Loading...
HomeMy WebLinkAboutCE 20; ; 2004-0248794; Deed Restriction1 Recording requestec 1: CHICAW TITLE COMPANY RECORDING REQUESTED BY TO: WHEN RECORDED MAIL DOC * 2004-624 OFFICIAL FSCORB GWGONY J. SWITH, COUNTY RECORDER DIEHI COUNTY A'CORDER'S OFFICE 16049 FEES: 0.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDERS USE %mm-a I X% 1013-05 ASSESSOR'S PARCEL NO. 206-192-05 PROJECT NO. & NAME: Notice of Grading Violation Case No. 20, Fissell, Record Document No. 89-558331 I DEED RESTRICTIONS James C. Fissell (''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 a portion of 4520 Adams Street("PR0PERTY" hereinafter). In consideration of the release of Notice of Grading Violation Case No. 20 by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: Submit for and obtain approval of a grading permit from the City Engineer prior to a distress sensitive structural improvement being placed on the property. 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 REV 03/15/02 H:/Development Services/Masters/Deeds, Grant Deeds, EasemenWDeed Restrictions 16050 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 n d day of F e b r u a ry ,20 04. OWNER: James C. Fissell (Name of Owner) CITY OF CARLSBAD, a municipal corDoration of the State of California e. By: wfl 4424 LLOYDa. HUBBg P.E. for City Manager I- -- James C. Fissell (print name here) Owner (title and organization of signatory) By: NIA (sign here) (print name here) (title and organization of signatory) NIA NIA (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:IDevelopment ServiceslMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02 16051 itate of California 1 1 :ounty of San Diego 1 In 2/2/04 beforeme, Linda Lopez, Notarv Pub1 ic , (Date) (Name, Title of Officer) James C. Fissell------------------- iersonally appeared (Name[s] of Signer[s]) , 0 personally known to me - OR - (or proved to me on le basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the ithin instrument and acknowledged to me that he/she/they executed the same in his/her/their iuthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), lr entity upon behalf of which the person(s) acted, executed the instrument. VITNESS my hand and official seal .inda Lopez SAN DIEGO COUNTY (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above Deed Restrictions No. of Pages /Development ServicedMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02 16G52 EXHIBIT “A” LEGAL DESCRIPTION OF A PORTION OF 4520 ADAMS STREET A.P.N. 206-192-05 THE NORTHERLY 125 FEET OF LOT 16 OF BLOCK E OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 7,1929. H:/Development ServiceslMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02