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HomeMy WebLinkAboutMS 12-01; Pacific Ridge School; 2014-0542595; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2014-0542595 Iii DEC 09, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-122-17-00 Assessor's Parcel No. Project ID Related Project ID Related Project ID Project Name MS 12-01 PR 13-13 Pacific Ridge School 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) Pacific Ridge School, a California non-profit public benefit 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 MS 12-01 number 12 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. 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: rofc/^/^ OWNER(S) Pacific Ridge School, a California non-profit public benefit corporation By: (Sign Here) Jay Lichter, Chair/President, Pacific Ridge School Board of Trustees Date: By: (Print Name and Title) Eugene Chen, Treasurer, Pacific Ridge School Board of Trustees Date: (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney BV: .MA Q?f RON KEMP \ Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Galtfornia County of. 'ego } On Onm- f%^m Date personally appeared re me„ " Here Insert Name and Title ttrtna ONioer Name(s) ol Signer(<) I** XOIAZ-( CommiMiM # 1I24SW iwWf rwHC • bMnornH 8w OidQO COMMy aConim.B«HTwW>H.20t5l who proved to me on the besis of s^factory evidence to be the persoi}[gJ)whose nam^ is^^ubscribed to the within instrument and acknowledged^to me that he/sherthw executed the same in hi|/her(^^)authorlzed capffi^d^, and tiiat byhis/her/|^p signatur^ on the instrument the persor|®Por the entity upon behalf of which the person({^ acted, executed the instalment. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. place Notary Seel Above WITNESS my hand and officill seal, SignaturQ-i^' ^^^.^ • " ~n J) Signature ot Notary PuliUc OtmONAL— Though the Information b^ow Is not required by law, It may prove valuable to persons relying on the document and could prevent Uauckilent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer<s) . Number of Pages:. Signer's Name:. • Individual Corporate Officer — Titl6(s): Partner —• Limited • General • • • Attorney in Fact • Trustee • Guardian or Conservator • Other: Top of thumb here Signer is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHT THUMBPRINT Of SIGrjEH Top of thumb here 02(Xr7NalknatNalaryAssodalion>S350DsSoloAm..P.aBa)i2402<Ch«l8ii^^ ltem*S907 Reorder Can To«-Fi«e1-800476'«827 3 EXHIBIT 'A' PR 13-13 LEGAL DESCRIPTION COVENANT OF EASEMENT FOR ACCESS PURPOSES "BURDENED PROPERTY" A PORTION OF PARCEL 'A' OF MS12-01: THAT PORTION OF PARCEL 'A' OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 3, 2011 AS FILE NO. 2011-0284871, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY TERMINUS OF THE WESTERLY RIGHT OF WAY LINE OF EL FUERTE STREET WHICH BEARS NORTH 05°5ri9" EAST (NORTH 05°51'45" EAST AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE); THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 05°51'19" WEST 204.16 FEET TO THE SOUTHEAST CORNER OF AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES RECORDED JUNE 14, 2007, DOCUMENT NO. 2007-0403830, OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING FOR SAID EASEMENT. THENCE ALONG THE SOUTHERLY LINE OF SAID EASEMENT NORTH 40°28'36" WEST 9.86 FEET; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT NORTH 00°00'09" WEST 14.33 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 110.00 FEET A RADIAL LINE TO WHICH BEARS NORTH 04°33'14" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 176.52 FEET THROUGH A CENTRAL ANGLE OF9r56'45"; THENCE SOUTH 87°31'09" WEST 43.02 FEET THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 102.