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HomeMy WebLinkAboutCDP 01-04; ; 2001-0683273; Covenant, DOC # 2001-0683273 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SEP 24s 2001 8:35 GM OFFICICY REmDs SON DIEGD UMTY REfJMER’8 OFfXE GaaRIJkEiFTH, @70- : . SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 204-253-l 5-00 PROJECT NO. & NAME: PR 01-64 White Water Estates, Lot 20 (CDP 01-04) 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) Algie R. Corbin and Pamela R. Corbin, Husband and Wife as Joint Tenants, 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 3”. 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 Coastal Development Permit number CDP 01-04 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: 1 MastesfFormXovenant for Easement Rev. 4/28/97 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for drainage 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 for easement shall be binding upon and the benefit of the covenant for easement shall inure to the benefit of all successors in interest to the real property. Dated: &-+ //- fl Algie Ft. Corbin Husband as Joint Tenant (print name here) Dated: T~v\P \ \ , ZXNJ/ (sign na#ne here) Pamela R. Corbin, Wife as Joint Tenant (print name here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE 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 SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: h RONAL R. BALL I 2 MasterdFomWCovenanl for Easement Rev. 4l2&37 State of California County of San Diego ) On &4;te,‘I~ I b& \hisr ; @%i@wt u before me, 1 (Name, Title of Officer)’ personally appeared 8 && @I &op15;J ,4#J PMti &, u> e4 (Name[s] of Signer[s]) L . personally known to me -OR - l (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) $/are subscribed to the within instrument and acknowledged to me that T/qe/they executed the same in h’ / PP r/their authorized capacity(ies), and that by hp/v/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for Title or Type of Document &/@N w @&#a t Date of Document 4 l‘G( No. of Pages 1- Signer(s) other than named above I MasterdFormdCovenant for Easement 4 Rev. 4/28/97 EXHIBIT ‘A’ LEGAL DESCRIPTION PR 01-64 ALL THAT PORTION OF LOT 2 IN BLOCK “G” OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5,1923, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 5.00 FEET OF LOT 2 PER SAID MAP NO. 1747 EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2 AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED SEPTEMBER 17, 1934 IN BOOK 319, PAGE 417 OF OFFICIAL RECORDS. CONTAINS 501 SQUARE FEET MORE OR LESS. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. c H:UanddevelopmentVddl\2975\DOCUMENTS\Prc 08/07/01 /’ : ._, ,* hr j,’ _ EXHIBIT ‘B’ LOT 20 IN BLOCK “G” OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5,1923. PR 01-64 H:Uenddeve/opmentVddl\2975\DOCUMENTSIProp-Esmfs\2915Lof2DmgEsmtdoc 08/07/01 EXHIBIT “Cw SWLQQBS CARLSASADR BLVD CARLSMI, CA 92008 APPLICANT MR. AL CORBIN 167 REDWOOD AM. CARLSBAD, CA 92008 1 0 I 8 I “1 mi RECORD DATA. DENOTES AREA OF Celilrrnia Ctrptrafiea EASEMENT ACQUISITION 0lp0rol@ Offlcs: 7Bo.942.5147 501 SQ. FT. MORE OR LESS 35 Third Slti Fox 760.6320164 iclnifar, CA 92024 PR 01-64 :\Landdevelopment\Ldd1\2915\dwg\Esmts\2915-SD-Esmt-Lot2~dwg 08/07/01 02:Ol:ll PM PM PDT 1 SHEET 1 OF 1