HomeMy WebLinkAboutPR 2.3.26; CARLTAS CO.; 90-014543; CovenantU/Id *J -2 .. 0 2330 90 bI.543
L RECORDING REQUESTEU BY: 1 City of Carlsbad 1 1 WHEN RECORDED MAIL TO: 1
City Clerk 1 City of Carlsbad ) 1200 Elm Avenue 1 Carlsbad, California 92008 1
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PR 2.3.26 COVENANT FOR EASEMENT W) (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)
1. Carltas Company, a California Limited Partnership hereinafter
referred to as Owner creates a covenant for easement for the purpose stated
hereon; over, across and upon the real property described in paragraph 3 hereof
for the benefit of the property referred to in paragraph 4 hereof. 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 1 and use goals of the City.
2. This covenant for easement is required by a condition of approval
for a Site Development P1 an Number 88-03 issued by the City of Carl sbad for
development located on real property described in paragraphs 3 and 4 hereof.
3. The property burdened by this covenant for easement is described as
fol 1 ows :
Lot 2 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof, No. 12242, filed in the office of the County Recorder of San Diego County, October 28, 1988.
4. The property benefited by this covenant for easement is described
as fol 1 ows :
Lot 1 of Carlsbad Tract No. 87-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12242, filed in the office of the County Recorder of San Diego County, October 28, 1988.
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5. This covenant for easement provides for joint use of the existing
driveway serving Lots 1 and 2 as shown on Exhibits A and B attached, over, across
and upon the burdened property for the benefit of the property benefited and
shall be enforceable by the City, by the Owner of the property benefited and by
the successors in interest to the property benefited by this covenant.
6. This covenant for easement shall run with the land, and the burdens
of the covenant of easement shall be binding upon and the benefit of the covenant
of easement shall inure to the benefit of all successors in interest to the real
property.
Dated: /d c 3/-"6! Carl tas Company, a California Limited partnership -
B ~ ri t pher Cal kins, Manager
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER 4d ST 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
TRUE 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 SIGNING 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.
f Approved as to form: .
0 ._ P
VINCENT F. BIONDO, JR., City Attorne
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'. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On November 1, 1989 , before me, the undersigned, a Notary
Public in and for said State, personally appeared
personally known to me +r peve2 tr lae =E Lk -Iw sf # to be the person that executed the within instrument as Manaqer on behalf of Carltas Companv, a California Limited Partnership , the partnership therein named and acknowledged to me that the partnership executed it.
Christopher C. Calkins
WITNESS my hand and official seal.
Signature *ee BdM
I 0 2363
EXHIBIT A COVENANT OF EASEMENT
PR 2.3.26
THOSE PORTIONS OF LOTS 1 AND 2 OF CARLSEAD TRACT 87-3 IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO HAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, CALIFORNIA, OCTOBER 28, 1988 DESCRIBED AS
FOLLOWS :
PARCEL 1 (ACCESS EASEMENT)
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE ALONG
THE SOUTHERLY LINE THEREOF BEING ALSO THE NORTHERLY LINE OF AUTO
CENTER COURT, SOUTH 52O28'40" EAST 15.65 FEET TO A LINE PARALLEL
WITH AND 15.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 2; THENCE NORTH 21'0O'0Off EAST ALONG SAID PARALLEL LINE 37.95 FEET;
THENCE NORTH 69°00'00fi WEST 15.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 2; THENCE SOUTH 21" OOi0O" WEST 33.50 FEET ALONG
SAID WESTERLY LINE OF SAID LOT 2 TO THE POINT OF BEGINNING.
AREA OF DEDICATION: 535.88 SQUARE FEET
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CHARLES S. KAHR RCE 23907 DATE REGISTRATION EXPIRES 12/31/89
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I~IJA? NO, 12242
PARCEL /
ACCESS WXMEl-47 P7: OF BEG/NN/NG
AHR AND ASSOC.
CHARLES S. KAHR
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CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
October 31, 1989 , from Carltas Company
"""""""""""""-"""""""" to the City of
Carlsbad, California, a Municipal Corporation, is hereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-439 , adopted on December 19, 1989 Y
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: December 21, 1989
BY :
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