HomeMy WebLinkAboutPR 07-114; Katich, Sally H; 2007-0794013; CovenantRECORDED ;<£(,)LJ];ST OJ-'
First American Title
SUBDIVISION MAPI-ING UEPr.
r
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
^073
DOC# 2007-0794013
DEC 26, 2007 4:40 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 RY J. S MIT H. CO U N T Y R E TO R D E R
FEES: 25.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 206-150-23
PROJECT NO. & NAME: PR 07-114
(MS 04-14)
Katich drainage easement
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)
Sally H. Katich, a widow, 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 cioals of the City.
This covenant for easement is required by a condition of approval for a Minor Subdivision
number MS 04-14 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:
See Exhibit "B" attached hereto and made a part hereof.
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Exhibit "C" is provided for clarity only.
This covenant for easement provides for drainage 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: //— *? -Q *? Sally H. Katich, a widow _
Sally H. Katich, Owner
(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
Deputy City Attorney
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10734
State of California
County of San Diego
On /V0V *f '^l^^7
(Date)1
personally appeared
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before me, ^&»f \ N?\, v
^\\v/ u, K
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<\ VVv ^-O^J4/vi Jvcfc^y \W&\\£,
O (Name, T^e of Office^
^V cK.
(Name[sf of Signer[^)
, D personally known to me -OR -,
(proved to me on the basis of satisfactory evidence) to be the person(ff) whose name(e)
is/art subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in Ws/her/tberr authorized capacity(\&s), and that by bis/her/ttjeti*
signature^) on the instrument the person^ or entity upon behalf of which the person^ef
acted, executed the instrument.
WITNESS my hand and official seal
A.
rJMA
1SERINA KIM LOGAN
Comml**lon# 1757222
Notary PutoHc - ColHofrto f
Son tX^o County C
12.2011 I
Signature of Notary
(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. 4/28/97
10735
EXHIBIT "A"
PR 07-114
An easement for private drainage purposes over, under, aj-ong and
across that portion of Parcel 2 of Parcel Map No. ^jQ^f-IJy , 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 j£r24?~2&O7as f ileaccy?-/'?^^/^,
further described as follows:
Beginning at the northeasterly corner of said Parcel 2 in the
westerly line of Highland Drive at a point on a 725 foot radius
curve concave to the east which radial line bears South
85°39'28" East;
Thence southerly along said curve through a central angle of
01°43'13" a distance of 21.77 feet to the True Point of
Beginning from which a radial line bears South 87°22'41" East,
said point also being the most northerly southeast corner of
said Parcel 2;
Thence leaving said line of Highland Drive and along the line of
said Parcel 2 the following courses and distances:
North 63°16f48" West a distance of 70.40 feet to a point;
South 63°48'24" West a distance of 60.50 feet to a point;
South 26°41'20" West a distance of 121.50 feet to a point being
the most southerly southeasterly corner of said Parcel 2;
Thence along the southerly of said Parcel 2 the following
courses and distances:
North 44°22'50" West a distance of 3.69 feet to a point;
North 63°16'48" West a distance of 1.51 feet to a point;
Thence through said parcel 2 the following courses and
distances:
North 26°41'20" East a distance of 121.98 feet to a point;
North 63°48'24" East a distance of 62.16 feet to a point/
snr i OF
10736
EXHIBIT "A" cont.
PR 07-
North 63°16'48" East a distance of 73.07 feet to a point on said
725 foot radius curve in the westerly line of Highland Drive
from which a radial line bears South 87°07'07" East;
Thence southerly along said curve through a central angle of
00°15'34" a distance of 3.28 feet to the True Point of
Beginning.
Containing 1,129.66 square feet of land more or less.
Prepared by:
David Jo11 Exp. Date 12/31/08
SHT 1
EXHIBIT "B"
PR 07-114
10737
Parcel 1 of Parcel Map No. Zj&y/^j , 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 t2--2>'rt as file no-
Prepared by:
David Exp. Date 12/31/08
CURVE TABLE
NO.
C1
C2
C3
A ANGLE
01*43*13"
00*15*34"
15*45'15"
RADIUS
725.00'
725.00'
725.00'
LENGTH
21.77'
3.28'
199.35'
EXHIBIT "C'
PR 07-114
10738
50 50 100 150 tf.*a&.<$•
Scale: 1" = 50'tftf oT
_£Y
POINT OF BEGINNING *tfk<%^
N 63*16*48" W
73.07'
4 N 63" 16 48 W
3'70.40'
73?(/f W/A/r
(9F BEGINNING
PCL 2
MS 04-14
!s*f
2^
68.01'
^
5'
-5'v
Eo^
PCL. 1
MS 04-14
LINE TABLE
N 63*16'48" W
1.51'
NO.
L1
L2
L3
DIRECTION
S 66*28'11" W
N 59*22' 15" W
N 44%22'50" W
DISTANCE
17.79'
29.24'
32.38'
*J n -140.86'-
•12-
N 44*22*50" W
3.69'
S 63*16'48" E
/
LOT 3 BLK B HAP 2152
INDICATES DRAINAGE EASEMENT OVER
PARCEL 2, MS. 04-14 OF PARCEL MAP
NO. 2OVto FOR THE BENEFIT OF
PARCEL 1, MS 04-14 OF PARCEL MAP
NO.
RECORDED
EXHIBIT PREPARED BY:
il£
DAVID JOLlY,
LIC. NO. 7672
EXP. DATE: 12/31/08
OWNER PARCELS 1 & 2 OF MS 04-14:
SALLY KATICH
4179 HIGHLAND DRIVE
CARLSBAD, CA 92008
DRAINAGE EASEMENT
OVER PARCEL 2 OF MS 04-14