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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 1 illllill Ill iillllllll Ill11 111ll IIIII lllll lllll Ill11 IIIII lllll11ll1111 AUG 22,2005 459 PM OFFICIAL HECURDS i?4 E 5 4 i ' lull! Ill11 lllll Ill11 Ill11 11111 lllll Alll Ill11 Ill11 1111 Ill11 Ill11 1111 Ill1 1111 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.