The URL can be used to link to this page

Home My WebLink AboutSDP 2019-0012; RAF Pacifica Group-Real Estate Fund IV LLC; 2020-0347584; CovenantRECORDING REQUESTED BY DOC# 2020-034 7584 111111111111 lllll 111111111111111 lllll 11111111111111111111111111111111I WHEN RECORDED MAIL TO: Jul 01, 2020 03:35 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SAN DIEGO COUNTY RECORDER FEES: $188.00 (S82 Atkins: $150.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 212-093-05-00 212-093-12-00 Project ID: SOP 2019-0012 Related Project ID: PR 2020-0009 -------------Re I ate d Project ID: PUD 2019-0007 Project Name: RAF Pacifica Group Fusion 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) RAF PACIFICA GROUP -REAL ESTATE FUND IV, LLC, a California limited liability company, for an undivided 15%, ARKA MONTEREY PARK, LLC, a Utah limited liability company, for an undivided 67%, and 170 ARROWHEAD PARTNERS, LLC, a California limited liability company, for an undivided 18%, ALL AS TENANTS IN COMMON, hereinafter referred to as "Owner" creates a covenant for easement for the purpose stated hereon; over, across and upor1 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 t11e City. This covenant for easement is required by a condition of approval for a Site Development Permit number 2019-0012 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: 1 J:\Active Jobs\3140 RAF PACIFICA GROUP\CORRESPONDENCE\FROM\Final Engineering\Frorn Agency\20_0507 -Final Comments\Covenant of Easement\PC1\Covenant for Easement -PR2020-0009.doc REV 01 /25/13 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. Exhibit "C" is provided for clarity only. This covenant for easement provides for Parking, Drainage, and Reciprocal Access 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: RAF PACIFICA GROUP-REAL ESTATE FUND IV, LLC, a California limited liability company, for an undivided 15%, ARKA MONTEREY PARK, LLC, a Utah limited liability company, for an undivided 67%, and 170 ARROWHEAD PARTNERS , a California limited liability company, f d 18%, ALL AS TENANTS INC . # MQNfi,/ Sign Here Adam Robinson 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. 2 J:\Active Jobs\3140 RAF PACIFICA GROUP\CORRESPONDENCE\FROM\Final Engineering\From Agency\20_0507 -Final Comments\Covenant of Easement\PC1\Covenant for Easement-PR2020-0009,doc REV 01/25/13 APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney City of Carlsbad 3 J:\Active Jobs\3140 RAF PACIFICA GROUP\CORRESPONDENCE\FROM\Final Engineering\From Agency\20_0507. Final Comments\Covenant of Easement\PC1\Covenant for Easement -PR2020-0009.doc REV 01/25/13 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ___ "'""'-____ ...__....--__ __, (insert name and title of the officer) personally appeared J\lv:~tv\,r~ \l;1\) k1 /t/¾ 'S {:'\/'~ r , who proved to me on the basis of satisfactory evidence to be the p~rson(s) whose name¢XJ§fa{e sy,cbscribE}d to the within instrument and acknowlec:!9ed to mE: that(p 1 ~/s~e/tl')ey executed the same in {hi~/hftr/V1eir authorized capacity(i~s), and that by 4,i~fhqt/th¢r signature~) on the instrument the person($), or the entity upon behalf of which the p~rson(s) ?acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. {Seal) EXHIBIT "A" LEGAL DESCRIPTION OF COVENANT DRAINAGE, PARKING AND ACCESS EASEMENT PR 2020-0009 ALL OF LOT 32, OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 11288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985, TOGETHER WITH THAT PORTION OF LOTS 33 AND 34 OF SAID MAP 11288, AS DESCRIBED AS LOT "A" IN THE CERTIFICATE OF COMPLIANCE RECORDED MARCH 5, 1990 AS DOCUMENT NO. 90-116039, OF OFFICIAL RECORDS; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 32; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 32 SOUTH 10°20'19" EAST, 45.