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HomeMy WebLinkAboutMS 13-06; Zephyr Custom Homes II LLC; 2014-0362114; Covenant'? RECORDED REQUEST OF First American Title HOMEBUILDER SERVICES RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt llllllllllllllllllllll 20- IIIIIIIII 4-0362 llllllllll 14 lllllllllllllll lo AUG 22, 2014 10:30 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dionenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: 7 SPACE ABOVE THIS UNE FOR RECORDER'S USE Assessor's Parcel No.: 205-080-02 ProjectID: MS 13-06 Related Project ID: PR 14-13 Related Project ID: Project Name: 1811 OAK AVE COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Ciiapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) Zephyr Custom Homes II, LLC, A Delaware Limited Liability Company, 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 "A". 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 Minor Subdivision No. 13-06 issued by the City of Carlsbad for development located on real property described in Exhibits "A". The property encumbered by this covenant for easement is described as follows: See Exhibit "A", Encumbered Parcel, attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. The property benefited by this covenant for easement is described as follows: 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 See Exhibit "A", Benefited Parcels, attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. This covenant for easement provides for private sewer 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: / j / OWNER: Zephyr Custom Homes II, LLC, A ( 0 [[Q I ^ Delaware Limited Liability Company By: Zephyr Partners - RE, LLC, a California limited liability company Its: Manager Sign Here Brad Termini, Manager, Zephyr Partners - RE, LLC, a California limited liability company Print Name Here (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) 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: CELIA BREWER City Attorney "RON KEMP \ Assistant City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 Exhibit "A" Legal Description PR 14-13 An easement for private sewer purposes for the benefit of those parcels of the City of Carlsbad Minor Subdivision 13-06, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. U i y W recorded A^Q .iz , royj in the office of the County Recorder of said San Diego County. Said parcels are shown below and graphically depicted on the attached Exhibit "B". Encumbered Parcels Parcel 2 Benefitted Parcels ....Parcel 3 MARKA. BRENCICK, L.S. 7226 LANDIMARK CONSULTING 180-4/M/LEGALCOE 5FT.doc EXHIBIT "B"' - PLAT FOR COVENANT FOR EASEMENT PR 14-13 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On U I \ \^ before me, AWXK^AcW ^- n^sWvJ P^k^i ^ Data /\ "N Hera Inseft Name and Title o) the OfTicer ( » personally appeared 'C. m I n ^ Name(s) of Signer(s) BwBirL: COffNRiUiOM 4^ Notary PuMe- SMOMiO MyComm.gCT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscriBed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. Place Notary Seal Alxive WITNESS my hand and official seal. Signature of Notwy Public 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: , 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: RIGHTTHUIVIBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • G6neral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OFSIGNER Top of thumb here. ©2007NationaiNotaryAssociation»9350DeSoto Ave.,P.O.Box2402»Chats»vorlh,CA 91313-2402-www.NatlonalNotary.org item#5907 Reorder Call Toll-FiBe 1-800-876-6827 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 i I GOVERNIVIENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary; rL^rJr^ jL /YJ, //.4>^ Commission Number: rQf)0&96 ^ Date Commission Expires: Lp- N-lJ County Where Bond is Filed: ^(Ln S/^^^ Manufacturer or Vendor Number: /\} t\)/^'^ (Located on both sides ofthe notary seal border) Signature: VrT^-^-y^ "-j?^ Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: T -^f-H Rec. Form #R10 (Rev.7/96) CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant for Easement dated June 16, 2014, from Zephyr Custom Homes II, LLC, a Delaware limited liability company, 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: Julv 21, 2014 SHELLEY COLLIN Assistant City Clerk (SEAL)