HomeMy WebLinkAboutCDP 02-42; ; 2005-0054712; Deed RestrictionRECORDING REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2005-0054712 i illlllll1111111111111 lllll11ll111111 lllll111ll11111111ll111ll llll11ll
JAN 21,2005 9:00 AM
UFFl CIAL RECORDS SAN DIEGO CUUNTY RECURDER'S OFFICE LREGURI'J SMITH, IIOUNT'I RECORDER
PQ,G E 5 FEES 0 00
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 156-051-24-00
PROJECT NO. & NAME: CDP 02-42/HDP 02-10 DUNN
DEED RESTRICTIONS
Jim Dunn, an unmarried man (''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 2200 Highland Drive ("PROPERTY" hereinafter). In consideration of the approval of
grading plans, DWG 4210-9A, by the City of Carlsbad ('CITY'' hereinafter), OWNER hereby
covenants and agrees for the benefit of the City, to do the following:
To ensure that drainage from the northeasterly abutting property at 2202 Highland Drive
(APN 156-270-55) to the subject property described in Exhibit "A on file with the City of
Carlsbad, is maintained in perpetuity by the underlying property owner and that all future use of
the property along the drainage course will not restrict, impede, divert or otherwise alter
drainage flows in a manner that will result in damage to the underlying and adjacent properties
or the creation of a public nuisance.
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.
REV 03/15/02 H:/Developrnent ServiceslMasterslDeeds, Grant Deeds, EasemenWDeed Restrlctions
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
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attorneys’ fees, from the other party. The CITY may assign to persons impacted by the
performance of this covenant the right to enforce this covenant against OWNER.
Executed by Developer this =day of ,2064
DEVELOPER: Jim Dunn, an unmarried CI RLSBAD, a municipal man corporation of the State of California (Name of Developer) By: #2&!Las
,q& LLOYD BqUBBS, EE. for City Manager
(sign here) P$
(print name here)
(title and organization of signatory)
(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(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
H:/Development ServieeslMasterslDeeds, Grant Deeds, EasernentslDeed Restrictions REV 03/15/02
State of California ) 1
County of San Diego 1
On AYu5T28,Odbefore me, /bid&-
Date) (Name, Title of Officer)
personally appeared xi-/ JKm-3
(Name[s] of SignerH)
roved to me on
subscribed to the the basis of satisfactory evidence) to
within instrument and acknowledged
authorized capacity(w, and that by
or entity upon behalf of which the pe
WITNESS my hand and official seal
I Signature of Notary notary seal)
Title or Type of Document Rkskdons
Date of Document
Signer@) other than named above
No. of Pages
H:/Development ServiceslMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02
EXHIBIT "A"
5. The land referred to in this policy is situated in the State of California, County of
SAN DIEGO and is described as follows:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 31, TOWNSHIP 11 SOUTH, TOWNSHIP 11 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, TOGETHER WITH A PORTION OF LOTS
4 AND 5 OF CEDAR HILL ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO MAP
THEREOF NO. 532, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 25, 1888, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF
SANDIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS PER GRANT DEED
RECORDED SEPTEMBER 25,1962 AS FILE NO. 164830 OF OFFICIAL RECORDS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, DESCRIBED HEREIN AS DEED 1, ALONG WITH THAT PORTION
DESCRIBED PER CORPORATION GRANT DEED RECORDED APRIL 9, 1963 AS FILE NO.
60557 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED HEREIN AS DEED 2, AND AS
SHOWN ON RECORD OF SURVEY 13744, RECORDED MAY 7, 1992 AS FILE NO.
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
2992-27634 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 41 OF LEBARR ESTATES UNIT
NO. 2, ACCORDING TO MAP THEREOF NO. 4944, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY APRIL 4, 1952, BEING ALSO A POINT ON THE
NORTHEASTERLY LINE OF LAND DESCRIBED IN PARCEL 1 IN DEED TO WILLIAM J.
