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HomeMy WebLinkAboutMS 07-03; |Blakley Family Trust|Mayer|Wright|; 2009-0193174; CovenantRECORDING REQUESTED BY- Ticor Title- San Diego Branch U300) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2009-0193174 APR 15, 2009 3:43 PM OFFICIAL RECORDS 8406 SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER. COUNTY RECORDER FEES: 36.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 207-022-04-00 PROJECT NO. & NAME:MS 07-03 (PR 08-.27) INGOLD MINOR SUBDIVISION 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) Richard Blakley and Kimlien Blakley, trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and; Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Marita Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% interest, 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 07-03 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: 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 See Exhibit "A" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. 8407 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 a private drainage 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. 2 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 3408 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:\~l.?f}6°\ OWNERS: Richard Blakley and Kimlien Blakley, trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Marita Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% interest. Richard Bla~kley, Trustee^^tee Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest Kimlien Blakley, Trustee oftfje/lBlakley Family Trust dated May 30/2007 as to an undivided 50% interest Qfegcify Mayer, Husband as Joint Tenant as to an undivided 25% interest Wife as Jeant Tenant as to an Josh Wrigrft, HusBand as J&ttf Tenant as to an undivided 25% interest Marita Jessica] Wright, Wife~as J^jht Tenant as to an undivided 25% interest H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8409 (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 Attorn 4 H:/Deve!opment Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8410 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ** Date personally appeared MARY BETH MURO Commission * 1773373 Notary Public • California San Dtogo County MyComm.ExpteiOct15.2011 i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j«/are subscribed to the within instrument and acknowledged to me that JaeVsJi^/they executed the same in >ts/b£F/their authorized capacity (ies), and that by Ws#»e"r/their signature(s) on the instrument the person(s), 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. WITIME Place Notary Seal Above Signatu OPTIONAL 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: 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: RIGHTTHUMBPRINTOF 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: RIGHTTHUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402-Chatsvrorth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ><s<>'€fc^^«scsc«S!e<j^sQ<>-<s<jG^^ STATE OF CALIFORNIA County of personally appeared DEMISE K.MAX~EY{I COMM. # 1580473 S - «tt*-*«JNOTARY PUBLIC-CALIFORNIA 05 VSHE? SAN DIEGO COUNTY 0} ^?a*^ 3-^*^^^*0.2009* Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie^^subscribed to within instrument and acknowledged to me that he/she/tf executed the same in4Ha/herjtfjeJB authorized capacity(ies), and that by to&#w2figlt>signature(s) on the instrument the person (s), 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 Signature OPTIONAL 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:H Number of Pages:. Signers) Other Than Named Above:. 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: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here jc&@ese©^c!g)&§S£«^ © 2007 National Notary Association • 9350 Oe Soto Ave., P.O. BOK 2402 • Chalswortti, CA 91313-2402 • wvw.NattonalNolary.org Item 15907 Reorder Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s*^^^G&£!V§£&s&3&V^<^>&<^^ STATE OF CALIFORNIA County of On G3"/llMDate personally appeared Here Insert Name and Titfe of th« Officer 8412 i ' J2 COMM. # 1580473 NOTARY PUBLIC-CALIFORNIA 0 r SAN DIEGO COUNTY 0COMM, EXP. MAY 20. 