HomeMy WebLinkAboutPR 2.3.35; CARLTAS CO.; 90-014542; Covenant+. , 7.' a 2354
RECORDING REQUESTED BY: 1
b City of Carlsbad ) 1 WHEN RECORDED MAIL TO: 1
City Clerk 1 City of Carl sbad 1 1200 Elm Avenue ) Carl sbad, Cal ifornia 92008 1
913 61'4542
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PR 2.3.35
COVENANT FOR EASEMENT
with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140)
(Government Code Art i cl e 2.7 commencing B&
1. Carl tas Company, a Cal ifornia 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 paragraph 4 hereof. This covenant
for easement may be released only according to the procedures establ ished 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.
2. This covenant for easement is required by a condition of approval
for a Site Development Plan 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
foll ows:
Lot 1 of Carl sbad 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 foll 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. p!
~ CI ( 0 2355 0
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: \0,./3>/<7 Carl tas Company, a Cal ifornia Limited partnership
BY 1 C i op er C. Cal kins, Manager
(NOTARIAL ACKNOWLEDGEMENT 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
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.
Approved as to form: Y *
0
VINCENT F. BIONDO, JR., City Attorne
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pP 2*3 03s .
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1 } ss.
1
’ 2356
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3 On November 1, 1989 , before me, the undersigned, a Notary Public in and for said State, personally appeared
personally known to me (+x=”p~ev& t=: 2: sz thc basic s€ s) to be the person that executed the within instrument as Manaqer on behalf of Carltas Company,
a California Limited Partnership , the partnership therein named
Christopher C. Calkins
, and acknowledged to me that the partnership executed it.
i“- - - -.-..I .*_ 1 . :“
WITNESS my hand and official seal. 1 a ,ZOFJYAL SEAL I{
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1 Signature
- du, VL E.-MIZOCK
Notary Publlc-Californla
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SAN DIEGO COUNTY i
., v - y My Comm. Exp. Jan. 27. 1992 B
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e 235 7 0
EXHIBIT A
PR 2.3.35
THOSE PORTIONS OF LOTS 1 AND 2 OF CARLSBAD TRACT 87-3 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, CALIFORNIA, OCTOBER 28, 1988 DESCRIBED AS FOLLOWS :
PARCEL 1 (ACCESS EASEMENT)
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE NORTH
21° OOtOO" EAST 33.50 FEET; THENCE NORTH 69°00'00" WEST 20.00
FEET; THENCE SOUTH 21° OO'OOff WEST 31.77 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID AUTO CENTER COURT, SAID POINT BEING ON A
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET TO WHICH POINT A RADIAL BEARS NORTH 14021'40tf EAST; THENCE EASTERLY 20.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23"09'40" TO THE POINT OF BEGINNING.
AREA OF DEDICATION: 639.04 SQUARE FEET
COVENANT OF EASEMENT
&&.&&75/L&$ /Q/bhF+
CHARLES S. KAHR RCE 23907 DATE
REGISTRATION EXPIRES 12/31/89
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MAP bD, E242
PARCEL f
ACCESS WMEbi1
KAHR AND ASS0
ENCIIVI TAS,CA ?ZQ
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CHARLES S. KAHR
ACE 23907
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I. * 23590
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 tile city Council of the City of Carlsbad, California, yursuallt to
Resolution No. 89-439 , adopted on December 19, 1989 7
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: December 21, 1989
BY :
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