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Home My WebLink AboutCT 81-10; WILMA PACIFIC, INC.; 90-014538; Covenant.\ 4 ,,. .. 0 90 04538 2328 .. " . e .. . " ." . , :-, c * -.-if<i>5.C> tN 1 i i :r'!-:;,L fiE':;onns RECORDING REQUESTED BY: 1 City of Carl sbad 1 . ". - 1 .. . 7 . ., ..&)i ":'? *,;Lbg <2!j% 1 Y. :A - i ! t ' .d ,:.+ If '\ - 9 F!.! 1 : :<3 .yc ,,.i?: I 2328 .. " . e .. . " ." . , :-, c * -.-if<i>5.C> tN 1 i i :r'!-:;,L fiE':;onns RECORDING REQUESTED BY: 1 City of Carl sbad 1 . ". - 1 .. . 7 . ., ..&)i ":'? *,;Lbg <2!j% 1 Y. :A - i ! t ' .d ,:.+ If '\ - 9 F!.! 1 : :<3 .yc ,,.i?: I WHEN RECORDED MAIL TO: j City Clerk 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 NrQ FE\$ L r--- C!<,$ L. i"iE I C(jUH1 .f REGD5DER li " PR 2.3.31 w 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) Wilma Pacific, Inc. hereinafter referred to as Owner creates a covenant for easement for the purpose stated hereon; over, across and upon the real property described in Exhi bit "A" for the benefit of the property referred to in Exhi bit "6". 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 a Grading Permit Number PE 2.89.25 issued by the City of Carl sbad for development located on real property described in Exhibits "A" and "6". The property burdened by this covenant for easement is described as follows: See Exhi bit "A" attached hereto and made a part hereof. Exhi bit "C" is provided for clarity only. The property benefited by this covenant for easement is described as fol 1 ows : See Exhi bit l1Bli attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. 2329 : .'* - .Irlu, e 6 This covenant for easement provides for reciprocal access and drainage easement over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City, by the Owner of the property benefited and by the 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 of easement shall be binding upon and the benefit of the covenant of easement shall inure to the benefit of all successors in interest to the real property. Dated: November 9, 1989 Wilma Pacific, Inc. By : c / c. . > -\" ,..-. .. - .-?" By: >x ." \\ %%. .. __" c_ic,, Loren W. Brucker, Assistant Secretary (NOTARIAL ACKNOWLEDGEMENT 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 TRUE 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 SIGNING 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: c a -. VINCENT F. BIONDO, JR., City Attorney Il*'LZ. t.4- Pp..3.3( e 0 2,350 STATE OF CALIFORNIA COUNTY OF Oranqe }ss. ) . r~ On November 9 I 19 89 a, i- , before me, the undersigned, a Notary Public in and for 5 said Stare, personally appeared William A. Budge and t , personally known to me (- eX .- 0 Loren W. Brucker E 5 f b”) to be !he persons who executed the within instrument as CE Vice President and .- +d E; Asst. Secretary, on behalf of -0 i? om 0, the corporation therein named, and acknowledged to me that o V) suchcorporationexecutedthewithin instrument pursuanttoits e5 25 .. .<.’ ., - 1 by-taws or a resolution of its board of directors. - N -. ‘9 N c0 I WITfiEh my hand and official seal. /+e c‘i u” Lfb\ 0 0 m Signature - (This area for official notarial seal) *a I. %> * U'k*Y lqsY ,~~,,~~l,,:,l,~~:,~@. ~<ICK ENGINEE~UNG CO~&Y *' ' vtdd suilc?oo 233 1 ' C;Fgeif C:II IsIuci, CA Y?OOY (h19)131-s2l~u Legai Description - "~ "_~ ""_ _____ _"""____.. J-10800 LOT 35: COVENANT FOR RECIPROCAL ACCESS AND DRAINAGE EASEMENT I I I i I ~ I I ! i I j I I TC Ref.""