HomeMy WebLinkAboutCDP 02-24; ; 2005-0054703; Deed RestrictionRECORDING
REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2005-0054703 I llllllll lllilllllllllllllllllllllllllllllllllllllllllllllllllllll Ill1
JAN 21,2005 9:OO AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 206-192-38
PROJECT NO. & NAME: CDP 02-24 - St Claire Residence
OPEN SPACE DEED RESTRICTION
Kirk Patrick Development, LLC ("OWNER hereinafter) Is the owner of real property
described as follows:
Parcel 1 in the City of Carlsbad, County of San Diego, State of California,
as shown at Page 10178 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, June 27,1980
which is commonly known as 4480 Adams Street ("PROPERTY"). In consideration of the
approval of CDP 02-24 - St. Claire Residence by the City of Carlsbad ("CllY"), OWNER
hereby covenants and agrees for the benefit of the City, to the following:
I Removal of native vegetation, as well as development within the open space
conservation area as described in Exhibit "A and depicted in Exhibit "B (attached
hereto and made a part hereof), is specifically prohibited, except upon written
order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director and California Coastal Commission
based upon a written request of the property owner accompanied by a biology
report. The report shall be prepared by a qualified biologist and indicate the
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need to remove specified trees and/or plants because of disease or impending
danger to adjacent habitable dwelling units.
For purposes of this covenant, prohibited development shall include but not be limited
0, fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than
hat approved as part of the site plan.
This covenant shall run with the land and be binding upon and inure to the benefit of
uture owners, successors, heirs, personal representatives, transferees and assigns of the
espective parties as well as those with encumbrances. Owner agrees to incorporate this deed
estriction by reference in any future deeds to the property. However, a failure to do so does
lot invalidate this restriction or affect the rights and duties of any party, person or entity as
itated herein.
If the City is required to incur costs to enforce the provisions of this covenant, and is the
revailing party, City shall be entitled to full reimbursement of all costs, including reasonable
ittorneys’ fees, from the other party. The CITY may assign to persons impacted by the
)erformance of this covenant the right to enforce this covenant against OWNER and recover
:osts.
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Executed by Owner this 54 day of &M UQW ,20 05 .
OWNER:
(Name of Owner)
CITY OF CARLSBAD, a municipal
f the State of California Y;,k Pgsrl'cl'c %4*pn@+, I uc
MICHAEL J. HOLZMILLER, 7 Planning Director
Tv ~OSsmaMn
Priht Name and Title U
Si g nature
I Date
ATTEST:
Approved as to Form:
Print Name and Title
Date
(Proper notarial acknowledgment of execution by DEVELOPER 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@)
signing to bind the corporation).
H :/Planning/New/Notices/OpenSpaceDeedRestriction REV 11/30/04
;tate of California )
)
:ounty of wM 1
In I 5-m bW before me, awl h3riT, NOm-jrLy ?U"L& ,
(Date) (Name, Title of Officer)
ersonally appeared k?4ssfcclHJh)
(Name[s] of Signer[s])
5, Ross&anlq , c personally known to me - OR
whose name($) ie babis of satisfactory evidence) to be the
iithin instrument and acknowledged t me executed
uthorized capacity($), and that by&- signature@) on the instrument the person(@
lr entity upon behalf of which the person#) acted, executed the instrument.
VITNESS my hand and official seal
iignature of Notary
Commission # 1380658
Notary Public - California
Laa Angebs County
(This area for official
notary seal)
Title or Type of Document SPRcG. 366%' CGSrP-I C nod
Date of Document ra, 5,& No. of Pages k
Signer(s) other than named above
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..--
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL “B”
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10178, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 27,1980, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO. 10178, NORTH
73”24’32” EAST, 153.26 FEET (NORTH 73”23’33” EAST PER SAID PARCEL MAP
EASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM
SAID RADIUS POINT BEARS NORTH 77”44’24” WEST; THENCE LEAVING SAID
NORTHERLY LINE, SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 24” 1 3’4 1 ” AN ARC DISTANCE OF 2 1.14
FEET; THENCE SOUTH 1 l”58’05” EAST, 30.50 FEET TO THE BEGINNING OF A
TANGENT CURVE HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3 1’59’08” AN ARC
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A
RADIAL LINE FROM SAID RADIUS POINT BEARS SOUTH 81”29’19” WEST;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 76”35’03” AN ARC DISTANCE OF 66.83 FEET; THENCE SOUTH 15”16’53”
EAST, 20.19 FEET; THENCE SOUTH 37”06’ 16” EAST, 8.07 FEET; THENCE
SOUTH 72’3 1’24” EAST, 7.77 FEET; THENCE SOUTH 34”55’09” EAST, 4.06 FEET
TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE
ALONG SAID SOUTHWESTERLY LINE, NORTH 65’29’42” WEST, 254.04 FEET
TO THE POINT OF BEGINNING.
NO. 101 78) TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
DISTANCE OF 27.91 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
6-20.4
SEAN C. ENaERT, LS 7959 DATE
' 'my PARCEL "A" - HABITAT PRESERVATION EASEMENT AREA ml PARCEL '73" - HABITAT PRESERVATION EASEMENT AREA
GRAPHIC SCALE 1**=50 a
50 r 0 50 100 150 S€#10
cOA4TAL LAND SOLUTIONS