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HomeMy WebLinkAboutCT 05-19; ; 2007-0153045; Deed Restriction10427 DOC# 2007-0153045 RECORDING REQUESTED BY City of Carlsbad WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 M MAR 06, 2007 1:50 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH COUNTY RECORDER FEES: 0.00 PAGES: 4 2007-0153045 Oat SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 156-190-53-00 156-190-54-00 PROJECT NO. & NAME:CT 05-19 Carlsbad Medical Center DRAINAGE DEED RESTRICTION Carlsbad Medical Village, LP, a California limited partnership ("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 property on the south side of Carlsbad Village Drive between Highland Drive and Pio Pico Drive ("PROPERTY" hereinafter). In consideration of the approval of Grading Plan, DWG 443-4A by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: That the drainage course of all drainage entering the property described in Exhibit A is to be maintained in perpetuity by the underlying property owner; and that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 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 H:/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 03/15/02 10428 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 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 27 day of Decetn^fs- 20_££_. DEVELOPER: Carlsbad Medical Village, LP, a California limited partnership (Name of Developer) By: CITY OF CARLSBAD, a municipal corporatio/^of the Staje of California By: David Mauser, P.E. for City Engineer (sign here) Russell Ries (print name here)Managing Member, Goldentop Development I, LLCa California Limited Liability CompanyI-KC; npipia-r.32. Partner(title and organization of signatory) By: (sign here) (print name •{fitle 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 H:/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 03/15/02 10429 State of California County of San Diego On before me.mchgj l (Date)(Name, title of'Officer) rt/ personally appeared Russell (Name[s] of Signer[s]) 1 ~ "" ' ' , FJ poroonally known tu niu - OR -jf(or proved to me on the basis of satisfactory evidence) to be the perspn^) whose name(s^1s/aYe subscribed to the within instrument and acknowledged tcwne thatCfig/stfe/tl^y executed the same iry^/h^r/th^ir authorized capacity(ie^, and that by^Kj^fh^r/tr/6ir signature^" on the instrument the person^C or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document l2/2£>£x^ r~tC Of Pages 2- (S> Signer(s) other than named above c.i H:/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 03/15/02 ...• • 10430 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Commencing at a point in the center line of Highland Drive, distant thereon North 34°33'00" West, 372.58 feet from the intersection of said center line of Highland Drive with the center line of Oak Avenue; Thence South 55°27'00" West, 108.38 feet to the True Point of Beginning; Thence continuing South 55°27'00" West, 87.83 feet; Thence South 34°33'00" East, 182.56 feet; Thence South 55°26'07" West, 89.54 feet; Thence South 34°33'00" East, 25.00 feet; Thence South 55°26'07" West, 65.00 feet; Thence North 34°33'00" West, 3.50 feet; Thence South 55°26'07" West, 116.91 feet to an intersection with a line that bears North 34°33'00" West, 168.50 feet from a point on the center line of said Oak Drive, distant thereon South 55°26'07" West, 467.47 feet from the intersection of said center line with the center line of said Highland Drive, North 34°33'00" West, 290.55 to the Southerly right of way of Elm Avenue, and a point in the arc of 1,242.00 foot radius curve, concave Northwesterly, a radial line from said curve bears North 44°59'45" West; Thence Northeasterly along the arc of said curve through a central angle of 03°47'30" a distance of 82.19 feet to a point of reverse curvature with a 1,158.00 foot radius curve, concave Southeasterly; Thence Northeasterly along the arc of said curve through a central angle of 13°57'08" a distance of 281.99 feet to an intersection with a line that bears North 34°32'09" West from the True Point of Beginning; Thence South 34°32'09" East, 139.47 feet to the True Point of Beginning.