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HomeMy WebLinkAboutMS 07-03; |Blakley Family Trust|Mayer|Wright|; 2009-0193175; CovenantRECORDING REQUESTED BY- Ticor Title-San Diego Branch RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2009-0193175 APR 15, 2009 3:43 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 0 *,§ £ DAVID L. BUTLER, COUNTY RECORDER Q £ J. V FEES:36.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 207-022-04-00 PROJECT NO. & NAME: MS 07-03 (PR 08-26) INGOLD MINOR SUBDIVISION 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) Richard Blakley and Kimlien Blakley, trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and; Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Marita Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% interest, 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 "B". 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 Minor Subdivision number 07-03 issued by the City 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: 1 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8417 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" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for a private drainage and utility easement 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. 2 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8418 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: \JQ^~ iT.2150^ OWNERS: Richard Blakley and Kimlien Blakley, trustees of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest and Gregory Mayer and Mary Mayer, Husband and Wife as Joint Tenants as to an undivided 25% interest and Josh Wright and Marita Jessica Wright, Husband and Wife as Joint Tenants as to an undivided 25% interest. Richard Blakley, Trusjgg^srf the Blakley Family Trust dated MaySO, 2007 as to an undivided 50% interest Kimlien Blakley, Trustee of the Blakley Family Trust dated May 30, 2007 as to an undivided 50% interest <fy ry Mayer, Husband as Joint Tenant as to an undivided 25% interest Ms /Yl s/i////JA^r ///^L^iy^ Mary Maver/Wife as J^fpt Tenant as to an undividecr2o% interest Josh Wright, Husband as Joint Tenant as to an undiided 25% interest Marita Jessica/ Wright, Wife asjloint Tenant as to an undivided 25% interest 3 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8419 (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 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 Deputy City Atto 4 H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 8420 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT@s@sm@&gsm@s@ga State of California County of On ' Date personally appeared ' Name(s) of Slgner(s) MARY BETH MURO Commtotlon* 1773373Notary Public - California San Diego County MyCortmEg*B>Ocns.2Qll 1 I t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) JS/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in Ws/hef/their authorized capacity(ies), and that by bJg/hjw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES Place Notary Seal Above Sig OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: "*• ~ D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact n Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :*^^^<2!e!G<>>gesesxjsx^ STATE OF CALIFORNIA County of On Qg-.|g-fl1 Date personally appeared 8421 DEMISE K. MAXEY * COMM. # 1580473 J NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 0 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sXJ&fgr§>ubscribed tojke within instrument and acknowledged to me that fee/sheAoi)D executed the samejaWs/hetffhefti authorized capacity(ies), and that byJwa/hetfmej)' signaTOfe(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h. Signature /of Notary Pubfe OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmsnt of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:, Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee G Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here j^m^©S£<j£<S«§8®<2!^^^ @ 2007 National Notary Association • 9350 De Soto Avc., P.O. Box 2402 • Chalsworth, CA 913)3-2402 • www.NationalNotary.org Item 15907 Reorder Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l^^^G*^&&8£<!