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Home My WebLink AboutMS 802; SWAB, JAMES; 90-648602; Covenanti t C I) 982 9 L' ." F=.- - ;t r -~ ; ~-. :. -.- . c: I . .-. i . 12 :; z i> 7 ... I ._,..,... - RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 1 1 1 1 1 1 1 1 _" ". ~ I : :;:; :i- , : ::; 1 I ??- ..: - ._.. . i _. l;;I :-;,y:: f - z . .... :- 7 . :; ." ,i.L" .- _i_ ..:.; ,_..... 2 l,~i "_:, _::_ x;-, .e--,-, . .. " " ". . .. .- i ;.if r;es I,:<;:? y;igr-f.:.::.: ::-,""* f:p :-. - ":*< h i- f-. :.*:<;!,i i __ < =..%> <=e -5- 7- ";" ~ $La ~ $ <. -2 ...: c i .:: -. .: : i. . -. i 1 $-<::.>. __"" i -. 1 -r -.. . . -. . . . = - . . i .tjy,:, .- . . . - .. *" 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) James R. Swab hereinafter referred to as Owner creates covenant for easement for the purpose stated hereon; over, acrc and upon the real property described in Exhibit I1AI1 for the benef of the property referred to in Exhibit llBtr. This covenant f easement may be released only according to the procedur established by law if it is determined by the City that t ccveEant is no longer needed to achieve the land use goals of t city. 4 This covenant for easement is required by a condition approval for a Minor Subdivision Number 802 issued by the City Carlsbad for development located on real property described Exhibits IrA1l and OB1t. The property burdened by this covenant for easement described as follows: See Exhibit I1A1l attached hereto and made a part hereof. Exhibit IrCl1 is provided for clarity only. The property benefitted by this covenant for easement described as follows: See Exhibit ItBlt attached hereto and made a part hereof. Exhibit I1C1l is provided for clarity only. This covenant for easement provides for a 10' drainam easement parallel to the Westerly property line of said burden Property, as described in Exhibit A, and runs over, across alnd up, q s - dC;L 0-fl 0 the burdened Property for the benefit gii 01 the property benefit; and shall be enforceable by the City and the Owner of the prope: benefitted and any successors in interest to the prope: benefitted by this covenant. This covenant for easement shall run with the land, and 1 burdens of the covenant shall be binding upon and the ben.efit the easement shall inure to the benefit of all successors to 1 real prope Dated: 0 - 4,/??0 gfl OTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHE1 NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRE'PARY ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF TE DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING '1 INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SH SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT8 PRIOR TO THE EXECUTION OF THIS COVENANT 1 EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPE THERETO . Approved as to form: ut - U i= c $ -28 - ' rug '0 E=s 5 '0 2: h2 d P- 9 .ez 2u 3 'A 5 2; s " e :,lillli FT-20 Individual AcKnowledgment Covenant for Easement STATE OF CALIFORNIA COUNTY OF San Diego J$ On this gthday of October , in the year ,990, before me, the undersigned, a Notary Public in } ss. 9,., and for said County and State, personally appeared *** JAMES R. SWAB ***** &$$p#~~f~~~p/~e (or proved to me on the basis of satisfactory evidence) to be the Persod whose name is subscribed to this instrument and acknowledged that executed it. he Notary Public-California Mtrl DlEGO COUNTY Notary Public in and for said County and State .' * e 0 985 LEGAL DESCRIPTION OF PROPERTY BURDENED BY COVENANT OF EASEMENT EXHIBIT "A" THAT PORTION OF LOT 2 C!F WILSONIA TRACT, IN THE CITY OF CA.RLSBADI COUNTY OF SAN DIEGO, STATE OF CALIFORfdIA, ACCOEiDiNG TO MAP THEREOF NO. 2169 FILED IN THE OFFICE OF THE COtJNTY RECOR.DER AUGUST 31, 1929 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ROAD AS SHOWN ON SAID fW?. THENCE ALONG TBE NORTHERLY LINE OF SAID LOT SOUTH 64035'02" WEST 11.