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HomeMy WebLinkAbout1989-12-19; City Council; 10418; ACCEPTANCE OF THE COVENANTS FOR EASEMENT FOR JOINT USE OF DRIVEWAY AND OUTDOOR LUNCH AREA PURPOSES - CARLTAS AUTO CENTER (SDP 88-03|PR 2.3.26|PR 2.3.35|PR 2.3.34|PR 2.3.3I I f n 8 2 8 .. z z! 6 a 6 z ;> 0 0 WILL bl I r WWIL~DHU - nuCNv TITLE: AB# /< +/r MTG. 12-1 9-89 ACCEPTANCE OF THE COVENANTS FOR EASEMENT DEPT C,TY, FOR JOINT USE OF DRIVEWAY AND OUTDOOR LUNCH AREA PURPOSES CARLTAS AUTO CENTER SDP 88-03, DEPT.ENC,. PR 2.3.26, PR 2.3.35, PR 2.3.34, PR 2.3.36 CITY RECOMMENDED ACTION: Adopt Resolution No. Fy- 437 accepting the Covenants for Easen the joint uses of driveway and outdoor lunch area purposes. ITEM EXPLANATION: As a condition of approval of Site Development Plan No. 88-03 the owner, Company, is required to enter into four covenants of easement for the puq allowing the joint uses of driveway and outdoor lunch areas common to Lots of Carlsbad Tract 87-03 located at Auto Center Court. The Covenants of Easen being created in accordance with the provisions of Chapter 20.64.140 C Municipal Code. FISCAL IMPACT: Requiring creation of the Covenants for Easement will not cause any fiscal in the City and will allow for orderly development of the involved properties. EXHIBITS: 1. Location Map. 2. Covenant of Easement for joint use of driveway purposes on Lot 2 from Company dated October 31, 1989 (PR 2.3.26). Covenant of Easement for joint use of driveway purposes on Lot 1 from Company dated October 31, 1989 (PR 2.3.35). Covenant of Easement for outdoor lunch area purposes on Lot 2 from Company dated October 31, 1989 (PR 2.3.34). Covenant of Easement for outdoor lunch area purposes on Lot 1 from Company dated October 31, 1989 (PR 2.3.36). 3. 4. 5. 6. Resolution No. fy- #3 4 accepting the Covenants for Easement joint use of driveway and outdoor lunch area purposes. I 7 - E AIRPORT RD \/IClfd)T'f MAP r e e .- r. f' RECORDING REQUESTED BY: ) City of Carlsbad 1 1 City of Carlsbad ) 1200 Elm Avenue 1 Carlsbad, California 92008 1 WHEN RECORDED MAIL TO; 1 PR 2.3.26 COVENANT FOR EASEMENT N) (Government Code Art i cl e 2.7 commenci ng with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) 1. Carl tas Company, a California Limited Partnership hereinaft referred to as Owner creates a covenant for easement for the purpose sta' hereon; over, across and upon the real property described in paragraph 3 her1 for the benefit of the property referred to in paragraph 4 hereof. This covenl for easement may be released only according to the procedures established by if it is determined by the City that the covenant is no longer needed to achil the land use goals of the City. 2. This covenant for easement is required by a condition of appro for a Site Development Plan Number 88-03 issued by the City of Carlsbad development located on real property described in paragraphs 3 and 4 hereof The property burdened by this covenant for easement is described 3. fol 1 ows : Lot 2 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of Diego, State of California, according to map thereof, No. 12242, filed the office of the County Recorder of San Diego County, October 28, 19 4. The property benefited by this covenant for easement is descri as follows: Lot 1 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12242, filed in the office of the County Recorder of San Diego County, October 28, 1988. JOYCE E. MIZOCK Notary Publlc-Californla Signature pcc/tee 6dhALACk) SAN DIEGO COUNTY ,' 4 1 1 7 e EXHIBIT A COVENANT OF EASEMENT PR 2.3.26 THOSE PORTIONS OF LOTS 1 AND 2 OF CARLSBAD TRACT 87-3 IN THE ( OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORI TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COI RECORDER OF SAN DIEGO, CALIFORNIA, OCTOBER 28, 1988 DESCRIBE1 FOLLOWS: PARCEL 1 (ACCESS EASEMENT) BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE AI TIIE :;OUTHERLY LINE THEREOF BEING ALSO THE NORTHERLY LINE OF i CENTER COURT, SOUTH 52°28'40'' EAST 15.65 FEET TO A LINE PARA1 WITH AND 15.