HomeMy WebLinkAboutCT 81-10; WILMA PACIFIC, INC.; 90-014539; Covenant-^ > \< .-a
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RECORDING REQUESTED BY: 1 City of Carl sbad 1 1
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WHEN RECORDED MAIL TO: 1
City Clerk 1 City of Carlsbad ) 1200 Elm Avenue 1 Carl sbad, Cal iforni a 92008 I
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PR 2.3.32 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)
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Wilma Pacific, Inc. 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 "6". This covenant for easement may be re1 eased only according to
the procedures establ ished 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
Grading Permit Number PE 2.89.25 issued by the City of Carlsbad for development
located on real property described in Exhi bits "A" and "B'l.
The property burdened by this covenant for easement is described as
fol 1 ows :
See Exhibit "A" attached hereto and made a part hereof. Exhi bit "C"
is provided for clarity only.
The property benefited by this covenant for easement is described as
fol 1 ows :
See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only.
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This covenant for easement provides for reciprocal access and drainage
easement over, across and upon the burdened property for the benefit of the
property benefited and shall be enforceable by the City, by the Owner of the
property benefited and by the 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 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.
Dated: November 9, 19 89 Wilma Pacific, Inc.
By : fl&u+wL" William A. Budge, Vice Presidefl
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By: .A
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Loren Wxrucker, Assistant Secza;
(NOTARIAL ACKNOWLEDGEMENT 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 TRUE COPY OF W.,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 SIGNING 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:
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VINCENT F. BIONDO, JR., City Attorney
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I Jss. 1 STATE OF CALIFORNIA Orange
COUNTY OF
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S On November 9, 1989 i= 2 said State, personally appeared William A. Budge
, before me, the undersigned, a Notary Public in and for
and 0 ,- L :
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A ECJ .- Wilma Pacific, Inc.
Loren W. Brucker , personally known to me (w
5 p v) to be the persons who executed the within instrument as
GE Vice President and As st Secretary, on behalf of
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-0 - .D mo b 5 the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its Q.5
I by-laws or a resolution of its board of directors.
6j ? WITd hand and official s
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Legal Description
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J-10800
LOT 34: COVENANT FOR RECIPROCAL
ACCESS AND DRAINAGE EASEMENT
By : JLW/kq
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Order No.
Date __ ,
I Descr.
Rev. BY "" I
Date : October 13, 1989
Page 1 of 1 IIEXHIBIT AI'
An easement in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 34, as shown on Map No. 11134 recorded January 31, 1985 per file No. 85-034075, said map being
on file at the Office of the County Recorder in said County, in
said State, more particularly described as follows:
A strip of land being 24.00 foot wide, lying 12.00 feet on each
side and parallel with the following describe centerline:
COMMENCING at the Southwest corner of said Lot; thence along the Westerly boundary line thereof, North 10"1813911 West 86.04 feet to the TRUE POINT OF BEGINNING; thence leaving said boundary line North 79°4112111 East 285.00 feet; thence North 10°1813911 West
291.84 feet; thence North 84"51120r1 East 218.87 feet; thence
radially North 67°3010011 West 19.74 feet to the POINT OF
TERMINATION, said point being on an arc of a 60.00 foot radius curve concaved Northerly and the Northerly boundary line of said Lot 34.
The sidelines of said easement shall be lengthened or shortened to begin on said Westerly boundary line and shall terminate on said
Northerly boundary line. .-
PACIFICA BUSINESS PARK
I PE 2.89.25
PR 2.3.32 'I A I'
RE102 C e3
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Legal Description
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Order No. I
J-10800 i 1
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By : J LW/ kq 1 Descr. j ' Rev. @y ~
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Date : October 16, 1989
PROPERTY BENEFITTED:
Lot 35 per Map
85-034075, all in
of California.
11134 recorded January 31,
the City of Carlsbad, County
1985 per Fil
of San Diego, .e No.
State
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PROJECT NAME : PROJECT NO. :
PACIFICA BUSINESS PARK EXHIBIT P.B. 333
PE 2.89.25
PR 2.3.32
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ACCESS AND DRAINAGE $3
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(/?I- - //YD/cATES /QADIAL BfAfllNNG PQG. - INDICA TES FiXATUF6UMB€~CMf~T TI?^ 6: - IflUGA 7FS TRU€ PUNT Of BEG/llNG
19sv I'.lorn.r O.L. \by
ECIPROCAL ACCESS AND DRAINAGE
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C.11.ld.CA 91W> 11aI'J) 4.ll.IIIYI
EASEMENT LOT 34
PACIFICA RLJSINFSS PARK
PROJECT NO.
PE 2.89.25,PR 2.3.32 EXHIBIT " C "
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
November 9, 1989 , from Wilma Pacific, Inc.
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. 89-440 , adopted on December 19, 1989 Y
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: December 21, 1989
BY:
m1: , City Clerk
EN R. &DTZ, Dzy City Clerk