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Home My WebLink AboutMS 04-01; |Busby Kim R.|Busby, Gene J.|; 2008-0121472; CovenantRECORDED AT THE REQUEST OF CHICAGO TITLE COMFfcNY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 5244 DOC# 2008-0121472 MAR 07, 2008 12:07 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 27.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 156-180-36 PROJECT NO. & NAME: MS 04-01 BUSBY MINOR SUBDIVISION PR 06-01 Drainage and Sewer 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) Gene J. Busby and Kim R. Busby, husband and wife as trustees and subsequent trustees of the Busby Family Trust dated October 26, 2001, 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 04-01 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 HVDevelopment Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev 4/28/97 5245 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 and sewer purposes 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. Gene J. Busby and Kim R. Busby, husband and wife as trustees and subsequent trustees of the ^ . . <^/ --J 1 ^ f) j Busby Family Trust dated October 26, 2001Dated: 7 £> / c/u? #SeneJ. Busby, Trustee KimlS dsbyTTrustee (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: RONALD R. BALL City Attorney ^-Deputy City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. A/28197 5246 State of California County of San Diego (Date)(Name, TKle of Officer) personally appeared fiOTULT- BlfilftA ^ & frl-J 7(Name[s] of Signers]) A n personally known to me -OR (prgvedtg^me on the basis of satisfactory evidence) to be the personfs))whose name^s)) reXare subscribed to the within instrument and acknowledged to me that fte£§He/they executed the same in fit&CfieTvItheir authorized capacity(jesp and that by hfe/b^F/Jheir signatures'on the instrument the persoi$(s^) or entity upon behalf of which the persorKsn acted, executed the instrument. WITNESS my hand and official seal Signature of Notary 1OFFICIAL SEAL CHRISTI WAYMIRE NOTARY PUBLIC-CALIFORNIA i! 'QOMM. NO. 1622761 ? SAN OIEQO COUNTY • MYCOMM.EXPD€C.04.2009| (This area for official notary seal) Title or Type of Document O 1^Date cX 1 of Document Signer(s) other than named above No. of Pages -^ H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 5247 EXHIBIT "A" PR 06-01 AN EASEMENT FOR DRAINAGE AND SEWER PURPOSES OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 4, CITY OF CARLSBAD MINOR SUBDIVISION 04-01. THAT PORTION OF TRACT 119 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915 AND ALL THOSE PORTIONS OF LOTS 25 TO 32 INCLUSIVE IN BLOCK 86 OF THE TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED IN THAT CERTAIN DEED TO GENE AND KIM BUSBY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 30,2003 AS DOCUMENT NUMBER 2003-0910656, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID DEED TO GENE AND KIM BUSBY, SAID CORNER BEING THE SOUTHWESTERLY CORNER OF PARCEL 2 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-01, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SATO DEED TO GENE AND KIM BUSBY, SAID LINE BEING THE WESTERLY LINE OF SAID MINOR SUBDIVISION 04-01, NORTH 34°01'49" WEST 100.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2 OF MINOR SUBDIVISION 04-01; THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 2 OF MINOR SUBDIVISION 04-01, NORTH 55'58'4P EAST 5.