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT THENCE NORTH 21' 00'00" EAST ALONG SAID PARALLEL LINE 37.95 FE THENCE NORTH 69"OO'OO'' WEST 15-00 FEET TO A POINT ON THE WESTE LINE OF SAID LOT 2; THENCE SOUTH 2l0 00'00'' WEST 33.50 FEET AI SAID WESTERLY LINE OF SAID LOT 2 TO THE POINT OF BEGINNING. AREA OF DEDICATION: 535.88 SQUARE FEET /di&.i DATE u 5q& CHARLES S. KAHR KCE 23907 REGISTRATION EXPIRES 12/31/89 WS/LOT7 & 3 COV L/\I I IU1 I 1 14 I VAlA 1AVLg @W20WE lW5' @ rJ21800100"s 37.w .iW-'''? NO, 1Z-42 ACCESS WMEUf ENCINITA CHARLES C RCE 239 PLAT TO ILLUSTRATE COV OF ESM'T PRW NO: SDP 08-3/PR2.3.26 PROJECT NAME: COVENANT OF EASEMENT iN A PORTION OFLOTS /&2,CT07-3, MAP 12242 1 1 e e CERTIFICATION FOP, ACCEPTANCE OF COVENANT FOR EASEMENI' This is to certify that the Covenant for Easement, dated October 31, 1989 , from Carltas Company to the City of ........................................... Carlsbad, California, a Municipal Corporation, is hereby accepted by tile City Council of the City of Carlsbad, California, pursuant Resolution No. 89-439 , adopted on December 19, 1989 and the grantee consents to the recordation thereof by its duly authorized officer , DATED: December 21, 1989 BY: *ykJiij+$i&T EN R. puty Citj 1~3 0 0 RECORDING REQUESTED BY: 1 City of Carl sbad 1 1 WHEN RECORDED MAIL TO: 1 1200 Elm Avenue 1 Carl sbad, Cal i forni a 92008 1 City of Carlsbad ; PR 2.3.35 io& 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. Carl tas Company, a California Limited Partnership hereinafl referred to as Owner creates a covenant for easement for the purpose stal hereon; over, across and upon the real property described in paragraph 3 hert for the benefit of the property referred to paragraph 4 hereof. This coveni for easement may be released only according to the procedures established by - if it is determined by the City that the covenant is no longer needed to achit the land use goals of the City. 2. This covenant for easement is required by a condition of appro! for a Site Development Plan Number 88-03 issued by the City of Carlsbad . development located on real property described in paragraphs 3 and 4 hereof The property burdened by this covenant for easement is described 3. fol 1 ows : Lot 1 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12242, filed in the office of the County Recorder of San Diego County, October 28, 1988. 4. The property benefited by this covenant for easement is descril as follows: Lot 2 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of : Diego, State of California, according to map thereof, No. 12242, filed the office of the County Recorder of San Diego County, October 28, 19: , l e a 5. This covenant for easement provides for joint use of the exis driveway serving Lots 1 and 2 a5 shown on Exhibits A and B attached, over, ac and upon the burdened property for the benefit of the property benefited shall be enforceable by the City, by the Owner of the property benefited an the successors in interest to the property benefited by this covenant, 6. This covenant for easement shall run with the land, and the bur of the covenant of easement shall be binding upon and the benefit of the cove1 of easement shall inure to the benefit of all successors in interest to the I property. D at e d : /$/3)/<7 Carltas Company, a California Lim partnership BY \ C i op er C. Calkins, Managc (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISl SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATE1 TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE : SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION b SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. 1 STATE OF CALIFORNIA } ss. COUNTY OF SAN DIEGO 1 On November 1, 1989 -I before me, the undersigned, a Not Public in and for said State, personally appeared personally known to me (~r =rd ks xc SZ th=2 b=Z~Lis instrument as Manaqer on behalf of Carltas Compai a California Limited Partnership , the partnership therein nai and acknowledged to me that the partnership executed it. i Christopher C, Calkins r ,-,-) AI7 to be the person that executed the wit1 r _I.-----.-. ~ .