HomeMy WebLinkAboutSDP 00-07; ; 2001-0103458; CovenantRECORDING REQUESTED BY AND, FEEi
WHEN RECORDED MAIL TO:
1
CITY CLERK 1 CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, CA 92008 1
q-2 L%.JY 2001 12=58 I=??4
OFFICIAL RECOFiDS SAN DIEGO COUNTY k!COliDER’S OFFICE GREGORY J. 941TH.1 COUNTY RECORDER FEES: 28.00
PRIVATE ACCESS EASEMENT
DECLARATION OF COVENANT S, CONDITIONS
A.P.N. 156-120-64
AND RESTRICTIONS
CITY OF CARLSBAD PROJECT No. SDP 00-07
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
is made this 5th day of February, 2001 by TIMOTHY E. NAGLE and
JOHN D. CONWAY.
WHEREAS, JOHN D. CONWAY and TIMOTHY E. NAGLE, their
successors or their assignees, hereinafter referred to as
"DECLARANT", are the owners of Assessor's Parcel Number 156-120-
64, that certain real property in the City of Carlsbad, County
of San Diego, State of California, described as follows:
All that land described in deed to John Conway, a Married
Man as his Sole and Separate Property, as to an undivided
50% interest, recorded in the office of the County
Recorder, San Diego County, State of California on November
2, 2000 as Document No. 2000-0594189, hereinafter referred
to as "Parcel A"; and
All that land described in deed to Tim Nagle, a Unmarried
Man as his Sole and Separate Property, as to an undivided
50% interest, recorded in the office of the County
Recorder, San Diego County, State of California on November
2, 2000 as Document No. 2000-0594191, hereinafter referred
to as "Parcel A"; and
WHEREAS the owners of Assessor's Parcel Number 156-120-67,
herein referred to as "RECIPIENT", that certain real property in
the City of Carlsbad, County of San Diego, State of California,
Page 1 of 6
described as follows:
All that land described in deed to Samuel Greg Hollander
and Marcia Hollander, trustees of the Hollander Family
Trust, recorded in the office of the County Recorder, San
Diego County, State of California on November 20, 1992 as
Document No. 1992-0747691, hereinafter referred to as
"Parcel N"; and
WHEREAS the owners of Assessor's Parcel Number 156-120-65,
herein referred to as "RECIPIENT", that certain real property in
the City of Carlsbad, County of San Diego, State of California,
described as follows:
All that land described in deed to Randy L. Reznicek and
Jana Reznicek, husband and wife, and Clinton Noland Voltmer
and Jane Kathleen Voltmer, trustees of the Voltmer 1993
Family Trust dated May 6, 1987 recorded in the office of
the County Recorder, San Diego County, State of California
on February 21, 1995 as Document No. 1995-0075155,
hereinafter referred to as "Parcel S"; and
WHEREAS, Parcel A, Parcel N, and Parcel S, hereinafter
referred to as the "PROPERTY", are set forth on a plat and
attached hereto as Attachment A and is incorporated herein by
this reference; and
WHEREAS the City of Carlsbad, in approving site development
plan SDP 00007 for Parcel A, requires DECLARANT to grant ingress
and egress rights across the proposed Parcel A driveway as shown
on City Drawing 391-5A for the benefit of Parcel N and Parcel S;
and
WHEREAS, to comply with said requirement of the City of
Carlsbad, DECLARANT desires to create a non-exclusive easement
for ingress and egress to Parcel N and Parcel S over and across
Parcel A for the use and benefit of RECIPIENT; and
WHEREAS the owners of Parcel A desire to impose covenants
and conditions in reference to the use, repair and maintenance
of said non-exclusive easement.
Page 2 of 6
. ‘-
NOW, THEREFORE, the owners of Parcel A hereby declare that
the PROPERTY is held and shall be held, conveyed, hypothecated
or encumbered, leased, rented, used, occupied and improved,
subject to the following covenants and conditions, all of which
are declared and agreed to be in furtherance of a plan of the
improvement of the PROPERTY and the repair and maintenance of
the non-exclusive easement for ingress and egress. All of the
covenants and conditions shall run with the land and shall be
binding on all parties having or acquiring any right, title or
interest in the property or any part thereof.
1. There is hereby created a non-exclusive easement for
passenger-type vehicular traffic for the ingress and egress to
Parcel A over the following described portion of the property:
A strip of land, hereinafter for convenience referred
to as the "EASEMENT", 24 feet in width and coincident
with the driveway alignment per City Drawing 391-5A
and as set forth on the plat map attached hereto as
ATTACHMENT A.
The use of said EASEMENT is not available to RECIPIENT
until the surface improvements per City Drawing 391-5A are
completed and approved by the City of Carlsbad; and
2. The right of RECIPIENT to use said EASEMENT is
conditional on RECIPIENT maintaining a route of ingress and
egress to a public right of way immediately adjacent to
RECIPIENT's property. Failure of RECIPIENT to maintain said
ingress and egress to a public right of way shall cause an
immediate revocation of this grant of easement; and
3. The right of RECIPIENT to use said EASEMENT is
conditional on RECIPIENT granting DECLARANT ingress and egress
rights to their respective properties, across similarly improved
driveway facilities that access said adjacent public right of
way; and
4. The right of RECIPIENT to use said EASEMENT is
conditional on RECIPIENT maintaining a valid $1,000,000.00
general liability insurance policy naming DECLARANT, DECLARANT's
Page 3 of 6
successors or assignees as additional insured. Failure of
RECIPIENT to maintain said valid insurance policy shall cause an
immediate revocation of this grant of easement. The following
requirements for proof of insurance shall be met and shall be
shown on a valid certificate of insurance:
i. Submittal of an original certificate of insurance document
to the current owners of Parcel A.
ii. Name, address and telephone number of insurance agency.
iii. Name, address and telephone number of insured (RECIPIENT).
iv. Company(ies) affording coverage.