." I i co. """""_ , Order No. \ Date I I "" _. I Descr. __ Rev. By , By : JLW/kq Date : October 13, 1989 Page 1 of 1 I1EXHIBIT AI' .__ An easement in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 35, as shown on Map No. 11134 recorded January 31, 1985 per file No. 85-034075, said map being on file at the Office of the County Recorder in said County, in said State, more particularly described as follows: A strip of land being 24.00 foot wide, lying 12.00 feet on each side and parallel with the following describe centerline: COMMENCING at the Southeast corner of said Lot; thence along the Easterly boundary line thereof, North 10°18'3911 West 86.04 feet to the TRUE POINT OF BEGINNING; thence leaving said boundary line South 75"0O'0Ot1 West 253.85 feet; thence North 10"18139~~ West 361.23 feet; thence North 84°5112011 East 182.13 feet; thence radially North 56°3010011 East 17.90 feet to the POINT OF TERMINATION, said point being on an arc of a 60.00 foot radius curve concaved Northerly and the Northerly boundary line of said Lot 35. The sidelines of said easement shall be lengthened or shortened to begin on said Easterly boundary and shall terminate on said Northerly boundary line. PACIFICA BUSINESS PARK s! t. ' . 7r- "7 l-J<'9 hi<,,l,:8,~0.$L, < . ,&\ 0 XlICK ENGISEHWX CCIbaN'r: 23 3 2 S.lilc. 200 ' && C;I: I\I):IL CA y?ooC> (hl9)J31.H?O(J Legal Description I ___ J-10800 By : JLW/kq Date : October 16, 1989 1 TC Re'.""" 1 I co. __ I 1 order 140. ~ 1 Dale _I I ~ Rev. BY i j Descr. j , ~ I PROPERTY BENEFITTED: Lot 34 per Map No. 11134 recorded January 31, 1985 Per File No- 85-034075, all in the Cj&)s..:of Carlsbad, County of Sari Diegot State of California. 7 PROJECT NAME : PROJECT NO. : PACIFICA BUSINESS PARK P.P. 333 EXHIBIT PE 2.89.25 PR 2.3.31 II B 11 ,._ . , ., . . .. -73 -' i I I " /. "/- II II COVE~IAAIT FOR RECIPROCAL AEESS AND DRAINAGE EASEMENT I % Is 1 -) /I 11 . Q 0 1\/lA.P J\lgJ J 11 J-? $ k..) 4 e LOT 35 - -7 \\ 1' 3 FOR ACCESS AND 2- -" ?- k I\ 1 y " I/ 11 3- rr\ $1 f m 1 i" a 9 s (2 .-. 0 "I 9 + i I --- - " ---J<F . ".. " a! .. - .. 7: PO 0. \ \ I . N 7.0QJao"L;r 253. "2"- SEE COV€dANT Q ' €ASEMENT fOR cd DRAIAIAGE y ~~,,f+F,L ED ', LOT34 (\ DOC. PO c p A L 9 1\11 J4 R A\ I R F r3 2 -r' h/JC cl .a .I .AN FIE LD c' , L E-GEND " " . . .-. - . . .. . " -" (I?)" /NDfCATES RADIAL B€ARING PC! c! - INDCA T€S POIW OF COM%"NCEMEM TPL? GI-JNL~JCATES TRUE PU/N~OFR~~~NB/NE ~ ".. . I / .' /'I= 601 x%" \ SCT NAME I ... "" / " .a I- "I, II ,,/I u &A / DATE z loll3 189 Y rT TO ILLU'STRATE COVENANT OF IbT :L - Jtlll* zw UCK ENGINEERING mMJ?AhW II; - . "- I9J9 I'n1unt.r O.L* W.7 :IPROcAL ACCESS AND DRAINAGE [ L-A CmIdmd,CA YlWl (1.17) 4 I!.L?(XI 1 EASEMENT LOT 35 PROJECT NO. PACIFICA BUSINESS PARK EXHIBIT 'IC 'I PE2.89.25-PR2-3-31 ' '. '* e 2334 e CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated November 9, 1989 , from Wilma Pacific, Inc. ....................... to the City of Carlsbad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of CarLsbad, California, pursuant to Resolution No. 89-440 9 adopted on December 19, 1989 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 21, 1989 BY : -" ? City Clerk ty City Clerk 0 * L"& ' 2 -d> .- siu" L-79 .* "