The URL can be used to link to this page

Home My WebLink AboutMS 800; Carlmart, LP; 1991-0038042; Covenant- ?> , '*.- ,* 3 0 1157 ";. =. .::: - ... ......... . c. :A - :? :== = ;=. .=. . ... :% F: ii. .. ._ = ." " ._ . .,'. . ..... '+ =:. . X? j. ~ . ,! -, .-- - : .! - I ...... .. ." . .. .- - ... - " , -~ " i ~ ~ -: -- - ,- .-, 7 :. : .. .-,:-. . ........... :" L:::.- . ii .. .1 - " -. .. " " ...... - - .... .... " " . ... ....... . ..- .... -,. . ,~_, . ,_ ,__ - "_ - - __,..,- '.,-, ..-:- ."""" - -. .-.->--.- - ._ . - . . , - : . "_" "_ .. ."".". i - . -i- . "." -: ~:,,-. -.-.,,; !-.,. .:."-i -<-,-; RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: 1 City Clerk 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 :.. .....,... ,.~ 1 1 1 .... ..,. . .. ... .... ,-: .. -..- ~ . - - , . . -. __ - : . . - i - 2 - . ' ." - .i - ". . . .- .._- _" _.: - . Ti"'. .. .. ... ... ..." '. I ."i ._, - Q&F 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) Carlmart L.P. hereinafter referred to as Owner creates i covenant for easement for the purpose stated hereon; over, acros: and upon the real property described in Exhibit IIAtt for the benefif of the property referred to in Exhibit llB1l. This covenant fo: easement may be released only according to the procedure: established by law if it is determined by the City that thc covenant is no longer needed to achieve the land use goals of thc City. This covenant for easement is required by a condition 0. approval for a Minor Subdvision Number 800 issued by the City o Carlsbad for development located on real property described i: Exhibits I1Avt and rrBrl. The property burdened by this covenant for easement i: described as follows: See Exhibit 11A1t attached hereto and made a part hereof. Exhibit ltC1l is provided for clarity only. The property benefited by this covenant for easement ii described as follows: See Exhibit llBll attached hereto and made a part hereof. Exhibit I1Ct1 is provided for clarity only. Agreements/AG-5.FRM 9; .i, ,-4"1- !fls - i,@ ,@ ., .* 0 1158 . r* .’ ’.’ . 1 * This covenant for easement provides for drainge over, acro: and upon the burdened property for the benefit of the proper1 benefited and shall be enforceable by the City and the Owner of tl. property benefited and any successors in interest to the proper1 benefited by this covenant. This covenant for easement shall run with the land, and tk burdens of the covenant shall be binding upon and the benefit c the easement shall inure to the benefit of all successors to tk real property. Dated: October 15, 1990 CARLMART, L.P. By: Carltas Development Company, m eneral Partner Chr’stopher C. alkins, Vice President tary (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED. NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY 0 ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THI DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD 0 DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY 0 INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHO SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FO EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPEC THERETO . THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING TH Approved as to form: Agreements/AG-5. FRM * 0 I I !? STATE OF CALIF0 COUNTY OF . . -y$n- Diego . . - .. I ISS. k 1253 a ._ S (: ' ;$ On-. October~. Is., 1.9.9-0 . . - . -~ ~ ~~-~ ~~, before me. the undersigned, a Notary Public in and for Chr.i.stophep -G. . Ga-Ikins- ~.~ -. - ~ and i 5 said State, personally appeared- ' L am . Liz~b-e-ch--A: ~ Ecke.. . . -. ~ ~~~ -~~~ ~~~, personally known to mej6by/bpbJepcfi/ry!@yit$$&$ ;k vice-.. President and-AssiS-ta!t Secretary, on behalf of __..__._ -~. -. .. ....._. ~~ ~~ . . . . & 5 fl,&$&d$d&d&&) to be the persons who executed the within instrument as- ~ . . . ~~~~ . . . . ~ 8 L'. LL .T m; o Q _. .-. L, b A -. C ar 1 t as-. P e.vel-o.~me n t - Cmp any_" , c '? thecorporation therein named,andacknowledged to me thatsaid ;" '41 corporation executed the within instrument pursuant to its by- 9 E lawsoraresolutionofitsboardofdirectors,saidcorporationbeing o 'o, known to me to be one of the partners of-. ~ ~ ~- ~ ~~ .~ . .. . E< LC oii Carlmart L P - ' the partnership that executed the within instrument, and ack; "~~ ."" -~."."3... ~.~ 2~ "%. ... . .. ~ ~~~~ . ~". .". . N Y nowledged to me that such corporation executed the same as % such partner and that such partnership executed the same. In /", -, 8 WITNESS my han an official m Signature- Jg.&/?z- "" ~ -___ (This area for official notarial seal) 4 0 0 1160 EXHIBIT "A" A PRIVATE DRAINAGE EASEMENT OVER, ACROSS AND UPON ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF DESCRIBED AS FOLLOWS: SAN DIEGO COUNTY OR OCTOBER 26., 1990, MORE PARTICULARLY PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID NORTHWEST CORNER OF SAID. PARCEL 2 OF SAID PARCEL MAP NO. 16274, THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 63"49'25" EAST 37.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID PARCEL 2 NORTH 63'49'25'' EAST 232.42 FEET; THENCE SOUTH 22'30'29" EAST 10.02 FEET; THENCE SOUTH 63'49'25" WEST 232.42 FEET; THENCE NORTH 22'30'29" WEST 10.02 FEET TO THE TRUE POINT OF BEGINNING. AREA OF PRIVATE DRAINAGE EASEMENT, PARCEL B: 2324.08 SQ. FT. . PARCEL MAP NO. 16274, NORTH 22'30'29" WEST 440.82 FEET TO THE , . . ". " . . e I 0 1161 EXHIBIT "B" PARCEL 1 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO. 16274, NORTH 22"30'29" WEST 440.82 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 16274; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 22'30'29" WEST 855.70 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 67"29'31" WEST 89.59 FEET; THENCE NORTH 73'47'24" EAST 586.52 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY SOUTH 26'10'00" EAST 727.64 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIAL BEARING OF SOUTH 63'50'00" WEST AND CENTRAL ANGLE OF 05'12'38" AND RADIUS OF 265.00 FEET; THENCE ALONG SAID CURVE 24.10 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1 HAVING A RADIAL BEARING OF NORTH 69"02'38" EAST; THENCE LINE OF SAID PARCEL 1 SOUTH 63'49'25" WEST 163.60 FEET; THENCE NORTH 26'10'35'' WEST 5.00 FEET; THENCE SOUTH 63'49'25" WEST 557.00 FEET TO THE TRUE POINT OF BEGINNING. LEAVING SAID WESTERLY RIGHT-OF-WAY WESTERLY ALONG THE SOUTHERLY ., 1 I * PARCEL J 0' EM, 130051 VICINITY N WINT OF WlNNlN6 Oz3Y45'33_" R= 335.00' URLTe DEVELOPMENT COMPMlY GENERAL PA& REG~~-~~PS;ION E!fPIREG : 9-30-94 U(EGUTIVE VICE. PpE(31oEtdT MELCI-llOR LAND SURVEYING INC. e731 PPLMER WAY SUITE 0 CARLSBAD, CA. 92006 (619)438-1726 JN. 974-09 9 -31 -90 COVENANT OF EA5E"ENT EXH/B/ 7 "C " .. *. & m 963 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated October 15, 1990 , from Carlmart L.P. """""""""""~""""""""~ to the City of Carlsbad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. 91-4 , adopted on January 8, 1991 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Januray 9, 1991 BY :