HomeMy WebLinkAboutCDP 03-29; ; 2005-0243586; Deed RestrictionRECORDING REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2005-0243586
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MAR 24,2005 459 PM
OFFICIAL RECURDS SkN CilEGU CUUNT'i' RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
PAGES: FEES: 0. 00 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 206-1 80-46-00
PROJECT NO. & NAME: LAUER RESIDENCE CDP 03-29
DE ED RESTR I CTI 0 NS
A.W. Developments, LLC, a California limited liability company, ("OWNER" hereinafter) is the
owner of real property described in Exhibit A which is attached hereto and made a part hereof and which
is commonly known as 4379 Highland Drive ("PROPERTY" hereinafter). In consideration of the approval
of DWG 419-3A by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for
the benefit of the City, to do the following:
Inspect, maintain, and repair the private grass-lined infiltration and detention system along the
westerly property line as shown on drawing no. 479-3A (sheet 2) on file with the City Engineer and
incorporated herein by reference. Owner is responsible to maintain the effectiveness of the water
quality device to ensure pollutants are removed and peak storm flows are reduced to the maximum
extent practicable prior to discharge off the propew.
This covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties. 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 patty, person or entity as stated herein.
If either party is required to incur costs to enforce the provisions of this covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable
H:/Dewlopment ServicedMasterdDeeds, Grant Deeds, EasernentslDeed Restrictions REV 031 5/02
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.
,20*. rc Executed by Owner this \3 day of ,\ArtuhLy
OWNER( S) : A.W. Developments, LLC, a California
limited liability company
(Name of Owner(s) By:
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
-- for City Manager
(sign here)
AL\Jlvll LJA L,$4\l\lbW
(print name here)
By:
(sign here)
(print name here)
(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.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attdlrney
H:/Developrnent ServicedMastersJDeeds, Grant Deeds, EasementdDeed Restrictions REV 03/15/02
state of California )
)
>ounty of San Diego )
1
iersonally appeared
(Name[s] of Signer[s])
, personally known to me - ORp(or proved to me on
ie basis of satisfactory evidence) to be the person(s) whose name(s IS re subscribed to the
ilithin instrument and acknowledged to me that@he/they executed t e same i@her/their
uthorized capacity(ies), and that bdgherltheir signature(s) on the instrument the person(s),
lr entity upon behalf of which the pezn
VITNESS my hand and official seal
I(S) acted, e Nxecuted the instrument.
(This area for official
notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
/Development Services/Masters/Deeds, Grant Deeds, EasernentsDeed Restrictions REV 03/15/02
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EXHIBIT “A”
LEGAL DESCRIPTION
Parcel 1 of Parcel Map No. 15756, in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, August 7, 1989, as file no. 89-420235 of official records.