HomeMy WebLinkAboutCDP 03-29; ; 2005-0243592; Deed RestrictionRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2005-0243592 I lllllill111 lilll lllll11lllllll1 Ill11 lllllllll1 lllll Ill11 11111 Ill1 Ill1
MAR 24.2005 459 PM
UFFlClAL RECURDS 'W.1 [JIEGO CUUNT'I' RECURDER'S OFFICE GHEGUHY J ShllTH LUUNTI'HECURDER
FEES U DU
4 PA& E S
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSORS PARCEL NO. 206-18046-00
PROJECT NO. & NAME: A.W. DEVELOPMENTS, LLC
CDP 03-29
DEED RESTRICTIONS
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, main fain, and repair the private grass-lined infiltration and detention system along the
westerly property line as shown on drawing no. 419-3A (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 property.
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 party, 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
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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.
,200s. % Executed by Owner this \D day of &?*y
OWNER(S): A.W. Developments, LLC, a California CITY OF CARLSBAD, a municipal corporation of the State of California
limited liability company *. (Name of Owner@) By: -& wd
LLOYD B. HMBBS, P.E. fl for City Manager
(sign he re) I
ALvInl dA5#4rdLfmJ
(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
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State of California 1 1
County of San Diego 1
On before me, 1
( ate) (Name, Title of Officer)
personally appeared #
(Name[s] of Signer[s])
known to me - OR - 0 (or proved to me on
the basis of satisfactory evidence) to be the person@) whose name(s@are subscribed to the
within instrument and acknowledged to me thamshe/they executed the same in his/her/their
authorized capacity(ies), and that Oherltheir signature@) on the instrument the person@),
or entity upon behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal
/?
OFFICIAL SEAL [ ARTHUR P ARQUILLA
SAN DIEGO COUNTY WY COMM. EXP. JANJ, 2006 I
NOTARY WBLIC-CALIFORNIA$ COMM. NO. 1334102 - i4 I
(This area for official
notary seal)
Title or Type of Documen
Date of 4-
1’
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Parcel 1 of Minor Subdivision No. 773, filed in the City of Carlsbad, County of San Diego, State
of California, according to Parcel Map No. 15756, filed in the Office of the County Recorder of
San Diego County, August 7, 1989, as file no. 89-420235.
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