HomeMy WebLinkAboutCT 05-09; City of Carlsbad; 2009-0081680; Notice of RestrictionDGC# 2009-0081680
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
FEB19, 2009 11:41 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES ^
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
)
Space above this line for Recorder's use
Assessor's Parcel Number
Project Number and Name
213-121-01-00
CT 05-09/PUD 05-07/PIP 05-06 -
Bressi Ranch Lots 33-39
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:
Lots 33-36 of Carlsbad Tract CT 02--15 Bressi Ranch, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no. 14960,
filed in the Office of the County Recorder of San Diego County, California,
February 4, 2005
otherwise known as Spectrum Flex ("Spectrum Flex"), is restricted as to building interior
floor area uses relating to consequential parking requirements. Interior improvements for
each individual building in Spectrum Flex will only be permitted if the parking provided for
the entire Spectrum Flex property complies with Carlsbad City ordinance parking
requirements (CMC Chapter 21.44) for the cumulative mix of uses proposed
(office/manufacturing/warehouse) for all buildings in Spectrum Flex; i.e. no building will be
considered individually with regard to parking ratios or requirements, but instead all
buildings together will be considered cumulatively with regard to parking ratios and
requirements. With each interior improvement building permit submitted, the applicant will
provide the City with a current table detailing existing uses, square footages, and parking
ratios for the entire Spectrum Flex property, and each such building permit shall be subject
to the approval of the Planning Department.
This Notice of Restriction on Real Property (the "Notice") is made as an amended
notice in substitution of the notice titled "Notice of Restriction on Real Property" ("Original
Notice") recorded July 17', 2007 as Document No. 2007-0478358 in the Official Records,
San Diego County Recorder's Office, San Diego, California. This Notice replaces in all
respects the Original Notice.
The obligations and restrictions imposed are binding on all present or future interest holders
or estate holders of the property.
Rev. 11/26/2008
213-121-01-00
CT 05-09/PUD 05-07/PIP 05-06 - Bressi Ranch Lots 33-39
OWNER:
The Kelly Capital Group, Inc.,
a California corporation
Signature ^) /
Kenneth R.^Saderlee, President
Print name ariti ti
Date
2. .
APPROVED AS TO FORM:
CITY OF CARLSBAD
DON NEU,
Planning Director
Signatuj
KennetM R. Sajferlee, Secretary
Print name-ailci title"
Date
RONALD R. BALL, City Attorney
By:
Date
(Proper notarial acknowledgment of execution by Contractor 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.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
Rev. 11/26/2008
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ^2dCf\before me,Notary Public,
personally appeared Kenneth R. Satterlee, President, The Kelly Capital Group, Inc., a California
corporation, who proved to me on the basis of satisfactory evidence to be the person^) whose
name(^r) is/afe subscribed to the within instrument and acknowledged to me that he/sj>fe/th£y
executed the same in his/her/tru^lr authorized capacity^), and that by his/j^r/th^ir signature^
on the instrument the person^), or the entity upon behalf of which the person^ acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal CASEY C. SATTERLEE \
Commwion No. 1823259 A
OT^rPUBUC.CALJFSANOEGOCOUNTY
Rev. 12/17/2007