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Home My WebLink AboutMP 150H; ; 2014-0103131; Covenant4 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, Califomia 92008-1989 DOCtt 20140103131 IIIIII IlilHIl iii MAR 17. 2014 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EmesU. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 PAGES: 10 Iiiiiiiiii Space above this line for Recorder's use Assessor's Parcel Number /CTT" jOi-i *f ^^f\ DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this Jt^ day ofjMKf, 2014, by Quarry Creek Investors, LLC, a limited liability company (hereinafter "Declarant"). RECITALS A. Declarant is the ovmer of that certain real property in the City of Carlsbad, County of San Diego, State of Califomia, commonly referred to as Calavera Hills Village H (the "Property"). B. Pursuant to a settlement agreement entered into by and among Declarant, the City of Carlsbad ("City") and Preserve Calavera, Declarant has agreed to restrict the use of a portion of the Property, as legally described in attached Exhibit "A" and depicted on attached Exhibit "B" (the "Restricted Property"), which consists of approximately 5? acres. C. The Restricted Property is intended to be preserved as open space. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property or any portion of it. 1. Purpose. The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity as open space. Assessor's Parcel Number: 2. Allowable Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 3 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are the only uses expressly allowed both by: (a) Those uses that are consistent with the Open Space & Community Parks (OS) General Plan Land Use designation; and, (b) Those uses consistent with the intent and purpose of the Calavera Hills Master Plan (MP-150(H)) and the Calavera Hills Master Plan EIR 98-02. A portion of the Restricted Property is also subject to a recorded conservation easement deed (the "Conservation Easement"). Nothing herein is intended to modify or expand on the allowable uses within that portion of the Restricted Property already subject to restrictions contained in the Conservation Easement. 3. Declarant's Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ovmership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including but not limited to the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads and over any existing or ftiture-approved trails, or to perform any other activities not prohibited by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant communities. Habitat enhancement activities shall be performed in compliance with all applicable laws and regulations. 4. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. Assessor's Parcel Number: 5. Enforcement. Declarant, its successors and assigns, grants to Preserve Calavera a discretionary right to enforce this Restrictive Covenant in a judicial or administrative action against any party violating or attempting to violate it; provided, however, that no violation shall result in a forfeiture or reversion of title. 6. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by Preserve Calavera (such concurrence shall not be unreasonably withheld). Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by Preserve Calavera in the official records of San Diego County, Califomia, and shall provide a copy of the recorded document to City and Preserve Calavera. 7. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, Califomia, and provide a copy of the recorded document to City and Preserve Calavera. 8. Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instmment by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Any subsequent transferee shall be deemed to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (ii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 13, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter he deemed to refer to such transferee. 9. Controlling Law. The laws of the United States and the State of Califomia shall govem the interpretation and performance of this Restrictive Covenant, Assessor's Parcel Number: 10. Severabilitv. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 11. No Forfeiture. Nothing contained herein vsdll result in a forfeiture or reversion of Declarant's title in any respect. 12. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. 13. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 14. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon constmction or interpretation. IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written. Name: /W^^ M/UC/^f m^L,^^ Title: S'-^^P Date: Assessor's Parcel Number: 4 Bv: ^ M JLZZC^-^L^ Name: Title:. 511 ^ Date: 3 '\t)'s ^ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ?)-lD''^ before me. Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name (s)i4i/^> subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his^Oicr/their authorized capacity(ies), and that by his/her/their signature(s) on the instmment 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 Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. (Signature of Notary) • • • I I III, ANNM.FUTO I Commission # 2002146 E Notary Public - California f San Diego County 5 Comm. Expires Jan 9-^ 20nt Assessor's Parcel Number: EXHIBIT A EXHIBIT'A' LEGAL DESCRIPTION THAT PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THOMPSON CORP., A NEVADA CORPORATION, RECORDED APRIL 1, 2009 AS FILE NO. 2009-0163220 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PROPERTY DESCRIBED IN EASEMENT AGREEMENT, RECORDED AUGUST 21,1985 AS FILE NO. 85-302781 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP., SAID POINT POINT BEING THE SOUTHWEST CORNER OF VICTORIA AVENUE AS DESCRIBED IN GRANT DEED RECORDED FEBRUARY 13,1984 AS FILE NO. 84-053117 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ViaORIA AVENUE NORTH 4r02'44" EAST, RECORD 4r03'50" EAST, 27.41 FEET TO THE BEGINNING OF A TANGENT 530 FOOT RADIUS CURVE, CANCAVE TO THE NORTHWEST; THENCE CONTINUING NORTHEASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°03'25", 93.03 FEET TO THE BEGINNING OF A 25 FOOT RADIUS REVERSING CURVE; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83*44'53", 36.54 FEET TO THE BEGINNING OF A 742 FOOT RADIUS REVERSING CURVE, SAID CURVE BEING THE SOUTHERLY UNE OF ELM AVENUE AS DESCRIBED IN SAID DEED 84-053117; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27'22'56", 354.61 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00'55'39" EAST, 277.72 FEET; THENCE SOUTH 38°21'02" WEST, 214.38 FEET; THENCE NORTH 69°03'13" WEST, 176.13 FEET TO A POINT ON THE WESTERLY UNE OF SAID PROPERTY GRANTED TO THOMPSON CORP.; THENCE ALONG SAID WESTERLY UNE NORTH 24'23'54" WEST, RECORD NORTH 24"22'59" WEST, 69.74 FEET; THENCE CONTINUING ALONG SAID WESTERLY UNE SOUTH 82'56'10" WEST, RECORD SOUTH 82-57W WEST, 24.19 FEET; THENCE LEAVING SAID WESTERLY UNE NORTH 24'23'54" WEST, 159.02 FEET; THENCE NORTH 26'24'55" WEST, 26.36 FEET; THENCE NORTH 33°2r56" WEST, 26.18 FEET; THENCE NORTH 46'40'27" WEST, 70.30 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP.; THENCE ALONG SAID WESTERLY UNE NORTH 41°02'44" EAST, RECORD NORTH 4r03'39" EAST, 60.25 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: EXHIBIT B C:\Usera\Gregm\appdoto\local\temp\AcPub)lsh_4304\9B20P-V«!ogeH.dwq Oec 12, 2013 4iQApm Xrefs: QSZOtp-h; g8201T>02; g820MAP: gB20P-Vt!ageH-Border; 9820S1R a o O CN @ R^25,00 BOUNDARY \ { Sl RIGHT-OF-WAY S82'56'10'yf 24.19' [S82'5r05'ii] N2423'54''W 69.74' [N2472'59''W] S3d21'02''W 214.38' 0' 0' LEGEND mJNDARY EXISJING RIGHT-OF-WAY EXCEPVON^ ( ) RECORD DATA PER DOC. 84-053117 [ ] RECORD DATA PER DOC. 2009-0163220 SCALE: r = 100' i 0 N S U L T fTH T S" 2710 Loker Avenue Weat, Suite 100 Carlsbad, California 92010 760-931-7700 ODayConsultants.com 9 rs> XHIBIT 'B PATRICI/N. O'L R.C.E 127214 P. 3/31/15 SHEEJ2 OF 2 SHEETS 6:\981020\Plat\9S20P-VillaoeH.dwg Dec 13. 2013 11:25om XrefK 9820tp-h; 9820TP02; 9820MAP; 9820P-\fi«ogeH-Border, 9820STR