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Home My WebLink AboutMS 95-02; GAITAUD, RENEE; 1998-0859153; Covenant-1 -1’0 1 yyp f ., i; x, ’\ * ., ~~~~~~~~~ REQUESTe $i$J *By f1Kf SDUTHWESTERN TITLE RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk i:‘ (2 i I,- I CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 Ea 199 UEE -30, I.-338 12: ”p DFFTGIkL Fgt@;Df: Wd DEE@ tiO!MTY WECOftfCR‘S OFFIf 1.424 GREGORY J. SNIM? C%IKfY RELi&l)EF FEES: 22 ti i]O llil!Illll#ili~lllilllll~~llAlllllWll~ 1998-0859153 I I SPACE ABOVE THIS LINE FOR RECORDE @ ASSESSORS PARCEL NO. 206-192-0 PROJECT NO. & NAME; MS 95-02 GAITAUD ~ 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) Renee D. Gaitaud, hereinafter referred to as “Owner” creates a covenant for ease the purpose stated hereon; over, under, along, across and upon the real property des1 Exhibit “A for the benefit of the property referred to in Exhibit “B. This covenant for e’ may be released only according to the procedures established by law if it is determine 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 Minor Sut number MS 95-02 issued by the City of Carlsbad for development located on real described as Lot 19 of Block E of Map No. 2152, filed in the Office of the County Rec San Diego County, State of California on March 7, 1929. 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: I MastersiFormsICovenant for Easement 1 Rev. 4/2B/E 0 0 1425 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for drainage and flowage over, under, along and upon the burdened property for the benefit of the property benefited and enforceable by the City and the Owner of the property benefited and any successors ir to the property benefited by this covenant. All future use of the property along the 1 courses will not restrict, impede, divert or otherwise alter drainage flows in a manner result in damage to the underlying and adjacent properties or the creation of a public n The drainage courses shall be maintained in perpetuity by the underlying property own€ This covenant for easement shall run with the land, and the burdens of the COVC easement shall be binding upon and the benefit of the covenant for easement shall inu benefit of all successors in interest to the real property. pJ {” f-? - I h Dated: 2 : ._ [$ c- cd( q !”j,;,,; < * .. / { d( { ’I. ,’ , “c L-2 2. < r - Renee D: G’aitaud-+ i ,< \ .! (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACH 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 BOAR1 DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIEh AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FC EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney /. Fg/iy-k( / /q Lii 2 MastersiFormslCovenant for Easement Rev. 41281 0 0 .If 426 State of California ) 1 County of San Diego ) I On , -),nnz p*%+ before me, b&d'&+ \&H[.*d'& 7 (Date) ' (Name, Title of 0 personally appeared k h.<G pJ,,,q@q A - (Name[s] of Sign€ L personally known to me (proved to me on the basis of satisfactory evidence) to be the person(9) whose is/&e subscribed to the within instrument and acknowledged to me that h& executed the same in hd/her/thkir authorized capacity(+), and that by hi& signature(*) on the instrument the person(@, or entity upon behalf of which the I acted, executed the instrument. ,. ... -~. ~ i 5, . - .._. -,,- .- ~ -, .. ., . . ::: .:&""" .:-: ,*:,'.;>'; :'',;'..!,,; [;&,;.;g :';.. "! ,. . .:.;,.;,,:;,.; ,.ifJs. j{L<,:, ,;, ,, ' ' <: .I ,. ;r.;,:>,.'l ":$':,,*: -%..%, . , , .... ., . I \; . ;x , *-+,;;/ I ,,y;'.' ': . .- ~. (This area for official notary seal) , _. ., :.':.,: -. , : ,.:,:..r!, '~, ._ .. .. . . .. , . . .I I ; .,-.I , : ... $ -. .. . . .>;:.: :a .. . . "..~ . -. , . . . . : .~.- .!.,I, ;::, ', ' . , .i ~. '~; , . -<,. , . .. . . Title or Type of Document Liq)3"M fi+ -3q Date of Document & 1: up$ No. of Pages 9 Signer(s) other than named above I1 I I 3 Masters/Forms/Covenant for Easement Rev. 4/28/! 0 0 4427 EXHIBIT A (Parcel 2) Those portions of Parcel 2 of Parcel Map No. jf? /e: 6 , recorded in the Office of the County Recorc of San Diego County, State of California as File No. - .c"c~, on IZ -3&-7& , 199-, described; PARCEL A-1 A strip of land 10.00 feet in width, the centerline of which is described as follows: Beginning at a point on the Southeasterly line of said Parcel 2, lying South 65'29'56" West 14.98 feet fr the intersection with the Southwesterly sideline of Park Drive (26 foot half-width); thence leaving s Southeasterly line North 24O57'34'' West 90.00 feet to a point on the Northwesterly line of said Parcel lying South 65'29'56" West 15.70 feet from the intersection with the Southwesterly sideline of Park Dr (26 foot half-width). The sidelines of said 10.00 foot strip shall be lengthened or shortened to terminate in said Southeasterly 2 Northwesterly lines of Parcel 2. PARCEL A-2 A strip of land 4.00 feet in width, the Southwesterly sideline of which is described as follows: Beginning at a point on the Southeasterly line of said Parcel 2, lying South 65'29'56" West 150.00 i from the intersection with the Southwesterly sideline of Park Drive (26 foot half-width); thence leaving s Southeasterly line North 61'08'21'' West 1.62 feet; thence North 44'13'55" West 52.75 feet; thence Nc 72'29'03'' West 29.57 feet; thence North 5 l"57'39" West 21.69 feet to a point on the Northwesterly line said Parcel 2, lying South 65'29'56" West 200.75 feet from intersection with the Southwesterly sideline Park Drive (26 foot half-width). The Northeasterly sideline of said 4.00 foot strip shall be lengthened or shortened to terminate in s Southeasterly and Northwesterly lines of Parcel 2. "-7 n G#A.A.4 pd. -y" 74- r/q a Gary M. Szytel LIS 4458 /J dl,& I. .; * Date (. ’ -, e e 14.28 EXHIBIT B (Parcel 2) Parcels 3 and 4 of Parcel Map No./& / 6 6 , recorded in the Office of the County Recorder of Ss Diego County, State of California as File No. qz ,--L -2 1 on 12 - 30-72 , 199-. ,*; z”c->j 5” . (,2 .- -7d*d%+ Gary M. Szytel LS 4458 / &&/q 4 $ Date e. ,& e ,* 8": e 1429 EXIIIBI'I' C - Prepared lly: s SzyCel k:ardiareeri and Snrveyinrg, I 304 Slulr PI. b:srontliJt~. t 'ulllorslu YZilIY 7MlY) 741-LY7Y I' (61)) 741-3 y;b<A/,; 2Lf:,"+7y Y 6 (iary hl. SlYlCl lkI:24(lHil I s 458 Innrr.. ._