HomeMy WebLinkAboutCDP 03-49; ; 2005-0243588; Deed RestrictionRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2005-0243588
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MAR 24,2005 459 PM
OFFICIAL RE CURDS
IiFiEGURY J SMITH COUNTY RECORDER 5AN DIEGO COUNT) RECORDER'S OFFICE
FEES u 00 4 P,4G E 5
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
21 0-1 15-24-00
CDP 03-49, BROWN RESIDENCE
DEED RESTRICTIONS
Elaine L Kunkel Brown, Trustee of the 1997 Brown Family Trust, dated October 31,
1997 ("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 5410 Carlsbad Blvd.,
Carlsbad, CA 92008 ("PROPERTY" hereinafter). In consideration of the approval of CDP 03-49
by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the
benefit of the City, to do the following:
To ensure that the drainage from the east from Lots 136 and 21 1 of Terramar Unit No.
2, Map 3312 to Lot 119 of Terramar Unit No. 2, Map 3312 on file with the City of Carlsbad, is
maintained in perpetuity by the underlying property owner and that all future use of the property
along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a
manner that will result in damage to the underlying and adjacent properties or the creation of a
public nuisance.
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
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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
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.
Executed by Developer this (1 day of n/n wm6,/. ,20QY
DEVELOPER: Elaine L Kunkel Brown, Trustee
(Name of Developer)
CITY OF CARLSBAD, a municipal corporation of the State of California
By:C?4- zw n/Ler---- (sign here)
Elaine L Kunkel Brown
(print name here)
Trustee of 1997 Brown Family Trust, dated October 31, 1997 (title and organization of signatory)
By:
(sign he re)
(print name here)
(title and organization of signatory)
(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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itate of California )
)
:ounty of San Diego )
ersonally appeared t;la/n;& x KmKU 6roLd
(Name[s] of Signer[s])
roved to me on
ubscribed to the
e in- ie basis of satisfactory evidence) t
rithin instrument and acknowledged
uthorized capacity(wand that by
r entity upon behalf of which the per
the instrument the
VITNESS my hand and official seal
r
rignature of Notary' notary seal)
dlQ - 5 -34 -00 Title or Type of Document bd
Date of Document ''//[ bq No. of Pages
Signer(s) other than named above
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~~ ~
REV 03/15/02
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lot 119 of Terramar Unit No. 4 in the City of Carlsbad, in the County of San Diego,
State of California, according to map thereof No. 3312, filed in the Office of the
County Recorder of San Diego County, October 14,1955.