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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 H:/Developrnent ServiceslMasterslDeeds, Grant Deeds, EasemenWDeed Restrictions REV 03/15/02 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: ' H:/Development ServiceslMasterslDeeds, Grant Deeds, EasementslDeed Restrictions REV 03/15/02 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 ' H:/Development SewlceslMasterslDeeds, Grant Deeds, EasemenWDeed Restrictions REV 03/15/02 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.