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Home My WebLink AboutCT 99-04-01; ; 2002-0358067; Covenant.. .. RECOROINGREQUESTEOBY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 4633 DOC # 2002-0358067 OFFICI# REC€RDS FEES: 25.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSORS PARCEL NO. 223-060-15 81 49 PROJECT NO. 8 NAME: CT 99-04-01 Villages of La Costa - La Costa Oaks (South) PR.II1.11n COVENANT FOR EASEMENT with Section 65870 of Chapter 4 of Division 1 (Government Code Article 2.7 commencing of Title 7; Carlsbad Municipal Code Section 20.04.140) I Real Estate Collateral Management Company, a Delaware Corporation, 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 “A for the benefit of the property referred to in Exhibit “B“. 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 Carlsbad Tract Number 99-04 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. The property benefited by this covenant for easement is described as follows: .L 4634 See Exhibit "6 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. Dated: Real Estate Collateral Management Company, - a Delaware corporation By: David A. Waits, Vice President I (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 eputy City Attorney 4635 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 Bersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(+ whose name(6j is/- subscribed to the within instrument and acknowledged to me that he/s!aeMepexecuted the same in his/herHktir authorized capacity@$, and that by his/- the entity upon behalf of which the person(+ signature(+ on the instrument the person(+, or acted, executed the instrument. WITNESS my hand and official seal. . nDTlnNAl Document Date: Number of Pages: Signer's Name: d 0 Individual 0 Corporate Officer - Title($ 0 Partner - 0 Limited 0 General 0 Trustee n Guardian or Conselvator 0 Other: Attorney-in-Fact \ Signer Is Representing: \ 4636 GOVERNMENT CODE 27361 -7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS AITACHED READS AS*FOLLOWS: - Name of the Notary: . I dd-6t56 PGLI 70 . Commission Number: I 3 3 2 .?IF Date Commission Expires: I/ , L5 - 07.c County Where Bond is Filed: D,66~ LDd/L r -1 Manufacturer or Vendor Number: bNAI (Located on both sides of the notary seal border) 4637 EXHIBIT “A” LEGAL DESCRIPTION COVENANT FOR DRAINAGE EASEMENT LOT 175 OF CITY OF CARLSBAD TRACT NO. 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 143 7 9 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON p PklC 29 ,2002 CONTAINING 44.076 ACRES, MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :DA M\2352\12\legal descriptionsb21-city-drainagecovenant-l75,176.doc WO 2352-12 12/31/01 4638 I EXHIBIT “B” LEGAL DESCRIPTION COVENANT FOR DRAINAGE EASEMENT LOT 176 OF CITY OF CARLSBAD TRACT NO. 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. / ‘/374 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRfL 24 ,2002 CONTAINING 25.712 ACRES, MORE OR LESS. A DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\2352\12\leQal desaiptions\a21-city-drainagecovenant-l75,176.doc WO 2352-12 12131/01 ~~ ~ ~~- ~~ MUNEWNC Sn orep~ U 9M FUNNING Xms Hmmekm Sm SUIVMNC W854155E45m F*W55b!4!4 R \026l\Wap\EP-Oaks S drainagecovenant .dwg[ 1993]Jan-08-2002 11: 58 SHEET 1 OF 1 COVENANT FOR DRAINAGE IXEMENT - CITY OF CARLSMD APPLICANT I PREPARED BY I PROJECT CT 99-04-01 1A.P.N.: REAL ESTATE COLLATERAL 10903 WRlM RACE, SUITE 180 C/O "?OW DMLOPKNT EXHIBIT "C " PR. 01-110 EXPIRES: 12/31/05 CARSBAD. CA 92008 LA COSTA OAKS SOUTH 8.02 WGEkENT CaPM WLLAGES OF LA COSTA