HomeMy WebLinkAbout1991-01-15; City Council; 10987; ACCEPTANCE OF COVENANTS FOR EASEMENTS FOR BOTH PRIVATE DRAINAGE PR 3.2.39 AND SEWER PURPOSES PR 3.3.20!! 4
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CIYOF CARLSBAD - AGENUBILL 6, (
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AB# /d. F387 TITLE: DEPT. H
C'TY AT MTG. 1-15-91
DEPT.ENCl AND SEWER PURPOSES PR 3.3.20 CITY MG
RECOMMENDED ACTION:
ACCEPTANCE OF COVENANTS FOR
EASEMENTS FOR BOTH PRIVATE DRAINAGE PR 3.2.39
Adopt Resolution Noo y/-/y accepting Covenants for Easements for both pi
drainage and sewerage purposes and direct the City Clerk to cause said covenan
easements to be recorded in the office of the County Recorder,
ITEM EXPLANATION:
As a condition of approval of Tentative Map 89-35 the owners, Ray E. Escano and
L. Escano are, required to enter into covenants of easements for both private draii
and private sewer purposes benefitting proposed CT 89-35. The drainage easemc
located along the western boundary line, 6 feet wide, of proposed Lots 2 and 3 anc
southern most five feet of Lot 3 running to Lot 5. The sewer easement is located a
the western boundary lines, 11 feet wide, of proposed Lots 1, 2, 3 and 4, (the nort
most 8 feet only of Lot 4). These Covenants for Easements are being create
accordance with the provisions of Chapter 20.64.1 40 Carlsbad Municipal Code.
FISCAL IMPACT
Requiring creation of the Covenants for Easements will not cause any fiscal impact tc
City and will allow for orderly development of the involved properties.
EXHIBITS:
1. Location Map.
2. Covenant for Drainage Easement from Ray E. Escano and Niki L. Escano di
December 5,1990.
Covenant for Sanitary Sewer Easement from Ray E. Escano and Niki L. Esc
dated December 5, 1990.
Resolution No.- accepting a Covenant for Easement for both private drain
and sewer purposes and direct the City Clerk to cause said covenants
easements to be recorded in the office of the County Recorder.
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PROJECT NAME VISTA SAN MALO
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RECORDING REQUESTED BY: 1 City of Carlsbad 1
1 WHEN RECORDED MAIL TO: 1
City Clerk's Office 1
City of Carlsbad 1
1200 Elm Avenue 1 Carlsbad, California 92008 1
9 A4
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)
RAY E. ESCANO AND NIKI L. ESCANO
hereinafter referred to as Owner creates a covenant for ease
for the purpose stated hereon: over, across and upon the
property described in Exhibit vvAvv for the benefit of the pro1
referred to in Exhibit IVBVV. This covenant for easement ma
released only according to the procedures established by law :
is determined by the City that the covenant is no longer need
achieve the land use goals of the City.
This covenant for easement is required by a conditic
approval for a tentative map number CT 89-35 issued by the Ci
Carlsbad for development located on real property describc
Exhibits vvA'v and rvBrv.
The property burdened by this covenant for easemer
described as follows:
See Exhibit IvAvv attached hereto and made a part hereof. Exhibit vvC1v is provided for clarity only.
The property benefitted by this covenant for easemei
described as follows:
See Exhibit lvBrr attached hereto and made a part hereof. Exhibit rrCfv is provided for clarity only.
AgreemenWAG-5. FRM
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0 $1 e
This covenant for easement provides for a private SE
easement 11' wide running north and south along western bound
line across Lots 1, 2 and 3 and the 8' of Lot 4 over, across
upon the burdened property for the benefit of the propc
benefitted and shall be enforceable by the City and the Ownei
the property benefitted and any successors in interest to
property benefitted by this covenant.
This covenant for easement shall run with the land, and
burdens of the covenant shall be binding upon and the benefit
the easement shall inure to the benefit of all successors to
real property.
Dated: 12 -5 * 4'
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACH
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETAR
ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF
DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOAR
DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETA5
THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING
INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL
SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENAN'?
EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RES
THERETO.
