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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. ... ... ... ... ... ... ... ... 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 ' H:/Developrnent ServiceslMasterslDeeds, Grant Deeds, EasernentslDeed Restrictions REV 03/15/02 . 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