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HomeMy WebLinkAbout1989-05-16; City Council; 10020; Covenant For Easement Loker AvenueCI’&y OF CARLSBAD - AGENP BILL ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES MINOR SUBDIVISON 770 RECOMMENDED ACTION: Adopt Resolution No. 89- IY.3 accepting a Covenant for Easement for drainage purposes. I ITEM EXPLANATION: As a condition of approval of Minor Subdivision 770 the owner is required to enter into a covenant of easement for the purpose of providng drainage over Parcel A of MS 770 located at Loker Avenue. The Covenant of Easement is being created in accordance with the provisions of Chapter 20.64.140 Carlsbad Municipal Code. I 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 Carlsbad Oaks East, Ltd. dated Novemeber 7, 1988. 3. Resolution No.$??~~~J accepting a Covenant for Easement for draiange purposes. - . LOCATION I’vIAP 25 . PALOMAR ------. ------- ‘ROJECT NAME ’ PROJECT # EXW3I-l MINOR SU5DIVISION 770 PRJ2.25 I ? ,- t- ,” /- c 11 I’ i - N?~ ij 1988 RECORDING REQUESTED BY: City of Carlsbad 1 WHEN RECORDED MAIL TO: 1 City of Carlsbad 1200 Elm Avenue i Carlsbad, California 92008 ) COVENANT FOR EASEMENT w (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. CARLSBAD OAKS EAST, LTD., a California Limited Partnership, 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 proposed Minor Subdivision number 77O 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: Parcel A of proposed Minor Subdivision No. 770, now existing as a portion of Lot 36 of Carlsbad Tract No. 74-21, Map No. 10372, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the Count 4. The property benefitte cl Recorder of said County. by this covenant for easement is described as follows: Parcel B of proposed Minor Subdivision No. 770, now existing as Lot 35 and a portion of Lot 36 of Carlsbad Tract No. 74-21, Map No. 10372, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said County. * ,.* * -, .q . . 1 5. This covenant for easement provides for Drainase 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 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. S EAST, LTD. imited Partnership Dated: November 7, 1988 TECH CONSTRUCTTON CORPORAIXQJI General Partner CAT. NO. NN00636 TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA @j TICOR TITLE INSURANCE COUNTY OF San Diego ss. I Oil November 7, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared Paul K. Tchanq personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and - - - personally known to me or proved to me on the basis of satisfactory evidence to be t kl e person who execyfed the within instrument as the Tee Construction Corp. Secretary of the corporation that executed the within instrument on behalf of Carlsbad Oaks East, Ltd. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Y , Signature (This area for official notarial seal) ,. RESOLUTION NO. go-if,? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES OVER PARCEL A OF MS 770. 4 WHEREAS, Carlsbad Oaks East, Ltd. has created a covenant for easement for 5 drainage purposes over across and upon a portion of Parcel A of MS 770, 6 benefitting Parcel B of MS 770, to which the City of Carlsbad is a part of 7 interest; and 8 WHEREAS, the City Council of the City of Carlsbad has determined it to be 9 in the public interest to accept said Covenant of Easement; 10 11 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 12 1. That the above recitations are true and correct. 13 2. That the Covenant of Easement from Carlsbad Oaks East, Ltd., dated 14 November 7, 1988, conveying an easement for drainage purposes over Parcel A of 15 MS 770 to Parcel B of MS 770 which is on file with the City Clerk and is 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporated herein by reference, is accepted. //I //I /I/ /// /// /I/ I// /// /I/ /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 16th day of May , 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: wm AL) KAREN R. KUNDTi!, Deputy City Clerk