HomeMy WebLinkAboutPR 07-103; Michael D O'Gara and Vicki B O'Gara; 2008-0250611; CovenantV?
Recording
LandAmerica Developer Service;
Subdivision Department
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DGC# 2008-0250611
MAY 09, 2008 11:19 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 25.00
PAGES:
4388
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 156-212-14
PROJECT NO. & NAME:
PR 07-103 O'Gara Minor Subdivision
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 D. O'Gara and Vicki B. O'Gara, 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 condition of approval number 12 of Minor
Subdivision 03-07 approval letter dated June 9, 2004 issued by the City of Carlsbad for
development located on real property described in Exhibit "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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See Exhibit "B" attached hereto and made a part hereof.
Exhibit "C" is provided for clarity only.
This covenant for easement provides for drainage purposes over, across and upon the
burdened property for the benefit of the property benefited and sha" 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:
V'&,
(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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State of California
County of San Diego
On before me,
(Date)
personally appeared fY\>dAQTg-l
ro4
*
Q.r>
(Name, Tffle of Officer)
&
O Yo
(Name[s] of Signer[s])
_, D personally known to me -OR - D
(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
executed the same in his/her/lfieir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person
acted, executed the instrument.
WITNESS my hand and official seal
(s), or entity upon behalf of which the person(s)
C. M. MORGANS »
COMM.# 1474003 %NOTARY PUBLIC-CALIFORNIA 0
SAN DIEGO COUNTY 0
COMM. EXP. MARCH 23,2008 -*
Signature of
(This area for
official notary seal)
Title or Type of
Date
Document
Signer(s) other
Document
of
than named above
No. of Pages
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28^7
4391
EXHIBIT "A"
PR 07-103
A 5 foot wide easement for drainage purposes over, under, along
and across that portion of Parcel A of Parcel Map No. COO^?If$(0,
in the City of Carlsbad, County of San Diego, State of
California, according to map thereof filed in the office of the
County Recorder of San Diego County £^^0% as file no.
Q^ 0(# 0% ? further described as follows:
Commencing at the easterly corner of said Parcel B;
Thence along the northeasterly line of said Parcel B North 34°
00' 11" West a distance of 79.94 feet to the northeasterly
corner thereof;
Thence along the northwesterly line of said Parcel B South 55°
59' 28" West a distance of 115.00 feet to the Northeast corner
of Parcel A of said Map and being the True Point of Beginning;
Thence along the northwesterly line of said Parcel A South 55°
59' 28" West a distance of 111.66 feet to a point in the
easterly line of easement for James Drive as described in deed
of the City of Carlsbad filed in the office of the County
Recorder of San Diego County December 30, 1985 as file no. 85-
491827;
Thence along said line of James Drive South 22° 25' 02" East
(North 22° 55' 20" West per said file no. 85-491827) a distance
of 5.10 feet to a point;
Thence through said Parcel A North 55° 59' 28" East a distance
of 112.69 feet to a point;
Thence North 34° 00' 17" West a distance of 5.00 feet to the
True Point of Beginning.
Containing 560.869 square feet of land more or less.
//
Prepared by:
Sy 767p Exp. Date 12/31/08
EXHIBIT WB"
PR 07-103
Parcel B of Parcel Map No.
4392
in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof filed in the office of the County Recorder of San Diego
County £)~^Q% _ as file no.
Prepared by:
David Jo
^-—^"vy- i""L.S. T^p;72 Exp. Date 12/31/08
4393
EXHIBIT "Cf
PR 07-103
VALLEY STREET
Scale: 1" = 60'
INDICATES 5 FOOT DRAINAGE
EASEMENT OVER PARCEL A, MS
03-07 OF PARCEL MAP NO.
FOR THE BENEFIT OF PARCEL B,
03-07 OF PARCEL MAP NO. <2.
RECOROED 'n-fl
OWNER PARCEL A OF MS 03-07:
MICHAEL AND VtCKI O'GARA
3200 JAMES DRIVE
CARLSBAD, CA 92008
LIC. NO. 7672
EXP. DATE: 12/31/1
POINT OF
COMMENCEMENT
TRUE POINT OF
BEGINNING
PORTION OF JAMES DRIVE GRANTED AS
EASEMENT TO THE CITY OF CARLSBAD BY
DOC. # 85-491827 REC'D 12/30/85
PORTION OF JAMES DRIVE DEDICATED AND
EXCEPTED PER PARCEL MAP 13793
*N 22'55'20" W PER DOC. # 85-491827
DRAINAGE EASEMENT
OVER PARCEL A OF MS 03-07