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Home My WebLink AboutCT 80-46; ; 2023-0086735: CovenantDOC# 2023-0086735 1111111111111111111111111111111111111 lllll 1111111111111111111111111111 RECORDING REQUESTED BY Apr 04, 2023 03: 15 PM OFFICIAL RECORDS JORDAN Z MARKS, WHEN RECORDED MAI L TO: SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 156-200-28-00 & 156-200-32- 00 Project ID: CT80-46 -----------Re I ate d Project ID: PR2022-0003 -----------Re I ate d Project ID: PD2021 -0043 -----------Project Name: HIGHLAND DRIVE 5 LOT SF RESIDENCES 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) CW Signature F1 LLC, a Delaware 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 "A". 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 the City of Carlsbad for development located on real property described in Exhibit "A". The property encumbered by this covenant for easement is described as follows: See Exhibit "A", Encumbered Lots, attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. The properties benefited by this covenant for easement is described as follows: 1 ~:IC:EDILa~dDev\PROJECTSIPD\PD 20211PD2021 -0043 CT 80-46 Highla,.'.'~. ~~i~~ ~.~,t SFR -Rick\PR2022-0003 COE Water Quality Basin\PR2022-0003 Covenant for See Exhibit "A", Benefited Lots, attached hereto and made a part hereof. E~hibit "B" is provided for clarity only. This covenant for easement provides for DRAINAGE AND WATER QUALITY TREATMENT purposes 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: 0~101 /2023 OWNER: CW Signature F1 LLC, a Delaware Limited Liability Company By: CWS FUND1 MGMT LP., a California limited partnership Its: Managing Member By: CW Proj Mgmt LLC., a California limited liability company ~~ Sign Here DON FONTANA Print Name Here (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) 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: CINDIE MCMAHON City Attorney By:_~_R_O_N_K_E-M-~----- Senior Assistant City Attorney City of Carlsbad 2 Q:ICEO\LandDev\PROJECTS\PDIPD 2021\PD2021-0043 CT 80--16 Highland Drive 5 lot SFR -Rlck\PR2022-0003 COE Waler Quality BaslnlPR2022·0003 Covenant ror F~sRmAnt rlnr. REV 02/18/21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A r~wuy publre o, other offlw eo,11 pl~tl~,g Ufr~ eeit.f,e;!tte \Jerifie~ o~ 1y' the lde~li\y ofllie indiiv1d u~I who ~g 11~t1 thed<ieu nte,1t lo which this ci:iti11cate is a\l;)C:hed , M/J not tile \Mhfu1nim, aiccuracy, o, va!ldrty of 1hAf document, State of Call ror n 19 . County of btl J)J 0 On H-bru,ary 7 / 1023 Date who p1oved to me on the b~1sis of satisfactory evld,ence-to b-e the person(s) whose n,1me/si is/are subsctlbed to t11e within Instrument and acknowledged to me that he/shelthe y ex:ecut~d th1e same In his/her/their author12:e<:1 ca paclty(res}. and th<1 t by lhls.lh-er/th-oir s1gnat,1rc:•(Sj on the 1nstr1.1m~mt the 1pers<m(s). ~r tille entity upon behalf of which the perso11(5) acted, ◊KCt;uted tho lnstrumont, ~ ········~ VICKY H, MARIO : ~otary Public -California z t ·. San Ol~o County i :, Commission II 2389658 ~ t y Comm, Expires Jan 5, 2026 Pi(}(;C Neto ry Sc-al cttdlor Stomp Aoovc I cetrtlfy under PENAL TY OF PER.JURY under the laws of the Sta-to of CBllfornla that tho foregoing ,:,arc1g rc1ph is \r1,.10 anct correct. Wl'fNESS my hand .and oflicl al seal. Signature