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HomeMy WebLinkAboutMS 06-03; Ozaki, Rinko; 2009-0692054; Covenantu>p RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DGC# 2009-0692054 DEC 15, 2009 9:43 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 24.00 PAGES: 10311 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 205-220-10 PROJECT NO. & NAME: Ozaki Parcel Map MS 06-03 PR 08-56 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) Rinko Ozaki, trustee under declaration of trust dated November 20,1992, 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 condition number 10 of approval for a Minor Subdivision, MS 06-03, 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: 10312 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for access easement 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: (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 10313 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On C.. -"? C\ o Ox Date personally appeared °\ before me, \<o Here Insert Name and Title of the Officer Name(s) of Signer(s) OFFICIAL SEAL AMALISSA ALBANNA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in his/her/theif authorized capacity(iee), and that by te/her/thetf-signature^ on the instrument the person^, or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se; Place Notary Seal Above Signature. OPTIONAL - Signature of NotaV Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ^ Document Date: CL _ r~2_ Qi ~ a Signer(s) Other Than Named Above: \ Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 O 10314 EXHIBIT "A" (BURDENED PROPERTY) ACCESS EASEMENT PR 08-56 ACCESS EASEMENT OVER A PORTION OF PARCEL 1 OF PM FOR THE BENEFIT OF PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY Pi C- ' VS , ^0<-\ AS FILE NO. QXQtj •-Cb <11£ 5^ . DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 1 OF PARCEL MAP O^TI 3)M ALSO BEING THE CENTERLINE OF CHESTNUT AVENUE; THENCE ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID PARCEL 1 S 28°07'10" E 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY PROPERTY LINE S 28°07'10" E 53.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE N 60°56'53" W 36.89 FEET; THENCE PARALLEL TO SAID NORTHEASTERLY LINE N 28°07'10" W 22.00 FEET TO THE SOUTHEASTERLY SIDELINE OF CHESTNUT AVENUE; THENCE ALONG SAID SIDELINE N 61°52'50" E 20.00 FEET TO THE TRUE POINT OF BEGINNING. 750 SO. FT. Gary H. M^ill £/ Date L.S. 5871 Exp. 12-31-2010 10315 EXHIBIT "B" (BENEFITED PROPERTY) COVENANT OF ACCESS EASEMENT PR 08-56 PARCEL 2 OF PM . IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY QgC , __ '' S , ^&C °\ AS FILE NO. n^ " Gary H. L.S. 587 Exp. 12-31-2010 Date 10316 EXHIBIT "C" CHESTNUT AVENUE b bCM CM O\ O\ t-x -<tcsi CM II k k P P CQ OQ •N61'52'50WE 96. OO •JJ6J'52'50"E 96. OO 76.00' N28'Q7',IOW bCM o\ .20' N6I'52'50'E 76.00' -T.P.D.B N6l'52'50'E 96.00' LEGEND PARCEL MAP BOUNDARY LOT LINE RIGHT OF WAY ACCESS EASEMENT 750 SO. FT. O O O O OCM O PR 08-56 ENGINEERING Single Source Development Consultant S. RANCHD SANTA FE #204 SAN MARCDS, CA. 92078 (760) 510-3152 Ph / (760) 510-3153 Fax