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Home My WebLink AboutMS 99-14; ; 2001-0506005: CovenantDOE # 2001-050~005 1994 rs JUL. 201 2001 3:45 PM ,_i. REGQRDlNG REQUESTED BY 1 (, ..- . *..s., ,s.*- z... WHEN RECORDED MAIL TO: IkGl f UTICIAL REcm w&y Gag lunRD&Rhrn fiEs: ’ 23.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR’S PARCEL NO. 156-230-34 & 37 PROJECT NO. & NAME: MS 99-14 GILBERT MINOR SUBDIVISION PR 01-05 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) Richard T. Gilbert, Trustee of Trust 6 of the 1985 Gilbert Living Trust dated August 2, 1985 and Robert J. Gilbert, a single man, hereinafter referred to as “Owner” creates 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 MS 99-14 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. 1 MasterslFormsKWenani for Easement Rev. 4/28/97 . , l 12218 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 4-foot private drainage easement over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and the Owner of the property benefited and any successors in interest to the property benefited by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant for easement shall be binding upon and the benefit of the covenant for easement shall inure to the benefit of all successors in interest to the real property. Dated: 2// %-/$a b / Richard T. Gilbert, Trustee of Trust B of the 1985 Gilbert Living Trust dated August 2, 1985 (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: y BALL I Masters/FomWCovenant for Easement 2 Rev. 4/29/97 1 ChLlFORNlA ALL-PURPOSE ACKNOWLEDGMENT 12219 State of czdi~rni~ co On personally appeared Cl knownto m-roved to m+ufTH A MARTIN COMM. #1241m me on the basis of satisfactory evidence to be the person(s) whose name(sjj$&@subscribed to the within instrument and acknowledged to me that -executed the same in bi&b&&&uthorized capacity(ies), and that by - err rgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach Title or Type of Document: Document Date: Signer(s) Other Than Named Above. Number of Pages: Capacity(ies) Claimed by Signer(s) 74 Individual 0 Corporate Officer Title(s): cl Partner - •i Limited 0 General I7 Attorney-in-Fact F Trustee 0 Guardian or Conservator 0 Other: Top of thumb here Signer Is Representing: Nh %bck TGi Ibert Signer’s Name: Individual Corporate Officer Title(s): Cl Partner- 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Too of thumb here 0 1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 a Canoga Park, CA 91309.7164 Prccl. No. DY”, . 12220 EXHIBIT "A" LEGAL DESCRIPTION for DRAINAGE COVENANT FOR EASEMENT BURDENED PROPERTY P.R. 01-05 A PORTION OF PARCEL 1 OF CARLSBAD MINOR SUBDIVISION NO. 99-14 THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALI- ACCORDING TO PARCEL MAP THEREOF NO. . FILED THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DESCRIBED AS FOLLOWS: A 4.00 FOOT WIDE PRIVATE DRAINAGE EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH O"54"08" EAST 145.16 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89"58'- 07" EAST 4.00 FEET; THENCE NORTH O"54'08" WEST 145.16 FEET TO THE NORTHERLY LINE OF SAID LOT THENCE ALONG NORTHERLY LINE OF PARCEL 1, NORTH 89'59'48" WEST 4.00 FEET TO THE TRUE POINT OF BEGINNING. PRIVATE EASEMENT AREA IS 581 S.F. MORE OR LESS. 12221 EXHIBIT "B" LEGAL DESCRIPTION for DRAINAGE COVENANT FOR EASEMENT BENEFITED PROPERTY P.R. 01-05 PARCEL 2 OF CARLSBAD MINOR SUBDIVISION NO. 99-14 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. /g7d7 -FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JVY zc . , 2001. PARCEL 2 AREA IS 8,164 S.F. MORE OR LESS. L . BUE:%A ‘.‘%TA 2222 . ELEMENTARY SCHOOL .+ ROAD EASEMENT -SF cI A?’ REC. 4-M-1931 rC / BOOK 1087 PAGE I/ // 227 OF DEEDS ff BUENA I ’ .:d VISTA \F C- N09’59’48”W 121.02’ - - _ _ ;‘-- u 363.00’ -- NS9.59’41 I / 60.48 ( N8959’48”W 121.02’ - - I ,JAY -=+ N : - --’ -3; s -g I 7 5 9 c 3 1 N8959’48’W -- 60.48’ -0’ t LEGEND: ezZan EASEMENT 0 STAMPED 3/4” IP W/PLASTIC RCE 27542 CAI PARCEL 2 9,978 S.F. GROSS 8,164 S.F. NET s6 'm 0 -* P P BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE WESTERLY PROPERTY LINE OF PARCEL 1: SCALE1 1’=60’ APN 156-230-34 I I.E. N 0’54’08” W -m .--- f4’ 00’ JN89’59’48’W 60.49 -. :; 60.51’ 60.51’ \ .F MAP 4233 LOT 28 I PARCEL I ’ 10,291 S.F. GROSS a.779 s.F. NET -q s 2 4.00’ 3 ‘8 ,-3 P APN 156-230-3; PM 14713 ” 4.00’ PRIVATE ;;;IytE EASEMENT . . h c: 3 FAR. A PAR, E 60.50’\ @ 121.01’ ‘\ \ -” I I \= --- N8958’07’E 167.78’ -L- ‘k f \ I \ / 60.51’ - - c- -iieSS / ,_&--- _ N89Jl’ll”E _ CYNTHIA !?i “EXISTING 25’ WIDE PUBLIC i$MD &_UTlLll-Y EASEMENT REC. APRIL 29, 1985 FILE NO 85-147101 OF O.R. LClT 16 MAP 4233 LCT 22 MA? 42% -. .----.. EXHIBIT “C” 1 PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR DRAINAGE COVENANT FOR EASEMe”‘T )6SEP PR 01-05 1~ I(ILUKOSKI, P.E. RCE 27642 ‘I-‘” ’ / P.O. BOX 131614, CARLSBAD, CA 92013 760/436-0270 1 SCALE: 1”=60’ 1 DATE: 01-12-01 1 JOB #I9906