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Home My WebLink About1991-01-08; City Council; 10970; Covenant For Easement Floral Trade CenterCITx OF CARLSBAD - AGEND”BlLL ACCEPTANCE OF A COVENANT F RECOMMENDED ACTION: (I\ A Adopt Resolution No. accepting a Covenant for Easement for drainage purposes. ITEM EXPLANATION: As a condition of approval of Minor Subdivision 800 the owner Carlmart, L-P, is required to enter into a covenant of easement for the purpose of drainage. The site is located at the west side of Avenida Encinas north of Palomar Airport Road on APN 21 o-090-47. The Covenant for Easement is being created in accordance with the provisions of Chapter 20.04.140 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 Carlmart L.P. dated October 15, 1990. / (4 3. Resolution No. ?’ accepting a Covenant for Easement for drainage purposes. LOCATION cm Of OCEANSIDE PROJECT NAME PROJECT EXHIBIT FLORAL TRADE CENTER NUMBER MS 800 1 RECORDING REQUESTED BY: City of Carlsbad 1 WHEN RECORDED MAIL TO: i City of Carlsbad 1 1200 Elm Avenue Carlsbad, California 92008 Q&7+- 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) Carlmart L.P. 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 llBll. 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 Subdvision Number 800 issued by the City of Carlsbad for development located on real property described in Exhibits rlAt' and 'lBt' . The property burdened by this covenant for easement is described as follows: See Exhibit rlA1t attached hereto and made a part hereof. Exhibit rrC'l is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit 'IBII attached hereto and made a part hereof. Exhibit IrC" is provided for clarity only. /I Agreements/AC-S.FRM I 1 , *, ‘*. . .- - This covenant for easement provides for drainge 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 real property. 1 9 9 () ~_ ..__.._.., before me. the undersigned, a Notary Public in and for Christopher ..C. ..Ca.lkins-- ..-.- ~- ~~~-~~ and -, personally known to me ji$$fi~efij6,$?q’r@)6j$.4~ fi$$+!$;&r&&f$&) to be the persons who executed the within instrument as-- ~. ~~. _. President and !!?!?&!&!!t Secretary, on behalf of Sarltas- Devel.op.ment -Company- ~, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by lawsoraresolutionofitsboardofdirectors,saidcorporalionbeing known to me to be one of the partners of---~----_ -- _ e.cal-lm,a.1-t-9~.ml, l .p:. ..~ - -- ..--.- --., the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. (This area for official notarial seal) successors to the UST BE ATTACHED.) THE SECRETARY OR w3313;L’kuv;L DYbnaIfi~A *-a”“& “I”.. L -.. w-e.- ----VW -wECUTIONS 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 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: City Attorney Agreements/AC-5.FRH EXHIBIT "A" A PRIVATE DRAINAGE EASEMENT OVER, ACROSS AND UPON ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID . PARCEL MAP NO. 16274, NORTH 22"30'29" WEST 440.82 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 16274, THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 63"49'25" EAST 37.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID PARCEL 2 NORTH 63'49'25" EAST 232.42 FEET; THENCE SOUTH 22"30'29" EAST 10.02 FEET; THENCE SOUTH 63'49'25" WEST 232.42 FEET; THENCE NORTH 22"30'29" WEST 10.02 FEET TO THE TRUE POINT OF BEGINNING. AREA OF PRIVATE DRAINAGE EASEMENT, PARCEL B: 2324.08 SQ. FT. - EXHIBIT “B” PARCEL 1 OF PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 16274; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO. 16274, NORTH 22'30'29" WEST 440.82 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 16274; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 22'30'29" WEST 855.70 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 67'29'31" WEST 89.59 FEET; THENCE NORTH 73"47'24" EAST 586.52 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY SOUTH 26'10'00" EAST 727.64 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIAL BEARING OF SOUTH 63"50'00" WEST AND CENTRAL ANGLE OF 05'12'38" AND RADIUS OF 265.00 FEET; THENCE ALONG SAID CURVE 24.10 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1 HAVING A RADIAL BEARING OF NORTH 69'02'38" EAST; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 63'49'25" WEST 163.60 FEET; THENCE NORTH 26'10'35" WEST 5.00 FEET; THENCE SOUTH 63'49'25" WEST 557.00 FEET TO THE TRUE POINT OF BEGINNING. Ki2g3w PARCEL I I? M. VICIN IN M/If (R) 63'5O'OO"E ~=$3%&” R’ 2G5.00’ = FOINT Of EEIINNING DATE L.cj. 4811 REGIWI~ATION EICmRE%: 9-SO-94 CARLMART L.l? I A CAL~O&‘d&=D C#,RLTA’+ DEVELOPMENT CDMWN~ GENELZAL PAFbNEF EYJXUTIVE VICE PREQIDENT MELCI-IIOP LAND 5URVEYING INC. F-731 PALMER WAY WITE G C-ARLSBAD, CA. 92000 (619)430-1726 JN. 974-09 3 -31-90 COVENAN’I- OF EA5EMENT’ EJwm/ 7 ‘C ” - - 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 RESOLUTION NO. 91-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT. WHEREAS, Carlmart L.P. has submitted a covenant for easement to Parcel 2 of Parcel Map No. 16274 for drainage purposes over across and upon a portion of Parcel 1, Parcel Map No. 16274, benefitting Parcel 2 of Parcel Map No. 16274, 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 Carlmart L.P., dated October 15, 1990, conveying an easement for drainage purposes over a portion of Parcel 1 of Parcel Map No. 16247 to Parcel 2 of Parcel Map No. 16247 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 -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 - h 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 the 8th day of January 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Stanton and Nygaard NOES: None ABSENT: None AlTEST: (SEAL) KAREN-R. KUNDTZ, Assistant City Clerk -2-