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HomeMy WebLinkAboutCT 06-24; LNR CPI Bressi Retail LLC; 2008-0013656; Notice of RestrictionDOC# 2008-0013656 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) ft JAN 1 1 , 2008 1 1 :53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER I-EES: 25.00 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 213-191-02-00 CT06-24/SDP06-17 Bressi Ranch Village Center 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: Being a portion of Lots 4 and 5 of Carlsbad tract ct 03-03, in the city of Carlsbad, county of San Diego, state of California, according to map thereof no. 14800, filed in the office of the county recorder of San Diego County, recorded may 21, 2004, being more particularly described as follows: Beginning at the most northerly corner of said Lot 5, said corner being in the southerly right-of-way line of gateway road, 72.00 feet in width as shown on said map no. 14800, said corner also being the beginning of 264.00 foot radius curve concave southerly, a radial line to said curve bears north 02°23'12" east; thence easterly along the northerly line of said Lot 5 and the arc of said curve, 162.40 feet through a central angle of 35°14'41"; thence tangent from said curve, south 52°22'07" east 102.35 feet to the beginning of a tangent 386.00 foot radius curve concave northerly; thence southeasterly and northeasterly along the arc of said curve, 465.00 feet through a central angle of 69°01'18"; thence tangent from said curve, north 58°36'35" east 178.06 feet to the beginning of a tangent 25.00 foot radius curve concave southerly; thence northeasterly and southeasterly, along the arc of said curve, 34.07 feet through a central angle of 78°04'47" to a point in the southwesterly right-of-way line of El Fuerte Street, 89.00 feet in width as shown on said map no. 14800, said point also being the beginning of a 717.00 foot radius, reverse curve concave northeasterly, a radial line to said curve bears south 46°41'22" west; thence southeasterly along said southwesterly right-of-way line and the northeasterly line of said Lot 5, 427.10 feet through a central angle of 34°07'46"; thence tangent from said curve south 77°26'24" east 177.68 feet to the beginning of a tangent, 25.00 foot radius curve concave southwesterly; thence along the arc of said curve, southeasterly, and southerly, 42.46 feet through a central angle of 97°18'54" to a point in the northwesterly right-of-way line of Bressi Ranch way with a variable width right-of-way as shown on said map no. 14800, said right-of-way also being the southerly line of said Lot 5; thence southeasterly along the southerly line of said Lot 5, south Rev. 06/04/1996 213-191-02-00: CT 06-24/SDP 06-17 Bressi Ranch Village Center: 19°52'30" west 180.05 feet to the beginning of a tangent 270.00 foot radius curve concave northwesterly; thence southwesterly, 332.89 feet along said curve through a central angle of 70°38'27"; thence tangent from said curve north 89°29'03" west 102.05 feet to the beginning of a tangent 330.00 foot radius curve concave southerly; thence southwesterly along the arc of said curve, 296.48 feet through a central angle of 51°28'35"; thence leaving the southerly line of said Lot 5, north 50°03'56" west 61.43 feet; thence north 03°07'33" west 89.18 feet; thence south 86°52'27" west 165.00 feet; thence north 03°07'33" west 31.00 feet to a point on the line common to said Lot 4 and 5; thence westerly along said common line, south 86°52'27" west 118.90 feet to a corner common to said Lots 4 and 5; thence along the westerly line of said Lot 5, north 03°07'33" west 196.97 feet to the northerly right-of-way of town garden road as dedicated per document recorded march 26, 2007 as instrument no. 2007-0200097, in the office of the county recorder of San Diego County; thence westerly along said right of-way, south 86°52'54" west 75.37 feet to the beginning of a non-tangent, 60.00 foot radius curve, concave southwesterly, a radial line to said curve bears north 54°38'59" east; thence northwesterly along the arc of said curve, 32.02 feet through a central angle of 30°34'23" to the beginning of a non-tangent, 10.00 foot radius, reverse curve concave northeasterly, a radial line to said curve bears south 24°05'23" west; thence northwesterly along the arc of said curve 9.05 feet through a central angle of 51°49'27"; thence non-tangent from said curve, south 86°52'27" west 44.36 feet to the beginning of a non-tangent 10.00 foot radius curve concave northwesterly, a radial line to said curve bears south 82°09'57" east; thence southwesterly along the arc of