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Home My WebLink AboutPR 99-70; Cade, Stephen P. and Maureen; 1999-0661445; Covenant. . .’ . * I &CORDED REQUEST OF -- DOC # 1999-0661445 I . F 89 mrst American Title SmDIVrSIo~ MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 /A3 78/P6 3867 SEP 29, 1999 Il=ll AM aTICIAL lEalRDs W DWI lYlUNTY RECORKR’S OFFICE - EF’ ?!EDRmlRDER : . SPACE ABOVE THIS LINE FOR RECORDER’S USE @ :r 2, (~:_ ,, ,( -‘ig’,t,’ COVENANT FOR EASEMENT :;:.I @‘, overnment Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 >$$ af Title 7; Carlsbad fvlunicipal~ CodeSection 20.04.146j /B ,, ::Q O9 : .: ::; : _.: “ :, ,‘ :, Stephek fj’.‘~Ca&$ and Maureen Cade, co:trustees, U.T.D. A&l 6,’ ‘1994, t&&nafter :, >I_ (- :,,:;y; I’ : referred to’as~‘Cwne#‘creates a covenant for easement for the purpose stated ‘hereon; over, )1 ‘8 across and upon the @al property described in Exhibit “A”’ for the benefit of”the“‘property ‘) referred to in ‘Exhibit: ‘i$% This covenant for easement may ,be released only’ ackrdfng to the ,_ procedures establSshed~~by~l&v if it is determined ‘by the City that the covenanf”~k no longer needed to achieve the land use’g&&%of,the City. (,: I) ,’ i ,~ ;,:: : .‘,J j I. This covenant for easement is re!#iired by a-c&%dttl’on of approval fur a Minor Subdivision yj; ,‘ ,I number MS 96-01 issued by the City of Carlsba’d%or development‘,lbcated on real property described in Exhibits “A” and “B”. ~ The property burdened by this covenant for easement is described as follows: See Exhibit “A” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. The property benefited by this covenant for easement is described as follows: MasterslFormsGwenant for Easement 1 - . . 3868 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for a private drainage easement over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and the Owner of the property benefited and any successors in interest to the property benefited by this covenant. This covenant for easement shalt run%ith’ths land, and the burdens of the covenant for : / ‘ 1 :i, i ) _~( easement shall be binding upon &icfi”&‘benefitt&k covenkt for’easement shall inure to the benefit of all successor&n interest to the real ,p@$%xty.-‘~ ,“’ : ,::::a Dated: : ‘/ 2+v t-0,‘ I 1 my Steven P~‘@#e,and lvlaur&n:Cade, :((,, ,:,LIi (E( .&$.,. ,: ,’ ,,, _, ‘: i ‘,, :‘) ) :: ; ,_“ ,) ,( -‘a‘) , ,,‘, (b: ;.$:I: ii ‘,,:I ,i! : “:@ I$ 3,: 3, ~NOTARIA&KjJO~~EDGMENT O;,;XECUTl ‘), NOTE THAT THE #&&IENT ~~#IICE-~RESIOENT AND ~HE~SECRET+ARY OR“ ASSISTANT SECiRETi&* MUST SIGN FOR CORPORATE EXECUTIONS tip Tril$ DOCUMENT. ALTEREjAi’ELY A TRUCE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY~THE SECRETARY OR ASSISTANT SECRET’ARY OF THE CORPORATION, UNDEF$CORPORATE &AL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN B’EH#kl;;lF’OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAlD INDIVIDUAL TO ACT IN THIS MATTER. :, IT IS RECOMMENDED TbT, PRlO&O THE EXECUTl~N~‘OF THIS i%VENANT FOR EASEMENT, THE PARTIES Ci3kSULT WITH THilR ATTORNEYS WITH RESPECT THERETO. ‘_ ,( s, i‘ ,: APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 Rev. 4ml97 1 Masters!FormsiCovenant far Easement CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant of Easement September 10, 1999, from Steven P. Cade and Maureen Cade, Co-Trustees, 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: September 21,1999 98-035 Q/l 4lQQ FIB EXHIBIT ‘A’ LEGAL DESCRIPTION FOR PRIVATE DRAINAGE EASEMENT (over Parcel 2 In favor of Parcel 1) All that portion of Parcel 2 of Parcel Map No. /my as filed in the office of the County Recorder