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Home My WebLink AboutCT 89-39; ESCANO, RAY & NIKI; 1991-0041046; CovenantI 'e 0 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City Clerk's Office City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 ,490 a;iahg d 1 t r=%xy 5 T SKk 7 $ F -c*=i. ~~~+~~~~~ 5 p:; ..' LC?& & .:sz-T2:j-i 120: *." ;;k;'; ;isif 22 L, jifii bi?i ) 1 1 1 1 1 1 1 I'.;<..:I -. . . . .. T>Tf"i..? rsjitjy gy7gyps c GCCTrC ;.ni-$ yii,3,> ._.:db,l,t . x..~~~,~2c.~. .d iji i L'".L ?5~~;.!p'~E C: 19::';' . !??!j\JT'j REiCERCER TIii1.i 2 :i *'is $4, P ii .. rrfc i fi ;-, :-: ; tl.i= ..! _- ~ 1.: i.! e3& COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) RAY E. ESCANO AND NIKI L. ESCANO hereinafter referred to as Owner creates a covenant for easement for the purpose stated hereon; over, across and upon the real property described in Exhibit rrArl for the benefit of the propert) referred to in Exhibit l1Br1. This covenant for easement may bc released only according to the procedures established by law if it is determined by the City that the covenant is no longer needed tc achieve the land use goals of the City. This covenant for easement is required by a condition 01 approval for a tentative map number CT 89-35 issued by the City 01 Carlsbad for development located on real property described ir Exhibits I1Arr and llBrl. The property burdened by this covenant for easement i: described as follows: See Exhibit IrArl attached hereto and made a part hereof. Exhibit IrCrl is provided for clarity only. The property benefitted by this covenant for easement i: ~ described as follows : See Exhibit rrBrr attached hereto and made a part hereof. Exhibit llC1r is provided for clarity only. & /". Agreements/AG-5.FRM c/i &,",A -. .$:$*s- &,/. i2 [ C-f &yd3% -. e 4g1 a *J This covenant for easement provides for a private sewel easement 11' wide running north and south along western boundar] line across Lots 1, 2 and 3 and the 8 I of Lot 4 over, across anc upon the burdened property for the benefit of the propert) benefitted! and shsll be enforceabLe by the City and the Owner 03 the property benefitted and any successors in interest to thc property benefitted by this covenant. This covenant for easement shall run with the land, and thc burdens of the covenant shall be binding upon and the benefit oj the easement shall inure to the benefit of all successors to thc real property. Dated: r3 "g -*a (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.: .. e NOTE TWhT THE PRESIDENT OR VICE-PRESIDENT -AND TEE SECRET2RY Q: ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIl DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD 0: DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY Oj THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THI INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOl SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT F01 EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPEC' THERETO . Approved as to form: (2 -4 VINCENT F. BIONDO, JR., City Attorney /q&J/%, AgreemenWAG-5.FRM I)i c ?3 ‘5 L, Zd 2 0.. 20 &f4 CLI P. SQ s3 Y p g i=B 9 BT) r.& ,” 5 ;J& z ncp ;3 &Z=, -14 r- Ad I Individual Acknowledgment I STATE OF CALIFORNIA COUNTY OF 54 /v’ #wf? ] ss. 492 I On /2 “3- , 19 7d , before me, the undersigned, a Notary Public in and for said County and State, personally appeared 1 p&E f55G4~~ )Vi& 2, E3cwJ 0 personx n to me (or proved to me on the basis of satisfactory evidence) to be the per 6 executed the w’:ose name subscribed to the within instrument and acknowledged that I same. n I Notary Seal __. . ammm.Nw.Z3,19@ 1 1 I B-“ _~.~ - ”~ I I Notary Public in and for said County and State. I \ UL-121 “ 0 0 *. 493 EXHIBIT A LEGAL DESCRIPTION: THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP NO. 12779, SOUTH OOO32’42” WEST 233.00 FEET; THENCE SOUTH 89O25’51” EAST 11.00 FEET; THENCE NORTH OOO32’42” EAST 233.00 FEET TO THE NORTHERLY LINE OF RECORD OF SURVEY NO. 12779 AND THE NORTHERLY LINE OF SAID TRACT 4; THENCE ALONG SAID NORTHERLY LINE, NORTH 89O25’51” WEST 11.00 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. FRED J. HUN€MULLER PAGE 1 OF 1 1. , 0 0 494 EXHIBIT B LEGAL DESCRIPTION: THAT PORTION OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20, 1921 AND A PORTION OF THE EAST HALF OF THE ALLEY ADJOINING SAID TRACT 4 OF LAGUNA MESA TRACTS ON THE WEST, AS CLOSED TO PUBLIC USE ON JANUARY 9, 1941, BY ORDER OF THE BOARD OF SUPERVISORS, RECORDED IN BOOK 1251, PAGE 218 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 12779, SAID CORNER BEING THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 4 WITH THE CENTERLINE OF SAID VACATED ALLEY: THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT 4 AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, SOUTH 89O25‘51’’ EAST 99.65 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90’00’00’’ A DISTANCE OF 31.42 FEET TO THE POINT OF REVERSE CURVATURE OF A 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THAT IS IN THE WESTERLY SIDELINE OF TUTTLE STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 12779; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55O12’21’’ A DISTANCE OF 75.15 FEET: THENCE TANGENT ALONG THE SOUTHWESTERLY SIDELINE OF TUTTLE STREET, SOUTH 54’38’12” EAST 68.99 FEET TO AN ANGLE POINT AS SHOWN ON RECORD OF SURVEY MAP NO. 12779: THENCE LEAVING SAID SIDELINE OF TUTTLE STREET, SOUTH 35”21’48’’ WEST 100.00 FEET: THENCE SOUTH 54O38’12’’ EAST 120.00 FEET: THENCE SOUTH 35O21’48’’ WEST 31.64 FEET TO A LINE THAT IS PARALLEL WITH AND 300 FEET DISTANT SOUTHERLY AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID TRACT 4: THENCE ALONG SAID PARALLEL LINE, NORTH 89’25’51” WEST 233.10 FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE SOUTHWEST CORNER OF RECORD OF SURVEY MAP NO. 12779; THENCE NORTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY MAP NO. 12779, NORTH 00’32’42” EAST 300.00 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. &.,dl A\ /!/(/h /I ,! FRED JYHUNEMULLER, LS 4429 FRED J. MUIUEMULLEW a1 .< e EXHIBIT C * 495 ** b $' WI BOUNDARY DIMENSIONS bl 4 $1 'I R = 24.49' 0 N 88'10'30' E 5.00' (RAD) m 4 - 41.47'31' S 88.25'51' E 99.65' L - 17.86' S 54"38'12' E 0.44' a s ~21'48~ n 8.00' d = 79O03'32' R - 24.49' L = 33.79' S 89.25'11' E 233.10' FRED 5 WEMUtLER PRIVATE SEWER EASEMENT DETAIL ? 1' * 0 ', L 496 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated December 6, 1990 , from Ray E. Escano and Niki L. Escano ....................... to the City of Carlsbad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Icesolution NO. 91-19 , adopted on January 15, 1991 Y and the grantee consents to the recordation thereof by its duly authorized officer. DAl'ED: January 16, 1991 BY : NZ, City Clerk " KAREN R. KUNDTZ, Assistant City Cler;