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HomeMy WebLinkAboutCT 02-17; CWV La Costa 49 LLC; 2014-0112560: Covenantffp RECORDED REQUEST OF First American Title HOMEBUILDER SERVICES RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 DOCtt 2014-01125G0 iiiiiiiiiiiiiiiiiniii Illlllllllll MAR 21, 2014 3:16 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 30.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE 223-061-01, 223-061-02 Assessor's Parcel No. Project ID Related Project ID Related Project ID Project Name CT 02-17 PR 06-130 Fair Oaks Valley 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) CWV LA COSTA 49 LLC, hereinafter referred to as "Owner" creates a covenant for easement for the purpose stated hereon; over, across and upon the encumbered real property described in Exhibit "A" for the benefit of the benefited property described 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 a condition of approval for Carlsbad Tract CT 02-17 issued by the City of Carlsbad for development located on real property described in Exhibit "A". The properties encumbered by this covenant for easement are 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 are described as follows: 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 See Exhibit "A", Benefited Lots, attached hereto and made a part hereof. Exhibit "B" 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument. CWV LA COSTA 49 LLC, Dated: 10/21/2013 a Delaware limited liability company By: California West Communities, LLC, a California limited liability company. Its Manager (signature) Donald W. Fontana, Member (print name) (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: CELIA BREWER City Attorney By: ){Li^ LJ<S^ RDNKEMP ^ Assistant City Attorney 3 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X=>. :<=>. • State of California Countvof P^^gQ } On October 21, 2013befnrfi me, M.K. Stuckey, notary public Date Here Insert Narne and Tille of the Officer personally appeared Donald W. Fontana Name(s) of Signer(s) CIVIL CODE § 1189 ' i i ^ f ^1 i I i I I i i t f 'I i t t I mm •——^kiAaAi M. K.STUCKEY Commission # 1933217 Notary Public • California i San Oiego County ^ l^y Comm. Expires May 16.20151 who proved to me on the basis of satisfactory evidence to be the personal© whose namelj^) \s/a^ subscribed to the within instrument and acknowledged to me that he/s'^e/tl)^y executed the same in his/l^r/ttteir authorized capacity(i^), and that by his/Ri^/tK|ir signature()0 on the instrument the person!^, or the entity upon behalf of which the person(j^ 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. Place Notary Seal Above Signature OPTIONAL — Signature of l*Joti vTotary wublic Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description ©f Attached Document Title or Type of Document:. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(i@s) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBF'RINT OF SIGNER Top of thunnb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thunnb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) I J Item #5907 EXHIBIT "A" LEGAL DESCRIPTION PR 06-130 AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES FOR THE BENEFIT OF THOSE LOTS OF THE CITY OF CARLSBAD TRACT 02-17, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. \^<^1\ RECORDED 3 - Sl) - ) ^ IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. SAID LOTS ARE SHOWN BELOW AND GRAPHICALLY DEPICTED ON THE ATTACHED EXHIBIT "B". ENCUMBERED LOTS BENEFITTED LOTS LOT 37 HOA LOT 47 LOT 48 LOT 49 LOT 48 LOT 52 LOT 12 LOT 4 LOT 5, LOT 7, LOT 8 LOTS LOT 7, LOT 8 LOT 7 LOT 8 LOT 14 LOT 12 . EXHieir "B" ^COVENANT FOR PRIVATE DRAINAGE EASEMENTS CITY OF CARLSBAD T.M.NO. 02-17 PR 06-130 A CENTEftlNE 5.00' DRAINAGE EASEMENT CENTERLINE 5.00' DRAINAGE EASEMENT / / si CENTERLINE 15.00' DRAINAGE EASEMENT LS 5211