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HomeMy WebLinkAboutPIP 94-02; ; 1995-0075725; Deed RestrictionUFFICI~L RECORDS SllH DIEGO COWTY RECORDER’S OFFICE GREGORY SllIlH, KUt&TY RECORDER t 0.00 RECORDING REQUESTED BY AND WHEN RECORDED RAIL TO: City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Dr. Carlsbad, California 92008 ; Space above this line for Recorder's use DEED RBBTRICTIONS b. %9- our-Sher ("OWNER" F 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 1960 Kellocra Avenue. Carlsbad. California (Street Address) ("PROPERTY" hereinafter). In consideration of the approval of Planned Industrial Permit [PIP 94-02) (City's Action) by the City of Carlsbad ("CITY@* hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: All tenant imvrovements and uses of the buildins are restricted bv the 'Darkina r.atios shown o~Ex)~ibits "A: - "1". dated.October 25, 1994. of Planned Industrial Permit NO. 94-02 on fjle with the Citv : of Ca lsbad Plannin (Obligations imposed on owner) 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 Ae-eewltsw-41. FluI PIP 94-z- REV w29l91 - or.entity as ated herein. -.1863 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 Executed DEVELOPER: against OWNER. by Developer this day of 623. , 19%. CITY OF CARLSBAD, a municipal corporation of the State of . . California - (print name here) (title and organization of signatory) By: (sign here) _- / .a .m (Name of Developer)6 &~C~ifxrrlo- By: -Yf Ma tinTeny= for City Ranager By: (sign here) (print name here) (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 City Attorney By: REV w29m ‘CAilFORNld ALL-PURPbSE ACKNOWLEDGMENT .1864 NO. 5907 State of California County of San Diego on Februarv 2, 1995 before me, Debra H. Minard. Notarv Public DATE NAME. TITLE OF OFFlCER E.G., .JANE DOE, NOTARY P"BUcll personally appeared Dave A. DuFour NAME~S~ OF SGNER,SI q personally known to me - OR - 0 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 ac- knowledged 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 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,fl -ibk w 7%/&d SIONAWRE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL q CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT c] PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) q GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EmlTY,IESl SIGNER(S) OTHER THAN NAMED ABOVE EXEIBIT ~~a~~ ,I865 PIP 94-02 Lot 36, of Carlsbad Tract No. 81-46 Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. EXCEPTING THEREFROM an undivided 50% interest of all oil, mineral, gas and other hydrocarbon substaxes below a depth of 500 feet under the real property, without right of entry as reserved by Carlsbad Properties, a partnership recorded July 5, 1978 as File No. 78-279136 Official Records.