HomeMy WebLinkAboutPR 03-79; ; 2004-0052213; CovenantRECORDED REQUEST OF
First American Title
SUBDIVISION MAPPING DEPT.
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
1.03~’ DOC # 2004-0052213
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2~4405221g
SPACE ABOVE THIS LINE FOR RECORDER‘S USE
ASSESSOR’S PARCEL NO. 21 5-070-09-00
PROJECT NO. & NAME: MS 01-04
Lynn Minor Subdivision
PR 03-79
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)
William R. Lynn and Candice C. Lynn, 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 “6”. 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 01-04 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:
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10359
See Exhibit “B” attached hereto and made a part hereof.
Exhibit “C” is provided for clarity only.
This covenant for easement provides for Private Sewer 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
Dated:
of all successors in interest
\0-20-03
to the real
(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
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H:/Development ServiceJMasterdDeeds-Grant Deeds-EaserrentJCovenant for Easement Rev. 4/28/97
State of California 1 1
County of San Diego 1
L t \e, n& ,PWL ,
(Name, Title of Officer)
ofih~ a, eefore me%lrfi;
personally appeared W\Cl\aSn uq-m mJ GuldaLe c .
tyn /
(Date)
(Name[s] of Signerts])
0 personally known to me -OR -6
(proved to me on the basis of satisfactory evidence) to be the person@ whose name
bre subscribed to the within instrument and acknowledged to me that hsklthey
executed the same inhhheir authorized capacita, and that by hhrck'Br/their
signaturaon the instrument the persh or entity upon behalf of which the pers
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary - official notary seal)
Date of No. of Pages 3
Document OCA * 20 mvr3
&*Wl 'I I/ Signer(s) other than named above'' &a, cc;s7?
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H:/Development Servtces/Masters/Deeds-Grant Deeds-Easemenls/Cavenant for Easement Rev. 4/28/97
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Pagelof1
Exhibit ‘A’ (Burdened Propeay)
Covenant for Easement hr Sewer Purposes PR 03-79
Easement lipl Description:
The eastierty20.00 feet of Parcel 3 of Pd Map No. /?Lfl/ , m the cttp. of Carlsbad,
County of San Diego, State of catifotnia according to Official Plat thereof on file in the office
of the County Recorder of said County.
Containing 6,009 !%pare Feet, more or less.
Attached hereto andmadeapatthereofk Jkhibit C.
Subject to: Covenants, Conditions, Resmctions, ReservatJ. ‘om, Easements and R@ts-of-Way of
record, ifany.
f
Michael L Bend, LS. 5649, Exp. 9/30/05
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10362 Pagelof1
Covenant for Easement hr Sewer putposes PR 0379
Pd 1 of Parcel Map No.
California, according to Official Plat thereof on file in the office of the County Recorder of said
94 1) in the City of catlsbad, County of San Diego, State of
county.
Michael L Benesh, LS. 5649, Exp. 9/30/05
10363 ..
I COVENANTFOR SEWER EASEMENT I ~~79
., 10364
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the interest in real property conveyed by the Covenant For Easement
dated October 20,2003, from William R. Lynn and Candice C. Lynn, husband and Wife as _joint
tenants, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the
City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on
September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized
officer.
DATED: Januarv 20,2004