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Home My WebLink AboutAviara Land Associates; 1989-06-28; (3)e a AGREISMENT TO EXECUTE COVENANT FOR EASEMENT THIS FGREEMENT TO EXECUTE COVENANT FOR EASEMENT (the *lAgreementgV) is entered into as of June 28 , 1989, by and between AVIARA IAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (11Aviarat8), and THE CITY OF CARLSBAD, a municipal corporation of the State of California (the IrCity1l), with reference to the following facts: A. The Planning Commission of the City adopted Resoluti No. 2607 on November 4, 1987, approving PUD-102 relating to Aviarals development of the real property identified in Exhibit ItA,l1 attached hereto and incorporated herein by this reference (the l[PropertyIt). Condition no. 4 of Resolution No. 2607 provides as follows: 914) €trior to approval of a final map or building permit parking and drainage agreement shall be established, and approved by the City of Carlsbad. A note identifying this e.greement shall be placed upon the final map. II B. Aviara desires to establish reciprocal parking and drainage easements over portions of the Property, which easeme shall benefit arid burden future owners of the Property or any portions thereof'. Said easements shall be established as soon the precise locations for said easements have been determined. C. The purpose of this Agreement is to memorialize the agreement of Avj-ara to execute and record a covenant for easex establishing such reciprocal parking and drainage rights at su time as the locations thereof have been determined. NOW, THEREFORE, the parties hereto agree as follows: 1. Execution of Covenant for Easement. Prior to ( the issuance of- the first building permit for a structure loce upon the Property, or (ii) January 1, 1991, whichever first occurs, Aviara shall execute and record a covenant for easemer in the form attached hereto as Exhibit llBrl, establishing reciprocal parkmg and drainage easements over the Property, which covenant for easement shall run with the land and be binding upon al:i successors to the Property or any portion thereof. Aviaira shall deliver to the City a conformed copy c said covenant for easement reflecting its due execution and recordation. benefit of and ile binding upon the parties hereto and their 2. 13indincr Effect. This Agreement shall inure to A013112M. DB6 -1- 5/24/89 0 0 respective heirs, executors, administrators, successors and assigns. 3. Entire Aqreement. This Agreement constitutes t entire agreement between the parties hereto concerning the subject matter contained herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Attest : THE CITY OF CARLSBAD, City mrc- Clerk (SEAL) AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Republic Development Compar A013112M.DB6 -2- 5/24/89 e 0 STATE OF CALIFORNIA ) before me, the undersigned, nown to me cap President, ax son who execut 3ezr-dzrry-of Aviara LE he within instrument E General Partner of Aviara Land Associates Limited Partnership, the partnership that executed the within instrument, and such person(s) acknowledged to me that such corporation executed tl same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partnersh: executed the same. e, personally appeared WITNESS my hand and official seal. NOTARY /(&&A PUBLIC d* &&GI (Seal) ZO58201L.DW4 -3- 5/12/89 0 0 STATE OF CALIFORNIA ) COUNTY OF 777 before me, the undersigned aid State, personally appeared , personally known to me -3 erson who President, a r proved to r[ on who execc of Republic Development Company, the corporati-on that executed the withir instrument as General Partner of Aviara Land Associates Limit Partnership, the partnership that executed the within instrun and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by- or a resolution of its board of directors, and that such partnership executed the same. WITNESS my hand and official seal. (Seal) Z058201L.DW4 -4- 5/12/89 e 0 * .Shaded portions are subject to this Agreement , I. EXHIBIT "A" e m RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Street ) Carlsbad, California 92008 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) 1. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, hereinafter referred to as llOwnE creates a covenant for easement for the purpose stated in paragraph 5 hereof, for the benefit of the property referred t in paragraph 4 hereof. This covenant for easement may be released only according to the procedures established by law j 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 condition no. 4 of approval for PUD-102 in Planning Commissior Resolution No. 2607 in connection with development of the real property described therein. 3. The property burdened by this covenant for easement is described as follows: 4. The property benefitted by this covenant for easement is described as follows: EXHI BIT II B VI Page 1 of 2 0 0 5. This covenant for easement provides for over, across and upon the burdened property in favor of the benefited property and shall be enforceable by the City and tk owner of the benefitted property and any successors in interes to the benefitted property. 6. This covenant for easement shall run with the land, and the burdens of the covenant shall be binding upon ar the benefit of the easement shall inure to the benefit of all successors to the real property. Dated: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware c oration, Gener Partner P BY: ?AJYL& 4 By : +L\\\ .... I\-- By : 94-2, I* - ;-FA> I 1 By: 4 Jr AP By: Republic Development Compar a California orporation, eneral Parth r T < E XHI BIT 'I B I# Page 2 of 2 a a STATE OF CALIFORNIA ) 9 before me, the undersignec , personally known to me ~x+ge++e, ex cuted e within instrument as the % President, i personally known to me CFI~~~X be the person who execi the within instrument as the %;&/. Seem-tzq of Aviara 1 Company, the corporation that executed the within instrument General Partner of Aviara Land Associates Limited Partnershi] the partnership that executed the within instrument, and sucl person(s) acknowledged to me that such corporation executed 1 same as such General Partner pursuant to its by-laws or a resolution of its board of directors, and that such partners] executed the same. tate, personally appeared -- a WL ~~LISLC~GLULY e~- to b +he person who Jd/A2.*&*+ t-iS -Lzz~c~~ zT-' WITNESS my hand and official seal. (Seal) 2058201L.DW4 -3- 5/ 12/ 8 9 e dl, 9 STATE OF CALIFORNIA ) id COUNTY 0 &A ; ss. before me, the undersign€ r said State, personally appeared , personally known to me eie+-c - c:: the basa&-ez sp .the person who ithin instrument as the ‘%+?it own to me WG- the within instrument as the SPr_rP.tay-y of Republj Development Company, the hat executed the withi instrument as General Partner of Aviara Land Associates Limi Partnership, the partnership that executed the within instru and such person(s) acknowledged to me that such corporation executed the same as such General Partner pursuant to its by or a resolution of its board of directors, and that such partnership executed the same. President, -rT? -7, be the person who exec WITNESS my hand and official seal. (Seal) Z 0582 01L. DW4 -4- 5/12/89