2009<-•"' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-i*6i5£>subscribed tottje within instrument and acknowledfled to me that ha/Bhflropy> executed the sameimW^/hcwbgB&uthorized capactty(ies), and that by-htsyrre^Reir^ignature(s) on the instrument the person(s), or the enfifyupon 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 m Signature OPTIONAL 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: W <7 L D ' 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: Q Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator El Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ^^^&3^£f?£l3&$&i:&tS®^^ <5> 2007 National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 913)3-2402 • www.NationalNolary.oig Item *S907 Reoitler Call Toil-Free 1-800-876-6827 EXHIBIT "A" PR 08-27 8413 An easement for private drainage purposes over, under, along and across that portion of Parcel 3 of Parcel Map No. OOQ'2O(£^4(^in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego County QflaMb^-ftjtfX as file j/^yf• Q(^^ ( further described as follows: Beginning at the northwesterly corner of said Parcel 3 in the easterly line of James Drive; Thence along the northerly line of said Parcel 3 North 71°37'01" East a distance of 143.44 feet to the northeast corner of said Parcel 3 being also the northwest corner of said Parcel 2 of said Parcel Map; Thence along the easterly line of said Parcel 3 South 24°31'14" East a distance of 3.52; Thence through said Parcel 3 South 71°37'01" West a distance of 142.56 feet to a point in the easterly line of said James Drive; Thence along said line of James Drive North 38°08'50" West a distance of 3.72 feet to the point of beginning. Containing 500.50 square feet of land more or less. Prepared by: David Exp. Date Date EXHIBIT "B" 8414 PR 08-27 Parcel 2 of Parcel Map No. (DOC£-0(l^b in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego CountyS^ df C<*M?fciM<x.as f ile <lWft-$&'?)} £% / further described as follows: Beginning at a point in the west line of Park Drive at the southeast corner of Parcel 1 of Parcel Map 10776 according to map thereof filed in the Office of the County Recorder of San Diego County December 9, 1980 as file 80-413850; thence along the southerly line of said Parcel Map 10776, South 71°37'01" West, 195.54 feet to the northwest corner of Parcel 2 herein described, thence South 24°31'14" East, 129.51 feet to a point on the north line of Parcel Map 16177 according to map thereof filed in the Office of the County Recorder of San Diego County August 3, 1990 as file 90-426725, being also the southwest corner of Parcel 2 herein described; thence along the northerly line of said Parcel Map 16177 the following courses and distances: North 69°32'43" East, 43.23 feet; North 13°06'29" West, 25.00 feet; North 79°10'37" East, 7.63 feet; thence leaving said northerly line, North 06°34'55" West, 70.68 feet; thence North 27°37'39" East, 14.59 feet, thence North 71°37'01" East, 100.77 feet to a point in said west line of Park Drive; thence along said line, North 11°28'19" West, 24.18 feet to the point of beginning. Containing 11,214.17 square feet of land more or less. Prepared by: David Joly)L.S. (772 Date Exp. Date 8415 DRIVE EXHIBIT "C PR 08-27 50 PRIVATE DRAINAGE UTILITY EASEMEKT BY SEPARATE INSTRUUEKT INDICATES DRAINAGE & UTILITY EASEMENT WITHIN PARCEL 4, MS 07-03 OF PARCEL MAP NO. FOR THE BENEFIT OF PARCEL 2. MS 07-03 OF PARCEL MAP NO RECORDED EXISTING HALL INVESTMENT COMPANY, INC. EASEMENT FOR THE CONSTRUCTION OF PUBLIC ROAD PER DEED RECORDED SEPT. 17. 1999 AS DOC. NO. 1999-0639475 OF OFFICIAL RECORDS — EXISTING CITY OF CARLSBAD EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES PER DEED RECORDED SEPT. 18. 2000 AS DOC. NO. 2000-0376329 OF OFFICIAL RECORDS — EXISTING HALL INVESTMENT COMPANY, INC. 10 FOOT EASEMENT FOR THE PURPOSES OF GRADING AND THE CONSTRUCTION OF SLOPES PER DEED RECORDED MAY 18. 2000 AS DOC. NO. 2000-0260426 OF OFFICIAL RECORDS EXHIBIT PREPARED DAVID LIC. NO. 7672 EXP. DATE 12-31-10 DATE OWNERS OF PARCEL 3 MS 07-03 RICHARD AND KIMLIEN BLAKLEY 30266 AU BON CLIMAT COURT BONSALL, CA 92003 GREGORY AND MARY MAYER 5540 EL ARBOR DRIVE CARLSBAD, CA 92008 JOSH AND MARITA WRIGHT 2356 FIRE MOUNTAIN DRIVE OCEANSIDE, CA 92054 DRAINAGE EASEMENT WITHIN PARCEL 3 OF MS 07-03