HomeMy WebLinkAboutPR 00-02; Rekab Properties, LP; 2000-0084966; Covenant. ‘*’ - . ‘. .
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Recorded at the request of
Chicago Title
RECORDING REQUESTED BY
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‘kb IS, 2000 II:21 f%l
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
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SPACE ABOVE THIS LINE FOR RECORDER’S USE
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vernment Code Article 2.7 commencing ‘ ,‘:I ,, 0 ,,
Section 65870 of Chapter 4 of Division 1 ‘1’ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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a California limited partnership, hereinafter referred to as ‘Owner”
creates a cover&&t foreasement for the purpose,stated hereon; bver&rcross and upon the real
-‘+!‘i, ‘G-’ property described in’Bxhibit ‘A”% for 3he benefit of the prop&&referred to!& Exhibifiji’B”. This
IL .-:,!i’ L ,i “ ;,;‘ i :*&i~i. ii : i.: I : “3 1 ,~, ((’ ‘(S L covenant for ea$e~gg$&t&~ be rel&sed only~acdoiding,,td~~ijie’procedure~“~sl~~~~~~~’by law if I :*_
it is determinecf ~~~,~~~~~~ &&the y: r( I f ;,: 2 I! ” si : ‘~ ,,f Lb
)“‘S .j ‘( Covenant is pqE@ger needed to ~@$i#$$&‘~#fid use go& 0 j I“/, ,Q’# ,.: 1‘ ““ : &i ‘Giii ; 1 “ ((1, f
ofthecity. I : ;‘I: :I ‘!, ,c ~, ,iI :i ,, i I’(! ‘, ,L 0 ,A )’ ~, , (:‘a: i ),’ “i “:i < _,/((,r ,,, (
This covenant foreasement is requiredl;I~‘~~~~~dRion of approval for a minor subdivision
number MS 99-I 0 issued by ‘tj#$C@@’ oF”‘Carlsba&+.i’i$or- d~el,~pm~~~“:l~cated on real property ‘, ’ ,’ Z‘ ~Jj !!I ‘;::;~~~‘:!,~’ ‘J$ : -), : , I’,,,,. i i :
described in Exhibits “A” and “B”. :s a ‘j 4qi*,. “5’: _“l..> j, ; 1 : i
The property burdened by this covenant for easement is described as follows:
See Exhibit “A” attached hereto and made a part hereof.
Exhibit “C” is provided for clarity only.
The property benefited by this covenant for easement is described as follows:
MasterslFormsXovenant for Easement
1
Rev. 4/28/97 4
See Exhibit “9” attached hereto and made a part hereof.
Exhibit “C” is provided for clarity only.
This covenant for easement provides for ingress, egress and parking over, across and
/ upon the burdened property for the benefit of the property benefited and shall be enforceable
1 by the City and the Owner of the property benefited and any successors in interest to the
property benefited by this covenant.
This covenant for easement shall run with the land, and the burdens of the covenant for
easement shall be binding upon a@ : ,Sj ; I benefit of all SUCCeSSOrS im,j&t&;;@$ (‘~,
r,~?r easemen t shall inure to the
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Dated: 02/08/00 ” ” ,’ ;Y=aiifornia timi&d artnershi
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8’ 3 IT 1s REC~MMENDE~.~HAT,.‘~~~~O~~~~~~‘~~~~~~~ION 0~ ~HI$,&$$&NANT FOR
EASEMENT, THE PARTIES CONSU~I- WITH THEIR ATTORNEYS Wlbt RESPECT
THERETO. (~ E.‘(’ ,:_> ,‘I:g ::.3il-:q,g e : : I:~riyj,i;i,;r;i:l!:,,,‘~,~; [ /‘L I I~$: ,p : !
APPROVED AS TO FORM: i,oi+iii”i’ ;.;@ Ed r:!“l$!,ilir~!!ii:~~~~~~~~~~-~~‘-,: .%j:J ;: .,[>~~‘r:r:“‘,:,iilj~~~~~~~~~~ .jljl] y. ‘.i3$: .].rq j+i l’i!” 1
Dep$y City Attorney
I Masters/Forms/Covenant for Easement Rev. 4/28/97
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3272
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF THAT PORTION OF LOT 4 OF CARLSBAD TRACT NO. 87-3, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "B":
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE THEREOF, N 22O29'25"W 199.60 FEET (N.22O29'22"W. - RECORD) * DEPARTING SAiD SOUTHWESTERLY BOUNDARY LINE, N.67°20'55"E. THENCE 104.80 FEET; THENCE N.22°40'01"W. 15.82 FEET; THENCE N.82O11'53"E. 234.54 FEET; THENCE N.08O04'53"W. 21.44 FEET; THENCE N.58O17'39"E. 26.80
FEET; THENCE N.86O06'31"E. 59.67 FEET TO A POINT IN A NON-TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS N.86O18'26"E., SAID POINT
ALSO BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF CAR COUNTRY DRIVE,
72.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 12242; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 18O47'24" AND AN ARC DISTANCE OF 110.19 FEET; THENCE TANGENT FROM SAID CURVE, S.22O28'58"E. 54.07 FEET (N.22O29'22"W. 54.06'- RECORD) TO THE MOST EASTERLY CORNER OF SAID LOT 4; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY BOUNDARY LINE THEREOF, S 67O30'46"W. 402.03 FEET (N.67O30'38"E. 402.00'- RECORD) TO THE P&NT OF BEGINNING.
CONTAINING AN AREA OF 1.749 ACRES
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3273
EXHIBIT "B"
LEGAL DESCRIPTION
ALL OF THAT PORTION OF LOT 4 OF CARLSBAD TRACT NO. 87-3, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A":
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY BOUNDARY LINE THEREOF,
N 67O30'23"E 154.09 FEET (N.67O30'38"E. 154.03'- RECORD) TO A
P&NT IN A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
50.00 FEET, SAID POINT ALSO BEING IN THE WESTERLY RIGHT-OF-WAY LINE
OF AUTO CENTER COURT, AS SHOWN ON SAID MAP NO. 12242; THENCE
SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY
LINE, THROUGH A CENTRAL ANGLE OF 63OO2'17" AND AN ARC DISTANCE OF
55.01 FEET (63OO1'58", ARC= 55.01'- RECORD); THENCE TANGENT FROM
SAID CURVE, S.85O31'54"E. 49.95 FEET (N.85°31'20"W. 50.00'- RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16O31'54" AND AN ARC DISTANCE OF 25.97 FEET
(16O31'20", ARC= 25.95'- RECORD); THENCE TANGENT FROM SAID CURVE,
S 69°00'00"E
BEGINNING 295.84 FEET (N.69°00'00"W. 295.78'-RECORD) TO THE
OF'A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 20.00 FEET; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81O56'12" AND AN ARC
DISTANCE OF 28.60 FEET (81O55'34' ARC= 28.60'- RECORD) TO A POINT
OF REVERSE CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF
336.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS
S.77O03'48"E. (N.77O04'26"W.- RECORD), SAID POINT ALSO BEING INTHE
WESTERLY RIGHT-OF-WAY LINE OF CAR COUNTRY DRIVE, 72.00 FEET IN
WIDTH, AS SHOWN ON SAID MAP NO. 12242, THENCE SOUTHERLY ALONG SAID
CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 16O37'46"
AND AN ARC DISTANCE OF 97.52 FEET TO A POINT IN SAID CURVE WHICH
BEARS A RADIAL LINE OF S.86O18'26"W.; THENCE NON-TANGENT FROM SAID
CURVE, S.86°06'31"W. 59.67 FEET; THENCE 5.58O17'39"W. 26.80 FEET;
THENCE S.08°04'53"E. 21.44 FEET; THENCE S.82O11'53"W. 234.54 FEET;
THENCE S.22°40'01"E. 15.82 FEET; THENCE S.67O20'55'W. 104.80 FEET
TO A POINT IN THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 4; THENCE
NORTHWESTERLY ALONG SAID SOUTHWESTERLY BOUNDARY LINE THEREOF,
N 22O29'25"W
BEGINNING.
