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
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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.
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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
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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
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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)
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Paula Mann Largent
.. .. ” - - _-__I- _cp-.--I---... *I I
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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'
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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
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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)
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