HomeMy WebLinkAbout1989-05-16; City Council; 10025; Covenant For EasementCl7 OF CARLSBAD - AGENP BILL
ACCEPTANCE OF A COVENANT FOR
MI-G. q-lfr89 EASEMENT FOR DRAINAGE PURPOSES, MINOR SUBDIVISION 765
RECOMMENDED ACTION:
Adopt Resolution No. %"r- lqg accepting a Covenant for Easement for
drainage purposes.
ITEM EXPLANATION:
As a condition of approval of Minor Subdivision 765 the owner is required to enter into a covenant of easement for drainage purposes over Parcel 2 of MS 765, located at Maria Lane. 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
Location Map.
Covenant for Easement from Clarence and Isabel Day and Edward and Angela Prentice dated March 22, 1989.
Resolution No. g?-/cf~!? accepting a Covenant for Easement for drainage purposes.
~LOCATION ,MAP
EXHlBll T- I
‘ROJECT NAME PROJECT 4‘
COVENANT FOR EASE@lE,NT Mi 765
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RECORDING REDUESTED BY: City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad 1200 Elm Avenue
Carlsbad, California 92008
COVENANT FOR EASEMENT LOo4, (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. Clarence F.' Day, ,Isabel.M,.~Day, Edward M~,Prentice,Angela 3. Prenti
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 765 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 Southerlv 72.42’ of Parcel 3 of Parcel Map No. 14467 in the City of
Carlsbad filed Sept. 17, 1986 as File No. 86-410544 or also indicated as
Parcel 2 of Proposed Minor Subdivision 765 specifically being a 5’ strip of land .- located adjacent to the southwesterly line of the main lot and adjacent to the south-’
4. The property benefitted by this covenant for easement is described ayeeasterly fine of the panhandle.
follows:
The Northerly 72.42’ of Parcel 3 of Parcel Map No. 14467 in the City of
Carlsbad filed Sept. 17, 1986 as File No. 86-410544 or also indicated as Parcel
1 of Proposed Minor Subdivision 765.
- , .
5. This covenant for easement provides for drabaae
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.
GENERAL ACKNOWLEDGMENT NO. 201
state 0, (I3xitiw\F\
County off3G-m Ql2iwcR
the undersigned Notary Public~personafly appeared
U personally known to me
% proved to me on the basis of
to be the person(s) whose name(s)
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RESOLUTION NO. 89-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAO,
CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT FOR
DRAINAGE PURPOSES, MS 765.
4 WHEREAS, Clarence and Isabel Day and Edward and Angela Prentice created a
5 covenant for easement for drainage purposes over, across and upon a portion of
6 Parcel 2 of MS 765, benefitting Parcel 1, to which the City of Carlsbad is a
7 party of 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 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
11 California, as follows:
12 1. That the above recitations are true and correct.
13 2. That the Covenant of Easement from Clarence and Isabel Day and Edward
14 and Angela Prentice, dated March 22, 1989, conveying an easement for drainage
15 purposes over Parcel 2 of MS 765 to Parcel 1 which is on file with the City Clerk
16 and is incorporated herein by reference, is accepted.
17 3. That the City Clerk is authorized to cause the Covenant of Easement
18 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
Council held on the 16th day of May , 1988 by the following vote, t
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
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