. 361.01 FEET (N.22°29'22"W.-RECORD) TO THE POINT OF
'.
CONTAINING AN AREA OF 2.925 ACRES
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GRAPH;C SCALE
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PARCEL A
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CITTY OF ( -- ZARLSBAD
-ii&kNkiT FOR EASEMENT
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RONALD E ROTH, LS 5506
C
3275
State of California
County of San Diego )
on 02/08/00 before me, Lori Tibbett (Date) (Name, Title of Officer)’
personally appeared Robert H. Baker and Thomas J. Solomon
(Name[s] of Signer[s])
c personally known to me -OR -
(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
(This area for
official notary seal)
Title or Type of Document Covenant for Easement
Date of Document 02/08/00 No. of Pages 2
Signer(s) other than named above Deputy City Attorney for Ronald R. Ball,
City Attorney
:,* , * , -276 , ditt 0 - 0 -
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or grant deed dated
February 8,200O from Rekab Properties to the City of Carlsbad, California, a municipal
corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to
Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: February 17,200O
ijb(NICE BREITENFELD u
DEPUTY CITY CLERK
1200 Carlsbad Village Drive - Carlsbad, CA 92008-I 989 l (760) 434-2808 43
TITLE COMPANY PICK UP FORM
Name of Document(s)
Date Picked Up: oz]/ ?/ m Time Picked Up: IF- . ~~
/ /
Picked Up By: l/kL ‘3inrc2z>dW
Company Name: /aB * - &c+ 0 &$, & -
Q--y-J&
FEB-16-2000 WED 03:40 PM CITIV_OF CARLSBAD FAX NO. 76OAVI2 8558 P. 01
FAX TRANSMITTAL
Engineering Department
DATE: a- I& 00
TIME SENT:
AM PM TO: Dee
COMPANY: tsrlc< f&k c ce
PHONE NO:
FAX NO; /%q qro- &r7
Number of pages being transmitted: (including transmittal)
FROM: David Rick
DIVISION:
PHONE NO,
FAX NO:
Development Services
(760)602-2781
(760)602-8558
Special Instructions: pEp pfpL)-O\ d pp oo,az/pM w-ra Ccerf. 04 Cb +Q 34 3
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1635 Faraday Avenue l Carlsbad, CA 92008-7314 0 (760) 602-2720 0 FAX (760) 602-8562
H:\WORDUOCSMISMR Tmmirwl.Lc
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City of Carlsbad
Engineering Department
Easement or Covenant of Easement Routing Transmittal
To: City Clerk
From: l&b&l xw-
Date: 02-w OF- 00
Via the Following Routing List:
ACCEPTANCE OF EASEMENT(S)ICOVENANT OF EASEMENT(S)
(PROJECTIDNO.(S) vii Grs,-oI f 02- )
ROUTING INSTRUCTIONS:
Please review the attached easement document(s) for acceptability. If
acceptable please sign the attached Request for Approval to Accept Easement
form(s) as appropriate, initial transmittal and forward to the next person on the
routing list. City Attorney to additionally sign as to form any attached
subordination agreements. If found unacceptable please return the routing form
and easement(s) to the City Engineer with a note explaining the reasons for
rejection.
CITY CLERK INSTRUCTIONS:
Please attach the Certificate(s) accepting the easement or covenant of
easement and forward the easement and acceptance certificate for recordation.
Upon return, please forward a copy of the recorded easement(s) to the
Engineering Department.
Attachments d Request for Approval to Accept Easement Form(s) 1 Total
d Easement(s) 3 Total
2
Subordination Agreement(s) Total
Title Report
0 Other
cc File (Transmittal and request form only)
Senior Office Specialist (Transmittal for computer updating)
CMWD - Attn. Associate Engineer Whitley (when indicated)
P:\Docs\Misfomls~sement Or covmant Routing Tmls rev. 11118/97