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Home My WebLink AboutCT 99-01; ; 2001-0677332; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2001-0677332 SEP 20s 2001 1:49 PM mICIhL REmDS 7421 SAN DIEGO fl.JUW REUlRKR’S OFFICE l%EGoRv f$mH’ ImgTYYRErn : . SPACE ABOVE THIS LINE FOR RECORDER’S USE ; j I:; i’~~SS~ESSo~~~~~~~CEL NO. 2()&98(‘)32 _: 1;‘:,1, ,((;__‘I): __ pug&&- NO: ,&;~JAM,E: CT 99-01 _( j:‘_’ ’ c!&Rj&m BEACH INSTATES, PR 00-74 .’ 3’ ;;:’ :_ s.,, 2 ^7’1i:I ,, 5 _: ,: vi: :, 1 .,, .I, “i’, B,<Sl,j _ .,I i, L. ;,w,>* _ ‘;’ ,i ;_, > I I __;,;! ,I ;I’ lw I:> .jti (, .ri_‘” :<, ‘I 3 jz:g $p$:) ,_ I, “,. _’ ‘_, L1_ I.‘. ;- --;-,,: _>I1 I,, ; ‘:;: ;.,, $ “‘I!(’ s ‘< $> . . . , : ! ; $ y; j:&;;.jj I’ Eli!:_,_ >I I COVENANT FOR EASEMENT I”’ ,“‘,” ” a..> I > I i &. ,*_ ““‘::“i’(iiiIovernment Code Article 2.7 commencing ‘_ ‘__ ,,,,,,~I~~with Section 65379 of.Chapter 4 of Division 1 :, : >: _: 1_, __. ‘8 ., , ” ‘,‘r&fiy$le 7; C‘rlsb&~Q$~&$, ,Co& S&ion 20.04.lQ)) ” ,, ,’ ,: ; (’ I _‘.: b ‘, ,,_a :a:>. -\:.:;:: +,:i .z:y ‘i j :y; I g:’ _:lFI Carlsbad :ypi ; y Beac$&roup investors, ‘LLC, a?ICalifornia Limited Liability Corp&%$& as to 3 ,% ,i_x, >,,i%i ; Parcels 1 and 2 i‘and ‘fi;r!: David Buckmaster and&&tricia A. Budkmaster, husbandi1&n$,wife, as 3. , j. I:,,) I ._ joint tenants,’ a& ~~f~‘~+%rcel 3, hereinafter’ referred to as’ “C&&e? creates a’ covijnant for ,’ 5 _,_, .., L. J’,.: ; easement for the purpose stated hereon; over, across and upon the real property described in ;I, ,, ‘I$ :: _) Exhibit “A” for the benefit of the property referred to in Exhibit “B’~~“lf”ihis covenant for easement 2 ‘: ,_, may be released on$%&cording to the procedures e&&$ished by law if% is‘determined by the ,A; City that the covenant is no ldnger needed:to achieve the land use go& of the City. ,:, s,:;, L This covenant for easement is ‘re&$ired by a condltt&Y &f approval for a major subdivision number CT 99-01 issued by the City of Carlsbad for development located on real property described in Exhibits “A” and “B”. 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. 1 Masters/Forms/Covenant for Easement Rev. 4128197 7422 - The property benefited 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. 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 property. By: Carlsbad Beach Group Investors, LLC, a California Limited Liability Company by its managing member Merit Group, Inc., a California corporation by its president H. David Buckmaster as owner to Parcels 1 & 2 and H, David Buckmaster and Patricia A. I;;diF--- Buckmaster, husband and wife as joint tenants, as H. David Buckmaster, President Patricia A. Buckmaster. Owner (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: MasiedFomWCovenant for Easement 2 Rev. 4/28/97 7423 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of county of On personally appeared c] personally known to me - VAME!Si CF 3iGhER,Sl to be the person(s) whose name(s) is/are subscribed to the ltiithin instrument and ac- knowledged to me that heishelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGHAXRE CF HOTAAY OPTIONAL Though the data below is not required by law, it may prove