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Home My WebLink AboutMS 04-01; |Busby, Gene J.|Busby, Kim R.|; 2008-0121473; CovenantRECORDED AT THE REQUEST OF CHICAGO TITLE COMFKNY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 5251 DGC# 2008-0121473 MAR 07, 2008 12:07 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 30.00 PAGES: 8 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 06-02 Access 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 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 5252 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 access and drainage 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. Dated: / /I Q A I ? Gene J. Busby and Kim R. Busby, husband and wife as trustees and subsequent trustees of theBusbv Fami|y Trust dated °ct°ber 26' 20°1 Kim Busby (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 eputy City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 5253 State of California County of San Diego ) ;_JoAof\ 0On Ql /QB/Q'7 before me, ;_oAof\ cee . f\oou/ puic (Date) (Name, Title of Officer) personally appeared Gre/^e J/ bi/sb j KiiM R, (Name^s] df Signer®) L n personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the perso*fX§> whose is/are subscribed to the within instrument and acknowledged to me that jae/^Me/they executed the same in bfe/Her/their authorized capacities)) and that by h/s/b4r/their signaturq((s))on the instrument the persor^sj) or entity upon behalf of which the persoi^s)) acted, executed the instrument. WITNESS my hand and official seal P> Signature of Notary /i. 1 1339525 ,, NOTARY PUBUC-CAllFORHtt 0)S« Diego County*l Comn. Expitei Peg 30. 2MB (This area for official notary seal) Title or Type of Document C#v'er\ixK\. T -Tor £cv^eivu?K\~(' Date of Document Signemfsji) other than named above Kc>ria.l d No. of Pages Q *x ' 6*U | H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 EXHIBIT "A" P R 06 - 02 5254 AN EASEMENT FOR JOINT ACCESS AND DRAINAGE OVER PARCEL 4 FOR THE BENEFIT OF PARCELS 1 AND 3, 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 SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,1888, TOGETHER WITH A PORTION OF 9TH STREET, BETWEEN BLOCKS 86 AND 88 OF SAID TOWN OF CARLSBAD AS VACATED AND CLOSED TO PUBLIC USE ON FEBRUARY 15,1893, BY ORDER OF BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN THOSE CERTAIN DEEDS 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 AND NOVEMBER 17, 2003 AS DOCUMENT NUMBER 2003-1377829, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LAND CONVEYED BY SAID DEEDS TO GENE AND KIM BUSBY, SAID CORNER BEING THE NORTHWESTERLY CORNER OF PARCEL 4 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-01, THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID DEEDS 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 SATO NORTHERLY LINE, NORTH 55°56'56" EAST 68.51 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE SOUTHEASTERLY SOUTH 34°01'49" EAST 65.43 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34°01'49" EAST 135.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEEDS TO GENE AND KIM BUSBY, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SATO 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 SAID SOUTHERLY LINE, NORTHWESTERLY NORTH 34°01'49" WEST 135.00 FEET; THENCE NORTH 55°58'41" EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2025.00 SQ.FT. 0—7 DOUGLAS R. MELC^HOR, P.L.S. 4611 EXPIRATION 9-30-08 0.047 ACRES MORE OR LESS 12-07-2006 DATE M.S. 04-01 PCD 05-01 PAGE 1 OF 1 EXHIBIT "B" 5255 P R 06 - 02 LEGAL DESCRIPTION OF PARCELS 1 AND 3 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 SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, TOGETHER WITH A PORTION OF 9TH STREET, BETWEEN BLOCKS 86 AND 88 OF SAID TOWN OF CARLSBAD AS VACATED AND CLOSED TO PUBLIC USE ON FEBRUARY 15, 1893, BY ORDER OF BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN THOSE CERTAIN DEEDS TO GENE AND KM BUSBY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 30, 2003 AS DOCUMENT NUMBER 2003-0910656 AND NOVEMBER 17,2003 AS DOCUMENT NUMBER 2003-1377829, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 OF MINOR SUBDIVISION 04-01 BEGINNING AT THE NORTHWESTERLY CORNER OF LAND CONVEYED BY SATO DEEDS TO GENE AND KM BUSBY, SAID CORNER BEING THE NORTHWESTERLY CORNER OF PARCEL 4 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-01; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID