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HomeMy WebLinkAboutMS 01-11; ; 2002-0298976; Covenant' * RECORDED REQUEST OF Fir'st American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY: CREST LOTS, LP. MSK DEVELOPMENT 550 LAGUNA DRIVE CARLSBAD. CA 92008 AND WHEN RECORDED MAIL TO: CITY CLERK CITYOF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CA 92008 ., APR 3-09 2002 1-19 PM OFFICIRL REWRDS 8763 GREGORY J. SMITH, iY"V RiMRDER W DIEGU COUNTY REWRDER'S OFFICE ' FEES: 22.00 /a 7 3 3276 -6 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSORS PARCEL NO. JSi-15242 PROJECT NO. & NAME MS 01-1 1 , ?R 02-3q MINOR SUBDIVISION COVENANT FOR EASEMENT (GOVERNMENT CODE ARTICLE 2.7 COMMENCING OF TITLE 7, CARLSBAD MUNICIPAL CODE SECTION 20.04.140) WITH SECTION 65870 OF CHAPTER 4 OF DIVISION 1 CREST LOTS L.P.. A CALIFORNIA LIMITED PARTNERSHIP, HEREINAFTER REFERRED TO AS "OWNER" CREATES A COVENANT FOR EASEMENT FOR THE PURPOSESSTATEDHEREON:OVER,ACROSSANDUPONTHE REALPROPERTY DESCRIBED IN EXHIBIT "A" FOR THE BENEFIT OF THE PROPERTY REFERRED TO ACCORDING TO THE PROCEDURES ESTABLISHED BY LAW IF IT IS DETERMINED IN EXHIBIT "B". THIS COVENANT FOR EASEMENT MAY BE RELEASED ONLY 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 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: FOR A PROPOSED MINOR SUBDIVISION NUMBER MS 01-1 1 ISSUED BY THE CITY 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: SEE EXHIBIT "B" ATACHED HERETO AND MADE A PART HEREOF. EXHIBIT "C" IS PROVIDED FOR CLARITY ONLY. THIS COVENANT FOR EASEMENT PROVIDES FOR PRIVATE DRAINAGE PURPOSES OVER, ACROSS AND UPON THE BURDENED PROPERTY FOR THE BENEFIT OF 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: J -/a& BY: CREST LOTS L.P.’ A CALIFORNIA LIMITED PARTNERSHIP BY MSK MANAGEMENT, INC., A CALIFORNIA CORPORATION BY BY: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT ALTERNATELY A TRUCE COPY OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY MUST SIGN FOR THE CORPORATE EXECUTIONS OF THIS DOCUMENT. SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIWDUAL 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 8765 EXHIBIT “A” A 5.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT 19 OF WlLSONlA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE RECORDER’S OFFICE OF SAID COUNTY ON AUGUST 13, 1929, THE NORTHWESTERLY AND NORTHEASTERLY LINE OF SAID 5.00 FOOT WIDE STRIP IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 19; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 19 NORTH 55’25’33’’ EAST, 173.77 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 35°10’17” EAST, 107.61 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 98.15 FEET OF SAID LOT 19. EXCEPTING THEREFROM THE SOUTHWESTERLY 10.00 FEET. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION a . 8766 EXHIBIT “B” THE NORTHWESTERLY 101.17 FEET OF LOT 19 OF WlLSONlA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE RECORDER’S OFFICE OF SAID COUNTY ON AUGUST 13,1929, TOGETHER WITH THAT PORTION OF THE SOUTHWESTERLY 193.00 FEET OF SAID LOT 19 LYING NORTHWESTERLY OF THE SOUTHEASTERLY 98.15 FEET OF SAID LOT 19 AND LYING SOUTHEASTERLY OF THE NORTHWESTERLY 101.17 FEET OF SAID LOT 19, ALL AS SHOWN ON RECORD OF SURVEY MAP NO. 16531, FILED IN SAID RECORDERS OFFICE ON MARCH 31,2000, EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 19; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 19 NORTH 5525’33’’ EAST, 173.77 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 35”1017” EAST, 107.61 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 98.15 FEET OF SAID LOT 19. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION EXHIBIT "C" 43 " " 1" = 100' \' LS. 41122 EXISTING EASEMENT FOR PUBLIC SEWER PURPOSES TO CIW OF CARLSBAD RECORDED 5- 16-200 1 AS DOC. NO. 2001-0310633, O.R. PRIVATE DRAINAGE C4SEMENT ME OR UNDER MY DIRECTION. mls PLAT WAS PREPARED BY STATE OF CALIFORNIA COUNTY OF San Diego 1 1 }ss. On 3/18/02 , before me, Linda Lopez personallyappeared Joseph A. Gallaqher and Joyce L. Lively , personally known to me (erpravedto me on me Dasls ot satlstactory evlt%?nce) to be the person@) whose name(s)dare subscribed to the within instrument and acknowledged to me that h&he/they executed the same in hWber/their authorized capacity(ies), and that by hkfber/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. V Title of Document Date of Document No. of Pages Other signatures not acknowledged