BUTTERS, ET AL, RECORDED AUGUST 28, 1959 IN BOOK 7854, PAGE 304 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 OF
BUlTERS LAND NORTH 51" 51' 16" WEST, 189.25 FEET PER SAID RECORD OF
SURVEY (NORTH 51" 45' 28" WEST, 189.11 FEET PER SAID DEED 1) TO A POINT
ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31,
A DISTANCE OF 17.50 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF
SAID SOUTHEAST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH
00" 00' 57" WEST, 17.50 FEET PER SAID RECORD OF SURVEY (NORTH 00" 00' 59"
EAST, 17.50 FEET PER SAID DEED 1) TO THE NORTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF SECTION 31, BEING ALSO THE NORTHEAST
CORNER OF SAID CEDAR HILL ADDITION; THENCE ALONG THE NORTHERLY
LINE OF SAID CEDAR HILL ADDITION NORTH 89" 26' 17" WEST, 731.70 FEET PER
SAID RECORD OF SURVEY (NORTH 89" 26' 00" WEST, 731.29 FEET PER SAID
DEED 1) TO THE NORTHEAST CORNER OF TRACT 6 OF LAGUNA MESA TRACTS,
ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921; THENCE ALONG
THE EASTERLY LINE OF SAID TRACT 6, SOUTH 00" 02' 04" EAST, 151.85 FEET
PER SAID RECORD OF SURVEY (SOUTH 00" 00' 07" EAST 151.85 FEET PER
DEED 1) TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 2
IN SAID DEED TO BUTTER'S LAND; THENCE ALONG THE SOUTHERLY
BOUNDARY OF SAID PARCEL 2 OF BUTTER'S LAND AS FOLLOWS: 76" 22' 40"
EAST, 297.18 FEET PER SAID RECORD OF SURVEY (NORTH 76" 24' 40'' EAST,
297.16 FEET PER DEED 1); THENCE SOUTH 55" 52' 02" EAST, 326.64 FEET PER
SAID RECORD OF SURVEY (SOUTH 55" 50' 28" EAST, 296.64 FEET PER DEED
1) TO THE ANGLE POINT DESCRIBED IN SAID DEED 2 ON THE WESTERLY LINE
OF LOT 36 OF LEBARR ESTATES UNIT NO. 2 ACCORDING TO MAP THEREOF NO.
4944; THENCE NORTH 70" 47' 06" EAST 104.26 FEET PER SAID RECORD OF
SURVEY ALONG THE SOUTHERLY LINE DESCRIBED IN SAID DEED 2 TO THE
NORTHWEST CORNER OF SAID LOT 28, ALSO BEING THE NORTHWEST
CORNER OF LOT "A" AND THE NORTHWEST CORNER OF THE NORTHERLY
TERMINUS OF HIGHLAND DRIVE, ALL AS SHOWN ON SAID LEBARR ESTATES
UNIT NO. 2; THENCE NORTH 77" 28' 46" EAST 60.00 FEET PER SAID RECORD OF
SURVEY TO THE NORTHEAST CORNER OF SAID LOT "A", AND THE BEGINNING
OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF
530.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 77" 28' 46" EAST
(NORTH 77" 33' 49" EAST, 60.00 FEET PER DEED 21; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF WAY LINE OF
HIGHLAND DRIVE, THROUGH A CENTRAL ANGLE OF 03" 34' 11" A DISTANCE OF
33.02 FEET PER SAID RECORD OF SURVEY TO THE NORTHWESTERLY CORNER
OF SAID LOT 39 OF SAID MAP 4944; THENCE NORTH 58" 12' 39" EAST 195.67
FEET PER RECORD OF SURVEY ALONG THE NORTHERLY LINE OF SAID MAP
4944 (NORTH 58" 10' 57" EAST, 195.35 FEET PER DEED 1) TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION THAT LIES EASTERLY OF A LINE 30.00
FEET WESTERLY AND PARALLEL TO THE WESTERLY LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 31.