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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
i
YE&h L. 1.; WECOfiDEf? -- Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining tax-
firm name
City of Carlsbad
Parcel No. 203-021-02
-- _I.
DECLARATION OF COVENANTS FOR PUBLIC IMPROVEMENTS
SUBJECT: Owners Participation in a Parking Assessment District
WHEREAS, Stanley Zipser and Sigrid Zipser, husband and wife as
Community Property as to an undivided l/2 interest, and Jack M. Roth and Vern W. Magnuson, as joint tenants, as to an undivided l/2 interest.
are owner(s) of the following described property: see attached Exhibit "A"
for legal description: and
WHEREAS, the owner(s) seek to divide said property having filed an
application for a Parcel Map which was approved by the City Engineer of the
City of Carlsbad, on January 3, 1980, which land division will cause
additional burdens on the City of Carlsbad relating to parking requirements:
and
WHEREAS, the City of Carlsbad is empowered to prevent said land
division, or to deny or withhold its consent to the proposed land division,
as the case may be, until the owner(s) provide such public improvements,
to-wit: satisfaction of ordinance parking requirements; and
WHEREAS, the satisfaction by owner(s) of ordinance parking
requirements is a reasonable condition to the granting of authority for
said land division by the City of Carlsbad; and
.- 163%
WHEREAS, in lieu of the immediate installation and dedication
of said public improvements, to-wit: ordinance required parking,
it is the desire and intention of the owner(s) to impose upon the
property described above these covenants for future improvements for
the benefit of the City of Carlsbad;
NOW, THEREFORE, the owner(s) hereby declare that all the property
described above is held and shall be held, conveyed, hypothecated, or
encumbered, leased, rented, used, occupied, and improved subject to the
following covenants, which shall run with the land and shall be binding
on all parties having or acquiring any right, title or interest in the
described land or any part thereof.
No protest shall be made by the owner(s) to any proceedings for the
installation or acquisition of public parking facilities which could
have been required of owner(s) as a condition of map approval, under any
special assessment proceedings, whether conducted pursuant to the
Improvement Act of 1911 or the Municipal Improvement Act of 1913, or
any other applicable state or local law, and whether processed by the
City of Carlsbad or any other governmental entity having jurisdiction in
the matter and for the purposes of determining property owners support
for such.
IN WITNESS WHEREOF, the undersigned has executed this instrument
r this .,---& day of '/.', AM>/'
"I" , 1980.
RECOMMENDED:
*i$&/
City Engineer
. - . _... - ,
('Notarial acknowledgement of execution of owner(s) must be attached)
TO 447 CA (4.73)
(Individual) TITLE INSURANCE AND TRUST
STATE OF CALIFORNIA ATICOR COMPANY SS. ‘. COUNTY OF LOS ANGELES
t
On April 28, 1980 before me the undersi ned a Nota Public in and for said
State, personally appeared STANLEY ZIPSER; SIGRIb kIPSE#, JACK M. ROTH, >
w and VERN MAGNUSON
6 I ,
ii S 4 to be the person - whose name ’ are
, known to me
Q to the within instrument and acknowledged that I executed the same.
! Name (Typed or Printed)
(This arm for omcial notarial seal)
‘1 d
EXHIBIT "A"
Lot 2, GRANVILLE PARK, in the County of San Diego, State of California, according to the Map thereof No. 1782, filed in the Office of the Recorder of San Diego County, February 21, 1924.
EXCEPTING THEREFROM that portion thereof, if any, lying below the mean high tide line of the Pacific Ocean. ” .f .
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