HomeMy WebLinkAboutCT 02-23; ; 2004-0691374; Deed RestrictionDOC # 2004-0691 374
RECORDING REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
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JUL 23.2004 8:48 AM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE CiREGORY J. SMITH, COUNTY RECORDER
FEES: 17.00
PAGES: 4
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SPACE ABOVE THIS LINE FOR RECORDER'SUSE
ASSESSOR'S PARCEL NO. 215-030-14
PROJECT NO. & NAME: CT 02-23. La Costa Greens 1.08
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 02-23 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 14863 , 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.B.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.
Ill
H:/Developrnent Services/Masters/Deeds. Grant Deeds, EasementslDeed Restrictions REV 0311 5/02
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.
Execute$ ,bi PyeloEer theo '& ~ a e davff ~ fldd ,20w . st te
CITY OF CARLSBAD, a municipal DEVELOPER: Management Company
a Delaware corporation
(Name of Developer)
for City Manager By: &%-+A
(sign here)
I Fred Schimel
(print name here)
(title and organization of signatory)
By:
Vice President
(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
H:lDeveloprnent ServiceslMasterslDeeds, Grant Deeds, EasernentslDeed Restrictions I REV 03/15/02
STATE OF ILLINOIS
COUNTY OF COOK ss.
On k6 &c\ 4,
APPEARED, aa &h&c,
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that by his signature on the instrument
the entity upon behalf of which the person acted, executed the instrument.
2004 before me, Diana C. Moreno, Notary Public PERSONALLY
personally known to me to be the person
WITNESS my hand and official seal
RY #I&IC, STATE OF ILLINOIS
Signature L t-bth.44
Diana C. Moreno
EXHIBIT “A”
LOTS 1, 4, 9, 31, 47, 52, 53, 62, 63, 82 OF CARLSBAD TRACT 02-23 LA COSTA
GREENS NEIGHBORHOOD 1.08, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
\ 4803 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON h6.g 2?,2oO4