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTHEASTERLY SOUTH 34*01'49" EAST PARALLEL AND 5.00 FEET EASTERLY OF SATO WESTERLY LINE 100.00 FEET TO THE SOUTHERLY LINE OF SAID DEED TO GENE AND KIM BUSBY, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID PARCEL 2 OF SAID CITY OF CARLSBAD MINOR SUBDIVISION 04-01; THENCE WESTERLY ALONG SAID SOUTHERLY LINE SOUTH 55°58'41" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 500.00 SQ.FT. DOUGLAS R. MELCfflOR, P.L.S. 4611 EXPIRATION 9-30-06 0.011 ACRES MORE OR LESS 3-13-2006 DATE M.S. 04-01 PCD 05-01 PAGE 1 OF 1 EXHIBIT "B" P R 06 - 01 LEGAL DESCRIPTION OF PARCEL 4 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-01 5248 THAT PORTION OF TRACT 119 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1,1915 AND ALL THOSE PORTIONS OF LOTS 25 TO 32 INCLUSIVE IN BLOCK 86 OF THE TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED IN THAT CERTAIN DEED TO GENE AND KIM BUSBY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 30,2003 AS DOCUMENT NUMBER 2003-0910656, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID DEED TO GENE AND KIM BUSBY, SAID CORNER BEING THE SOUTHWESTERLY CORNER OF PARCEL 2 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-01; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID DEED TO GENE AND KIM BUSBY, SAID LINE BEING THE WESTERLY LINE OF SAID MINOR SUBDIVISION 04-01, NORTH 34°01'49" WEST 100.00 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL 4 OF MINOR SUBDIVISION 04-01; SATO CORNER BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID WESTERLY LINE OF SAID DEED TO GENE AND KM BUSBY, SATO LINE BEING THE WESTERLY LINE OF SAID PARCEL 4 OF SAID MINOR SUBDIVISION 04-01, NORTH 34'01'49" WEST 100.36 FEET TO THE NORTHWESTERLY CORNER OF SAID DEED TO GENE AND KIM BUSBY, SAID CORNER BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 4; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID DEED TO GENE AND KIM BUSBY, SAID LINE BEING THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 55*53'25" EAST 21.49 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 55'56'56n EAST 68.51 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE SOUTHEASTERLY SOUTH 34'01'49" EAST 200.43 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEED TO GENE AND KIM BUSBY, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL 4; THENCE WESTERLY ALONG SAID SOUTHERLY LINE SOUTH 55'58'41" WEST 15.00 FEET TO A CORNER OF SAID PARCEL 4; THENCE LEAVING SATO SOUTHERLY LINE, NORTHWESTERLY NORTH 34°01'49" WEST 100.00 FEET TO A CORNER OF SAID PARCEL 4; THENCE WESTERLY SOUTH 55°58'41" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. 0.242 ACRES MORE OR LESS 3-13-2006 DATEDOUGLAS EXPIRATION 9-30-06 S.4611 PAGE 1 OF 1 M.S. 04-01 PCD 05-01 EXHIBIT "C" PLAT FOR DRAINAGE AND SEWER COVENANT FOR EASEMENT PURPOSES OVER PARCEL 2 FOR THE BENEFIT OF PARCEL 4, ALL IN MS 04-01, CARLSBAD, CALIFORNIA N 55'56'56" E 178.83' _ 68.51' N 55'53'25" E 21.49' en C71 110.32' PARCEL 3 M.S. 04-01 5249 PARCEL 4 M.S. 04-01 /V J.P.O.B. / EXHIBIT "B" // -5.00' QOH* QO i N 55'58'41> E 30.00' 19.30' N 55'58'41' E 75.00' 5.0' DRAINAGE AND SEWER EASEMENT TO BENEFIT PARCEL 4 PARCEL 2 M.S. 04-01 -5.00' T.P.O.B. EXHIBIT "A" 75.00' N 55'58'41" E 95.34' D=90'00'00" R=15.00' 3.00' L=23.56' 3.00' D=90'001001' R=15.00| L=23.56' PARCEL 1 M.S. 04-01 T.P.O.B. = INDICATES TRUE POINT OF BEGINNING 95.36' pi ^o Ol iss 5.00' <£ 15.00' N 55'58'41 SCALE 90 SCALE 1 = 30 FEET 15.00' " E 200.36'OAK AVENUE N 55'58'4r E * BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 121 & CLSB122, PER ROS 17271. EASEMENT PLAT CITY OF CARLSBAD IE: N OV03'08" W 1925.22' GRID DRAINAGE AND SEWER EASEMENT SHEET 1 OF 1 SHEETS APPLICANT: GENE & KIM BUSBY 1212 OAK AVENUE CARLSBAD, CA. 92008 760-845-2679 LSr*611<EXP. MLSIE9 5731 PALMER WAY, SUITE G CARLSBAD. CALIFORNIA 92010 (760) 438-1726 JN 2793PLT-E PR 06 - 01 A.P.N. 156-180-36 DATE 03-13-2006 MS 04-01 PCD 05-02 5250 CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement from the Bubsv Family Trust to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: January 7. 2008