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HomeMy WebLinkAboutMS 769; Carlsbad Oaks East Ltd; 89-292345; CovenantWHEN RECORDED MAIL TO: i YES,& k* City Clerk by r;i:. vx;; 'I - 2 "LFflOER - City of Carl sbad -I 1200 Elm Avenue Carl sbad, Cal i forni a 92008 NO FEE COVENANT FOR EASEMENT L@ (Government Code Art i cl e 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 Cal ifornia "p .. hereinafter referred to as owner creates a co'venant 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 proDosed 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 A, B, and C of Droposed Minor Subdivision No. 769. now existinq as portions of Lot 37 of Carls,bad Tract No. 74 21, ma, 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, B, and C of proDosed Minor Subdivision No. 769, now existing as portions of Lot 37 of Carlsbad Tract No. 74-21, MaD ' " - 2304 '. 5. This covenant for easement provides for Reciprocal Access ~~~~~ ~ over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and th,e 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 1 and, 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. EAST, LTD. ited Partnership Dated: November 7, 1988 General Partner CAT. NO. NNOO636 TO 1954 CA tS-84) E (Corporation as a Partner of a Partnership) @ TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTYOF San Diego . . t On November 7, 1988 before me, the undersigned, a Notary Public in and for said Tchang personally known to me or proved to me on the basis of satisfactory 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 b the e on w o exec ted theFithin instrument as the Secretary of "- "- 5ecg ~onsZruc~mn om. behalf of a r-*---- Signature (This area for official notarial seal) - 2305 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated November 7, 1988 , frorn 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 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 17 , 1989 ALETJU L. RA~J'TENKRAEZ, City Clerk