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HomeMy WebLinkAboutCDP 97-59; Buena Vista Revocable Trust, John C Levy, trustee; 2025-0223738; Deed RestrictionRECORDING IS REQUESTED BY THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2025-0223738 I IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Aug 14, 2025 10:36 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (882 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO{s). : 155-190-15-00, 155-190-16-00, 155-101-67-00, 155-101-68-00 PROJECT ID. : CDP 97-59 -------------RELATED PROJECT ID. : -------------PERMIT NO.: -------------RELATED PERMIT NO: -------------DEV NO: -------------PROJECT NAME: Levy Residence -~-----------PROJECT ADDRESS: 2401 and 2403 Mountain View Dr. OPEN SPACE DEED RESTRICTION Buena Vista Revocable Trust ("OWNER" hereinafter) is the owner of real property described in Exhibit A hereto, which is commonly known as Levy Residence ("PROPERTY"). In consideration of the approval of Coastal Development Permit CDP 97-59 by the City of Carlsbad ("CITY"), OWNER hereby covenants and agrees for the benefit of the City, to the following: That the entire open space deed restriction area, as legally described and as depicted in Exhibit "B", attached hereto and made a part hereof, shall be restricted for open space/wildlife uses only, except for a lateral public access trail as shown on the site plan for CDP 97-59 and as legally described in as depicted in Exhibit "B," and any improvement necessary to implement the lateral public access trail. For purposes of this covenant, prohibited development shall ·include but not be limited to, fences, walls, decks, storage buildings, pools, spas, stairways, hardscape and landscaping, other than that approved as REV 05/2025 part of the site plan for CDP 97-59. Removal of native vegetation, as well as development within the open space deed restricted area is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the City Planner and based upon a written request of the property owner accompanied by a biology report. The report shall be prepared by a qualified biologist and indicate the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. This covenant shall run with the land and be binding upon and inure to the benefit of future owners, successors, heirs, personal representatives, transferees and assigns of the respective parties as well as those with encumbrances. Owner agrees to incorporate this deed restriction by reference in any future deeds to the property. However, a failure to do so does not invalidate this restriction or affect the rights and duties of any party, person or entity as stated herein. If the City is required to incur costs to enforce the provisions of this covenant, and is the prevailing party, City shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performance of this covenant the right to enforce this covenant against OWNER and recover costs. REV 05/2025 Executed by Owner this ,cQit;l _ day of Ju\~ ,20~. OWNERS : John C. Levy Jr., Trustee (Print Name and Title) By: (Sign Here) (Print Name and Title) CINDIE K. MCMAHON City Attorney By : CITY OF CARLSBAD, a municipal corporation of the State of California Approved as to Form: (0-~-== ERIC LARDY City Planner (Proper notarial acknowledgment of execution by DEVELOPER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation). REV 05/2025 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California --,._ ) County of S cu, LJ,·~ a,'° ) On 'J IA-/y ?." 1.). o.). f' before me, M I c.,.J...-t l <.. D,'u"'-<. ~,(_y, Nrr-/--.,rv ~J. /1·<- Oate Here Insert Name and Title of the Office/ personally appeared ____ -:Tc_o_h_rt __ c_. __ L_e._v_y_____,__, _J"_Je_. ----------- Name(Bj"of Signer,fB-) who proved to me on the basis of satisfactory evidence to be the person(i,}-whose name(aj is/are subscribed to the within instrument and acknowledged to me that he/SAett.bey executed the same in his/herttl:!eir authorized capacity(ies), and that by his/her/their signature~ on the instrument the person(.sr, or the entity upon behalf of which the person(~ acted, executed the instrument. MICHELE DIANE HARDY \ COMM. #2413772 • NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY I My Comm. ExpirM August 2-4, 2026 a sacuu a ssacucuua Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ):)~ ~~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 CON SERVA TI□N EASEMENT EXHIBIT BUENA VISTA LAGOON PROPERTY CARLSBAD, CA HARDSCAPE LINE EXHIBIT ·a· SCALE 1* = 80' SURVEY LIMITATIONS A FIELD SURVEY 'wAS PERFORMED ON 6/11/25 TD DETERMINE THE LOCATION OF THE EXISTING IMPROVEMENTS IN RELAT!□N TD THE □PEN SPACE DEED RESTRICTI□N. AS SH□'wN HEREON ND IMPROVEMENTS ENCROACH ON SAID EASEMENT. THE REPRESENTATION OF BUILDINGS, STRUCTURES AND OTHER PROPERTY FEATURES SH□'wN HEREON DOES NOT ESTABLISH NOR DETERMINE COMPLIANCE 'w!TH PLANNING AND BUILDING CODES AND REGULATI□NS. THIS SURVEY DOES NOT SUPERSEDE THE LA'wS AND POLICES OF THE LOCAL ENFORCEMENT AGENCY AND SHALL NOT BE CONSTRUED TD 'wAIVE DR LIMIT IN ANY CAPACITY THE RIGHT OF THE LOCAL ENFORCEMENT AGENCY TD ENFORCE PLANNING AND BUILDING CODES AND REGULATIONS. <> :IIE = 100' HABIT AT SETBACK -N89°24'02'\./ 445.45' __.>-- DA\./N TD DUSK GATE CURVE DATA NUM RADIUS LINE DATA C,1 2' 4B.OO NUM BEARING DISTANCE NUM BEARING DISTANCE NUM BEARING DISTANCE L1 N35.07'26'"1 47,01' L16 S89.38'54'1J 8,62' L31 ss9•24'02'E 210,55' L2 N32.06'52'1J 65,74' L17 s55•27'15'"1 10,81' S41.58'52'E 100,50' L3 N43.34'58'1J 24,44' L18 s51 •50'36'"1 19,62' ss9•24'021E 100,10' L4 N39.54'02'1J 22,58' L19 s3s• 45'27'"1 19,25' s42•3o'00'E 41.08' L5 N40•28' 41'"1 52,74' L20 S34 •o6'18'1J 29,77' 46,04' LG N42.48'33'1J 48,07' L21 ss•5s' 41'"1 18,88' 21.21' L7 N38• 42'29'"1 57,01' L22 s25•21'24'"1 28,34' 26,39' LS N45•03'31 'IJ 50,31' L23 s22· 4 7'30'"1 23,22' 28,35' L9 N41 •o3'09'1J 61,00' L24 S16 •56'05'"1 25,26' 35,84' L10 N37•53'12'"1 33,96' L25 s1 ·oo' 48'"1 58,03' 14.14' L11 N30•l 7'31 'IJ 25,79' L26 S3.54'48'E 33,03' 22,65' L12 N41 •51'35'"1 17,90' L27 s2·1G'14'"1 20,11' 21.89' L13 N51 •32'58'"1 26,38' L28 S4•07'36'E 24,37' L14 N68.30'16'"1 14,33' L29 S14 •32'17'"1 24,81' L15 N33.21'30'"1 4,65' L30 s12·09'56'"1 2,65' ft\BAKER LAND SURVEYS INC. CARLSBAD, CA. B.L.S. JOB# W10063