HomeMy WebLinkAboutCDP 03-12; ; 2005-0054710; Deed RestrictionDOC # 2OO5-OO5471O
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
I llllllli 111 lilll lllll IIIII Ill11 11111 11111 11111 111llllll111111 Ill1 1111
JAN 21.2005 9:00 AM
OFFICIAL RECURClS
';AN DIEGO COUNTY RECORDER'S OFFICE GKEGOH'I' J SMITH COUNTY RECDRDEF; FEES 0 00 FAG E 5 6
I llllll Plll111111111111111111111111111111111 lllll11111 Ill11 lllll11111 Ill1 Ill1
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 206-1 92-34
PROJECT NO. & NAME: CDP 03-12 - Adams St SFR North
OPEN SPACE DEED RESTRICTION
Kirk Patrick Development, LLC ("OWNER hereinafter) is the owner of real property
described as:
Parcel 1 in the City of Carlsbad, County of San Diego, State of California,
as shown at Page 12773 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, June 20,1983
which is commonly known as 4575 Park Drive (I'PROPERTY"). In consideration of the approval
of CDP 03-12 - Adams St SFR North by the City of Carlsbad ("CITY"), OWNER hereby
covenants and agrees for the benefit of the City, to the following:
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 need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units.
H :/Plannlng/New/Notlces/OpenSpaceDeedRestrlctlon REV 11/30/04
For purposes of this covenant, prohibited development shall include but not be limited
' H:/Planning/New/Notices/OpenSpaceDeedRestriction
that approved as part of the site plan.
This covenant shall run with the land and be binding upon and inure to the benefit of
future owners, successors, heirs, personal representatives, transferees and assigns of the
respective parties as well as those with encumbrances. 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 the City is required to incur costs to enforce the provisions of this covenant, and is the
prevailing party, City shall be entitled to full reimbursement of all costs, including reasonable
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 and recover
costs.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
REV 11/30/04
Executed by Owner this 5* day of ry ,20 05.
OWNER:
(Name of Owner) By:
CITY OF CARLSBAD, a municipal
I4rk ?&ldc %+wwlf, LLc
MICHAEL J. HOLZMILLER, Planning Director .._ rr
I
ran uarj 18,2005- Date
ATTEST: ,
I t
gss mu H J+, /%a hqq @- 1 P3Na2 and Title
Signature
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(s)
signing to bind the corporation).
' H:/Planning/New/Notices/OpenSpaceDeedRestriction REV 11/30/04
date of California ) 1
:ounty of 1
)n fPtnh3 'hrbefore me,
hs *&*
&r DbbOS, r3QW ?UbLLt,
(Date) (Name, Title of Officer)
ersonally appeared 7-v 2 b 5 s kt W d
(Name[s] of Signer[s])
ry R~~~~~~~ , C personally known to me -
ie bgsis of satisfactory evidence) to be the
rithin instrument and acknowledged to e
uthorized capacity(p!s), and that by &--"k-'ignature@) on the instrument the person(y),
r entity upon behalf of which the personp) acted, executed the instrument.
VITNESS my hand and official seal
&
iignature of Notary
(This area for official
notary seal)
Title or Type of Document (3fi -& S9/tci? oi33=D Rc% rrc7ml
Date of Document PJW 8% - No. ofpages b
Signer@) other than named above
:/Planning/New/Notics/OpenSpaceDeedRestriction REV 11/30/04
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL “A”
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 12773, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 20,1983, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 73’24’32” EAST,
16.02 FEET (NORTH 73’23’33” EAST PER SAID PARCEL MAP NO. 12773) TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY
LINE OF PARCEL 1, NORTH 22’2 1 ’ 18” WEST, 80.85 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1 ; THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL 1, NORTH 65’32’21’’ EAST, 188.21 FEET; THENCE
LEAVING SAID NORTHERLY LINE, SOUTH 09”10’00” EAST, 14.41 FEET TO
AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM SAID RADIUS
POINT BEARS NORTH 35’02’50” WEST; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71’32’38’’ AN
ARC DISTANCE OF 62.44 FEET; THENCE SOUTH 16’35’28’’ EAST, 37.03 FEET
HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM SAID RADIUS
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10’20’47” AN ARC
DISTANCE OF 9.03 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
PARCEL 1; THENCE ALONG SAID SOUTHERLY LME, SOUTH 73O24’32” WEST,
137.24 FEET TO THE POINT OF BEGINNING.
THE BEGDJNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND
POINT BEARS NORTH 67023~ WEST; THENCE SOUTHERLY ALONG THE
CONTAINS 0.325 ACRE MORE OR LESS.
I b-20 -4 SEAN C. ENeERT, LS 7959 DATE
ExHzBlT "B"
PARCEL "A " - HABITAT PRESERVATION EASEMENT AREA ml PARCEL 'B " - HABITAT PRESERVATION EASEMENT AREA
GRAPHIC SCALE 1 18 -50 I
SE#lO
COABTAL LAND SOLUTIONS 50 0 50 100 150