HomeMy WebLinkAbout1989-06-13; City Council; 10068; Covenant For Easement Cynthia LaneCIT-” OF CARLSBAD - AGENP- BILL 95 YA 0 1
ACCEPTANCE OF A COVENANT FOR I
EASEMENT FOR DRAINAGE PURPOSES,
MINOR SUBDIVISION 768A
RECOMMENDED ACTION:
Adopt Resolution No. @wso
purposes.
accepting a Covenant for Easement for drainage
lTEM EXPlANATlON:
As a condition of approval of Minor Subdivision 768A the owner is required to enter into a
covenant of easement for drainage purposes over Parcel 2 of MS 768A, located at Cynthia
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 impact to the City
and will allow for orderly development of the involved properties.
DU-IIBlTS:
1. Location Map.
2. Covenant for Easement from Cecil and lola Oathout dated March 23, 1989.
3. Resolution No.@‘I IO accepting a Covenant for Easement for drainage purposes.
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RESOLUTION NO. 89-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR
EASEMENT FOR DRAINAGE PURPOSES, MS 765.
WHEREAS, Cecil and lola Oathout created a covenant for easement for drain
purposes over, across and upon a portion of Parcel 2 of MS 768A, benefitting Parcel 1, to wt
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 pu
interest to accept said Covenant of Easement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carl&
California, as follows:
1. That the above recitations are true and correct.
2. That the Covenant of Easement from Cecil and lola Oathout, dated March
1989, conveying an easement for drainage purposes over Parcel 2 of MS 768A to Parcc
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
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 City Council
held on the 20th day of June , 1988 by the following vote, to wit:
AYES. Council Members Lewis, Mamaux & Pettine
NOES: None
ABSENT: Count
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
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. . TELEPHONE (819) 434-2808
June 23, 1989
Vera L Lyle County Recorder PO Box 1750 San Diego, CA 92112
Enclosed for recordation is the following described document:
Covenant for Easement (for drainage purposes)
Cecil M. Oathout & Iola D. Oathout
Required as condition for MS-768A
Our staff has determined that the recordation of this document will be of
benefit to the City. It is therefore requested that the recordation fees be waived.
Thank you for your assistance in this matter.
KATHLEEN D. SHOUP CT-II
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO: 1
City of Carlsbad i 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. Cecil M. Oathout and Iola D. Oathout 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 768A 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 westerly 5' of the southerly 193.36’ of that portion
of the NW l/4 of Section 6, township l/2 south, Range
4 West, San Bernardino Base and Meridian. According to
United States Government Survey approved October 15,
1875 as described in deed recorded June 15, 1973 as
document No. 73-163398 of official records also
indicated as a portion of Parcel 2 of proposed Minor
Subdivision 768A.
4. The property benefitted by this covenant for easement is described
as follows:
The portion of the NW l/4 of Section 6, township 12
south, Range 4 West, San Bernardino Base and Meridian
according to United States Government Survey approved
October 25, 1875 as described on deed recorded June 15,
1973 as document No. 73-163398 of official records also
indicated as parcel 1 of proposed Minor Subdivision
768A.
5. This covenant for easement provides for 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 shal
unure to the benefit
1 be binding upon and the benefit of the easement shall
of all successors to the real property.
Dated: .3= -2 d- .ry
GENERAL ACKNOWLEDGMENT
NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. . P.O. BOX 4625 . Woodland HIIIS CA 91503-40~3
May 1932, t State of CALIFORNIA On this the - 2wiay of
SAN DIEGO > ss.
County of GISELA HAUSER ---------__--____
the undersigned Notary Public, personally appeared
Cecil M. Oathout and Iola D. Oathout
**+***t****************************~ t OFFICIAL SEAL + * i z GISZA !-!:T.‘_: ?E!?
t N(-JT/ “‘.’ PL’CL~~~-.:~,:‘_‘F~RN~~ f T NO-MKY E\z:<~z FILES IN
2 SAN DIEGO COUNTY
s My Commission Expires July 14. 1989 ~*+***C+9C++*L********$*************
W personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS my ha and official eal.
&!22 c+iLc92
Notary’s Q&nature
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
May 26, 1989 , from Cecil M. & Iola D. Oathout
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. 89-180 , adopted on tune ,
and the grantee consents to the recordation thereof by its duly
authorised officer.
DATED: June 21, 1989
BY: / ALETHA L. RAUTENKRANZ, City Clerk