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HomeMy WebLinkAbout; Matze, Dawn; 2026-0190494; 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# 2026-0190494 1111111111111111111111111111111111111111111111111111111111111111111111 Jul 02, 2028 11 :01 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $113.00 (SB2 Atkins: $75.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO{s). : 205-080-26-00 ------------PERMIT NO.: PC2025-0078 PROJECT ADDRESS: 1710 VALLEY PL AGREEMENT OF RESTRICTIONS {DEED RESTRICTION) JUNIOR ACCESSORY DWELLING UNIT THIS AGREEMEMT OF RESTRICTIVE COVENANT ("Agreement") is executed by Dawn Matze ("Owner") on the signature date set forth below. Owner promises, agrees and covenants to restrict the development and use of the Property described below in accordance with the terms, conditions and restrictions set forth in this Declaration. RECITALS WHEREAS, Owner is the present owner of certain real property located at 1710 VALLEY PL in the City of Carlsbad, California, with an Assessor's Parcel Number (APN) of 205-080-26-00, and which is described in Exhibit A hereto (the "Property"); and WHEREAS, Owner and/or persons acting on behalf of Owner applied for, and the City of Carlsbad ("City") issued a building permit (Exhibit B) to authorize the construction of a junior accessory dwelling unit within a proposed or existing single family dwelling on the Property in accordance with Government Code section 66333 et seq., and Carlsbad Municipal Code ("CMC") Section 21.10.030 et seq.; and Page 1 of 8 REV CAO: 4/9/26 WHEREAS, the Owner understands the Property with this building permit (Exhibit B), and any city-approved building permit alterations or modifications of the junior accessory dwelling unit that may occur over time, will be bound by this Agreement and deed restriction; and WHEREAS, Government Code section 66333 et seq. and CMC section 21.10.030 et seq. establish certain requirements for junior accessory dwelling units, including limiting the number of junior accessory dwelling units to one per residential lot for one-family residences, and the recordation of a deed restriction; and WHEREAS, the purpose of this Agreement is to ensure that the junior accessory dwelling unit will be maintained in accordance with state law, CMC section 21.10.030 et seq., and all other applicable sections of the CMC and California law; and WHEREAS, this Agreement is required to memorialize and implement these requirements. AGREEMENT NOW, THEREFORE, in consideration of the benefits received by the Owner from the provision of a junior accessory dwelling unit on the Property, the Owner agrees as follows: 1. Covenant Running with Land. Owner through this Agreement does hereby covenant and agree to restrict, and does by this instrument intend to restrict, the future development and use of the Property as set forth below, by the establishment of this covenant running with the land and therefore may be enforced against any future purchasers. 2. Restrictive Covenants. This Agreement establishes the following restrictive covenant which shall apply to the land comprising the Property: A. The owners of the property are prohibited from selling the junior accessory dwelling units separate from the sale of the one-family residence. B. California Government Code, Title 7, Division 1, Chapter 13, Article 3 restricts the size and attributes of the junior accessory dwelling unit to conform to that article. 3. Successors and Assign Bound. Owner hereby agrees and acknowledges that the Property shall be held, sold, conveyed, owned, developed and used subject to the Page 2 of 8 REV CAO: 4/9/26 applicable terms, conditions and obligations imposed by this Agreement relating to the development and use of the Property, and matters incidental thereto. Such terms, conditions, and obligations are a burden and restriction on the development and use of the Property, as applicable. The provisions of this Agreement shall, subject to the limitations contained in this Agreement and without modifying the provisions of this Agreement, be enforceable as equitable servitudes and conditions, restrictions and covenants running with the land comprising the Property, and shall be binding on the Owner and upon each and all of its respective heirs, devisees, successors, and assigns, grantees, lessees, mortgagees, lienors, officers, directors, employees, agents, representatives, executors, trustees, successor trustees, beneficiaries, administrators, any person who claims an interest in the Property, and upon future owners and lessees of the Property and each of them. 4. Other Restrictions. State and local law may limit or restrict the use of the junior accessory dwelling unit beyond this Agreement, including but not limited to the junior accessory dwelling unit sh911 not be rented for a term shorter than 30 days. 5. Inspection and Enforcement. City shall have the right to inspect the Property at reasonable times upon provision of reasonable notice, and to enforce the terms and conditions of this Agreement by administrative action, or by action at law or suit in equity, against Owner and any person claiming an interest in the Property. 