HomeMy WebLinkAboutSDP 97-08B; ; 2005-0579628; Deed RestrictionRECORDING
REQUESTED BY
WHEN RECORDED TO: IL
DOC # 2005-0579628 I lllllill lil11111 lllli lllll lilil lllll lllll111ll lllll11111 illll111111ll
JVL 11.2005 8:47 AM
UFFICIAL REI'URDS SAM DIE GO COUN T'."' REC'URDER'S OFFICE G F; E G U R'i' J ':r M I T H, C.0cI N T'I' RE 110 K D E H FEES I1 00
FAG E s. 4
I llllll lllll Illll 1111 lllll lllll Ill11 11111 Ilill Ill11 11111 1111 Ill11 11111 Ill1 Ill1 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 209-050-32
PROJECT NO. & NAME: SDP 97-08(B)/SUP 97-05(B) -
Carlsbad Comorate Center
DEED RESTRICTION
H. G. Fenton Company (''OWNER'' hereinafter) is the owner of real property
which is commonly known as:
Parcel C of Minor Subdivision No. 98-11 in the City of Carlsbad,
County of San Diego, State of California, according to Parcel Map
No. 18416, filed in the Office of the County Recorder of San Diego
County on January 26, 2000 as File No. 2000-39031 of official
records
(''PROPERTY hereinafter). In consideration of the approval of Site Development Plan SDP
97-08(B) and Special Use Permit SUP 97-05(B), as approved by the Planning Commission of
the City of Carlsbad (''CITY'' hereinafter) on October 6, 2004 (Planning Commission
Resolutions No. 5743 and 5745), OWNER hereby covenants and agrees for the benefit of the
City, to do the following:
The owner shall record a deed restriction on the property prior to
the issuance of building permits indicating that office,
manufacturing and warehouse standards have been used in the
determination of adequacy of parking, these uses will be retained
and no other uses or combination of uses creating a need for
additional parking will be permitted unless more parking is provided
to meet City standards on a cumulative basis.
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.
The Conditions of Approval for Resolution Nos. 5743 and 5745 provide that “If any of
the conditions fail to occur, or if they are, by their terms, to be implemented and maintained
over time, if any of such conditions fail to be so implemented and according to their terms, the
City shall have the right to revoke or modify all approvals herein granted; deny or further
condition issuance of all future building permits; deny, revoke or further condition all certificates
of occupancy issued under the authority of approvals herein granted; record a notice of violation
on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City’s approval of Site Development Plan and Special Use Permit.”
If the City is required to incur costs to enforce the provisions of this covenant, the
City 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.
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H:/Development ServlceslMasterdDeeds, Grant Deeds, EasemenWDeed Restrictions REV 031 5/02
Executed by Developer this I 0th day of * ,20 05.
DEVELOPER:
(Name of Developer) .
H-Gb Fc~~R 6-w
BY// here)
A\\.uM. G-
(print name here)
Jtcc P*s;dd ,GL, hi ~wpy
(title and organization of signatory) 1
I (sign here)
I (print name here)
C#o I && , G-4-n ( (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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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.
State of California 1 1
County of San Diego 1
On JwIcIO~ 2~5 before me, Cb Chmz. Nv+~ -~bJ/e ,
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
, dpersonally known to me - OR -
{to be the person(s) whose name(s)Mare subscribed to the
within instrument and acknowledged to me that kdske/they executed the same in 4#bw/their
authorized capacity(ies), and that by-hiekdtheir 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
(This area for official
notary seal)
Title or Type of Document
Date of Document No. of Pages
' H:/Development ServlceslMasterdDeeds, Grant Deeds, EasemenWDeed Restrictions REV 03/15/02