HomeMy WebLinkAboutCT 05-19; ; 2007-0153045; Deed Restriction10427 DOC# 2007-0153045
RECORDING
REQUESTED BY
City of Carlsbad
WHEN RECORDED MAIL
TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
M
MAR 06, 2007 1:50 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH COUNTY RECORDER
FEES: 0.00
PAGES: 4
2007-0153045
Oat SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 156-190-53-00
156-190-54-00
PROJECT NO. & NAME:CT 05-19 Carlsbad Medical
Center
DRAINAGE DEED RESTRICTION
Carlsbad Medical Village, LP, a California limited partnership ("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 property on the south side of Carlsbad Village Drive
between Highland Drive and Pio Pico Drive ("PROPERTY" hereinafter). In consideration of the
approval of Grading Plan, DWG 443-4A by the City of Carlsbad ("CITY" hereinafter), OWNER
hereby covenants and agrees for the benefit of the City, to do the following:
That the drainage course of all drainage entering the property described in Exhibit A is
to be 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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10428
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 27 day of Decetn^fs- 20_££_.
DEVELOPER: Carlsbad Medical Village,
LP, a California limited partnership
(Name of Developer)
By:
CITY OF CARLSBAD, a municipal
corporatio/^of the Staje of California
By:
David Mauser, P.E.
for City Engineer
(sign here)
Russell Ries
(print name here)Managing Member, Goldentop Development I, LLCa California Limited Liability CompanyI-KC; npipia-r.32. Partner(title and organization of signatory)
By:
(sign here)
(print name
•{fitle 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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10429
State of California
County of San Diego
On before me.mchgj l
(Date)(Name, title of'Officer)
rt/
personally appeared Russell
(Name[s] of Signer[s])
1 ~ "" ' ' , FJ poroonally known tu niu - OR -jf(or proved to me on
the basis of satisfactory evidence) to be the perspn^) whose name(s^1s/aYe subscribed to the
within instrument and acknowledged tcwne thatCfig/stfe/tl^y executed the same iry^/h^r/th^ir
authorized capacity(ie^, and that by^Kj^fh^r/tr/6ir signature^" on the instrument the person^C
or entity upon behalf of which the person^ acted, executed the instrument.
WITNESS my hand and official seal
(This area for official
notary seal)
Title or Type of Document
Date of Document l2/2£>£x^
r~tC
Of Pages 2- (S>
Signer(s) other than named above
c.i
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...• • 10430
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 1661, filed in the
Office of the County Recorder of San Diego County, March 1, 1915, described as
follows:
Commencing at a point in the center line of Highland Drive, distant thereon North
34°33'00" West, 372.58 feet from the intersection of said center line of Highland
Drive with the center line of Oak Avenue;
Thence South 55°27'00" West, 108.38 feet to the True Point of Beginning;
Thence continuing South 55°27'00" West, 87.83 feet;
Thence South 34°33'00" East, 182.56 feet;
Thence South 55°26'07" West, 89.54 feet;
Thence South 34°33'00" East, 25.00 feet;
Thence South 55°26'07" West, 65.00 feet;
Thence North 34°33'00" West, 3.50 feet;
Thence South 55°26'07" West, 116.91 feet to an intersection with a line that
bears North 34°33'00" West, 168.50 feet from a point on the center line of said
Oak Drive, distant thereon South 55°26'07" West, 467.47 feet from the
intersection of said center line with the center line of said Highland Drive, North
34°33'00" West, 290.55 to the Southerly right of way of Elm Avenue, and a point
in the arc of 1,242.00 foot radius curve, concave Northwesterly, a radial line
from said curve bears North 44°59'45" West;
Thence Northeasterly along the arc of said curve through a central angle of
03°47'30" a distance of 82.19 feet to a point of reverse curvature with a
1,158.00 foot radius curve, concave Southeasterly;
Thence Northeasterly along the arc of said curve through a central angle of
13°57'08" a distance of 281.99 feet to an intersection with a line that bears
North 34°32'09" West from the True Point of Beginning;
Thence South 34°32'09" East, 139.47 feet to the True Point of Beginning.