S gnature of Notary Public OPTIONAL (;QmplEJting till$ hiforniq(iQtl cgtl d~tt?r (J'/f~fi:/tlQn -Qf (~ c;Jq,,:.1,unenf or fraudulent reattachment of this form to on unintended document Description of Attached Document TUle or Type of Do~ument: ________________________ _ Documl!nt D::ite: _____________________ Nu,mber of f>.nges: ___ _ Sagneir(s) Othor Thari Named Abo-ve: __ _ Capadty(les) Clalmed by s,gner(s) Sngne,·s Name: , _ .. _ . __________ . . ... __ . . Signer's Name: • □, Corp¢rate Cf.fleer -Tl tle{S)•: ______ _ □ Corporato Officer -Tltle(s): ______ _ □· Par~I\N -□ Llml1od a General □ Partner -o Llmltod o GC'ncm1I o: lndivldu.:il o Attorney In Fac t □ In dlvidunl □ Attorney I 11 Fa.ct 0 ; Trustee o Goordl~n or Coi1S(;'tW1tor □ Truste.e □ GU<1rdl1m c.-r-Cor.is~rvotor □ Oth Of: □ Other: S~gner Is Representrng: .. Signer Is Representing:_ 88 ■ ....... • ...... ! ( . -.. -.... : ·••• 8 l ••a ';;12019 NetioMI Notary Assrx:iatlon 3 •• Q:ICED\LandDev\PROJECTSIPD\PD 2021\PD2021-0043 CT 80-46 Highland Drive 5 lot SFR • Rick\PR2022--0003 COE Water Quality Basin\PR2022-0003 Covenant for Easemenldoc REV 02/18/21 EXHIBIT "A" DESCRIPTION PR2022-0003 PARCEL 1 (WATER QUALITY BASIN) AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER A PORTION OF LOT 5 OF CARLSBAD TRACT NO. 80-46 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10595 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16TH, 1983 BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 5; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5 SOUTH 34°33'00" EAST, 8.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34°33'00" EAST, 136.53 FEET; THENCE ALONG THE SOUTHEASTERLY LINES OF SAID LOT 5 NORTH 55°27'00" EAST, 13.56 FEET TO THE BEGINNING OF A TANGENT 71 .50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE CONTINUING NORTHEASTERLY, 27.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 °20'40"; THENCE DEPARTING SAID CURVE NON-TANGENT AND SAID SOUTHEASTERLY LINE NORTH 56°53'40" WEST, 6.10 FEET; THENCE SOUTH 55°22'52" WEST, 33 .06 FEET; THENCE NORTH 34°34'24" WEST, 71 .45 FEET; THENCE NORTH 55°27'00" EAST, 3.78 FEET; THENCE NORTH 34°33'00" WEST, 54.10 FEET; THENCE SOUTH 55°27'00" WEST, 9.12 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,269 SQUARE FEET, MORE OR LESS. SAID EASEMENT IS FOR THE BENEFIT OF LOTS IN CARLSBAD TRACT NO. 80-46 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10595 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1983. SAID BENEFITED LOTS ARE LISTED BELOW. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. ENCUMBERED LOTS BENEFITED LOTS LOTS LOTS 4, LOT 5, LOT 6 l ~ ~/26/2023 AXIMILJANLEBL,PLS93~ DATE PASCO LARET SUITER ~ ffi\~~(Q)(Cjffiff[E~ San Diego I Encinitas I Orange County Phone 858.259.82121 www.plsaengineering.com PLSA 3661 LEBL LS 9323 STORM DRAIN EASEMENT SHEET 1 OF 2 EXHIBIT "A" DESCRIPTION PR2022-0003 PARCEL 2 (WATER QUALITY BASIN) AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 80-46 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO . 10595 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16TH, 1983 BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1 NORTH 55°22'18" EAST, 49.62 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 37°46'06" EAST, 58.12 FEET; THENCE NORTH 34°23'00" WEST, 42.40 FEET TO A NORTHWESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 15°44'38" WEST, 38.87 FEET TO THE BEGINNING OF A TANGENT 96.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE CONTINUING SOUTHWESTERLY, 66.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°42'22" ;THENCE SOUTH 55°27'00" WEST, 13.56 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 SOUTH 34 °33'00" EAST, 13.03 FEET TO THE POINT OF BEGINNING. CONTAINING 2,342 SQUARE FEET, MORE OR LESS. SAID EASEMENT IS FOR THE BENEFIT OF LOTS IN CARLSBAD TRACT NO. 80-46 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO . 10595 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1983. SAID BENEFITED LOTS ARE LISTED BELOW. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. ENCUMBERED LOTS LOT 1 M PASCO LARET SUITER ~ ffe;i~~(Q)(Cjffe;i7f[E~ San Diego I Encinitas I Orange County Phone 858.259.82121 www.plsaengineering.com BENEFITED LOTS LOT 1, LOT 2, LOT 3, LOT 4, LOT 6 1/26/2023 DATE PLSA 3661 LEBL LS 9323 STORM DRAIN EASEMENT SHEET 2 OF 2 EXHIBIT "B" (N34 °33'00"W 182.59') PLAT PR2022-0003 EASEMENTS OF RECORD LOT3 -M P.O.B. \ \ LINE TABLE: N34°33'00"W 13.03' N34°33'00"W 25.00' LOT2 00 1-------- "<I" N ('() LU N lO N N 0 lO lO ~ LOT4 ,f:§~~ ~JI-~'\ LOTS SEE SHEET 2 /FOR DETAIL b 144.61' (N34°33'00"W 182.64') LOT 1 0 M HIGHLAND DRIVE 0 b CV) L1 (0 --------~--- b C') SCALE: 1" = 50' c._~--=-~-•-=--■1 ••• 1 ___ ~1 b C") 0 50 100 150 PASCO LARET SUITER SCALE = 1" = 50' ~ ffe.~~~C!ffe.llE~ San Diego I Encinitas I Orange County Phone 858.259.8212 I www.plsaengineering.com PLSA 3661 0 SAN DIEGO GAS & ELECTRIC COMPANY HOLDER OF AN EASEMENT FOR UTILITY PURPOSES RECORDED AUGUST 19, 1936, BOOK 540, PAGE 390 OF OFFICIAL RECORDS. ALONG NORTHWESTERLY LINE, NO WIDTH GIVEN 2 SAN DIEGO GAS & ELECTRIC COMPANY HOLDER OF AN EASEMENT FOR UTILITY PURPOSES RECORDED APRIL 21 , 1982, DOCUMENT NO 82-112670 OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. ~ 0 EASEMENT FOR VEHICLE ACCESS AND : PARKING PURPOSES PER MAP 10595 ~ RECORDED FEBRUARY 16, 1983, DOCUMENT NO 83-050554 OF OFFICIAL RECORDS.[AFFECTS LOT 2] .,.... ~ 0 EASEMENT FOR VEHICLE PARKING tg PURPOSES PER MAP 10595 RECORDED ~ FEBRUARY 16, 1983, DOCUMENT NO. 83-050554 OF OFFICIAL RECORDS. [AFFECTS LOT 3] 0 EASEMENT FOR UTILITY PURPOSES PER MAP 10595 RECORDED FEBRUARY 16, 1983, DOCUMENT NO 83-050554 OF OFFICIAL RECORDS. 0 EASEMENT FOR EMERGENCY ACCESS PURPOSES PER MAP 10595 RECORDED FEBRUARY 16, 1983, DOCUMENT NO. 83-050554 OF OFFICIAL RECORDS. MAXIMILIAN LEBL, PLS 9323 LEBL LS 9323 1/26/2023 DATE STORM DRAIN EASEMENT SHEET 1 OF 2 LEGEND LOT LINE RIGHT-OF-WAY LINE ---CENTER LINE EXHIBIT "B" PLAT PR2022-0003 ADJOINING PROPERTY LINE MAXIMILIAN LEBL, PLS 9 k ' \ J PRIVATE DRAINAGE EASEMENT (AREA: 3,611 SQ.FT.) ( ) RECORD DATA PER MAP NO. 10595 LOT4 LINE TABLE: L 1 N55°27'00"E 13.56' L2 S55°27'00"W 13.56' L3 S34°33'00"E s.os· ~ 0 0 F-- N LOT 5 l() N Lt) ..- (I) O> PARCEL1 1,269 SQ.FT. P.O.C. PARCEL 1 0 (") N55°27'00"E 3.78' N34°33'00"W 182.64' HIGHLAND DRIVE LOT 1 N34 °23'00"W 42.40' 1/26/2023 DATE -------------------------------- PASCO LARET SUITER ~ ~~~Ot!Jff[E~ San Diego I Encinitas I Orange County Phone 858.259.82121 www.plsaengineering.com SCALE = 1" = 30' PLSA 3661 SCALE: 1" = 30' •□••-=-•-=-=--•---! ! 0 30 60 90 STORM DRAIN EASEMENT SHEET 2 OF 2