HomeMy WebLinkAbout1990-06-26; City Council; 10688; Covenant For Easementn 9 0
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RECOMMENDED ACTION:
Adopt Resolution No.-
drainage purposes and
in the office of the COI
ITFM FXPLANATIONt
As a condition of apprc
Benacka, are required t
a drainage easement c
easement allows for ths
portion of parcel B, wh
created in accordance
Code.
FISCAL IMF’ACX
Requiring creation of tl
City and will allow for
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Location Map.
Covenant for Ea
Resolution No.-
drainage purpor
recorded in the
RLSBAD - AGEND-BILL
ZEPTANCE OF A COVENANT FOR
:MENT FOR DRAINAGE PURPOSES
9/-GzH/ accepting a Covenant for Easement for
iirecting the City Clerk to cause said covenant to be recorded
nty Recorder.
val of Minor Subdivision 750 the owners, Thomas and Lynda
) enter into a covenant of easement for the purpose of securing
rer a portion of land located at 3264 Highland Drive. Said
drainage of Parcel A, which fronts on Highland Drive, over a
:h fronts on James Drive. The Covenant of Easement is being
tith the provisions of Chapter 20.64.140 Carlsbad Municipal
: Covenant for Easement will not cause any fiscal impact to the
orderly development of the involved properties.
ement from Thomas and Lynda Benacka date May 1, 1990.
%9 - .a/ accepting a Covenant for Easement for
:s and directing the City Clerk to cause said covenant to be
lffice of the County Recorder.
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BENACKA PARCEL MAP
RECORDING REQUESTED BY: ) City of Car&bad
! WREN RECORDED MAIL TO: )
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)
Thomas J. and Lynda Benacka 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 'IBll. 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 750 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 wide
drainage easement along the entire souterly boundary of Parcel
B 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.
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: /n/4+ 1, /390 I
L#ncia Benacka
II (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE nTv?.nIrmn k
iNERAL A,‘;KNOWLEDGMENT
srare of L&r Y\\i
1.
On this the Lday of /\?du l$%L. before me.
ss. ’ a-h ‘, PAk~U\,
the undersigned Not,~ry Public, personally appeared
WITNESS my hand and official seal. I
Notary’s Signature
THIS CERTlFlC4lE Title or Type of Document G\
MUST BE ATTACHED TO THE DGCUMENi DESCRIQED AT RIGi(T:
Number of Pages a
Signer(s) Other Than Named Above
UAW YODKOVIK NOTAR’I P”BLICCAL,FOR~, SAN DIEGO COUiITV a personally known 10 me
$2. proved lo me on the basis of satisfactory evidence
to be the person(s) whose name(s) c\-cI subscribed lo the
within instrument. and acknowledged that Thr... executed it.
This covenant for easement provides for a 5 foot wide
drainage easement along the entire souterly boundary of Parcel
B 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.
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: YMAf I, J990
(NOTARIAL ACXNOWLEDGEMENT OF EXECUTION BY OWNER RUST BE ATTACHED.)
NOTE TBAT 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 18 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 RATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
mtr/AG-S.FRM
EXHIBIT "A"
APN 203-060-03
THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED A5 FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF HIGHLAND DRIVE, DISTANT THEREON SOUTH 21r034'13" EAST, 188.00 FEET FROM THE INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID TRACT NO. 123 AND SAID CENTERLINE OF HIGHLAND DRIVE; THENCE NORTH 55°24'10" EAST, ,245.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 55°24'10" EAST , 16A.92 FEET TO A POINT ON THE WESTERLY LINE
OF JAMES DRIVE: THENCE SOUTH 31='12'50" EAST ALONG SAID WESTERLY LINE, 61.82 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 55Q2b'lO" EAST, 161.32 FEET; THENCE NORTH 34O33'33" WEST, 61.71 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
APN 203-060-03
THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF HIGHLAND DRIVE AND THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID TRACT NO. 123: THENCE SOUTH 24034'13" EAST, 188.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 55°24'10" EAST, 245.60 FEET: THENCE SOUTH 34°33'33" EAST, 61.71 FEET: THENCE SOUTH 55°24'10" WEST, 256.47 FEET TO SAID CENTERLINE OF HIGHLAND DRIVE: THENCE ALONG SAID CENTERLINE, NORTH 24°34'13" WEST, 62.67 FEET TO THE TRUE POINT OF BEGINNING.
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PROJECT NAME: 5’ PRIVATE EASEMENT FOR
PRI VATE DRA INAGE PURPOSES
PROJ.
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RESOLUTION NO. 90-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAELSBAD, CALIFORNIA ACCEPTING A COVENANT FOR
EASEMENT.
WHEREAS, Thomas and Lynda Benacka have submitted an agreement creating a
covenant for easement for drainage purposes over, across and upon a portion of Parcel B
of MS 750, benefitting Parcel A of MS 750, to which the City of Carlsbad is a party 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 Thomas & Lynda Benacka, dated May
1, 1990, conveying an easement for drainage purposes over a portion of Parcel B of MS
750 to Parcel A of MS 750 which is on file with the City Clerk and is incorporated herein
by reference, is accepted.
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 26th day of June , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine. Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L.
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