HomeMy WebLinkAboutMS 816; Sullivan, Brian; 90-183949; CovenantBrian S. Sullivan hereinafter referred to as Owners create a covenant for easement for the
purpose stated hereon; over, across and upon the real property described in Exhibit "A" for the
benefit of the property referred to in Exhibit "B". 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.
This covenant for easement is required by a condition of approval for a Minor Subdivision
number 816 issued by the City of Carlsbad for development located on real property described
in Exhibits "A" and "B".
The property burdened by this covenant for easement is described as follows:
See Exhibit "A" attached hereto and made a part hereof. Exhibit "C" is provided
for clarity only.
The property benefited by this covenant for easement is described as follows:
See Exhibit "B' attached hereto and made a part hereof. Exhibit "C" is provided
for clarity only.
This covenant for easement provides for a 5 foot drainage easement over, across and upon
the burdened property for the benefit of the property benefited and shall be enforceable by the
City, by the Owner of the property benefited and by the su st to the property
benefited by this covenant.
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1991
This covenant for easement shall run with the land, and the burdens of the covenant of
easement shall be binding upon and the benefit of the covenant of easement shall inure to the
benefit of all successors in interest to the real property.
Brian S. Sullivan
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT
SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY
A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE
SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDMDUAL SIGNING IN BEHALF OF THE CORPORATION
WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATIER
IT IS RECOMMENJIED THAT, PRIOR TO THE EI(ECU"I0N OF THIS COVENANT FOR
EASEMENT, THE PARTIES CONSULT W"I THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form: A2 A
GENERAL ACKNOWLEDGMENT NO. 201
the undersigned Notary Public, personally appeared
&e/#h/ c, CrL/LLf J?JIC/ ......................... 3 OFFICIAL SEAL * i t t
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0 personally known to me
GISELA HAUSER 2 %proved to me on the basis of satisfactory evidence
NOTARY PUBLIC-CALIFORNIA $
NOTARY BOND FILED IN $ to be the person(s) whose name(s) /s subscribed to the *
2 My Commission Expires July 23, 1993 t ....................................
SAN DIEGO COONTY f within instrument, and acknowledged that executed it.
WITNESS my hand a official seal. gd 6-
Notary's Sign&re
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF LOT 3, IN BLOCK "B" OF BELLAVISTA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LOT 3, SOUTH 63O47'48" EAST (SOUTH 63O49'
EAST REC.), 162.41 FEET; THENCE LEAVING SAID LINE SOUTH 260 09'48"
FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINEoOF SAID LOT 3; THENCE
ALONG SAID LINE SOUTH 63*49'38" EAST (SOUTH 63 49" EAST REC.), 132.50
FEET TO A LINE WHICH IS PARALLEL TO AND 5.00 FEET NORTHWESTERLY OF THE
SOUTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID LINE SOUTH 266
09'48" WEST (SOUTH 26 11' WEST REC.), 21.00 FEET TO THE SOUTHWESTERLYo
LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 63
49'38" WEST (NORTH 63°49'WEST REC.), 295.00 FEET TO THE MOST WESTERLY
CORNER OF SAID LOT 3, THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT
3 NORTH 26O11'55" EAST (NORTH 26O11' EAST REC.), 136.41 FEET TO THE
POINT OF BEGINNING.
WEST, 115.32 TO THE BEGINNING OF A LINE WHICH IS PARALLEL TO AND 21.00
1993
EXHIBIT "B."
LEGAL DESCRIPTION
A PORTION OF LOT 3, IN BLOCK "B" OF BELLAVISTA, IN THE CITY OF
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LOT 3, SOUTH 63"47'48" EAST (SOUTH 63O49'
EAST REC.), 162.41 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID LINE SOUTH 260 09'48" WEST, 115.32 TO THE BEGINNING
OF A LINE WHICH IS PARALLEL TO AND 21.00 FEET NORTHEASTERLY OF THE
SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID LINE SOUTH 63"
49'38" EAST (SOUTH 63O49" EAST REC.), 132.50 FEET TO A LINE WHICH IS
PARALLEL TO AND 5.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF
SAID LOT 3; THENCE ALONG SAID LINE NORTH 26"09'48" EAST (NORTH 26011'
CURVE CONCAVE WESTERLY; THENCE ALONG SAID TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 390 48'43" AN ARC DISTANCE OF 13.90 FEET; THENCE
TANGENT TO SAID CURVE ALONG A LINE WHICH IS PARALLEL TO AND 30.00 FEET
EAST REC.), 88.42 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS
WESTERLY OF THE CENTERLINE OF HIGHLAND DRIVE NORTH lJ"38'55" WEST (N1P 39' WEST REC.), 14.10 FEET TO THE BEGINNING OF A TANGENT 230.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG SAID TANGENT CURVE THROUGH
A CENTRAL ANGLE OF 1°01'55" AN ARC DISTANCE OF 4.14 FEET TO A POINT ON
THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID NORTHESTERLY
LINE NORTH 6T47'48" WEST (NORTH 63049' WEST REC.), 116.21 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "C"
DRAINAGE EASEMENT 1994
IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
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BRIAN SMITH ENGINEERS, INC.
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1995
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
February 6, 1990 , from Brian S. Sullivan
"""""""""""""""""""- 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. 90-41 , adopted on March 6, 1990 Y
and the grantee consents to the recordation thereof by its duly
authorized officer.
BY : - ALETHA L. RAUTENKRANZ, City C1er)C