HomeMy WebLinkAboutSDP 06-04; Calavera Hills II LLC; 2007-0658080; Covenant2861 DGC# 2007-0658080
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
OCT12, 2007 10:49 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES. 32.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Robertson Ranch East Village
168-050-47
SDP 06-04
Affordable Site
PR 07-59
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)
Vehicular Access over PA 15 in favor of PA 21
Calavera Hills II, LLC, a California limited liability company, 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 "A" 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 of the City.
This covenant for easement is required by Engineering condition of approval 36 of
Planning Commission Resolution No. 6243, incorporated by reference in City Council
Resolution 2007-049, issued by the City of Carlsbad for development located on real property
described in Exhibit "A".
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 attached for clarity only
1
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
2863
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 attached for clarity only
This covenant for easement provides for non-exclusive vehicular ingress and egress 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. The owner of the property burdened by this
covenant for easement shall, at all it's own expense and without cost sharing obligations, keep
the easement improvements in reasonably good maintenance and repair; provided, however,
the owner of the property benefited by this covenant for easement shall be obligated to
reimburse the owner of the property burdened by this covenant for easement for any
extraordinary maintenance or repair caused by the negligent or intentional actions of the owner
or tenants or invitees of the property benefited by this covenant for easement; provided, further,
the owner of the property benefited by this covenant for easement indemnifies the owner of the
property burdened by this covenant for easement for any cost, liability, damage, expense,
including, but not limited to, reasonable attorneys fees, that are incurred by the owner of the
property burdened by this covenant for easement as a result of the negligence or intentional
actions of the owner of the property benefited by this covenant or its tenants or invitees.
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
2863
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: Calavera Hills II, LLC
&-' 10 'Pi A California limited liability company
By: McMillin Companies, LLC,
a Delaware limited liability company,
it's Manager
By:
Name: _2JW H
Title: /*r i/- f-
By:
Name:
Title:
(NOTARIAL ACKNOWLEDGMENT 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 TRUCE 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 SIGNED 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:
RONALD R. BALL
City Attorney
3
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
2864
State of California
County of San Diego )
On ft~lQ~L) I before me,
(Date)
/nva m.fido
(Name
a
, Title of Officer)
personally appeared Don
(Name[s] of Signer[s])
_,. ffl^personally known to me -OR - D
(proved to me oil Lliu Uooio of (satisfactory ovidonce) 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 kie/hef/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
ignature of Notary —/
ANN M. FUTO
Commission* 1546838
Notary Public - California
San Diego County
My Comm. Expires Jan 23 I
(This area" for
official notary seal)
Title or Type of
Date
Document
Signer(s) other
Document
of
than named above
No. of Pages
Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
2865
JULY 30, 2007
J.N. 011014
EXHIBIT *A'
LEGAL DESCRIPTION
VEHICULAR ACCESS EASEMENT
P.R. 07-59
THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH
EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.l5(oQ6 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO
ap-Umber I ft 2cX3r? , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 1 SOUTH 08°20'52" EAST, 30.00 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF GLEN AVENUE; THENCE
LEAVING SAID EASTERLY LINE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY
SOUTH 81°39'08" WEST, 74.81 FEET TO THE BEGINNING OF A NON-TANGENT
20.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 77°51'38" WEST, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY AND SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°29'14" AN ARC
DISTANCE OF 7.15 FEET; THENCE TANGENT TO SAID CURVE SOUTH
08°20'52" EAST, 95.97 FEET TO THE BEGINNING OF A TANGENT 63.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°17'29"
AN ARC DISTANCE OF 35.51 FEET TO THE BEGINNING OF A REVERSE 87.00
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°11'26"
AN ARC DISTANCE OF 47.36 FEET; THENCE TANGENT TO SAID CURVE SOUTH
09°26'55" EAST, 54.90 FEET TO THE BEGINNING OF A TANGENT 20.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88° 59 '52"
AN ARC DISTANCE OF 31.07 FEET; THENCE TANGENT TO SAID CURVE NORTH
81°33'13" EAST, 31.82 FEET TO A POINT ON SAID EASTERLY LINE OF
SAID LOT 1; THENCE ALONG SAID EASTERLY LINE SOUTH 08°26'47" EAST,
34.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 81°33'13"
WEST, 74.89 FEET; THENCE NORTH 09°26 ' 55" WEST, 108.14 FEET TO THE
BEGINNING OF A TANGENT 63.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 31°11'26" AN ARC DISTANCE OF 34.30 FEET
TO THE BEGINNING OF A REVERSE 87.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 32°17'29" AN ARC DISTANCE OF 49.03
FEET; THENCE TANGENT TO SAID CURVE NORTH 08°20'52" WEST, 95.97
FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
2866
JULY 30, 2007
J.N. 011014
CENTRAL ANGLE OF 20°29'14" AN ARC DISTANCE OF 7.15 FEET TO A POINT
ON SAID SOUTHERLY RIGHT-OF-WAY OF GLEN AVENUE; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY AND NON-TANGENT TO SAID CURVE NORTH
81°39'08" EAST, 26.53 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 8,894 SQUARE FEET MORE OR LESS
O:\Legal_Descriptions\011014\PA15VACC.LD.doc
Exhibit "B"
Page 1 of 1
Benefited Property
Lot 2 and Lot 11 of CARLSBAD TRACT NO. 02-16, ROBERTSON
RANCH EAST VILLAGE, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 15608, filed in the Office
of the County Recorder of said County of San Diego on September 18, 2007.
