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HomeMy WebLinkAboutSDP 2022-0003; H.G. Fenton Property Company; 2023-0157228; Notice of RestrictionDOC# 2023-0157228 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) Jun 15, 2023 11 :24 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $23.00 (SB2 Atkins: $0 00) City Clerk PAGES: 4 CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Numbers: 214-160-25-00, 214-160-28-00, 214-171-11-00 Project Numbers: SDP2022-0003/CDP2022-0023 (DEV2022-0048) Project Name: ___________ __:_F...:..P....:C:....:..:R-=-es::.:.id-=-e::.:.n:.::..ti:.::;a.;._I 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: PARCEL 1: Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County recorder of San Diego County, January 14, 1976. PARCEL 2: That parcel of land, situated within a portion of the South half of Southwest quarter of Section 28 and within a portion of the South two-thirds of Lot 4 Southeast quarter of Southeast quarter-of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof, in the County of San Diego, State of California, and more particularly described as a whole as follows: Beginning at the corner common to Sections 28, 29, 32, and 33, in said Township and Range, thence along the Southerly line of said Section 28 North 89°59'20" East 250 feet, more or less, to the Southwesterly corner of that strip of land 200 feet wide, described in Deed to the Atchison Topeka and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No. 34729, in Book 2059, Page(s) 466 of Official Records; thence along the Southwesterly line of said 200 foot strip of land North 21 °08'18" West 856.60 feet, more or less, to the Northeasterly boundary of the 200 foot right of way of the Atchison Topeka and Santa Fe Railway Company formerly California Southern Railroad Company, as said right of way was granted by Act of Congress and as shown on original right of way map thereof approved by the Department of the Interior, United States of Rev. 07/2022 Assessor's Parcel Numbers: 214-160-25-00, 214-160-28-00, 214-171-1 1-00 Project Numbers: SDP2022-0003/CDP2022-0023 (DEV2022-0048) Project Name: FPC Residential America, on May 12, 1881; thence along said railway boundary South 4°40'18" East to the Southerly line of said Section 29; thence along said Southerly section line South 89°49' East to the point of beginning. PARCEL 3: All that portion of the South two-thirds of Lot 4 (Southeast quarter of the Southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego. State of California, according to the United State Government Survey approved October 25, 1875, described as follows: Beginning at the intersection of the South line of said Section 29, with the Westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company's (formerly the California Railway Company) right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line North 89°49' West 209.69 feet from the Southeast corner of said Section 29; thence along the Westerly line of said abandoned railroad right of way, North 4°40'18" West to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official Records; thence retracing South 4°40'18" East a distance of 600.00 feet to the true point of beginning: thence continuing South 4°40'18" East 159.19 feet; thence South 15° 17' East, 188.48 feet to the North line of the South 40.00 feet of said Lot 4; thence along said North line South 89°49' East 162.60 feet to the Easterly line of said abandoned right of way ; thence along said Easterly line North 4°40'18" West 343.26 feet to a point bearing South 89°40'18" East 200.00 feet from the true point of beginning; thence North 89°40'18" West 200.00 feet to the true point of beginning. is restricted by a Site Development Plan No. SDP2022-0003 and Coastal Development Permit No. CDP2022-0023 approved by the City of Carlsbad on May 3, 2023. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. 2 Rev. 01/2013 OWNER: Assessor's Parcel Numbers: 214-160-25-00, 214-1 60-28-00, 214-1 71-11-00 Project Numbers: SOP2022-0003/COP2022-0023 (OEV2022-0048) Project Name: FPC Residential APPROVED AS TO FORM: H.EJ r-enm Pr:9f>tr~ ~ CITY oF CARLSBAD Owner's Name ~ ~ ERIC LARDY City Planner 5/1;1[~, Date City Attorney µ, chJ\~ <Mtb, \J,<;.L '?~s,c\eri- Print name and title By: Date Assistant City Attor cl:;/ 7c"J (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). 3 Rev. 01/2013 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 Sa,~ t)\~\J ) , On ~ as, ~3 before me. fx 10 ]).J.X~ N~~ fu_b \IL- 0are , ~ Here Ins~ e and Tiff '%fb:'' personally appeared µ \ J Nto..A + \-:\ \ che. l ~ J Bot\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) --is,tare subscribed to the within instrument and acknowledged to me that -Re/31'!e/they executed the same in I ,isfl ,e,ltheir authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ·········1 ERIN OUXILil!Y '·~ Not•ry Public · C•lifor~1• z : Sin Oi~o Ctynty ! i Commission 11 2351••' My Comm. Ex11ir~s ~r 11. 2125 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------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 D~~nt _ ~ Title or Type of Document: -'-~~l.l....\.i....µ,.(..,,.,IL...........iffi._a....,...._~.c,o,;,,...,_):\y..1....L-\u.(J\..c.L..1' =<.CC\~....JQ..,__,OL.....L_~~o.J~1-1-~~~~~~~o!\--- Document Date: ___________________ Number of Pag~=9 Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) C aicn d by Si s· ner's Name: orporate Officer -Title(s): ......... °""-""""----- artner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ s· ner's Name: \.-:\\ch.}w-., ~cfu orporate Officer -Title(s): :s/f?. artner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ ~~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907