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Home My WebLink AboutMS 00-05; ; 2001-0358150; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOE # 2001-0358150 5\74 JUN 011 2001 10:25 #wi wFIcI#REam ~~~~~~ F&s: ' 22.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 156-230-41-00 PROJECT NO. & NAME: MS 00-05 Pacific View Homes PR 01-16 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) Pacific View Development, LLC, a California Limited Liability Company, 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 ‘3”. 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 a Minor Subdivision number MS 00-05 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: 1 MasferslForms/Covenant for Easement Rev. 4/29/97 5175 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. Dated: W& I Loran E. Winans, Managing Member (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: 2 1 MastetdFormfCovenant tar Easement Rev. 4”28/97 5176 State of California County of San Diego 9bl Onfl$~,$.&20/ before me, ,‘j/%UMOvl Il)LX&b & no@? u- ‘4 (Name, Title of Officer) personally appeared L&a/l? K L43 Izcjns (Name[s] of Signer[s]) L l personally known to me -OR - l (proved to me on the basis of satisfactory evidence) to be the perso@@ whose name@j @ ‘i are subscribed to the within instrument and acknowledged to me tha 62 is- executed the same in @/he&heir authorized capacity(w and that by@he#teir signaturewon the instrument the person@), or entity upon behalf of which the person&j’ acted, executed the instrument. WITNESS my hand and official seal )d.funn~ d&h/ Signature of Notary (This area for official notary seal) Title or Type of Document Date Document of No. of Pages Signer(s) other than named above I MastersJForrnslCovenant for Easement 3 Rev. 4/28/97 EXHIBIT “A” 5177 LEGAL DESCRIPTION Covenant for Easement for Drainage purposes over Parcel 3 (Burdened Property) for the benefit of Parcels 1 and 2 (Benefited Property), M.S. 00-05, PR 01-16. That portion of Parcel 3 of the City of Carlsbad Minor Subdivision NO. 00-05, in the City of Carlsbad, County of San Diego, State of California, according to Map th filed in the Office of the County Recorder of San Diego County, 2001, more particularly described as follows: The westerly 5.00 feet of Parcel 3 per said Map. Said Easement contains 707 square feet, more or less. John L. Walters PLS Date ” . . 5178’ EXHIBIT “B” LEGAL DESCRIPTION Covenant for Easement for Drainage purposes for the benefit of Parcels 1 and 2 (Beneftid Property), M.S. 00-05, PR 01-16. Parcels 1 and 2 of the City of Carlsbad Minor Subdivision NO. 00-05, in the Ci County of San Diego, State of California, according to Map thereof No. 1 of Cartsbad, 1117 , filed in the Office of the County Recorder of San Diego County, 2001. SA- \ , John L. Walters PLS 3-2Q-2csaI Date EXHIBIT “Cm -3 SHEET 1 OF 1 -& -- i ( I 1 POR T “12 s, -0 b- $ -b pr: \ 4? BASIS OF BEARINGS N 89’59’OO”W 121.02’ 0 t \ A -0 M w--p- --- \ N 89’59’OO”W 121.02’ 1 ) 60.51’ PARCEL 1 six. R 4 \lY 9 : :’ .I:. : I N 89’59’OO”W : :’ :; : ,‘. : ‘. :: :.:. :.;, I PARCEL 3 : ‘. IFPARCEL “B” ,.‘.’ 60.51’ PARCEL 2 6 ssM R l !G 7 - PARCEL “A” 60.51’ 121.02’ PARCEL 4 1% @lqyJ;, LANE ’ N 89’51’35”E 1 < i c c 517913 ~ \ R. s. 6 9 “1 BUENA VISTA AVENUE \ f I MINOR SUBDlVlSlON NO. DO-05 EASEMENT DESCRIPTION j 0 A EASEMENT FOR PUBLIC ROAD RECORDED 4-28-1931 IN BOOK 3 c 1887, PAGE 227 OF DEEDS. z 0 B EASEMENT FOR PUBLIC HIGHWAY RECORDED 1 O-l O-l 986 PER FILE NO. 86-458268, O.R. n Kl -g LEGEND h$ m$ii DRAINAGE EASEMENT La M PARCEL “A”: 303 SF r PARCEL “8”: 707 SF A STANDARD M-10 STREET MONUMENT WlTH BRASS DISC, -- 23 NO STAMP. SEE PM 15619. L p ACCEPTED AS THE RADIUS POINT OF THE CUL-DE SAC OF A -s CYTHIA LANE. : s 3 z h John L. Walters PLS Expires 6-30-2004 Orho SCALE: 1” = 40’ APPLICANT EASEMENT PLAT CITY OF CARLSBAD MS 00-05 PACIFC MEW PREPARED BY: PLAT FOR DRAINAGE EASEMENT DEVELOPMENT LLC John L. Walters PLS PURPOSES OVER PARCEL 3 FOR 2551 STATE STREET 1807 South Nevada St. THE BENEFIT OF PARCELS 1 & 2 CARLSBAD, CA 92008 Oceanside, California 92054 AND OVER PARCEL 1 FOR THE (760) 729-7964 phone: (760) 722- 1200 BENEFIT OF PARCEL 2.