRIVATE ACCESS AND PARKING, 816 DRAINAGE, STROM DRAIN FACILITIES PURPOSES OVER PARCELS 1 & 3 FOR THE BENEFIT OF PARCEL 2, ALL IN MS 07-02, CARLSBAD, CALIFORNIA. E(R) 68.05' N 2615'29" W N 25-12'24" W 300.01'N 26'48'03" W 738.65' INTERSTATE FREEWAY U.S. 5 LEGEND P.O.B. = INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING (R) = INDICATES RADIAL BEARING GRAPHIC SCALE 150 0 150 !£ SCALE 1" = 150 FEET 300 CURVE DATA A=ir20'36" R=557.00' L=110.27' A=ir23'13" R=643.00' L=127.79' = INDICATES PRIVATE ACCESS AND PARKING, DRAINAGE, STORM DRAIN FACILITIES, AND BEST MANAGEMENT PRACTICES (BMP) FACILITIES FOR STORM WATER TREATMENT TO BENEFIT PARCEL 2 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A UNE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 138 & CLSB 057, PER ROS 17271. I.E. N 30<17'19" W 4978.85' GRID EASEMENT PLAT CITY OF CARLSBAD SHEET 1 OF 1 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 PREPARED BY: DOUGLAS R. CJ L.S. 4611 EXP. 9-30-' 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 PR 08-64 A.P.N. 211-021-30 DATE 02-02-09 MS 07-02