HomeMy WebLinkAboutGPA 97-02; American Stores Properties Inc; 2000-0084371; Notice of RestrictionDOC ? 2000-0084371
FEE 189 2000 8~00 FIM
WHEN RECORDED MAIL TO:
City Clerk 1
CITY OF CARLSBAD
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989
/40 Yosr-Jd Space above this line for Recorder's use
Assessor's Parcel Number 21 6-1 24-01 -00
2 1 6- 1 24-02-00
21 6-1 24-1 8-00
Project Number and Name GPA 97-02/ ZC 97-021 CT 97-
091 PUD 97-13/ SDP 97-07/
SUP 97-021 SUP 97-03/ CUP
97-03 - La Costa Lucky Sav-
On Shopping 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:
Those portions of Lots 9, 14, and 15 in Section 35, Township
12 South, Range 4 West, San Bernardino Meridian, in the City
of Carlsbad, County of San Diego, State of California, according
to Official Plat thereof as more particularly set forth in the
attached exhibit "1 ".
is restricted by a General Plan Amendment, Zone Change, Carlsbad Tract Map,
Non-Residential Planned Unit Development Permit, Site Development Plan,
Conditional Use Permit, Special Use Permit, and Special Use Permit (floodplain) and
Special Use Permit (El Camino Real Scenic Corridor) No(s). GPA 97-02, ZC 97-02,
CV 97-09, PUD 97-13, SDP 97-07, SUP 97-02, SUP 97-03, CUP 97-03 issued by
the City of Carlsbad on August 4, 1998. A copy is on file at the City of Carlsbad
Rev. 06/04/96
4+
A ,I ..
I -1847
Planning Department. The obligations and restrictions imposed are binding on all
present or future interest holders or estate holders of the property.
OWNER:
AMERICAN STORES PROPERTIES, INC.,
a Delaware Corporation
Owner's Name
Print name and title
Signature
Print name and title
Date
CITY OF CARLSBAD
MICHAEL J. HTLZMIMER,
Planning Director
Date
z/ +/OD
ATTEST:
APPROVED AS TO FORM:
RONAh R. BALL, City Attorney
By: 1 \- - 33-
-! City Attorney +7
(Proper notarial acknowledgment of execution by Contractur 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 oHcer(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. 06/04/96
STATE OF C-BttfeftrcdIA \=
COUNTY OF- &Z>#
wm Prrssideient v Notary Public, personally appeared -n I
/ v
Grsonally known to me - or proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that helshelthey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s1 on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Rev. 06/04/96
-
GOVERNMENT COdE 27361 -7 - -
I CERTIFY UbIDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
,-
Name of the Notary: f(dede T ~,lfc5
Commission Number: ' ' /& Date Commission Expires:
County Where Bond is Filed: _. .
Manufacturer or Vendor Number:
(Located on both sides of the notary seal bo:der)
Signature:
Firm Name (if applicable)
Place of Execution: Date:
EXHIBIT "1"
PARCEL 1:
THOSE PORTIONS OF LOTS 9, 14 AND 15 IN SECTION 35, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARPINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINCJ TO OFFXCIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST COWER OF SAID LOT 9 AS SHOWN ON MAP
NO. 8379 ON PILE IN THE OFFICB OF THE COUNTY RECORD= OF S&N DIEGO
COUNTYi THENCE ALONG lW3 NORTHERLY LINE OF SAID LOT 9 NORTH
89O 07' 13Il WEST 439, SO FEET TO A POINT ON THE NORTHERLY PROLONGATION
OF THE WESTERLY LINE OF THA'S: CERTAIN PARCEL OF LAND GRANTED TO LEUWIA COUNTY WATER DISTRICT BY DEED RECORDED AUGUST 11, 3961 AS
FILE NO. 138155 OF OFFICIAL RECORDS, SAID POINT BEING TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY PROLONGATION AND !WE WESTERLY AND SOUTHEF&Y LINES OF SAID WATER DISTRICT PARCEL THE FOLLOWING COURSESt SOUTH Oo33'46lt WEaT (SOUTH 0°09'10'' EAST PER RECORD) 571.28 FEET, SOUTH 89O53'59" EAST 439.43 FEET (NORTH
89°50'508' EAST, 440 FEET PER RECORD) TO A POINT ON THE EAST LINE OF SAID LOT 9; THENCE ALONG SAID 8AST LINE SOUTH OO34'16" WEST 16.32 PEST TO A POINT ON THB ARC OF A NON-TWGEN'T 458.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH
51O56'36'' BAST, SAID POINT ALSO BEING A POINT ON THE NORTHERLY SIDELINE OF LA COSTA AVENUE AS SHOWN ON SAID MAP NO. 83791 THENCE ALONG SAID NORTHERLY SIDELINE THE FOLLOWING COURSES: SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CESTRAL MULE OF 46O43'51" A DISTANCE OF 373.55 FEET, SOUTH 84°47'15" WEST 335.99 FEET TO THE WTERLY LINE OF THAT CERTAIN PARCEL OF lrAND DESCRIBED IN A LEASE TO ATLANTIC RICHFIELD COMPANY RECORDED MAY 26, 1966 AS FILE NO.
87636 OF ,OFFICIAL RECORDS; THENCE ALONG SAID LEASE BOUNDARY THE FOLLOWING COURSES: NORTH 5O12'37" WEST (NORTH 5O14'14" WEST PER RECORD) 8.99 FEET, NORTH 15O39'26" WE8T (NORTH 15°31'031' WEST PER
OF LAND DESCRIBED IN A QUITCLAIM DEED TO RANCHO LA COSTA,
RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID QUITCLAIM DEED SOUTH 84O47'23I' WEST 149.83 FEET (SOUTH 84°45'46" WEST 150.28 FEET PER RECORD) TO A POINT ON THE ARC OF A NON-TANGENT 2937.00 FOOT
RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH
76°1.0'5088 WEST (SOUTH 76O09'10" WEST PER RECORD); THENCE LEAVING
SAID CURVE RADIAL SOUTH 76°10'S0n WEST 1.37 FEET TO THE EASTERLY
TANGENT 3337.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO
.
RECORD) 141.87 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL
INCORPORATED, RECORDED APRIL 17, 1967 AS FI~ NO. s2ai6 OF OFFICIAL
BIDBLINE OF EL CAMINO ROAD, SAID POINT BEING ON THE ARC OF A NON-
SAID POINT BEARS SOUTH 76O47'10'' SIDELINE THE FOLLOWING COURSES :
WEST; THENCE ALONG SAID EASTERLY NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CmTRAL ANGLE OF 4O27'04" A DISTANCE OF 259.24 FEET, NORTH 8°45'46u WEST 434.03 FEET; THENCE LEAVING SAID EASTERLY
SIDELINE NORTH 81°14'14qa EAST 212.85 FEET TO THE BEQINNINQ OF A
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A C- ANGLE OF
15O25'46" A DISTANCE OF 109.06 =ET; T"CE SOUTH 83°20'00tt EAST
WESTERLY LINE OF SAID WATER DISTRICT PARCEL; THENCE ALONG SAID NORTHERLY PROLONGATION SOUTR 0 O33 '46" WEST 32 b 69 FEET TO TRUE POINT
TANQENT 405.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
203.68 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE
OF BEGINNING,
PARCEL 2:
THAT PORTION OF LOT 9 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, .IN THE CITY OF CARLSW, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9, (THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
35)~ TIBNCE ALONG THE NORTH LINE OF LOTS 9 AND 15, NORTH 89O05'42" WEST 1025.86 FEET TO THE CENTER LINE OF EL. CAMIN0 REAL; THENCE
ALONG SAID CENTER LINE SOUTH 8owa311 EAST 430.76 FEET TO THE BEGINNING OF A TANGEN!l! 3000 FOOT RADIUS CURVE, CONCAVE EASTESLY; THENCE SOUTHERLY ALONG SAID CURVS 449.02 WET TXROUON AN ANGLE OF
8034'3~1 TO THE TRUE POINT OF BEGINNIN~I THENCE RETRACING NORTHERLY'
ALONG SAID CURVE 193.50 FEET THROUGH AN ANQLE OF 3°41'44N; THENCE RADIALLY TO SAID CURVE NORTH 76O19'49'I $AST 63 FEET; THENCE NORTH 04@45'46" EAST 150 FEET; THENCE SOUTH 15*31'03" EAST.151.02 FBETJ
THENCE SOUTH 5014'24" GAST 51 FEET TO A LINE BEARING NORTH
84O45'46'' EAST FROM THE TRUE -POINT OF BEGINNING; THENCE SOUTH
84O45'46" WEST 204.74 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SATD LAND COHTAINED IN THE
QUITCLAIM DEED FROM TWE ATLANTIC RICHFIELD COMPW TO RANCHO LA COSTA, INC. RECORDED APRIL 17, 1967 AS FILE NO. 52816 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DEEDED TO THE corny OF SAN
DIEGO FOR ROAD PURPOSES DESCRIBED IN PARCEL 67084-A OF DEED RECORDEb DECEMBER 3, 1969 AS FILE NO. 220242 OF OFFICIALI REC3RPS.
