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HomeMy WebLinkAboutSUP 2018-0008; MacInnes, Bret; 2019-0126676; Notice of Restrictionf • •• DOC# 2019-0126676 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) Apr 09, 2019 01 :49 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $29 00 (SB2 Atkins $0.00) ) ) City Clerk PAGES 6 CITY OF CARLSBAD ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) Space above this line for Recorder's use Assessor's Parcel Number 207-150-20-01 Project Number and Name SUP 2018-0008 (DEV2018-0124)- MCINNES DOCK IMPROVEMENT 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 separate interest as defined in civil code section 1351 (1)(2) consisting of (1) Unit U-2, as shown on that certain Condominium Plan (plan) recorded in the office of the County Recorder of San Diego County, California on January 22, 2013, as Document No. 2013-0041583 of official records, and (2) an undivided one-half (1/2) fractional interest as tenant-in-common in and to the "common area" as described in the plan, which condominium is located within the boundaries of the following described real property: Parcel 1 of Parcel Map No. 20873, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, April 12, 2011 as File No. 2011-190178 of official records. Excepting therefrom all oil, gas, and other hydrocarbon substances, and minerals, including rights incidental to such ownership, now or at any time hereafter situated in and under the hereinafter described land and lying below a depth of 500 feet measured from the surface of said land but without any right to enter upon the surface for extraction or removal of such oil, gas, or other hydrocarbon substances. Or minerals, and without any right to penetrate or to pass through the 500-foot space immediately below said surface for purposes of such extraction or removal, as granted or reserved in various instruments of record on file in the office of the county recorder of said county. Rev. 01/2013 Assessor's Parcel Number: 207-150-20-01 Project Number and Name: SUP 2018-0008 (DEV2018-0124)-MCINNES DOCK IMPROVEMENT Parcel B: The exclusive right to the use and possession of those portions of the "common area" referred to as "exclusive use common area", as both terms are defined in the "declaration of covenants, conditions and restrictions for 4563 & 4565 cove drive condominiums", recorded in the office of the County Recorder of San Diego County, California on January 22, 2013 as Instrument No. 2013-0041584 of official records, all of which shall be appurtenant to parcel a described above. Parcel C: A nonexclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in map 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and being appurtenant, shall run with the land. Parcel D: A nonexclusive easement and right of way for vehicular and small watercraft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and, being appurtenant, shall run with the land, and which easement is subject to such rules and regulations for use as may be promulgated from time to time pursuant to the declaration of restrictions and protective covenants more particularly described below. This easement shall terminate as to any wharfage area within Lot 74 as soon as construction for any wharf age facility is initiated therein. Such wharfage area, to which reference is made in the previous sentence, is any one of those delineated in exhibit "b" attached to and incorporated in the declaration of restrictions and protective covenants more specifically described below. Parcel E: An easement over that portion of the above referenced Lot 74 of said tract which portion is wharfage area 36 as delineated in exhibit "B" attached to and incorporated in the above referenced declaration of restrictions and protective covenants, said easement to be for the exclusive right to construct, maintain and use a wharfage facility pursuant to said declaration of restrictions and protective covenants, and appurtenant to Parcel 1 above. 2 Rev. 01/2013 Assessor's Parcel Number: 207-150-20-01 Project Number and Name: SUP 2018-0008 (DEV2018-0124)-MCINNES DOCK IMPROVEMENT Parcel F: A non-exclusive easement over that portion of Lots 74, 38, 39, 42, and 43 according to map 5162 thereof, which portion is delineated and designated as Lot "A" by exhibit "B" attached to and incorporated in the above reference declaration of restrictions and protective covenants, said easement to be used for the construction, maintenance and use of a ramp or other right of way between Lot 36 and wharfage area 36 is restricted by a Special Use Permit No. SUP 2018-0008 approved by the City of Carlsbad on December 5, 2018. 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. 3 Rev. 01/2013 Assessor's Parcel Number: 207-150-20·01 Project Number and Name: SUP 2018-0008 (DEV2018-0124) -MCINNES DOCK IMPROVEMENT OWNER: ~r-e..t ffi ~ C I::Y\V'.\:C) Owner's Name t4::----- ~ .,,--. APPROVED AS TO FORM: DON NEU, City Planner 3/z~icr DatEI Signatu CELIA A. BREWER, City Attorney y~ ~A-f&._u~c&A1NJ~ sy: }n? 1. ~ Print name and title ~C1t~y \9' 0-ec.. 2o\8' '::?(l~ / [~ Date Date 1 (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). ···········1 SEE ATTACHED FOR OFFICIAL NOTARY WORDIN1.:, 4 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 Qr:l\~~'.) e,_ . On Det:tf'tt-.be( I q, ;){)1 lrf before me, ~~~_&_11_t+_· -_k_t,_·-x._,__ ______ P.uh Ji ·c Date 0 I\ A Here Insert Name and Title of th personally appeared _O~f_i~+-~~~1\~o.~O:-· _n_n_e~.5~------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,t'~vhose name~/~.),'=ribed, to the within instrumelJ!,..and acknowledged !9,me that he/sh~y executed the same in his/ /~r authorized capaci~). and tha:_t, his/'1,e11their signaturepir on the instrument the person , or the entity upon behalf of which the persony,, acted, executed the instrument Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tr Signature of Notary Public 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: ___________________________ _ DocumentDate: _____________________ NumberofPages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ~~. ©2017 National Notary Association CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (CALIFORNIA 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 San Diego ------------- On 03/06/2019 (Date) before me, Kelly Thomasset, Notary Public (Here Insert Name and Title of the Officer) personally appeared Tafu Sagapolutele who 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 acknowledged 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , ............ ~ KELLY THOMASSET : Notary Puohc ~ California z j Sar Diego County ~ Commiss,on • 2212509 ~ My Comm. Expir~s Sep 2, 2021 Signature of Notary Public (Notary Seal) ___________ ADDITIONAL OPTIONAL INFORMATION _________ _ Description of Attached Document Title or Type of Document: ____________ Document Date: _____ _ Number of Pages: ___ Signer(s) Other Than Named Above: __________ _ Additional Information: ------------------------- revision date 01/01/2015