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HomeMy WebLinkAboutSDP 06-04; Calavera Hills II LLC; 2007-0658081; Covenant2870 DOC# 2007-0658081 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 G R E G 0 RY J S MIT H, CO LI N T Y Fi E HI R D E R FEES 23.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-050-47 PROJECT NO. & NAME: SDP 06-04 Robertson Ranch East Village Affordable Site PR 07-58 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) Pedestrian 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. The property benefited by this covenant for easement is described as follows: 1 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2871 See Exhibit "B" attached hereto and made a part hereof. This covenant for easement provides for non-exclusive pedestrian 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. 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2872 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 © ' (0' D"7 A California limited liability company By: McMillin Companies, LLC, a Delaware limited liability company, it's Manager By: Name: Title: 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 By: Deputy City Attorney 3 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2873 State of California County of San Diego ) On ^40-01 before me, (Date) personally appeared hire . I (\l(\Q\ (NaVne, Title of Officer) (Name[s] of Signer[s]) L e"f5ersonally known to me -OR - D (proved to me on the bdbis uf satisfactory cvidonoo) to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in -bis/her/their authorized capacity(ies), and that by hie/fcer/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 signature of Notary ANN M. FUTO L Commission # 1546838 I Notary Public - California | San Diego County f My Comm. Expires Jon 23,2009f (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 2874 Exhibit "A" Page 1 of 1 Burdened Property 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. 1560ft filed in the Office of the County Recorder of said County of San Diego on Saptembpr IB^Qff?. However, the actual portion of the easement area is limited to pedestrian walkways and sidewalks installed within the property. 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. 2875