HomeMy WebLinkAboutPR 03-78; ; 2004-0052212; CovenantP
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SPACE ABOVE THIS LINE FOR RECORDERS USE
RECORDED REQUEST OF 10350 I)OC # 2004-0052212 First American Title 1
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RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
rnIC1AL REm SAN DIEGO ll”TY RECOIUYER’S RICE GREGWf J. SHIM, W RECORDER FEES: 30.00
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2W4-005221$
ASSESSORS PARCEL NO. 21 5-070-09-00
PROJECT NO. & NAME: MS 01-04
Lynn Minor Subdivision
PR 03-78
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)
William R. Lynn and Candice C. Lynn, 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 easemmt is required by a condition of approval for a Minor Subdivision
number MS 01-04 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 I H:lDevelopment SeNicesIMastersJDeeds-Grant Deeds-EaeemenldCovenant for Easemenl Rev. 4/28/97
10351
See Exhibit “B” attached hereto and made a part hereof.
Exhibit “C” is provided for clarity only.
This covenant for easement provides for Private 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
Dated:
of all successors in interest
10-20--03
to the real property. -n
(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 EXECUTIONS 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 AlTORNEYS WITH RESPECT
THERETO.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97
State of California
County of San Diego
(Name, Title of Officer)
On
(Date)
personally appeared UL(\1 R/Ym R kq-7 n and
(Name[s] of Signerts])
0 personally known to me -OR - < J
CnY\&ce C Lqnn <
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(p-roved to me on the basis of satisfactory evidence) to be the perso@ whose namd
\/are subscribed to the within instrument and acknowledged to me that h&&/they
executed the same in ‘FnS/wtheir authorized capacie and that byht&b.r/their
signatureon the instrument the perso6 or entity upon behalf of which the pers&
acted, executed the instrument.
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WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document
3 No. of Pages m,m of 11 D:%ent
Signer(s) other than named above --
B
3 H:/Development Services/Masters/Deeds-Grant Deeds-EasementdCovenant for Easement Rev. 4/28/97
i 10353
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Exhim (Burdened Propetty)
Covenant for Easement for Drainage huposes
PR OS78
Easement Legal Description:
That portion of Parcel 3 of Parcel Map No. 14411 ,inthecityof-baci,countyofSan
Diego, Stak of California, accordmg to Official Plat thereof on File in the Office of the County
Recorder of said Countyy described as fbllows:
Beginnins at the soudrwesterfg comer of Parcel 1 of said Parcel Mapy thence, along the
southerly line of said Parcel 1, North 80920’56” East 111.76 feet to the southeastetly
comet of said Parcel 1;
Thence, South 82024’11” East 20.05 fket to &e norbrwestedy comer of Parcel 4 of said
Parcel Map;
Thence, along the westerly line of said Panel 4, South 196’20“ East 148.67 feet to the
southwesterly comer of said Parcel 4;
Thence, along the southey4y he of said Parcel 3, North 86”5904” West 130.30 feet to
the southwesterly corner of said Parcel 3;
Thence, along the westerly line of said Parcel 3, North 128’29” West 13.04 feet to a line
which is parallel with and 13.00 feet northerly of the south+ line of said Parcel 3;
Thence, along said parallel he, South 86OWO4” East 40.00 feet;
Thence North 79”08’44” East 71.08 feet to a line which is patallel with and 20.00 feet
westerly of the westerly line of said Parcel 4;
Thence, dong said last mentioned parallel line, North l”16‘20” West 74.62 feet,
Thence North 83O55’28” West 11 1-24 feet to the westerly line of said Parcel 3;
Thence along said Iast mentioned westerlp line, North l”28’29” West to the Point of
Begmnmg.
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Exbibit 'A' (Burdened Pmperty)
Covenant for Easement for Drainage Purposes
PR 03-78
Con-~rnPogr 0
Containing 8,359 Square Feet, more or less.
Attached hereto and made apart hereof is Exhibit C'.
Subject to: Covenants, Conditions, Restrictions, ReservationS, Easements and Rlgfits-of-Way of
recd ifany.
Prepared Bp:
MLB ENGI"G
~mioMccicilE~&LcadS~
3 Michael L. Benesh, LS. 5649, Exp. 9/30/05 Date
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~tcB’(Belleaedpr0percy)
Covenant for Easement tbr Drainage Purposes PR 03-78
patcels 2 and 4 ofParcd Map No. i4 4 I/ , in the City of Carlsbad, County of SQn Diego,
State of California, according to Official Plat thereof on File in the Office of the county Re-
codex of said county.
55mlcrl EXHIBIT =Cm I I
COVENANT FOR DRA~UAGE EASEMENT I tW 03-78
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certifL that the interest in real property conveyed by the Covenant For Easement
dated October 20,2003, from William R. Lynn and Candice C. Lynn, husband and Wife as ioint
tenants, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the
City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on
September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized
officer.
DATED: January 20,2004