DEEDS TO GENE AND KM BUSBY, SAID LINE BEING THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 55°53'25" EAST 21.49 FEET; THENCE CONTINUING ALONG SATO NORTHERLY LINE, NORTH 55°56'56" EAST 68.51 FEET TO THE NORTHWESTERLY CORNER OF PARCEL 3 OF SAID CITY OF CARLSBAD MINOR SUBDIVISION 04-01; THENCE SOUTHEASTERLY SOUTH 34'01'49" EAST 200.43 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEEDS TO GENE AND KM BUSBY, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL 3; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 55°58'41" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL 1 OF SAID CITY OF CARLSBAD MINOR SUBDIVISION 04-01, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTHWESTERLY NORTH 34°01'49" WEST 115.70 FEET TO A CORNER OF SAID PARCEL 1; THENCE EASTERLY NORTH 55°58'41" EAST 95.34 FEET TO A POINT ON THE EASTERLY LINE OF SATO DEEDS TO GENE AND KM BUSBY, SAID POINT BEING THE NORTHEAST CORNER OF SATO PARCEL 1; THENCE SOUTHERLY ALONG SATO EASTERLY LINE SOUTH 34°02'27" EAST 115.70 FEET TO THE SOUTHEAST CORNER OF SAID DEEDS TO GENE AND KM BUSBY, SATD CORNER BEING THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID DEEDS, SAID LINE BEING THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 55°58'41" WEST 95.36 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 11032.07 SQ.FT. 0.253 ACRES MORE OR LESS PARCEL 3 OF MINOR SUBDIVISION 04-01 BEGINNING AT THE NORTHWESTERLY CORNER OF LAND CONVEYED BY SAID DEEDS TO GENE AND KM BUSBY, SATO CORNER BEING THE NORTHWESTERLY CORNER OF PARCEL 4 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-01; THENCE NORTHEASTERLY ALONG THE M.S. 04-01 PCD 05-01 PAGE 1 OF 2 NORTHERLY LINE OF SAID DEEDS 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°56'56" EAST 68.51 FEET TO THE NORTHWESTERLY CORNER OF PARCEL 3 OF SAID CITY OF CARLSBAD MINOR SUBDIVISION 04-01, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY SOUTH 34°01'49" EAST 200.43 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEEDS TO GENE AND KIM BUSBY, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL 3; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 55'58'41" EAST 15.00 FEET TO A CORNER OF SAID PARCEL 3; THENCE LEAVING SAID SOUTHERLY LINE, NORTHWESTERLY NORTH 34°01'49" WEST 115.70 FEET TO A CORNER OF SAID PARCEL 3; THENCE EASTERLY NORTH 55°58'41" EAST 95.34 FEET TO A POINT ON THE EASTERLY LINE OF SAID DEEDS TO GENE AND KIM BUSBY, SAID POINT BEING THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 34'02'27" WEST 84.78 FEET TO THE NORTHEAST CORNER OF SAID DEEDS TO GENE AND KM BUSBY, SAID CORNER BEING THE NORTHEAST CORNER OF SATO PARCEL 3, THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID DEEDS, SAID LINE BEING THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 55°56'56" WEST 110.32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 11,086.09 SQ.FT. DOUGLAS R.MELCI EXPIRATION 9-30-08" P.L.S.4611 0.255 ACRES MORE OR LESS 12-07-2006 DATE PAGE 2 OF 2 M.S. 04-01 PCD 05-01 EXHIBIT "C " PLAT FOR JOINT ACCESS AND DRAINAGE COVENANT FOR EASEMENT PURPOSES OVER PARCEL 4 FOR THE BENEFIT OF PARCELS 1 & 3 ALL IN MS 04-01, CARLSBAD, CALIFORNIA N 55'56'56" E 178.83' __ 68.51' N 55"53'25" I 21.49' PARCEL 4 M.S. 04-01 15,00' JOINT ACCESS & DRAINAGE ESMT OVER PARCEL 4 FOR THE BENEFIT OF PARCELS 1 & 3td CO8 S£ ro N 55'58'41" E 75.00' g PARCEL 2 M.S. 04-01 75.00' 110.32* 5256/4 PARCEL 3 M.S. 04-01 00 34 JOINT ACCESS & DRAINAGE ESMT OVER PARCEL 3 FOR THE BENEFIT OF PARCELS 1 & 4 N 55'58'41" E 95.34' D=90*00'00" R=15.00' 3.00' L=23.56' OJ ho 3.00' - D=90"00'00" £ R-15.00' °- L=23.56' PARCEL 1 M.S. 04-01 T.P.O.B. = INDICATES TRUE ^ T.P.O.B. POINT OF BEGINNING 3 /EXHIBIT "B" PARCEL 1 95.36' -A 15.00' 15.00' N 55'58'4r E 200.36'OAK AVENUEc—^r GRAPHIC SCALE EASEMENT PLAT CITY OF CARLSBAD BASIS OP BEARINGS: l N 55"58'4r E THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 121 & CLSB122, PER ROS 17271. IE: N OITO'OB" W 1925.22' GRID JOINT ACCESS & DRAINAGE ESMTl SHEET 1 OF 1 SHEETS APPLICANT: GENE & KIM BUSBY 1212 OAK AVENUE CARLSBAD. CA. 92008 760-845-2679 LST-461FEXP. 9-30- 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010 (760) 438-1726 JN 2793PLT-E PR 06-02 A.P.N. 156-180-36 DATE 03-13-2006 MS 04-01 PCD 05-01 2793PLT-E 5257 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 Bubsy 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 ISINGER/Ddputy Clerk