HomeMy WebLinkAboutCDP 04-54; ; 2005-0721908; Deed RestrictionDOC # 2005-0721 908
RECORDING REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
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AUG 22,2005 459 PM
OFFICIAL HECURDS
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSORS PARCEL NO. 204-122-02
PROJECT NO. & NAME: CDP 04-54 Jones Residence
DEED RESTRICTIONS
Gerald A. Jones ("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
165 Sycamore Ave ("PROPERTY" hereinafter). In consideration of the approval of the
demolition of an existing residence and construction of a new single family residence by the
City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of
the City, to do the following:
That all future use 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. Said drainage course is defined as flow from
Lots 10 and 11 to Lot 12 in Block "B" of Palisades, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County
Recorder of San Diego County on February 5, 1923.
Said drainage course is to be maintained in perpetuity by the underlying property owner.
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
H:IDeveloprnent ServlceslMasters/Deeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02
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.
T Executed by Developer this / / day of 'U ,200-5: I
DEVELOP E R: 7 CITY OF CARLSBAD, a municipal
(Name of Developer)
By:
> d 0 5
f& LLOYD B. IXJBBS, Pg. for City Manager
(print name here)
(title and organization of signatory)
By:
oGt)Ae-.--
(sign here)
(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
' H:/Development ServicedMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 03115102
’. . .
tate of California 1
)
ounty of San Diego )
\
(Name, Title of Officer)
/ ersonally appeared /JdM&
(Name[ s] of Signer[ SI)
, 0 personally known to me - ORaoved to me on
re basis of satisfactory evidence) to be the person@) whose name@) is/- subscribed to the
rithin instrument and acknowledged to me that he/ske/tkey executed the same in his/he&eir
uthorized capacity(ies), and that by his/het3tt7etrsignature(s) on the instrument the person@),
r entity upon behalf of which the person(s) acted, executed the instrument.
VITNESS my hand and official seal
(This area for official
notary seal)
Date of Document 7/,k No. of Pages 2,
Signer@) other than named above /,/A
:/Development ServiceslMasterslDeeds, Grant Deeds, EasemenWDeed Restrictions REV 03/11/02
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lot 12 in Block “B” of Palisades, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 1747, filed in the Office of the County Recorder
of San Diego County on February 5,1923.