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Home My WebLink About1989-11-07; City Council; 10363; Covenant For Easement Medina PropertyClT=OF CARLSBAD - AGEND’WLL ACCEPTANCE OF A COVENANT FOR RECOMMENDED ACTION: Adopt Resolution No. 69 - r-103 accepting a Covenant for Easement for private drainage purposes. I I-l-FM FXPLANATION: As a condition of approval of Minor Subdivision No. 766, Constantino Medina Jr., the owner, is required to enter into a covenant of easement for the purpose of private drainage located at Cynthia Lane and Knowles Avenue. The Covenant of Easement is being created in accordance with the provisions of Chapter 20.64.140 Carlsbad Municipal Code. I 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 Constantino Medina, Jr. dated June 18, 1989. 3. Resolution No. %l- q a 3 accepting a Covenant for Easement for private drainage purposes. ROJECT NAME: ~~~~A,!Yw~ FQR DRAhU4G~E PROJ. ‘EXHIBI1 N 0. M/No/7 s~G”/Ws~cw 744, A&v/~~ PA3.im jeO.CATION MAP RECORDING REQUESTED BY: ) City of Carlsbad ; WHEN RECORDED MAIL TO: ) City Clerk 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) 1. Constantino Medina Jr., 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 766 issued by the City of Carlsbad located on real property described in paragraphs 3 and 4 hereof. 7 _ The property burdened by this covenant for easement is described as follows: “See Exhibit “A” attached hereto and made a part hereof. Exhibit “B” is provided for clarity only. 4. The property benefited by this covenant for easement is described as follows: “See Exhibit “A” attached hereto and made a part hereof. Exhibit “B” is provided for clarity only. 5. This covenant for easement provides for Private Drainage of the Minor Subdivision 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 benefited 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: 6- ‘P’- Py .4CiZ77,UAJLO-G&g Constantino Medina Jr. STATE OF CALIFORNIA COUNTY OF ShN rJIJg!J . On T*.l.r 7q ,cmQ , before me. the undkigned. a Notary Public in and for said State, personally appeared CONSTANTINO MEDINA. JR.------- ‘~. ~ -proved to me on the basis of satisfactory evidence) to be the personae) whose n’amefs) islawsubscribed to the within instrument and acknowledged to me that helsksftheyexecuted the same. WITNESS my hand and official seal. ii(inatur; !:’ /&&& Jf *. I9 SF.4234 (REV. A. 7,&!~~X”,~~~LI.c (This area for official notarial seal) EXHIBIT A -, COVENANT FOEi DI;A&iAhE EASEWENT MINOR SUBDIVISION 766, PR 3.2.28, MEDINA PROPERTY BURDENED BY TRE COVENANT FOR EASEMENT The West 5.00 feet of the East 62.50 feet of that portion of the Northwest quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, State of California, in the County of San Diego, according to United States Government Survey approved October 25, 1875, described as follows: CommenciBg at the Northwesterly corner of said Section 6; thence South 89 59’ East 2309.75 feet along the Northerly line of said Section 6; thence South 0'55' East 333.79 feet to the true point of beginning; thence North 89'51'35" East 121 01 feet; thence South O”55’ East 333.45 feet; thence South 89b42115" West 121.01 feet; thence North 0'55' West 333.78 feet to the true point of beginning. Excepting the South 30.00 feet. Also excepting Cynthia Lane as described in deed to the City of Carlsbad recorded October 10, 1986, as File No. 86-458273 PROPERTY BENEFITED BY THE COVEI'?ANT FOR EASEMEXT All that portion of the Northwest quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25. 1875. described as follows: Commencing at the Northwesterly corner of said Section 6; thence South 89O59' East 2309.75 feet along the Northerly line of said Section 61 thence South 0’55’ East 333.79 feet to the true point of beginning; thence North 89'51'35" East 121.01 feet; thence South 0'55' East 333.45 feet; thence South 89°42115" West 121.01 feet; thence North O”55’ West 333.78 feet to the true point of beginning. Description prepared by: ET,iIa c-Jo-?2 P,,i7f&&n7mef7ce~~ i /“?” 17. .# ,‘r- .5) ,4.,‘&!+‘,/~ ,‘X. ‘-3 &!L b/g, 524/e: /r go * ::, fu mj uf-c2&24 : '. ), : ,,'. . Rec. ocf /q /9.96 A;/e A%. 8(;- 5%WZ73 . . _,.,: I ,,+ s’ r&u/n? s 6-30-g 2 I-- M5 1 755 f-32 /s/z II t CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated June 18, 1989 , from Constantine Medina, Jr. xxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXXXXXXXXXX~ to the city of Car&bad, California, a Municipal Corporation, is hereby accepted by the City Cokcil of the City of Carlsbad, California, pursuant to Resolution No. 89-403 , adopted on November 14, 1989 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 15, 1989 BY: &&.&bp ,(4&e- ALETRA L. RAUTENKRANZ, City Cl& 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ” 28 RESOLUTION NO. 89-403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT. CONSTANTINO MEDINA JR., MS 766, PR 3.2.28 WHEREAS, Constantino Medina, Jr. has created a covenant for easement for private drainage purposes over across and upon a portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, benefitting a portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, to which the City of Carlsbad is a part 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 Constantino Medina, Jr., dated June 18, 1989, conveying an easement for private drainage purposes over the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian to a portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian 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 of California, with the appropriate Certificate of Acceptance attached. , : I I , 3 1: 1; 1: 11 I! l( 1’ 1E 1s 2c 21 22 2: 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit Y Council held on the 14th day of November 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: NOIX ABSENT: NOW? A-I-I-EST: ALETHA L. RAUTENKRANZ, City &lerk w.m