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Home My WebLink AboutMS 00-06; ; 2001-0481762; CovenantDOG # 2001-0481762 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUL 12, 2001 4:lO PM 12748 rnICI# llEccm fflfDl&yfi~;~ km: ’ 0.00 lullll~lall~llllllB 2001-0481782 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 205-21 O-09-00 PROJECT NO. & NAME: MS 00-06 Chestnut Homes 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) Chestnut Homes, 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 “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 a Minor Subdivision number MS 00-06 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: Maste.r5/Fom?dCovenanl for Easerent 1 Rev. 4/z&197 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for reciprocal access 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. 1 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: By: Chestnut Homes, LLC, a California limited liability company By- (sign name here) Loran Wiqqrs,Mqnqging Member (sign name here) R. R. Robinson. 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 AlTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: \ MasterdFomWCovenant for Easement Rav. 4i29l97 * , . . . State of California County of San Diego Or&.Q?, 27,2LBI before me, &rKju\ &*Q$ &w% QubiiL (Date) I (Name, Title of Officer)’ personally appeared bVI2-n d; VI&65 a& f?ba. ‘O ’ ’ r%8 bul (Name[s] of Signer[s]) X . personally known to me -OR - . (proved to me on the basis of satisfactory evidence) to be the perso@whose name@ ,4&o b re su scribed to the within instrument and acknowledged to me that executed the same in 4 her authorized capacit@ and that by signatur the instrument the perso@ or entity upon behalf of which the perso@ acted, executed the instrument. WITNESS my hand and official seal J 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 3 Rav. 4/28/97 I Maslars/Fom/Covenant for Easement EXHIBIT “A” Burdened Property PR 01-56 LEGAL DESCRIPTION A portion of Parcel 3 of Carlsbad Minor Subdivision No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. \%v-td filed in the Office of the County Recorder of San Diego County on zs& \z ,2001: more particularly described as follows: A strip of land being the northerly 174.90 feet of the Easterly 15.00 feet of Parcel 3 per said Parcel Map. Said parcel of land contains 2,624 square feet, more or less. dQ S.dA b-25-a John L. Walters PLS Date EXHIBIT “6” Benefited Property PR 01-56 12752 LEGAL DESCRIPTION Being Parcel 4 of Carlsbad Minor Subdivision No. 00-06 in the City of Cartsbad, County of San Diego, State of California, according to Parcel Map thereof No. \ %? ti G , filed in the Office of the County Recorder of San Diego County on \Y \z ,200l. Said parcel of land contains 18,599 square feet, more or less. John L. Walters PLS Date 1 . I EXHIBIT “C” 1 . 272.,3 1 MAP SHEET 1 OF 6945 LOT I LO-r 12 MINOR SUBDIVISION NO. 00-06 CHESINUT l - SIS QI BEARINGS BASIS OF BEARINGS AVENUE BA N 61’21’OO”E 203.“n’ I -“” \ CENTERLINE OF CHESTNUT 0 J Ih PaPa .mr /l “T.lz:nr AVENUE PER MAP 6346. - I.E. N 61’21’OO”E I 1”; N 61 l 2 1’OO”E 202.99’ - I\ -3 84.99’ ‘;:::.f \ - 86.00’ I LEGEND THUM LANDS -0 :;!q- j7’ . . TRACT 240 1 MAP -2 % 0 0 M 0 T P -i 4 .--I.- q E AREA: )3,321 SF ) _A 2 FOOT WIDE SEWER EMENT IN FAVOR OF THOMAS & WINIFRED McMAHON. ORDED 2-27-1973 AS FILE 04 REC 1 NO. 73- EASEMENT FOR PUBLIC ITIES AND INCIDENTAL POSES IN FAVOR OF &E, RECORDED MAY 6, 1949 IN BOOK 3195, PAGE --- 366 , OF O.R. DOCUMENT DOES GIVE THE WIDTH OF SAID TMENT, ONLY ADJACENT TO ti THE SOUTHWEST BOUNDARY 1 N 6 1’2 1 ‘00--E 1 N 61-21 UU t LJb DESC _ RIPTIONS -rzI uu t 1 J&30 -2 NOT Ni IX3 .051320 OF O.R. .* I In z - PARCEL 3 PARC AREA: 17,812 SF AREA: ‘IO,i)JJ al- y I in A/ B XL4 yj ,acnn PC In SCALE: 1” = 50’ \I/ 99.89’ 103.00’ \ I N 61’i0’31”E 202.89’ I \ ” \ I MAP 8479 ’ I JOHN L. WALI;Ek P;S APPLICANT EASEMENT PIAT GIN OF CARLSBAD PR 01-56 PREPARED By: :HESTNUT HOMES, LLC PLAT FOR COVENANT OF EASEMENT FOR !551 STATE STREET John L. Walters PLS ACCESS OVER PARCEL 3 FOR THE :ARLSBAD, CA 92008 1807 South Nevada St. BENEFIT OF PARCEL 4. 760) 729-7964 Oceanside, California 92054 phone: (760) 722-1200 MS 00-06