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Home My WebLink AboutPR 3.4.239; LOPEZ, THOMAS JR., AND PAULA DIANE; 1996-0410332; Covenant1, i 3 I 0 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 0 13-fiUU-19P8 GBI=42 Pln OFFICI& RECORDS SAM NEGD COUNTY RECORDER'S OFFICE RF E 1 f .OO FEES: 25, Q0 FIF : 13.00 !IF : 1.00 1081 GREGDRY SfliTH 7 COUEiTY !?ECOWDER I APN: 156-120-60 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) Thomas Lopez, Jr. and Paula Diane Lopez, husband and wife a C; joint tenants, hereinafter referred to as Owner creates a covenand- for easement for the purpose stated hereon; over, across and upon the real property described in Exhibit "AIJ for the benefit of the property referred to in Exhibit IrBIr. 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 longex needed to achieve the land use goals of the City. This covenant for easement is required by a condition of approval for certificates of compliance numbers 681 and 682 issued by the City of Carlsbad for development located on rea:- property described in Exhibits lIA1l and llBTJ. The property burdened by this covenant for easement i:: described as follows: See Exhibit "A" attached hereto and made a part hereof. Exhibit sCJl is provided for clarity only. ! i '% fl . 0 0 .- 1082 The property benefited by this covenant for easement is described as follows: See Exhibit )IBII attached hereto and made a part hereof. Exhibit I1Cl1 is provided for clarity only. This covenant for easement provides for ingress, egress and placement of utilities 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 succes- sors 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: A,/ 7/93/ Thomas Lopez, Jr. and Paula Diane Lopez, Husband and Wife as Joint-Tenants @A&pp PA2t$z.y (NOTARIAL ACKNOWLEDGEMENT 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 DIRECTORS TEAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED TEAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEHENTI THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO o Approved as to form: D. c: p* p6NALD R': BALL, City Attorney Agreements/Afr-5.FRM REV 10/29/92 L .* c "3. , 0 e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 &%s-OL A Le6Anc NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) 0 personally known to me - OR - @-proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to. the within instrument and ac- knowledged to me that -/they executed the same in "/their authorized capacity(ies), and that by -/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (70 1/ 4/7C(nf ;r ,&e J-ed- 2 - hf-4 /, c fl*+as/zeol TITLE OR TYPE OF DOCUMENT TITLE(S) 0 ATTORNEY-IN-FACT NUMI~ER OF PAGES GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 I. e EXH I BIT "A 1086 LEGAL DESCRIPTION The Westerly 20 feet of the Westerly 105 feet of that portion of Tract 5 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921, described as follows: Beginning at the SouthEast corner of said Tract 5; thence North 0" 02' West along the East line of said Tract, 120.20 feet; thence North 89O 59' West 296.48 feet to a point on the East line of the land conveyed to W.J. Husson Tuckett, et ux, by Deed recorded February 20, 1937 in Book 627, Page 12 of Official Records; thence South 0" 02' East along said East line 120.20 feet to the South line of said Tract 5; thence along said South line South 89" 59' East 296.48 feet to the point of Beginning. Except those portions previously dedicated for public road and public utility purposes. ,,,a*bbO***.... ..?' c 1 v (%# ~~~~'~~~?*..****..,~~~.. $ &;e BRlAN 5% %s Q .p 5 3-5\4@0=$/' ,z + **** *. 5 k: DONALD ; "p! z cy - No. 26175 5 s>. Professional ; Z i i 4 i CJVlL i ' J K#i 5 +*% .,......* p,..' "*a,,, I... ** 6/1/45 I~ I I. 0 0 EXHIBIT "B 9085 LEGAL DESCRIPTION The Westerly 105 feet of that portion of Tract 5 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 171 9, filed in the Office of the County Recorder of San Diego County, June 20, 1921, described as follows: Commencing at a point on the East line of said Tract 5, distant thereon North 0" 02' West 120.20 feet from the SouthEast corner of said Tract 5; thence North 89" 59' West, 296.48 feet to a point on the East line of the land conveyed to W.J. Husson Tuckett, et ux, by Deed recorded February 20,1937 in Book 627, Page 12 of Official Records; thence North 0" 02' West 100.19 feet along said East line to a point on the South line of land conveyed to James Hornbeck, et ux, by Deed recorded February 25, 1929 in Book 1601, Page 90 of Deeds; thence South 89" 59' East along said South line of Hornbeck's land 296.48 feet to said East line of Tract 5; thence South 0" 02' East along said East line 100.19 feet to the point of commencement. Clpl5- .:.., 1 I *, * Exhibit "C" 1086 POTU~OM~~ TT~C~ s9 IMI~~ ~0~ nmg !I e/ II South he of Janes Hornbeck land N 89 39' W 296.48' :j 107 A 7 [vi I , -"" 1 -- "" "..........._ P wQ Q 20' / -$ PM nnBca b' 2 I( .A g $2 Q I I/ I I I e J1 I -dl 2 I $wP@w. I a// 2 ho I I 3: 1 m, r, % I II 3 ;; BrcsoPefiaed j 'II: j PU=QP@flY ]. pmcsn 3 I l PmGen 2 BI GI 41 1 I1 I I SQ 8 '\Ill a I N 8959' W ZT.48' CLI k 4, 0 -3 105' SQ .._._............__. r - - - - - - - - - - - . . . . . . . . . . , . Q -41 (a N 5 3- BURWTII& ; 2 I I I I Q QII 3 pmcen n -$I I I 8 21 2 I a Easterly Lhe of Fuct 5 I l& I I II rYl+ 1021 ; -w --"""" Buena Vista Way i?( I R Souther& Lhe of Trod 5 1- %% 02 N 8959' W 296.48' 'I l yh Legal Description Portion of Tract 5 of Map 1719. in the State of California. C/L LeEend City of Carlsbad, County of San Diego, I " Plat to Illustrate Covenant for Easement Project Exhibit at 1450 Buena Vista Way; APN 156-120-60 Number June, 1995 PR 3.4.239 G - t 1. 1. e * CERTIFICATION FOR ACCEPTANCE OF DEED 1087 This is to certify that the interest in real property conveyed by the grant deed or easement, dated 61 7 / 95 J fiOIL-"" Thomas "....."."- ti n Paula ... I I_ Diane Lw;h,Jr. to the City of 'Carlsbad, 'California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly authorized officer. DATED: Augus't 5, 1996 .. aw? Clty Cleck . .. . . . . . . . . . . ..