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HomeMy WebLinkAboutMS 13-04; |Oakley and Johnelle|Parker|; 2014-0332271; CovenantDOCtt 20 (Of 4-0332271 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 lllllllllllllllllllllllllllllllllllllllllllllllllllll^ AUG 04, 2014 4:35 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE Citv of Carlsbad CORRECTION TO RECORDED DOCUMENT Document Title: Covenant For Easement Document Recording Number: 2014-0261444 Document error: Certificate of Acceptance by Agency not included Document correction: Certificate of Acceptance by Agency included fs 1P BE60RaiNG.RFni IFSTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad.CA. 92008 DOCtt 2Q1 JUN 24, 2014 11:b5 AM CA., rs.rr. OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 205-080-04 ProjectID: MS 13-04 Related Project ID: PR 13-42 Related Project ID: Project Name: PARKER RESIDENCE 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) Oakley G. Parker and Johnelle Parker, as Co-Trustees of The Parker Family Trust dated August 29, 1995, 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 MS number 13-04 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. The property benefited by this covenant for easement is described as follows: 1 H /Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for drainage 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: t/B'//4- Family OWNER: Oakley G. Parker and Johnelle Parker, \as Co-Truste^of The Parker "ryst clatsreiiAligOist 29, 1995 Sign Here Print Name Here (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: CELIA BREWER City Attorney ^ON KEMP Assistant City Attorney H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKKOWLEDGMENT State of California County of t>i } OnQg^O g.aO|4- beforeme, >JurA\MQh Q.O.-^^irt\(\QninM<>h^'ra ?ub( Date Here Insert Name and TMe of the Offlceiv^ / |0 Date personally appeared NarT)e(s) of Slgner(s) 1 *"*"^-^ ' JUMILAH RATERMANN Commission # 1928533 Notary Public - California San Oiego County 2 My Comm. Expires Mar 14.20151 Place Notary Seal Atxive who proved to me on the basis of satisfactory evidence to be the person(<S whose name(s)is/aFe subscribed to the within instrument and acknowledged to me that be/she/they executed the same in bie/her/tbetf authorized capacity(ije^, and that by tjie/her/tberr signature^©) on the instrument the person(^, or the entity upon behaif of which the person(«) 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. Signature. OPTIONAL - signature of Notary Public Ttiough ttie 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: <^v/er\0.rrV foir bg^SeOQe^ Document Date: Number of Pages: Slgner(s) Other Ttian Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • Genera^ • Attorney in Fact • Trustee • Guardian or Conservator • Other: _ Signer Is Repnaienting:. RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s) • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Cons^pif&tor • Other: ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402• www.NatlonalNotary.org Item #5907 Reorder CaH ToH-Ftee 1-800-876-6827 H:/Development Services/t^asters/Deeds-Grant Deeds-Easements/Covenant for Easement REV 01/25/13 PR 13-42 EXHIBIT "A" AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, ALONG AND THROUGH A PORTION OF PARCEL 2 OF MINOR SUBDIVISION NO. 13-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. \\%9^ , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ON JyyrML .-IQlM AS FILE NO. aQ\M'6i^\MM.^ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 2 THE FOLLOWING COURSES, NORTH 34°05'03" WEST A DISTANCE OF 32.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 12°58'48" EAST A DISTANCE OF 23.63 FEET; THENCE NORTH 06°54'33" WEST A DISTANCE OF 14.62 FEET; THENCE NORTH 41°50'37" EAST A DISTANCE OF 2.53 FEET; THENCE NORTH 06°54'33" WEST A DISTANCE OF 9.28 FEET; THENCE NORTH 48°09'23" WEST A DISTANCE OF 2.88 FEET; THENCE NORTH 06°54'33" WEST A DISTANCE OF 44.99 FEET; THENCE NORTH 33°21'22" WEST A DISTANCE OF 27.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE NORTH 55°59'06" EAST A DISTANCE OF 24.95 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 06°54'33" EAST A DISTANCE OF 77.14 FEET; THENCE SOUTH 48°09'23" EAST A DISTANCE OF 2.88 FEET; THENCE SOUTH 06°54'33" EAST A DISTANCE OF 17.58 FEET; THENCE SOUTH 4r50'37" WEST A DISTANCE OF 2.53 FEET; THENCE SOUTH 06°54'33" EAST A DISTANCE OF 11.84 FEET; THENCE SOUTH 12°58'48" WEST A DISTANCE OF 19.23 FEET TO A NON-TANGENT 33.