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Home My WebLink AboutMS 2024-0007; THE NOVAK FAMILY TRUST - NOVAK, DOUGLAS E. & DENISE M. - TRUSTEES; 2026-0107129; Deed Restriction4/16/26, 4:20 PM RECORDING IS REQUESTED BY THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 Batch 20984354 Confirmation DOC# 2026-0107129 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Ap·r 16, 2026 03:57 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $182.00 (SB2 Atkins: $150.00} PAGES:7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s). : 205-020-09-00; 205-020-10-00 PROJECT ID. : MS 2024-0007 DEV NO. : DEV2023-0162 PROJECT NAME.: NOVAK PROPERTY -PINE AVE PROJECT ADDRESS: 1328 PINE AVE REAL PROPERTY RESTRICTIVE COVENANT This AGREEMENT AND REAL PROPERTY RESTRICTIVE COVENANT ("Covenant") is made and entered into by and between the City of Carlsbad, a California municipal corporation and charter city, hereinafter referred to as "City"; and Douglas E. Novak and Denise M. Nova I<, Trustees of The Nova I< Family Trust dated September 14, 2006 ("Developer") who are the owners and developers of the Property. RECITALS WHEREAS, the Developer is the owner of record of certain real property located at 1328 Pine Avenue, Carlsbad, California 92008, APN 205-020-10-00, as more fully described in Exhibit A, and desires to subdivide or split the lot into two separate lots, as depicted in Exhibit B, ("Property"); WHEREAS, the 19,247 square foot (approximately 0.44 acre) Property is a currently improved with a 1,065 square-foot single-family home, a detached two-car garage, and a 502 square-foot Accessory Dwelling Unit ("ADU") located above the garage (approved by the City on January 7, 1998, with specific conditions, including an affordable rent restriction); WHEREAS, Developer presented to the City for approval and issuance, plans and application for entitlement(s) to the Property that includes an urban lot split pursuant to SB-9 and provisions of the Carlsbad Municipal Code, hereinafter referred to as "Code," relating to the approval and issuance of discretionary and ministerial entitlement(s), Page 1 of6 https://gs.secure-erds.com/Batch/Confirmation/20984354 1/2 including the subdivision of the Property into two legal lots pursuant to the approved tentative parcel map attached hereto as Exhibit "A"; WHEREAS, Developer intends to build a new single-family home on one lot, remodel the existing single-family home, and add a new single-family home to the existing single-family home to create a duplex pursuant to SB-9; WHEREAS, upon completion of the construction and recordation of the final Parcel Map, one parcel (hereinafter referred to as Parcel A) will be 8,099 square feet and will be improved with a single-family duplex, and the other lot (hereinafter referred to as Parcel B) will be 12,137 square feet and will be improved with a new single-family home with an attached garage, along with the existing detached garage and existing ADU located above. The following addresses at the Property will be associated with each unit and subject to this Covenant: • Existing home on Parcel A: 1328 Pine Avenue • Duplex unit to be added to existing home on Parcel A: 1332 Pine Avenue • New single-family home on Parcel B: 1322 Pine Avenue • Existing ADU that ~ill be associated with the single-family home on Parcel B: 1318 Pine Avenue; WHEREAS, the Code permits the development of one ADU associated with a primary residence on an existing lot that is zoned for single-family residential development, but SB- 9 permits the subdivision of an existing lot that is zoned for single-family residential development into two separate lots that may each be improved with one single-family duplex (i.e., two attached single-family homes); WHEREAS, the recordation of the final Parcel Map on the existing lot prior to the completion of construction of the new single-family home on Parcel B would impermissibly result in one parcel with a single ADU and no primary residence, which is not permitted under the Code; while the failure to subdivide the parcel into two separate parcels prior to the completion of construction would result in one single-family home, two single-family duplex units, and one ADU on one lot, which would exceed the density permitted under the Code;and WHEREAS, in consideration