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Home My WebLink About1990-09-04; Municipal Water District; 047; Covenant for Easement for Village FaireF. -- ‘CMWD - AGENDA BILL ,a#- TlTLP ITG.qlyj9a. -ACCEPTANCE OF COVENANT FOR EASEMENT FOR VILLAGE FAIRE, M.S. 777 I WT. ENG. CMWD PROJECT NO. 83-C-63 RECOMMENDED ACTiON: Adopt Resolution No. 684 accepting a Covenant for Easement for Waterline purposes. ITEM EXPLANATION: T.I.L., LTD., a California Limited Partnership, and T.I.O., LTD., a Califoynia Limited Partnership, developers of the subject project, have granted a covenant for easement as directed in the attached documents. This covenant for easement is granted to the District to provide for reciprocal private access, parking and drainage easement over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the District, by the Owner of the property benefited and by the successors in interest to the property benefited by this covenant. This covenant for easement is required as a condition of approval for a Minor Subdivision No. MS 777 issued by the City of Carlsbad for development located on real property described in Exhibit @@Al' and rlBrl . Engineering Staff has reviewed the Covenant for Easement and find it satisfactory for its intended purposes. FISCAL IMPACT Requiring covenant for easement dedications for water system improvements will save the District expenses in future easement acquisitions. EXHIBITS 1. Location Map. 2. A Covenant For Easement document from T.I.L., LTD. AND T.I.O., LTD. dated April 16, 1990. 3. Resolution No. 684 accepting Covenant For Easement for waterline purposes. CMWD 83-C-63 . I i LOCATION MAP ^i vJ/va-hl4TOhl S-REE-T- / \ <PROJECT SITE-\ COVENANT OF EASEMENT-, yy, Phrzc6Lh ./ 1 1 PROJECT NAME: VILLAGE FAIFZ, M.S. 777 PROJEC? No EXHIBIT j; -83-C-63 1 4 I 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. 684 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A COVENANT FOR EASEMENT. WHEREAS, T.I.L., LTD., a California limited partnership, and T.I.O., LTD., a California limited partnership, has submitted a Covenant for Easement to the Carlsbad Municipal Water District for waterline purposes over a portion Parcels r*Afg and Parcels llBll, Parcel Map No. 1661, Carlsbad Tract 96; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to accept said Covenant for Easement; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the Covenant for Easement from T.I.L., LTD., and T.I.0, LTD. dated April 16, 1990 providing for reciprocal private access, parking and drainage easement over, across and upon the ,burdened property benefited and shall be enforceable by the ~District, by the Owner of the property benefited and by the I 'successors in interest to the property benefited by this covenant. This covenant for easement is required as a condition of approval for a Minor Subdivision No. MS 777 issued by the City ~ 'of Carlsbad for development located on real property described in Exhibit "A" and "B" attached thereto and made a part thereof, over a portion of Parcel No. A and B and Parcel Map No. 16-61 which is on file with the City of Carlsbad and is incorporated herein by reference, is accepted. 3. That the Secretary of the Board is authorized to cause the Covenant of Easement to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlssad Municipal Water District held on the 4th day of September I 1990 by the following vote, to wit: AYES: Board Members Lewis, Larson, Mamaux and Pettine NOES: None ABSENT: Board Member Kulchi ATTEST: ALETHA L. RAUTENKRANZ, Secketary (SEAL) CMWD 83-C-63 932 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: Carlsbad Municipal Water District 59.50 El Camino Real 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) T.I.L., LTD., a California Limited Partnership and T.I.O., LTD., a California Limited Partnership 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 District that the covenant is no longer needed to achieve the land use goals of the District. This covenant for easement is required by a condition of approval for a Minor Subdivision number MS 777 issued by the City of Carlsbad for development located on real property described in Exhibits “A” and “B”. 