HomeMy WebLinkAboutMS 02-11; ; 2005-0335453; Deed RestrictionDOC # 2005-0335453
RECORDING
REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
I 11111111111111111111111111 111ll11111111ll11111111ll Ill11 Ill11 1111 1111
APR 21.2005 4:47 PM
OFFICIAL RECORDS
S4N DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH COUNT',' RECORDER FEES 16 DO
PAGES 4
I111111 Ill11 Ill11 MI11 lllll Illll1111111111111111111 MI11 lllll11111 MI11 IIII 1111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 156-231-40
PROJECT NO. & NAME: MS 02-1 1, Dominguez Residence
DE ED RESTRICTIONS
Donald L. Dominguez and Lucy A. Dominguez, husband and wife as joint tenants,
("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 1288 Knowles Avenue,
Carlsbad, California ("PROPERTY" hereinafter). In consideration of the approval of MS 02-1 1
by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the
benefit of the City, to do the following:
To ensure that the drainage from Parcel 3 to Parcel 2 of MS 02-11 on file with the City
of Carlsbad, is 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 aiter
drainage flows in a manner that will result in damage to the underlying and adjacent properties
3r the creation of a public nuisance.
This covenant shall run with the land and be binding upon and inure to the benefit of the
'uture owners, encumbrances, successors, heirs, personal representatives, transferees and
migns of the respective parties. Owner agrees to incorporate this deed restriction by
-eference in any future deeds to the property. However, a failure to do so does not invalidate
his restriction or affect the rights and duties of any party, person or entity as stated herein.
i:/Development ServiceslMasterslDeeds, Grant Deeds, Easementdleed Restrictions REV 03/15/02
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 /@day of -N-& 12O.dg.
DEVELOPER: I Donald L. Dominguez and Lucy A. Dominguez, -. husband and wife as joint tenants - I (Name of Reveloper)
By:
CITY OF CARLSBAD, a municipal corporation of the State of California
8- - for City Manager .
Donald L. Dominguez
(print name here)
Owner
Lucy A. Dominguez (print name here)
Owner (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:
Dkputy City Attohey
' H:/Dewlopment Services/Masters/Deeds, Grant Deeds, EasementsDeed Restrictions REV OW1 5/02
state of California )
)
>ounty of San Diego )
#
(Name, Title of Officer) ' In
(Date)
)ersonally appeared
(Name[s] of Signer[s])
he basis of satisfactory evidence) to be the person(s) whose name(@ idare subscribed to the
tithin instrument and acknowledged to me that he/she/they executed the same in his/her/their
iuthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
ir entity upon behalf of which the person(s) acted, executed the instrument.
VITNESS my hand and official seal 1 I
iignature o&iary -9 W (This area for official
notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
'Development ServiceslMasterdDeeds, Grant Deeds, Easementmeed Restrictions REV 03/15/02
Exhi bit "A"
All that certain real property situated in the County of San Diego, State of California,
described as follows:
That portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West,
San Bernardino Meridian, in the County of San Diego, State of California, according to
Official Plat thereof, described as follows:
Commencing at the Northwest corner of said Section 6; thence along the Northerly
boundary line of said Section 6, South 89'59' East, a distance of 1946.69 feet to a
point; thence South 0'55' East a distance of 334.78 feet to the point of beginning;
thence North 89"51'35" East a distance of 121.01 feet to a point; thence South 0'55'
East a distance of 334.44 feet to a point; thence South 89'42'15'' West a distance of
121.01 feet to a point; thence North O"55' West, a distance of 334.77 feet to the point of
beginning.
EXCEPTING THEREFROM the following portion of the above described parcel;
Beginning at the Southeasterly corner of said Parcel described above; thence North
0'55' West, along the Easterly boundary line thereof 177.22 feet; thence South
89'42'15" West, 65.0 feet; thence South 0'55' East 177.22 feet to the Southerly line of
said Parcel; thence North 89'42'1 5" East along said Southerly iine 65.0 feet lo the point of beginning.
APN: 156-23 1-40