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HomeMy WebLinkAboutCT 01-12; Spano, Joseph and Nadja; 2004-0505557; Covenantn RECORDED AT THE REQJgKT OF CHICAGO TITLE COM^Y SUBDIVISION DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 18826 2004- JUN OIL* 2OO4 2:16 PM OFFICIAL RECORDS SftH DIEGO COiHTY RECORDER'S OFFICE GREGORY J. SMITH, COIMY RECORDER FES: 0.00 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 03-102 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:/Devetopment Services/Wasters/Qeeds-Grant Deeds-Easemenls/Covenant for Easement Rev. 4/28/97 18827 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for private reciprocal access purposes 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:S^-^^^^2g> K2y£w*-Q » Josfifih E. Spano Dated: Nidja 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 AttoVney Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 18828 State of California County of San Diego On (Date) personally appeared before me, (Name, Title of Officer) (Namefs] of Signers]) L n personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) jfe/are subscribed to the within instrument and acknowledged to me that hje/^he/they executed the same in lyis/hter/their authorized capacity(ies), and that by his/her/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 official notary seal) Title or Type of Date Document Signer(s) other Document C0$mh$f] of ai M~M**T than named above fi^VW*** No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 18829 COVENANT FOR EASEMENT LEGAL DESCRIPTION OF EASEMENT FOR RECIPROCAL ACCESS PURPOSES EXHIBIT "A" PR 03-102 AN EASEMENT 15.00 FEET WIDE FOR ACCESS PURPOSES OVER A PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP THEREOF NO. S FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DATED //>/<-/£> H AS FILE NO.Oct~£ff*£O-r THE NORTHERLY LINE OF SATO 15.00 FOOT WTDEEAS ' BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 2, BEING A POINT ON THE WESTERLY LINE OF ADAMS STREET AS SHOWN ON SAID CT 01-12; THENCE NORTH 89* 33'42" WEST 145.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT 2. THE SOUTHERLY LINE OF SATO EASEMENT TO BE EXTENDED OR SHORTENED TO TERMINATE AT THE WESTERLY LINE OF SATO ADAMS STREET. 2175 SQ. FT. APR 1 h 2004 ENGINEERING DEPARTMENT 18830 COVENANT FOR EASEMENT LEGAL DESCRIPTION OF EASEMENT FOR RECIPROCAL ACCESS PURPOSES EXHIBIT "B" PR 03-102 LOT 4 OF CITY OF CARLSBAD TRACT NO. 01-12 RIVA GARDENS ACCORDING TO MAP THEREOF NO. I H& AS FILED.IN THE OFFICE OF THE COUNTY RECORDER OF SAN \6 V AS FILE NO. 6*-/-QS2irJX~Z __DIEGO COUNTY DATED 18832 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 City Clerk