HomeMy WebLinkAboutCDP 97-32; Richards Family Trust; 1998-0013656; Notice of RestrictionDtlC3 1998-0013656
JAN 12. 1498 IO-56 AM
DFFIcIAL REtiKDS SAN DIEGO CDUNTY RECORDER’S OFFICE
l 6 34 RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD 1 1200 Carlsbad Village Drive
Carlsbad, California 92008-I 989 ) jq) \~~t, 1
Space above this line for Recorder’s use
Assessor’s Parcel Number _
Project Number and Name
210-120-31 -.-. -- CDP 97-32 TERRAMAR
BEACH HOUSE
NOTICE OF RESTRICTION ON REAL PROPERTY
The real property located in the City of Carlsbad, County of San Diego, State
of California described as follows:
A portion of Lot “H” of Ranch0 Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 823 as filed in the Office of the County Recorder of
San Diego County, November 16, 1896
is restricted by a Coastal Development Permit No. CDP 97-32 issued by the City of
Carlsbad on December 3, 1997. A copy is on file at the City of Carlsbad Planning
Department. The obligations and restrictions imposed are binding on all present or
future interest holders or estate holders of the property, as outlined in Planning
Commission Resolution No. 4208 which contains additional restrictions regarding
the lack of structures allowed for the 25 foot blufftop setback and the 30”
landscaping height limitation for the Carlsbad Boulevard Right of Way area.
In addition to disclosing the blufftop setback and landscaping restrictions
contained in Resolution No. 4208, Condition No. 5, this Deed Restriction also
Rev. 06/04/96
1635
serves to disclose the waiver of public liability as required by Section 21.204.120
of the City’s Zoning Ordinance.
The subject property owners, and all future owners in interest, unconditionally
accept and agree to the following:
a) That the applicants understand that the site may be subject to extraordinary
hazard from waves during storms, from erosion, and from landslides, and the
applicants assume the liability from those hazards;
b) The applicants unconditionally waive any claim of liability on the part of the
California Coastal Commission or the City of Carlsbad for any damage from
such hazards; and
c) The applicants understand that construction in the face of these probable
hazards may make them ineligible for public disaster funds or loans for
repair, replacement, or rehabilitation of the property in the event of storms
and/or landslides.
Rev. 06/04/96
1636
OWNER: CITY OF CARLSBAD
ATTEST:
Signature
Print name and title
%+~!ET~QI%A@~~KRANZ, Citfilerk
e APPROVED As ~0 FORM:
RONALD R. BALL, City Attorney
m!43 Is7
Datg/
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president m secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of
partnership authorizing the partner to execute this instrument).
Rev. 06/04/96
.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
on December 23. 1997 before me, SUZETTE LAD
Notary Public, personally appeared LARRYD.RICEWRDSARDPAMRLAD.RICEARLS ,
fl personally known to me - or 17 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 capacityfies), and that by hrslheritheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Rev. 06/04/96