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HomeMy WebLinkAboutMS 07-02; CPT/SC Title Holding Corporation; 2009-0142983; CovenantRECORDED AT THE REQUEST OF CHiCAGO TITLE COMFttNY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 845 DOC# 2009-0142983 MAR 23, 2009 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 34.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 211 -021 -30 PROJECT NO. & NAME: Carlsbad Paseo MS 07-02 PR 08-68 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 25 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: 846 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 private easement for private drainage 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: "|/(ffJtexV\ *9 ^*^Q2M 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 for Southwest Carpenters PensAin Trust and B Pet^GTAylward, 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. Chang's China Bistro, Inc., a Delaware corporation Its:Lid 847 (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 _Deputy City AffoieyffoVie 848 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California . County of On Date personally appeared zed before me,'* j Uo-/**,ii Here Insert Name and Title of the Officer Name(s) of Signers) OFFICIAL SEAL ANTHONY SUMMERS NOTARY PUBLIC • State of ArizonaMARICOPA COUNTYMy Comm. Expkes June 15,2012 who proved to me on the basis of satisfactory evidence to be the person(£f whose name(^f is/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(fes), and that by his/her/their signature^fon the instrument the person^, 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 han< 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.NaOonalNotary.org Item #5907 Reorder: Call Toll-Fwe 1 -800-876-6827 4 849 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f&Ti DJ TJateT personally appeared Name(s) of Signer(s) S. C. BUCHfNAU CommlutornM7456«e Notary Public-California f San Dl«go County 1 C who proved to me on the basis of satisfactory evidence to be the personj^'whose namej(8^iare subscribed to the within instrument and acknowledged to me that '^(she/they executed the same irv-ftlstfier/their authorized capacity(jie8^ and that b\£f]j§/herAnw signature^on the instrument the person^, 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 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 4 850 EXHIBIT "A" PR 08 - 68 COVENANT FOR EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER A PORTION OF PARCEL 1 OF CITY OF CARLSBAD MINOR SUBDIVISION MS 07-02 FOR BENEFIT OF PARCEL B OF 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. 2002-0913260,0.R. 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: 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) 925.00 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 328.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55°50'26" WEST 15.12 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE OF SAID PARCEL 2, NORTH 26°48'03" WEST 296.81 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 87°22'38" EAST 4.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 75.00 FEET, A RADIAL BEARS SOUTH 2°37'22" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°56'43" A DISTANCE OF 11.71 FEET TO A POINT ON SAID CURVE, A RADIAL THROUGH SAID POINT BEARS SOUTH 11°34'05" EAST; THENCE LEAVING SAID CURVE SOUTHERLY SOUTH 26°48'03" EAST 289.13 FEET TO THE TRUE POINT OF BEGINNING. AREA CONTAINING: 4390.39 SQ.FT.0.101 DOUGLAS R. 'MELCHIOR, P.L.S. #4611 LICENSE EXPIRES 9-30-2010 DATED 2-02-2009 PAGE 1 OF 1 RE OR LESS M.S. 07-02 EXHIBIT "B" _ _ . OOl PR 08-68 LEGAL DESCRIPTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 18,2002 AS DOCUMENT NUMBER 20020913260 PARCEL B 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: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP NO 11284, 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) 925.00 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, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY LINE OF SAID LOT 4 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°36'10" A DISTANCE OF 210.01 FEET TO A POINT ON SAID EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS SOUTH 34°33'48" WEST; THENCE LEAVING SAID EASTERLY LINE SOUTH 36°14'37" WEST 423.11 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 41°33'09 WEST (NORTH 41°32'36" WEST PER SAID PARCEL 2) 36.16 FEET TO AN ANGLE POINT CORNER OF SAID PARCEL 2; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 33°48'36" WEST 151.34 FEET (NORTH 33°45'41" WEST 151.33 FEET PER SAID PARCEL 2) TO AN ANGLE POINT CORNER OF SAID PARCEL 2; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 26°48'03" WEST (NORTH 26°47'14" WEST PER SAID PARCEL 2) 161.34 FEET TO A POINT THAT BEARS SOUTH 26°48'03" EAST (SOUTH 26°47'14" EAST PER SAID PARCEL 2 AND 3) 738 65 FEET FROM A WESTERLY ANGLE POINT CORNER OF SAID PARCEL 3 OF SAID PAGE 1 OF 2 M.S. 07-02 852 PARCEL MAP; THENCE LEAVING SAID WESTERLY LINE NORTHEASTERLY NORTH 55°50'26" EAST 343.71 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING IN 86.00 WIDE PASEO DEL NORTE. GROSS AREA CONTAINING 104,503.08 SQ. FT. 2.399 ACRES MORE OR LESS NET AREA (LESS AREA OF PASEO DEL NORTE, 86.00 FEET WIDE) NET AREA CONTAINING 85,178.07 SQ. FT. 1.955 ACRES MORE OR LESS DOUGLAS R. MELGHIOR, P.L.S. #4611 LICENSE EXPIRES 9-30-2010 DATED: 2-02-2009 PAGE 2 OF 2 M.S. 07-02 EXHIBIT "C 853 PR 08-68 PLAT FOR COVENANT FOR EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER A PORTION OF PARCEL 1 OF CITY OF CARLSBAMINOR SUBDIVISION M.S. 07-02 FOR THE BENEFIT OF PARCEL B OF 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 COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, O.R. NJ4-3148" E(R) N 26'48'03" W 899.99' INTERSTATE FREEWAY U.S. 5 200 GRAPHIC SCALE 0 200 400 SCALE 1 = 200 FEET A=ir20'36" R=557.00' 1=110.27' A=2r36'10° R=557.00' L=210.01' = INDICATES PRIVATE DRAINAGE PURPOSES TO BENEFIT PARCEL BAREA = 4390.39 SQ.FT. N 11 34'05 W(R) 0.101 ACRES MORE OR LESS I LEGEND N 02'37'22" qC \ufo\ \ \«lt\J V^ P.O.B. = INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING (R) = RADIAL BEARING BASIS OF BEARINGS: DATA TABLE A=ir23'13" R=643.00' L=1 27.79' A=2r20'04" R=643.00' L=239.43' DETAIL SCALE 1"=100' N 33'48'36'' W 151.34' N 4r33'09" W 36.16' N 56'09'58" E(R) N 67'30'34'' E(R) N 67'30'34" E(R) N 56T07'21" E(R) N 26>48'03" W 300.00' LTI N 55*50'26 T THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 138 & CLSB 057, PER ROS 17271. I.E. N 301/19" W 4978.85' GRID 15.12' 4.37' EASEMENT PLAT CITY OF CARLSBAD " E N 87'22'38" E A=08'56'43" R=75.00' 1=11.71' SHEET 1 OF 1 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH MILSJLB 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010>i (760) 438-1726 PR 08-68 A.P.N. 211-021-30 DATE 02-02-09 MS 07-07