2867
LEGEND:
77/777 VEHICULAR
ACCESS EASEMENT
SUBDIVISION BOUNDARY
CT 02-16
LOT UNE
— EXISTING EASEMENT
SUBDIVISION
BOUNDRY
CT 02-16
LEGAL DESCRIPTION:
PORTION OF LOT 1 OF CARLSBAD TRACT
NO. 02-16, ROBERTSON RANCH EAST VILLAGE
IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO.
OJY OF
HIGHWAY
FUTURE SUMMIT
TRAIL COURT
(PRIVATE)^
150
SCALE: 1" = 300'
an OF
SAN MARCOS
BASIS Or BEARINGS.
THE BASIS OF BEARINGS FOR THIS PLAT IS
THE EASTERLY UNE OF ROS 17111
/.£ SOUTH 04'13'22" WEST.
STY OF ENONITAS
VICINITY MAP
NO SCALE
CONSULT T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
EXHIBIT 'C'SHT. 1 OF 2 SHTS.
CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT
REQUESTED BY:
MCMILUN COMPANIES, LLC.
P.O. BOX 85104
SAN DIEGO, CA 92186-5104
PREPARED BY:
PATRICKAL O'C
P.R. 07-59
APM 168-050-47
DATE 7-30-07
G:\0110U\0114-PA15VACC.DWG Aug 13, 2007 11:02am
Xrefs: 0114kmap; 0114lgrd
2869
DATA TABLE:
^/
2
J
4
5
6
7
8
9
10
11
12
13
14
15
16
17
DELTA/BEARING
S 08'20'52" E
S 81'39'08" W
A =20'29'14"
S Off-20'52" E
A =32'17'29"
A=Jrtf'26"
S 09'26'55' E
A =8ff59'52"
N 81'33'13" E
S Od-26'47" E
S Sf'JJ'fJ" W
N 09'26'55" W
A =3ni'26"
A =3?17'29~
N Od-20'52" W
A =2(T29'14'
u ffi'ia'na* c
RADIUS
20.00'
63.00'
87.00'
20.00'
63.00'
87.00'
20.00'
LENGTH
30.00'
74.81'
7.15'
95.97'
35.51'
47.36'
54.90'
31.07'
31.82'
34.00'
74.89'
108.14'
34.30'
49.03"
95.97'
7.15'
OK <r?'
CONSULT T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultante.com
Civil Engineering
Planning
Processing
Surveying
GLEN AVEMUE N7T5138*W (R)
ME COR.
LOT 1
WATER
EASEMENT
P.R. 07-23 AREA=
8,894 S.f.
GENERAL UTILITY' _
ACCESS EASEMENT
PER P.R. 07-22
E'LY
LOT LINE
FUTURE SUMMIT^—i
W
TRAIL_ COURT_
'(PRIVATE)
LOT 1
MAP
60
SCALE: 1" = 60'
EXHIBIT 'C'SHT. 2 OF 2 SHTS.
CITY OF CARLSBAD- VEHICULAR ACCESS EASEMENT
REQUESTED BY:
MCMILUN COMPANIES, LLC.
P.O. BOX 85104
SAN DIEGO, CA 92186-5104
PRERfRED BY:
PATRICK
R.C.L 27214(fEXP. 3/31/09
P.R. 07-59
A.P.N. 168-050-47
DATE 7-30-07
G:\011014\0114-PA15VACC.DWG Auq 13, 2007 11:02am
Xrefs: 0114kmap; 0114lgrd