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 79°39'4 l "WEST, 28.00 FEET; THENCE NORTH 10°20'19"WEST, 46.44 FEET; THENCE SOUTH 79°39'41 "WEST, 50.00 FEET; THENCE NORTH 10°20'19"WEST, 60.00 FEET; '!HENCE SOUTH 79°39'4l"WEST, 25.00 FEET; THENCE SOUTH 10°20'19"EAST, 70.00 FEET; THENCE NORTH 79°39'4l"EAST, 15.00 FEET TO A LINE PARALLEL WITH AND 88.00 FEET WESTERLY OF SAID WESTERLY LINE OF LOT 32; THENCE ALONG SAID PARALLEL LINE SOU1H 10°20'19"EAST, 455.73 FEET; THENCE LEAVING SAID PARALLEL LINE SOU1H 79°39'4l"WEST, 143.62 FEET; THENCE SOUTH 23°52'38"WEST, 89.81 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 33; THENCE ALONG SAID SOU1HWESTERL Y LINE SOUTH 66°07'22"EAST, 3.00 FEET TO THE BEGINNING OF A TANGENT CURVE, HAVING A RADIUS OF 792.00 FEET, CONCAVE SOUTHWESTERLY; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE AND SAID CURVE SOffIHEASTERL Y 44.28 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°12'13"; THENCE DEPARTING SAID CURVE RADIALLY, NORTH 27°04'5 l "EAST, 20.00 FEET TO 1HE BEGINNING OF A NON-TANGENT CURVE, HAVING A RADIUS OF 812.00 FEET, CONCAVE SOUTHWESTERLY (A RADIAL TO WHICH POINT BEARS NORTH 27°04'5 l" EAST); THENCE SOUTHEASTERLY 86.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°04'26", (A RADIAL TO WHICH POINT BEARS NORTH 33°09'17"EAST); THENCE DEPARTING SAID CURVE NON-TANGENT NORTH 70°40'42"EAST, 93.77 FEET TO A LINE PARALLEL WITH AND 15 .00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LOT 33; THENCE ALONG SAID PARALLEL LINE NORTH 40°40'42"EAST, 94.55 FEET TO SAID WESTERLY LINE OF LOT 32; THENCE THE FOLLOWING (5) COURSE ALONG THE WESTERLY, SOUTHERLY, EASTERLY AND NORTHERLY LINES OF SAID LOT 32: (1) THENCE SOUTII 10°20'19" EAST, 19.30 FEET; (2) THENCE NORTH 40°40'42" EAST, 58.04 FEET TO THE BEGINNING OF A TANGENT 836.00 FOOT RADIUS CURVE, CONCA VE SOUTHEASTERLY; (3) THENCE NORTHEASTERLY, 364.63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°59'25"; (4) THENCE DEPARTING SAID CURVE NORTH 16°37'15" WEST, 355.41 FEET; (5) THENCE SOUTH 79°41'09" WEST, 330.00 FEET TO THE POINT OF BEGINNING. CONTAINING 223,887 SQUARE FEET (5.14 ACRES), MORE OR LESS. SEE EXHIBIT "C" ATTACHED HERETO. GARY D. MELLOM, PLS 8537 DATE PARCEL A EXHIBIT "B11 LEGAL DESCRIPTION OF BENEFITTING PROPERTY PR2020-0009 LOT 32 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985. APN: 219-093-05-00 PARCELB LOTS 33 AND 34 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985, AS DESCRIBED AS LOT "A" IN THE CERTIFICATE OF COMPLIANCE RECORDED MARCH 5, 1990 AS DOCUMENT NO. 90-116039, OF OFFICIAL RECORDS APN: 219-093-12-00 0) 3 "O ~ <(I N 0.. 0 w O::'. i-'.. ~ CJ) w > CJ) 0 '<:j" ..... ~ CJ) 1-z w ~ w ~ 6 z ~ O::'. 0 ~ > O::'. ::J CJ) 0:: ::J 0 O::'. (..9 (5 u:: ~ 0.. LL ~ 0 '<:j" ..... ~ (/) .0 0 --, ~ ~ --, ti.i ~ <( z w __J u:: l ti.i ~ 0 l-o __J EXHIBIT "C" VICINITY MAP GARY D. MELLOM, PLS 8537 DATE: o..L---------------,--------~------r-----:-----=-::=--:-:-:-:-:--:-=:1 PASCO LARET SUITER PARKING, DRAINAGE w SCALE: 1 "=1 OOO' PR 2020-0009 AND ACCESS EASEMENT ~ I ~~~(O)(C~~l!E~ 1-------------1 SOP 2019-0012 w San Diego I Solana Beach I Orange County APN: 212-093-05-00 SHEET 1 OF 2 ~ ~P~h~on;e~S;.;58~.2;;.;5~9;.8~21;.;2~1 www~~-P;lsa;e;n~g~inee~ri~ng~.co;;m~~A•P•N•: .2.1.2-.o.9111113-.1.2-.o.o.111111111111111_.111111111111111_.111111111111111 .. ._111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111_._lllld 0) ?; "'O ~ <(I N 0.. 0 w O'.'. ~ ~ CJ) w > CJ) a -.;:f" ..-~ CJ) 1-z w ~ w ~ 6 z ~ 0:: 0 ~ 0:: :::> CJ) 0: :::> 0 0:: (9 c) u:: ~ \ EXHIBIT" s10°20•19" 70.0 LOT 34 MAP 11288 --- N79°39'41"E 15.00' LOTA CARLSBAD ADJUSTMENT PLAT NO. 395 REC. 3/5/1990 DOC# 1990-116039, O.R. LOT 33 MAP 11288 PLAT " ---- LL ~ N70°40'42"E 0 -.;:f" ..-~ CURVE TABLE: / 93· 77' LINE TABLE: NO BEARING DISTANCE .0 0 ...., -~ ~ .:.; Li.i ~ <( z w ....J u:: I NO BEARING C1 3°12'13" C2 6°04'26" LEGEND RADIUS 792.00' 812.00' LENGTH 44.28' 86.08' PROPERTY LINE RIGHT-OF-WAY LINE f //////I -----CENTER LINE Li.i ~ ------ADJOINING o PROPERTY LINE l-g NOTE: BEARINGS AND DISTANCES BASED ON MAP 11288. ------------L 1 S10°20'19"E 45.00' L2 S79°39'41 "W 28.00' L3 N66°07'22"W 3.00' L4 N27°04'51 "E(R) 20.00' DRAINAGE, PARKING AND ACCESS EASEMENT, GRANTED HEREON 0..111----------------------r-----------,-------.----------------111 Li.i PASCO LARET SUITER SCALE=1"=150' ~ -----■ ~ fe\~~(Q)(C~fe\ulE~ w San Diego I Solana Beach I Orange County APN: 212-093-05-00 PARKING, DRAINAGE AND ACCESS EASEMENT SHEET 2 OF 2 ~ Phone 858.259.8212 lwww.plsaengineering.com APN: 212-093-12-00 CJ) ._ ______ IIIII\IIIIIIIIIIIIBIIIIIIIIII\IIIIIIIIIIIBIIIIIIIIIIIIBEllllilllllllll\lllllllll.---11111\111111111--11111\111111111-IIIIIIIIIIIIIIBERIIIIIIIIIIIIBEIIIIIIIBEIIIIIIIBEl!llllllllldlllllllBEIIIIIIIBEIIIIIIIBEIIIIIIIBERlllll------1111111