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Home My WebLink AboutCT 97-17; Brehm-Aviara III Development Associates, LP; 1999-0836956; Covenant- 1 . ’ ’ RECORDED AT THE .~lJ@j m CHICAGO TITLE CO, RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ; DOC2 1999-00836956 1 @EC 28s 4848 1999 II:02 fwl rnICI# fimms ~~~~~ F&s: ’ 26.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE (, ,,~,::‘!~~~eG~~~~~ARCEL NO. 215-841-02 # 03 ,! ~0, q’ p~oji@$~ N~j&&&@: CT 97-17 “ j&&j&&& pHA$# 111 ‘$;A; ‘r9 I ‘L ,: ((;I 0 t ,L j : 1~ ,: 6,‘) ,. _x ‘(1’ ,‘)Zil (.L I,,., :, ,’ ,,, “ ,‘,: 1 “ lx,), : “ “ s ‘:“ J ., “1 ‘ ) .,/ ‘. ; ,T hENANT FOR EASEMENT overnment Code Article 2.7 commencing ith Section 65870 of Chapter 4 of Division 1 k 7; Carlsba&&%,Mzipal Code Section 20.04.140) ,, (,, ,. ,, a , _,(> Brehrnn~~8ra~::‘~ffi: Development Associates, ,:) : ,- 1 0 $),! il 8:‘: L.P., a Delaware liinlted pafinlership, ,“ hereinafter refeked to *as “Owner” creates a covenant for easement for the purptie stated 3 ‘_ L hereon; over,“across and upon the real property described in Exhibit “A” for the benefit of the 2 property referred b %@@hibit “B”. This covenant for eas&-teht may be rele&,ed:onJy ‘according I : to the procedures e,s@!&hed by la& if it is determined by the City that t~~“&&nant is no longer needed to adtiev&$he kMti@ goals of the City. (j(’ ‘.‘ This covenant fok&asem8nt is r&$%-&d by &cond&n of approval pWt&ant to Resolution No. 4441 issued by the City of Carlsbad for develoljinent kkatqd on real property described in Exhibits “A” and “B”. I:_( 1 The property burdened by this covenant for easement is described as follows: See Exhibit “A” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. The property benefited by this covenant for easement is described as follows: 1 Masters!FormslCovenanl for Easement Rev. 4/28/97 0 %ap A 4.849 . See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for private drainage over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and the Owner of the property benefited and any successors in interest to the property benefited by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant for j~l g(t), ;, ji’.‘l -: easement shall be binding upon and t~~‘~‘b;enefit‘of’ttle;~~~~~nt:for easement shall inure to the t :iLij$ ~‘~; ,’ Ai,,‘_ : :,‘:,‘$ benefit of all successors ini!iitarestd’i~~~7eal pio@ty. ” I,,, /; ,/,-i. ,:a $ ,’ Dated: B%H%Aviara ~Itl$2i)eu~~~pment A&o&tes, L.P., b Delaware limited &i-t&&ship, ,as O’$&er, ,‘.,i ‘/,j ,. By: The Brehm-Aviara G’&&b, l.!LC, @&@rnia limited liability company, ttq Geri&ai!#&-tner I. C,(, : ‘( L ,,, :, I(, I) .I,* .(’ “ (“” ,( ‘:r( !/t I ; jli _f (‘, ( _’ :,,> :,:y ~By: f~~T,Bahm“Companies, LLQ$a Ca#,$&& limited WWfity company, Its ManaginQ‘Mdt##&’ ,( : BY: Jack ~~E~~ic ~~~~siql~~~.j (NOTARIAL AOKNOWLEDGMENT OF EXECUTIO NOTE THAT+A~~PR&DENT OF&CE:PRIZS~DENT AND T~E~ECRETARY o& ASSISTANT SECREikRY MUST &N FOR CORPORATE EXECUTIONS OF TM1S DOCUMENT. ALTERNATELY A TRUCE copy OF A RESOLUTION, 0F THE E&ARD 0~ DIRECTORS T~ATJSSk3NED BY THE SECRETARY OR ASSISTANT SECRE?&6Y OF THE CORPORATION, UNQER CORPORATE SEAL SPEclFICALLY:~EMPOWERING THE INDIVIDUAL SIGNED IN“BEHALF,‘OF THE CORPORATION WILL SHOW SUFilClENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS *PER. IT IS RECOMMENDED ““““““““T, PRIOti’%O THE:EXECtiTIbN O+THls:C~tiENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. O,( ,, .( APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 hlastersiFormsJCovenant for Easement Rev. 4/28/97 Q 4850 State of California County of San Diego 1 q before me, PW ’ personally appeared (Name[s] of Signer[s]) k personally known to me- -to be the person## whose name@ is.1 e subscribed to the within instrument and acknowledged to me that he/$&/t$$ executed the same in his/&/t@$ authorized capacity(‘), and that by his/*/fir signature ti on the instrument the person( #$ or entity upon behalf of which the perso@ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 4851 EXHIBIT “A” LOTS BURDENED BEING LOTS 2,4,5,6,7,8,9,10,11,12 AND 13 OF CARLSBAD TRACT NO. 97-l 7, ACCORDING TO MAP THEREOF NO. \ 3 9 0 7 , ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 4852’ EXHIBIT “B” LOTS BENEFITED BEING LOTS 2,4,5,6,7,8,9,10, 11, 12 AND 13 OF CARLSBAD TRACT NO. 97- 17, ACCORDING TO MAP THEREOF NO. \ 3 7 07 , ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. --. . . . . -.,_ ‘.. ._ , .‘: i ,./’ 4853 , %.. y., ‘Q$.+ . . i ,fi W-?-f II .: - .’ 4854:. >,I-’ I. . . . . : ‘. . THE BREHM COMpANIEs, LLC . S~GNATZTRE~UTH~RIZATION :’ The undersigned, being President of THE BRJ3HM COMF’ANES, LLC, a California Limited Liability Company (the “Company”) hereby authokes the following officers to act in the name of and sign Brehm-Aviara IfI Development Associates, ZIP. documents on behalf of the company: f Forrest W. Brehm, President - All documents Alice J: Cummings, Sr. Vice President - All documents Jack H. Young, Sr. Vice President - All documents Philip R. Conard, Jr., Vice President - Any documents relating to the processing and construction of Brehm-Aviara JII Development Associates, L.P. projects including, but not limited to, Subcontractor Agreements, l?A/FHA forms, utility agreements and related easements - Paula Lombardi, Director of Construction - Any documents relating to the processing and cohstruction of Brehm-Aviara ILI Development Associates, L.P. projects including, but not limited to, Subcontractor Agreements, FA/J?HA forms, utility agreements and related easements The undersigned has executed this Signature Authorization on thk30th day of Novembe;, 1998. Brehm-Aviara IU Development Associates, L.P., a Delaware Limited Partnership By: Brehm-Aviara Group, LLC a California Limited Liability Company By: The Brehm Companies, LLC a Calif. Limited Liability Company its Managing Partner Forrat W. Brehm, Pr&ient