HomeMy WebLinkAboutPR 2.3.47; LYON/COPLEY CARLSBAD ASSOCIATES; 1992-0445577; Covenant.. ;
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I tEcQ&ED REQUEST M F!.@.l BY?!C.?? h%RE C.0.
RECORDING R TarED BY: City of Carl
'WHEN RECORDED MAIL TO: $430
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c;PV Clerk 1 City of Carlsbad 1
1200 Carlsbad Village Drive ) Carlsbad, California 92008 1
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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)
See Exhibit l1Al1 attached her&= and nade a part hereof.
Exhibit trC1l is provided for clarity only.
The property benefitted by this covenant for easement is
described as follows:
See Exhibit llBrt attached hereto and made a part hereof.
Exhibit llCgl is provided for clarity only.
11 Agreements/AG-5.FRM ~ ll
i : ll This co+l
ant for easemen!t4p%~vides@r access and maintenance
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of the sound attenuation wall along Tamarack Avenue over, across
and upon the burdened property for the benefit of the property
benefitted and shall be enforceable by the City and the Owner of
the property benefitted and any successors in interest to the
property benefitted by this covenant.
This covenant for easement shall run with the land, and the
// IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FORI
EASEMENT,. THE PARTIES CONSULT WITH THEIR ATTOmEYS WITH RESPECT ~ - ~~. 11 THERETO. I( Approved as to form:
"- - ps hL14 , Der w
VINCENT F. BIONDO, JR., City Attorney
Agreements/AG-5.FRM
.I e 1442 0
ACKNOWLEDGEMENT - PR2.3.47
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
ON TU) U /B [qq. 1, , BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED GARRY M.
TARQUINIO AND ROBIN L. ADAMSON, PERSONALLY KNOWN TO ME TO BE THE
VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYON
COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHIN
INSTRUMENT, AND PERSONALLY KNOWN TO ME TO BE THE PERSONS WHO
EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID
CORPORATION BEING PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERAL
PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP
BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED
THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP
EXECUTED THE SAME.
ss.
WITNESS MY HAND AND OFFICIAL SEAL:
- & 0,MA Fd
,\ .. e I443 e
EXHIBIT "A"
LEGAL DESCRIPTION
PROJECT NUMBER - PR2.3.47 TRACT - C.T.83-32
THOSE PORTIONS OF CARLSBAD TRACT NO. 83-32, IN THE CITY OF CARLBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
THEREOF, SAID MAP HAVING BEEN FILED $&'!!3/ /L- , 19=, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS MAP NO. [%go ,
SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS:
/%
THOSE PORTIONS OF LOTS 104 THROUGH 108, INCLUSIVE, AND THOSE
PORTIONS OF LOTS 120 THROUGH 124, INCLUSIVE, THAT ARE DESCRIBED ON
SAID MAP NO. AS "INDICATES PORTION OF LOT REFERRED TO IN
ICOVENANT FOR SOUND WALL ACCESS AND MAINTENANCE EASEMENT'".
- LA w3-LL4 JOHN W. HILL, Jr. L.S. 5669 H&A SAN DIEG0,INC.
346-39
MA:ma
wp:lega1366
rev:7/15/91
..
9.
.. 0 3 444 0
EXHIBIT "B"
LEGAL DESCRIPTION
PR2.3.47
CARLSBAD TRACT NO. 83-32, IN THE CITY OF CARLBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF, SAID MAP
HAVING BEEN FILED 4 ""- U&i/' /& 199& IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AS MAP NO. ,&!<a . "
/ L.S. 5669
346-39
MA:ma
wp:legal367
rev:5/21/91
SEE SHEET 2
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, 't rl) 1448 6
4, 8% CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certlfy that the interest in real property conveyed by the grant deed or
easement, dated 7/18/91 from Lyon/Copley Carlsbad Associates, L.P.
to the City of 'Carlsbad, California, a political corporation and/or governmental agency, is
hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad,
California, pursuant to authdrity conferred by Resolution No. 91-71 of the City of Carlsbad,
adopted on March 5, 1991, And the grantee consents to che recordation thereof by it's duly
authorized officer. i i
. . . _"_ -. - "- . . - ,. . . .. - - - . . DATED: July -15, 1992
ALETHA L. RAUTENKRANZ, City-klerk