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HomeMy WebLinkAboutPD 07-03; |Ida Fumiko Trustee|Kato|; 2008-0105707; Covenantft. 8§86ffling Requested By 2008-0105707 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 FEB 29, 2008 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH.. COUNTY RECORDER FEES: 27.00 PAGES: 37 50?* 4394 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 209-070-04, 05, 08 PROJECT NO. & NAME: PR 07-21 Covenant for Easement for: ADJ 06-16 The Kato Family Trust 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) Ida Fumiko Kato, Trustee, Kato Family Trust dated March 30, 1983, Ida Fumiko Kato, Trustee, Kato Family Trust, Survivor's Trust, dated March 30, 1983, and Ida Fumiko Kato, Trustee, Kato Family Trust, Residual Trust, dated March 30, 1983, hereinafter referred to as "Owner" creates a covenant for easement for the purpose stated hereon; over, under, 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 an Adjustment Plat number ADJ 06-16 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 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 C 3 4395 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 ingress/egress and utilities over, under, 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: IDA FUMIKO KATO, TRUSTEE The Kato Family Trust U/D/T March 30, 1983 IDA FUMIKO KATO, TRUSTEE The Kato Family Trust, Residual Trust, March 30, 1983 IDA FUMIKO KATO, TRUSTEE The Kato Family Trust, Survivor's Trust, March 30, 1983 (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 ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of " On _^before me, Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) IMIi I. &OVW.EY CommlMton # 1773534 m Notary »>ubiic - California I San 01*90 County who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature, OPTIONAL - Signature ot Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ' • ; Document Date: •Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ' ' D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 H/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev 4/28/97 GOVERNMENT CODE 27361 .?O 4397 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Terri L. Rowley Commission Number: 1773534 Date Commission Expires: October 15. 2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) / /? Signature(f\/jUr - ^ City of Carlsbad 7) 6 Place of Execution: Office of the City Clerk/City of Carlsbad Date: 2/22/08 Rec. Form #R10 (Rev.7/96) 4398 EXHIBIT "A" LEGAL DESCRIPTION INGRESS/EGRESS COVENANT OF EASEMENT BURDENED PROPERTY PR 07-21 A strip of land 60 feet wide lying within that certain parcel of land situated in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Parcel 2 of Lot Line Adjustment ADJ 06-16 per Certificate of Compliance recorded 2008 as Instrument No. 2008 - Q>05?t)(> of Official Records in the Office of the County Recorder of said San Diego County Kevin D.^6310 4399 EXHIBIT "B" LEGAL DESCRIPTION INGRESS/EGRESS COVENANT OF EASEMENT BENEFITED PROPERTY PR 07-21 That certain parcel of land situated in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Parcel 1 of Lot Line Adjustment ADJ 06-16 per Certificate of Compliance recorded l^lA^ 2008 as Instrument No. 2008 - Olb^rOS of Official Records in the Office of the County Recorder of said San Diego County <evin D. McRugh, Jr., PXS. 6310 N89°53'00"W 454.68' § 5 8 S0CD03 470.00' N00°32'00" 554.20' N89°28'00"E 246.00' 4400 PARCEL 2 A 60' WIDE EASEMENT FOR INGRESS & EGRESS PURPOSES WITHIN PARCEL 2 FOR THE BENEFIT OF PARCEL! 00l<°100 3CM 8 COmoa>ooz NOO°32'00"W 1470.00' BEYOND ENQINEERIN8 WTO AVENUE OF KBRE, aUIE M 0M88&06001& NUWMOO PAX UN DEM CA. ttta IIWJHLTECOH GRAPHIC SCALE --- D' -- 100" 200' SCALE ;"= 200'