HomeMy WebLinkAboutMS 05-32; ; 2006-0665013; Deed RestrictionDOC# 2006-0665013
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RECORDING REQUESTED
BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
6541
SEP 19, 2006 11:02 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES' 19.00
PAGES 5
2006-0665013
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NUMBER. 206-020-03
PROJECT NUMBER: MS 05-32
PROJECT NAME: Tamarack Beach Lofts
DEED RESTRICTIONS
Lugano Shores Investments, a California Limited Liability Company ("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 Tamarack Beach Lofts
("PROPERTY" hereinafter) as shown on Exhibit A. In consideration of the approval of MS
05-32 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 drainage from adjacent properties and through Parcel 1 of MS 05-32
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 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
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6542
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 \*6 day of /Wus4~ _ , 20
OWNER:
Lugano Shores Investments, LLC
CITY OF CARLSBAD, a municipal
corporation of the State of (California
(Name of Owner)By:
c. Hammann, City Engineer
for City Manager
(sign here)
(print name here)
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by OWNER 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 officers) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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6543
State of California
County of San Diego
On before me,
(Date)(Name, Title of Officer)
personally appeared V/^K\\v<jvw\
(Name[s] of Signerfs])
A. &<A^\\!^> "\\\ . /[^personally known to me - OR - rj (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are 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
Signature of Notary
RICHARD CORNELL I
Commission #1443283 I
Notary Public - California \
San Diego County r
My Comm. Expires Oct 3,200?P
(This area for official
notary seal)
Title or Type of Document,
Date of Document No. of Pages_
Signer(s) other than named above.
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Sheet 1 of 2 65^4
Exhibit "A"
Legal Description:
The northeasterly 65 feet of the northwesterly 150 feet of Lot 10 in Block "S" of
Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 1803, filed in the office of the County Recorder of San
Diego County, August 25, 1924.
APN: 206-020-03
6545
EXHIBIT "A"SHEET 2 OF 2
Drainage system
Cross Lot Drainage