of the City's issuance of building permits allowing Developer to proceed with the remodel of the existing single-family home and the addition of a new attached single-family home on Parcel A to create a duplex pursuant to SB-9, and construction of a new single-family home on Parcel B, Developer and City enter into this agreement and Covenant to be recorded on the Property prior to the City's issuance of a building permit. Page 2 of 6 AGREEMENT AND RESTRICTIVE COVENANT NOW, THEREFORE, as of the date of this Covenant's execution and with the above recitals incorporated herein, the Developer promises and agrees to process and obtain approved building permits concurrently with the processing and recordation of the final Parcel Map. Additionally, Developer promises and agrees to endeavor in good faith to complete construction of the new single-family home on Parcel Band obtain a certificate of occupancy from the Building Official within 32 months the Developer's execution of this Covenant. Developer is not required to complete construction and final permits for the above mentioned construction, if within the 32 months an Act of God or emergency beyond Developer's control renders timely completion impossible or impractical. Should completion of construction of the new single-family residence be impossible or impractical within 32 months, Developer shall notify the City Planner by email at Planning@carlsbadca.gov, as soon as possible and within a reasonable time. This Covenant shall remain in full force and effect and shall bind Developer and all their assigns or successors-in-interest or future owners of the Property, or any part thereof, until construction of the new single-family home on Parcel Bis complete and certificate of occupancy is obtained from the Building Official. Once a certificate of occupancy is obtained from the City's Building Official the Covenant is terminated Developer shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the final parcel map and building permit for the single-family residence, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein. This indemnification obligation survives the termination of the Covenant and completion of construction of the new single-family residence on Parcel Band until all legal proceedings have been concluded and continues even if the City's approval is not validated. If any provision of this Covenant is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. [signatures on next page] Page 3 of 6 Executed by DEVELOPER this lk dayof Ar:, ( Douglas E. Novak and Denise M. Novak, Trustees of the Novak Family Trust dated September 14, 2006 (title and organization of signatory) By ALA~ -T ----ft----"'--(s-ignhe-re) -- Douglas E. Novak (print name here) Trustee Novak Family Trust date September 14, 2006 (title and organization of signatory) By: ~'-nt~ ./ -------------="""""'----(sign here) Denise M. Novak (print name here) Trustee Novak Family Trust date September 14, 2006 (title and organization of signatory) , 2026. Page 4 of 6 ACKNOWLEDGMENT 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 SAN DIEGO on April 16, 2026 before me AMBER DAN, NOTARY PUBLIC '-------------------(insert name and title of the officer) personally appeared Douglas E. Novak and Denise M. Novak 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. 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 ~ ~············f ,0 + AMBER DAN : a Notary Publlc • California : i San Diego County ~ • Commission II 2-%6836 . " My Comm. Explr~ Oct 17, 2027 (Seal) Exhibit A Property Legal Description THE SOUTHERLY 213 FEET OF LOT 12 IN SUBDIVISION OF TRACTS 113 AND 120 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1744 FILED JANUARY 3, 1923. TOGETHER WITH THAT PORTION OF THE NORTHERLY 10 FEET OF PINE AVENUE AS VACATED, ADJOINING SAID LOT 12 ON THE SOUTH. 205-020-09-00 205-020-10-00 Page 5 of 6 Exhibit B Copy of Proposed Subdivision Map or Tentative Map as of this Covenant on file with the City APN 205-i)'20--07-00 APN 205--020-08-00 POR. LOT 11 r-----~ -----1 -, -i : : I I : : ~I I ·: : I I PARCELB : I I I : I I I I I 1i _;: ~ I l'l I ij I 0:,79/>J; N55"5TOl7E31,93' PARCEL A 0.186AC !; I~ ji i I I I I i I I I I i I I I I I I APN 205-020-11-00 APN 205-02()..12-00 POR. LOT 13 NM46ron:.,:· .. ~-------' ------------- PINE AVENUE Page 6 of 6