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHERLY LOT LINE OF SAID LOT SOUTH 64035'02" WEST FOR A DISTANCE OF 106.97 FEET, THENCE LEAVING SAID LOT LINE ALONG A LINE HAVING A BEARING OF SOUTH 18001'44" EAST FOR A DISTANCE OF 53.07 FEET, THENCE NORTH 73040'59" EAST FOR A DISTANCE OF 110.71 FEET TO A LINE PARALLEL WITH AND 30 FEET SOUTHWESTERLY OF THE CENTER LINE OF ARLAND ROAD AS SHOWN ON SAID MAP; THENCE ALONG SAID PARALLEL LINE NORTH 19048'26" WEST FOR A DISTANCE OF 77.93 FEET, TO A POINT ON A TANGEANT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A EADILJS OF 170.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 70011'34" WEST; THENCE NORTHWESTERLY 22.36 FEET ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. 17E;ACEDl ALSO BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF ARLAND ~. _. .. . .-* ' ,J 0 e 986 LEGAL DESCRIPTION OF PROPERTY BENEFITED BY COVENANT OF EASEpJEbJT EXHIBIT "E" THAT PORTION OF LOT 2 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, C3X"XJ OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 'THEREOF NO. 2169 FILED IN THE OFFICE OF THE COUNTY RF;(;()RDHB, AUGUST 31, 1929 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTIBAST CORNEE OF SAID LOT 2, SAID POINT ALsCJ BEING ON THE SOUTHWESTEELY RIGHT-OF-W&,Y <IF A@,LANIt ROAD AS Sfl<)Wkl ON SALK1 NAP, THENCE BLOfdG THE NOETEERLY LINE OF SAID LOT :3Or,STH 54035'02" WEST FOR A DISTANCE OF 11.52 FEET TO IT5 1NTER.SECTIOM HITH A CIJRVE CONCAVE TO THE SOUTHWEST ANI! HAVING A WITH AND 30.00 FEET SOUTHWESTERLY OF THE CENTERLINE OF ARLAND R.OAD AS SHt3?B ON SAID BAF AND TC! WHICH INTEBSECTION A RADIAL BEAHS St3TJTf-f 62"39'27" WEST; THENCE SOUTHEASTERLY 22.36 FEET ALONG SAID RJRVE TANGENT TO A LINE PARALLEL WITH AMP 30,OO FEET FfORTH'rfEST OF SAIP r7EMTEF;LiNE , TEEl?cE CC~iNTf87iJIP4G ALftNG SAIL! LINE PARALLEL WITH AHD 3tl, {!Or3 SOUTHWEST OF SAID @ENTERLINE <:q? ARLANT! ROAD SOTJTH 19048'26" EAST FOE. P, D1:STANCE OF 77,93 FEET TO THE TRUE POINT I?F EEGIWNflJG; THENCE CONTINIJING ALONG SAID LIRE SOUTH 19%348"26" EAST A DISTANCE OF 100. 00 FEET. THENCE LEAYING THENCE Mr=iRTE 121?32'24" WEST FOR. A PISTANCE OF P2,OCI FEET, THENC.E WOETH 13040 .- 59" EAST FOR A DISTANrfE OF f 10 * 71 FEET TCj THE TETJE POfHT C!F EEGIf.lf.fINf7, 178ACED2 EADIlE OF 170.00 FEET AND WHICH IS TADGENT TO A LINE FAR.ALLEL SAID LINE SilTJTE R2t.03'33" WEST FCIE. A IjIS"j'ANCE OF t,23 : 511 FEET, ~1 . ,' 1 " i@ - '* 1 i 96'ry I 1 I .-__ " . "_._. __ DRAINAGE EASEMENT .. . ". . .- /O,SOf SF d - UP5COt' uaa*57*/6j7 ssa 9~" "- .a , I . . . . . "" "" - _7L_ -- ?ROJfCT NAME: PfiOJ. ,EX!+ MS 802 C COVENANT FOR PRIVATE EASEMENT . -. N 0.; * 1’ * * $88 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated October 9, 1990 , from James R. Swab 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. 90-391 , adopted on November 6, 1990 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 14, 1990 BY : <THA KAREN KUNDTZ, u R@TEN@NZ, Asslstant City City Clerk Clerk