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Home My WebLink AboutCT 97-23-02; ; 2003-1015405; Covenant. b RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 I 111111 11111 11111 11111 Ill1 Ill 11111 1111 11111 11111 Nlll Ill11 1111 1111 2 .. a.‘ItIi 4061 I SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 205-191-23-00 PROJECT NO. & NAME: CT 97-23-2 Magnolia Subdivision Phase II PR 03-39 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) Michael D. O’Gara and Vicki B. O’Gara. 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 “B” for the benefit of the property referred to 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 CT 97-23 issued by the City of Carlsbad for development located on real property described in Exhibits “A and “B”. The property benefited 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 burdened by this covenant for easement is described as follows: See Exhibit “B” attached hereto and made a part hereof Exhibit “C” is provided for clarity only. 1 H:/Development SeMcesIMastenlDeeds-Grant Deeds-EasementsICovenant for Easement Rev. 4/28/97 30555 See Exhibit “B attached hereto and made a part hereof Exhibit “C” is provided for clarity only. This covenant for easement provides for 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 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 prop Dated: &17&3 (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 AlTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ym //Deputy City Attorney 2 H:IDevelopment Services/Masters/Deeds-Grant Deeds-Easements/CovenanI for Easement Rev. 4/28/97 30556 State of California 1 1 County of San Diego ) J& VI Schmaltz On ” before me, I (Name, Title of Officer) (DW ‘ Personally appeared -4- . Name[s] of Signer[s]) ersonally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) *subscribed to the within instrument and acknowledged to me that 4 hey - executed the same in euthorized capacity(ies), and that by e 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 Document NO. of Pages2 &h 149 b* Of (&4+3 - Date Document Signer(s) other than named above RIB +e 3 I H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 EXHIBIT “A” 30557 LEGAL DESCRIPTION BENEFITTED PROPERTY COVENANT 4 PR 03-39 PROPERTY- 1 LOTS 5,6,8 AND 9 OF CARLSBAD TRACT NO. 97-23-2 MAGNOLIA SUBDIVISION, PHASE 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN NO. PROPERTY-2 ALL THAT PORTION OF LOTS 16 & 17 PER DOC. 97-0189691 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 24,1997 OF OFFICIAL RECORD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF LOT 8 OF CARLSBAD CARLSBAD, COUNTY OF S TO MAP THEREOF NO. flbr4 , . THENCE SOUTH 28” 07’ 54” EAST, A DISTANCE OF 30.04 FEET ALONG THE NORTH EASTERLY LINE OF THE SAID MAP TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 28” 07’ 54” EAST, A DISTANCE OF 120.05 FEET; THENCE SOUTH 61” 54’ 05” WEST, A DISTANCE OF 90.03 FEET; THENCE NORTH 28” 07’18” WEST, A DISTANCE OF 120.04 FEET; THENCE NORTH 61” 53’ 43” EAST, A DISTANCE OF 90.00 FEET TO THE TRUE POINT OF BEGINNING. TRACT NO. 97-23-2 MAGNOLIA SUBDIVISION, PHASE 2, IN THE CITY OF * EGO, STATE OF CALIFORNIq ACCORDING .2tszL=f<& c ROBERT B. SERVICE PLS 4456 EXP. 9-30-05 EXHIBIT "B" 30558 BURDENED PROPERTY COVENANT FOR DRAINAGE EASEMENT PR 03-39 BEING A PORTION OF LOTS 6'7 AND 9 OF CARLSBAD TRACT NO. 97-23-2 MAGNOLIA SUBDIVISION, PHASE 2, IN THE CITY OF CARLSBAD, COUNTY DIEGO, STATE OF CALIFORNIA, ACCORDING'TO MAP THEREOF NO. br"? , FILED IN THE FFICE F THE COUNTY RECORDER OF SAN DIEGO COUNTY P&IC&ARLY DESCRIBED AS FOLLOWS: 2003 AS FILE NO. 62, -j0(5-(-/0 / OF OFFICIAL RECORDS, BEING MORE NCIN AT THE NORTH EAST CORNER OF LOT 8 OF SAID MAl' NO. ?T!L!L (0 ; THENCE SOUTH 61" 53' 54" WEST, ADISTANCE OF 199.92 FEET ALONG THE NORTH WESTERLY LINE OF THE SAlD MAP; THENCE SOUTH 28" 06' 06" EAST, A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 21" 06' 42" EAST, A DISTANCE OF 70.57 FEET; THENCE SOUTH 35" 06' 34" EAST, A DISTANCE OF 80.85 FEET; THENCE SOUTH 09" 51' 01'' WEST, A DISTANCE OF 6.03 FEET; THENCE SOUTH 61" 55' 28" EAST, A DISTANCE OF 30.59 FEET; THENCE SOUTH 61" 58' 26" WEST, A DISTANCE OF 100.13 FEET; THENCE SOUTH 28" 05' 12" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 61" 58' 26" EAST, A DISTANCE OF 100.13 FEET; THENCE NORTH 61" 55' 28" EAST, ADISTANCE OF 40.54 FEET; THENCE NORTH 35" 06' 34" WEST, A DISTANCE OF 90.69 FEET; THENCE NORTH 21" 06' 42" WEST, A DISTANCE OF 70.56 FEET; THENCE SOUTH 61" 53' 54" WEST, A DISTANCE OF 5.04 FEET TO THE TRUE POINT OF BEGI"G. AREA COVENANTED 0.03 AC ( 1493.05 SF) PLS 4456 EXP. 9-30-05 30559 b D L L SCALE: 1"=30' I-------- I I I I I I I t I I e! I I ~ I 1 I __-- EXHIBIT " C " b 72 1\1 (3 Lh (E PR 03-39 , 2 1 P.O.B. I 1 d NORTH EASTERLY CORNER OF LOT 8 _-_---- LOT 8 MAP NO. LOT 7 RIBBON GUTTER PER CITY OF CARLSBAD DWG. NO. 380-3A S 6158'26" W 100.13' N 61.58'26" E 100.13' - I _______ -_- :e -=.--=--s=~_cs-- f( If- I 40.54' I I I I I I I I I I I lw Iv) I I IL 'E '2 la ID la I I I I I I I 1 13