. , .*
PARCEL 3: 1852
AL THAT PORTION OF SECTION 35, TOWNSHIP 12 SOW, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COmTY OF SAN DIEQO, STATE OF CALIFORNIA, MORE PARTI-Y DESCRIBEb As FOLLOW:
BEQINNING AT THE NORTHEAST CORNER OF PARCm 1 OF DOCUMENT RECORDED FEBRUARY 27, 1989 AS FILE NO. 89-099078 OF OFFICIAZl RECORDS, XN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUN'IY OF SAN DIEGO; THENCE NORTH F)Oo33'42" EAST, 35.12 FEET ALONG THE NORTHERLY PROLONGATION
OF TWE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND GFWITED TO LEUCADIA COUNTY WATER DISTRICT DEE!D RRCORDED AWGUST 11, 1961 As FILE NO. 138155 OF OFFICIAL RECORDS; THENCE LEAVING SAID NORTHERLY PROLONGATION SOUTH 89026'18" EAST, 75.03 FEET; THENCE SOUTW
24e01'11w EAST, 153.95 FEET TO THE NORTHERLY LINE OF SAID LEUCADIA COUNTY WATER DISTRICT LAND; THENCE NORTH 89O26'18" WEST ALONG SAID NORTHERLY LINE 139.07 FEET TO THE NORTHHEST CORNER OF SAID LEUCADIA
COUNTY WATER DISTRICT LAND; THEN NORTH OOo33'41" BAST ALONG THE
NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LEUCADIA COUNTY WATER DSSTRICT LAND,
NOTE: A CERTIFICATE OF COMPbXANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JANUARY 20, 1998 AS FILE NO. 1998-00650318 OF
104.88 FEET TO THE POINT OF BEGINNING.
OFFICIAL RECORDS.
PARCEL 4:
ALL THAT PORTION OF LOT 9 IN SECTION 35, TbWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNART)XNO MERIDIAN, IN THE CITY OF WSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNSTED STATES GOVERNMENT SURWY APPROVED OCTOBER 23, 1875, DESCRIBm IN DEED TO
138155 OFOFFICIALRECORDS, MORE PARTICULARLY DESCRIBEDAS FOLLOWS;
LEUCADIA COUNTY WATER DISTRICT RECORDED AUGUST 11, 1961 As FILE NO.
BEGINNING AT THE NORTHWEST CORNER OF SAID LEUCAPIA COUNTY WATER DISTRICT LAND; THENCE: ALONG THE NORTHERLY LINB OF SAID LmrCADZA
COUNTY WATER DISTRICT LAND, SOUTH 8S026'18'' EAST, 139.07 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 24*01'11" mT, 184.83 FEET; THENCE SOUTH 65OS8'49" WEST, 237.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID LEUCADIA COUNTY WATER DISTRICT LAND; THENCE NORTH OOO33'42" EAST, a0NG SAID WESTERLY LINE, 266.87 FEET TO THE - POINT Q F BEGINNI NG . a
,,
PARCEL 5: -2853
AN APPURmNANT EASEMENT FOR ACCESS AND UTILITIES AS GRANTED AND DESCRIBED IN THAT ACCESS AND UTILITY EASEMENT AGREEMENT BY AND BETWEEN LEUCADIA COUWX WATER DISTRICT, A POLITICAL SUBDIVISION AND
AMERICAN STORES PROPERTIES, INC.# A DELAWARE CORPORATION, UPON THE
TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JANUARY 14, 1999 AS FXLE NO. 1999-0032480 OF OFFICIATJ RECORDS