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
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PALOMAR @PORT /-y
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‘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.
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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:
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