-~- OFFICIAL SEAL WITNESS my hand and official seal. JOYCE E. MIZOCK SAN DIEGO COUNTY (. Notary Publlc-Caltlornla Signature & -" e4, & 4,- i L 1 rn 0 EXHIBIT A PR 2.3.35 THOSE PORTIONS OF LOTS 1 AND 2 OF CARLSBAD TRACT 87-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINC TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, CALIFORNIA, OCTOBER 28, 1988 DESCRIBED AS FOLLOWS : PARCEL 1 (ACCESS EASEMENT) BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE NORTH 2l0 00'00" EAST 33.50 FEET; THENCE NORTH 69°00t00" WEST 20.00 FEET; THENCE SOUTH 21. 00'00" WEST 31.77 FEET TO A POINT ON THE NORTHERLY LINE OF SAID AUTO CENTER COURT, SAID POINT BEING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET TO WHICH POINT A RADIAL BEARS NORTH 14'21'40" EAST; THENCE EASTERLY 20.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23p09'40'' TO THE POINT OF BEGINNING. AREA OF DEDICATION: 639.04 SQUARE FEET COVENANT OF EASEMENT /o/?Q/& DATE && S-mw CHARLES S. KAHR RCE 23907 REG1 STRATI ON EXPIRES 12/31/89 WS/LOT2&3COV 1.' PAIA TAWW @ NZ/"OO'OO"E 33.50' @ ~2/"00'00*'w 31.77' @ A=23"09'90t R2500Ut L = 20.21' MAP ND, JZ-42 ACCESS WMEUf 440/ MAr E NClNl J, 8CE 23< PLAT TO ILLUSTRATE cov OF ESM'T PRDJ NO: S DP 88-3/?,2.3.3 5 .1- PR&J'ECJ NAME -. COVENANT OF EASEMENT 1N A PORTION OF LOJS 16 2, CT07- 3, MAP iZ242 I 1 0 m CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASGLIEN'T This is to certify that the Covenant for Easemetit, dated October 31, 1989 , from Carltas Company to the City of ............................................ Carlsbad, California, a Plunicipal Corporation, is hereby accepted by tlie City Couiicil of the City of Carlsbad, CaliIortiia, pursuaut Resolution No, 89-439 9 adopted OII December 19, 1989 and tlie grantee consents to the recordation thereof by its duly authorized officer. DATED: December 21, 1989 BY: - ALqTIIA &wL$E3&z&- L. 1 UTE JUI City REN R. KUND , De y Ciij 1 I e x_ RECORDING REQUESTED BY: ) City of Carlsbad ) ) WHEN RECORDED MAIL TO: ) 1 City of Carlsbad 1 1200 Elm Avenue Carlsbad, California 92008 1 PR 2.3.34 COVENANT FOR EASEMENT wk (Government Code Article 2.7 commencing of Title 7; Carlsbad Municipal Code Section 20.04.140) with Section 65870 of Chapter 4 of Division 1 1. Carltas Company, a California Limited Partnership hereina referred to as Owner creates a covenant for easement for the purpose st hereon; over, across and upon the real property described in paragraph 3 he for the benefit of the property referred to in paragraph 4 hereof. This cove for easement may be released only according to the procedures established by if it is determined by the City that the covenant is no longer needed to ach the land use goals of the City. 2. This covenant for easement is required by a condition of appr for a Site Development Plan Number 88-03 issued by the City of Carlsbad development located on real property described in paragraphs 3 and 4 hereo The property burdened by this covenant for easement is describe 3. follows: Lot 2 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of Diego, State of California, according to map thereof, No. 12242, file the office of the County Recorder of San Diego County, October 28, 1 4. The property benefited by this covenant for easement is descr as follows: Lot 1 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12242, filed in the office of the County Recorder of San Diego County, October 28, 1988. m 5. This covenant for easement provides for joint use of the exist outdoor lunch area serving Lots 1 and 2 as shown on Exhibits A and B attach over, across and upon the burdened property for the benefit of the prope benefited and shall be enforceable by the City, by the Owner of the prope benefited and by the successors in interest to the property benefited by t covenant. 6. This covenant for easement shall run with the land, and the burd of the covenant of easement shall be binding upon and the benefit of the coven of easement shall inure to the benefit of all successors in interest to the r property. Dated: /</3)/r7 Carl tas Company, a Cal i forni a Limi partnership 1 ki ns, Manage (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATEL' TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE S NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSIST -- - --------- --- --..-. - -- -...