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HomeMy WebLinkAboutMS 98-01; JENSEN, JON A.; 1999-0247277; Covenant-8 p&COctreL: aL iilb; ilc;qguesr 0 g Chicago Title RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 f10 If I 73J34//%+d @ _;-. i ,. .. .- - IIII ~~~~I111111111~ 1939-0247277 SPACE ABOVE THIS LINE FOR RECORDEI ASSESSOR’S PARCEL NO. 210-120-31 PROJECT NO. & NAME: MS 98-01 JENSEN PARCEL MAP . ” ” i- I I i , s.4 \\r! :& ii \QJ i 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) Jon A. Jensen, hereinafter referred to as “Owner” creates a covenant for easeme purpose stated hereon; over, across and upon the real property described in Exhibit ‘‘/ benefit of the property referred to in Exhibit “B”. This covenant for easement may be only according to the procedures established by law if it is determined by the City 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 SI number MS 98-01 issued by the City of Carlsbad for development located on real 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: See Exhibit “B” attached hereto and made a part hereof. 1 MastersIFormslCovenant far Easement Rev. 4/21 0 -. 82# Exhibit “C” is provided for clarity only. This covenant for easement provides for drainage over, across and upon the b property for the benefit of the property benefited and shall be enforceable by the City Owner of the property benefited and any successors in interest to the property benefitec covenant. This covenant for easement shall run with the land, and the burdens of the cove easement shall be binding upon and the benefit of the covenant for easement shall inur benefit of all successors in interest to the real property. Dated: (79 9 /\ u (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 By: , Jc(- ~k 2 fqc ba City Attorney / MastersIFormslCovenant for Easement 2 Rev. 412t e 8'2 4 '? 0 State of California 1 ) County of San Diego 1 r\ )I On q, 3 -cjq before me, j',, , j. ,;I 2 /J'c \: :I S;:.;j j I, , ),. ' ,y+ I^ .q <. 1 b; , !* , $1 'i ., , (Date) v , .I\ (Name, Title of Officer) - I-: 7 personally appeared 'LI Lc L" - Li - I, d45 .,,-I 5< !''\ (Name[s] of SignerCs]) L ,persbnally known to me-OR - (p-9-s~7--s- Of-satisfactor)Le-vid~~) to be the person$%) whose name is* subscribed to the within instrument and acknowledged to me that he/sM/tt executed the same in his/h&/Mkir authorized capacitym, and that by hisM/t] signaturew on the instrument the personw, or entity upon behalf of which the persor acted, executed the instrument. . .__ ~.. - "." " . " WITNESS my hand and official seal /, 1 3 \,> i; i / #.,/.[l.,. I\ ) LA i. (I & ,/i( Sifjhadke of NotaG" ' (This area for official notary seal) Title or Type of Document ('Gc-?~'lh!*\+ -iC. C b~~.>kr"-X?yl~~ Date of Document ,Jcx- 1 1 2, \ ii6;c No. of Pages (-4 . I v,lk i ,;(.! it-!^. til, 5 ;>cy c., c;_ Signer(s) other than named above I' - ,. -. e 8248 0 LEGAL DESCRIPTION EASEMENT FOR CROSS LOT DRAZNAGE TO BENEFIT PARCEL 1 BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 181-36 (CITY 01 CARLSBAD MINOR SUBDIVISION 98-01), IN THE CITY OF CARLSBAD, COUNTY OF SAT DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDEl OF SAN DIEGO COUNTY, +/J- W?+?DESCRIBED AS FOLLOWS: AN 8 FOOT STRIP OF LAND, THE CENTERLINE OF SAID 8 FOOT STRIP BEINC DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LXNE OF SAID PARCEL 2, SOUTI- 59'21'10" WEST, 126.40 FEET FROM THE NORTHEASTERLY CORNER OF SAID PARCEI 2; THENCE SOUTH 46"58'10" EAST, 62.54 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 2, SAID POINT BEING SOUTH 59'21'10" WEST, 108.83 FEET FROM THE SOUTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 49"52'22" EAST, 56.6: FEET; THENCE SOUTH 87" 13'58" EAST, 1 1.79 FEET TO A POINT IN THE NORTHERLI LINE OF THAT CERTAIN 10 FOOT EASEMENT FOR PEDESTRIAN ACCESS AS GRANTED TO THE CITY OF CARLSBAD, PER DOCUMENT RECORDED SEPTEMBER 3, 1997, AS HEREIN ABOVE DESCRIBED CENTERLINE, THE SIDE LINES OF SAID 8 FOOT STRIP BEING LENGTHENED OR FORESHORTENED SO AS TO TERMINATE IN THE NORTHERLY LINE OF SAID PARCEL 2 AND IN THE NORTHERLY LINE OF SAID 10 FOOT EASEMENT FOR PEDESTRIAN ACCESS. TOGETHER WITH THAT PORTION OF SAID 10 FOOT EASEMENT FOR PEDESTRIAN ACCESS LYING WESTERLY OF THE ABOVE DESCRIBED 8 FOOT STRIP OF LAND. FILE NO. 1997-0427136, OF OFFICIAL RECORDS, AND TO THE TERMINUS OF THE 02lYLEUl.WYL) WdA ,+/8 A EXHIBIT : rS3;ol .,ns 1s: 42 *F19 e 2987 DGB SrRV & II.kPP " b 8289 EXHIBIT "B" LEGAL DESCRIPTIOR ALL OF P.UKEL 1 OF PARCEL 3L4P NO. 1823b (CITY OF CARLSBAD MI? C.4L.FORXiA FILED IN TJ3E OFFICE OF THE COUNTY RECOTU>ER OF SAN DIJ COUNTY, Y-/s , 1999. SUBDIVISION 98-01}, m THE CITY OF CARLSQAD, COUNT\' OF SAN DEW. STAT1 4 3 :I t i ":ig12EG2 'V.".'L~ 3 1 J .' -1 ! / 1 x >- $2 x0 E PbZ rz b '73 2 b n =c L ;r QJ !"&I LV (2 ma2 z !z 1 L N 30'33'53" w (2~0.02') " m 9 "7 1 CARLSBAD BOULEVARD 9 - - "_ - _____ - "- - -A" ~- - ~- - ~ 0 c C1 9 "" ". .- - 1 9 0 0 rpi 9ddY'li D M.1S E)U Lr;Ij.? TZt Ijro= Ct :ST Ij ' '. e 8251 0 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the interest in real property conveyed by the Covenant of Easemer April 2, 1999, from Jon A. Jensen, to the City of Carlsbad, California, a municipal corporation, i hereby accepted by the City Council of the City of Carlsbad, California pursuant to Ordinanc No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation there1 by its duly authorized officer. DATED: April 13,1999