Approved as to form:
VINCENT F. BIONDO, JR., City Attorney
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Agreements/AG-S.FRM
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EXHIBIT A
LEGAL DESCRIPTION:
THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST
HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON
THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF
THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF
OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON
RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP
NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP NO. 12779, SOUTH OOO32’42” WEST 233.00 FEET; THENCE SOUTH 89O25’51’’ EAST 11.00 FEET: THENCE NORTH OOO32’42” EAST 233.00 FEET TO THE NORTHERLY LINE OF RECORD OF SURVEY NO. 12779 AND THE NORTHERLY LINE OF SAID TRACT 4; THENCE ALONG SAID NORTHERLY LINE, NORTH 89O25’51’’ WEST 11.00 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
/4$Z9d
FRED ~’~UNEMULLER, LS 4429
FRED 3 HUNfMULLER
PAGE 1 OF 1
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EXHIBIT B
LEGAL DESCRIPTION:
THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST
HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON
THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF
THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF
OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON
RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO.
90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP
NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY
LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY: THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 4 AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, SOUTH 89O25‘51” EAST 99.65
FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE EASTERLY, SOUTHEASTERLY AND
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
90°00’00’‘ A DISTANCE OF 31.42 FEET TO THE POINT OF REVERSE CURVATURE OF A 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THAT IS IN THE WESTERLY SIDELINE OF TUTTLE STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 12779; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55O12’21” A DISTANCE OF 75.15 FEET: THENCE TANGENT ALONG THE SOUTHWESTERLY SIDELINE OF TUTTLE STREET, SOUTH 54O38’12” EAST 68.99 FEET TO AN ANGLE POINT AS SHOWN ON RECORD OF SURVEY MAP NO. 12779; THENCE
LEAVING SAID SIDELINE OF TUTTLE STREET, SOUTH 35O21’48” WEST
100.00 FEET; THENCE SOUTH 54O38’12” EAST 120.00 FEET; THENCE
SOUTH 35O21’48’’ WEST 31.64 FEET TO A LINE THAT IS PARALLEL WITH AND 300 FEET DISTANT SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY
LINE OF SAID TRACT 4: THENCE ALONG SAID PARALLEL LINE, NORTH
89O25’51” WEST 233.10 FEET TO THE CENTERLINE OF SAID VACATED
ALLEY AND THE SOUTHWEST CORNER OF RECORD OF SURVEY MAP NO. 12779;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP
NO. 12779, NORTH 00°32’42” EAST 300.00 FEET TO THE POINT OF
BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. ;&jd / A\ /</4/98 FRED J.~HUNEMULLER, LS 4429
FRED J. HUNEMULLER
0 EXHIBIT C 0 ,I
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BOUNDARY DIMENSION! 3'
WI in'
0 N 88'10'30' E 5.00' IRA' GI m
$1 p-J h = 41.47'31'
R = 24.49'
L = 17.86' s (Io.26'Si' E QB.LB'
S 54'38'12' E 0.44'
ITJ s 35.21'4~' n 8.00'
A - 79'03'32'
R = 24.49'
L - 33.79'
S 71.28'25. E 8.46'
S 20.46'21' E 11.78'
- S W25'51' E 128.82' -
A - 37.16'01'
L - 15.93'
-S 89.25'51. E 1OS.lS'
s W25'5i* E 233.iO'
FRED J. XUHEMUUE
Exp Date 9/30/93 PRIVATE SEWER EASEMENT
DETAIL
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
December 6, 1990 , fron1 Ray E. Escano and Niki L. Esc,
to the City of .............................................
Carlsbad, California, a Municipal Corporation, is tiereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Itesolution NO. 91-19 , adopted on January 153 1991
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED : January 16, 1991
BY:
NZ, City CleY
KAREN R. KUNDTZ, Assistant City (
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1 RECORDING REQUESTED BY: City of Carlsbad
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This covenant for easement provides for a private dra
easement 6' wide running north and south along western boui
line of Lots 2 and 3 and the southern most five feet of 1
running to Lot 5 over, across and upon the burdened propert
the benefit of the property benefitted and shall be enforceab
the City and the Owner of the property benefitted and any su
sors in interest to the property benefitted by this covenant
This covenant for easement shall run with the land, an
burdens of the covenant shall be binding upon and the benef
the easement shall inure to the benefit of all successors t
real property.
Dated: 12- 3'- 4 D .
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTAC
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETA
ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF
DOCUMENT.
THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWER11
ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BO2 DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETj
INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL
SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTI
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENAl
EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RI
THERETO
Approved as to form:
Q k&.
VINCENT F. BIONDO, JR., City Attorney
/ +/%,
Agreements/AG-5.FRM
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EXHIBIT A
LEGAL DESCRIPTION:
THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST
HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON
THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF
THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF
OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO.