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 08°22'27" WEST; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°29'39", AN ARC LENGTH OF 11.80 FEET TO THE TRUE POINT OF BEGINNING. PR 13-42 EXHIBIT "B" PARCEL 1 OF MINOR SUBDIVISION NO. 13-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. d^Wht FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ON tTUVfl-^M "^O^S FILE NO. \ \ NOT TO SCALE CITY OF CARLSBAD MAEZEL LN. SCALE: 1"^ 60' VICINITY MAP PARCEL MAP PARCEL 1 \ \ 0 60 120 EXCEL ENGINEERING 440 STATE fHACE ESCOMUDO, CA 92029 PHONE (760) 745-8118 REOUESTED BY: CIJY OF CARLSBAD 16J5 FAMDAY AVENUE CALRSBAD, CA 92008 PHOI^ frooj 602-2740/ DRAINAGE EASEMENT KEYMAP PREPARED BY: MKfHAEL D LEVIN LS. 6896 EXP 06/50/15 EXHIBIT r SHT 1 OF 2 SHTS APN. 205-080-04 DATE LO/2/2015 SCALEI "=20' TRUE POINT OF BEGINNING POINT OF COMMENCEMENT EXCEL ENGINEERING 440 STATE PIACE ESCOMXDO, CA 92029 PHONE (760) 745-8118 NUMBER DEL TA ANGLE RADIUS ARC LENGTH Cl /J=20-29'59" R=5J00' L=ll.80' PARCEL 1 NUMBER DIRECTION DISTANCE Ll SI2'58'48"W 25.65' L2 N0654'55"W 14.62' L5 N4r50'57'E 2.55' L4 N0654'55"W 9.28' L5 S48'09'25'E 2.88' L6 S48V9'25'E 2.88' L7 S06'54'55'E 17.58' L8 N4r50'57'E 2.55' L9 S06'54'55'E 11.84' LIO S12-58'48"W 19.25' LJO N08°22'27"W (R) •REJECTED IRREVOLABLE OFFER OFDEDICATION FOR PUBLIC STREET AND PUBLIC UTILITY EASEMENT PER MS 15-04 \ 0 20 40 DRAINAGE EASEMENT ^T2 0F2 ^TS REQUESTED BY CITYOFCARLSBAD 16J5 FAMDAY AVENUE CAUiSBAD. CA 92008 PHONE ^60) 602-2740 MICHAL LS 6896 EXP 06/50/15 .EXHIBIT ~C APN 205-080-04 DATE 10/2/2015 CERTIFICATION FOR ACCEPTANCE OF COVENANT OF EASEMENT This is to certify that the interest in real property conveyed by the covenant of easement dated January 8, 2014, from Oakley G. Parker and Johnelle Parker as co-trustees of the Parker Family Trust, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, 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: Julv 21.2014 SHELLEY CO/LLIhlS, CMC Assistant CityClerk (SEAL) .J RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Johnelle Parker 3215Maezel Lane CaHsbad, CA'^008 THE ORIGINAL OFTHIS DOCUMENT WAS RECORDED ON JAN 23. 2014 DOCUMENTNUMBER 20H-0031059 Ernest J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME; 2:23 PM ACr?ir>Aini> ^^iiCEABOVE^THISLINE FOR^^ AFFIDAVIT OF DEATH OF TRUSTEE Assessor's Parcel Number: 205 080 04 00 rson as Oa ^ PARKER, thw dnnnrinnt mantinnflri In fha STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO } JOHNELLE PARKER, of legal age, being first duly swom, deposes and says: 1. That OAKLEY G. PARKER, also known as OAKL-. , attanhfifl rRrtifiocI gopy af Ccrtifiooto of Deatli; Is the same person as OakleyG. Parker named as Trustee in that certain Declaration of Trust known as the PARKER FAMILY TRUST dated August 29, 1995, executed by OAKLEY G PARKER and JOHNELLE PAI^ER as trustors. " '^""'^'^^ 2. At the time of the decedent's death, decedent was the owner, as Trustee, of certain real property acquired bv a deed covering the foilowing described property situated in San Diego County, State of Califomia: Tba rool Property eoniniuiiiv known oo 3316 M>iByi..l i r»>Mhnri, r .nr t ,->.nH ^^p. pnrtiniilnriy cln-iLiibcd in tho attachad Exhibit At inoorporntnd hnrain by roforonce. , ,ULU ?• A ' ^""^'^'"9 °'" successor Trustee ofthe same trust under which said daeedent held title as trustee pursuant to the deed descnbed above, and am designated and empowered pursuant to the-termsW said trust to sen/e as Trustee thereof. i \ \ i i I i Dated: 1/23/2014 Jd pursuant to the-termsW said t JOHNELLE PARKER STATE OF CALiFORNiA COUNTY OF SAN DIEGO } }SS } Subscribed and swom to (or affirmed) before me this 23rd day of January, 2014, by JOHNELLE PARKER, proved to me on the basis of satisfactory evidence to be tlie pecsan/s) who aopeared before me. 3*^** r • • • 'Jotary PubIic(J) MICHAEL R MCCARTHY J Commission #2011863 Notary Public - California z San Oiego County J N^jjlg^ san Diego County 2 III.- gwires Mar U 2017 \ (Tills area for official notarial seai)