said curve 9.05 feet through a central angle of 5r49'27" to the beginning of a non-tangent 60.00 foot radius, reverse curve concave southeasterly, a radial line to said curve bears north 30°19'43" west; thence southwesterly along the arc of said curve 34.34 feet through a central angle of 32°47'20"; thence non-tangent from said curve, and along the northerly right-of-way line of said town garden road and the southerly line of said Lot 5, south 86°52'54" west 134.05 feet to a common corner to said Lot 5 and Lot 1, as shown on said map no. 14800; thence leaving said northerly right-of-way line and along the westerly line of said Lot 5, north 03°07'27" west 252.53 feet; thence north 67°51'19" west 48.65 feet; thence north 03°07'13" west 208.89 feet to the point of beginning. Said land being described as parcel a in that certain certificate of compliance recorded august 24, 2007 as instrument no. 2007-0563780 of official records. Excepting there from: A. All oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name know, geothermal steam and all products derived from any of the foregoing, that may be within or under the land, together with the perpetual right of drilling, mining exploring and operating therefore and storing in and removing the same from said land or any other land, including the right of whip stock or directionally drill and drill mine from lands other than the land, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land, and to bottom such whip stocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to re-drill, re-tunnel, equip, maintain, repair, deepen and operate such wells or mines without, however, the right to drill, mine, store, explore or operate through or enter upon the surface or the upper 500 feet of the subsurface of the land. As reserved in the deed recorded may 28, 2004 as instrument no. 2004-0495514 of official records. Rev. 06/04/1996 213-191-02-00: CT 06-24/SDP 06-17 Bressi Ranch Village Center: B. Except there from, all underground water lying beneath said land, but without the right of entry to the surface thereof for the purpose of procuring water, as reserved upon the map of said land. (Affects parcel 5) Parcel B: An exclusive easement for the purposes of installing, maintaining, repairing, altering and/or replacing a sign and associated landscaping together with a non-exclusive easement to install, maintain, repair, alter, and replace, as necessary, underground electrical utilities necessary to provide power to the sign over a portion of Lot 29 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 as contained in the document entitled "sign easement agreement" recorded June 28, 2007 as instrument no. 2007-0434916 of official records is restricted by a Tract Map No. CT 06-24 and Site Development Plan No. SDP 06-17 approved by the City of Carlsbad on September 25, 2007 by Planning Commission Resolution No. 6311 and City Council Resolution No. 2007-254. 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. Rev. 06/04/1996 OWNER: Owner's Name Signature 213-191-02-00: CT 06-24/SDP 06-17 Bressi Ranch Village Center: CITY OF CARLSBAD DON NEU, Planning Director Af-off Date Print name and title Signature Print namef and title ' AS TO FORM: tf.D R. BALL, City Attorney By: Assistant City Attorney s / ^ (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. 06/04/1996 l.NRCPI Bressi Metal!, LlA (Bressi Retail) Ov4Hg.fr '. LNR CPI Bressi Retail, LLC a California limited liability company By: LNR CPI A&D Holdings, LLC a Delaware limited liability company, its member By: LNR Commercial Property Investment Fund Limited Partnership a Delaware limited partnership, its member By: LNR CPI Fund GP, LLC a Delaware limited liability company, its general partner By: Its: C:\DOCUME~l\Ltrev\LOCALS~l\Temp\XPgrpwise\LNR CPI Bressi Retail, LLC - Bressi Retail.signature sheet.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c State of California County of _^ L . Date personally appeared before me, __ K. . L&TVL. . Name and Title o"f Officer (e.g., "Jane Doe, Ndtary Public") Name(s) of Signer(s) L. GAUTHUER Commission #1722843 Notary Public - California | Orange County I MV Cornm. Bc*w Jan3Q.20VL_i ^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the personate) whose name^) is/afe subscribed to the within instrument and acknowledged to me that he/she/tfcey executed the same in his/ber/toeir authorized capacity (has,), and that by his/hef/their signature^) on the instrument the person(!s), or the entity upon behalf of which the person^) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 V609 Reorder: Call Toll-Free 1 -800-876-6827