of San Diego County, in the City of San Diego, County of San Diego, State of California, more particularly described as follows: Beginning at the Northwest corner of said Parcel 1 and a point on a 110.04 foot radius non-tangent curve concave Northerly, a radial to said point bears South 3O52’05” West; thence along the arc of said curve along Adams Street right-of-way having a 30.00 foot wide half right-of-way width 1. Northeasterly 63.98 feet 2. South 32O35’26” East 4.80 feet 3. Southeasterly 4. Southeasterly 62.83 feet 52.94 feet 5. Southeasterly 98.23 feet 6. South 20°55’OO” West 21.83 feet 7. South 20°55’OO” West 144.74 feet; through a central angle of 33O18’38” to the most Westerly corner of said Parcel 2; thence along the Southwesterly line of Parcel 2 to the beginning of a tangent 200.00 foot radius curve concave Northeasterly, a radial to said point bears South 57O24’34” West; thence continuing along the Southwesterly line of Parcel 2 along the arc of said curve through a central angle of 18°00’OO” to a point on a reverse curve concave Southwesterly having a radius of 200.00 feet, a radial to said point bears North 39O24’34” East; thence continuing along Southwesterly line of Parcel 2 along the arc of said curve through a central angle of 15°10’OO” to a point on a reverse curve concave Northeasterly having a radius of 200.00 feet, a radial to said point bears South 54°34’34” West; thence continuing along Southwesterly line of Parcel 2 along the arc of said curve through a central angle of 28oO8’26” to the Southwest corner of said Parcel 2; thence along the Westerly line of said Parcel 2 to the TRUE POINT OF BEGINNING; thence continuing along the Westerly line of Parcel 2 thence 98035.lgl7 3871 EXHIBIT ‘A’ LEGAL DESCRIPTION FOR PRIVATE DRAINAGE EASEMENT (over Parcel 2 in favor of Parcel 1) 9114199 Page Two 8. South 6Q”05’OO” East 10.00 feet; thence 9. North 20°55’OOa East 129.32 feet to a point on a curve concave Northeasterly having a radius of 32.50 feet, a radial to said point bears South 73°03’20” West; thence along the arc of said curve 10. Northwesterly 7.81 feet through a central angle of 13°46’19” to a point on a reverse curve concave Westerly having a radius of 29.50 feet, a radial to said point bears North 86O49’39” East; thence along the arc of said curve 1 I. Northwesterly 10.65 feet through a central angle of 20°41 ‘06” to the TRUE POINT OF BEGINNING. Contains 1375 square feet, more or less. a . I 3872 EXHIBIT ‘B’ LEGAL DESCRIPTION FOR BENEFlTED PARCEL Parcel 1 of Parcel Map No. /lc35ff as filed in the office of the County Recorder of San Diego County, in the City of San Diego, County of San Diego, State of California. 98-035 Q/l 4JQQ RB Q Q8085lgl Q * Z ,‘\Y:, / PlATFnR 3873 /=f I L,.l , VI. e I PRw..~ MAINAGE 1 a ,,,.,I, * Y,.. ~- fASEh4ENT I L,.l , VI. PRw..~ MAINAGE 1 (OKR PARCEL 2 IN FAVOR OF PARCEL (OKR PARCEL 2 IN FAVOR OF PARCEL / ---- j&o’ ’ 1’ L=62.83'A&$' mNsuLllN0 mmNws 2187 NEYFCASRE AWNlIE SUITE 103 CAltWFF BY ME SEA, CA.. 02007 TEL. 760/4s6-sJ00 FA% 760/4343-e403 . . . . L I . A 1 . 3874 State of California County of San Diego ) On g/10/99 before me, Denise Sciarra, Notary Public (Date) (Name, Title of Officer)’ personally appeared * * Steven P. Cade and Maureen Cade * * * * * * * * (Name[s] of Signer[s]) X personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) -0 ’ ar subscribed to the within instrument and acknowledged to me that executed the same in eauthorized capacity(ies), and that by he signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal 2 Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages