HomeMy WebLinkAbout1990-12-11; City Council; 10937; Covenant For Easement Packard PropertyCl-P OF CARLSBAD - AGENDA-BILL @ 0 5 ,lfD
AB#&wff&? TITLE:
MTG. 12-11-90 ACCEPTANCE OF A COVENANT FOR
EASEMENT FOR DRAINAGE PURPOSES
DEPT.ENG. OVER A PORTION OF LOT 1 OF MS 833
RECOMMENDED ACTION: Adopt Resolution No?e8 accepting a Covenant for Easement for drainage purposes
and direct the Citv Clerk to cause said covenant of easement to be recorded in the office
of the County Recorder.
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ITEM EXPLANATION:
As a condition of approval of Minor Subdivision 833 the owners, Mark D. Packard, Bonnie
J. Packard, Cheryl L. Packard and Garth F. Packard are required to enter into a covenant
of easement for a drainage easement benefitting Parcel 2 of proposed Minor Subdivision
833. 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
20.64.140 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. Location Map.
2. Covenant for Easement from owners dated November 6. 1990.
3. Resolution No?zAg 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.
PROJECT NAME
PACKARD LOT SPLIT
PROJECT EXHIBIT
NUMBER MS 833 1
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO: ;
City of Carlsbad ; 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)
Mark D. Packard, Bonnie J. Packard, Garth F. Packard, Cheryl
L. Packard 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 833 issued by the City of
Carlsbad for development located on real property described in
Exhibits "AU' and "Btl.
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 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.
I Agreements/AG-5.fRM
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This co.snant for easement provides ior a 5' drainage easement
along and parallel to the westerly property line of Parcel 1 of
Parcel Map 16271. Said easement shall run over, across and upor
the burdened property for the benefit of the property benefitted
benefitted and any successors in
benefitted by this covenant.
This covenant for easement shal
and shall be enforceable by the City and the Owner of the property
interest to the property
.l 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: /(/6,/@
Mark n. Parka?4
Covenant for Easement dated 11-06-90 Individual Acwvxledgment
STATE OF CALIFORNIA
COUNTY OF San Diwzvember 1%
On this 6th day of ___, in the year 1990, before me. the undersigned, a Notary Public in
and for said County and State. personally appeared
**GARTH F. PACKARD AND BONNIE J. PACKARD AND CHERYL L. PACKARD AND MARK D. PACKARD
&!r~dddlkkhd&‘tb me (or proved to me on the basis ot satisfactory evidence) lo be the person?
whose name 53 are subscribed lo this instrument and acknowledged that they executed it.
WITNESS my hand and official 5&l.
Q,fl/nr/&ti SAN DIEGO COUNTY
Notary Public in and for said County and State
EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
VINCENT F. BIONDO, JR., City Attorney
AgreementslAG-5.FRM
,- This Jvenant for easement provic j for a 5' drainage easement
along and parallel to the westerly property line of Parcel 1 of
Parcel Map 16271. Said easement shall run over, across and upon
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
real property.
Dated: /$/L,J%'
Mark D. Packard
on12ue a&aAd Bonnie J."Packard
Garth F. Packard
~~~~~ Cheryl a Packard
I/ (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 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 MATTER.
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:
VINCENT F. BIONDO, JR., City Attorney
Agreements/AC-5.FRM
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EXHIBIT "A"
AN EASEMENT FOR DRAINAGE PURPOSES OVER THE WESTERLY FIVE FEET (5.0') OF PARCEL 1 OF PARCEL MAP N0.16271, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO.16271 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, October 24, 1990;
EXHIBIT "B"
PARCEL 2 OF PARCEL MAP N0.16271, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.16271 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, October 24, 1990.
RICHARD W. HARTLEY
R.C.E. 20934
_ :. c 1.
‘\ \ \
EXHIBIT “C”
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PCL. 2
P.M. I6277
PROJECT NAME: PROJ. EX!il31’
MS 833 - Packard Lot Split NO.
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RESOLUTION NO. go-428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT.
WHEREAS, Mark D. Packard, Bonnie J. Packard, Garth F. Packard and Cheryl F.
Packard have submitted an Agreement creating a covenant for easement to Parcel 2 for
drainage purposes over across and upon a portion of Parcel 1, benefitting Parcel 2 of
proposed Minor Subdivision 833, 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 Cartsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Covenant of Easement from Mark D. Packard, Bonnie J. Packard, Garth
F. Packard and Cheryl F. Packard, dated Novmeber 6, 1990, conveying an easement for
drainage purposes over Parcel 1 to Parcel 2 of proposed Minor Subdivision 833 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
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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 thegday of Deoedef 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: Non
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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