6. General Provisions. Page 3 of 8 A Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. B. Enforcement. The City may enforce the provisions of this Agreement through any proceedings at law or in equity. C. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Agreement shall be liberally construed to effect the purposes REV CAO: 4/9/26 Page 4 of 8 of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purposes of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. D. Severability. If any provision of this Agreement or the application thereof is found to be invalid, the remaining provisions of this Agreement or the application of such provisions other than that found to be invalid shall not be affected thereby. E. Termination of Rights and Obligations. A party's rights and obligations under this Agreement terminate upon transfer of the party's interest in the Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. F. Modification and Release. This Agreement shall not be amended, released, terminated, or removed from the Property without the prior written consent of the City of Carlsbad. G. Recordation. This Agreement shall be recorded in the San Diego County Recorder's Office and shall take effect upon recordation. (SIGNATURES ON NEXT PAGE) REV CAO: 4/9/26 IN WITNESS WHEREOF, the parties execute this Agreement on or as of the date executed by Owner on this day of~' 20.J&_. PROPERTY OWNER/DECLARANTS: By: ~JJ~U,ll,---tf--1, 111r-"-Jk--+--. - ' (Sign Here) DC<..1v1J M (), f '?---() __,,,, Qw11~, _____, (Print Name and Title) By: --------------(Sign Here) (Print Name and Title) CITY OF CARLSBAD, a California municipal corporation and charter city ERIC LARDY Assistant Director of Community Development Department Approved as to Form: CINDIE K. MCMAHON City Attorney c~ C. Dalton Sorich Assistant City Attorney (END OF SIGNATURES) Page 5 of 8 REV CAO: 4/9/26 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 I County of SA_,.iO'½-:> On U-~1'11, ·vn,1,,, before me, ___ 0~_,__ __ J_-A_~_~'-+,-'-4_-'1'_!\-f"'____,/,_lv._g_~_-, ____ _ Date Here Insert Name and Title of the Officer personally appeared ______ D_Aw_-l'_W\_kf_. _,,,,._'---______________ _ Name(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. Place Notary Sea/ 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 m~ seal. Signature of Notary Public ---------------oPTTONAL--------------- 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 , I Title or Type of Document: Oit-~ f1i--<,-,rl4PC-t~ Document Date: _-1 ....... ' _(~ __ v_'v( __ _ 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: ________ _ ~~~m ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Attachments: Exhibit A Legal Description Exhibit B Copy of Issued Building Permit (Permit No. PC2025-0078) Page 6 of 8 REV CAO: 4/9/26 EXHIBIT A LOT 1 OF PARADISE ESTATES, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO.3691 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 16, 1957. Page 7 of 8 REV CAO: 4/9/26 EXHIBIT B PERMIT REPORT Plan Check Permit Print Date: 06/16/2026 Job Address: 1710 VALLEY PL, CARLSBAD, CA 92008 Permit Type: BLDG-Plan Check Work Class: Residential Parcel ti: 2050802600 Track ti: Valuation: $82,293.12 Lot ti: Occupancy Group: R-3 Project ti : #of Dwelling Units: Plan ti: Bedrooms: Construction Type: V-B Bathrooms: Orig. Plan Check ti: Plan Check ti: Project Title: {city of Carlsbad Permit No: PC2025-0078 Status: Issued -Active Applied : 12/31/2025 Issued: 04/22/2026 Finaled Close Out: Inspector: Final Inspection: Description: CONVERT 197 SF TO JADU //ADD 364 SF FOR NEW PRIMARY BED/BATH (E-REVIEW) Applicant: Property Owner: GINGER RABE DESIGNS LLC GINGER RABE CROSSWARE DEVELOPMENT CORPORATION DAWN MATZE 1611 S MELROSE DR, # STE A-364 VISTA, CA 92081-5497 (760} 453-9329 FEE 3851 PARK DR CARLSBAD, CA 92008-2740 (858) 204-2042 BUILDING PLAN REVIEW -MINOR PROJECTS (LDE) BUILDING PLAN REVIEW -MINOR PROJECTS (PLN) BUILDING PLAN CHECK SWPPP PLAN REVIEW TIER 1 -Low SWPPP INSPECTION TIER 1 -Low BLDG Total Fees: $1,629.55 Total Payments To Date: $1,629.55 Contractor: MATZE CONSTRUCTION LLC 3851 PARK DR CARLSBAD, CA 92008-2740 (858) 204-2042 Balance Due: Applicant/Permittee is hereby notified and must comply with the PERMIT CONDITIONS attached and incorporated herein. AMOUNT $209.00 $110.00 $914.55 $87.00 $309.00 $0.00 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2700 J bldginspections@carlsbadca.gov I www.carlsbadca.gov Page 8 of 8