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Home My WebLink AboutPR 2.3.149; MG/ZB CARLSBAD ASSOCIATES #1; 1998-0745398; Covenant0 rlBE # & / jl 3 a i; gw& 1 gqEn-fyqpy ad RECORDING REQUESTED BY WHEN RECORDE3 MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 1 a ci G cii ~ .- ” 245, NOU IT 53 - i, .ru -3 P Liz 2gyIflL g4CnRB$ $AN BIEG? g$#\{ REMRjjEk’S %-Fig[ i;&G&j 3. SMTyH, 3JNTi; gEC@&ER fEExJ ; 7‘ gi Jt.”L III~~lllllliilclllll 1998-0745398 SPACE ABOVE THIS LINE FOR RECORDEF 4 .,.; ASSESSOR’S PARCEL NO. 212-130-3E PROJECT NO. & NAME: PR 2.3.149 FAIRWAY CORPORATE CENTER ,/ - - ---,‘>-, I “5’ / \q 1 I”\ :a / x~ 1 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) Carlsbad Associates #I, L.P., which will do business in California as MG/ZB C Associates #I, L.P., a Colorado limited partnership, hereinafter referred to as “Owner” CI covenant for easement for the purpose stated hereon; over, across and upon the real 1 described in Exhibit “A for the benefit of the property referred to in Exhibit “B”. This cc for easement may be released only according to the procedures established by laM determined by the City that the covenant is no longer needed to achieve the land use ! the City. This covenant for easement is required by a condition of approval for a building issued by the City of Carlsbad for development located on real property described in t Up and 6IBIY. 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. I 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 circulation, access and drainage over, and upon the burdened property for the benefit of the prclperty benefited as shown on I MastersIFormsICovenant for Easement 1 Rev. 4/26/97 0 0 246 ‘ID” and Exhibit “E” and shall be enforceable by the City and the Owner of the property bc 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 cove easement shall be binding upon and the benefit of the covenant for easement shall inur benefit of all successors in interest to the real property. Dated: I Carlsbad Associates #I, L.P., which will do business xyhf California as MG/ZB Carlsbad Associates #I, L.P., a Colorado limited partnership BY: MGA Carlsbad GP, LLC, a Colorado limited lia By: Miller Global Properties Ill, LLC, a Colorado company, general partner liability company, manager By: Miller Global Properties, LLC, a Colorado liability company, sole member and manal By: Miller Properties Group Ill, LLC, a Col~ By: ~~ limited liab’ %a> i co manager (sign here) . A (sigh here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASS SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOC1 ALTERNATELY A TRUCE COPY OF A RESOLUTION OF THE BOARD OF DIRECTOR IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPOF UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIG BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY 01 INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENAh EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THE APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ‘$L\ \.( __ .( Jl ( “\ b&, .City Attorney ’,.“- ’ 2 MasterslFarrnslCovenant far Easement Rev. 412819’ 0 247 EXHIBIT “A‘ PR 2.3.149 BURDENEDPROPERTY LEGAL DESCRIPTION PARCEL 2 PARCEL 2 OF PARCEL MAP NO. 17830, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21,1997 AS FILE NO. 1997-0129122 OF OFFICIAL RECORDS. SAID LAND CONTAINS 3.917 ACRES . 0 0 24 EXHIBIT "B" PR 2.3.149 BENEFITED PROPERTY LEGAL DESCRIPTION PARCEL 3 PARCEL 3 OF PARCEL MAP NO. 17830, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1997 AS FILE NO. 1997-0129122 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 3 LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL 3 DISTANT THEREON SOUTH O"00'24" WEST 452.20 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE NORTH 82'51'57'' WEST 312.46 FEET TO THE OF FERMI COURT. WESTERLY LINE OF SAID PARCEL 3, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE SAID LAND CONTAINS 3.784 ACRES I I I 1 I I ! i ! I i I I i I i i 1 1 __ SCALE# FEET It 249 200 0 200 400 600 F -N- SCALE 1" = 200' BOUNDARY DATA I @ A=108 '43 '50" R=60 ' L= 113.86 ' EXHIBIT "C 'I I I COVENANT FOR EASEMENT PLAT CITY OF CARLSBAD I SHEET 1 OF 1 PR 2.3.149 I *L """" """" - ACCESS CIRCULATION PATTERN IN PAVED AREAS, BLANKET IN NATURE ACROSS PARCEL 2 a : SCALI SHT 1 OF 1 P.R. 2.3.149 EXHIBIT 'D' - CIRCULATION & AC 'L SCALE IN FEET 0 t 251 LEGEND "-t DIRECTION OF DRAINAGE FLOW @ PROPERTY LINE PER PARCEL MAP NO. 17830 @ STORM DRAIN CATCH BASIN @ STORM DRAIN RETENTION AREA EXHIBIT "E 'I DRAINAGE PLAT SHEET 1 OF 1 CITY OF CARLSBAD PR 2.3.149 .< .* ., e e 252 i/C?LC./?RD,~ State of f3atkmk 1 County of SaMAege ) C , ry tf~m2 ) $2 '2jZ,\i'b<EpL - *7 I i On ., gAJ/,/;;'~ , / _I * (&_7iL"q /cs;? /& ,&i7-~&,c~,~&3 \-/iiG/ \. I' before me, (bate) ' f .,/ I (Name, Title of dffi /' - ,L% ,/ / personally appeared (?,<FG? / dr7 < L- 9' (Name[s] of Signer , personally known to me . (proved to me on the basis of satisfactory evidence) to be the person(s) whose r idare subscribed to the within instrument and acknowledged to me that he/$ executed the same in hislherltheir authorized capacity(ies), and that by hid signature(s) on the instrument the person(s), or entity upon behalf of which the PE acted, executed the instrument. WITNESS my hand and official seal i Signature of4iotGy ~y &Z?RWOE Expims ,&X 28, E%is ' .', \''J t , .. : t+ .*....... - .. u *: . 'I .- -. : ..- 3\18/3 tu: ". -1 'e-. k 1. r tl )e' 7 .y ; (This area fori ~.,4&~~o\\ , official nota$qsp5. * ***- c t..,... 3 MastenlFormslCovenant far Easement Rev. 4128197 , ,* < 0 e 253 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated August 31 1998 from MG/ZB Carlsbad Associates #1 , L.P. (Fairway Corporate Center) , to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the Citj 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: November 3,1998