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HomeMy WebLinkAbout1991-03-19; City Council; 11068; ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF LOT 2 OF MS 811* rf 4 . I r a,., 2s: & L .. z 0 4 =! 0 z 3 0 0 5 GI ImUF GARLSBAD - AGENDWILL 'd' c - 7 DEPT. H CITY AT CITY M( ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF LOT 2 OF MS 81 1 AB#.-- TITLE: MTG. 3-19-91 DEPT.ENG. RECOMMENDED ACTION: Adopt Resolution No. 91-85 accepting a Covenant for Easement for drainage purF and direct the City Clerk to cause said covenant of easement to be recorded in the of the County Recorder. ITEM EXPLANATION: As a condition of approval of Minor Subdivision 811 the owner, Robert J. Roy required to enter into a covenant of easement for a drainage easement benefitting P 1 of proposed Minor Subdivision Ell 1. Said subdivision is located on Adams Street i 1/3 block north of Chestnut on the west side of the street. FISCAL IMPACT: Requiring creation of the Covenant for Easement will not cause any fiscal impact tc City and will allow for orderly development of the involved properties. EXHIBITS: 1. Location Map. 2. 3. Covenant for Easement from owners dated December 20, 1990. Resolution No. %-8S accepting a Covenant for Easement for drainage purp and direct the City Clerk to cause said covenant of easement to be recordc the office of the County Recorder. -_. - . . __ .-- ~ ---- - -- -.. __ -- -- -- - - - -. -- __ - SCALE: 1” =‘ 200’ e 0 RECORDING REQUESTED BY: 1 City of Carlsbad 1 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Avenue ) Carlsbad, California 92008 1 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) Robert J. Royce, an unmarried man hereinafter referred Owner creates a covenant for easement for the purpose s hereon; over, across and upon the real property describf Exhibit rtA1l for the benefit of the property referred to in Ex llBll. This covenant for easement may be released only accordi the procedures established by law if it is determined by the that the covenant is no longer needed to achieve the land use of the City. This covenant for easement is required by a conditi approval for a tentative map Number MS 811 issued by the Cj Carlsbad for development located on real property describ Exhibits rlA1l and llB1l. The property burdened by this covenant for easemei described as follows: See Exhibit irA1l attached hereto and made a part hereof# Exhibit llC1l is provided for clarity only. The property benefited by this covenant for easeme described as follows: See Exhibit tlB1l attached hereto and made a part hereof Exhibit I1Cl1 is provided for clarity only. Agreements/AG-5.FRM ,A 1, t . I v I a e This covenant for easement provides for 5 foot wide E driange easement over, across and upon the burdened proper the benefit of the property benefited and shall be enforce, the City and the Owner of the property benefited and any SUC in interest to the property benefited by this covenant. This covenant for easement shall run with the land, burdens of the covenant shall be binding upon and the ben the easement shall inure to the ben all successors real property. Dated: iq7/70 (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE AT' NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRE ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECR THE CORPORATION8 UNDER CORPORATE SEAL SPECIFICALLY EMPOWE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WI SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MA IT IS RECOMMENDED THAT8 PRIOR TO THE EXECUTION OF THIS COVE EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE THERETO Approved as to form: ty Attorney Agreements/AG-5. FRM 0 e i La 1 I STATE OF CAL ORN )ss COUNTYOF gan Fiego ) On - December20, 1990 ,before me, the understgned, a Notary Public in and for Robert J Royce - ....................... 0 \ S satd Stale. personally appeared ____ c I- C - - _____ m ; - - E Q E U. c d 3 ? - c ?I WITNESS my hand and official seal 2 okdQ&d~& a Signature c personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/aresub- scribed lo the within instrument and acknowledged to me that he/she/they executed the same. 7) - --.-A. d.....h--* (This area for official notarial seal) .- 0 Paula Mann Largent .. .. ” - - _-__I- _cp-.--I---... *I I \ \ \ 0 0 LAND SPACE ENGINEERING 201 E. Grand Ave., Ste. 2-F Escondido, Ca 92025 (619) 741-2689 12-19-90 EXHIBIT 'A' - DRAINAGE EASEKEN!P AN EASEMENT FOR PRIVATE DRAINAGE PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 5.00 FEET WIDE, BEING A PORTION OF LOT 2 OF OPTIMO TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1805, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 4, 1924, THE WESTERLY AND NORTHERLY LINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89'33'43" WEST 129.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 0'20'09" WEST 86.00 FEET TO A POINT IN A LINE PARALLEL TO AND 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING, SOUTH 0 ' 20 ' 09 'I WEST 15.00 FEET TO A POINT IN A LINE PARALLEL TO AND 5.00 FEET NORTHERLY OF SAID SOUTHERLY LINE; THENCE, ALONG SAID PARALLEL LINE, NORTH 89'33'43" WEST 105.84 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID LOT 2, BEING THE POINT OF TERMINUS. EXHIBIT 'B'- BENEFICIARY PARCEL THAT PORTION OF LOT 2 OF OPTIMO TRACT, IN THE CITY OF CARLSRAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1805, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 4, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89'36'43" WEST 129.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 0 '20 ' 09 'I WEST 86.00 FEET TO A POINT IN A LINE PARALLEL TO AND 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 2; THENCE, ALONG SAID PARALLEL LINE, SOUTH 89'33'43" EAST 129.00 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 2; THENCE, ALONG SAID EASTERLY LINE, NORTH 0°20'098* EAST 86.00 FEET TO THE POINT OF BEGINNING. I > EXHIBIT 'C' ---- ---- UND SPACE EN( m-*3 1 2 3 4 5 6 Ei 7 8 9 10 'X 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 91-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A COVENANT FOR EASEMENT. WHEREAS, Robert J. Royce has submitted an Agreement creating a cover easement to Parcel 1 for drainage purposes over across and upon a portion of P benefitting Parcel 1 of proposed Minor Subdivision 811, to which the Cily of Carkt party of interest; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in tht interest to accept said Covenant of Easement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of C: California, as follows: 1. 2. That the above recitations are true and correct. That the Covenant of Easement from Robert J. Royce, dated Decem 1990, conveying an easement for drainage purposes over Parcel 2 to Parcel 1 of prc Minor Subdivision 811 which is on file with the City Clerk and is incorporated hei reference, is accepted. 3. That the City Clerk is authorized to cause the Covenant of Easement tc 111 Ill I// //I Ill /I/ Ill Ill -1 - I 1 2 3 4 5 6 7 a 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 Californi appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C held on the 19thday of March , 1991 by the following vote, to wit: AYES; NOES: None ABSENT: Non Council Members Lewis, Kulchin, Larson, Nygaard and ATTEST: u -9. fy ALETHA 1. RAUTENKRANZ, City Clerk (SEAL) -2- I,