HomeMy WebLinkAboutMS 750; BENACKA, THOMAS & LYNDA; 90-377222; Covenanti * ..
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RECORDING REQUESTED BY: ) City of Carlsbad 1 :-:;:. Ti :<
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WHEN RECORDED MAIL TO: )
City of Carlsbad 1 . .iij .. -1: B
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1200 Elm Avenue 1
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City Clerk 1 . -77:. .- : t =. :- :.-:?% : f 1 i " 3 i ;- *- .j: : $ <-..: -
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COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbsd Municipal Code Section 20.04.140)
Thomas J. and Lynda Benacka hereinafter referred to a:
Owner creates a covenant for easement for the purpose statec
hereon: over, across and upon the real property .described ir
Exhibit . rlA1* for the benefit of the property referred to ii
Exhibit rrBtl. This covenant for easement may be released onl]
according to the procedures established by law if it it
determined by the City that the covenant is no longer needec
to achieve the land use goals of the City.
This covenant for easement is required by a condition o
approval for a Minor Subdivsion 750 issued by the City o
Carlsbad for development located on real property described i.
Exhibits rrA1l and rlBrr.
The property burdened by tnis ewenant fcr easement i:
described as follows:
See Exhibit trArl attached hereto and made a part hereof. Exhibit I1Cl1 is provided for clarity on1.y.
The property benefited by this covenant for easement i
described as follows:
See Exhibit lrBrt attached hereto and made a part hereof. Exhibit IrCgr is provided for clarity only.
!ernents/AG-5.FRM
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This covenant for easement provides for a 5 foot wid4
drainage easement along the entire souterly boundary of Parce:
B over, across and upon the burdened property for the benefii
of the property benefited and shall be enforceable by the Cit]
and the Owner of the property benefited and any successors il
interest to the property benefited by t5is covenant.
This covenant for easement shall run with the land, and th,
burdens of the covenant shall be binding upon and the benefi-
of the easement shall inure to the benefit of all successor:
to the real property.
Dated: flkf / 1 /9 96 /&/?&- /q.fgL&c
0 as J. nacka 2, f$w/4 nda Benacka $j2h,&fAfd
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(XOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OmR MUST B1
ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETAR1
OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS 01
THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF TMI
BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY 01
ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEA1
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF 01
THE COP.PORX!!IOK WILL SZOW SUFFICIENT AUTHORITY OF SA11
INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIE
ATTORNEYS WITH RESPECT THERETO.
1 I1 Approved as to form: .
Ag ements/AG-5.FRM
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GENERAL ACKNOWLEDGMENT
On this the 1 day of !%&G 1*?. before n
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the undersigned Notary Public, personally appeared I ,,. '...&... :.,~,. ~"""~~~~~~~~,~~~,~,~~~~ k ij h& !&A3 h*i-"4 ad Thorn "5. \b fpy 4: 3gBy @<'pD y3&(>:!i':< .:; .. 4
.;; i&&y S!!j? ?IS&,Z ccijy:; ;;
B ..~.~~~'~ &'S to be the person(s) whose name(s) 4-2 subscribed to tt
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CFFIC:.*.i SE.i\L Li 'MC
~&~;->~~,~~i\\~~~~*~ p?isilcrl9'_;~o'i.I~.~-~,, p ~. *,r.*4'
a personally known to me
;y$y COK$I. "'X?. ,jil& !e. 7.L..:; <:$ .>.; y proved to me on the basis of satisfactory evidence
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within instrument, and acknowledged that I kA executed
WITNESS my hand and official seal.
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I ATTENTION NOTARY: Although the informaboo requesied t&lr.v 6 OPTIONAL rl muid te 10 -(* -t
THE CERTIFICATE - Title or Type of Document c~\t9m.
I f MUST BE AXACHm 3 TO THE DOCUMENT & DESCRIBED AT RIG-: Signer(s) Other Than Named Above
Number of Pages &k Date of Document ,* i !Yc%b
NN .".
itm 122 WKNN WrAi71 AsSrcrRW - 62% firrrm?t *e. + P.3 Box 71% -Camqa part 0
0 1089 APN 203-060-03
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EXHIBIT ''A"
THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CEVTERLINE OF HIGHLAND DRIVE, DISTANT THEREON SOUTH 2B036'13" EAST, 138.00 FEET FROM THE INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID .TRACT NO. 123 AND SAID CENTERLINE
OF HIGHLAND DRIVE; THENCE NORTH 55O24' IO" EAST, ,245.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING' NORTH
55°24'10'' EAST, 164.5'2 FEET TO A POINT ON THE WESTERLY LINE
OF JAMES DRIVE; THENCE SOUTH 31 O12 '50" EAST ALONG SAID
NESTERLY LINE, 61.82 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 55O24'10" EAST, 161.32 FEET; THENCE' NORTH
34033'33" WEST, 61.71 FEET TO THE TRUE POINT OF BEGINNING.
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APN 203-068-03
EXHIBIT "E"
THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF
ACCORDING TO ttlAP THEREOF NO. 1561, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGCI COUNTY, MARCH 'I, 1945,
DESCRIBED A5 FOLLOWS:
BEGINNING AT THE INTERSECTION OF HIGHLAND DRIVE AND THE
GARLfEAD, COUNTY OF SAM DIEGO, STATE OF CALIFORNIA,
SOUTH WESTERLY PROLOFIGAT I QF4 OF THE NORTHWESTERLY L. I WE OF SA ID
TRACT NO. 123; THEPEE SOUTH 24a34'43" EAST, 'IS8.00 FEET TO
THE TRUE POINT OF EEGIPJMING; THENCE NORTH 55O2C1' 'Iil" EAST,
245.60 FEET; THENCE SOUTH 34'"33'33" EAST, 51.71 FEET; THENCE
SOUTH 55*24'10" WEST, 256.47 FEET TO SAID CENTERLIME OF
HIGHLAND DRIVE; THENCE ALONG SAID CENTERLINE, NORTH
24°334"?3" WEST, 62.67 FEET TO THE TRUE POINT OF EEGIMMIMG.
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JAMES "-5- DR. " 1
I PROSECT NAME: 5' PRIVATE EASEMENT FOR .
PRIVATE DRAINAGE PURPOSES
PROJ. EXk
MS750 C NO. 1