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HomeMy WebLinkAboutMS 13-02; |King Investments|Robin King|William King|; 2014-0470301; Covenanttgy 77 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 DOCtt 2014-047030 lllllllllllllllllll illlili OCT 29. 2014 4:07 PM OFFICIAL RECORDS SAN DIEGG COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: 7 liliiliiiiiii SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 156-142-40 ProjectID: MS 13-02 Related Project ID: PR 14-10 Related Project ID: Project Name: KING 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) William J. King and Robin L. King, Trustees of the King Community Trust dated February 27, 1996 as to an undivided 50% interest and King Family Investments, LLC as to an undivided 50% interest as tenants in common, 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, number 40 of Minor Subdivision Number 13-02 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: See Exhibit "A" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. 1 Hi/Development Servlces/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 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 sanitary sewer 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 successors in interest to the real property. Dated: U-^Z-l ^ OWNER: William J. King and Robin L. King, Trustees of the King Community Trust dated February 27, 1996 as to an undivided 50% interest and King Family Investments, LLC as to an undivided 50% interest as tenants in common Sign Here ^^-^^^^ C^_^ OJ Print Name Here Sign Here Print Name Here APPROVED AS TO FORM: CELIA BREWER City Attorney RONKEMP ^ Assistant City Attorney H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5<W-v "Os-i^O } On ^\uMrv.<- \Z."2-0t4 before me, (}_ ^Suji t.-U^<~*-\ no-t-a-vM pcJbVt''^ Qate HerSinseil Name and Title of the OfTroer nPrconallvaDDeared U3 U L ^ ri- Name(s) of Signer(s) O C. SWEENEY r Commission # 1907112 K Notary Public - California 1 San Diego County g My Comm. Expires Oct 20,20141 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/g^ubscribed to the within instrument and acknowledged to me that he/she,(ffi^ executed the same in his/her/th@authorized capacityijes), and that by his/her/tt1ei23ignature(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 hand and official seal. Place Notary Seal Above Signature. OPTIONAL - signature of \ Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent frauduient 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:. • Individual • • • • • • Other: Corporate Officer — Title(s): Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: n Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OI= SIGNER Top of thumb here. ©2007 National Notary Association* 9350 De Soto Ave., P.O. Box 2402 •Chatswoi*, CA 91313-2402' www.NaflonalNotaryotg Item #5907 Reorder Call ToH-Free 1-800.876-6827 Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/26/13 LEGAL DESCRIPTION EXHIBIT "A" PR 14-10 Being a portion of the Remainder Parcel per Parcel Map No. _, in the City of Cadsbad, County of San Diego, State of California. Said Parcel Map being on file in the Office of the County Recorder of said County, of said State, more particularly described as follows: The south 10.00 feet of said Remainder Parcel June 4, 2014 John L. Walters PLS PROFESSIONAL LAND SURVEYOR Date LEGAL DESCRIPTION EXHIBIT "B" PR 14-10 Parcel 4 per Parcel Map No. _, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said County, of said State. 2/04— June 4, 2014 John L. Walters PLS PROFESSIONAL LAND SURVEYOR Date EXHIBIT "C PR 14-10 BUENA VISTA WAY LEGEND (A) 10.00* WIDE PRIVATE SEWER EASEMENT TO BENEFIT PARCEL 4. @ EXISTING PUBUC STREET AND PUBUC UnUTY EASEMENT TO THE CITY OF CARLSBAD RECORDED FEBRUARY 26, 2014 PER DOC# 2014-0077345 OF OFRQAL RECORDS. 60 0 DRAWING SCALE APN: 156-142-61 60 1" = 60' 120 \^<S^ Vx\oA^ 6-03-2014 JOHN L. WALTERS PLS DATE PRIVATE SEWER EASEMENT TO BENEFIT PARCEL 4 PREPARED BY: WALTERS LAND SURVEYING 1807 SOUTH NEVADA STREET OCEANSIDE, CALIFORNIA 92054 (760) 722-1200 JOB NO.: 204170 CERTIFICATION FOR ACCEPTANCE OF COVENANT OF EASEMENT This is to certify that the interest in real property conveyed by the Covenant of Easement dated June 12, 2014, from William J. King and Robin L. King, Trustees of the King Community Trust dated February 27, 1996 as to an undivided 50% interest and King Family Investments, LLG as to an undivided 50% interest as tenants in common, Owner, to the Gity of Garlsbad, Galifornia, a municipal corporation, is hereby accepted by the Gity Council of the Gity of Garlsbad, Galifornia, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: October 2, 2014 SI/ERRY(FREISINGER, QMG Deputy cVcierk vJ (SEAL)