HomeMy WebLinkAboutMS 765; Day, Clarence & Isabel/Prentice, Edward & Angela; 89-292343; Covenantb
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* RECORDING REQUESTED BY: 1 City of Carl sbad 1 i WHEN RECORDED MAIL TO: 1 8wmk2 AH 9: 37
1 City of Carl sbad 1 1200 Elm Avenue Carl sbad, Cal i forni a 92008 1 NO m
City Clerk
COVENANT FOR EASEMENT Qw (Government Code Arti cl e 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) .* .* .a 1. Clarence F. Day, .Isabel,M-..Day; Edward M. .Prentice, Angela J. Pren-tic
hereinafter referred to as owner creates a covenant for easement for the purpose
stated in paragraph 5 hereof; over, across and upon the real property described
in paragraph 3 hereof for the benefit of the property referred to in paragraph
4 hereof. 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.
2. This covenant for easement is required by a condition of approval for
a Minor Subdivision number 765 issued by the City of
Carl sbad located on real property described in paragraphs 2 and 3 hereof.
3. The property burdened by this covenant for easement is described as
foll ows:
The Southerly 72.42' of Parcel 3 of Parcel Map No. 14467 in the City of
Carlsbad filed Sept. 17, 1986 as File No. 86-410544 or also indicated as
Parcel 2 of Proposed Minor Subdivision 765 specifically being a 5' strip of land
located adjacent to the southwesterly line of the main lot and adjacent to the south-'
4. The property benefitted by this covenant for easement is described as asterly n-zhandle. fol 1 ows :
The Northerly 72.42' of Parcel 3 of Parcel Map No. 14 467 in the Citv of
Carlsbad filed Sept. 17, 1986 as File No. 86-410544 or also indicated as Parcel @p 1 of Proposed Minor Subdivision 765.
(Ms- 365
2297
5. This covenant for easement provides for drainage
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 benefitted by this
covenant.
6. This covenant for easement shall run with the land, and the burdens
of the covenant shall be binding upon and the benefit of the easement shall
unure to the benefit of all successors to the real property.
aENERAL ACKNOWLEDOMENT 2298 NO. 201
4
U personally known to me
to be the person(s) whose name(s) subscribed to the
GENERAL ACKNOWLEDOMENT NO. 2nt.
County of mQBQc
the undersigned Notary Public, personally appeared
U personally known to me g proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed to the
m. expires DEC 2, 1
nro 122 NATloNAL NOTARY ASSOCIATON 8z36 Remmet &e. P.O. Box 7184 * Canoga park. CA 91304-71&1
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
March 22, 1989 , from Clarance F. and Isabel M. Day
and Edward M. and Angela J. Prentice to the City of
Carlsbad, California, a Municipal Corporation, is hereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-148 , adopted on May 16, 1989 Y
and the grantee consents to the recordation thereof by its duly
authorized officer.
BY :
ALETHA L. RAUTENKRANZ, City Clark