HomeMy WebLinkAboutPR 07-105; Michael D O'Gara and Vicki B O'Gara; 2008-0250609; Covenantn
Recording requested ftv
LandAmerica Developer Services
Subdivision Department
- RECORDING REQUESTE&-BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DQC# 2008-0250609
MAY 09, 2008 11:19 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH.. COUNTY RECORDER
FEES: 25.00
PAGES:
4376
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 156-212-17
PROJECT NO. & NAME:
PR 07-105 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 «is 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 Minor Subdivision
03-07 issued by the City of Carlsbad for development located on real property described in
Exhibit "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:
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See Exhibit "B" attached hereto and made a part hereof.
Exhibit "C" is provided for clarity only.
This covenant for easement provides for joint access and utility 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:
(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
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State of California
County of San Diego
On >O
(Date)
personally appeared
•
fe, O
-0*7 before me,
(Name, Title of Officer)
(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 he/she/^jfy)
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of
C. M. MORGAN^ ,,rCOMM. # 1474003 ;,"^NOTARY PUBLIC-CALIFORNIA v.-
SAN DIEGO COUNTY U
COMM. EXP. MARCH23,2003r'
(This area for
official notary seal)
Title or Type of Document
Date of
Document
No. of Pages
Signer(s) other than named above
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EXHIBIT "A"
PR 07-105
A 15 foot wide easement for access and utility purposes over,
under, along and across that portion of Parcel 2 of Parcel Map
No. 15172, 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 March 8, 1988 as file
no. 88-105995, further described as follows:
Beginning at the northeasterly corner of said Parcel 2;
Thence along the northeasterly line of said Parcel 2 South 34°
00f 17" East (South 34°33'46" East per Parcel Map 15172) a
distance of 15.00 feet to a point;
Thence through said Parcel 2 South 55° 59' 38" West (South 55°
27' 31 East per Parcel Map 15172) a distance of 246.24 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. 85-491822;
Thence along said line of James Drive North 22° 25' 02" West
(North 22° 55' 20" West per said file no. 85-491822) a distance
of 15.31 feet to a point in the northwesterly line of said
Parcel 2;
Thence along said line North 55° 59'38" East (North 55° 27' 31
East 243.15 feet per Parcel Map 15172) a distance of 243.05 feet
to the point of beginning.
Containing 3,668.299 square feet of land more or less.
Prepared by:
Exp. Date 12/31/08
4380
EXHIBIT "B"
PR 07-105
Parcel B of Parcel Map No.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.
Prepared by?
Exp. Date 12/31/08
c,
4381
EXHIBIT "C"
PR 07-105
VALLEY STREET
POINT OF BEGINNING
S 34-00 17" E
(S 34'33'46" E)
80.00'
15.00'
60 120
Scale: 1" = 60'
OWNER PARCa 2 PARCEL MAP 15172:
MICHAEL AND VICKI O'GARA
3200 JAMES DRIVE
CARLSBAD, CA 92008
INDICATES 15 FOOT ACCESS AND UTILITY
EASEMENT OVER PARCEL 2 OF PM 15172
FOR THE BENEFIT OF PARCEL B. PARCEL
MAP NO 0002-01] %(g
RECORDED
UC. NO. 76
EXP. DATE: 12/31/08
*N 22>55>20" W PER DOC. | 85-491822
( ) INDICATES DATA PER PM 15172
PORTION OF JAMES DRIVE GRANTED AS
EASEMENT TO THE CITY OF CARLSBAD BY
DOC. # 85-491822 REC'D 12/30/85
ACCESS & UTILITY EASEMENT
OVER PARCEL 2 PARCEL OF MAP 15172