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Home My WebLink AboutPR 3.4.242; PRICE COMPANY; 1995-0267704; Covenant4- .I( e RECORDING REQUESTED City of Carlsbad BY : 949 1 1 1 ~-yqqp*l;i -=. $&:,' $iy ~-+J~J$+."y~~ 10 ",so &pi QFfif'fii; ;%.[]!:E &yj rJT?-rc .-w;::T:j r.vnsrg-Dr .- w- I cz, fifi Kfci Li,- ;;;! zlli!i L)LLJI; &$t j ,i.g:.gfi&t s 'SFFELL !$&!?<,; &>&!,$is C&;; ~ i &ti:r,d #E LdS IiG MW i. P -.?rn-?,~ CiTjT7u l;~,~rv I -,-y-!F!rp +-, ::.;- .?J- c rL. -*J i -Ad- " -. 2 r. y,. zr ; 1% OB WHEN RECORDED MAIL TO: i City Clerk 1 City of Carlsbad 1, \ *. 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1 I 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) - PR 3.4.242 - Parcel No. 211-040-30 The Price Company, 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 rlA1l for the benefit of the property referred to in Exhibit l1Bl1. 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 a Minor Subdivision Number 95-01 issued by the City of Carlsbad for development located on real property described in Exhibits I1A1l and lrBll. The property burdened by this covenant for easement is described as follows: See Exhibit l1AI1 attached hereto and made a part hereof. I1 Exhibit llC1l is provided for clarity only. II Agreements/AG-5.FRM REV 05/30/95 1 I1 -11. , ., 0 0 950 The property benefited by this covenant for easement is described as follows: See Exhibit IlBlI attached hereto and made a part hereof. Exhibit 81C81 is provided for clarity only. This covenant for easement provides for the reciprocal access and joint use of the parking lot driveway 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: Iuwz \3 , 199s The Price Company, a California Cornoration as Owner By: wignature) John D. Thelan (Print Name) Executive Vice President, I The Price Company (Title) (NOTARIAL ACKNOWLEDGEMENT 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 DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR THERETO . Approved as to form: EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT AgreemenWAG-5.FRM REV 05/30/95 * 0 9 951 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: A L2Uq p/ ... Commission Number: /Or/3f7? Date Commission Expires: &'r 2t3j 1798 County where Bond is Filed: CS%/!/~~C Manufacturer / Vendor Number: b&'A/ Place of Execution: ~/.JJc-% c Date: 6"/,3-$< Signature: 419 4 Rec. Form #R10 - -- - a: CALIFORNIA ALL-PURPOS P ACKNOWLEDGMENT 0 !3 5 2 No. 5907 before me, 1 f12da - P err y,, ni,+mj&b/tc , personally appeared rob 3 TL&O 1 0 personally known to me - OR - @ proved to me on the basis of satisfactory evidence to be the persons) whose nam%s@/a)?e subscribed to the within instrument and ac- knowledged to me that@/&e/tky executed the same in @/Mr/t[rqeir authorized capacity($@), and that by i /hXr/tMir signatureM on the instrument q t e personm, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and , ff iciai seal. NAME, T TLE OF OFFICER - E.G., "JANE DOE, ~OTARY PUBLIC" NAME(S) OF SIGNER(S) > SIGNATURE OF NOTARY OPTIONAL ~ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent ~ fraudulent reattachment of this form. I I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I ' I 0 INDIVIDUAL I 0 CORPORATE OFFICER I 1 I I TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) LIMITED ATTORNEY-IN-FACT NUMBER OF PAGES 17] TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: 0 GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 3- 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 .- e e 953 Exhibit "A" THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16860 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28, 1992, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 AS FOLLOWS: SOUTH 02O 09' 32" WEST 207.86 FEET TO THE BEGINNING OF A TANGENT 235.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17O 02' 30" A DISTANCE OF 69.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 89O 33' 25" WEST 341.36 FEET; THENCE NORTH OOo 25' 32" EAST 215.00 FEET; THENCE SOUTH 89O 34' 28" EAST 12.00 FEET; THENCE SOUTH OOo 25' 32" WEST 200.00 FEET; THENCE SOUTH 89O 33' 25" EAST 333.91 FEET TO A FROM WHICH THE RADIAL OF SAID CURVE BEARS NORTH 74O 37' 17" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3O 49' 19" A DISTANCE OF 15.68 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION EQUALS 0.17 ACRES. POINT ON A NON-TANGENT 235.00 FOOT RADIUS CURVE CONCAVE WESTERLY BURDENEDPROPERTY PR 3.4.242 . <,"...*. , "_ ",. _, .. . ii . ,>g-+".x.. . *: -<<-x .I: g -L ", , - /.@& yF:ivp.-:.. :At@ -~- i $&$5<<;$sg$,J p "#$;. /;&;$&$&\# &@*+$$, p.:$ $g6 F2,.., @$.& ' ",.". ,*X>? ""'E &?. g ., ;5, .,>,*I '?*, -4 :l""r 2-ky!;; $tp "&q . 2 +!I :\&.$.. 4. gF ,>\ :y<,;:, /.+- j?'% S& ;.- <A>. <:,. #.G& &?t' >. *<,& . -... a ' ,::,,+ ."~. - . " .- < 72- 0 0 954 Exhibit "B" PARCEL I OF PARCEL MAP NO. j7.Wz IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ,%buEa , 1995. BENEFITTED PROPERTY PR 3.4.242 - j .e li L' a 955 p/lAzcL I -I/" s 8 75023" E """ --" pRoposED PARC€L LfN! PER M5 95"0f 8 B€,N€Ff T TED f f?of?E~ T'I n = //2975" $& COVENANT OF EASEMENT FOR RECfPROCAL ACCESS. 'I IF 252.47' - COVENANT FOR EASEMENT PLA T EKHIBIT "C" MS 95-07 TffE PRICE COMPANY PR 3.4.242 r I I* * e. 956 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 6 / 13 / 9 5 , from The Price Company to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is hereby 'accepted by the undersigned officer or agent on behalf of the City of Carlsbad, .. California, pursuant to authority conferred by Resolution No. 91-71 of theCity of Carlsbad, adopted on March 5,1991, and. the grantee consents to the recordation thereof by it's duly authorized officer. DATED: June 26, 1995