HomeMy WebLinkAboutMS 634; Shultz, Earl & Karen; 85-111768; Notice of Restriction-.
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Recording requested by and when recorded return to:
City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Telephone: (619) 438-5535
DECLARATION
85-.cr 27’68
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fSt35 APR -2 Ai4 it: 47
NO FEE
OF RESTRICTION
This DECLARATION OF RESTRICTION is made this 20th day of
March I 1985 byEARL H. HULTZ and referred to as "Declarant(s) ". 8 o-trustees~tL&?F3&e
WHEREAS, Declarant(s) is(are) the owner(s) of the real property in the City of Carlsbad, a true and correct legal description of which is attached hereto as Exhibit "A" and incorporated hereat by reference; and inparticular with r ardto known as 3085 Ocean Ave., &+&&d, cal@garnia; St l Of said Property, '-y
WHEREAS, Declarant(s) desires(desire) to develop said above- described property and/or sell same; and
WHEREAS, the City of Carlsbad cg.fpg@&~~ g&sg@~~~,o~p~~ Of Unit 1, canmmly known-as 3085 Ocean St./t a be established to the satisfaction of its Planning Director;
NOW, THEREFORE, Declara"t~~~~~~~~~~~a~t~~~~~a~~t l Of said above-described property/. a fifth on-site parking space is established to the satisfaction of the Planning Director of the City of Carlsbad.
This restriction is recorded at the request of, and is to be solely enforceable by, the City of Carlsbad, California, and is to be removed upon recordation of a release from a duly authorized represen- tative thereof.
IN WITNESS WHEREOF, Declarant(s) has(have) executed this DECLARATION OF RESTRICTION on the date first above written.
Ek%H. SHULTZ
em 12. S&..
IXAEJEN L. SHUETZ
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STATE OF CALIFORNIA )
1 ss COUNTY OF SAN DIEGO )
On th a Notary 1 appeared EARL H. ; to me or 1 be the pel instrument and acknowledged
is &day of March, 1985, before me, the unders' ' Lgnea, I -l PubE in and for said County and State, personally
SHULTZ and KAREN L. SHULTZ, personally kr---- 1OWIl 7roved to me on the basis of satisfactory evidence tc rsons whose names are subscribed to the T*T++h+n
that they executed the same.
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n- -F =---y Nota* Public in and for said County and State.
11 . 4 +. ._ # A4o7 ” . ~ *.. \ . : I . THE SOUTHEASTERLY ,d FEET OF THE REAL PROPERTY SL'I'UATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CAL~FOP.tlIA
DESSCRIRED AS FOJaLCZ,%:
THAT PORTION OF-THE T0,JN OF CARLSBAD, IN THE COUNn OF SAN DTECB, ' STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 365, FILED
IN THE OFFICE OF THE COUi'iTY RECORDER OF SAN DIEGO COUNTY
FEBRUAJtY 2, 1887 AND THAT PORTION OF OCEAN STREET AS SH(rrlN ON SAID MAP, AS CLOSED TO PUBLIC USE, DESCRIBED AS FOLLEIS:
BECINN’INC AT A POINT AT THE SOUTWESTERLY LINE OF STATE HICR',]AY,
DIVISION VII, ROUTE 2, SECIOTN “B”, SHEET 18, APPROVED OCTOBER 17, 1912, AS PER,HAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR
OF SAN DIEGO COUNTY, DISTANT THEREALONG SOUTH 30”56’20” EAST
300.60 FEET FRQ-I A POINT IN.‘THE SOUTHWESTERLY PROLONGATION OF THE
NORTHt$ESTERLY LINE OF BLOCK 14 OF SAID Ta?M OF CARLSBAD, DISTg3T THEREON
SOUTH 55"27' WEST 45.09 FEET FRcI-cr THE NDRTWESTERLY XR??ER OF SAID BLOCK 14; THENCE ALONG SAID SOUTHl?ESTERLY LINE OF STATE HIGHIIJAY S(JJJTH
30"56'20" EAST 100.20 FEET TO AN INTERSECTION WITH THE SOU-fkEST'ERLY
PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID BLOCK 14; THENCE SOUTH 55O27' WEST TO THE MEAN HIGH TIDE LINE OF TItE PACIFIC OCEP!; THENCE NORTHERLY ALONG SAID HEIAN HIGH TIDE LINE TO A LINE WHICH BEARS
SOUTH 55O27’ WEST FRO?f THE POINT OF BEGINNING; THENCE NORTH 55O27’
EAST TO THE POINT OF BEGINNING,
EXCEPTING ‘THEREFR041 THAT PORTION, IF ANY, LYIMG BETWEEN THE
WESTERLY LINE OF STATE. HIGHWAY, DIVISION VII, ROUTE 2, SECTION "B", SHEET 18, APPROVED OCTOBER 17, 1912 AND THE WESTERLY LINE OF
OCEAN STREET AS SHOWN ON SAID MAP NO. 365.
ALSO: EXCEPTING FROTYI
THEREOF HERETOFORE LYING
OF THE PACIFIC OCEAN,
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SAID ABOVE DESCRIBED PROPERTY ANY PORTION
BELOt,? SAID ORDINARY HIGH TIDE OF THE WATERS
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T??E NORTHHESTERLY 20 FEET bF:THAT PORTION OF CARLSBAD, IN THE COUNTY ‘OF SAN DIECO, STATE OF CALIFORNIA, ACCORDING TO'MAP THEREOF
365, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY
FEBRUARY 2, 1887, BOUNDED ON THE NORTHWEST BY THE SOUTHQESTERLY
EXTENSION OF THE SOUTHEASTERLY LINE OF BLOCK 14 OF SAID CAPLSBAD;
ON THE SOUTHEAST BY THE SOUTHWESETERLY EXTENSION OF THE NORTHWESTERLY -
LINE 6F BLOCK 19 OF SAID CARLSBAD ON THE SOUTHIJEST BY THE LINE
OF ORDINARY HIGH TIDE OF THE WATERS OF THE PACIFIC OCEAN; ON THE
NORTHEAST BY THE SOUTW~ESTERLY LINE OF OCEAN STREET, SAID SOUTHWESTERLY LINE BEING DESCRIBED AS FOLLUiJS:
BEGiNNING AT A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE SOUTl?EASTERLY LINE OF BLOCK 14 OF CARLSBAD DISTANT THEREON SOUTH
55”27 ’ WEST 69 -56 FEET FROM THE bfOST SOUTHERLY CORNER OF ‘SAID BLOCK 14 BEING THE MOST ,EASTERLY CORNER OF THAT PORTION OF OCEAN STREET VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF BOARD OF SUPERVISDRS
OF SAN DLEGO COUNTY, A COPY OF tJHICH WAS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 14, 1948 AS FILE.NO. 4076
IN BOOS 2614, PAGE 255; THENCE ALONG THE SOUTHEASTERLY PROLONGATEOH
OF THE NORTHEASTERLY LINE OF SAID CLOSED PORTION OF OCEAN STREET SOUTH
30”56’20” EAST TO THE SOUTlI’rlESTERLY PROLONGATION OF THE CENTER *LINE OF OAK STREET AS SHWN ON SAiD MAP NO, 365.
EXCEPTING’ THEREFROM SAID ABOVE DESCRIBED PROPERTY ANY PORTION THEREOF
HERETOFORE LYING BELaq SAID ORDINARY HIGH TIDE OF THE WATERS OF THE
PACIFIC OCEAN
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