HomeMy WebLinkAbout1989-11-07; City Council; 10343; Covenant For Easement Schmitt ResidenceClT=OF CARLSBAD - AGENDP-BILL - v C3, 20
U3#* TITLE:
HTG. 1 l-7-89 ACCEPTANCE OF A COVENANT FOR
EASEMENT FOR SEWER LINE PURPOSES IEPT. ENG SCHMITT RESIDENCE, MS 794
RECOMMENDED ACTION:
Adopt Resolution No. 84 -370 accepting a Covenant for Easement for sewer line
purposes.
ITEM EXPLANATION:
As a condition of approval for Minor Subdivision 794 (the Schmitt Residence) the
owner is required to enter into a Covenant for Easement for sewer line purposes
located at 2945 Highland Drive. The Covenant for Easement is being created in
accordance with the provisions of Chapter 20.04.140 Carlsbad Municipal Code.
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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.
FXHIBITS:
1. Location Map.
2. Covenant for Easement from Paul J. Schmitt, Janette L. Schmitt and Maria J.
Schmitt Hunicutt dated September 14, 1989.
3. Resolution No. & -3$Q- accepting a Covenant for Easement for sewer line
purposes.
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,:- LWATION MAP ’
‘ROJECT NAME
SCHMITT RESIDEN * a E I ‘MS 794
. .
1 PROJECT # 1 EXHIBIT I A
RECORDING REQUESTED BY:
City of Carlsbad
) WHEN RECORDED MAIL TO:
i City of Carlsbad
1200 Elm Avenue 1 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)
Paul J. Schmitt, Janette L. Schmitt, & Maria J. Schmitt Hunnicutt
hereinafter referred to as Owner creates a covenant for easement for the purpose
stated hereon; over, across and upon the real property described in Exhibit "A"
for the benefit of the property referred to in Exhibit "B". 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. '
This covenant for easement is required by a condition of approval for a
Minor Subdivsion Number 794 issued by the City of Carlsbad for development
located on real property described in Exhibits "A" and "B". -
The property burdened by this covenant for easement is described as
follows:
See Exhibit "A" attached hereto and made a part hereof. Exhibit "C"
is provided for clarity only.
The property benefited by this covenant for easement is described as
follows:
See Exhibit "B" attached hereto and made a part hereof. Exhibit "C"
is provided for clarity only.
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This covenant for easement provides for 10 Feet Wide private
Sewer Easement along the Entire Westerly Boundary of
Proposed Parcel 1.
over, across and upon the burdened property for the benefit of the property
benefited and shall be enforceable by the City, by the Owner of the property
benefited and by the successors in interest to the property benefited by this
covenant.
This covenant for easement shall run with the land, and the burdens of the
covenant of easement shall be binding upon and the benefit of the covenant of
easement shall inure to the benefit of all successors in interst to the real
property.
Dated: y-w e
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
STATE OF CALIFORNIA
COUNTY OF iem ss. L/
On W.&day of se@-, in the year )484 .
before me. the undersigned. a Notary Public in and for said County and State.
PIi% 3. &&JYJ;-/f
mi#- a&- &-JO
jJ&njJ
ctip. ;LLC+f-r I . .+hmjj+ WsonnllY known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it.
Signature
I FOR NOTARY SEAL OR STAMP
EXHIBIT "A"
PORTION OF PARCEL 2 OF PARCEL MAP NO. 15282, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 30,
1988 AS FILE NO. 88-317307 OF OFFICIAL RECORDS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL NORTH
34' 36' 50" WEST 92.76 FEET; THENCE NORTH 55' 27' 00" EAST 10.00
FEET; THENCE SOUTH 34' 36' 50" EAST 92.75 FEET TO THE
SOUTHEASTERLY LINE OF SAID PARCEL; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 55' 24' 10" WEST TO THE
TRUE POINT OF BEGINNING. ,
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EXHIBIT "B"
PORTION OF PARCEL 2 OF PARCEL MAP NO. 15282, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 30,
1988 AS FILE NO. 88-317307 OF OFFICIAL RECORDS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL SOUTH
34' 36' 50" EAST 86.00 FEET; THENCE SOUTH 55' 27' 00" WEST 121.99
FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL MAP; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE NORTH 34' 36' 50" WEST
86.00 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH
55' 24' 10" EAST TO THE TRUE POINT OF BEGINNING.
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
September 14, 1989 , from Paul J. Schmitt and Janette L. Schm
and Maria J. Schmitt Hunnicutt 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. 89-390 , adopted on November 7, 1989 ,
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: November 8, 1989
i .tt
BY:
ALETHA L. RAUTENKRANZ, City C&r-k
RESOLUTION NO. 89- 390
1
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR
3 EASEMENT FOR SEWER LINE PURPOSES, MS 794.
4
5 WHEREAS, Paul J. Schmitt, Janette L. Schmitt,and Maria J. Schmitt Hunicutt have
6 submitted a Grant Deed creating a covenant for easement to the real property described
7 in Exhibit “B” for sewer line purposes, benefitting the real property described in Exhibit
8 “B”, to which the City 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
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11 public interest to accept said Covenant for Easement;
12 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
13 California, as follows:
14 1. That the above recitations are true and correct.
15 2. That the Covenant for Easement from Paul J. Schmitt, Janette L. Schmitt and
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Maria J. Schmitt Hunicutt, dated September 14, 1989, conveying an easement for sewer
line purposes over the real property described in Exhibit “A” to the real property described
in Exhibit “B” which is on file with the City Clerk and is incorporated herein by reference,
20 is accepted. -
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3. That the City Clerk is authorized to cause the Covenant of Easement to be
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recorded in the Office of the County Recorder of San Diego County, State 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 7th day of November, 1989 by the following vote, to wit:
ALES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
tiETtiA L. RAUTENKRANZ, City ?lerk
(SEAJJ