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HomeMy WebLinkAboutMS 05-32; ; 2006-0665013; Deed RestrictionDOC# 2006-0665013 f* RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 6541 SEP 19, 2006 11:02 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES' 19.00 PAGES 5 2006-0665013 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NUMBER. 206-020-03 PROJECT NUMBER: MS 05-32 PROJECT NAME: Tamarack Beach Lofts DEED RESTRICTIONS Lugano Shores Investments, a California Limited Liability Company ("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 Tamarack Beach Lofts ("PROPERTY" hereinafter) as shown on Exhibit A. In consideration of the approval of MS 05-32 by the City of Carlsbad ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City, to do the following: To ensure that drainage from adjacent properties and through Parcel 1 of MS 05-32 on file with the City of Carlsbad, is 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 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 H:/Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 03/15/02 6542 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 \*6 day of /Wus4~ _ , 20 OWNER: Lugano Shores Investments, LLC CITY OF CARLSBAD, a municipal corporation of the State of (California (Name of Owner)By: c. Hammann, City Engineer for City Manager (sign here) (print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by OWNER 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 officers) 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 6543 State of California County of San Diego On before me, (Date)(Name, Title of Officer) personally appeared V/^K\\v<jvw\ (Name[s] of Signerfs]) A. &<A^\\!^> "\\\ . /[^personally known to me - OR - rj (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary RICHARD CORNELL I Commission #1443283 I Notary Public - California \ San Diego County r My Comm. Expires Oct 3,200?P (This area for official notary seal) Title or Type of Document, Date of Document No. of Pages_ Signer(s) other than named above. H ^Development Services/Masters/Deeds, Grant Deeds, Easements/Deed Restrictions REV 03/15/02 Sheet 1 of 2 65^4 Exhibit "A" Legal Description: The northeasterly 65 feet of the northwesterly 150 feet of Lot 10 in Block "S" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1803, filed in the office of the County Recorder of San Diego County, August 25, 1924. APN: 206-020-03 6545 EXHIBIT "A"SHEET 2 OF 2 Drainage system Cross Lot Drainage