HomeMy WebLinkAbout1989-08-08; City Council; 10184; Covenant For EasementACCEPTANCE OF A COVENANT FOR
MTG. 8-8-m EASEMENT FOR DRAINAGE PURPOSES,
PR 3.2.31
RECOMMENDED ACTION:
Adopt Resolution No. 8?-J@‘f accepting a Covenant for Easement for drainage
ITEM EXPLANATION:
In order to fulfil1 Condition of Approval No. 2 of Minor Subdivision 756 the owners, Kenneth
Sprinkle and Patricia Barna have created a covenant of easement for drainage purposes
on Lot IO of Map 1744, located at Oak Street. 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.
Covenant for Easement from Kenneth Sprinkle and Patricia Barna dated June 26,
Resolution No.%?-%‘/ accepting a Covenant for Easement for drainage purposes.
LOCATION MAP
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‘ROJECT NAME PROJECT =+I= EXHIBIl
PRIVATE DRAINAGE EASEMENT MS 756 A
RECORDING REQUESTED BY: City of Carlsbad
WHEN RECORDED MAIL TO: ;
City of Carlsbad 1 1200 Elm Avenue Carlsbad, CA 92008
COVENANT FOR EASW (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.4.140)
1. Kenneth U. Sprinkle and Patricia D. Barna 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 756 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 most southwesterly 5.00 feet of the northwesterl feet excepting the most northwesterly 40.00 feet of Map 1744 recorded January 3, 1923 also shown as of Parcel 1 of proposed Minor Subdivision 756.
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is 4. The property benefitted by this covenant for described as follows:
The southeasterly 93.30 feet of the Lot 10 of Map 1744 recorded Januar
%%r%ed as Parcel 2 of proposed Minor Subdivision Y$+@$&,r
5. This covenant for easement provides
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 inure to the benefit of all successors to
the real property.
Dated: k-J-g7
personally known to me
SAN DtEGOCOUNN
Notary’s Signature
THIS CERTIFKXTE
MUST BE AnACHED
Title or Type of Document
Signer(s) Other Than Named Above
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
June 28, 1989 , from Kenneth U. Sprinkle
and Patricia D. Barna 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. 89-284 , adopted on August 8, 1989
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED : August 9, 1989
BY:
ALETHA L. RAUTENltRANZ, City Clerk\
RESOLUTION NO. 89-384
A RESOLUTION OF THE CITY COUNCIL OF THE Cl-f-Y OF
CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR
EASEMENT FOR DRAINAGE PURPOSES, MS 756.
WHEREAS, Kenneth Sprinkle and Patricia Barna created a covenant for easement for
5 drainage purposes over, across and upon a portion of Lot 10 of Map 1744, to which the City
6 of Carlsbad is a party of interest; and
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WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
9 interest to accept said Covenant of Easement;
10 NOW THEREFORE, BE IT RESOLVED by the City Council of the Cii of Carlsbad,
11 California, as follows:
12 1. That the above recitations are true and correct.
13 2. That the Covenant of Easement from Kenneth Sprinkle and Patricia Barna, dated
14 June 28, 1989, conveying an easement for drainage purposes over Parcel 1 of MS 756 to Parcel
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2 of MS 756 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
19 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
held on the 8th day of August , 1989 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin and Mamaux
NOES: None
ABSENT: Council Membe
ATTEST:
ALETHA L. RAUTENKRANZ, City Cr$rk
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