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HomeMy WebLinkAboutCDP 2025-0013; WAI'S FAMILY TRUST; 2026-0081553; Notice of Restriction3/25/26, 1 :49 PM Batch 20852776 Confirmation DOC# 2026-0081553 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 RECORDING IS REQUESTED BY THE CITY OF CARLSBAD Mar 25, 2026 11 :43 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $101.00 (SB2 Atkins: $75.00) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES:5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s). : 207-130-57-00 -----------PROJECT ID, : CDP 2025-0013 DEV NO: DEV2025-0030 PROJECT NAME: Wai Jung ADU -----=---------PROJECT ADDRESS: 3910 Highland Drive NOTICE OF RESTRICTION ON REAL PROPERTY ACCESSORY DWELLING UNIT The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Page 1 of4 THAT PORTION OF TRACT NO. 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID TRACT NO. 247, DISTANT THEREON NORTH 26°00'00" EAST 281.16 FEET FROM THE MOST SOUTHERLY CORNER OF SAID TRACT; THENCE NORTH 26°11'0011 EAST ALONG SAID EASTERLY LINE, 152.94 FEET; THENCE NORTH 28°39'00" WEST, 705.09 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, AS SHOWN ON SAID MAP; THENCE SOUTH 61 °21 '0011 WEST ALONG SAID EASTERLY PROLONGATION OF SAID CENTER LINE 356.48 FEET TO A POINT ON THE EASTERLY LINE OF HIGHLAND STREET; THENCE SOUTH 28°39'0011 EAST ALONG SAID EASTERLY LINE, 549.16 FEET; THENCE NORTH 61°21'00" EAST, 231.48 FEET; THENCE SOUTH 28°39'00" EAST, 244.05 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 150.00 FEET OF SAID TRACT NO. 247. CA REV 8/12/25 https:/!gs.secure-erds.com/Batch/Confirmation/20852776 3/10 ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF HIGHLAND DRIVE AND TAMARACK AVENUE, AS SHOWN ON SAID MAP NO. 1681; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, NORTH 61°21'00" EAST, 50.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID HIGHLAND DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, NORTH 61°21'00" EAST, 150.00 FEET; THENCE AT RIGHT ANGLES, SOUTH 28°39'00" EAST, 35.42 FEET TO A POINT IN THE ARC OF 3,389.35 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL LINE OF SAID CURVE BEARS NORTH 30°18'25" WEST TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 17.85 FEET THROUGH A CENTRAL ANGLE OF 00°18'06" TO A POINT OF REVERSE CURVE, SAID REVERSE CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3,457.35 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 118.19 FEET THROUGH A CENTRAL ANGLE OF 01°57'31"; THENCE TANGENT TO SAID CURVE SOUTH 61°21'00" WEST, 3.00 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 15.71 FEET THROUGH A CENTRAL ANGLE OF 90°; THENCE RADIAL TO SAID CURVE SOUTH 61°21'00" WEST, 1.00 FOOT TO A POINT IN SAID NORTHEASTERLY LINE OF SAID HIGHLAND DRIVE; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 28°39'00" WEST, 48.00 FEET TO THE POINT OF BEGINNING. AND ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LAND: COMMENCING AT THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE WITH THE EASTERLY LINE OF HIGHLANDS AS SHOWN ON SAID MAP NO. 1681; THENCE SOUTH 28°38'30" EAST (RECORD SOUTH 28°39' EAST) ALONG THE EASTERLY LINE OF SAID HIGHLAND STREET 108.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61 °21 '30" EAST, 150.00 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 150.00 FEET OF SAID TRACT NO. 247. has been approved for an ACCESSORY DWELLING UNIT by the City of Carlsbad on January 30, 2026. Said approval restricts the property as follows: Page 2 of 4 CA REV 8/12/25 1. The obligations and restrictions imposed on the ACCESSORY DWELLING UNIT per California Government Code Title 7, Division 1, Chapter 13 "Accessory Dwelling Units" or a successor statute, are binding on all present and future property owners. 2. Pursuant to Section 21.10.030 of the City of Carlsbad Municipal Code, and Sections 66315 and 66323 of the California Government Code, or a successor statute, if the ACCESSORY DWELLING UNIT is rented, a rental period of less than 30 or 31 days is prohibited. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Page 3 of 4 CA REV 8/12/25 OWNER: wa·, 15 fuM ;fy 'Tr:us± Signature h/4 / /; II.. q, Cit~ M /J;,/1/tlM (./ Print name iind title 7 ~ J i/10 /,;IJ XJ i Date CITY OF CARLSBAD [;vi~ ERIC LARDY Assistant Director of Community Development ) { I tJ) ~ O;)_ b Date 1 APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney 7/(7/z_ ()2-~ Date (Proper notarial acknowledgment of execution by Owner(s) 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Page 4 of 4 CA REV 8/12/25 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~§®~B@l~-~·"391· ~~"&00i®ll®Ooooooo§liffl~11®1~l$l:i®E~~oommoo00200~1Dl$l:~~~®§iffll<®YlmJ:oo 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 So v, D:ego On oz I iO/Z()z, before me, Clif-+ord ~rocfY-, Nofury Pv..b(:~ Date Here Insert Name and Title of the Officer personally appeared --l~AA~a-'-, ·+',,,~Cl~t'\~~~........,,,\....,.M---1--1 -l,...,.A) ...... a ...... 1_· _._A➔t ....... 11-1'-"t--eha_11~----- .,.;ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. oeeeooo o f CLIFFORD SCHRADElt Notary Publtc • C11tfornia • San Ditto County ~ Commission # 25-43077 y Comm, ExpirtS Dtc 22, 2029 Place Notary Seal and/or Stamp 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 : hand and offic~ Signatuce ~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document J _J Title or Type of Document: _4 ,....111._.f'-',--'-c."-e----'of::....,_----LCRi'-e-'-s _+~_, =---.,(c...>, OL:.h_,..__..Ou...tt~l?e=~..,_/_,_A_._roper;_-----"'9"~-T+)I-- DocumentDate: 02 /I() /2,()26 Number of Pages:~5--- Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: W01.,· MO.II\. .}A.rt~ □ Corporate Officer -Title(s): ___ J ____ _ □ Partner -□ Limited □ General q Individual 1111 Trustee □ Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: ________ _ ©2019 National Notary Association Signer's Name: fM.,' P/t1j e~C'A.I'\ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual fil Trustee □ Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: ________ _ M1304-09 (11/20)