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HomeMy WebLinkAbout; Presidio Cornerstone QC LLC; 2018-0085268; Covenant. RECORDING REQUESTED BY: FIRST AMERICAN TITLE-HSD RECORDING REQUESTED BY AND ) WHEN RECORDED MAJL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) ) DOC# 2018-0085268 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Mar 05, 2018 11 :55 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $1116.00 (SB2 Atkins: $75.00) PAGES: 10 Space above this line for Recorder's use Assessor's Parcel Number 167-101-19 ' DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this 27th day of February 2018, by Presidio Cornerstone QC, LLC, a Delaware limited liability company (hereinafter "Declarant"). RECITALS A. Declarant is the owner of that certain real property in the City of Carlsbad, County of San Diego, State of California, commonly referred to as Calavera llills Village H (the "Property"). B. Pursuant to a settlement agreement entered into by and among Declarant, the City of Carlsbad ("City") and Preserve Calavera, Declarant has agreed to restrict the use of a portion of the Property, as legally described in attached Exhibit "A" and depicted on attached Exhibit "B" (the "Restricted Property"), which consists of approximately 3.82 acres. C. The Restricted Property ,is intended to be preserved as open space. I COVENANTS, TERMS~ CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant's heirs, successors in interest, administrators, assigns, lessees, or other 6ccupiers and users of the Restricted Property or any portion of it. 1. Purpose. The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity as open space. This document is being recorded by fdirs,! . Ti I C mpany as an accomo a ,on American it e O • ed as to execution only. It has not been examm . or impact on title. Assessor's Parcel Number· 167-101-19 2. Allowable Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 3 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are the only uses expressly allowed: (a) Those uses that are consistent with the Open Space (OS) General Plan Land Use designation; and, (b) Those uses that are consistent with the intent and purpose, as well as all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad. 3. Declarant's Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including but not limited to the following uses: (a) Access, Reasonable access through the Restricted Property to adjacent land over existing roads and over any existing or future-approved trails, or to perform any other activities not prohibited by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat · Enhancement Activities. Enhancement of native plant commumt1es. Habitat enhancement activities shall be performed in compliance with all applicable laws and regulations. 4. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. If ownership of the property is transferred to the City of Carlsbad, the City of Carlsbad as owner of the property may allow for a general right of access to the public or a general right of access to the Restricted Property in a manner consistent with Section 2, Allowable Uses, of this Restrictive Covenant. 5. Enforcement. Declarant, its successors and assigns, grants, to Preserve Calavera a discretionary right to enforce this Restrictive Covenant in a judicial or administrative action against any party violating or attempting to violate it; provided, however, that no violation shall result in a forfeiture or reversion of title. 2 Assessor's Parcel Number !67-101-19 6. Amendment. Declani.nt may amend this Restrictive Covenant only after written concurrence by Preserve Calavera (such concurrence shall not be unreasonably withheld). Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by Preserve Calavera in the official records of San Diego County, California, and shall provide a copy of the recorded document to City and Preserve Calavera. 7. Recordation. • Declarant, its successor or assign shall promptly record this instrument in the official records of Sari Diego County, California, and provide a copy of the recorded document to City and Preserve Calavera. 8. Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Any subsequent transferee shall be deemed to have accepted the restrictions contained herein. The failure ofDeclarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant · or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (ii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 13, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 9. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant, 3 Assessor's Parcel Number 167-101-19 10. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 11. No Forfeiture. '- Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 12. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall contiriue as a servitude running in perpetuity with the Restricted Property. 13. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. - 14. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. · IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written. "Declarant" Presidio Cornerstone QC, LLC a Delaware limited liability company By: Cornerstone Communities LLC, a California limited liability company, its Operating Manager By \:Yz , Name: Ure R. Kretowicz Title: Manager 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 5lkl D t ~ o ) On&,bru°t:J a:t~. eo,cz beforer'ne, Co.eol,'..,L lo..r.son, Nota.r<f fu.bJ,c.. Date . Here Insert Name and Title of the Officer personally appeared ________ _,_U"--'-r-:~~~---'-'R"--'-. _,k-"'--'--r_,,,fl.:...Jfi""o,<.J\...,,..,_,-'--j'~c..