HomeMy WebLinkAboutCDP 04-57; ; 2005-0916395; Deed RestrictionI
RECORDING REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2005-091 6395 I ll1l11Il Ill lllll IIIII 11111 11111 11111 Ill11 11111 Ill11 IIIII 11111 1111 1111
OCT 21,2005 451 PM
OFFICIAL RECORDS
SAN DIEGS, COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER FEES: 16.UD PAGES: 4
I lull1 1111 AIII #Ill 1111 I\\\ 11111 11\11 lllll1 II III 11111 11111 11Ul
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 156-351-06
PROJECT NO. & NAME: CDP 04-57
SOHAEI RESIDENCE
DE ED RESTR I CTlONS
Lorigene Sohaei, Trustee of the Farlor Family Trust dated November 10, 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 2359 Pi0 Pic0 ("PROPERTY"
hereinafter). In consideration of the approval of CDP 04-57 by the City of Carlsbad ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the
following:
No building or other permanent structure whatsoever shall be constructed,
erected, placed, or maintained on the southerly thirty (30) feet of subject
property unless written approval is obtained from the City Engineer.
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.
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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 2 day of 2 f-i37f--1)J-4 f ,20 0 17
DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California LORIGENE SOHAEI, Trustee of the Farlor Family Trust dated November 10,1997 (Name of Developer) By:
By:
Lorigene Sohaei
(print name here)
Trustee of the Farlor Family Trust dated November 10, 1997
(title and organization of signatory)
pew for City Manager
/
\
(sign here) I By:
(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
By:
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State of California )
)
County of San Diego 1
On 9-2-0s beforeme, 0,- mo Nh 01n1-9 h3otolr \; pubLC (Date) (Name, Title of bfficer)
personally appeared LO r'\ P.sr
(Nad~e[s] of Signerts])
, personally known to me - OR - rC(or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
(This area for official
notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
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.
NORTHERLY 145 FEET OF THE SOUTHERLY 285 FEET OF THE EASTERLY 382 ' FEET OF THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER , OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
COMMENCING AT THE CONCRETE MONUMENT MARKING THE SOUTHWEST
CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID
TRACT 7, NORTH 0" 02' WEST A DISTANCE OF 603.37 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG AFOREMENTIONED WESTERLY
LINE OF SAID TRACT 7; NORTH 0" 02' WEST A DISTANCE OF 301.87 FEET TO
THE NORTHWEST CORNER OF THE LAND CONVEYED TO JOSEPH N.
BRADFORD AND LAURA F. BRADFORD, BY DEED DATED FEBRUARY 19, 1929
AND RECORDED IN BOOK 1601, PAGE 263 OF DEEDS; RECORDS OF SAN DIEGO
COUNTY; THENCE NORTH 89" 58' EAST ALONG THE NORTHERLY LINE OF SAID
BRADFORD'S LAND A DISTANCE OF 146.10 FEET TO AN ANGLE POINT
THEREIN; THENCE LEAVING SAID NORTHERLY LINE, NORTH 89" 55'45" EAST A
DISTANCE OF 521.52 FEET TO A POINT, SAID POINT BEING ON THE WESTERLY
LINE OF OLIVE DRIVE; THENCE ALONG THE WESTERLY LINE OF OLIVE DRIVE,
SOUTH 0" 02' EAST A DISTANCE 302.80 FEET; MORE OR LESS, TO AN
INTERSECTION WITH A LINE THAT BEARS SOUTH 89" 59' EAST FROM THE
POINT OF BEGINNING; THENCE NORTH 89" 59' WEST A DISTANCE OF 667.62
FEET TO THE TREE POINT TO BEGINNING.
APN: 156-351-06
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