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HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (38)Recording Requested By And When Recorded Mail to: Michael R Davis Alston & Bird 1201 West Peachtree Street Atlanta, Georgia 30309-3424 - '. (Space Above this Line for Recorder's Use) . I. DECLARATION OF RESTRICTION AGAINST DEVELOPMENT THIS DECLARATION OF RESTRICTION AGAINST DEVELOPMENT (this "Declaration") is made the day of Mrn , 1998, by INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation ("Declarant"). BACKGROUND A. Declarant is the fee owner of certain real property located in the City of Carlsbad ("City"), County of San Diego, State of California, as more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference ("Parcel A"). B. To satisfy certain requirements of the City, relating to the construction of improvements on Parcel A, Declarant desires to establish a restriction, affecting that portion of Parcel A described on Exhibit "B" and depicted on Exhibit C, both attached hereto and made a part hereof by this reference (such portion of Parcel A is hereinafter referred to as-"Tract I 1 "), which will prohibit development of any portion of Tract 1. . DECLARATION NOW THEREFORE, Declarant hereby declares that Tract 1 shall hereafter be subject to and burdened by the restrictive covenant hereinafter set forth. ARTICLE I Section 1.1. Declaration of Restriction. Declarant hereby declares and covenants that Tract 1 shall hereafter be subject to the following restrictivg covenant: Tract 1 shall hereafter be preserved as permanent open space, to avoid removal of native vegetation, and shall be maintained by the owner from time to time of Tract 1 in its AA981400.108 .. 1 - " " natural condition, as such condition exists on the date of this Declaration, except pursuant to written order of the Carlsbad Fire Department for fire prevention purposes. Section 1.2. ADpurtenance: Enforcement. The benefits and burdens of this Declaration shall, in accordance with the provisions of this Declaration, run with the title to and constitute a burden upon Tract 1, and shall bind and benefit Declarant and its successors in title to Tract 1. Each person or entity who acquires all or any part of, or interest in, Tract 1 shall take its interest subject to the terms and conditions of this Declaration. This Declaration may be enforced by the City against the owner fiom time to time of Tract 1, including Declarant. ARTICLE II Section 2.1. Scope of Restriction. The restriction imposed in Section 1.1 is intended to burden only Tract 1 and is not intended to restrict or alter the right of Declarant and its successors in title to Parcel A to develop that portion of Parcel A which is outside the bounds of Tract 1, subject to compliance with all applicable laws and regulations of all governmental authorities having jurisdiction. ARTICLE III Section 3.1. Time of Essence. Time is of the essence of this Declaration. Section 3.2. Governing Law. This Declaration shall be construed, interpreted and enforced in accordance with the laws of the state of California. Section 3.3. Entire Ameement; Modification. This Declaration sets forth the entire agreement of Declarant with respect to the subject matter hereof. This Declaration shall not be modified or amended in any respect except by a written instrument executed by on behalf of the owner of Parcel A and the City. Section 3.4. CaDtions. All captions and headings are solely for the purpose of facilitating reference to this Declaration and shall not supplement, limit or otherwise vary in any respect the text of this Declaration. Section 3.5. Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit .of Declarant and its successors and successors-in-title to Tract 1. Section 3.6. No Rights in Public. Nothing contained in this Declaration shall create or be deemed to create any rights in the general public, nor be deemed to be a gift or a dedication of any portion of either Parcel A or Tract 1 to or for the general public or for any public purpose whatsoever, it being the intention that this Declaration shall be strictly limited to and for the purposes herein expressed. -2- AA981400.108 05/26/98 ~ ". - IN WITNESS WHEREOF, Declarant has duly signed, sealed and delivered this Declaration, to be effective upon the date of this Agreement. Declarant: INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation Name: Title: Name: Title: (AFFIX CORPORATE SEAL) -3- AA981400.108 05/26/98 .- ACKNOWLEDGMENT - STATE OF GEORGIA 1 COUNTY OF FULTON ) ) ss. On 2 1998, before me, , a Notary Public, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s), whose name(s) idare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in hishedtheir authorized capacity(ies), and that by hishedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature AA981400.108 -4- EXJ3JBIT A [LEGAL, DESCRIPTION OF PARCEL A] AA981400.108 mfAT PORTION OF LOT *Fa OF RANCHO ACUA HEDIONDA, IN THE CITY OF CARIGBAD, COWTY OF 6AN DJEGO, STATE OF CALIFORNIA, AS SHOWN ON HAP NO. 823 FILED IN mE OFFICE OF THE COUNTY RECOROER OF SAID COUNTY, DESCRIBED As FOLLOWS: -. .. LEGEND " \\\ b@L \P\ \ \ I J .. . . .. I. L -.