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 benefited 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. This covenant for easement provides for reciprocal private access, parking and drainage easement over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the District, by the Owner of the property benefited and by the successors in interest to the property benefited by this covenant. ,. ’ b . . , .’ .- This covenant for easement shall run with the land, and the burdens of the covenant of easement shall be binding upon and the benefit of the covenant of easement shall inure to the benefit of all successors in interest to the real property. n-tad. U - / (.. -C; L3, TTT Tmh - ..a- - -. . _ _ On this the / 2 day of ,990 I -, before me, . A hc?z L/j?&&& ~ I the undersigned Notary Public, personall ~;1/dL * z+%w&46wm 9 0 personally known to me 6 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA Sl36r (Partnership1 STATE OF CALIFORNIA ss. :: .p ( : r-. COUNTY OF ’ i . “_I. I I on fir;Jf‘ !’ i: ,c c, :‘ . before me, .P “,, . I . ’ 3 ‘< /. : ,-. .- ,‘- I a Notary Public in and for said State, pereonally appeared “. --_, y . ..Z.L!_ , -A, 6, z L E (knownio me) , (or proved to me on the baris of satisfactory evidence) to be c. c. i of the artners of the rtnership that executed tbe within instrument. an S ecfkmethat acknowledg such partnership executed tbe same. WITNESS my hand and official seal. r, ’ A sgrk?lture ( ’ L/f.. !‘\ ? ‘“1 ! -I /j ,. : > ,? / -Y I Form 3215 (CA 12-82) (Thin .w for of/icLf momid maI) V 935 EXHIBIT A (PARCEL B) All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows: Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55"28'39" West (South 55"27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29'41" West, 2.00 feet to a line 2.00 feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING; thence North 34"29'41l' West, 101.09 feet; thence North 79"29'41t1 West, 25.46 feet; thence North 34"29'41t' West, 39.50 feet; thence North 79'29'41V1 West, 25.92 feet: thence South 55"30t19Vt West, 24.67 feet; thence North 34"29t41tf West, 8.50 feet; thence South 55"30'1911 West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the Office of the County Recorder of San Diego County; thence northwesterly along said parallel line, North 34"32'22V' West, 62.78 feet, to an intersection with the lands described in quit claim deed to Bette M. Carpenter, Recorded: October 22, 1957, in Book 6802, Page 596 of official records; thence northeasterly along said Carpenter's land, North 55”27’38vt East, 49.00 feet; thence continuing along said land, North 34"32'221V West, 50.00 feet, to the southeasterly most corner of land described in deed to Carlsbad Journal, recorded: December 10, 1962, as File No. 209546 of official records; thence continuing along the east line of said Carlsbad Journal's land, North 34°32t22ft West, 50.00 feet: North 55"27'38" East, 30.00 feet; North 34”32’22tW West, 49.96 feet to an intersection with the northerly line of said Tract 96; thence northeasterly along the northerly line of said tract, North 55"28'53" East, 307.23 feet; to the beginning of a tangent 25.00 foot radius curve, concave southeasterly; thence northeasterly and southeasterly along the arc of said curve, through a central angle of 90"03103V', a distance of 39.29 feet; thence tangent to said curve, and parallel with the westerly side line of Washington Avenue as shown on said Record of : ,, . 