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HomeMy WebLinkAboutMS 769; Carlsbad Oaks East Ltd; 89-292344; Covenant\ I I 2300 S? 292384 - NOV 4 1988 cr - RECORDING REQUESTED BY: City of Carl sbad ) aRw-2 AH 9: 37 Cit Clerk 1 WHE~G RECORDED MAIL TO: 1 # vg;:&= t, , i*ykE 1 i CfrUNj .-f ">f'%ORXjER ,*&" Ci ty of Carl sbad 1 -I 1200 Elm Avenue 1 "I.'. Carl sbad, Cal i forni a 92008 1 NO E€ 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) 1. CARLSBAD OAKS EAST, LTD., a California Limited Partnership 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 establ ished by 1 aw 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 proposed Minor Subdivision number 769 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 fol 1 ows : Parcels B and C of proposed Minor Subdivision No. 769, now existing as portions of Lot 37 of Carlsbad Tract No. 74-21, Map No. 10372, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said County. 4. The property benefitted by this covenant for easement is described as fol 1 ows : Parcels A and B of proposed Minor Subdivision No. 769, now-existing as poritons of Lot 37 of Carlsbad Tract No. 7'4-21, Map No. 10372, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said County. MS-- 3629 74 3*2-2q 5. This covenant for easement provides for Drainaqe 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 benefitted by this covenant. unure to the benefit of all successors to the real property. Dated: November 7, 1988 ited Partnership General Partner CAT. NO. NN- W I: W L J. I TO 1364 CA (9-84) (Corporation as a Partner of a Partnership) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF San Dieqo On November 7, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared m personally known to me or proved to me on the bas disfactory evidence to be the person who executed the within instrument as the President, and - - personally known to me or proved to me on the basis of satisfactory evidence to be the person who e:ecuted the within instrument as the Secretary of the corporation that executed the within instrum nt on behalf of Carlsbad Oaks East, Ltd. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. "_ Tech CQnstruct'on CorP- L Signature r e (This area for official notarial seal) CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated November 7, 1988 , from Carlsbad Oaks East, Ltd. """"""""""""""""""""- 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. 89-144 , adopted on May 16, 1989 9 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 17, 1989 BY : ALETHA L. RA~TENKRANZ, City Clerk