- ~~--~-.T~~., I, 1 STATE OF CALIFORNIA } ss. COUNTY OF SAN DIEGO 1 On November 1, 1989 , before me, the undersigned, a Note Public in and for said State, personally appeared Christopher C. Calkins i personally known to me (cz -2 ts P h) to be the person that executed the witk instrument as Manaser on behalf of Carltas Compar a California Limited Partnership , the partnership therein nan and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signaturm CR e/- JOYCE E. MIZOCK Notary Publlc-Callfornla SAN DIEGO COUNTY i e e EXHIBIT A COVENANT OF EASEMENT PR 2.3.34 THOSE PORTIONS OF LOTS 1 AND 2 OF CARLSBAD TRACT 87-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, CALIFORNIA, OCTOBER 28, 1988 DESCRIBED AS FOLLOWS : PARCEL 1 (OUTDOOR LUNCH AREA EASEMENT) BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 2, SAID POINT BEARS NORTH 2l0 00'00" EAST 102.42 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE SOUTH 69"OO'OO" EAST 10.00 FEET; THENCE NORTH 21°00'00" EAST 126.67 FEET; THENCH NORTH 69' 00100'1 WEST 10.00; THENCE SOUTH 21°00'00" WEST 126.67 FEET TO THE POINT OF BEGINNING. AREA OF DEDICATION: 1266.70 SQUARE FEET /D/3a/B7 DATE u Sa CHARLES S. KAHR RCE 23907 REGISTRATION EXPIRES 12/31/89 WS/LOT2&3COV il- ~Owma I?* tKHltll I PAT4 TMW @ N6 ~“000o”w 10.00’ MA? NO, JZ-42 E AS€ ME NT €-NC/NI Tk aa+& s. CHARLES PAOZ NO: SDP88-3/f$?2.3 3Y PROJECT NAME : COVENANT OF EA5ENEmT iN A PORTION OF LOTS /SZ,GT87-3, MAP l2ZY-2 c w , CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMEN'T This is to certify that tlie Covenant for Easement, dated October 31, 1989 , from Carltas Company to the City of ___________-------______________________----- Carlsbad, California, a PIunicipal Corporation, is hereby accepted by tlie City Couticil of tile City of Carlsbad, California, pursuant Resolution No. 89-439 , adopted on December 19, 1989 arid the grantee consents to the recordation tliereof by its duly authorized officer. DATED: December 21, 1989 - - _- BY: x*y* KAREN R. KUNDTZ, DepuCy , City Cit: t v 0 0 RECORDING REQUESTED BY: 1 City of Carlsbad 1 ) WHEN RECORDED MAIL TO: 1 1 City of Carlsbad ) 1200 Elm Avenue 1 Carl sbad, Cal ifornia 92008 1 PR 2.3.36 COVENANT FOR EASEMENT el' (Government Code Article 2.7 commencing of Title 7; Carlsbad Municipal Code Section 20.04.140) with Section 65870 of Chapter 4 of Division 1 1, Carl tas Company, a Cal ifornia Limited Partnership hereinaf referred to as Owner creates a covenant for easement for the purpose st; hereon; over, across and upon the real property described in paragraph 3 her for the benefit of the property referred to in paragraph 4 hereof. This cover for easement may be released only according to the procedures established by if it is determined by the City that the covenant is no longer needed to ach; the land use goals of the City. 2. This covenant for easement is required by a condition of appr for a Site Development Plan Number 88-03 issued by the City of Carlsbad development located on real property described in paragraphs 3 and 4 hereo The property burdened by this covenant for easement is describe 3. foll ows : Lot 1 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12242, filed in the office of the County Recorder of San Diego County, October 28, 1988. 4. The property benefited by this covenant for easement is descr as follows: Lot 2 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of Diego, State of California, according to map thereof, No. 12242, file the office of the County Recorder of San Diego County, October 28, 1 OFFICIAL SEAL JOYCE E. MIZOCK Notary Public-Californla SAN DIEGO COUNTY 1 WITNESS my hand and official seal. < ( ' w 0 . EXHIBIT A COVENANT OF EASEMENT PR 2,3,36 THOSE PORTIONS OF LOTS 1 AND 2 OF CARLSBAD TRACT 87-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, CALIFORNIA, OCTOBER 28, 1988 DESCRIBED AS FOLLOWS : PARCEL 1 (OUTDOOR LUNCH AREA EASEMENT) BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 2, SAID POINT BEARS NORTH 21" OO10O" EAST 102.42 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE CONTINUING ALONG SAID WESTERLY LINE OF LOT 2 NORTH 21" OOIOOtl EAST 126.67 FEET; THENCE NORTH 69' OOtOOfl WEST 22.00 FEET; THENCE SOUTH 21O 00'00" WEST 126.67 FEET; THENCE SOUTH 69"0010011 EAST 22.00 TO THE POINT OF BEGINNING. AREA OF DEDICATION! 2786.74 SQUARE FEET /Q/30/6.Y DATE LAL?q/$S& CHARLES S. KAHR RCE 23907 REGISTRATION EXPIRES 12/31/89 WS/LOT2&3COV , DATA TAWle @ N 69°0000”W 22.00’ @ s ~~ooo~oo~E 22.00r J\/A\P 1\10, JZL$Z EASEMENT E NCINI Tk &5 - CHA R1 ES KC€ 23“ PLAT TU ILLUSTRATE COV OF ESM‘r PROJ NO- S Df 88 3jPR2.3.3 b I PROJECT NAME: COVENANT OF EAsEMENT IN A PORTION OF LOT5 /42,CT87-3, MAP lZZY2 e e CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT lliis is to certify that the Covenant for Easement, dated October 31, 1989 , from Carltas Company to tlie City of ......................................... Carlsbad, California, a hnicipal Corporation, is hereby accer)ted by tlie City Couiicil of tlie City of Carlsbad, Califorilia, pursuaiit Resolution No. 89-439 , adopted on December 19, 1989 arid tlie grantee consents to the recordation tliereof by its duly authorized officer. DATED: December 21, 1989 By: -!!2J-----& AL IHA L L. 1 ___ Ul g .__ K1 ._ ,, -__ CJty - - REN R, KUNDTZ, Deputy City ---- k. LTRCCT ADDQE!S OF PnlNClPAL CXECVTIYC OFFICE --- 4401 :lanc!iester P.ver.ue, Suite 2OG . L7RECT ADD7iLSS Of CAUFDF1NIA OFFICE IF EXECUTIVE OFFICE: IN AIUOTHCR STATE t,: / F. 3. CITT AND BCATE Encinitas, CP. (5. cmy -.- _L DATE LIGNATVTL OF UtrEKAL PL.RThL?# bAfh -I-- itl~-~~.iurte GF c.ti,ieAL C/.HTM€R _I. --- i>c,.,,TLit,c oi oiwtbt THAN GC~K~AL PAnlpt-n TlTLL 01. DESI;YAIIUI( DhlC _._ -._ .._..-- .----- I-__-- I G. ~~L'i'Ui<~4 AC1;NO~.~LTDGfAEP:T YO: I L.',.' ' E Lc::!reEce I. Tz3ner;l)au3, EST:. 1 I CE I .* .d IHE ORIGJtdAL OF THIS DOCUh\[t{r \VAS REC( -FILE/Pl~GE 1.40, k U 14 TY G ECOR D E R Cfliir el * (I ,e a ._ .- ' E, <?, . .* ,' - ab 1' ' . f * 7 ATTACHIGNT TO FORM LP-1 Designation of ldanaqcr - Pursuant to the provisions oE the Partnership rigreement, Cllristopher C. Calkins has been designated the thnager of the Partnership. The 14anager's authority shal: include all of the powers of management provided to the Gf Partner under the Partnership Agreement , 6 including the execution on behalf of the Partnership of all documents ol title, debt, restriction, purchase, sale or lease. The 14; ]?lay be removed in the discretion of the General Partner b: filing an Amendment to the Certificate of Limited Partner! SO stating. Partnership documents and instruments shall 1 binding upon the Partnership when executed in the followii torm: CRRLTAS COWANY, a California Lim. Partnership By : 1-ianag e r - 6702v < I > - v,.. 7'- I 1, 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 0 a RESOLUTION NO. 8'9 - 4 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE COVENANTS FOR EASEMENT, FROM CARLTAS COMPANY, SDP 88-03, PR 2.3.26. PR 2.3.35, PR 2.3.34, PR 2.3.36 WHEREAS, Carltas Company has created four covenants for easement f of driveway and outdoor lunch area piirposes over across and upon the follo7 A portion of Lot 2 benefitting all of Lot 1; and A portion of Lot 1 benefitting all of Lot 2 all on Carlsbad Tract 87-03, t City of Carlsbad is a part of interest; and WHEREAS, the City Council of the City of Carlsbad has determined it in the public interest to accept said Covenants of Easement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City California, as follows: 1. 2. That the above recitations are true and correct. That the Covenants of Easement from Carltas Company, dated 1989, conveying four easements for joint use of driveway and outdoor purposes over a portion of Lot 2 to Lot 1 of Carlsbad Tract 87-03 and porti 2o 21 22 23 24 25 26 27 28 ' to Lot 2 of Carlsbad Tract 87-03 which are on file with the City Ck incorporated herein by reference, are accepted. /// /// /// /// /// I .*, * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1p1 18 19 w w 3, That the City Clerk is authorized to cause the Covenants of Ea: to be recorded in the Office of the County Recorder of San Diego County, S of California, with the appropriate Certificates of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the C 19th day of December, 1989 by the following vote, to Council Members Lewis, Pettine, and Larson None Council held on the AYES: NOES: ABSENT: Council Members Kulchin and Mamaux ATTEST: City Clerk eputy City Clerk I 20 21 22 23 24 25 26 27 28 11