HomeMy WebLinkAboutCT 01-12; Spano, Joseph and Nadja; 2004-0505555; CovenantRECORDED AT THE REQUEST
CHICAGO TITLE COMRMf
SUBDIVISION DEF
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
8812 DOC • 2004-0505555
JUN Ol, 2004 2=16 PM
OFFICIAL
SAN DIEGO COUNTY
GREGORY J. SMITH,
FES:
rs OFFICE
O.t
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 205-112-11
205-112-18
PROJECT NO. & NAME: CT 01-12
Riva Gardens
PR 03-100
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)
Joseph E. Spano and Nadja A. Spano, husband and wife, as joint tenants, 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 of CT 01-12 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:
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18813
See Exhibit "B" attached hereto and made a part hereof.
Exhibit "C" is provided for clarity only.
This covenant for easement provides for private drainage 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: /3~/?fa i. "7.
Joseph E. Spano
Dated: . __
'Nadja A. Spano
(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
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18814
State of California )
)
County of San Diego )
On
(Date) '
personally appeared f
before me,
(Name, Title of Officer)
A-
(Name[s] of Signer[s])
L n personally known to me -OR - D
(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 h,e/sjae/they
executed the same in hfe/tyer/their authorized capacity(ies), and that by his/h^r/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 OFFICIAL SEAL
DAREN VASS
Signatu
(This area for
official notary seal)
Title or Type of
Date
Document
Signer(s) other
Document &*&M[\& f*
Of I
1
than named above
^«A**H*r
No. of Pages
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
18815
COVENANT FOR EASEMENT
LEGAL DESCRIPTION OF EASEMENT
FOR PRIVATE DRAINAGE PURPOSES
EXHIBIT "A"
PR 03-100
AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER THE WESTERLY 7.20 FEET OF
LOT 3 OF CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP
THEREOF NO. H&lft AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY DATED (pRQ1! AS FILE NO. 6<4~ D
821 SQ. FT
APR 1 4 2004
ENGINEERING
DEPARTMENT
18816
COVENANT FOR EASEMENT
LEGAL DESCRIPTION OF EASEMENT
FOR PRIVATE DRAINAGE PURPOSES
EXHIBIT "B"
PR 03-100
LOT 4 AND LOT 5 OF CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS, ACCORDING TO
MAP THEREOF NO. iMfo rl ASflLED IN THE OFFICE OF THE COUNTY_RECORDER OF
SAN DIEGO COUNTY DATED U *4 <H AS FILE NO 0 "4. ~ 0
18818
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the interest in real property conveyed by the Covenant For Easement
dated April 7, 2004 from Joseph E. Spano and Nadja A. Spano, 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 26. 2004