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Home My WebLink AboutCT 97-23-02; ; 2003-1015404; CovenantRECORDED AT THE REQUST @ CHlcAGo TITLE CO. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2003-1015404 SPACE ABOVE THIS LINE FOR RECORDER‘S USE ASSESSOR’S PARCEL NO. 205-191 -23-00 PROJECT NO. & NAME: CT 97-23-2 Magnolia Subdivision Phase II PR 03-38 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) Michael D. O’Gara and Vicki 6. O’Gara, 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 “B” for the benefit of the property referred to in Exhibit “A”. This covenant _I 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 CT 97-23 issued by the City of Carlsbad for development located on real property described in Exhibits “A and “6”. The property benefited 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 burdened by this covenant for easement is described as follows: See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. 1 HYDevelopment SelviceslMasterr/Deeds-Grant Deeds-EasemntslCovenant for Easement Rev. 4/28/97 30549 See Exhibit “B attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for Access, Drainage and Utilities 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 su Dated: n interest to the real prope (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 MAlTER. 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 ty City Attorney 2 H:lDevelopment ServicesIMasterdDeeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 30550 State of California 1 1 County of San Diego 1 (Date) personally appeared Jodi K Schmaltz am 4 before me, I (Name, Title of Officer) (Name[s] of Signerts]) personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) -&& subscribed to the within instrument and acknowledged to me that e they executed the same in authorized capacity(ies), and that by 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) W U Title or Type of Document Date Of ~/3&/(93 No. of Pages v J Document c I1 Signer@) other than named above me ll It It 3 H:/Development ServicedMasterdDeeds-Grant Deeds-EasementdCovenant for Easement Rev. 4/28/97 .* 30551 EXHIBIT “A” LEGAL DESCRIPTION BENEFITTED PROPERTY COVENANT 1 PR 03-38 PROPERTY-1 LOTS 5,6 AND 7 OF CARLSBAD TRACT NO. 97-23-2 MAGNOLIA SUBDIVISION, PHASE 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN TO MAP THEREOF NO. COUNTY RECORDER 2003 AS FILE NO. 03 PROPERTY-2 ALL THAT PORTION OF LOTS 16 & 17 PER DOC. 97-0 189691 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 24,1997 OF OFFICIAL RECORD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF LOT 8 OF CARLSBAD TRACT NO. 97-23-2 MAGNOLIA SUBDIVISION, PHASE 2, IN THE CITY OF CARLSBAD, COUNTY OF CALIFORNIA, ACCORDING MAP TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 280 077 549, EAST, THENCE SOUTH 28” 07’ 54” EAST, A DISTANCE OF 30.04 FEET ALONG NORTH EASTERLY LINE OF THE SAID A DISTANCE OF 120.05 FEET; THENCE SOUTH 61” 54’ 05” WEST, A DISTANCE OF 90.03 FEET; THENCE NORTH 28’ 07’ 18 WEST, A DISTANCE OF 120.04 FEET; THENCE NORTH 61’ 53’ 43” EAST, A DISTANCE OF 90.00 FEET TO THE TRUE POINT OF BEGINNING. PLS 4456 EXP. 9-30-05 30552 EXHIBIT “B” BURDENEDPROPERTY COVENANT FOR ACCESS, DRAINAGE AND UTILITY EASEMENT PR 03-38 BEING A PORTION OF LOTS 6 AND 7 OF CARLSBAD TRACT NO. 97-23-2 MAGNOLIA SUBDIVISION, PHASE 2, IN THE CITY OF CARLSBAD, COUNTY STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 0 2003 AS FILE NO. PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCIN AT THE NORTH EAST CORNER OF LOT 8 OF SAID MAP NO. THENCE SOUTH 28’ 07’ 54” EAST, A DISTANCE OF 30.04 NORTH EASTERLY LINE OF THE SAID MAP; THENCE FEET ALONG CONTINUING ALONG SAID LINE SOUTH 28’ 07’ 54” EAST, A DISTANCE OF 120.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 61’ 54’ 05” WEST, A DISTANCE OF 90.03 FEET; THENCE SOUTH 28” 04’ 41” EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 61’ 55’ 19” WEST, A DISTANCE OF 19.87 FEET; THENCE SOUTH 61” 55’ 19” WEST, A DISTANCE OF 23.20 FEET; THENCE SOUTH 61’ 55’ 28” WEST, ADISTANCE OF 61.84 FEET; THENCE SOUTH 35” 06’ 34” EAST, A DISTANCE OF 20.15 FEET; THENCE NORTH 61’ 55’ 28” EAST, A DISTANCE OF 59.38 FEET; THENCE NORTH 61’ 55’ 19” EAST, A DISTANCE OF 43.08 FEET; THENCE NORTH 61” 54’ 05” EAST, A DISTANCE OF 90.04 FEET; THENCE NORTH 28’ 07’ 54” WEST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. IC1 brL AREA COVENANTED 0.11 AC (4774.83 SF) ROBERT B. SERVICE PLS 4456 Em. 9-30-05 -- 30553 EXHIBIT "C" PR 03-38 ADAMS STREET - - (L- SCALE: 1"=30' N 28'07'54" W y.04' S 28'07'54" -.,,- E ~ S 28'07'54" E 120.05' T.P.O.B. APN - 205-1 91 -1 8 r3 P.O.B. 11 NORTH EASTERLY CORNER OF LOT 8 PoRnoN OF LOT 16 AND 17 PER DOC. NO. 97-0189694 I RECORDED ON 4-24-1997 3; I 0 -+- Ln z Lo v, I I ACCESS DRAINAGE AND-/ unuv EASEMENT I - -e?-.- - - - LOT 9 IS 28'04'41" E 10.00' * 7 * S 61.55'19" W 19.87' S 61'55'19" W 23.20' \.- i LOT 6 -* o? c W c co v, \., 2: Lz t i /\ G LOT 8 -- I /-- I/ - -E?--- S 35'06'34" E -le--__- I 20.1 5' LOT 7