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Home My WebLink AboutCT 89-39; ESCANO, RAY & NIKI; 1991-0041045; Covenant5 , f' ai Y 1 t e 483 y@ M g $ g=@ f Ti-=\ .$ ! pJ r =i( 3 ', j.$B i 7 $- f -$$J$ ; %$%$= ! 2s . .. .-, 7 ,+ 2 .-..-. ._ Ei i= i; ,?g-dHf,;-;yyl -. I i 1 L - "i X!! 5 ; I .yc: $q RECORDING REQUESTED BY: 1 City of Carlsbad 1 1 ?&$ rJIEEfi ?-!Zrt{;Y p-Tl~l;;;?~ >iFFI?E $i$HEFE EAHS 1 EJpjiii' gEC2;;9ER -. .. - "_.. rcc::. , &&.LX i c. _. ii jjj: i 5 L i. WHEN RECORDED MAIL TO: 1 City Clerk's Office 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 """ ~ _". """." ~ """"-..-.- "" ---.-"" ,. ,., d O& 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) ' .* A,WXNTARY TRANSFER rm $- RAY E. ESCANO AND NIKI L. ESCANO 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 "A1' for the benefit of the property referred to in Exhibit rtBrt. 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 tc achieve the land use goals of the City. This covenant for easement is required by a condition of approval for a tentative map number CT 89-35 issued by the City of Carlsbad for development located on real property described ir Exhibits ItAV1 and rlBtl. The property burdened by this covenant for easement is described as follows: See Exhibit VIA1' attached hereto and made a part hereof. Exhibit rlC1t is provided for clarity only. The property benefitted by this covenant for easement i: described as follows: See Exhibit lrBlt attached hereto and made a part hereof. Exhibit I1C1l is provided for clarity only. p9 1 j*J Agreements/AG-S.FRM @do,/&&/ 1. ,T.\L",L.. +p/AL Y/., CT- t5y -Jy _, J ?II 0 48. This covenant for easement provides for a private drainag easement 6' wide running north and south along western boundar line of Lots 2 and 3 and the southern most five feet of Lot running to Lot 5 over, across and upon the burdened property fo the benefit of the property benefitted and shal.1 be enforceable k the City and the Owner of the property benefitted and any succes sors in interest to the property benefitted by this covenant. This covenant for easement shall run with the land, and th burdens of the covenant shall be binding upon and the benefit o the easement shall inure to the benefit of all successors to th real property. Dated: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED. 1 . NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY C ABSISTAKT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS 3F TEIl DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD C DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY C THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING T€ INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHC SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FC EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPEC THERETO Approved as to form: A - Q G ke. VINCENT F. BIONDO, JR., City Attorney /&/+2? Agreements/AG-!i.FRM ai al Individual Acknowledgment e, the undersigned, a Notary Public in and for said County nt and acknowledged that Notary Public in and for said County and State. a 466 EXHIBIT A LEGAL DESCRIPTION: THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20, I921 AND A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP NO. 12779 AND THE CENTERLINE OF SAID VACATED ALLEY, SOUTH 00°32’42” WEST 95.00 FEET TO THE TRUE POINT OF BEGINJ!IING; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH OOO32’42” WEST 130.00 FEET: THENCE LEAVING SAID WESTERLY LINE, SOUTH 89O25’51’’ EAST 106.19 FEET; THENCE NORTH 12O1.4’36” EAST 5.11 FEET; THENCE NORTH 89O25’51” WEST 101.22 FEET; THENCE NORTH OOO32’42” EAST 125.00 FEET; THENCE NORTH 89O25’51’’ WEST 6.00 FEET TO THE TRUE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. &J& /d ,’ ,! I ,/ FRE~ J.&UNEMULLER, LS 4429 FRED J. HUNEMULLER PAGE 1 OF 1 0 0 ,. - 487 EXHIBIT B LEGAL DESCRIPTION: THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 125i, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 4 AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, SOUTH 89O25’51” EAST 99.65 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’OO” A DISTANCE OF 31.42 FEET TO THE POINT OF REVERSE CURVATURE OF A 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THAT IS IN THE WESTERLY SIDELINE OF TUTTLE STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 12779; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55O12’21” A DISTANCE OF 75.15 FEET; THENCE TANGENT ALONG THE SOUTHWESTERLY SIDELINE OF TUTTLE STREET, SOUTH 54O38’12” EAST 68.99 FEET TO AN ANGLE POINT AS SHOWN ON RECORD OF SURVEY MAP NO. 12779; THENCE LEAVING SAID SIDELINE OF TUTTLE STREET, SOUTH 35O21’48’’ WEST 100.00 FEET; THENCE SOUTH 54O38’12” EAST 120.00 FEET: THENCE SOUTH 35O21’48” WEST 31.64 FEET TO A LINE THAT IS PARALLEL WITH AND 300 FEET DISTANT SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID TRACT 4; THENCE ALONG SAID PARALLEL LINE, NORTH 89O25’51” WEST 233.10 FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE SOUTHWEST CORNER OF RECORD OF SURVEY MAP NO. 12779; THENCE NORTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP NO. 12779, NORTH OOO32’42’’ EAST 300.00 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. &l& / I/ LJAA” E//90 FRED J JHUINEMULLER, LS 4429 FRED J. HWEMUtkWi I' e UAIAJ..UALI L I. 0 488 91 3 BOUNDARY DIMENSIONS 'UI -3 N 88*10'30' E 5.00' WADI 41 81 ZI R = 24.49' A - 41.47'31' L = 17.86' a S 54'38'12' E 0.44' m S 35'21'48' W 8.00' A = 79.03'32' R = 24.49' L = 33.79' I - 21.07' 12' E 2?4.2&*L 89.211'51. E 101.22' P4 00.22'42' E 4.60' (RAD1 "-"" S W25'5i' E 233.10' FRED J. HUNEMUNER PRIVATE DRAINAGE EASEMENT DETAIL No Scale . I. Q I) 489 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated December 6, 1990 , from Ray E. Escano and Niki L. Escano """"""""""""""-"""""""" 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. 91-19 , adopted on January 15, 1991 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: January 16, 1991 BY : WHA L~G&~JENK@NZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk