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Home My WebLink About1990-03-06; City Council; 10508; Covenant For Easement Sullivan Parcel MapCIT- OF CARLSBAD - AGEND -BILL ACCEPTANCE OF A COVENANT FOR DEPT.ENC. EASEMENT FOR DRAINAGE PURPOSES SULLIVAN PARCEL MAP MS 81 RECOMMENDED ACTION: Adopt Resolution No.p- d/ accepting a Covenant for Easement for drainage purposes. ITJIM EXPLANATION: As a condition of approval for Minor Subdivision 816 (the Sullivan Parcel Map) the owner is required to enter into a Covenant for Easement for drainage purposes over property located northwesterly of the intersection of Highland Drive and Hoover Street. The Covenant for Easement is being created in accordance with the provisions of Chapter 20.04.140 Carlsbad Municipal Code. FISCAL IMPACIY 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. EXHIBm: 1. 2. Location Map. Covenant for Easement from Brian S. Sullivan dated February 6,199O. 3. Resolution No. ,% - g/ accepting a Covenant for Easement for drainage purposes. - LOCATION MAP btOJECT NAME f’fKlJECt No. M.5.a~ RECORDING REQUESTED BY: ) City of Carlsbad 1 > WHEN RECORDED MAIL TO: > > City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 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) Brian S. Sullivan hereinafter referred to as Owners create 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 Subdivision number 816 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. This covenant for easement provides for a 5 foot 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. 1 . . - 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: $/k,/~ 0 Brian S. Sullivan (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 CORFORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDMDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDMDUAL To ACT IN THIS MATTER IT IS RECOMMENDED THAT, PRIOR TO THE FXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WlTH RESPECT THERETO. Approved as to form: GENERAL ACKNOWLEDGMENT NO. 201 State of C;AUt=ae Nf #J County of d&u’ DiEGo > ss* *+*+*+*++*****+***+***************** t t OFFICIAL SEAL t z f GISELA HAUSER i NOTARY PLIBLIC-CALIFORNIA t NOTARY BOND FILED IN : t SAN DIEGO COUNTY f My Commission Expires July 23. 1993 f t*****************************,*+****: On this the ‘m day of t=F%itf~d@Ry 192, before me, 9 GfJEi-iA WdEE 7 the undersigned Notary Public, personally appeared Cl personally known to me xproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /s subscribed to the within instrument, and acknowledged that executed it. Notary’s Sign&re 7110 122 NATIONAL NOTARY ASSOCIATtON l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hilts, CA 91365-4625 EXHIBIT "A" LEGAL DESCRIPTION - A PORTION OF LOT 3, IN BLOCK "B" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 3, SOUTH 63"47'48" EAST (SOUTH 63"49' EAST REC.), 162.41 FEET; THENCE LEAVING SAID LINE SOUTH 26"09'48" WEST, 115.32 TO THE BEGINNING OF A LINE WHICH IS PARALLEL TO AND 21.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID LINE SOUTH 63"49'38" EAST (SOUTH 63'49" EAST REC.), 132.50 FEET TO A LINE WHICH IS PARALLEL TO AND 5.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID LINE SOUTH 266 09'48" WEST (SOUTH 26 11' WEST REC.), 21.00 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 63* 49'38" WEST (NORTH 63°49'WEST REC.), 295.00 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 3 NORTH 26O11'55" EAST (NORTH 26Oll' EAST REC.), 136.41 FEET TO THE POINT OF BEGINNING. I d . C EXHIBIT "B" LEGAL DESCRIPTION - A PORTION OF LOT 3, IN BLOCK "B" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, BEING MORE PARTICULARLY DESCRIBED As FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 3; THENCE ALONG THE NORTHEASTERLY LINE 0~ SAID LOT 3, SOUTH 63047'48" EAST (SOUTH 63049' EAST REC.), 162.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 2@09'48" WEST, 115.32 TO THE BEGINNING OF A LINE WHICH IS PARALLEL TO AND 21.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID LINE SOUTH 63" 49'38" EAST (SOUTH 63O49" EAST REC.), 132.50 FEET TO A LINE WHICH IS PARALLEL TO AND 5.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID LINE NORTH 26"09'48" EAST (NORTH 26011' EAST REC.), 88.42 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 39O48'43" AN ARC DISTANCE OF 13.90 FEET; THENCE TANGENT TO SAID CURVE ALONG A LINE WHICH IS PARALLEL TO AND 30.00 FEET WESTERLY OF THE CENTERLINE OF HIGHLAND DRIVE NORTH 13=38'55" WEST (N136 39' WEST REC.), 14.10 FEET TO THE BEGINNING OF A TANGENT 230.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF l"01'55" AN ARC DISTANCE OF 4.14 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID NORTHESTERLY LINE NORTH 63647'48" WEST (NORTH 6?49' WEST REC.), 116.21 FEET TOTHE TRUE POINT OF BEGINNING. EXHIBIT “C” DRAINAGE EASEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. I 8 a t =w E v) I !2 8 I I BRIAN SMITH ENGINEERS, INC. CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated February 6, 1990 , from Brian S. Sullivan --------------------------------------- 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. 90-41 , adopted on March 6, 1990 , and the grantee consents to the recordation thereof by its duly authorised officer. DATED: March 7, 1990 BY: ALETHA L. RAUTENKRANZ, City Cler)( . . I/ - RESOLUTION NO. 90-41 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR 3 EASEMENT FOR DRAINAGE PURPOSES, MS 816. 4 WHEREAS, Brian S. Sullivan has submitted a Grant Deed creating a covenant for 5 easement to the real property described in Exhibit “A” for drainage purposes, benefitting 6 the real proper&y described in Exhibit “B”, to which the City of Carlsbad is a party of 7 8 interest; and r 9 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the 10 public interest to accept said Covenant for Easement; 11 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 12 California, as follows: 13 1. That the above recitations are true and correct. 14 15 2. That the Covenant for Easement from Brian S. Sullivan dated February 6, 16 1990, conveying an easement for drainage purposes over the real property described in I7 /I Exhibit “A” to the real property described in Exhibit “B” which is on file with the City1 18 Clerk and is incorporated herein by reference, is accepted. 19 20 3. That the City Clerk is authorized to cause the Covenant of Easement to be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2t 24 25 26 27 28 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 6th day of March , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Larson NOES: None ABSENT: Council ATTEST: rk