HomeMy WebLinkAbout1989-03-21; City Council; 9921; Covenant For Easement James Drive. Cl-’ OF CARLSBAD - AGENT”- BILL 6-6 ,’ ,:’
AB# 793-l TITLE: ACCEPTANCE OF A COVENANT FOR DEPT. HD&#
MTG. 3-7 1-89 EASEMENT FOR DRAINAGE PURPOSES, MINOR SUBDIVISION 776 CITY Am%fi
DEPT.- CITY MGR.~
RECOMMENDED ACTION:
Adopt Resolution No. 84-m accepting a Covenant for Easement for
drainage purposes.
ITEM EXPLANATION:
As a condition of approval of Minor Subdivision 776 the owner is required to
enter into a covenant of easement for the purpose(s) of drainage over Parcel
2 located at James Drive. The Covenant of Easement is being created in
accordance with the provisions of Chapter 20.64.140 Carlsbad Municipal Code.
FISCAL IMPACT:
Requiring creation of the Covenant for Easement will not cause any fiscal
impact to the City and will allow for orderly development of the involved
properties.
EXHIBITS:
1. Location Map.
2. Covenant for Easement from Roger and Mildred Dawson dated February
14, 1989.
3. Resolution No.%-81 accepting a Covenant for Easement for drainage
purposes.
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3OJECT NAME 1 PROJECT # 1 EXHIBIT
MINOR SUBDIVISION
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MS 776
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1 DAWSON PROPERTY
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RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO: i
City of Carlsbad i 1200 Elm Avenue 1 Carlsbad, California 92008 )
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)
1. Roger A. Dawson and Mildred D. Dawson hereinafter referred to
as owner creates a covenant for easement for the purpose stated in
paragraph 5 hereof; over, across and upon the real property described in
paragraph 3 hereof for the benefit of the property referred to in paragraph
4 hereof. 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.
2. This covenant for easement is required by a condition of approval
for a Minor Subdivision Number 776 issued by the City of Carlsbad located on real
property described in paragraphs 2 and 3 hereof.
3. The property burdened by this covenant for easement is described as
follows:
"SEE ATTACHMENT "A"
4. The property benefitted by this covenant for easement is described
as follows:
The southeasterly 60' of the southwesterly 180.21' of
Lot 25 of Patterson's addition to the town of Carlsbad
as shown on Map #565 recorded September 22, 1888 and
identified as Parcel #lof Proposed Minor Subdivision
776.
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ATTACHMENT "A"
LEGAL DESCRIPTION
THE SOUTHEASTERLY 5 FEET OF A PORTION OF THE SOUTHEASTERLY 60 FEET OF LOT 25 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD AS SHOWN ON MAP NO. 565 RECORDED SEPTEMBER 22, 1888 AND IDENTIFIED AS PARCEL NO. 2 ON PROPOSED MINOR SUBDIVISION 776, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 25; THENCE NORTH 55" 27'31" EAST, 180.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 34"31'20" WEST, 60.00 FEET; THENCE NORTH 55"27'34" EAST 186.38 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF JAMES DRIVE; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF JAMES DRIVE SOUTH 22O55' 34" WEST 58.49 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEATERLY ALONG SAID CURVE THROUGH .A CENTRAL ANGLE OF OO"28'45" AN ARC DISTANCE OF 2.76 FEET: THENCE SOUTH 55'27'31" WEST, 174.08 FEET TO THE TRUE POINT OF BEGINNING.
5. This covenant for easement provides for drainage 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 benefitted by this covenant.
6. This covenant for easement shall run with the land, and the burdens
of the covenant shall be binding upon and the benefit of the easement shall
unure to the benefit of all successors to the real property.
Dated: 'd-/+ w
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2 STATE OF CALIFO x COUNTY OF g NIA an Dieqo I"".
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8 Oil February 14, 1989 ,before me, the undersigned, a Notary Public in and for
al z said State, personally appeared MildredD. lXc!dsQ~~rR lZ!zdsa i= 5 .u z E a I
5 .L L personally known to me (or proved to me on the basis of satis- *+*****6**********t+*******$******** +
I OFFlCDAL SEAL t
T factory evidence) to be the person(s) whose name(s)X/are sub- 3 :: p scribed to the within instrument and acknowledged to me that $ TERRY A. SANDERS ;
NOTARY PUBLIC-CALIFORNIA
2
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2 NOTARY BOND FILED IN 2 -hey executed the same. SAN DIEGO COUNTY
* =
Ki r s
? WITNESS my hand and official Seai. t My Commission Expires October 8, 1991 $
‘D ********t***************************
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z Sign:iture (This area for official notaria: Seal)
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RESOLUTION NO. 8% 81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES, MS 776.
WHEREAS, Roger and Mildred Dawson have submitted a Grant Deed creating an
covenant for easement to Parcel 1 of MS 776 for drainage purposes over across and
upon a portion of Parcel 2 of MS 776, benefitting Parcel 1, to which the City of
Carlsbad is a party of interest; and
WHEREAS, the City Council of the City of Carlsbad has determined it
in the public interest to accept said Covenant of Easement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Car
to be
lsbad,
ifornia, as follows:
1. That the above recitations are true and correct.
2. That the Covenant of Easement from Roger and Mildred Dawson,
Ca .l
dated February 14, 1989, conveying an easement for drainage purposes over Parcel
2 of MS 776 to Parcel 1 of MS 776 which is on file with the City Clerk and is
incorporated herein by reference, is accepted.
3. That the City Clerk is authorized to cause the Covenant of Easement
to be recorded in the Office of the County Recorder of San Diego County, State
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of California, with the appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 21st day of March , 1988 by the following vote, to
wit:
AYES: Council Members Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Lewis
ATTEST: ANN J. KULCHIN, Mayor Pro-Tern
ALETHA L.
(SEAL)