HomeMy WebLinkAboutCT 01-12; Spano, Joseph and Nadja; 2004-0505557; Covenantn
RECORDED AT THE REQJgKT OF
CHICAGO TITLE COM^Y
SUBDIVISION DEPT.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
18826 2004-
JUN OIL* 2OO4 2:16 PM
OFFICIAL RECORDS
SftH DIEGO COiHTY RECORDER'S OFFICE
GREGORY J. SMITH, COIMY RECORDER
FES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 205-112-11
205-112-18
PROJECT NO. & NAME: CT01-12
Riva Gardens
PR 03-102
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:
1
H:/Devetopment Services/Wasters/Qeeds-Grant Deeds-Easemenls/Covenant for Easement Rev. 4/28/97
18827
See Exhibit "B" attached hereto and made a part hereof.
Exhibit "C" is provided for clarity only.
This covenant for easement provides for private reciprocal access 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:S^-^^^^2g> K2y£w*-Q »
Josfifih E. Spano
Dated:
Nidja 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 AttoVney
Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
18828
State of California
County of San Diego
On
(Date)
personally appeared
before me,
(Name, Title of Officer)
(Namefs] of Signers])
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)
jfe/are subscribed to the within instrument and acknowledged to me that hje/^he/they
executed the same in lyis/hter/their authorized capacity(ies), and that by his/her/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
(This area for
official notary seal)
Title or Type of
Date
Document
Signer(s) other
Document C0$mh$f]
of ai
M~M**T
than named above
fi^VW***
No. of Pages
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
18829
COVENANT FOR EASEMENT
LEGAL DESCRIPTION OF EASEMENT
FOR RECIPROCAL ACCESS PURPOSES
EXHIBIT "A"
PR 03-102
AN EASEMENT 15.00 FEET WIDE FOR ACCESS PURPOSES OVER A PORTION OF LOT 2 OF
CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP THEREOF NO.
S FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
DATED //>/<-/£> H AS FILE NO.Oct~£ff*£O-r THE NORTHERLY LINE OF SATO 15.00 FOOT
WTDEEAS ' BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 2, BEING A POINT ON THE
WESTERLY LINE OF ADAMS STREET AS SHOWN ON SAID CT 01-12; THENCE NORTH 89*
33'42" WEST 145.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT 2. THE SOUTHERLY
LINE OF SATO EASEMENT TO BE EXTENDED OR SHORTENED TO TERMINATE AT THE
WESTERLY LINE OF SATO ADAMS STREET.
2175 SQ. FT.
APR 1 h 2004
ENGINEERING
DEPARTMENT
18830
COVENANT FOR EASEMENT
LEGAL DESCRIPTION OF EASEMENT
FOR RECIPROCAL ACCESS PURPOSES
EXHIBIT "B"
PR 03-102
LOT 4 OF CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP
THEREOF NO. I H& AS FILED.IN THE OFFICE OF THE COUNTY RECORDER OF SAN
\6 V AS FILE NO. 6*-/-QS2irJX~Z __DIEGO COUNTY DATED
18832
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
City Clerk