V. Statement clearly certifying validity of document as proof
of insurance coverage.
vi. Provision and identification of the type of insurance as
General Liability with a minimum limit of $1,000,000.00
for each occurrence and aggregate for combined bodily
injury and property damage. The policy number, policy
effective date and policy expiration date shall be
provided. The insurance company writing the policy shall
have a rating of ‘A" and a size category of class V as
established by the "Bests" key rating guide.
vii. Provision and the identification of the current owners of
Parcel A as Additional Insured.
viii. Provision and identification of the current owners of
Parcel A as Certificate Holder using the following
address:
Pio Pica Office Building
Attn: Tim Nagle 2565 Pio Pica Drive, Suite A
Carlsbad, CA 92008
DECLARANT shall notice RECIPIENT of any change of
ownership of Parcel A in writing. Recipient shall provide
a replacement certificate of insurance naming the new
ownership of Parcel A. DECLARANT is responsible for the
insurance company's cost of issuing a replacement
Page 4 of 6
certificate of insurance naming the new ownership of
Parcel A as additional insured.
ix. The notification regarding Cancellation Procedure is
limited to the following: "Should any of the above
described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written
notice to the Certificate Holder named." Any exceptions
of the above declaration are unacceptable and shall
constitute a failure to provide valid insurance.
X. Original signature of authorized representative of
insurance carrier.
; and
5. That any and all costs, permits, approvals, equipment,
labor, etc., associated with constructing or modifying surface
improvements on Parcel A by RECIPIENT to effect the use of said
EASEMENT shall be the sole responsibility of RECIPIENT. Said
improvements shall be subject to the prior approval by
DECLARANT; and
6. Said EASEMENT is for the benefit of RECIPIENT only, is
not available for the general public's use and shall not be
construed as a public right of way. RECIPIENT shall allow only
passenger-type vehicular traffic onto and across said EASEMENT.
Excluded uses of said EASEMENT include, but are not limited to:
truck traffic; overhead, surface or underground utilities;
traffic from pedestrians, bicycles, skateboards, etc. Said
EASEMENT may only be accessed during normal business hours and
may be closed off by gate during off-business hours, weekends
and holidays; and
7. Each owner of Parcel A, Parcel N and Parcel S shall be
obligated to pay for any future maintenance and repair of
improvements within the EASEMENT on the following basis:
Owner of Parcel A - five-eighths (S/8)
Owner of Parcel N - three-sixteenths (3/16)
Owner of Parcel S - three-sixteenths (3/16)
Page 5 of 6
The DECLARANT or their designated representative shall have the
right to determine the necessity for any maintenance or repair
of said improvements, determine the costs of said maintenance or
repair and have a right to assess the owner of each parcel for
their proportionate share of the costs based upon the above pro-
rations. All assessments for said costs shall be billed to and
paid by the owner of the particular parcel and shall constitute
a lien on the parcel from and after the date that a notice of
delinquency is filed for record, which may be filed thirty (30)
days after the due date of said assessment. A lien created by
this Provision shall be perfected by the filing for record of
notice of delinquency. Said notice shall contain the amount of
the lien, the date it was incurred and a legal description of
the property liened. The lien may be enforced by the DECLARANT,
or their assignees, in the manner provided by law with respect
to a deed of trust or other lien of the said parcel. In order
to discharge the lien, the Owner of said parcel shall pay, in
addition to the amount of the lien, all costs and expenses
incident to the filing of the notice of delinquency and all
costs for foreclosure or other enforcement of the lien,
including reasonable attorney's fees. The DECLARANT, or his
assignees, shall record a release of lien upon satisfaction of
the lien.
IN WITNESS WHEREOF, TIMOTHY E. NAGLE and JOHN D. CONWAY,
owners of Parcel A, have caused this instrument to be duly
executed.
/
TIMOTHY E. NAGLE JOHN D. CONWAY
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO }ss.
I
On
personally appeared
Jodi K Schmtalts
, personally known to me
+Q-rwEa IO me on the Dasls C the person Y ) whose name $G=-
subscribed to the within instrument and acknowledged to me tha 0 he lv+they executed the same
.r authorized capacity(i on the instrument the
person 6 ) or the entity upon behal of which the person P acted, executed the instrument.
(Thus area lor official nolanal seal)
Title of Document
Date of Document
Other signatures not acknowledged
3008 (l/94) (General’
c . * ATTACHMEN? 'A'
0 1 70’ PUBLlC SEWER EASEMENT
GRANTED TO THE CITY OF CARLSBAD PER DOC. NO.
217613, O.R., REC’D U/27/70
. . . .
-8 - - ---G - - --
PI0 P/do DRIVE
PARCEL N
APN 156-120-67
SCALE: l-=40’
APN 756-120-64
SCALE: 1 “= 40’
PARCEL S
APN 156-120-65
-27’
-24’
APN 156-120-64 SDP 00007 PRIVATE ACCESS EASEMENT
lonway & Associates, Inc. Telephone (760) 753-1453 SHEET 1 OF I