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Home My WebLink AboutMS 811; ROYCE, ROBERT J.; 1991-0159663; Covenant: * 6 +I tc1 c. 2 I? * z E * l a 1932 ;=>a: r-7 i __ - s " ? - . i :-$ . :-: ~. 7; -, ; -5 ?; =, :*.! ;- .. i: G " .~ -L= :i ." .< 2 i .:- 5 + :..: : - 2 <. 4 j,! . . : * i i & ". " .=-:. ." "-=- - .~ .. " ...... ... - ........ ..... . .- .. ~ . " -. "- _i - > "-. ... . i .. - . ii .i i I :- i i. - - . i "<. -.= L - i <" .: ; ._ .. .. - - ......... - .. .." - ................. .. . .... ..... . . RECORDING REQUESTED BY: ......... .......... 1 City of Carlsbad .... ............. . 1 1 1 1 1 1 _. , L.-. .I ". _r. ." - - - - - - - - - . . - - - . - . . - . - - - ... ........ ......... ... .... ........ ..... .. -.I.-. .."_ -~. .~ "_" . ,. -." ~ :- :" .. - ."_.." .. ... ". " -. - .. .... .... "" ... " - .. .. ^^ .. .- WHEN RECORDED MAIL TO: City Clerk's Office City of Carlsbad 1200 Elm Avenue 1 Carlsbad, California 92008 - . ,. .. - - : -. Y 5." : .. .. - : .< L .... .."", 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) Robert J. Royce, an unmarried man hereinafter referred to a Owner creates a covenant for easement for the purpose state hereon; over, across and upon the real property described i Exhibit IrAII €or the benefit of the property referred to in Exhibi IIBII. This covenant for easement may be released only according t the procedures established by law if it is determined by the Cit that the covenant is no longer needed to achieve the land use goal of the City. This covenant for easement is required by a condition c approval for a tentative map Number MS 811 issued by the City o Carlsbad for development located on real property described i Exhibits I1Al1 and lrBll. ~ The property burdened by this covenant for easement i described as follows: See Exhibit "AI1 attached hereto and made a part hereof. Exhibit IrCI1 is provided for clarity only. The property benefited by this covenant for easement i ~ ~ described as follows: See Exhibit ItBlr attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. I , @ Agreements/AG-5.FRM * a 0 1933 This covenant for easement provides for 5 foot wide privat driange easement over, across and upon the burdened property fo the benefit of the property benefited and shall be enforceable k the City and the Owner of the property benefited and any successor in interest to the property benefited by this covenant. This covenant for easement shall run with the land, and th burdens of the covenant shall be binding upon and the benefit c the easement shall inure to the ben ccessors to tk real property. Dated: ~~~/~o ,,/ / "" (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED. NOTE THAT TEE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY C ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF TKI DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY C THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING TI INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHC SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD C 4 IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FC EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPEC THERETO. Approved as to form: i STATE OF CAL ORN Jss. I934 COUNTY OF- !kn 8ieqo 1 On December 20, 1990 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Robert J. Royce --__-----____-_________ personally known to me (or proved to me on the basis of satis- ~-~-~~--~-~~~~.~~..~~~~-~~~~~.,~ ..., ~..~~~~.~~.~~- factoryevidence) to be the person(s) whose name($ Ware sub- ::: .,.\.;" ..":. I .Y,AL C'IX 2 /.-GE.T>, or-r:,. rir - . 4 .. :'\ Ti? . ;.;,,.;; ; ~~~~~,- 8 scribed to the within instrument and acknowledged to me that <; .:;,;,;:;- - .- ..I.: J. ,.,-.:.,--.-' ' "' . .:Lcl? - ." .. 1 b .1 i,.< . ., . , __~_. .. ,. - i , ,. . ,': .. ., , ,-- .!.:.:. c: ,,:,:c@ya $ \I . - J..,~, ,.: iN i.! , .-< .. . " S.'~?, :.; LC.L: ?>>~,;, ,y $2 : 'L x.. .~, - . . ,: .: /" 5: . ._ .,. .. ; ", , , ,i- ! ,::s .;;:I. ;a, 1992 3 . .I /., ' . . - . .. . . , ...~ ."^.". ." ,..... i_^ 9 ... he/she/they executed the same. WITNESS my hand and official seal. Signature &bLLd*wt Paula Mann Largent (This area for official notarial seal) _. -,-,-: .. ~ .. ,, ., . : . ...~ , ." . . ,. 1 ,. . 1 .. --- . . . . .- . .. "."" " ". - "",_._.. ~ -,,. ~. - . ,I_ ., 9"' ...&.% - I .. 0 I935 0 i LAND SPACE ENGINEERING 201 E. Grand Ave., Ste. 2-F Escondido, Ca 92025 (619) 741-2689 12-19-90 EXHIBIT 'A' - DRAINAGE EASEMENT AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5.00 FEET WIDE, BEING A PORTION OF LOT 2 OF OPTIMO TRACT, IN THE CITY OF CAFUSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1805, FILED IN THE OFFICE ' OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 4, 1924, THE WESTERLY AND NORTHERLY LINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89'33'43" WEST 129.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 0 '20 ' 09 'I WEST 85.00 FEET TO A POINT IN A LINE PARAUEL TO AND 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, SOUTH 0'20'09" WEST 15.00 FEET TO A POINT IN A LINE PARALLEL TO AND 5.00 FEET NORTHERLY OF SAID SOUTHERLY LINE; THENCE, ALONG SAID PARALLEL LINE, NORTH 89'33'43" WEST 105.84 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID LOT 2, BEING THE POINT OF TERMINUS. EXHIBIT 'B'- BENEFICIARY PARCEL THAT PORTION OF LOT 2 OF OPTIMO TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1805, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 4, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89'36'43" WEST 129.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH O"20'09" WEST 86.00 FEET TO A POINT IN A LINE PARALLEL TO AND 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 2; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89 O 33 '43 I' EAST 129.00 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 2 ; THENCE, ALONG SAID EASTERLY LINE, NORTH 0 '20 ' 09 (I EAST 86.00 FEET TO THE POINT OF BEGINNING. .. . 1 .* a 1936 0 7 , EXHIBIT 'Cy "" "" LAND SPACE ENGINEER11 . .. a m1- ??G%"" * I937 e % . 1 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated December 20, 1990 , from Robert J. Royce 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. 91-85 , adopted on March 19, 1991 Y and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 20, 1991 BY: a d e- ALETHA L. RAUTENKRANZ, City C