HomeMy WebLinkAbout1989-05-16; City Council; 10024; Covenant For Easement For Sewer & DrainageCl’= OF CARLSBAD - AGENr BILL
ACCEPTANCE OF A COVENANT FOR
EASEMENT FOR SEWER AND DRAINAGE PURPOSES
MS 763 DEPT.-
RECOMMENDED ACTION:
Adopt Resolution No
sewer and drainage pu:?s&!"
accepting a Covenant for Easement for
ITEM EXPLANATION:
As a condition of approval of Minor Subdivision 763, the owner is required to
enter into a covenant of easement for sewer and drainage purposes over Parcel
2 and 3 of MS 763 at Park 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 Richard V.J. and Sharon White dated April 5, 1989.
3. Resolution No.29-IY3 accepting a Covenant for Easement for sewer and
drainage purposes.
OJECT NAME
/INOR SUBDIVISION 763
PARK -- DRIVE - - ---
L~~CATION M,:P
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RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
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. Richard V.J. White and Sharon Lee White 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 763 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:
The northerly 10' of the westerly 194.35’ of that por-
tion Lots 'G' of Bella Vista in the City of Carlsbad,
County of San Diego according to Map No. 2152 filed
March 7,,1929 as described in a deed filed February 21, 1974 as F/P 74-042738 of O.R., and identified as a
Parcels 2 and 3 of proposed Minor Subdivision 763.
4. The property benefitted by this covenant for easement is described
as follows:
Parcels 1 and 2 of proposed Minor Subdivision 763, being
a portion of that portion of Lot 'G' of Bella Vista in
the City of Carlsbad County of San Diego, according to
Map No. 2152 filed March 7, 1989 as described in deed
filed February 21, 1974 as F/P 74-042 738 O.R.
5. This covenant for easement provides for sewer and 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: q
.I (This are* for official not&al seal)
CAT. NO. NN00527 0 1944 cn IL-841
\
( ndividual) g TICOR TITLE INSURANCE
STATE OF CALI
COUNTY OF
t Public in and for
; x
: , personally known IO me br
; proved to mc on the basis of satisfactory evidence to be
ii the person/wuhose “am
wirhin insmument and acknowledged that
cured the same.
WITNESS my hand and official seal.
\ Signature /&. eL&2&
(This arca for official notarial seal)
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RESOLUTION NO. 89-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT FOR SEWER
AND DRAINAGE PURPOSES. MS 763
WHEREAS, Richard V.J. and Sharon White have created a covenant for easement
for sewer and drainage purposes over across and upon a portion of Parcel 2 and
3 of MS 763, benefitting Parcel 1 and 2 of MS 763, to which the City of Carlsbad
is a part of interest; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be
in the public interest to accept said Covenant of Easement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Covenant of Easement from Richard V.J. and Sharon L. White,
dated April 5, 1989, conveying an easement for sewer and drainage purposes over
Parcel 2 and 3 of MS 763 to Parcels 1 and 2 of MS 763 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. 1
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cii 3
Council held on the 16th day of May , 1988 by the following vote, 1 4
wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
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NOES: None
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ABSENT: NOI-FS
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