HomeMy WebLinkAboutMS 822; ; 1992-0463525; Deed Restriction (2)RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
iT/Zy C/erlc
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, California 92008
% 1992-0463525
2^JUL-1992 02^18 Pfl
OFFlLlftl RECORDS
SHN DIEGO COUHTV RECORDER'S OFFICE
ANNETTE EUftNS. COONTY RECORDER
RF: ^ 00 FEES: 14V00
SFJ IM
riF: 1.00
Space above this line for Recorder's use
DEED RESTRICTIONS (APN: 216-160-22)
Rohit R. & Rupa R. Saraiya ("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 Coruna
Place ("PROPERTY" hereinafter). In consideration of the approval
of Minor Subdivision MS 822 by the City of Carlsbad ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of
the City, to do the following:
No building permits will be issued for any unit within a
lot created by virtue of Minor Subdivision No. 822 until
the project site has been graded and the private street
improvements have been installed in conformance with the
approved tentative map and conditions of approval for
said map.
Prior to issuance of a grading permit the owner/developer
shall enter into a grading erosion control agreement and
post the required security in conformance with City
Ordinance.
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
Agr teiiientsVAG-41.FRN REV 8/29/91
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
DEVELOPER:
Rohit R. & Rupa R. Saraiya
(Nam^_jQ^ Developer)
_day of_3\>)
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:.
(sign here)
Rohit R. Saraiya
By:
Marty
Coininunity Developiifeiiit Director
(print name here)
Owner
(title and organization of signatory)
By:_
(sign here)
Rupa R. Saraiya
(print name here)
Owner
(title and organization of signatory)
(Proper notarial acknowledgement of execution by DEVELOPER must be
attached)
(President or vice-president and secretary or assistant secretary
must sign for corporations. If only one officer signs, the
corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Acting City Attorney
By:.
Deputy City^Attorney
Agr !eiiients\AG-41.FRH REV 8/29/91
711
EXHIBIT II A II
LEGAL DESCRIPTION
LOT 180 OF LA COSTA SOUTH UNIT NO. 1, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 3, 1968.