HomeMy WebLinkAboutRP 03-07; ; 2005-0107382; Deed RestrictionRECORDING REQUESTED BY
WHEN RECORDED MAIL
TO:
City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2005-01 07382 I llllllll 111 111ll Ill11 IIIII Ill11 11111 11111 lllllllll1 Ill11 11111 1111 Ill1
FEB 08,2005 4:47 PM
OFF1 Cl AL RE CORDS SAN DIEGO COUNTY RECURDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 16.00
ASSESSOR'S PARCEL NO. 204-081-14-00
PROJECT NO. & NAME: RP 03-07 DIM RESIDENCE
DEED RESTRICTIONS
Darin Diaz, an unmarried man ("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" hereinafter). In consideration of the approval of building permit CB 04-
2350 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
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.
Ill
Ill
Ill
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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 2 7 day of SmU#/;! ,2005.
DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California
Darin Diaz By: ww&
By:
..
LLOYD eci"UBBYP.E. for City Manager
(sign here) LJ
Darin Diaz, an unmarried man
By: "Ope< (sign 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:
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State of California ) 1 County of San Diego 1
On la7 /OS before me, 3 M ~a WCK ,1\1mrc~ 9ub(ic
(Date) (Name, Title of Officdr)
personally appeared rnvlr., Dizz
(Name[s] of Signer[s])
, 0 personally known to me - OR - &(or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) idare 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@),
or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
I Sdnature of Notary
(This area for official
notary seal)
Title or Type of Document ed 'T24 s+1 c-fi 0 n s
Date of Document
Signer(s) other than named above
No. of Pages
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EXHIBIT A
ALL THAT PORTION OF LOT 23 AND LOT 24 IN BLOCK 31, LYING
SOUTHERLY FROM A LINE COMMENCING AT THE MID POINT OF THE
NORTHWESTERLY LINE OF SAID LOT 23 TO THE MID POINT OF THE
SOUTHEASTERLY LINE OF SAID LOT 24, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCODING TO MAP
THEREOF NO. (535, 775 AMENDED MAP), FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,1883.