The URL can be used to link to this page

Home My WebLink AboutCT 90-05; BARRATT AMERICAN INC.; 1994-0597055; Covenantbb I1 *'. 1 e I1 .;- >>y ; --::+;: "I '< =. L: - 1 ."." F2 ,-=$ .tz -. -3 72 i . n 22 = 3: <=%=F3=:-$%,-- ,~ i;i i: >&& ;":-gTfij-f-; . s. . .. i -& . . " .c .- __ __ - - L -;- -=- i E -G-.x-." i 1 :-" _i -..-. - -L 2 - << t 5 - 2 -y y 4 .. :-; g = -: .=; ?-, ;+ 135 - - =, :i_ - L-i - . >.:: !-$cz7.?;::l; >r;-.-p7;.: i,i:.; ,!,&;?;, >.::>:;;$'.< )*j ;..7----=-. """ ._j,__ .-.ii ;.-. . :!!;:.<. --- ;!+3!:F+,:L. :'L; j. i_ - .... .";L.- - . :- -.: i -2. : 2 <l i_li_i.. ,::2 :7 .-?!! :*= ~:!,..~:: LSkj ii:&.:" :L ..... -.." .!..., ......... *?e ... ....... %-..:.!< ;"'.-.p: " .....-.. --- .-. .... ~: : L-..&;:- ;.:A:-..-...;L .. .-. .- ........ ..- ... .-.x .. ..*.. "?.-..-.?,?.??, ..... .......... _T .____,: _..".. .... ..... -..-.... "._,ii . :i"..".ri:_ :.:- . i : -r i ... . ".X f-."U "..i I: 3 r .: -. .< _--.-, - - i 1 _. ;. !I!; .... LL>:-: ':L ..: I??: ,: " . .- .- .... 2:- : .; 7 ?:fi .... ... ....... .~ - i i ". :.e: i . ,,- = ... ". - - . . ,.. ..... ! :!!I . L< .-.. ... " RECORDING REQUESTED BY: ) City of Carlsbad 1 WHEN RECORDED MAIL TO: 1 City Clerk ) City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) 1 ..e'. 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) Barratt American Incorporated, a Delaware Corporation, 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 RIA11 for the benefit of the property referred to in Exhibit l1Bt1. 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 condition of approval for Carlsbad Tract 90-05, Aviara Planning Area 7 issued by the City of Carlsbad for development located on real property described in Exhibits "AI1 and llBll . The property burdened by this covenant for easement is described as follows: See Exhibit ItAIs attached hereto and made a part hereof. Exhibit llCtl is provided for clarity only. The property benefitted by this covenant for easement is described as follows: Agreemenb/AG.S.FRM 1 REV 10/29/92 li CT9~-.5- C4Lw 1 '. ~ b .) - a I@- t All lots of condominium units within the boundaries of Carlsbad Tract 90-05, Unit 1, Map No. 13147 See Exhibit llBtt attached hereto and made a part hereof. Exhibit I1Ct1 is provided f or clarity. This covenant for easement provides for maintenance of common areas and its appurtenances thereto over, across and upon the burdened property for the benefit of'the property benefitted and shall be enforceable by the City and the Owner of the property benefitted and any successors in interest to the property benefitted 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: August 8, 1994 Barrett American Incorporated, A Delaware Corporation *L' ,A A/, &&yq By : ~~~~~~~~ MICHAEL D. PATTINSON, PRESIDENT By: ST "\ g2kc-J €$N R. REID, SECRETARY (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT 2AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE 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 0GL&*. R. BALL, Ci ttorney AgreernentslAG.5.FRM 2 REV 10/29/92 I , i* - L c 1) > 137. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On August 8, 1994 before me, Lynn C. Hanson, Notary Public, personally appeared Stephen R. Reid and Michael Pattinson, Personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ) ss. 'L e 0 938 EXHIBIT "A" COVENANT FOR EASEMENT 1. A COMMON AREA IN PERPETUITY OVER LOTS 1 THROUGH 11, A PORTION OF LOT 12 AND ALL OF LOT 13 ACCORDING TO THE CITY OF CARLSBAD TRACT 90-05, UNIT NO. 1, MAP NO. 13147 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS A COVENANT RUNNING WITH THE LAND OVER ALL PAVED AREAS AND SIDEWALKS, EXCEPT INDIVIDUAL CONCRETE SIDEWALKS, FOR ACCESS, PARKING, PRIVATE UTILITIES AND MAINTENANCE PURPOSES. 2. A COMMON AREA IN PERPETUITY AS A COVENANT RUNNING WITH THE LAKD OVER ALL OF CITY OF CARLSBAQ.TE4AC.T 90-05, UNIT-NO. 1, MAP NO. 13147 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FOR LANDSCAPING, ACCESS AND MAINTENANCE PURPOSES. e 0 d 39 EXHIBIT rlBll COVENANT FOR EASEMENT CITY OF CARLSBAD TRACT 90-05, AVIARA PLANNING AREA 7 , UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13147, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. y* ' *. a a 140 1 EXHIBIT "c" I. CT 90 -. 05 I LEGt5U.l.. v 3 LOTNUMBEt @ BUG. NUMBEX IY I *". BQUNrnXY C/N€ .e: : :. .* AREA FOR EXCII~~I r 2'' PMT I. AS7E.R nR//yE CEAMi7iiUS COURT CN/#/5AAL cwm %, e 3 'I ' 114 CITY OF CARLSBAD ACCEPTANCE CERTIFICATE for EASEMENT SUBJECT TO IMPROVEMENT WHEREAS, the City Council of the City of Carlsbad did on March 5, 1991 adopt Resolution No. 91-71 authorizing the City Clerk to accept and consent to recording of easements and covenants of easements upon approval of the City Attorney and City Manager; and, WHEREAS, the City Manager and City Attorney have approved the acceptance of the attached easement subject to improvement as, a condition of development; NOW THEREFORE, I Aletha L. Rautenkranz, City Clerk for the City of Carlsbad, do hereby accept subject to improvement and consent to record the attached easement on behalf of the City of Carlsbad. ""." By : (SEAL) Easement Identification No. PR CT 7 0 - 05 - I Assessor's Parcel Number z 15 - 61 2 - 0 6 4 07 P:\DOCS\MlSFORMS\FRMOOO28 REV. 12/91