&<^<54^ STATE OF CALIFORNIA County of _ On Date personally appeared 8422 . /l/Uiifl isert Nama and Title of *»#< Name(s)o(Signer( DENISE KTMAXEY ? I COMM. # 1580473 X (NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 0 COMM. EXP. MAY 20, 20091* Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) tattr^subscribed tojhe within instrument and acknowledged tome that hafehe/fe«y> executed the same irjjwatoeimeipauthorized capadty(ies), and that by Me/hen£@i^signa!ure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: Q Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee Q Guardian or Conservator Q Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ^^^©SScSSSSS&S^^ 9 2007 National Notary Associalion • 9350 Oe Soto Ai/e., P.O. Box 2402 • Chalsworth, CA 91313^402 • www.NationalNolary.org Item IS907 Reorder Call ToJ-Free 1-800-876-6827 EXHIBIT "A" PR 08-26 An easement for private drainage and utility purposes over, under, along and across that portion of Parcel 4 of Parcel Map No .pCO2.Q(bt^fc' i in the City of Carlsbad, County of San Diego, State of California, according to map thereof filedin the Office of the County Recorder of San Diego County 8423 as fileTC-D/ ' further described as follows: Beginning at the southwesterly corner of said Parcel 4 in the easterly line of James Drive; Thence along said easterly line of James Drive North 24°30'27" West a distance of 5.01 feet to a point; Thence through said Parcel 4 North 69°32'43" East a distance of 131.08 feet to a point on the east line of said Parcel 4 being also the west line of Parcel 2 of said Parcel Map; Thence along said line South 24°31'14" East a distance of 5.01 feet to the southeast corner of said Parcel 4; Thence along the southerly line of said Parcel 4 South 69°32'43" West a distance of 131.08 feet to the point of beginning. Containing 655.39 square feet of land more or less. Prepared by:_ Davief JollyT I/-X- 76A2 Date Exp. Date 12/: EXHIBIT "B" PR 08-26 8424 Parcel 2 of Parcel Map No.in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego County Q<t&A^Q£xn-Ici> as f He1s3^-Q\C\'^]^>c>\ , further described as follows : Beginning at a point in the west line of Park Drive at the southeast corner of Parcel 1 of Parcel Map 10776 according to map thereof filed in the Office of the County Recorder of San Diego County December 9, 1980 as file 80-413850; thence along the southerly line of said Parcel Map 10776, South 71°37'01" West, 195.54 feet to the northwest corner of Parcel 2 herein described, thence South 24°31'14" East, 129.51 feet to a point on the north line of Parcel Map 16177 according to map thereof filed in the Office of the County Recorder of San Diego County August 3, 1990 as file 90-426725, being also the southwest corner of Parcel 2 herein described; thence along the northerly line of said Parcel Map 16177 the following courses and distances: North 69°32'43" East, 43.23 feet; North 13°06'29" West, 25.00 feet; North 79°10'37" East, 7.63 feet; thence leaving said northerly line, North 06°34'55" West, 70.68 feet; thence North 27°37'39" East, 14.59 feet, thence North 71°37'01" East, 100.77 feet to a point in said west line of Park Drive; thence along said line, North 11°28'19" West, 24.18 feet to the point of beginning. Containing 11,214.17 square feet of land more or less. Prepared by: David Exp. Date 1 710 M Date 8425 DRIVE EXHIBIT "C PR 08-26 50 U»--PRIVATE DRAINAGE •Z_ EASEMENT BY SEPARATE INSTRUMENT 50 100 Scale: 1" = 50' INDICATES DRAINAGE & UTILITY EASEMENT WITHIN PARCEL 4, MS 07-03 OF PARCEL MAP NO FOR THE BENEFIT OF PARCEL 2, MS 07-03 OF PARCEL MAP NO. RECORDED EXISTING HALL INVESTMENT COMPANY, INC. EASEMENT FOR THE CONSTRUCTION OF PUBLIC ROAD PER DEED RECORDED SEPT. 17, 1999 AS DOC. NO. 1999-06394-75 OF OFFICIAL RECORDS — EXISTING CITY OF CARLSBAD EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES PER DEED RECORDED SEPT. 18. 2000 AS DOC. NO. 2000-0376329 OF OFFICIAL RECORDS — EXISTING HALL INVESTMENT COMPANY. INC. 10 FOOT EASEMENT FOR THE PURPOSES OF GRADING AND THE CONSTRUCTION OF SLOPES PER DEED RECORDED MAY 18, 2000 AS DOC. NO. 2000-0260426 OF OFFICIAL RECORDS THIS EXHIBIT PREPARED BY: DATE LIC. NO. 7672 EXP. DATE 12-31-10 OWNERS OF PARCEL 4 MS 07-03 RICHARD AND KIMLIEN BLAKLEY 30266 AU BON CLIMAT COURT BONSALL, CA 92003 GREGORY AND MARY MAYER 5540 EL ARBOR DRIVE CARLSBAD. CA 92008 JOSH AND MARITA WRIGHT 2356 FIRE MOUNTAIN DRIVE OCEANSIDE, CA 92054 DRAINAGE and UTILITY EASEMENT WITHIN PARCEL 4 OF MS 07-03