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Home My WebLink AboutCT 01-12; Spano, Joseph and Nadja; 2004-0505554; CovenantRECORDED AT THE REQUEgfc>F CHICAGO TITLE COMFttW SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 18805 DOC f 2004=0505554 JUN O1* 2OO4 2=16 OFFICIAL RECORDS SAN DIEGO COUNTY ECQRDER'S OFFICE GREGORY J. SMITH* COUNTY RECORDER FES: 0.00 PM ' ' • i f. 206^0505554;:; j; i, Ili'l "M" ijj.,u^1:..!-:i.,iJ..._ist:__i::ijii.i~jjlL.L.LJJjiL..ii!!!:JI SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 205-112-11 205-112-18 PROJECT NO. & NAME: CT01-12 Riva Gardens PR 03-99 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) Joseph E. Spano and Nadja A. Spano, 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 "B". 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 of CT 01-12 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 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 18806 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private drainage purposes oven 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: E. Spano Dated: ' Nadja A'. Spano (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 ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City AttorYiey Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 18807 State of California County of San Diego On (Date^ personally appeared before me, (Name, Title of Officer) &. (Namefs] of Signer[s]) t D personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ig/are subscribed to the within instrument and acknowledged to me that hfe/sh^/they executed the same in hJp/hesr/their authorized capacity(ies), and that by ftis/hter/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 Signatu & (This area for official notary seal) Title or Type of Document ^W^^Hvj p2fi- &&5%Jtyit£l Date of i Document ^ n M• r Signer(s) other than named above No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement 18808 COVENANT FOR EASEMENT LEGAL DESCRIPTION OF EASEMENT FOR PRIVATE DRAINAGE PURPOSES EXHIBIT "A" PR 03 -099 AN EASEMENT 7.00 FEET WIDE FOR PRIVATE DRAINAGE PURPOSES OVER A PORTION OF LOT 4 CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP THEREOF NO }4<^>1C1 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DATED 6/t/W AS FILE NO. 0^-QQ>^^~'2^ BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 5 OF SATO CT 01-12;THENCE SOUTH 89C133'42" EAST 7.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 5; THENCE SOUTH 00° 20'09" EAST 15.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 4; THENCE NORTH 89'333'42" WEST 1 16.72 FEET TO THE SOUTHWESTERLY CORNER OF SATO LOT 4; THENCE ALONG THE WESTERLY LINE OF SAID LOT 4 NORTH 00°21'33" WEST, 7.00 FEET; THENCE ALONG A LINE 7.00 FEET NORTHERLY AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT 4, SOUTH 89° 33'42" EAST, 109.72 FEET; THENCE NORTH 00°20'09" WEST 8.00 FEET TO THE POINT OF BEGINNING. 873 SQ. FT. APR 1 *» 2004 ENGINEERING DEPARTMENT 18809 COVENANT FOR EASEMENT LEGAL DESCRIPTION OF EASEMENT FOR PRIVATE DRAINAGE PURPOSES EXHIBIT "B" PR 03-099 LOT 5 OF CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP THEREOF NO. IHlbl'l AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DATED (? \\ ] 0*\ AS FILE NO. D«4 - D ?"£> 18811 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant For Easement dated April 7, 2004 from Joseph E. Spano and Nadja A. Spano. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 26, 2004 ssistaiit City Clerk