HomeMy WebLinkAboutSDP 11-04; La Costa Bluffs LLC; 2012-0285548; Covenant4 f
DOCtt 2012-0285548
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
MAY 15, 2012 3:53 PM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 216-300-19 & 20
Project ID: SDP 11-04 & SDP 11-05
Related Project ID: PR 12-21
Related Project ID: ADJ 11-02
Project Name: La Costa Bluffs
COVENANT FOR EASEMENT
(Govemment Code Article 2.7 commencing
with Section 65870 of Chapter 4 of Division 1
of Title 7; Carlsbad Municipal Code Section 20.04.140)
La Costa Bluffs, LLC, 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 a condition of approval for site development
plans SDP 11-04 and SDP 11-05 issued by the City of Carlsbad for development located on
real property described in Exhibits "A" and "B".
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 provided for clarity only.
The property benefited by this covenant for easement is described as follows:
See Exhibit "B" attached hereto and made a part hereof.
1
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 4/15/10
Exhibit "C" is provided for clarity only.
This covenant for easement provides for drainage 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: OWNER:
Sign Here
Print Name Here
(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
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement
ACKNOWLEDGMENT
State of California
County of Los Angeles J
before me, Yeiena Osadchaya Notary Public
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence 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
his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal YELENA OSADCHAYA
Commission #1811165
Notary Public • California
Los Angalts County
MyComm.faplrasAug 26.2012 j
EXHIBIT A
BURDENED PROPERTY
THE SOUTHERLY 10.00 FEET OF THAT PORTION OF LOT 407 OF LA COSTA SOUTH UNIT NO. 5, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP
THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON MARCH 10,1970 MORE PARTICULARILY DESCRIBED AS FOLLOWS:
PARCEL C OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT IN THE CITY QF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOC NO. 2011-0672350 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 14, 2011
GARY >r MAGILL ^
EXHIBITS
BENEFITED PROPERTY
LOT 406 AND A PORTION OF LOT 407 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO.
6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 10,
1970 MORE PARTICULARILY DESCRIBED AS FOLLOWS:
PARCEL D OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOC NO. 2011-0672351 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 14, 2011
GARY H. MAGILL ^
EXHIBIT C
N 68'34'25" E
103.75' 103.75'
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PARCEL D
CERTIFICATE OF COMPLIANCE
DOC NO. 2011-0672351
AREA DESCRIBED IN
EXHIBIT "B"
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PARCEL C
CERTTIFICATE OF COMPLIANCE
DOC NO. 2011-0672350
.AREA DESCRIBED
EXHIBIT "A"
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SCALE IN FEET
SCALE: 1" = 30'
RANCHO COASTAL
EiSiiiiiiii i Siififlii
310 S. TWIN OAKS VALLEY ROAD #107-297
SAN MARCOS. CA, 92078
(760) 510-3152
GARY i*r. MAGILL >
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the
COVENANT FOR EASEMENT dated April 19, 2012, from La Costa Bluffs LLC to
the City of Carlsbad, California, a municipal corporation, is hereby accepted by
the City Council of the City of Carlsbad, California, pursuant to Ordinance No.
NS-422, adopted on September 16,1997, and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: May 7, 2012
(SEAL)
EISINGERjSenior Deputy Clerk