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HomeMy WebLinkAboutCUP 16-08; Prana Living LLC; 2017-0305649; Notice of RestrictionDOC# 2017-0305649 111111111111111111111111111111111111111111111111111111111 IIIII IIII IIII Jul 06, 2017 03:12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $24.00 PAGES 4 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use Assessor's Parcel Number 221-881-15-00 Project Number and Name CUP 16-08 (DEV16057) -PRANA EMPLOYEE STORE NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: PARCEL A: PARCEL B, AS SHOWN ON THE EXHIBIT "A" OF THAT CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 7, 2007 AS INSTRUMENT NO. 2007-760450 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 11 AND A PORTION OF LOT 10 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS INSTRUMENT NO. 2005-0371022, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF SAID MAP NO. 15013; THENCE, ALONG THE NORTH LINE OF SAID LOT 9 AND THE NORTH LINE OF LOT 10 OF SAID MAP NO. 15013, NORTH 81 ° 09' 39" EAST 165.30 FEET TO THE BEGINNING OF A 634-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 16' 48" A DISTANCE OF 102.69 FEET; THENCE SOUTH 89° 33' 33" EAST 108.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE, ALONG THE NORTH LINE OF SAID LOTS 10 AND 11, SOUTH 89° 33' 33" EAST 396.27 FEET TO THE NORTHEAST CORNER OF SAID LOT 11; THENCE, LEAVING SAID NORTH LINE ALONG THE EAST LINE OF SAID LOT 11, SOUTH 28° 22' 10" EAST 504.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE, LEAVING SAID EAST LINE ALONG THE SOUTH LINE OF SAID LOTS 10 AND 11, SOUTH 89° 33' Rev. 01/2013 Assessor's Parcel Number: 221-881-15-00 Project Number and Name: CUP 16-08 (DEV16057) -PRANA EMPLOYEE STORE 45" WEST 631.47 FEET TO A POINT NORTH 89° 33' 45" EAST 374.92 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 9; THENCE, LEAVING SAID SOUTH LINE, NORTH 00° 26' 27" EAST 111.23 FEET; THENCE NORTH 89° 33' 33" WEST 8.00 FEET; THENCE NORTH 00° 26' 27" EAST 340.50 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: A NON-EXCLUSIVE EASEMENT IN, TO, OVER AND ACROSS THE "ACCESS ROAD EASEMENT AREA" ON LOT 9 AND A PORTION OF LOT 10 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013 FOR THE PURPOSE OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND A NON-EXCLUSIVE EASEMENT IN, TO, OVER AND ACROSS LOT 9 AND A PORTION OF LOT 10 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013 FOR SURFACE DRAINAGE AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS AND GRANT OF EASEMENTS REGARDING ACCESS ROAD" RECORDED ON MARCH 10, 2008 AS INSTRUMENT NO. 2008-0124408 OF OFFICIAL RECORDS AS AMENDED BY THAT CERTAIN "AMENDED AND RESTATED DECLARATION OF COVENANTS AND GRANT OF EASEMENTS REGARDING ACCESS ROAD AND DRAINAGE" RECORDED ON MAY 8, 2008 AS INSTRUMENT NO. 2008-0248752 OF OFFICIAL RECORDS. PARCEL C: AN EASEMENT FOR COMMON AREA DESCRIBED IN THAT CERTAIN DECLARATION ESTABLISHING COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON RACEWAY BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO. 2005-0917104 AND AS AMENDED BY DOCUMENTS RECORDED SEPTEMBER 12, 2006 AS INSTRUMENT NO. 2006-0647230, SEPTEMBER 10, 2007 AS INSTRUMENT NO. 2007-0594291 AND APRIL 2, 2009 AS INSTRUMENT NO. 2009-0165748, ALL OF OFFICIAL RECORDS. is restricted by a Conditional Use Permit No. CUP 16-08 approved by the City of Carlsbad on May 3, 2017. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. OWNER: 2 Rev. 01/2013 Si~ Print name and title . Signature Print name and title Date APPROVED AS TO FORM: Assessor's Parcel Number: 221-881-15-00 Project Number and Name: CUP 16-08 (DEV16057) -PRANA EMPLOYEE STORE DON NEU, City Planner G-Z7-r7 Date CELIA A BREWER~City Attorney By: /2QA ~ Assistant City Att rney 6~0/1·1 Date (Proper notarial acknowledgment of execution by Contractor 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(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). 3 Rev. 01/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~o.t:CD~e.9 0 On ..\uae.. \~ t:).ot:J before me. t\o.nbe-\ Tro.nco I\.)~ ¼(q J)c ,'o\,l.. Date M Here Insert Name and Title of}he Officer personally appeared \ \ ·,c'n.CAe\ T. ~ue.. Nam~ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'4 whose nam~ islrie subscribed to the within instrument and acknowledged to me that he/s~y executed the same in his/h~ authorized capacity(\¢,), and that by his/herfthefr signaturep,) on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907