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HomeMy WebLinkAboutPR 07-103; Michael D O'Gara and Vicki B O'Gara; 2008-0250611; CovenantV? Recording LandAmerica Developer Service; Subdivision Department RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DGC# 2008-0250611 MAY 09, 2008 11:19 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 25.00 PAGES: 4388 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 156-212-14 PROJECT NO. & NAME: PR 07-103 O'Gara Minor Subdivision 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 D. O'Gara and Vicki B. O'Gara, 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 condition of approval number 12 of Minor Subdivision 03-07 approval letter dated June 9, 2004 issued by the City of Carlsbad for development located on real property described in Exhibit "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 Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 4389 See Exhibit "B" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. This covenant for easement provides for drainage purposes over, across and upon the burdened property for the benefit of the property benefited and sha" 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: V'&, (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:/Developmenl Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28/97 4390 State of California County of San Diego On before me, (Date) personally appeared fY\>dAQTg-l ro4 * Q.r> (Name, Tffle of Officer) & O Yo (Name[s] of Signer[s]) _, D personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in his/her/lfieir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person acted, executed the instrument. WITNESS my hand and official seal (s), or entity upon behalf of which the person(s) C. M. MORGANS » COMM.# 1474003 %NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY 0 COMM. EXP. MARCH 23,2008 -* Signature of (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 4/28^7 4391 EXHIBIT "A" PR 07-103 A 5 foot wide easement for drainage purposes over, under, along and across that portion of Parcel A of Parcel Map No. COO^?If$(0, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County £^^0% as file no. Q^ 0(# 0% ? further described as follows: Commencing at the easterly corner of said Parcel B; Thence along the northeasterly line of said Parcel B North 34° 00' 11" West a distance of 79.94 feet to the northeasterly corner thereof; Thence along the northwesterly line of said Parcel B South 55° 59' 28" West a distance of 115.00 feet to the Northeast corner of Parcel A of said Map and being the True Point of Beginning; Thence along the northwesterly line of said Parcel A South 55° 59' 28" West a distance of 111.66 feet to a point in the easterly line of easement for James Drive as described in deed of the City of Carlsbad filed in the office of the County Recorder of San Diego County December 30, 1985 as file no. 85- 491827; Thence along said line of James Drive South 22° 25' 02" East (North 22° 55' 20" West per said file no. 85-491827) a distance of 5.10 feet to a point; Thence through said Parcel A North 55° 59' 28" East a distance of 112.69 feet to a point; Thence North 34° 00' 17" West a distance of 5.00 feet to the True Point of Beginning. Containing 560.869 square feet of land more or less. // Prepared by: Sy 767p Exp. Date 12/31/08 EXHIBIT WB" PR 07-103 Parcel B of Parcel Map No. 4392 in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County £)~^Q% _ as file no. Prepared by: David Jo ^-—^"vy- i""L.S. T^p;72 Exp. Date 12/31/08 4393 EXHIBIT "Cf PR 07-103 VALLEY STREET Scale: 1" = 60' INDICATES 5 FOOT DRAINAGE EASEMENT OVER PARCEL A, MS 03-07 OF PARCEL MAP NO. FOR THE BENEFIT OF PARCEL B, 03-07 OF PARCEL MAP NO. <2. RECOROED 'n-fl OWNER PARCEL A OF MS 03-07: MICHAEL AND VtCKI O'GARA 3200 JAMES DRIVE CARLSBAD, CA 92008 LIC. NO. 7672 EXP. DATE: 12/31/1 POINT OF COMMENCEMENT TRUE POINT OF BEGINNING PORTION OF JAMES DRIVE GRANTED AS EASEMENT TO THE CITY OF CARLSBAD BY DOC. # 85-491827 REC'D 12/30/85 PORTION OF JAMES DRIVE DEDICATED AND EXCEPTED PER PARCEL MAP 13793 *N 22'55'20" W PER DOC. # 85-491827 DRAINAGE EASEMENT OVER PARCEL A OF MS 03-07