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HomeMy WebLinkAboutPD 05-08; ; 2005-1001391; CovenantRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR’S PARCEL NO. 205-21 0-94 & 95 DOC # 2005-1 001 391 I llllllll11111ll1 llll111111ll111 Ill11 IIIII lllllIIIllIIllIlll11ll11 Ill1 NOV 18,2005 9:21 AM OFFICIAL RECURDS 5P.N DlEGO COUNTY RECORDER’S OFFICE IiREIiORY J SMITH, COUNTY RECORDER PAL E S FEES 25 00 7 SPACE ABOVE THIS LINE FOR RECORDERS USE PROJECT NO. & NAME: PR 05-91 PD 05-08 Shamshoian Residences 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) Michael J. Shamshoian and Lucia Ellens Shamshoian, husband and wife as joint tenants, hereinafter referred to as “Owner” creates a covenant for easement for the purpose stated hereon; over, across and upon the real property described in Exhibit “A” for the benefit of the property referred to in Exhibit “B. 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. This covenant for easement is required by a condition of approval for a Grading Plan and Grading Permit number DWG 432-1A, GR 05-38 issued by the City of Carlsbad for development located on real property 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: 1 H:/Development ServicedMasters/Deeds-Grent Deeds-Easements/Covenant for Easement Rev. 4/26/97 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for private utility and drainage purposes 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 benefited by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant for easement shall be binding upon and the benefit of the covenant for easement shall inure to the benefit of all successors in interest to the real property. Dated: /o /I 7/&- (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE MECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney BY: JLu%& Deputy City Att ney 2 H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 .- State of California ) 1 County of San Diego ) On 10- 1q-o before me, personally appeared M I[/+= L f s#fiflsko/M OL (Date) (Name[s] of Signer[s]) (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person@), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Commission # 1% (This area for official notary seal) Signature of Notary Title or Type of Document co rwd f* Of /6 -17 -0 < Date 3 No. of Pages Document Signer(s) other than named above - 3 H:/Development ServimslMasterslDeeds-Grant Deeds-EasemenWCovenant for Easement Rev. 4/28/97 EXHIBIT “A” UTILITY & DRAINAGE EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR PRIVATE UTILITY AND DRAINAGE PURPOSES OVER, UNDER AND ALONG A PORTION OF PARCEL A OF ADJUSTMENT PLAT NO. CERTIFICATE OF COMPLIANCE CE 05009 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 11, 2005 AS BEING A PORTION OF PARCELS I AND 2 OF CITY OF CARLSBAD PARCEL MAP NO. 17342, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 24, 1994, SAID EASEMENT BEING A STRIP OF LAND 5.00 FEET IN WIDTH LYING NORTHWESTERLY AND NORTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE FOLLOWING DESCRIBED LINES: ADJ 05-04 IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, PER DOCUMENT NO. 2005-059755 OF OFFICIAL RECORDS, SAID PARCEL A BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1, DISTANT THEREON NORTH 61”20’40” EAST 42.42 FEET FROM THE SOUTHWEST CORNER THEREOF, SAID POINT BEING ON THE NORTH- WESTERLY RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE (60.00 FEET WIDE); THENCE SOUTH 61 “20’40” WEST 42.42 FEET TO SAID SOUTHWEST CORNER; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 NORTH 28’36’28” WEST 11 I .22 FEET TO A POINT OF TERMINATION WITH THE NORTHWESTERLY LINE OF SAID PARCEL A, SAID NORTHWESTERLY LINE BEARS NORTH 61 “1 9’41” EAST. THE NORTHEASTERLY SIDELINE OF SAID STRIP OF LAND SHALL TERMINATE NORTHERLY AT SAID NORTHWESTERLY LINE BEARING NORTH 61”19’411’ EAST. EXHIBIT “5” LEGAL DESCRIPTION PARCEL A PARCEL A OF ADJUSTMENT PLAT NO. ADJ 05-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE CE 05009 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 11, 2005, AS OF PARCELS 1 AND 2 OF CITY OF CARLSBAD PARCEL MAP NO. 17342, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MARCH 24, 1994, MORE PARTICULARLY DESCRIBED AS FOLLOWS: DOCUMENT NO. 2005-0579755 OF OFFICIAL RECORDS, BEING PORTIONS BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 17342, DISTANT THEREON SOUTH 61”20’40” WEST 20.00 FEET FROM THE MOST EASTERLY CORNER THEREOF, SAID POINT AVENUE (60.00 FEET WIDE); THENCE LEAVING SAID NORTHWESTERLY SAID PARCEL 2 OF PARCEL MAP NO. 17342, NORTH 28”36’28” WEST 111.25 FEET; THENCE SOUTH 61”19’41” WEST 114.02 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 17342; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 28”36’28” EAST BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF MAGNOLIA RIGHT-OF-WAY LINE PARALLEL WITH THE NORTH-EASTERLY LINE OF 11 1.22 FEET TO SAID NORTHWESTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTHWESTERLY RIGHT-Of -WAY LINE NORTH 61 “20’40” EAST 114.02 FEET TO THE POINT OF BEGINNING. CON’ TAINS 0.291 ACRES n- ‘I EXHIBIT “B” LEGAL DESCRI PTl ON PARCEL B PARCEL B OF ADJUSTMENT PLAT NO. ADJ 05-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE CE 05009 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 11, 2005, AS OF PARCELS 1 AND 2 OF CITY OF CARLSBAD PARCEL MAP NO. 17342, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MARCH 24, 1994, MORE PARTICULARLY DESCRIBED AS FOLLOWS: DOCUMENT NO. 2005-0579756 OF OFFICIAL RECORDS, BEING PORTIONS BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 17342, SAID CORNER BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE (60.00 FEET WIDE); THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE SOUTH 61 “20’40” WEST 20.00 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF- WAY LINE PARALLEL WITH THE NORTHEASTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 17342, NORTH 28”36’28” WEST 111.25 FEET; THENCE SOUTH 61”19’41” WEST 114.02 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 17342; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 28”36’28” WEST 94.65 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL I OF PARCEL MAP NO. 17342; THENCE NORTH 61”91’41” EAST 134.02 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 17342; THENCE SOUTH 28”36’28” EAST 205.91 FEET TO THE POINT OF BEGINNING. CONTAINS 0.342 ACRES ,- 7 SCALE 1 ”=40’ I I -N- EXH I 8 1 T ” C”