HomeMy WebLinkAbout1989-05-23; City Council; 10035; Covenant For Easement Carlsbad Oaks East, Cl?- OF CARLSBAD - AGENC- BILL
MTG. ~-3~89 ACCEPTANCE OF A COVENANT FOR
DEPT.- EASEMENT FOR DRAINAGE PURPOSES,
LOT 24 AND 25 CARLSBAD OAKS EAST, MS 782 I RECOMMENDED ACTION:
Adopt Resolution No. 89- %6
drainage purposes.
accepting a Covenant for Easement for
ITEM EXPLANATION:
As a condition of approval of Minor Subdivision 782 the owner is required to
enter into a covenant of easement for drainage purposes over Lot 24 of MS 782,
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 from Carlsbad Oaks East, Ltd. dated March 20, 1989.
3. Resolution No. e-/S& accepting a Covenant for Easement for drainage purposes.
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PROJECT SITE
VICINITY MAP
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?ROdECT “AMELOTS 2 4 &~ 25 f=EtN.NO. EXMb\T
Cadsbad Oaks East’ - 9E 7 29.88.4 1
. . 2. This covenant for egserinent is required by a condition of
. i RECORDING REQUESTED BY :’
City of Carlsbad
WHEN RECORDED MAIL TO: .
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
COVENANT FOR EASEilkNT
(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 QliILs CAST. T.Tl3- _ a ral i f-i ZI .I .I, T.im&d DTrtnership
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.
approval for a Froposed Yinor Subdivision number
782 issued by the City of Carlsbad located on real .,I
property described in paragraphs 2 and 3 hereof.
3. The property burdened by this covenant for easement is
described as follows:
.Parcel 4 of oroposed Minor Subdivision No. 782, now existina as
Lot 25 and a portion of Lot 24 of Carlsbad Tract P:o. 74-21, Maq
No . 10372’, in the City of Carlsbad, County of San Dieqo, State of
-J-forma, tiled in the Otfice of the County Recorder of said County.
4. The property benefitted by this covenant for easement iS
,A
, I
. -‘described as folltiws:
,,-. -
* . . / Parcel 2 of Dron0se.d Minor Suhc3lvl slnn hzo 7~~3, now ex&tinq as
a portion of Lot 26 of Carlsbad Tract No. 74-21, .Yan No. 10372, in
the City of Carlsbad,, Covnty of San Diego, State of California, filed
In the Office of the County Recorder of said County.
5. This covenant for easement provides for
Drainage Easement
over, across and upon the burdened property for the benefit of
the property benefitted and shall be enforceable by the City and
the owner of the property b’enefitted and any successors in
interest to the prqperty 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: March 20. 1989
,* I.. General Partner
.
CAT. NO. NN00636 -
TO 1954 CA (9-84)
(Corporation as a Partner of a Partnership)
STATE OF CALIFORNIA g TICOR TITLE INSURANCE
COUNTYOF San Dieso
On March 20, 1989 before me, the undersigned, a Notary Public in and for
said State, personally appeared Paul K. Tchang
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 ~6h,Rpe~~~X~r~~~~~~he~~~inStrument as the - - - Secretary of
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.
Signature y A&a u’ (This area for official notarial seal)
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
'This is to certify that the Covenant for Easement, dated
March 20, 1989 , from Carlsbad Oaks East, Ltd.
to the City of
Carlsbad, California, a Municipal Corporation, is hereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-156 , adopted on May 23, 1989 ,
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: May 24, 1989
BY:
KAREN R. KUNDTZ, Deputy City Cierk
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2%
dra
Lot
WHEREAS, Carlsbad Oaks East, Ltd. created a covenant for easement for
inage purposes over, across and upon a portion of Lot 24 of MS 782 benefitting
25 of MS 782, to which the City of Carlsbad is a party 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 Carlsbad Oaks East, Ltd., dated
March 20, 1989, conveying an easement for drainage purposes over Lot 24 of MS 782
to Lot 25 of MS 782 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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RESOLUTION NO. 89-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES, MS 782.
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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 23rd day of May , 1989 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
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ABSENT:
None
ATTEST: