HomeMy WebLinkAbout1989-12-19; City Council; 10419; ACCEPTANCE OF THE COVENANTS FOR EASEMENT FOR RECIPROCAL ACCESS AND DRAINAGE PURPOSES PACIFICA BUSINESS PARK PE 2.89.25, PR 2.3.31, PR 2.3.32.. -
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CITWF CARLSBAD - AGENDWILL G
AB#- TITLE: ACCEPTANCE OF THE COVENANTS FOR DEPT. @f
EASEMENT FOR RECIPROCAL ACCESS AND DRAINAGE C,TY A,,. PURPOSES PACIFICA BUSINESS PARK PE 2.89.25, PR 2.3.31, DEPT.- PR 2.3.32 CITY MGI
RECOMMENDED ACTION:
MTG. 17-19-89
Adopt Resolution No. ??- +'tQ accepting the Covenants for Easement
reciprocal access and drainaie purposes.
I'IEM EXPLANATION:
As a condition of approval of Grading Permit No. 2.89.25 the owner, Wilma Pac
Inc., is required to enter into two covenants of easement for the purposes of provic
proper drainage and internal circulation that is available to Lots 34 and 35 of Map
11134 located at the southerly terminus of Farnsworth Court. The covenant
easement are being created in accordance with the provisions of Chapter 20.64.
Carlsbad Municipal Code.
FISCAL IMPACT:
Requiring creation of the Covenants for Easement will not cause any fiscal impac
the City and will allow for orderly development of the involved properties.
EXHIBITS:
1. Location Map.
2. Covenant of Easement for Lot 35 from Wilma Pacific, Inc. dated Novembt
1989.
Covenant of Easement for Lot 34 from Wilma Pacific, Inc. dated Novembt
1989.
3.
4. Resolution No. r7-4fO accepting the Covenants for Easemenl
reciprocal access and drainage purposes.
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RECORDING REQUESTED BY: 1 City of Carlsbad 1 1 WHEN RECORDED MAIL TO: 1 ) City of Carlsbad 1 1200 Elm Avenue 1 Carl sbad, California 92008 1
PR 2.3.32
COVENANT FOR EASEMENT @tit- (Government Code Art i cl e 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140)
Wilma Pacific, Inc. 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 "6". 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
Grading Permit Number PE 2.89.25 issued by the City of Carlsbad for development
located on real property described in Exhibits "A" and 'IB".
The property burdened by this covenant for easement is described as
fol 1 ows :
See Exhibit "A" attached hereto and made a part hereof. is provided for clarity only.
The property benefited by this covenant for easement is described as
Exhibit "C"
follows:
See Exhibit "Bll attached hereto and made a part hereof. Exhibit "C"
is provided for clarity only.
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TC Re'. __.____
co. .._-_. .. .___.
--_-- Order tdo.
LOT 34: COVENANT FOR RECIPROCAL Descr.
J-10800
By : JLW/kq
Date: October 16, 1989
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TC Re'..-- _--_._.
co. __- -____
Order No. -_-_
Dale -__
Descr.
Rev. RY -
PROJECT NAME:
PACIFICA BUSINESS PARK
._. . . . , ..-.
PROJECT NO. :
P.B. 333
PR 2.3.32
EXHIBIT
PE 2.89.25 II I1 B
I
l-A-4
I\IL~F) ]\IC), 11134
LOT 34
COVENANT FOR RECIPROCAL ACCESS AND DRAINAGE EASEMENT-
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LEGEND
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Sllll. 100 C.tIml..il. CA 91M 1,.1'll 21 PLAT TO ILLUSTRATE COVENANT OF
RECIPROCAL ACCESS AND DRAINAGE
EASEMENT LOT 34 cvuini-r
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that tlie Covenant for Easement, dated
November 9, 1989 , from Wilma Pacific, Inc.
to the City of .............................................
