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HomeMy WebLinkAboutCDP 01-35; ; 2002-1155696; Deed Restrictioni RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR'S PARCEL NO. 206-1 50-21-00 PROJECT NO. & NAME: Patel Residence, CDP 01-35, CB 02-3282 DOC # 2002-1155696 OFFICIAL REwm SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. HITH, C5Ut4TY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED RESTRICTIONS Shantu Patel and Manorama Patel ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as 1280 Hoover Street (''PROPERTY'' hereinafter). In consideration of the approval of CB 02-3282 by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: Maintain the retention basin and all drainage facilities until such time as the City Engineer determines said facilities are no longer necessary or may be modified. This covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. Owner agrees to incorporate this deed restriction by reference in any future deeds to the property. However, a failure to do so does not invalidate this restriction or affect the rights and duties of any party, person or entity as stated herein. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable Ill H:/Developrnent ServiceslMasterslDeeds, Grant Deeds, EasernentslDeed Restrictions REV 031 5/02 I Performance Of this covenant the right to enforce this covenant against OWNER, Executed by Owner this 24$?!?day of (I G m46L 1- 20 c’., c.. I OWNER: CITY OF CARLSBAD. a municiDal Shantu and Manorama Patel cor (Name of Owner) By: By: (sign here) Shantu Patel (print name here) I (title and organization of signatory) Manorama Patel (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by OWNER 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney ”d& lty City Attorney I H:/Development ServiceslMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 0311 5/02 state of California ) ) ;ounty of San Diego 1 )ersonally appeared CPkrANTU AM7 MA NO LAMA PATEL (Name[s] of Signer[s]) , - OR - (or proved to me on he basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the vithin instrument and acknowledged to me that kdskelthey executed the same in k#ber/their uthorized capacity(ies), and that by&Mter/their signature(s) on the instrument the person(s), )r entity upon behalf of which the person(s) acted, executed the instrument. S my hand and official seal 7 " gnature of Notary (This area for official notary seal) Title or Type of Document Je&b) e&WC T/flNd Date of Document //b#/M, No. of Pages f&,t (q] Signer(s) other than named above :/Development ServiceshlasterdDeeds, Grant Deeds, EasementdDeed Restrictions REV OW1 5/02 EXHIBIT A LEGAL DESCRIPTION ALL OF PARCEL 2 OF PARCEL MAP NO. 16041, 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 5, 1990. EXCEPTING THEREFROM THAT PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO 16041; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 63"47'48" EAST, 69.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 44"53'55" EAST 36.07 FEET, THENCE SOUTH 59*53'20" EAST, 29.24 FEET. THENCE NORTH 65Q57'06" EAST, 17.79 FEET TO A POINT ON SAID NORTHEAST LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 63Q47'48'r WEST, 74.67 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY IS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 19, 1990 AS FILE NO. 90-674151 OF OFFICIAL RECORDS.