936 Survey 9536, South 34"28t04tt East, 348.25 feet, to the beginning of a tangent 25.00 foot radius curve, concave southwesterly, thence southeasterly and southwesterly along the arc of said curve, through a central angle of 89"56'43", a distance of 39.25 feet; thence tangent to said curve, along a line that lies 2.00 feet northwesterly and parallel with the southerly line of the above described Tract 96; thence southwesterly along said parallel line, South 55"28'39tt West, 209.70 feet to the TRUE POINT OF BEGINNING. ‘-. - -2 37 EXHIBIT B (PARCEL A) All that portion of Tract 96 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being more particularly described as follows: Beginning at the southeasterly most corner of said Tract 96; thence southwesterly along the southerly boundary of said Tract, South 55'28'39" 'West (South 55'27' West, Map No. 1661) 242.68 feet; thence leaving said boundary, North 34"29'41" West, 2.00 feet to a line 2 .oO feet northerly and parallel to said southerly boundary, being the TRUE POINT OF BEGINNING; thence North 34"29'41" West, 101.09 feet; thence North 79"29'41" West, 25.46 feet; thence North 34"29'41" West, 39.50 feet: thence North 79"29'41tf West, 25.92 feet; thence South 55"30'19" West, 24.67 feet: thence North 34'29'41" West, 8.50 feet: thence South 55"30'19" West, 115.22 feet, to a line 1.00 foot easterly and parallel with the easterly side line of Carlsbad Boulevard, as shown on Record of Survey Map No. 9536, recorded December 30, 1983 in the office of the County Recorder of San Diego County; thence southeasterly along said parallel line, South 34"32'22" East, 160.51 feet, to the beginning of a tangent 25.00 foot radius curve, concave northeasterly, thence southeasterly along the arc of said curve, through a central angle of 89"58'59", a distance of 39.26 feet; thence tangent to said curve, along a line that lies 2.00 feet northerly and parallel with the southerly line of the above described -Tract 96, northeasterly along said parallel line, North 55'28'39" 151.08 feet, to the TRUE POINT OF BEGINNING. thence East, . . ., 932 LXHIBIT C PLAN TO ILLUSTRATE PiRCEiS A 60; lRAC1 %, MAP IdLl , IN THE CIlY OF CARLY3,4D,CCiJ~l'f~F SAN DIEGO, 3TAlE OPCAWORtJIA 1 b&bf Mwf Cop)\1~~,1~19~~ -a/. WASHINGl6N 6WE-l' 1 . . 1 --I- - IO\ .oo)’ 0 N W%T'bl*W 0 2 N'M'29'~l'W 0 3 NM'Z9'41' bl @ N 7(1'Za)"l'h) 0 9 4w W'I9W 0 up N ?d"Z9'dl' Id @ Srjrj0?o'19'bJ 0 8 N B4*?dZZ"ti 0 9 NWZl'~$"E m.ti 39.m’ mL32’ 24.01’ 0.50’ llS.22’ bz.18’ mco’ @ @mz’&‘lrJ 4o.m’ 0 II NW?$‘ZZ~ hl Ijo. 0 12 WWSB” E 3o.m’ 0 lr3 4 ??4w’ZZ”E loo.61’ 0 Ia A* tMwh?f !w.w’ l/?%?w 0 I9 Id w: 28’3m 1cjl.00’ 0 lb N\1&e3z’22’~ 43.9d 0 I7 6390°0~03* jlrzzj.w'Lw.zf @I b~~'cjcp'~ rz92cm' l/?m!d CARL4An t+#ARU * -- ltorJAL0 I,. HOLLOMY, W 292-U MY wmTl~E)(pIpE4:3*313I' PROJECT NAME: PROJECT EXHIBIT VILLAGE FAIRE, M-S. 777 No . 83-c-63 "C" I I ---- ,* , . ., . + ,. I .t I’, 939 * EXHl0lT c: PLAN TO ILLUSTRATE THE IO’ WIDE COVENANT FOR PRIVATE WATER EASEMENT IN THE CITY Of CARLSt!W, COUNTY OF SAN MEGO , STATE. OF CALIFORNIA I PAW% 15 . . . . . :".* .'. ;... ..,.. I w : : . <*.& . . : '.: : : ;+\:.r i : ',"% *. ._. -s? CiKLS0AO BOULEVARD --Ah PROJECT NAME: PROJECT EMBIT VILLAGE FAIRE, M.S. 777 NO 83-C-63 “C” . #. c. I - * . - .’ 940 LOCATION MAP- -l \ . L PROJECT SITE---. PAWL 0 COVENANT OF EASEMENT? PhW3L A I CB NO 4cAl& PROJECT NAME: VILLAGE FAIRJZ, M.S. 777 PROJECT EXHIBIT No .83-C-63 1 1 ‘ 941 This is to certify that the interest in real property conveyed by the Covenant for Easement dated April 16, 1990, from T.I.L., LTD., a California limited partnership, and T.I.O., LTD., a California limited partnership, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on September 4 , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: dl-dd&/fl&~ ALETBA L. RABTENKRANZ, Secretky Carlsbad Municipal Water District CMWD 83-C-63 I . CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated April 16, 1990 -, from . T.I.L., Ltd. 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. 684 , adopted on September i+, 1990 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 6, 1993 BY: ALETHA L. .RAUTENKRANZ, City Clefk