HomeMy WebLinkAboutPD 05-08; ; 2005-1001391; CovenantRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
ASSESSOR’S PARCEL NO. 205-21 0-94 & 95
DOC # 2005-1 001 391 I llllllll11111ll1 llll111111ll111 Ill11 IIIII lllllIIIllIIllIlll11ll11 Ill1
NOV 18,2005 9:21 AM
OFFICIAL RECURDS 5P.N DlEGO COUNTY RECORDER’S OFFICE IiREIiORY J SMITH, COUNTY RECORDER
PAL E S FEES 25 00 7
SPACE ABOVE THIS LINE FOR RECORDERS USE
PROJECT NO. & NAME: PR 05-91
PD 05-08 Shamshoian Residences
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)
Michael J. Shamshoian and Lucia Ellens Shamshoian, husband and wife as joint tenants,
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 Grading Plan and
Grading Permit number DWG 432-1A, GR 05-38 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:
1
H:/Development ServicedMasters/Deeds-Grent Deeds-Easements/Covenant for Easement Rev. 4/26/97
See Exhibit “B” attached hereto and made a part hereof.
Exhibit “C” is provided for clarity only.
This covenant for easement provides for private utility and drainage purposes 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: /o /I 7/&-
(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 MECUTIONS 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 ATTORNEYS WITH RESPECT
THERETO.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY: JLu%& Deputy City Att ney
2
H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
.-
State of California ) 1
County of San Diego )
On 10- 1q-o before me,
personally appeared M I[/+= L f s#fiflsko/M OL
(Date)
(Name[s] of Signer[s])
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person@), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Commission # 1%
(This area for
official notary seal) Signature of Notary
Title or Type of Document co rwd f*
Of /6 -17 -0 < Date 3 No. of Pages
Document
Signer(s) other than named above -
3
H:/Development ServimslMasterslDeeds-Grant Deeds-EasemenWCovenant for Easement Rev. 4/28/97
EXHIBIT “A”
UTILITY & DRAINAGE EASEMENT
LEGAL DESCRIPTION
AN EASEMENT FOR PRIVATE UTILITY AND DRAINAGE PURPOSES OVER,
UNDER AND ALONG A PORTION OF PARCEL A OF ADJUSTMENT PLAT NO.
CERTIFICATE OF COMPLIANCE CE 05009 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JULY 11, 2005 AS
BEING A PORTION OF PARCELS I AND 2 OF CITY OF CARLSBAD PARCEL
MAP NO. 17342, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 24, 1994, SAID EASEMENT BEING A STRIP
OF LAND 5.00 FEET IN WIDTH LYING NORTHWESTERLY AND
NORTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE FOLLOWING
DESCRIBED LINES:
ADJ 05-04 IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, PER
DOCUMENT NO. 2005-059755 OF OFFICIAL RECORDS, SAID PARCEL A
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL
1, DISTANT THEREON NORTH 61”20’40” EAST 42.42 FEET FROM THE
SOUTHWEST CORNER THEREOF, SAID POINT BEING ON THE NORTH-
WESTERLY RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE (60.00 FEET
WIDE); THENCE SOUTH 61 “20’40” WEST 42.42 FEET TO SAID SOUTHWEST
CORNER; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL
1 NORTH 28’36’28” WEST 11 I .22 FEET TO A POINT OF TERMINATION WITH
THE NORTHWESTERLY LINE OF SAID PARCEL A, SAID NORTHWESTERLY
LINE BEARS NORTH 61 “1 9’41” EAST.
THE NORTHEASTERLY SIDELINE OF SAID STRIP OF LAND SHALL
TERMINATE NORTHERLY AT SAID NORTHWESTERLY LINE BEARING
NORTH 61”19’411’ EAST.
EXHIBIT “5”
LEGAL DESCRIPTION
PARCEL A
PARCEL A OF ADJUSTMENT PLAT NO. ADJ 05-04 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER
CERTIFICATE OF COMPLIANCE CE 05009 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 11, 2005, AS
OF PARCELS 1 AND 2 OF CITY OF CARLSBAD PARCEL MAP NO. 17342,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
MARCH 24, 1994, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
DOCUMENT NO. 2005-0579755 OF OFFICIAL RECORDS, BEING PORTIONS
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL
2 OF PARCEL MAP NO. 17342, DISTANT THEREON SOUTH 61”20’40” WEST
20.00 FEET FROM THE MOST EASTERLY CORNER THEREOF, SAID POINT
AVENUE (60.00 FEET WIDE); THENCE LEAVING SAID NORTHWESTERLY
SAID PARCEL 2 OF PARCEL MAP NO. 17342, NORTH 28”36’28” WEST
111.25 FEET; THENCE SOUTH 61”19’41” WEST 114.02 FEET TO THE
SOUTHWESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 17342;
THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 28”36’28” EAST
BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF MAGNOLIA
RIGHT-OF-WAY LINE PARALLEL WITH THE NORTH-EASTERLY LINE OF
11 1.22 FEET TO SAID NORTHWESTERLY RIGHT-OF-WAY LINE; THENCE
ALONG SAID NORTHWESTERLY RIGHT-Of -WAY LINE NORTH 61 “20’40”
EAST 114.02 FEET TO THE POINT OF BEGINNING.
CON’ TAINS 0.291 ACRES
n-
‘I
EXHIBIT “B”
LEGAL DESCRI PTl ON
PARCEL B
PARCEL B OF ADJUSTMENT PLAT NO. ADJ 05-04 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER
CERTIFICATE OF COMPLIANCE CE 05009 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 11, 2005, AS
OF PARCELS 1 AND 2 OF CITY OF CARLSBAD PARCEL MAP NO. 17342,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
MARCH 24, 1994, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
DOCUMENT NO. 2005-0579756 OF OFFICIAL RECORDS, BEING PORTIONS
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 2 OF
PARCEL MAP NO. 17342, SAID CORNER BEING ON THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE (60.00 FEET WIDE); THENCE
ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE SOUTH 61 “20’40”
WEST 20.00 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-
WAY LINE PARALLEL WITH THE NORTHEASTERLY LINE OF SAID PARCEL
2 OF PARCEL MAP NO. 17342, NORTH 28”36’28” WEST 111.25 FEET;
THENCE SOUTH 61”19’41” WEST 114.02 FEET TO THE SOUTHWESTERLY
LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 17342; THENCE ALONG
SAID SOUTHWESTERLY LINE NORTH 28”36’28” WEST 94.65 FEET TO THE
MOST WESTERLY CORNER OF SAID PARCEL I OF PARCEL MAP NO.
17342; THENCE NORTH 61”91’41” EAST 134.02 FEET TO THE MOST
NORTHERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 17342;
THENCE SOUTH 28”36’28” EAST 205.91 FEET TO THE POINT OF
BEGINNING.
CONTAINS 0.342 ACRES
,-
7
SCALE 1 ”=40’
I I -N-
EXH I 8 1 T ” C”