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HomeMy WebLinkAboutCT 06-15; ; 2013-0678365; Deed Restriction4 DOCtt 2013-06783G5 llllllllllllllll RECORDING REQUESTED BY NOV 15, 2013 4:33 PM OFFICIAL RECORDS WHEN RECORDED MAIL SAN DIEGO COUNTY RECORDER'S OFFICE TO: Ernest J. Dronenburg, Jr., COUNTY RECORDER TO: FEES: 27.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1 llllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll llll III 1200 Carisbad Village Dr. Iiiiiiii Carisbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 214-630-02 / 214-631 20 & 21 PROJECT NO. & NAME: CT 06-15 Tabata Ranch DEED RESTRICTIONS The Tabata Family Trust ("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 CT 06-15 Tabata Ranch ("PROPERTY" hereinafter). In consideration of the approval of the final subdivision map for CT 06-15 by the City of Carisbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: A. All drainage courses, drainage flow-lines, drainage patterns and drainage facilities shown on City of Carisbad Drawing No. 471-9A, Grading Plans for Tabata Ranch, on file in the office of the City Engineer of the CITY, are to be maintained in perpetuity by the underiying property owner; and B. All future use of the property along drainage courses, drainage flow-lines, drainage patterns and drainage facilities shown on said Drawing No. 471-9A will not restrict, impede, divert or othenA/ise alter drainage flows in a manner that will result in damage to the underlying or 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 01/25/13 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 peri'ormance of this covenant the right to enforce this covenant against OWNER. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// H:/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 01/25/13 Executed by Owner this day of OWNER: Tabata Family Trust Ockj^ 20 / ^ . CITY OF CARLSBAD, a municipal corporation of the State of California (Name of Owner) By: JOHN COATES City Manager sign h#e) int name |?fere) By: GLEN K. Engineering Manager (pnnt (title and organization of signatory) (print^nameAiere) (tn- "TnA^kj^ (title and organization of signatory) (Proper notarial acknowledgment of execution by OWNER must be attached) APPROVED: CELIA BREWER City Attorney By: IN KEMP Assistant City Attorney H:/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of SaY\ h\^t:> On wl 5/(?) before me, CeccViCi ^t^V\(l\^^-ez ^ jVjcjba/y P^^jX personally appeared (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(8) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacity(ieS), and that by his/bcf/Lbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person!^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) CEQELIA FERNANDEZ Commistion # 1996355 Notify Public. Californli San Diego County My Comm. Expires Q^t 30. 2016 ^ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aclcnowtedgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative aclmowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial -wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form, • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^yi/\ On f)FAt>Jur A>X^J3 before me Date personally appeared ^ J-e^rr CYI*THIAL.ttl¥HI8 Committi«l# 1172688 NBttfyPHMte-CMmlt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) J^/are subscribed to the within instrument and acknowledged to me that h^j^j^they executed the same in l^i^^U©»'their authorized capacity(ies), and that by l^fiid^er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SMOIIIQCOIM^ 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A^,F:^Zlc^'^^ Place Notary Seal Above Signature OPTIONAL- Signature of Notary Public Though the information beiow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: . . RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: . RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer Is Representing:. ©2007National Notary Association • 9350 De Soto Ave., RO.Btw 2402 •Chatsworth, CA 91313-2402 •www.NationaiNotary.org item #5907 Reorder: Call Toll-Reel-800-876-6827 H :/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 01/25/13