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HomeMy WebLinkAbout1989-05-16; City Council; 10021; Covenant For Easement Loker AvenueClv OF CARLSBAD - AGENP BILL RECOMMENDED ACTION: Adopt Resolution No. cw+-4~ accepting 2 Covenants for Easement for reciprocal access and drainage purposes. ITEM EXPLANATION: As a condition of approval of Minor Subdivision 769, the owner is required to enter into covenants of easement for the purposes of reciprocal access and drainage located at Loker Avenue. 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 for reciprocal access from Carlsbad Oaks East, Ltd. dated November 7, 1988. 3. Covenant for Easement for drainage from Carlsbad Oaks East, Ltd. dated November 7, 1988 4. Resolution No. @"r- lYL\ accepting 2 Covenants for Easement for reciprocal assess and drainage purposes. . &CATION MAP 25 d ._ --. ._ ___.-- -- PALOMAR @PORT /-y -------- /----/-- ‘ROJECT NAME WNOR SUBDIVISION 769 P/q 3.2.24 I I RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: 1 " City of Carlsbad 1200 Elm Avenue 1 . Carlsbad, California 92008 ) COVENANT FOR EASEMENT fl (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 Califorma wfi ParaPrship 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 Xinor Subdivision number 769 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: Parcels A, B, and C of proposed Minor Subdivision No. 769. now existinq as portions of Lot 37 of Carls,bad Tract No. 74-21. Map No. 10372, in the City of Carlsbad, County of San Dieqo, State of California, filed in the Office of the County Recorder of said County. 4. The property benefitted by this covenant for easement is described as follows: Parcels A, B, and C of proposed Minor Subdivision No. 769, now existing as portions of Lot 37 of Carlsbad Tract No. 74-21. Map No. 10372, in the City of Carlsbad, County of San Dieqo, State of California, filed in the Office of the County Recorder of said County. 5. This covenant for easement provides for ReciProcal Access over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and th,e 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. ited Partnership Dated: November 7, 1988 ON CORPORATION General Partner .- CAT. NO. NN00636 TO 1964 CA (9-64) ’ I (Corporation as a Partner of a Partnership) g TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF San Dieqo . . . ss. t On November 7, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared Paul K. Tchang ii 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 --- 2 personally known to me or proved to me on the basis of satisfactory evidence --- Secretary of 2 to b~~~fferso,n,w,2op~~~~he~~~~ fnstrument as the m 1 the corporation that executed the within instrument on behalfof Carlsbad Oaks East, Ltd. the partnership that executed ELIZABETH J. BOULERICE , the within instrument, and acknowledged to me that such corporation executed the same as such partner and that PRINCIPAL OFFICE IN such partnership executed the same. SAN DIEGO COUNTY WITNESS my hand and official seal. /‘ Signature (This area for official notarid sed) NOV 4 198111 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 1 "I'. 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. 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 769 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: Parcels B and C of proposed Minor Subdivision No. 769, now existing as portions of Lot 37 of Carlsbad Tract No. 74-21, Map No. 10372, in the City of Carlsbad, County of San Diego, State of California, filgd in the Office of-the County Recorder of said County. . The property benefitted by this covenant for easement 1s described as follows: Parcels A and B of proposed Minor Subdivision No. 769, now..existing as poritons of Lot 37 of Carlsbad Tract No. 7.4-21, 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. 5. This covenant for easement provides for Drainaqe 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 ,. I.. 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. * EAST, LTD., ited Partnership Dated: November 7, 1988 General Partner CAT. NO. NN00636 TO 1954 CA (9-84) ; (Corporation as a Partner of a Partnership) g TICOR TITLE INSURANCE STATE OFCALIFORNIA COUNTYOF San Dieqo > ss. On November 7, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the bas the within instrument as the President, and - - 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 tructinn Corp. --- Secretary of the corporation that executed the within instrument on behalfof 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. d Signature r e (This area for official notarial seal) RESOLUTION NO. 89-144 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, ACCEPTING 2 COVENANTS FOR EASEMENT FOR RECIPROCAL ACCESS AND DRAINAGE PURPOSES OVER PARCEL A OF 4 MS 769. 5 WHEREAS, Carlsbad Oaks East, Ltd. has created a covenant for easement for 6 reciprocal access between Parcels A, B and C of MS 769 and for drainage purposes 7 over across and upon a portion of Parcel B and C of MS 769, benefitting Parcel 8 A and B of MS 769, to which the City of Carlsbad is a part of interest; and 9 WHEREAS, the City Council of the City of Carlsbad has determined it to be 10 in the public interest to accept said Covenant of Easement; 11 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 12 California, as follows: 13 1. That the above recitations are true and correct. 14 2. That the Covenant for Easement from Carlsbad Oaks East, Ltd., dated 15 November 7, 1988, conveying a reciprocal access easement between Parcels A, B 16 and C of MS 769 which is on file with the City Clerk's and is incorporated herein 17 by reference is accepted. 18 3. That the Covenant for Easement from Carlsbad Oaks East, Ltd., dated 19 November 7, 1988, conveying an easement for drainage purposes over Parcels B and 20 C of MS 769 to Parcels A and B of MS 769 which is on file with the City Clerk and 21 is incorporated herein by reference, is accepted. 22 //I 23 /// 24 //I 25 /I/ 26 /I/ 27 /I/ 28 /// , 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 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 1 of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl sbad 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 1 NOES: None ABSENT: None ~ ATTEST: I .