Loading...
HomeMy WebLinkAboutPR 03-79; ; 2004-0052213; CovenantRECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 1.03~’ DOC # 2004-0052213 I 111111 11111 11111 11111 1111 11llll Ill11 11111 11111 11111 11111 IIUI Ill1 1111 2~4405221g SPACE ABOVE THIS LINE FOR RECORDER‘S USE ASSESSOR’S PARCEL NO. 21 5-070-09-00 PROJECT NO. & NAME: MS 01-04 Lynn Minor Subdivision PR 03-79 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 “6”. 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 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 H:/Development SeNices/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 10359 See Exhibit “B” attached hereto and made a part hereof. Exhibit “C” is provided for clarity only. This covenant for easement provides for Private Sewer 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 \0-20-03 to the real (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 ATTORNEYS WITH RESPECT THERETO. APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 H:/Development ServiceJMasterdDeeds-Grant Deeds-EaserrentJCovenant for Easement Rev. 4/28/97 State of California 1 1 County of San Diego 1 L t \e, n& ,PWL , (Name, Title of Officer) ofih~ a, eefore me%lrfi; personally appeared W\Cl\aSn uq-m mJ GuldaLe c . tyn / (Date) (Name[s] of Signerts]) 0 personally known to me -OR -6 (proved to me on the basis of satisfactory evidence) to be the person@ whose name bre subscribed to the within instrument and acknowledged to me that hsklthey executed the same inhhheir authorized capacita, and that by hhrck'Br/their signaturaon the instrument the persh or entity upon behalf of which the pers acted, executed the instrument. WITNESS my hand and official seal Signature of Notary - official notary seal) Date of No. of Pages 3 Document OCA * 20 mvr3 &*Wl 'I I/ Signer(s) other than named above'' &a, cc;s7? 3 H:/Development Servtces/Masters/Deeds-Grant Deeds-Easemenls/Cavenant for Easement Rev. 4/28/97 *4 1 2 9 - 4 C - c L 1 I 5 1( 11 11; 14 15 1c 17 1E 19 2C 21 22 23 24 25 10361 Pagelof1 Exhibit ‘A’ (Burdened Propeay) Covenant for Easement hr Sewer Purposes PR 03-79 Easement lipl Description: The eastierty20.00 feet of Parcel 3 of Pd Map No. /?Lfl/ , m the cttp. of Carlsbad, County of San Diego, State of catifotnia according to Official Plat thereof on file in the office of the County Recorder of said County. Containing 6,009 !%pare Feet, more or less. Attached hereto andmadeapatthereofk Jkhibit C. Subject to: Covenants, Conditions, Resmctions, ReservatJ. ‘om, Easements and R@ts-of-Way of record, ifany. f Michael L Bend, LS. 5649, Exp. 9/30/05 1 i 1 - 4 I: t 1 t 5 1( 11 1: 14 If 1t 1; 1E 15 2( 21 x 2 24 2 10362 Pagelof1 Covenant for Easement hr Sewer putposes PR 0379 Pd 1 of Parcel Map No. California, according to Official Plat thereof on file in the office of the County Recorder of said 94 1) in the City of catlsbad, County of San Diego, State of county. Michael L Benesh, LS. 5649, Exp. 9/30/05 10363 .. I COVENANTFOR SEWER EASEMENT I ~~79 ., 10364 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify 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 _joint 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: Januarv 20,2004