HomeMy WebLinkAboutMS 03-05; ; 2004-0493833; Deed Restrictionud RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
OFFICIGL ktCORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITHY COUNTY RECONMR FEES: 0 .OO
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 206-092-1 7-00
PROJECT NO. & NAME: MS 03-05, GARFIELD POINT
DEED RESTRICTIONS
Sea Bisquit, Inc., a California 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 41 32 Garfield Place, Carlsbad, California ("PROPERTY" hereinafter). In
consideration of the approval of MS 03-05 by the City of Carlsbad ("CITY1' hereinafter),
OWNER hereby covenants and agrees for the benefit of the City, to do the following:
To ensure that the drainage from the north from Assessor's Parcel No. 206-092-16-00
to Parcel 1 of MS 03-05 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 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
reference in any future deeds to the property. However, a failure to do so does not invalidate
H:/Development ServiceslMasteMDeeds, Grant Deeds, EasernentslDeed Restrictions REV 03/15/02
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 /3 ry day of /pd/ L ,20#Y.
DEVELOPER: Sea Bisauit. Inc.. a CITY OF CARLSBAD. a municiDal .I California corporation
(Name of Developer)
for City Manager Bv: aAto-fh.=La
(sign here)
Patrick W. McGuire (print name here)
Director, Sea Bisquit, Inc. (title and organization of signatory)
n
(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
H:/Development ServiceslMasteRIDeeds, Grant Deeds, EasementslDeed Restrictlons REV 03/15/02
%ate of California
:ounty of San Diego
In 4-/3-~q before me, TOW Vl rte v1
)ersonally appeared hi ti 'c4 CA2 UcGu;re
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
, & personally known to me - OR - 0 (or proved to me on
he basis of satisfactory evidence) to be the persono whose name@) is/= subscribed to the
uithin instrument and acknowledged to me that he/&dt+wy executed the same in his/her/their
iuthorized capacity-), and that by hislkarl)knir signatureb) on the instrument the person@),
ir entity upon behalf of which the personw acted, executed the instrument.
YITNESS my hand and official seal
"gn v ur of No
W
(This area for official
notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
:/Development ServiceslMasterslDeeds, Grant Deeds, EasemenWDeed Restrlctions REV 0311 5/02
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California,
described as follows:
Lot 2 in Block V of Palisades No.2, according to Map thereof No. 1803, filed in the
Office of the County Recorder of San Diego County, August 25, 1924.
Excepting therefrom that portion lying Northerly of the following described line:
Beginning at a point on the Southwesterly line of said Lot 2, being distant thereon South
38" 32' 45" East 60.00 feet from the Northwest corner of Lot. I in Block V of said
Palisades No.2; thence North 65" 04' 45" East 86.90 feet; thence North 53" 43' 10" East
35.38 feet to the terminus thereof.
APN: 206-092-1 7-00
First American 77tle