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HomeMy WebLinkAboutMS 770; Carlsbad Oaks East Ltd; 89-292348; Covenant" "- COVENANT FOR EASEMENT cB.upy (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) 1. CARLSBAD OAKS EAST, LTD., a California Limited Partnership, hereinafter referred to as owner creates a covenant for easement for the purpose stated in paragraph 5 hereof; over, across and upon the real property described in paragraph 3 hereof for the benefit of the property referred to in paragraph 4 hereof. 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. 2. This covenant for easement is required by a condition of approval for a proposed Minor Subdivision number 77O issued by the City of Carl sbad located on real property described in paragraphs 2 and 3 hereof. 3. The property burdened by this covenant for easement is described as fol 1 ows: Parcel A of proposed Minor Subdivision No. 770, now existing as a portion of Lot 36 of Carlsbad Tract No. 74-21, Map No. 10372, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the Count Recorder of said County. 4. The property benefitte L7 by this covenant for easement is described as follows: Parcel B of proposed Minor Subdivision No. 770, now existing as ~ ~~ ~ ~~ Lot 35 and a portion of Lot 36 of Carlsbad Tract No. 74-21, Map California, filed in the Office of the County Recorder of said County. m3-770 Rndf /"" +~94"&) 7/2 3. 2.25 ! " .. -c * 2'307 I 4 5. This covenant for easement provides for 4 t 1 6. This covenant for easement shall run with the 1 and, and the burdens of the covenant shall be binding upon and the benefit of the easement shall unure to the benefit of all successors to the real property. imited Partnership Dated: November 7, 1988 TECH CONSTRUCTTON CORPORATIQN General Partner CAT. NO. NN-36 TO 1954 CA (9-84) (Corporation as a Partner of a Partnership) TICOR TITLE INSURANCE STATE OF CALIF RNlA COUNTY OF %an Diego On November 7, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared Paul K. Tchanq personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and " - personally known to me or proved to me on the basis of satisfactory evidence to be t e person who execpied the within instrument as ihe the corporation that executed the within instrument on behalfof Carlsbad Oaks East, Ltd. the partnership that executed the within instrument, and acknowledged to me that such ELIZABETH J. BOULERI corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Tech Constructlon Corp. "- Secreta NOTARY PUBLIC . CALIFORNIA Signature (This area for official notarial seal) L 239 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the Covenant for Easement, dated November 7, 1988 , from Carlsbad Oaks East, Ltd. .................... to the City of Carlsbad, California, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No. 89-143 , adopted on May 16, 1989 9 and the grantee consents to the recordation thereof by its duly authorized officer. BY : ALETHA L. RAUTENKWZ, City tlerk