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Home My WebLink AboutMS 95-02; GAITAUD, RENEE; 1998-0859152; Covenant’~/ “c‘ c, - [ y Lf/p q , RECORDING REWE& B06: e ~~~~-~~ \..J ~y FIRST SOUTHWESTERN TITLE DFC 38. 199B Tb_2:1 RECORDING REQUESTED BY m18 OFFICIAL F&tJ%!B$ 9% B!:EGC! cgutm fm@@’g IjfFIC E&FijitRY J, SfITH? Ix$r!, ~tfi:K)& FEE : 2? r 00 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 11~l~~~~~l~~~~~~~~ll~~l 1988-0859152 I I SPACE ABOVE THIS LINE FOR RECORDE @ ASSESSOR’S PARCEL NO. 206-1924 PROJECT NO. & NAME: MS 95-02 GAITAUD 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) Renee D. Gaitaud, hereinafter referred to as “Owner” creates a covenant for easc the purpose stated hereon; over, under, along, across and upon the real property des Exhibit “A for the benefit of the property referred to in Exhibit “B”. This covenard for e may be released only according to the procedures established by law if it is determinc 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 Su number MS 95-02 issued by the City of Carlsbad for development located on real described as Lot 19 of Block E of Map No. 2152, filed in the Office of the County Re( I San Diego County, State of California on March 7, 1929. 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: I 1 MasterslFormslCovenant for Easement Rev. 4/28/ 0 1419 0 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C is provided for clarity only. This covenant for easement provides for drainage and flowage over, under, alon! and upon the burdened property for the benefit of the property benefited and enforceable by the City and the Owner of the property benefited and any successors ir to the property benefited by this covenant. All future use of the property along the ( courses will not restrict, impede, divert or otherwise alter drainage flows in a manner result in damage to the underlying and adjacent properties or the creation of a public n The drainage courses shall be maintained in perpetuity by the underlying property own€ This covenant for easement shall run with the land, and the burdens of the COW easement shall be binding upon and the benefit of the covenant for easement shall inul benefit of all successors in interest to the real property. Dated: 65 ~. “‘ z d[ &‘‘ : L ._ [ I !/-! ? *J.~ :Is..& ,,,I, ,” !* ,.,/$ , ,;,r& c c d”. Renee D. Gztaud” (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACH NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE COPY OF A RESOLUTION OF THE BOAR[ DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING - INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFlClEN AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FC EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney ;&$p&f ,// ’&. I Masters/Forms/Covenant for Easement 2 Rev. 4128M 0 1420 0 State of California 1 County of San Diego ) 1 )&ti; pvi3, ? On I before me, bw&h Signatu \y It Title or Type of Document L-1 &* &Lp&- Date of Document Signer(s) other than named above 9 No. of Pages -9 I' I Masters/Forms/Covenant for Easement 3 Rev. 4/28/! 0 &m 0 EXHIBIT A (Parcel 3) Those portions of Parcel 3 of Parcel Map No, 18 I f& , recorded in the Office of the County Record€ of San Diego County, State of California as File No. c/lj? ' E 4 ci" /.S/ on /z. 30- 7fi , 199-, described in two parcels as follows: PARCEL A-1 A strip of land 10.00 feet in width, the centerline of which is described as follows: Beginning at a point on the Southeasterly line of said Parcel 3, lying South 65'29'56" West 15.70 feet fro1 the intersection with the Southwesterly sideline of Park Drive (26 foot half-width); thence leaving sai Southeasterly line North 24'57'34" West 75.00 feet to a point on the Northwesterly line of said Parcel : lying South 65'29'56" West 16.30 feet from the intersection with the Southwesterly sideline of Park Dril (26 foot half-width). The sidelines of said 10.00 foot strip shall be lengthened or shortened to terminate in said Southeasterly an Northwesterly lines of Parcel 3. PARCEL A-2 A strip of land 4.00 feet in width, the Southwesterly sideline of which is described as follows: Beginning at a point on the Southeasterly line of said Parcel 3, lying South 65'29'56" West 200.75 fer from the intersection with the Southwesterly sideline of Park Drive (26 foot half-width); thence leaving sai Southeasterly line North 51'57'39" West 2.81 feet; thence North 39'26'03" West 33.00 feet; thence Nod 20'58'41" West 40.69 feet to a point on the Northwesterly line of said Parcel 3, lying South 65'29'5f West 208.06 feet from the intersection with the Southwesterly sideline of Park Drive (26 foot half-width). The Northeasterly sideline of said 4.00 foot strip shall be lengthened or shortened to terminate in sai Southeasterly and Northwesterly lines of Parcel 3. - &, -ng vtj '1 kJ ;-> 4 49 *-y 4/43. j; IS Gary M. Szytel LS '4458 ' g Date 0 +S?2 EXHIBIT B (Parcel 3) 0 Parcel 4 of Parcel Map No. /e lE6 -, recorded in the Office of the County Recorder Of san Dit County, State of California as File No. VF-. /a3T? lsi on /z - .3c> , 199B 3 )/'. I I /- ? ,, ~G2 / /ii"L JjJ"?.? // h/A c /, c; 4 c.' ( Gary M. Szytel LS 4458 / Date .I ..I ., e 1123 e EXHIBIT C (Parcel 3) P u \, \3t= 7/&/< .. < . t; .. :<kl //$ * .\ .- - - - c. .: .,:: >: (/ ,, //::< \y;\ vi. $<,+$:#, ;<;/ W' il . ,: + :.I \CY. .? [$ [$><> .:.;,-,/ i>l L->..[ 'q:.! :" " ~ . . ' .... I.,. '. ..-~..$ by. .A Preoared Ilv: (e * Szytel Engiueerind and Surveyimg, Inc. i. ' I- - 304 Slate PI. :'. &l9t 741-6979 ?X (619) 741-3122 ~~ &:scondido, Chiifnrnia 92029 kg- P [Y./& d-.f. i bi*] +b3/$ *. (iary h.1. Szylel RC'LJ240XO IS4458 I)Kl'l \ I