HomeMy WebLinkAbout1991-03-05; City Council; Resolution 91-714
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RESOLUTION NO. 9 1- 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT AND CONSENT
TO RECORDING OF EASEMENTS AND COVENANTS FOR EASEMENTS UPON
APPROVAL OF THE CITY A'ITORNEY AND CITY MANAGER.
WHEREAS, Section 27281 of the Government Code requires that deeds or E
conveying any interest in or easement upon real property to a political corporatic
governmental agency for public purposes shall not be accepted for recordation withoi
consent of the grantee, evidenced by its certificate or resolution of acceptance attach
or printed on the deed or grant, and
WHEREAS, the Government Code further provides that an officer or agent (
legislative body of a municipality can be authorized to accept and consent to filing of
documents for recordation if such authority is granted by a resolution of the legislative t
and
WHEREAS, the City Council has determined to delegate that authority under a
conditions to the City Attorney and City Manager.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the C
Carlsbad, as follows:
1.
2.
That the above recitations are true and correct.
That the City Attorney and City Manager are authorized to jointly approvl
acceptance of easements and covenants for easements required as a conditio
development provided they are properly executed on the approved standard form atta
as Exhibits A through D.
Ill
111
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3. That the City Clerk is authorized to accept and consent to recordati
easements and covenants for easements upon approval by the City Attorney anc
Manager.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc
held on the 5th day of March, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and 1
NOES: None
ABSENT: None
ATTEST:
AAZkL na. ALETHA L. UTE
(SEAL)
i RECORDING REQU TED BY 0 Cf AND WHEN RECORDED MAIL TO
L r City Clerk 1 Name
Street Address 1200 Carlsbad Village Drive
City & Carlsbad, CA 92008 State
City of Carlsbad
L _I
MAIL TAX STATEMENTS TO
r- 1 Name
Street Address EXEMPT
City & State L -A
SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GRANT DEED PR
OF EASEMENT APN
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
a partnership organized under the laws of the state of hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad County of San Diego, State of California
for an easement for purposes as described in Exhibit "A" consisting of pag attached hereto and made a part hereof. Exhibit "B" consisting of - page(s) is attached
for clarity only.
DATED
BY
Name
STATE OF CALIFORNIA BY
County of Name
( On before me,
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to instrument and acknowledged to me that he/she/they executed the same in hiskerltheir authorized capaci
that by hisherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official seal.
name and title of the officer), personally appeared , personally known I
Signature (Seal)
MAIL THIS STATRMFSNT AS n1RlWTF.T) AROVE
0 RECORDING REQU TED BY 6 AND WHEN RECORDED MAIL TO
4 r- City Clerk 1
* Name City of Carlsbad Street Address 1200 Carlsbad Village Drive
City & Carlsbad, CA 92008 State L 1
MAIL TAX STATEMENTS TO
r- 1 Name
Street Address EXEMPT
City & State L __I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED PR
OF EASEMENT APN
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad County of San Diego, State of California
an easement for purposes as described in Exhibit "A" consisting of page( attached hereto and made a part hereof. Exhibit "B" consisting of - page(s) is attached
for clarity only.
DATED
BY
Name
BY
STATE OF CALIFORNIA
COUNTY OF
On before me, ( name and title of the officer), personally appeared , personally known
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci
that by hishedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official seal.
Name
Signature (Seal)
MAIL THIS STATEMENT AS DIRECTED ABOVE
0 RECORDING REQU TED BY
1
r AND WHEN RECORDED MAEL TO
City Clerk
City of Carlsbad
? r Name
Street Address 1200 Elm Avenue
City & Carlsbad, CA 92008 State L 1
MAIL TAX STATEMENTS TO
r 1 Name
Street Address EXEMPT
City & State L _I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CORPORATION GRANT DEED PR
OF EASEMENT APN
The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (x)City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
a corporation organized under the laws of the State of California, hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for
and made a part hereof. Exhibit "B" consisting of -page(s) is attached for clarity only.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its President and
purposes as described in Exhibit "A" consisting of - page(s), attached heret
Secretary thereunto duly authorized.
(Name of Company)
DATED
BY
Name
BY STATE OF CALIFORNIA
COUNTY OF
On before me, (here
name and title of the officer), personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the wit
instrument and acknowledged to me that hejshelthey executed the same in his/her/their authorized capacity(ies), ai that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(?,;
acted, executed the instrument.
Name
WITNESS my hand and official seal.
Signature (Seal)
MAIL THIS STATEMENT AS DIRFfTED ABOVE
a 0 EX1
1 1 1
1
1
RECORDING REQUESTED BY: City of Carlsbad City Clerk
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Carlsbad Village Drive ) Carlsbad, California 92008
i
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
referred to as Owner creates a covenant for e;
rpose stated hereon; over, across and upon th
cribed in Exhibit IlAll far the benefit of the PI
in Exhibit llB1l. This covenant for easement
is determined by the City that the covenant is no longer ne€
achieve the land use goals of the City.
This covenant for easement is required by a condit
approval for a number
issued by the City of Carlsbad for development located o
property described in Exhibits VIA8t and I8BI1.
The property burdened by this covenant for easemc
described as follows:
See Exhibit tlAtl attached hereto and made a part hereof Exhibit IrCI1 is provided for clarity only.
The property benefited by this covenant for easemc
described as follows:
See Exhibit IrBtl attached hereto and made a part hereof
Exhibit llCtl is provided for clarity only.
Agreements/AG-5.FRM
0 a
This covenant for easement provides for
over, across and upon the burdened proper
the benefit of the property benefited and shall be enforce?
the City and the Owner of the property benefited and any succ
in interest to the property benefited by this covenant.
This covenant for easement shall run with the land, E
burdens of the covenant shall be binding upon and the bene
the easem shall inure to the benefit of all successors
EMENT OF EXECUTION BY OWNER MUST BE ATTP
DENT OR VICE-PRESIDENT AND THE SECRET
ASSISTANT MUST SIGN FOR CORPORATE EXECUTIONS 0
DOCUMENT. LY A TRUE COPY OF A RESOLUTION OF THE BC
DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECREY
INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILI
SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATI
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENI!
EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH R
THERETO.
Approved as to form:
THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWER3
VINCENT F. BIONDO, JR., City Attorney
Agreements/AG-S.FRM
.< L
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A REMEST FOR APPROVAL TO A= PT
EASEMENTS OR COVENANTS FOR EASEMENTS
1. Project Name:
2. Project ID No.:-
3. Map/Drawing No.:
4. Type of Easement or Covenant:
5. Reason for Easement or Covenant:
6. Required by:
CMC Section: No.
Planning Commission Resolution No.
Condition of Approval No. City Council Resolution No.
7. Title Information Reference
8. Subordination Required ( ) YES ( )NO WHY
9. Comments:
Submitted By: Date
Principal Civil Engineer Approval: Date
City Engineer Approval: Date
City Attorney Approval: Date
City Manager Approval: Date
PLEASE SUBMIT TO CITY CLERK FOLLOWING CITY MANAGER APPROVAL.