-'Z..=. _________ _ Name(s) of Signer(s) ) who 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 cprrect. CAROLINE LARSON Notary Public -C allfornia WITNESS my hand i ·• San Diego County I z · Commission# 2177620 ~ · J . ·· Ml Comm. Expires Dec 30, 2020 ( 0 04 0 CC COO U O O COO O CO \_ Signature of Notary Public , Place Notary Sea/ Above -----------------OPTIONAL----------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ,.,l)e5', ... c""lac""'"-,'_ a..~Hi..' 01£...!,.,,....:,__...,0q,,~=---..... R...,e=.s.,,_}rLLJ.j_,.,c.,....._+i ..... ' ...lt\J_.,f _ __,C.O""""'t...lV....,.11:;...ilf"""'\!.......!..!Q."""-n.!.Jt....:S=----- Document Date:r _. -----------------~ Num9er of Pages: _____ _ Signer(s) Other Than Named A\bove: --,----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name:----~-------Signer's Name: ____________ _ D Corporate Officer -Title(s): _____ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -'D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D. Guardian or Conservator D Trustee D Guardian or Conservator D Other: -----~---------D Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Assessor's Parcel Number I 67-101-19 EXHIBIT A 6 EXHIBIT 'A' LEGAL DESCRIPTION A PORTION OF THAT PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THOMPSON CORP., A NEVADA CORPORATION, RECORDED APRIL 1, 2009 AS FILE NO. 2009"'0163220 OF OFFICIAL RECORDS. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP., SAID POINT BEING THE SOUTHWEST CORNER OF VICTORIA AVENUE AS DESCRIBED IN GRANT DEED RECORDED FEBRUARY 13, 1984AS FILE NO. 84-053117 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID VICTORIA AVENUE NORTH 41°02'44" EAST, RECORD 41°03'50" EAST, 27.41 FEET TO THE BEGINNING OF A TANGENT 530 FOOT RADIUS CURVE, CANCAVE TO THE NORTHWEST; THENCE CONTINUING NORTHEASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°03'25", 93.03 FEET TO THE BEGINNING OF A 25 FOOT RADIUS REVERSING CURVE; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83°44'53", 36.54 FEET TO THE BEGINNING OF A 742 FOOT RADIUS REVERSING CURVE, SAID CURVE BEING THE SOUTHERLY LINE OF ELM A VENUE AS DESCRIBED IN SAID DEED 84- 053117; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°22'56", 354.61 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00°55'39" EAST, 277.72 FEET; THENCE SOUTH 38°21'02" WEST, 214.38 FEET; THENCE NORTH 69°03'13" WEST, 176.13 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP.; THENCE ALONG SAID WESTERLY LINE NORTH 24°23'54" WEST, RECORD NORTH 24°22'59", WEST 69.74 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 82°56'10" WEST, RECORD SOUTH 82°57'05" WEST, 24.19 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 24°23'54" WEST, 159.02 FEET; THENCE NORTH 26°24'55" WEST, 26.36 FEET; THENCE NORTH 33°27'56" WEST, 26.18 FEET; THENCE NORTH 46°40'27" WEST, 70.30 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP., THENCE ALONG SAID WESTERLY LINE NORTH 41 °02' 44" EAST, RECORD NORTH 41 °03'39" EAST, 60.25 FEET TO THE POINT OF BEGINNING. AREA= 3.82 ACRES Friday, February 02, 2018 G:\141006\Plats\RestrictedProperty\9820P-LEGL-VillageH-Restrict.docx Page 1 of 1 Assessor's Parcel Number 167-101-19 EXHIBITB 7 u C U) ~ C o' 600' ----SCALE: 1 " = 600' \ \ ~ \ \ ~ VICTORIA ---t;?, Al,£ \ SITE '\, VICINITY MAP NOT TO SCALE .31--------------. :::, (f) C 0 u 0 Cl o 271 0 Lo~er Avenue West. Suite 1 00 \ \ LEGAL DESCRIPTION A PORTION OF THAT PROPERTY GRANTED TO THOMPSON CORP., A Ntv.4DA CORPORATION, AS DESCRIBED IN DOCUMENT No. 2009-0163220, RECORDED APRIL 1, 2009. EXCEPTIONS DJ EASEMENT PROPERTY DESCRIBED IN DOC. 85-302781, REC. AUG. 21. 1985 IIJ SEE SHEET 2 LEGEND - - --BOUNDARY -~-EXIST/NC RIGHT..:..OF-WAY l'--rnRESTRICTEO , / l PROPERTY, --../ 1\ SEE SHEET 2 \ / FOR DETAILS , ... I I I EXHIBIT 'B' SHEET 1 OF 2 SHEETS a:i Carlsbad, California 92010 A)ATDfr>'I( N. o'rJAy o 760-931-7700 n1n11,,,, vn N ODayConsultants.com R.C.£ 27214 EXP. 3/31/19 @...._ __________ .,L_ ______ __;___;_ ___ --1 __________ -1 \ /J=BJW-'53" "~~".\\ _.A ~ R 25.00' '\~s!-~~t__ill SUBDIVISION~ \ ~ L-36.54' ~ifj,,[lS\o BOUNDARY \ ~I ,.,, i\'\'l! ,~1 ,.,-RIGHT-OF-WAY ~I _ ~ ~,1~---r t.-..:¢,1t, ---._fB,,10 · . , ,, . · --i4LL,4 ,.r--n I b!OV3'2q -,-· · -.. ~~ JR/VE (ELM R-SJaoo -----l I AVENUE) o' -- L-93.03' L1==27'22'56,, .. -.. - . . ' N4!V2'4~"E ,l7.4!' R-14200' · \ (N4!V3'50 'E) l-354.61' -I N4/V2'44"E 60.25' . ' {N4!V3'39"E} \ '\ '---N46"40'27"W 10.30' , S00'55'39'r \ \ N33"27'56•W 277. 72 , , ~~ \ ----N26"24'55"W 26.36' ~·-~[I] RESTRICTED - PROPERTY AREA = 3.82 AC. I ' \ N24"23'54"W 159.02' SUBOIVISION __....., · BOUNDARY '\_ ~-.JI.. -""'- S82'56'/0"W 24-. 19' {S82'57'o5"Wj N24'2.J's4"W 69. 74' {N24"22'59"Wj LEGEND - - --BOUNDARY . --\ \ \ N69V3'!3"W 176.13' --- ---EXISTING RIGHT-OF-WAY , -· · - · · -[I] RESTRICTED PROPERTY 1 oo' . ( ) RECORD DAT,4 PER DOC. 84-05:J.117 / / / / /. \ S38"21 'o2•w 214.38' --[ j RECORD DAT,4 PER DOC. 2009-0163220 g SCALE: 1 " = 1 oo· en _, C .31--------------, EXHIBIT 'B' \ \ f _c_f?_N/-~-u-~-T-~:~?-r-s-SHEET 2 OF 2 SHEETS o a. 2710 Loker Avenue West. Suite 100 ro Carlsbod, Californio 92010 o 760-931-7700 PA"!RICK N. OVAY ' c-i 0DayConsultants.com R.C.£ · 27214-EXP. 3/31/19 ©1...-_________ _._ ___________ ...,__ _________ ___,