Carlsbad, California, a Municipal Corporation, is hereby accepted
by tlie City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-440 , adopted on December 19, 1989
and the grantee consents to the recordation thereof by its duly
authorized officer ,
DATED: December 21, 1989
BY: -&JLdj*--+- L ‘HA L. U”<NK 2, City (;le
KAREN R. KUNDTZ, sputy City C1
0 0
RECORDING REQUESTED BY: 1 City of Carlsbad 1 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1
Car'lsbad, California 92008 ; 1200 Elm Avenue
PR 2.3.31 w
with Section 65870 of Chapter 4 of Division 1
COVENANT FOR EASEMENT (Government Code Article 2.7 commencing
of Title 7; Carlsbad Municipal Code Section 20.04.140)
Wilma Pacific, Inc. 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
Grading Permit Number PE 2.89.25 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
foll ows:
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
fol 1 ows :
See Exhibit "B" attached hereto and made a part hereof. Exhibit "C"
is provided for clarity only.
0 e 1 , ...
.'' 4
This covenant for easement provides for reciprocal access and drainage
easement 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 interest to the real
property.
Dated: November 9, 1989 Wilma Pacific, Inc.
By: William A. / h&gL-ea Budge, Vice PresiHt / e
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By :'h --.... .k\ .b.
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_. . ~.- .,.
I nrm W ~ Rrucker. Assistant Secretar:
)ss.
, before me, the undersigned, a Notary Public in and for
and
, Personally known to me (o~pmp.e&me
STATE OF CALIFORNIA
COUNTY OF Oranqe' I STANT SECRETAR
,RY OR ASSISTAN'
NT AUTHORITY OF
A TRUE COPY 01 !!E On November 9, 1989
m said State, personally appeared William A. Budge
E zc eX 55 Vice President and
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0' 23 0 a o,+
I
._ L Loren W. Brucker EMPOWERING THE
basbohebs ' f&eWvim) to be the Persons who executed the within instrument as
Secretary, on behalf of Asst.
R EASEMENT, THE
the corporation therein named, and acknowledged to me that
such corporationexecuted thewithin instrument pursuanttoits
by-laws or a resolution of its board of directors. , f G WlT61Eh$se>&A ~
Signature (This area for official notarial seal)
Pp F .3.3 I
J-10800
LOT 35: COVENANT FOR RECIPROCAL
.- , . .- . ..- -. . ... ,
TC Ref. ._.__.___._
' co. ___..__..___..__
-__ Order t40.
Date _-___
Des cr. . .-__
PROJECT NAME PROJECT NO. t
PACIFICA BUSINESS PARK PD 333
PE 2.89.25
PR 2.3.31
EXHIBIT
" A "
? PROJECT NAME : PROJECT NO. :
EXHIBIT PACIFICA BUSINESS PARK P.P. 333
11 B 18 PE 2.89.25
PR 2.3.31
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a;l ' LOT34
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
November 9, 1989 , from Wilma Pacific, Inc.
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. 89-40 , adopted on December 19, 1989
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: December 21, 1989
BY: .&bxme h *THh L. I:ity ciz
REN R. KUNDTZ, Deputy City Cle
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RESOLUTION NO. 89-440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAE
CALIFORNIA, ACCEPTING THE COVENANTS FOR EASEMENT FROM WILMi
PACIFIC, INC.. PE 2.89.25. PR 2.3.31, PR 2.3.32
WHEREAS, Wilma Pacific, Inc. has created two covenants for easer
reciprocal access and drainage purposes over across and upon the following:
A portion of the Lot 35 Map NO. 11134 benefitting Lot 34 of Map No. 13
which the City of Carlsbad is a part of interest; and
A portion of Lot 34 Map No. 11134 benefitting Lot 35 of Map No. 11134, t
the City of Carlsbad is a part of interest; and
WHEREAS, the City Council of the City of Carlsbad has determined it to 1
in the public interest to accept said Covenants of Easement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of C
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Covenants of Easement from Wilma Pacific, Inc., dated Nc
9, 1989, conveying easements for reciprocal access and drainage purposes over
and upon the following:
A portion of Lot 35 to Lot 34 of Map 11134; and
A portion of Lot 34 to Lot 35 of Map 11134 which are on file with the Ci
and are incorporated herein by reference, are accepted.
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3, That the City Clerk is authorized to cause the Covenants of Easeme
to be recorded in the Office of the County Recorder of San Diego County, State
of California, with the appropriate Certificates of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb
19th day of Decembe~ 1989 by the following vote, to wit: Council held on the
AYES: Council Members Lewis, Pettine, and Larson
NOES: None
ABSENT: Council Members Kulchin and Mamaux
ATTEST:
&HA Ldd NKdN Z, City Clerk
(SEAL) KAREN R. KUNDTZ, Deputy City Clerk