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HomeMy WebLinkAboutCT 02-21; ; 2004-0691376; Deed RestrictionRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. \ Carlsbad, CA. 92008 DOC # 2OO4-OmI 376 I llllllll Ill lllll11111llll1 IIIII 11111 11111 11111 lllll Ill11 11111 1111 Ill1 JUL 23,2004 8:48 AM OFFICIAL RECORDS SBN DlEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER 17.00 FEES: PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSORS PARCEL NO. 215-Obl-Oq PROJECT NO. & NAME: CT 02-21, La Costa Greens 1 .I2 DEED RESTRICTIONS Real Estate Collateral Management Company, a Delaware Corporation ("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 La Costa Greens ("PROPERTY" hereinafter). In consideration of the approval of CT 02-21 by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: To maintain the sight distance corridors, as shown on Map 148% , in perpetuity as follows: Type I Sight Distance Corridor No structure, fence, wall, tree, shrub, sign or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as Type I Sight Distance Corridor in accordance with City Standard Public Street-Design Criteria, Section 8.6.3. Type II Sight Distance Corridor No structure, fence, wall, tree, shrub, sign or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors shown on the final map as Type II Sight Distance Corridors. No obstruction shall restrict or impede the ability of motorists at the intersection to identify approaching vehicles pursuant to Caltrans sight distance standards. H:/Development ServiceslMasterslDeeds, Grant Deeds, EasementdDeed Restrictions REV 03/15/02 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 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 46 day of hhd ,20uY . Real Estate Collateral DEVELOPER: Management Company CITY OF CARLSBAD, a municipal a Delaware corporation corporation of the State of California (Name of Developer) .- for City Manager By: (sign here) Fred Schimel (print name here) Vice President (title and organization of signatory) By: (sign here) (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 ServiceslMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 0311 5/02 In Hard % 2cwL( before me, bid/)& e. hLi?.4& 1 ersonally appeared F2-B SLlr;>,e/ (Date) (Name, Title of Officer) (Name[s] of Signer[s]) , $personally known to me - OR - 0 (or proved to me on le basis of satisfactow evidence) to be the person(s) whose name(s) is/are subscribed to the rithin instrument and acknowledged to me that he/she/they executed-the same in his/her/their uthorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), r entity upon behalf of which the person(s) acted, executed the instrument. VITNESS my hand and official seal iignature of Notary (This area for official notary seal) ~ ~ Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 1:lDevelopment ServlceslMasterslDeeds, Grant Deeds, EasementslDeed Restrlctlons REV 03/15/02 EXHIBIT “A” LOT 27 OF CARLSBAD TRACT 02-21 LA COSTA GREENS NEIGHBORHOOD 1.12, IN THE CITY OF CARLBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14806 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON crl~q 27.200q . I