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Home My WebLink AboutPR 3.4.247; PRICE COMPANY; 1995-0267705; Covenanti, . 0 /I ECORDING REQUESTED ity of Carlsbad BY : 957 1 1 1 C,JFi;;kL. ~J~.$:~ qg ?'i"GEf ;"::"" pgr.qQ@! 5 cz!T!;h . ^.__% ., .. "- &JH f $ iiriiu;, L.,i ^k . ..a- .-.n-i;';pu C$?T': C?$;.;q yr&y.r:. 4' ; '&T&Qi,! di;L:5$ rU*:i I\";'d k-.. i "8 .. I - ii" Lb, ;-!ij ".7 ',i ?r,?,-,r:-~l-. 3 .-. Air i' ' ibW= -.".-, c,q ,% .? I1 fi- - f ; ;?<\ bj; n; z A.2* ;&! . : n - .- !?b Z '.F < .! I, $0 WHEN RECORDED MAIL TO: j City Clerk I City of Carlsbad 1 1200 Carlsbad Village Drive ) :,, Carlsbad, California 92008 ) II 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 3.4.247- mp- Parcel No. 211"3o 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 VIA1f 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 ii 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 llA1l and 11B81. The property burdened by this covenant for easement is described as follows: See Exhibit llA1g attached hereto and made a part hereof. Exhibit rlC1l is provided for clarity only. Agreements/AG-5.FRM REV 05/30/95 .- 0 e 958 The property benefited by this covenant for easement is described as follows: See Exhibit ItBtt attached hereto and made a part hereof. Exhibit llC1l 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: June \3 , \Q9S The Price Company, a I California Corporation as Owner 1 ~~ By: &fignature) John D. Thelan (Print Name) Executive Vice President, The Price ComDanv (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 DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT,, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO Approved as,to form: dryrv€ NOdfL@/ #y&y Agreements/AG-5.FRH REV 05/30/95 I < 0 0 959 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS AlTACHED READS AS FOLLOWS: Name of the Notary: /v,-&l p$J&CL” ._ . Commission Number: b q 3 6’7’7 Date Commission Expires: d)cjC3f Lq?B County where Bond is Filed: %‘bbc Manufacturer / Vendor Number: /&&!I / Place of Execution: G:D/zTG Date: (,,// 33 i- f Signature: / ‘I - -. - 4/94 Rec. Form #R10 ’, 0 e 960 ’ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 personally appeared 0 personally known to me - OR - p proved to me on the basis of satisfactory evidence to be the person(% whose name&)@/& subscribed to the within instrument and ac- knowledged to me that@/slbe/twy executed the same in @/Mir/tkir authorized capacity(*), and that by @/t-Er/t@ir signaturev) on the instrument the personr;$), or the entity upon behalf of which the person(s) acted, executed the instrument. NAME(S) OF SIGNER@) 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) 0 GENERAL AVORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 71 84 Canoga Park, CA 91309-71 84 ,\ a 0 961 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 13O 13' 11" A DISTANCE OF 54.22 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89O 33' 25" WEST 333.91 FEET; THENCE NORTH OOo 25' 32" EAST 200.00 FEET; THENCE SOUTH 89O 34' 28" EAST 12.00 FEET; THENCE SOUTH OOo 25' 32" WEST 185.00 FEET; THENCE SOUTH 89O CURVE CONCAVE WESTERLY FROM WHICH THE RADIAL OF SAID CURVE BEARS NORTH 76O 21' 13" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 lo 29' 15" A DISTANCE OF 40.00 FEET; THENCE TANGENT TO SAID CURVE NORTH 02O 09' 32" EAST 207.84 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE SOUTH 87O 52' 30" EAST 35.50 FEET TO THE POINT OF BEGINNING. SAID PORTION EQUALS 0.37 ACRES. BURDENEDPROPERTY PR 3.4.247 33' 25" EAST 289.08 TO A POINT ON A NON-TANGENT 199.50 FEET RADIUS " , 0 0 962 Exhibit "B" PARCEL 2 OF PARCEL MAP NO. 17542 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, -%WE ,27 , 1995. BENEFITTED PROPERTY PR 3.4.247 *b r e 0 Y63 I 6- LOVENANT OF EASEMfNT FOR RECIPROCAL ACCESS. 0 60 /20 (c //i n = 547758" R = 235.00' L = 336 76' 180 I " \/ " I. ," q A92774" F 257.47' - I Scale I" = 60 ff ~ ~~ r ", - " -. . . -I_ I I I I COVENANTFOR €AS€M€NTPLA 7- I MS 95-01 I EXHBT "C" THE PRICE COMPANT I PR 3.4.247 I ~ ~~~ *’ c a 0 -,I, . 964 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 6/13/95 ,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 the City 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 lllzXiiR& ALEMA L. RAUTENKRANZ, City Cler