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.
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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.
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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.
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. LOCATION I’vIAP
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. PALOMAR
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‘ROJECT NAME ’ PROJECT # EXW3I-l
MINOR SU5DIVISION 770 PRJ2.25 I
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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.
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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.
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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)
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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;
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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
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incorporated herein by reference, is accepted.
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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