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HomeMy WebLinkAboutCDP 04-57; ; 2005-0916395; Deed RestrictionI RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2005-091 6395 I ll1l11Il Ill lllll IIIII 11111 11111 11111 Ill11 11111 Ill11 IIIII 11111 1111 1111 OCT 21,2005 451 PM OFFICIAL RECORDS SAN DIEGS, COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 16.UD PAGES: 4 I lull1 1111 AIII #Ill 1111 I\\\ 11111 11\11 lllll1 II III 11111 11111 11Ul SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 156-351-06 PROJECT NO. & NAME: CDP 04-57 SOHAEI RESIDENCE DE ED RESTR I CTlONS Lorigene Sohaei, Trustee of the Farlor Family Trust dated November 10, 1997, ("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 2359 Pi0 Pic0 ("PROPERTY" hereinafter). In consideration of the approval of CDP 04-57 by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: No building or other permanent structure whatsoever shall be constructed, erected, placed, or maintained on the southerly thirty (30) feet of subject property unless written approval is obtained from the City Engineer. 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. H:/Development ServicedMasterdDeeds, Grant Deeds, Easemenmeed Restrictions REV 03/15/02 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 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 2 day of 2 f-i37f--1)J-4 f ,20 0 17 DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California LORIGENE SOHAEI, Trustee of the Farlor Family Trust dated November 10,1997 (Name of Developer) By: By: Lorigene Sohaei (print name here) Trustee of the Farlor Family Trust dated November 10, 1997 (title and organization of signatory) pew for City Manager / \ (sign here) I By: (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 ServicesAdasterdDeeds, Grant Deeds, EasementdDeed Restrictions REV 031 5/02 State of California ) ) County of San Diego 1 On 9-2-0s beforeme, 0,- mo Nh 01n1-9 h3otolr \; pubLC (Date) (Name, Title of bfficer) personally appeared LO r'\ P.sr (Nad~e[s] of Signerts]) , personally known to me - OR - rC(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages I H:/Development ServiceshlasterdDeeds, Grant Deeds, Easementmeed Restrictions REV 03/15/02 . NORTHERLY 145 FEET OF THE SOUTHERLY 285 FEET OF THE EASTERLY 382 ' FEET OF THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER , OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY COMMENCING AT THE CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 7, NORTH 0" 02' WEST A DISTANCE OF 603.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG AFOREMENTIONED WESTERLY LINE OF SAID TRACT 7; NORTH 0" 02' WEST A DISTANCE OF 301.87 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO JOSEPH N. BRADFORD AND LAURA F. BRADFORD, BY DEED DATED FEBRUARY 19, 1929 AND RECORDED IN BOOK 1601, PAGE 263 OF DEEDS; RECORDS OF SAN DIEGO COUNTY; THENCE NORTH 89" 58' EAST ALONG THE NORTHERLY LINE OF SAID BRADFORD'S LAND A DISTANCE OF 146.10 FEET TO AN ANGLE POINT THEREIN; THENCE LEAVING SAID NORTHERLY LINE, NORTH 89" 55'45" EAST A DISTANCE OF 521.52 FEET TO A POINT, SAID POINT BEING ON THE WESTERLY LINE OF OLIVE DRIVE; THENCE ALONG THE WESTERLY LINE OF OLIVE DRIVE, SOUTH 0" 02' EAST A DISTANCE 302.80 FEET; MORE OR LESS, TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89" 59' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 89" 59' WEST A DISTANCE OF 667.62 FEET TO THE TREE POINT TO BEGINNING. APN: 156-351-06 H:/Development ServiceslMasterslDeeds, Grant Deeds, EasementsIDeed Restrictions REV 03/15/02