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Home My WebLink AboutMS 95-02; GAITAUD, RENEE; 1998-0859154; Covenant“1 c/c; / y q-p, [p, ? -. * 55, i/ . * ~~~~~~~~~ REW& ca ~~~~-~ . ~y FIRST SOUTHWESTERN TITLE CrEC 38P 1998 12: 1430 RECORDING REQUESTED BY flFFIUhL RECORDS g#i DIEGO CflIJiiT’t’ RECORDER ‘2 flFFIC WHEN RECORDED MAIL TO: City Clerk EIE~RY J. %rTH3 COUNTY RE CUM^; FEES: 22 L1 on i CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 1~l~~~l~~l~!ll~ll~l1$1%1 !I 1998-0859154 SPACE ABOVE THIS LINE FOR RECORDEI (F\ ASSESSOR’S PARCEL NO. 206-192-0 PROJECT NO. & NAME: MS 95-02 GAITAUD U’‘ 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 ease 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 covenant for e; may be released only according to the procedures established by law if it is determine 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 SUI 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( 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 MastersiFormsiCovenant for Easement 1 Rev. 4/28/9 ,, e 1431 e L. 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, alonc and upon the burdened property for the benefit of the property benefited and 1 enforceable by the City and the Owner of the property benefited and any successors in 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 owne This covenant for easement shall run with the land, and the burdens of the COVE easement shall be binding upon and the benefit of the covenant for easement shall inu benefit of all successors in interest to the real property. ,, Dated: C? .. q L- ir" .,;< 0, c- '", ,jt' 'r ! ~ . /. ,r \, ',,(LC J- I (;,[< La!i G Renee D. Gaitaud "7- 7 -J (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 BOAR1 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 2 MasterslFormslCovenant for Easement Rev. 4/26! .- 0 0 1.472 . " . I..: .. .... ;% , - , . ._, , ,.*_ ... 6%. ,,: !.. ': :,""i:. .' . . .. ."x ,, . , .. . , .>>S!y"" ~"." ~ I. (. >. . -": +., r:t :. . ; ., .*: :' j'. , i p;;<, :; ,- " ',t:? 'V '$i ',I ;., :y& ,.:>.,'. z';, y' :<';':&,;; ;,?;-: 'r ,,.,' :' ;?'.'L:. :, { ,,~ ::.,,,; 5. .>.:, .- : .' i! f (This area for official notary seal) .., , . .. ~ .. , j ' , "', :,, j ' ..f.& >t; .I. ., .~-, . . I : ve>.,, . 2: i;- E. , ..r ' i , , .< . ..r I. e, ~... , ; ;;, , ~- , .. . , .. ~. . . ,I .. . t, , ... _. , II Title or Type of Document (J+&p&$f b4 E 'w&q Date of Document No. of Pages - 3 Signer(s) other than named above .- II I' 3 I MasterslFormslCovenant for Easement Rev. 41281: ' L( e .I433 e EXHIBIT A (Parcel 1) Those portions of Parcel 1 of Parcel Map No./P/fiC ,,recorded in the Office of the County Recor , State of California as File No. LfE - fi -5"/.5-/ , 199-, described in three 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 1, lying South 65'32'26" West 14.34 feet fr( the intersection with the Southwesterly sideline of Park Drive (26 foot half-width); thence leaving s; Southeasterly line North 24'57'34" West 5.67 feet to Point "A" of this description; thence continu: North 24'57'34" West 74.32 feet to a point on the Northwesterly line of said Parcel 1, lying So1 65'29'56" West 14.98 feet from the intersection with the Southwesterly sideline of Park Drive (26 fi half-width) . The sidelines of said 10.00 foot strip shall be lengthened or shortened to terminate in said Southeasterly a Northwesterly lines of Parcel 1. PARCEL A-2 A strip of land 10.00 feet in width, the centerline of which is described as follows: Beginning at Point "A" as described in Parcel A-1 above; thence South 65'32'26" West 55.23 feet to tl beginning of a tangent 45.00 foot radius curve, concave Northwesterly; thence Southwesterly, Westerly a Northwesterly along the arc of said curve through a Central Angle of 50'55'47", a distance of 40.00 feet Point "B" of this description and the terminus of the herein described centerline. The sidelines of said 10.00 foot strip shall be lengthened or shortened to terminate in the Southwester sideline as described in Parcel A-1 above, and in a radial line through Point "Brr as described above, whic bears South 26'28'13" West. PARCEL A-3 A strip of land 4.00 feet in width, the Southwesterly sideline of which is described as follows: Commencing at Point "B" as described in Parcel A-2 above, thence along said radial line South 26'28'1: West 2.00 feet to the beginning of the herein described Southwesterly sideline; thence leaving said radi; line North 61'18'14'' West 34.88 feet; thence North 61'08'21'' West 38.57 feet to a point on tl: Northwesterly line of said Parcel 1, lying South 65'29'56" West 150.00 feet from the intersection with th Southwesterly sideline of Park Drive (26 foot half-width). The Northeasterly sideline of said 4.00 foot strip shall be lengthened or shortened to terminat Southeasterly in said radial line through Point "B", and Northwesterly in said No 1. &&";$ b\l* <X.$lj I 4&$ Gary M. Szytel LS 4458 Date _. , . I,, , ,. * .. e e .I434 EXHIBIT B (Parcel 1) Parcels 2, 3 and 4 of Parcel Map N0./8/??6 .I recorded in the Office of the County Recorder of Sz OUIII S. of California as File No. qfi' ,-$? Fi / !i- / f> , 1996 Gary M. Szytel LS '44,$3 fl c&;.,\; <\,,,.!z __ \!,. .\.L.L "__ n .' Qy?;;,, i :"- ~ ~ ( 6 kg I-p <.,v: [s q30/&> fiL!i,< .:;>:, ; /a' 'qw. &*- :. ' .~.>:,>\ /(I ~ .v.:-:.$.k, ?( \a %\ 4.?.:- ._.__... \<!: 0" ,: .3 i , \- i- ($9 "-,b:.&" Date - ‘.- e 0 1435 Prepared Hy: e SzyCel 1EmgiarG:eril urrd Surveylard, In 304 SluIr PI. y(l1: 141-6919 FAX (61Y) 741.37, Ikundidu, (‘ulllwnlw YlUlY ”> .z ..7 i”4 (, J J”%*/ 4i, I Gary M. SZYIKI K(‘E2JOOO I.SJ.IjI