valuable :o perscns relyir. c on the document and could prevent fraudulent reattachment of this !orm. CAPACITY CLAIMED BY SIGNER a INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION Of- AIJACHED DOCUMENT Pn\lmasrt Gr TITLE(S) m PARTNER(S) cl LIMITED 0 GENERAL m ATTORNEY-IN-FACT q TRUSTEE(S) m GUARDW’UCONSERVATOF 0 OTHER: TITLE 6R TYPE OF DOCUMENT e.ctse~~ NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF f?zF8oqq OR ENTrrwES) SIGNER(S) OTHER THAN NAMED ABOVE 7424 Exhibit “A” PR 00-74 CT 99-01 Lwal DescriDtion A portion of land in Lot 5 of Carlsbad Beach Estate<, City of Carlsbad Tract 99-01 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. lq0Y7 , filed in the office of the County Recorder of San Diego County, -10 2,000, more particularly described as follows: A 4-foot wide strip Southeasterly of the Northwesterly property line, Southwesterly of the Northwesterly property line, Northwesterly of the Southeasterly property lines and Northeasterly of the Southwesterly property line of said Lot 5 as follows: commencing at the most Southerly comer of Lot 4 of said City of Carlsbad Tract 99-01, Map No. 14047 , thence South 59D21’57” West, 4.00 feet to the True Point of Betinning; thence North 55”21’57” East, 67.00 Feet; thence South 34’ 36’19” East, 112.85 feet; thence South 55921’29” West, 63.00 feet; thence South 19041’18” West, 46.00 feet to the Point of Terminus, 7425 Exhibit “B” PR W-74 CT W-01 Lena1 Descrhtion Lot 4 of Carlsbad Beach Estates, City of Carlsbad Tract 99-01 in the City of Carlsbad, County of San Diego, State of California according to Map thereofNo. 14047 , filed in the office of fhe County Recorder of San Diego County, %Pr. lb 2,000. 7426 LEGEND: INOlCATES PROPERTY -- - -LINE INUCATES LOf LINE I// -, - INMaTEs us@NT GRANTEO HEREON LEGAL DESCRIPTION : LOT 5 OF CARLSBAO BEACH ESTATES,CITY OF ChRLsBAD TRXT99-OI,INTHE CITY OF CARLSBAD,COUNTY OFSANOIEGO, STATE OF CALIFORNIA ACCOROING TO MAPTHEREOF NO. 14047 flLE0 IN THE OFFICE OF THE COUNTY RECOROER OF SAN OIEGO COUNTY .- BASIS OF BEARINGS: THE OASIS OF BEARINGS FOR THIS PLAT IS THE CENTERLINE OF CHINQUAPIN AVENUE AS SHOWN ON P. M. II787 AN0 R.O.S. 16305 i.e., N 5S02 1’57”E. ENGINEER OF WORK: E RICCI CIVIL ENGINEERING 1014 W WASHINGTON ST. SAN OIEGO,CA. 92103 PHONE : (619) 296-3183 ERICK , L. RICCI, R.C.E. 32103 EXP. 12/31/00 VICINITY MAP EXHIBIT”C” no scale SHEET 1 OF 2 PRIVATE DRAINAGE EASEMENT- CITY OF CARLSBA APLICANT : PREPARE0 BY : A.P. N. CARLS6AO 0EACH E RICCI CIVIL ENGIFLERING GROUP IIW. LLC IOl4W.‘MSHINGTON ST 206.-080-32 LITIEL CAMINOREAL STE2 sAN ,,jEG(-,, CA 92103 ocEANslM, CA.92034 PR 00-74 PHOUE (760)72l-6499 (6191296-3183 CT 99-01 7427 E CHINQUAPI N AVE. - - I- I LOT I ’ I r . . f LOT LOT LOT 2 5 4 I APLICANT : so’ j EX’hIBIT’k” d sd 100’ SCALE f” = 50’ SHEET 2 OF 2 PRlVAtE DRAIN/SE EASEMENT-CITY OF CARLSBADI PREVAREO BY: I P N. . . I I N5!5?I “!Vc 4.00’ -J&#J \ TPn R, J * I.. .-.-.- LOT 5 4.0’ PRIVATE = h rr) 0 m a a f cAuLsmo @IEACH I?kCl ClVlL EIWNEERING maw mu. LLC IOI4W WAStWuG’TDN ST 2’71EL CA- llEaL5’IXa * SANME%O CA 92103 =EAWs=SA.S2054 PHOM E (760)72I- b499 I/ (619R96-k3 206-080-32 PR 00-74 I CT 99-01