90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP NO. 12779 AND THE CENTERLINE OF SAID VACATED ALLEY, SOUTH
OOO32’42” WEST 95.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH OOO32’42” WEST 130.00 FEET: THENCE LEAVING SAID WESTERLY LINE, SOUTH 89O25’51” EAST
106.19 FEET: THENCE NORTH 12O14’36’’ EAST 5.11 FEET: THENCE NORTH
89O25’51” WEST 101.22 FEET; THENCE NORTH OOO32’42’’ EAST 125.00 FEET: THENCE NORTH 89O25’51’’ WEST 6.00 FEET TO THE TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
14
I’ & /?/4/% FRBS J.~UNEMULLER, LS 4429
FRED J. HUHEMULLER
PAGE 1 OF 1
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EXHIBIT B
LEGAL DESCRIPTION:
THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO.
90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY: THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 4 AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, SOUTH 89O25’51” EAST 99.65 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
90”OO’OO” A DISTANCE OF 31.42 FEET TO THE POINT OF REVERSE CURVATURE OF A 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THAT IS IN THE WESTERLY SIDELINE OF TUTTLE STREET AS SHOWN ON RECORD
OF SURVEY MAP NO. 12779; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55O12’21’’ A DISTANCE OF 75.15 FEET: THENCE TANGENT ALONG THE SOUTHWESTERLY SIDELINE OF TUTTLE STREET, SOUTH 54”38’12” EAST 68.99 FEET TO AN ANGLE POINT AS SHOWN ON RECORD OF SURVEY MAP NO. 12779; THENCE
LEAVING SAID SIDELINE OF TUTTLE STREET, SOUTH 35”21’48’’ WEST
100.00 FEET: THENCE SOUTH 54O38’12” EAST 120.00 FEET; THENCE
SOUTH 35O21’48” WEST 31.64 FEET TO A LINE THAT IS PARALLEL WITH
AND 300 FEET DISTANT SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY
LINE OF SAID TRACT 4: THENCE ALONG SAID PARALLEL LINE, NORTH
89O25’51” WEST 233.10 FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE SOUTHWEST CORNER OF RECORD OF SURVEY MAP NO. 12779;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP
NO. 12779, NORTH OO”32’42” EAST 300.00 FEET TO THE POINT OF
BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
/A /&L/90 &y /
I FRE’D JJHUNEMULLER, LS 4429
FRED 5 HUNEMUUER
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BOUNDARY DIMENSIONS 91 3
?I
-1
$1
001
rn N 88.10'30' E 5.00' [RAD)
b - 41.47'31'
R - 24.49'
L - 17.86' =I
R S 54.38'12' E 0.44' m S 35.21'48' W 8.00'
a b - 79.03'32'
S WiE5'51' E S9.65'
S 71.28's' E e.&'
R - 24.49'
L = 33.79'
t 89.sS'si- E 12e.W'
. '& - 3ri6'01'
__ S WZ3'51' E 101.22'
S W25'51' E 108.19'
-------
9 W25'51' E 233.10'
FRED 5 HUNEMULLEF
PRIVATE DRAINAGE EASEMENT
DETAIL
No Scale
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
December 6, 1990 , from Ray E. Escano and Niki L. Escar
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. 91-19 , adopted on January 15, 1991
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: January 16, 1991
BY:
@LJ&HA Ldk&2! u ENK~NZ, city Clerl
KAREN R. KUNDTZ, Assistant City C'
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91-19 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING TWO COVENANTS FOR EASEMENTS PR 3.2.39
AND PR 3.3.20
WHEREAS, Ray E. Escano and Niki L. Escano have submitted two Agreements cre
covenants for easements to the City of Carlsbad for private drainage purposes PR 3.2.2!
private sewer purposes PR :3.3.20 over across and upon Lots 2 and 3 for drainage anc
1, 2, 3 and 4 for sewer of proposed CT 89-35, benefitting all of proposed CT 89-35, to \
the City of Carlsbad is a patty of interest; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the I
interest to accept said Covenant of Easement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carl
California, as follows:
1.
2.
That the above recitations are true and correct.
That the Covenants of Easements from Ray E. Escano and Niki L. Es
dated December 5,1990, conveying an easement for drainage purposes over Lots 2 an
proposed CT 89-35 and also conveying an easement for sewer purposes over Lots 1,2,
4 of proposed CT 89-35 is on file with the City Clerk and is incorporated herein by refei
is accepted.
3. That the City Clerk is authorized to cause both above mentioned Covena
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Easement to be recorded in the Office of the County Recorder of San Diego County, Si
California, with appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
1991 held on the 15th day of Januaryl99p by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton and Nygaari
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
Q4ad. &A&)%% NZ, City Clerk
(SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
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