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Home My WebLink About1990-11-06; City Council; 10887; Covenant For EasementCl- OF CARLSBAD - AGENC- BILL r.* <~ -. -. - _-_- ---__- __--._- -_-- AB#f&&??? TITLE: MTG. 1 l-6-91-1 ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES ‘DEPT.- OVER A PORTION OF LOT 1 OF MS 802 I I RECOMMENDED ACTION: Adopt Resolution No.=’ accepting a Covenant for Easement for drainage purposes and direct the City Clerk to cause said covenant of easement to be recorded in the office of the County Recorder. ITEM EXPLANATION: As a condition of approval of Minor Subdivision 802 the owner, James Swab, is required to enter into a covenant of easement for a drainage easement benefitting Parcel 2 of proposed Minor Subdivision 802. Said subdivision is located north of Buena Vista Way and west of Arland Road. The Covenant for Easement is being created in accordance with the provisions of Chapter 20.84.140 Carlsbad Municipal Code. 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. 2. 3. Location Map. Covenant for Easement from James Swab dated October 9,199O. Resolution No~‘-~” accepting a Covenant for Easement for drainage purposes and direct the’wlerk to cause said covenant of easement to be recorded in the office of the County Recorder. LOCATION- MAP VICIAIITY MAP NO SCAL.6 BUENA VISTA WAY COVENANT FOR PRIVATE EASEMENT November 15, 1990 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Covenant for Easement Lot 1, MS 802 - James Swab (owner) Our staff has determined that the recordation of this document is of benefit to the City; therefore it is requested that the fees be waived. Thank you for your assistance in this matter. LINDA COTA Secretary Enc. 1200 Carlsbad Village Drive - Carlsbad, California 92008 0 (619) 434-2808 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: ; City of Carlsbad i 1200 Elm Avenue 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) James R. Swab 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 IlBll. 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 802 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 "C1@ is provided for clarity only. The property benefitted 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 10' drainage easement parallel to the westerly property line of said burdened ibit A, and runs over, across and upon property, as described in Exh - the burdened property for the benefit of the property benefitted and shall be enforceable by the City and the Owner of the property benefitted and any successors in interest to the property benefitted 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 ::::d:ro;w&i 4; / 970 cIl.emaf& s R. Swab IY OTARIAL 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 CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN TH18 MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR BASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Approved as to form: ’ Individual Acwx4edgment Covenant 5or Easement STATE OF CALIFORNIA COUNTY OF San Diego On this92Tday of October 'I"' in the year 19?0_. before me. the undersigned. a Notary Public in and for said Co”“ty and State. peisonaliy appeared *** JAMES R. SWAB ***** P$c~~~~l~~~qv,bf’pfle (or proved lo me on the basis of satisfactory evidence) lo be the perSOn ,. I whose name -mis.-.-w subscribed to this instrument and acknowledged that &-_. executed il. WITNESS my hand and official Seal. mdb Notatv Public in and far raid County and Slate LEGAL DESCRIPTION OF PROPERTY BURDENED BY COVENANT OF EASEMENT EXHIBIT "A" THAT PORTION OF LOT 2 OF WILSONIA TRACT. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169 FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 31. 1929 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2. SAID POINT ALSO BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF ARLAND ROAD AS SHOWN ON SAID MAP. THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 64035'02" WEST 11.52 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG THE NORTHERLY LOT LINE OF SAID LOT SOIJTH 64035'02" WEST FOR A DISTANCE OF 106.9'7 FEET. THENCE LEAVING SAID LOT LINE ALONG A LINE HAVING A BEARING OF SOUTH 18001'44" EAST FOR A DISTANCE OF 83.07 FEET. THENCE NORTH 73040'59" EAST FOR A DISTANCE OF 110.71 FEET TO A LINE PARALLEL WITH AND 30 FEET SOUTHWESTERLY OF THE CENTER LINE OF ARLAND ROAD AS SHOWN ON SAID MAP: THENCE ALONG SAID PARALLEL LINE NORTH 19048'26" WEST FOR A DISTANCE OF 77.93 FEET, TO A POINT ON A TANGEANT CORVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 170.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS SOJJTH 70011'34" WEST; THENCE NORTHWESTERLY 22.36 FEET ALONG SAID CIJRVE TO THE TRlJE POINT OF BEGINNING. 178ACEDl LEGAL DESCRIPTION OF PROPERTY BENEFITED BY COVENANT OF EASEMENT EXHIBIT "B" THAT PORTION OF LOT 2 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169 FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 31, 1929 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY OF ARLAND ROAD AS SHOWN ON SAID MAP. THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 64t>35'02n WEST FOR A DISTANCE OF 11.52 FEET TO ITS INTERSECTION WITH A CORVE CONCAVE TO THE SOUTBWEST AND HAVING A RADIUS OF 170.00 FEET AND WHICH IS TANGENT TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY OF THE CENTERLINE OF ARLAND ROAD AS SHOWN ON SAID MAP AND TO WHICH INTERSECTION A RADIAL BEARS SOlJTH 62039-27" WEST: THENCE SOUTHEASTERLY 22.36 FEET ALONG SAID CURVE TANGENT TO A LINE PARALLEL WITH AND 30.00 FEET NORTHWEST OF SAID CENTERLINE ,THENCE CONTINUING ALONG SAID LINE PARALLEL WITH AND 3O.!JUO SOIJTHWEST OF SAID CENTERLINE OF ARLAND ROAD SOIJTH 19"4S'26" EAST FOR A DISTANCE OF 77.93 FEET TO THE TRUE POINT CF BEGINNING: THENCE CONTINOING ALCNG SAID LINE SOUTH 19"43'26" EAST A DISTANCE OF lOO.UCI FEET. THENCE LEAVING SAID LINE SOUTH 62003'33" WEST FOR A DISTANCE OF 123.51 FEET. THENCE NORTH 12032.24" WEST FOR A DISTANCE OF 82.00 FEET, THENCE NORTH 73040'59" \‘ EAST FOR A DISTANCE OF 110.71 FEET TO THE TRUE POINT OF BEGINNING. 178ACED2 ’ 15 PUBLIC nRAINAGE EASEMENT 1 *‘p’~ AT __-._ -.._..._.--- --~-~ .: ~~~~~~~~~~~ : e ..’ I \: --l IVAiE IMENT I ., c . . PROJECT NAME: PFiOJ. ,X!il31T .-. COVENANT FOR PRIVATE EASEMENT , I I NO: MS 802 C CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated October 9, 1990 , from James R. Swab to the city of Car&bad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. 90-391 , adopted on November 6, 1990 and the grantee consents to the recordation thereof by its duly authorized officer. DATED : November 14, 1990 BY: NZ, City Clerk ant City Clerk RESOLUTION NO. 99-39l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT. 4 WHEREAS, James Swab has submitted an Agreement creating a covenant for 5 easement to Parcel 2 for drainage purposes over across and upon a portion of Parcel 1, 6 7 benefitting Parcel 2 of proposed Minor Subdivision 802, to which the City of Carlsbad is a B party of interest; and 9 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 10 interest to accept said Covenant of 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 2. That the Covenant of Easement from James Swab, dated August 10, 1990, 15 16 17 18 19 20 21 22 23 24 25 26 27 conveying an easement for drainage purposes over Parcel 1 to Parcel 2 of proposed Minor Subdivision 802 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 ill Ill Ill Ill Ill Ill Ill Ill 28 -l- 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 recorded in the Office of the County Recorder of San Diego County, State of California, with appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on theaday of tihq 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None AlTEST: -2-