HomeMy WebLinkAboutMS 776; DAWSON, ROGER & MILDRED; 89-161973; Covenant* 1 .. I@ t . 39 \mi13 .- ,, 0885
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RECORDING REQUESTED BY: 3 City of Carlsbad 1
MEN RECORDED MAIL TU: i
City of Carl sbad 1200 Elm Avenue ; Carlsbad, California 92008 1
City Clerk 1
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COVENANT FOR EASEMENT (Government Code Article 2.7 commencing
with Section 65870 of Chapter 4 of Bivi sion 1
. of Title 7; Carlsbad Municipal Code Section 20.04.140)
1. Roger A. Dawson and Mildred D. Dawson 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 establ ished 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 Minor Subdivision Number 776 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 :
"SEE ATTACHMENT "A"
4. The property benefitted by this covenant for easement is described
as follows:
The southeasterly 60' of the southwesterly 180.21' of Lot 25 of Patterson's addition to the town of Carlsbad as shown on Map #565 recorded September 22, 1888 and identified as Parcel #1 of Proposed Minor Subdivi ' 776.
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5. 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 benefitted by this covenant.
6. This covenant for easement shall run with the land, 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.
Dated : a++ b9 %L!z2L- 0 ns?. G"aP-7
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g STATE OF CALIF0 NIA
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* COUNTYOF gm Dies0 - February 14, 1989 ,before me, the undersigned, a Notary Public in and for
J 1 - said State, personally appeared Mildred D. Dawson and Rqw A. Dawsan - - - B 1,
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personally known to me (or proved to me on the basis of satis- r***$~3~:$~~8*****84~~$**~~~~~~~~~~*~*~
x .+ 0FFiC:Iah: SEAL ; =' m factory evidence) to be the person(s) whose name(s)X/are sub- g 3 TERRY A. SANDERS g
* NOTARY BOND FILED IN $
? WITNESS my hand and cfficiai seai. g MY Commission Ex-?ires October 8. 1991 g
2 scribed to the within instrument anci acknowledged to me that $
5 XEXlEXthey executed the same. U( NOTARY PUELtC-CWLIFCRNIA 2
.~ -., x. * SAP4 DIEGO COL'NTY ;
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r 3 3 ?l Sigr:4?ur8" & j 1kL.C- _~_~~ Li J ALd" (This area for official nciaria. sea? Terry AKmders
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ATTACHMENT "A"
LEGAL DESCRIPTION
THE SOUTHEASTERLY 5 FEET OF A PORTION OF THE SOUTHEASTERLY 60
FEET OF LOT 25 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD AS
SHOWN ON MAP NO. 565 RECORDED SEPTEMBER 22, 1888 AND IDENTIFIED AS
PARCEL NO. 2 ON PROPOSED MINOR SUBDIVISION 776, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 25; THENCE NORTH 55"
34'31'20'' WEST, 60.00 FEET; THENCE NORTH 55'27'34" EAST 186.38 FEET TO
A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF JAMES DRIVE; THENCE
ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF JAMES DRIVE SOUTH 22" 55' 34"
WEST 58.49 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTHEAST; THENCE SOUTHEATERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 00' 28'45" AN ARC DISTANCE OF 2.76 FEET; THENCE
SOUTH 55'27'31" WEST, 174.08 FEET TO THE TRUE POINT OF BEGINNING.
27'31" EAST, 180.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
February 14, 1989 , from Roger A. Dawson and
Mildred D, Dawson to the City of
Carlsbad, California, a Municipal Corporation, is hereby accepted
by Che City Cosccil of the City 3f Carlsbad, California, pursuant to
Resolution No, 89-91 , adopted on March 21, 1989 Y
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: March 22, 1989
BY: w 2. 6- ALETHA L. RAUTENKRANZ, City CJ.~%~C