HomeMy WebLinkAboutCT 02-24; ; 2004-0691373; Deed RestrictionRECORDING
REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2004-0691 373 I111ll1ll Ill lllll111111111111111111111111111111 lllll11111 Ill11 1111 1111
JUL 23,2004 8:48 AM
DFFlClAL RECURDS
SAN DIEGU COUNT'Y RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 17.00 PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSORS PARCEL NO. 213- 112-02,O.l Stru 06
PROJECT NO. & NAME: CT 02-24, I
La Costa Greens 1.11,1.13,1.14
DEED RESTRICTIONS
Real Estate Collateral Management Company, a Delaware Corporation ("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 La Costa Greens ("PROPERTY"
hereinafter). In consideration of the approval of CT 02-24 by the City of Carlsbad ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the
following:
To maintain the sight distance corridors, as shown on Map 14807
follows:
, in perpetuity as
Type I Sight Distance Corridor
No structure, fence, wall, tree, shrub, sign or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as Type I Sight Distance Corridor in accordance with City Standard Public
Street-Design Criteria, Section 8.6.3.
Type II Sight Distance Corridor
No structure, fence, wall, tree, shrub, sign or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
corridors shown on the final map as Type II Sight Distance Corridors. No
obstruction shall restrict or impede the ability of motorists at the intersection to
identify approaching vehicles pursuant to Caltrans sight distance standards.
Ill
H:/Development ServiceslMasterdDeeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02
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
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 day of pifdrcr: 1 200Y .
DEVELOPER: Real Estate Collateral CITY OF CARLSBAD, a municipal
Management Co.,a Delaware corporation of the State of California (Name of Developer) corpora t i ongy:
for City Manager By:
Fred Schimel, Vice President
(print name here)
(title and organization of signatory)
By:
Vice Pres ident
(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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City dttorhey
' H:/Development ServiceslMasterdDeeds, Grant Deeds, EasemenWDeed Restrictions REV 03/15/02
STATE OF ILLINOIS
COUNTY OF COOK ss.
On Nurd Y,
APPEARED, Fm %;,ye/
2004 before me, Diana C. Moreno, Notary Public PERSONALLY
personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that by his signature on the instrument
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature
Diana C. Moreno
OFFICIAL SEAL
DIANA C MORENO
e-
NOTARY puBLIC, STATE OF ILLINOSS
My c~MM(IssION EXPIWES: lome
EXHIBIT “A”
LOTS 1, 13, 14, 25, 57, 63, 81, 84, 85, 86,92, 101, 110, 111, 129 OF CARLSBAD
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. \4807 , FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
TRACT 02-24 LA COSTA GREENS NEIGHBORHOOD 1.1 1,l. 13 & 1.14, IN THE
pU.l27.2004 a