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HomeMy WebLinkAboutMCUP 16-08; ACCY Inc; 2017-0428315; Notice of RestrictionRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2017-0428315 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 19, 2017 10:28 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $24.00 PAGES 4 Space above this line for Recorder's use Assessor's Parcel Number 213-262-14-21 Project Number and Name MCUP 16-08 -SILVA MARTIAL ARTS STUDIO 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: A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED INTEREST AS A TENANT IN COMMON IN AND TO THE COMMON AREA WITHIN THE MODULE IN WHICH THE UNIT DESCRIBED BELOW IS LOCATED, EQUAL TO THE RECIPROCAL OF THE NUMBER OF UNITS WITHIN THE MODULE IN WHICH THE UNIT DESCRIBED BELOW IS LOCATED, AS SHOWN ON THE TOWERS AT BRESSI RANCH-PHASE Ill CONDOMINIUM PLAN, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON OCTOBER 17, 2007 AS INSTRUMENT NO. 2007-0667830 ("CONDOMINIUM PLAN"), WHICH IS LOCATED WITH LOT 2 OF CARLSBAD TRACT CT 06-02 THE TOWERS AT BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 11, 2007, AS INSTRUMENT NO. 2007- 0655142 ("MAP"). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE SAME MEANINGS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR THE TOWERS AT BRESSI RANCH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON OCTOBER 12, 2007 AS INSTRUMENT NO. 2007-0660042 ("DECLARATION") AND IN THE CONDOMINIUM PLAN. Rev. 01/2013 PARCEL 2: Assessor's Parcel Number: 213-262-14-21 Project Number and Name: MCUP 16-08 -SILVA MARTIAL ARTS STUDIO UNIT Q-1, AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN. PARCEL 3: A NON-EXCLUSIVE APPURTENANT EASEMENT ON, OVER, THROUGH AND ACROSS THE PORTIONS OF THE PROJECT DESCRIBED AS THE "PHASE I EASEMENT' ON THE ABOVE REFERENCED CONDOMINIUM PLAN, THE "PHASE 2 EASEMENT", AS SHOWN ON THE TOWERS AT BRESSI RANCH- PHASE II CONDOMINIUM PLAN RECORDED OCTOBER 17, 2007 AS INSTRUMENT NO. 2007-0667829, AND THE "PHASE 3 EASEMENT" AS SHOWN ON THE TOWERS AT BRESSI RANCH-PHASE Ill CONDOMINIUM PLAN RECORDED OCTOBER 17, 2007 AS INSTRUMENT NO. 2007-0667830, FOR THE PURPOSE OF VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS. PARCEL 4: A NON-EXCLUSIVE APPURTENANT EASEMENT ON, OVER, THROUGH AND ACROSS LOT 1 OF THE MAP, AND THE REMAINDER MODULE AS SHOWN ON THE CONDOMINIUM PLAN, FOR THE FLOW OF STORM WATER DRAINAGE AND FOR THE USE OF THE COMMUNITY UTILITY FACILITIES. PARCEL 5: NON-EXCLUSIVE, APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN AND IN OTHER PHASES OF THE PROJECT, FOR USE THEREOF PURSUANT TO THE TERMS OF THE DECLARATION, SUBJECT TO ALL RESERVATIONS AND EASEMENTS SET FORTH IN THE DECLARATION. THE ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH SUCH PHASE SHALL BE SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN COVERING SUCH PHASE. SUCH EASEMENTS SHALL BECOME EFFECTIVE AS TO A PHASE SUBSEQUENT TO THE PHASE IN WHICH THE UNIT IS LOCATED UPON (I) RECORDATION OF A SUPPLEMENTARY DECLARATION DECLARING SUCH PHASE TO BE SUBJECT TO THE DECLARATION OR RECORDATION OF A SEPARATE DECLARATION OF RESTRICTIONS WHICH REQUIRES THE OWNERS WITHIN SUCH PHASE TO BE MEMBERS OF THE ASSOCIATION, AND (II) CONVEYANCE OF THE FIRST CONDOMINIUM IN THE RESPECTIVE PHASE, OR AS MORE FULLY SET FORTH IN THE DECLARATION. APN: 213-262-14-21 is restricted by a Minor Conditional Use Permit No. MCUP 16-08 approved by the City of Carlsbad on December 22, 2016. 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. 2 Rev. 01/2013 Owner's Name Signatyre >.,,.,,. ., . Print name and title Signature Print name and title Date Assessor's Parcel Number: 213-262-14-21 Project Number and Name: MCUP 16-08 -SILVA MARTIAL ARTS STUDIO APPROVED AS TO FORM: ~:F-5t:AD DON NEU, City Planner 9/n /;7 Date 7 CELIA A. BREWER, City Attorney By W.1l (Ji:y 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. who 12roved to me on the basis of satisfactory evidence to be the e-n(s) whose name( is/ re su c'Rb_ed to the within instrument and acknowle to me that he/i he/ hey executed the in hise;eir authorized capacity(ies), and that by hi~~eir signature(s) he instrument the person(s), or -~tity upon behalf of which the person(s) actC~cuted the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoin aragraph is true and correct. ---· WITNESS my hand / Signature_-+---------,-'----------- Signature of Notary Public ----------------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 C\'l?{fTPtit_ .. 0 n , -- Title or Type of Document\\\l)\lLPOT rst:Ltr \ [j ,on Document Date: ------- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Cl~ed by Sign~r~ Signer's Name: ~M\D 9----l-AlL-' n Signer's Name:----------- 0 Corporate Officer =-ft1e(9)· _______ D Corporate Officer -Title(s): ______ _ D 1;,aftner -D Limited D General D Partner -D Limited D General E31ndividual 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: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907