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 32.51 FEET THROUGH A CENTRAL ANGLE OF 18°15'41"; THENCE SOUTH 69°15'28" WEST 32.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 280.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 153.72 FEET THROUGH A CENTRAL ANGLE OF 3r27'16"; THENCE SOUTH 54°48'28" WEST 23.87 FEET; THENCE SOUTH 08°13'06" WEST 133.30 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 322.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 71.60 FEET THROUGH A CENTRAL ANGLE OF 12°44'23" TO THE BEGINNING OF A REVERSE TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 202.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 48.17 FEET THROUGH A CENTRAL ANGLE OF 13°39'48"; Page 1 of 2 THENCE NORTH 79°51'26" WEST 23.09 FEET TO THE INTERSECTION WITH THE EAST LINE OF THAT STRIP LAND 60.00 FEET IN WIDTH AS DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID EAST LINE NORTH ir26'12" EAST 20.01 FEET (NORTH ir25'51" EAST AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE); THENCE LEAVING SAID EAST LINE SOUTH 79°5r26" EAST 2.62 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 222.00 FEET A RADIAL LINE TO WHICH BEARS NORTH 77°17"06" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 31.94 FEET THROUGH A CENTRAL ANGLE OF 08°14'35" TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 302.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 67.15 FEET THROUGH A CENTRAL ANGLE OF 12°44'23"; THENCE NORTH 08°13'06" EAST 141.91 FEET; THENCE NORTH 54°48'28" EAST 41.14 FEET; THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 260.00 FEET A RADIAL LINE TO WHICH BEARS SOUTH 12°33'01" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 151.08 FEET THROUGH A CENTRAL ANGLE OF 33°17'33"; THENCE NORTH 69°15'28" EAST 32.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 122.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 38.88 FEET THROUGH A CENTRAL ANGLE OF 18°15'41"; THENCE NORTH 87°31'09" EAST 26.04 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 130.00 FEET A RADIAL LINE TO WHICH BEARS NORTH 79°14'55" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 188.29 FEET THROUGH A CENTRAL ANGLE OF 82°59'15" TO THE INTERSECTION WITH SAID WESTERLY LINE OF SAID EASEMENT; THENCE ALONG SAID WESTERLY LINE SOUTH 19°12"42" EAST 0.78 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 00°00'09" EAST 19.34 FEET TO THE TRUE POINT OF BEGINNING; THE HEREINABOVE DESCRIBED PARCEL CONTAINS 14,599 SQUARE FEET/ 0.34 ACRES, MORE OR LESS AND IS SHOWN ON ATTACHED EXHIBIT "B". LORNE L. DAPRON, P.L.S. 7824 DATE Page 2 of 2 EXHIBIT "B" PR 13-13 LEGAL DESCRIPTION COVENANT OF EASEMENT FOR ACCESS PURPOSES "BENEFITTED PROPERTY" PARCEL'S' OF MS 12-01: THAT PORTION OF PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 3, 2011 AS FILE NO. 2011-0284871, BEING A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN LOT 16 OF MAP 14600, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, SATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 29, 2003 AS FILE NO. 2003-0631052 BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST BOUNDARY CORNER OF PARCEL 2 OF PARCEL MAP 19958 AS FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MARCH 27, 2006 AS FILE NO. 2006-0209765; THENCE NORTH 88° 00' 45" WEST 60.00 FEET TO A LINE THAT IS 60.00 FEET EAST MEASURED AT RIGHT ANGLES FROM THE EASTERLY BOUNDARY LINE OF SAID PARCEL MAP 19958; THENCE CONTINUING ON SAID LINE SOUTH 01° 59' 15" WEST 98.05 FEET; THENCE SOUTH 11° 25' 51" WEST 326.81 FEET; THENCE SOUTH 00° 34' 33" EAST 494.71 FEET; THENCE SOUTH 16° 42' 42" WEST 153.16 FEET; THENCE SOUTH 25° 13' 38" WEST 110.41 FEET; THENCE SOUTH 32° 20' 13" WEST 73.28 FEET; THENCE SOUTH 53° 39' 57" EAST 60.15 FEET TO THE SOUTHEAST BOUNDARY CORNER OF PARCEL 4 OF SAID PARCEL MAP 19958; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL MAP 19958, NORTH 32° 20' 13" EAST 81.20 FEET; THENCE NORTH 25° 13' 38" EAST 118.61 FEET; THENCE NORTH 16° 42' 42" EAST 166.75 FEET; THENCE NORTH 00° 34' 33" WEST 497.53 FEET; THENCE NORTH 11° 25' 51" EAST 325.46 FEET; THENCE NORTH 01° 59' 15" EAST 103.00 FEET TO THE NORTHEAST BOUNDARY COMER OF PARCEL 2 OF SAID PARCEL MAP 19958 AND THE TRUE POINT OF BEGINNING. LORNE L DAPRON, P.L.S. 7824 DATE Page 1 of 1 EXHIBIT 'C LEGEND ^x^^ INDICATES EASEMENT POC INDICATES POINT OF COMMENCEMENT TPOB INDICATES TRUE POINT OF BEGINNING ( ) INDICATES RECORD DATA PER CERTIFICATE OF COMPLIANCE RECORDED , JUNE 3, 2011 AS FILE NO. 2011-0284871. (R) INDICATES RADIAL BEARING © INDICATES EXISTING EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES RECORDED JUNE 14, 2007 AS INSTRUMENT NO. 2007-0403830 OF OFFICIAL RECORDS ASSESSORS PARCEL NO. 213-122-16 LEGAL DESCRIPTION PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED , JUNE 3, 2011 AS FILE NO. 2011-0284871. BASIS OF BEARINGS A PORTION OF THE WESTERLY RIGHT OF WAY EL FUERTE STREET I.E. N05°51'19"E (N05°51'45"E PER CERTIFICATE OF COMPLIANCE) LORNE'L. DaPRON, P.L.S. 7824 DATE SHEET 1 OF 3 GEOCENTRIC LAND SURVEYING 2150 N. CENTER CITY PKWY SUITE B ESCONDIDO, CA 92026 PH(760) 207-7824 FAX(760) 745-7824 COVENANT OF EASEMENT FOR ACCESS PURPOSES PACIFIC RIDGE SCHOOL CARLSBAD, CA PR 13-13 PUD 12-02 MS 12-01 EXHIBIT "C EL FUERTE STREET SCALE 1"=80' SEE LEGEND ON SHEET 1 SEE LINE AND CURVE TABLE ON SHEET 3 GEOCENTRIC LAND SURVEYING 2150 N. CENTER CITY PKWY SUITE B ESCONDIDO, CA 92026 PH(760) 207-7824 FAX(760) 745-7824 COVENANT OF EASEMENT FOR ACCESS PURPOSES PACIFIC RIDGE SCHOOL CARLSBAD, CA EXHIBIT 'C A=05''27'ir R=628.00' POC L=59.77' " "^lUbSlig-E 1019.53-(N05o^...^„^ 204.16' ^^^ ^ ^0^9-24') DETAIL 'A' SCALE 1"=20' LINE TABLE LINE BEARING DISTANCE Ll S87°31'09"W 43.02' L2 S69°15'28"W 32.72' L3 S54°48'28"W 23.87' L4 S08°13'06"W 133.30' L5 N08°13'06"E 141.91' L6 N54°48'28"E 41.14' L7 N87°3r09"E 26.04' CURV E TABLE CURVE DELTA RADIUS LENGTH CI A=9r56'45" R=110.00' L=176.52' C2 A=18°15'41" R=102.00' L=32.51' C3 A=3r27'16" R=280.00' L=153.72' C4 A=12°44'23" R=322.00' L=71.60' C5 A=13°39'48" R=202.00' L=48.17' C6 A=08°14'35" R=222.00' L=31.94' C7 A=12°44'23" R=302.00' L=67.15' C8 A=33°17'33" R=260.00' L=151.08' C9 A=18°15'41" R=122.00' L=38.88' C10 A=82°59'15" R=130.00' L=188.29' DETAIL "B" SCALE 1"=20' SEE LEGEND ON SHEET 1 SHEET 3 OF 3 GEOCENTRIC LAND SURVEYING 2150 N. CENTER CITY PKWY SUITE B ESCONDIDO, CA 92026 PH(760) 207-7824 FAX(760) 745-7824 COVENANT OF EASEMENT FOR ACCESS PURPOSES PACIFIC RIDGE SCHOOL CARLSBAD, CA PR 13-13 PUD 12-02 MS 12-01