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HomeMy WebLinkAboutMS 10-04; Cavanaugh, William; 2012-0096337; Covenant9' V neiCORDED AT THE REQUEST OF CHtCAOO TITUE COMPAMY SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2012-009G337 FEB 21, 2012 2:10 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 205-280-16 Project ID: MS 10-04 Related Project ID: PR 12-10 Related Project ID: Project Name: 1369 Magnolia 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) William J. Cavanaugh, 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 10-04 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: See Exhibit "B " attached hereto and made a part hereof. 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 4/15/10 7097 Exhibit "C" is provided for clarity only. This covenant for easement provides for ingress, egress, drainage and utility 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: OWNER: I Sign Here Print Name Here ^ (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 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 4/15/10 7098 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of ^Scxfv } County On'Fi\^Ao{2jCyO^ before me.^5\>^oW^«v.v«. C^A V^v Date Here Insert Name and Title of tfie Wicer personally appeared (Wicer T 1X1 Mame(s) of Slgner(S; OFFICIAL SEAL 1 STEPHANIE DEL ROSARIO INOTARY f^JBLIC-CAUTORSSAi COMM. NO. 1911774 i . SAN DIEQO COUNTY MY COMM. EXP. NOV^ 2,5)14 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ajf^ subscribed to the within instrument and acknowledge^ to me that he/sj5i6th^executed the same in his/ljKftD^r authorized capacity(ies), and that by his/[)6^tljfiir slgnature(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 Jflv hand and official seal. Place Notary Seal Above Signatun OPTIONAL V signature of Notary 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: QV/ g-<XQ<xA: t- ^^^-CX Document Date: , Number of Pages: Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • individual • Corporate Officer — Title(s): __ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thurnb here ©2007 National Notary Association' 9350 De Soto Ave., P.O.Box 2402•Chatsworth, GA 91313-2402•www.NationalNotary.org Item #5907 Reorder:CallToll-Fiee 1-800-876-6827 Hr/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 4/15/10 7099 EXHIBIT A ALL THAT PORTION OF PARCEL 2 AND PARCEL 3 OF PARCEL MAP NO. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEL MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 3 SOUTH 27°20'21" EAST 197.98 FEET TO A PROLONGATION OF THE SOUTHEASTERLY UNE OF SAID PARCEL 2; THENCE ALONG SAID PROLONGATION NORTH 6r20'40" EAST 20.01 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2; THENCE CONTINUEING ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 NORTH 6r20'40" EAST 10.00 FEET TO AN INTERSECTION WITH A SOUTHERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2 o^ WITH THE SOUTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PROLONGATION AND THE SOUTHWESTERLY LINE OF SAID PARCEL 1 NORTH 27°20'21" WEST 197.98 FEET TO THE SOUTHEASTERLY RIGHT OF VWVY OF MAGNOLIA AVENUE AS SHOWN ON SAID PARCEL MAP NO. ; THENCE ALONG SAID RIGHT OF WAY SOUTH 6r20'40" WEST 30.01 FEET TO THE POINT OF BEGINNING. CHRIS CIREMELE 7100 EXHIBIT B PR 12-10 PARCEL 2 AND PARCEL 3 OF PARCEL MAP NO. ^ ^ IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. 7101 EXHIBIT "S'l PP /Z'PtP ^ 27' 27* I JJ IJ MAGNOUA AVENUE 12 11 10 1 jo.or" N 61'20'40'E K PARCEL 1 0) .0^ S3 PARCEL 2 N 6V20'40"E 30.01' PARCEL 3 PROPOSED 30' WIDE ACCESS, UVUTY AND A DRAINAGE EASEMENT 5,940 SQUARE FEET CITY OF CARLSBAD ACCESS EASEMENT PLAT PARCELS 2 & 3 OF PM NO. l<^^^^ CARLSBAD, CA SCALE: 7"°60' DATE; 9/30/2011