HomeMy WebLinkAboutMS 01-11; ; 2002-0298976; Covenant' * RECORDED REQUEST OF
Fir'st American Title
SUBDIVISION MAPPING DEPT.
RECORDING REQUESTED BY:
CREST LOTS, LP. MSK DEVELOPMENT
550 LAGUNA DRIVE CARLSBAD. CA 92008
AND WHEN RECORDED MAIL TO:
CITY CLERK CITYOF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CA 92008
.,
APR 3-09 2002 1-19 PM
OFFICIRL REWRDS
8763 GREGORY J. SMITH, iY"V RiMRDER W DIEGU COUNTY REWRDER'S OFFICE
' FEES: 22.00
/a 7 3 3276 -6 SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSORS PARCEL NO. JSi-15242
PROJECT NO. & NAME MS 01-1 1 , ?R 02-3q
MINOR SUBDIVISION
COVENANT FOR EASEMENT
(GOVERNMENT CODE ARTICLE 2.7 COMMENCING
OF TITLE 7, CARLSBAD MUNICIPAL CODE SECTION 20.04.140)
WITH SECTION 65870 OF CHAPTER 4 OF DIVISION 1
CREST LOTS L.P.. A CALIFORNIA LIMITED PARTNERSHIP, HEREINAFTER
REFERRED TO AS "OWNER" CREATES A COVENANT FOR EASEMENT FOR THE
PURPOSESSTATEDHEREON:OVER,ACROSSANDUPONTHE REALPROPERTY
DESCRIBED IN EXHIBIT "A" FOR THE BENEFIT OF THE PROPERTY REFERRED TO
ACCORDING TO THE PROCEDURES ESTABLISHED BY LAW IF IT IS DETERMINED
IN EXHIBIT "B". THIS COVENANT FOR EASEMENT MAY BE RELEASED ONLY
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
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:
FOR A PROPOSED MINOR SUBDIVISION NUMBER MS 01-1 1 ISSUED BY THE CITY
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:
SEE EXHIBIT "B" ATACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "C" IS PROVIDED FOR CLARITY ONLY.
THIS COVENANT FOR EASEMENT PROVIDES FOR PRIVATE DRAINAGE
PURPOSES OVER, ACROSS AND UPON THE BURDENED PROPERTY FOR THE
BENEFIT OF 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: J -/a& BY: CREST LOTS L.P.’
A CALIFORNIA LIMITED PARTNERSHIP
BY MSK MANAGEMENT, INC.,
A CALIFORNIA CORPORATION
BY
BY:
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT
ALTERNATELY A TRUCE COPY OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY MUST SIGN FOR THE CORPORATE EXECUTIONS OF THIS DOCUMENT.
SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIWDUAL 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:
RONALD R. BALL
CITY ATTORNEY
8765
EXHIBIT “A”
A 5.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT 19 OF WlLSONlA
TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE
RECORDER’S OFFICE OF SAID COUNTY ON AUGUST 13, 1929, THE
NORTHWESTERLY AND NORTHEASTERLY LINE OF SAID 5.00 FOOT WIDE
STRIP IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 19; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 19 NORTH 55’25’33’’ EAST,
173.77 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH
35°10’17” EAST, 107.61 FEET TO THE NORTHWESTERLY LINE OF THE
SOUTHEASTERLY 98.15 FEET OF SAID LOT 19.
EXCEPTING THEREFROM THE SOUTHWESTERLY 10.00 FEET.
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
a
. 8766
EXHIBIT “B”
THE NORTHWESTERLY 101.17 FEET OF LOT 19 OF WlLSONlA TRACT, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE
RECORDER’S OFFICE OF SAID COUNTY ON AUGUST 13,1929, TOGETHER
WITH THAT PORTION OF THE SOUTHWESTERLY 193.00 FEET OF SAID LOT
19 LYING NORTHWESTERLY OF THE SOUTHEASTERLY 98.15 FEET OF
SAID LOT 19 AND LYING SOUTHEASTERLY OF THE NORTHWESTERLY
101.17 FEET OF SAID LOT 19, ALL AS SHOWN ON RECORD OF SURVEY
MAP NO. 16531, FILED IN SAID RECORDERS OFFICE ON MARCH 31,2000,
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 19; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LOT 19 NORTH 5525’33’’
EAST, 173.77 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH
35”1017” EAST, 107.61 FEET TO THE NORTHWESTERLY LINE OF THE
SOUTHEASTERLY 98.15 FEET OF SAID LOT 19.
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
EXHIBIT "C"
43
"
"
1" = 100' \'
LS. 41122
EXISTING EASEMENT FOR PUBLIC SEWER PURPOSES
TO CIW OF CARLSBAD RECORDED 5- 16-200 1 AS
DOC. NO. 2001-0310633, O.R.
PRIVATE DRAINAGE C4SEMENT
ME OR UNDER MY DIRECTION. mls PLAT WAS PREPARED BY
STATE OF CALIFORNIA COUNTY OF San Diego 1
1 }ss.
On 3/18/02 , before me, Linda Lopez
personallyappeared Joseph A. Gallaqher and Joyce L. Lively
, personally known to me
(erpravedto me on me Dasls ot satlstactory evlt%?nce) to be the person@) whose name(s)dare
subscribed to the within instrument and acknowledged to me that h&he/they executed the same
in hWber/their authorized capacity(ies), and that by hkfber/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
V
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged