HomeMy WebLinkAboutCT 73-24; SEACLIFFS; Tentative Map (CT)Application for Grading Permit' I:,::
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
1200 Elm Avenue
438·5541
PE NO. 2~ 81 ~ 'I ..
~------------------------Vali'dation by Finance
-..., '" ,. 3~~g¥;rr~~7 =70' a'-l B~I
Building Permit Plan Check No. O~OI7'327 3/161 B i:· 570;aO n. -.
FOR APPLICANT TO FILL IN .. ~\
Site Address
S/O POinsettia.Ave., E/o Interstate 5 ~urety Compf!hY ovenant utua1 Bor1d No. Insurance Co. 0 2128
Legal Description Map No. . Surety Address Carlsbad Tract 73-24 7996 ~ 141 S. Lake Ave., Pasadena~ Ca. 91101
Subdivision Name Date Filed iJ4.aC{ CCfO Rec'd by Carlsbad Lake Community I 3-IO·-?j f R...W!.Y~ I t
Owner Phone Cash deposit Rec'd by Date filed Plaza Builders Inc. ( 213) 368-5611 $
Owner's Address I The following documents are required and shalJ become a part I 16800 Devonshire St., Granada Hi11s 9 Ca. 91344 of the grading permit when they are ?pproved.
Plans by Civil Engineer R.C.E. ~ Grading plans ~ Specifications Civil Engineers Inc. 14656 ,
Address Phone (714) X Soil report --Geologic. Report
505 L Fi rst St., Suite G,. Tustin, Ca. 832-4100 ~ Drainage structures --Other
Soil Engineer R.C.E. Phone ( 714) ~ Compaction report
Woodward-Clyde 21992 224-2911 -I I Grading Contractor Phone ·(714) SPECIAL CONDITIONS WHICH ARE MADE ,
I Templeton Gradinq & Excavatinq 744-0630 A PART OF THIS PERMIT
Address 1. Authorized hours of operation: 1650 Linda Vista Rd., San Marcos, Ca. 7:00 AM to Sunset, Monday -Friday.
Party responsible for overall supervision
-Edward A. Hamner (213) 368-5611 x 238 2. Haul routes are to be approved by City Engineer. Proposed use of grade site.
Condominiums ¥ --
3. Adequate provisions shall be made for erosion and siltation Number of cubic yards control.
Cut Fill Import Waste All slopes shall be planted per City Code.
224, 600cly • 224, 6oocl.y • I
4. . -'-----_.
Proposed Schedule of Start Finish 5. All fills to be compacted to at least 90% of optimum
Operations (dates) March 1981 May 1981 density unless noted otherwise.
I hereby acknowledge that I have read the application and state that
the information I have provided is correct and agree to comply with l all City ordinances and State laws regulating excavating and grading, .. .
Under City Code Sec. 11.06 170 this grading is: and the provisions and conditions of any permit issued pursuant to .REGULAR GRADING -City inspector will make inspections
this application. listed below.
Signature of Permittee
~ONTROLLED GRADING -Private grading engineer shaH
observe work, coordinate tests, make reports.
~/~~:)k~ INSPECTION DATE INSP. SIGNATURE Owner or authorized agent
Initial· site prep.
ENVIRONMENTAL CLEARANCE-
Date ~/\ UJI tf? , Rough· prior to drains
EIA Log No. fi;310B.COMP. BYe-~ .-~.---
"3/4/t;!::>t Final·· slopes planted
Grading permit fee $ i?70'££' Plan check fee $ __ Compaction reports rec'd.
:~rmit IS(Jt:U{f£~/ 3 -i b-/?I
Private engr. cert. rec'd.
Date Copies: White-Office; Green-Building;
Permit Expiration Date k 1.105. F€tJM ABJVE {YrT6 Yellow-Inspector; Pink-Permittee; Goldenrod-Finance
THIS FORM WHEN PROPERLY VALIDATED IS A PERMIT TO DO THE WORK DESCRIBED
THIS PERMIT IS VALID FOR A SIX (6) MONTH PERIOD
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EXECUTED AT .::.,Furil::;:l'Fert=-r=b::.:n~· ._______ California
- ( C1 ty) ---'----;(""'S'7"ta-;t-e-r'"} ---
DATE. _____ Ma~y~5~,·_1_9_73_· __ ·_·_ .. _·_·_· ___________ __
mINER AND/OR miNER I S AUTHORI ZED AGENT:
. jqi{ ing Address)
Fullerton~ california (City and State)
DAY OF mINI ------~ )
,1971.
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CITY OF CARLSBAD
ANO WHEN RECORDED MAIL. TO
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD CA 92008
MAtl TAX STATEMENTS TO
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PACESETTER HOMES, INC.
4540 Campus Drive
Newport Beach CA 92660
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SPACE ABOVE. THIS LINE FOR RECORDER'S USE ---
....
DOCUMENTARY TRANSFER TAX $ __ COMPUTED ON FULL VA-:-:LU-;;'-E-;:;o7F 7.pR:::::O;:-;:PE:;:-;RT;:;'Y-;:;C:;':ON""VE::7.y-:::m:-,-
__ OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
r.S,g=n~atu~re~o~f~D=ec~13r~an~t7.or~A~ge~nt~d~et~er~m"~n'~ng~·t~ax-.---r.m~
.T0402.1 CA (7.70) I . Quitclaim Deed I
THIS FORM FURNISHED BY 'I'ITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which. is hereby acknowledged,
CITY OF CARLSBAD
hereby RElVlISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to
PACESETTER HOMES, INC.
the following descrihed real property in the City of Carl sbad
state of California:
county of San Di ego
LOT 17 OF CARLSBAD TRACT NO. 73-24, ACCORDING TO A MAP THEREOF
NO. 7996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY
Dated ___ . _____ . ___ . ____ -------
STATE OF CALIFOnmA } .
____________ SS, COUNTY OF -----------------------------------
On _ hd,)!'!! me, tlit! uiu\f'r.
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ENGINEERING DEPARTMENT
SECURED AGREEMENT TRANSMITTAL
•
TO: CITY CLERK
FROM: ENGINEERING DEPARTMENT AUTHOR I Z ED BY {-' ---¥#£:::!:.~WSLt2~~~--
PROJECT 10 (J:773-Z1, ~G 2.?J/. 52
PROJECT NAME Se~ cit I!' V;l/tl!Je
The Engineering Department hereby authorizes
secured agreements: the following Action for the below referenced
U Security Reduction U Warranty Release
~ Project Completion Release
Eff. Secur. Secur. Curnt. Red.
Security Type Date Form ID NO. Amt. Amt.
(Ba 1 • )
It Faithful Performance Security* '3-/tJ,8/ &1It:! (J12 71Cf. 62'1~ IJtJtJ. 15'/000.00
U Labor and Materials Security**
III Monumentation Security cg-/9-81 EmtJ ~/27z! /3, ~()CJ. -0-
U Faithful Performance Security*
U Labor and Materials Security** tl!;rkd)
Lp Grading and Erosion Control Security 2r-2'f~'B/ Bowl 012128 301 tJtJo. -0-
U Other (list)
Name of Surety: Mail Copy of Release to: ,ekuf tu//cI~
Address:
{bf~ 1J/di:uJ MSMana &,"---{l1;h--F'" -,--,,-U(..::...:;...a_· _~---,-h1...:..;..~~' _' __ _
31 7eciHt:J~ff Or/vI! I ·stdh.. Z(fJO
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;z:'/,v//tL, fA, 92712
c: Yvtlhke -811~'
For project completion release -25% of Security to be retained for one year as
warranty security
For project completion release -100% of bond to be retained for 6 months followi~g
recordation of Notice of Completion
Prepared by: ~~
UPON APPROVAL PROVIDE COpy TO ENGINEERING WORD PROCESSOR
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I I"~ .... :.·.I()I-.' GOnGE nO/\D. ~UI1 C 220
: II~ (Ill GO. CALII'Of1NI A 9:> 120 -TE L.(7 \1\) :WO (;992 APpnOVE
~t)c No: F 0859
!):.l.tc: October 22, 1973
App1iccmt: Covington Brothers
Project Addl'C3S: Southeast corner of Poinsettia L3.ne and San Diego
Freeway in C::lr1sbacl
MALCOLM A. LOVE
Chnirman
WILLIAM A. CflI\V£:N
VieD ChJirm.ln
JEFFERY D. FflAUTSCIlY
nepft,:"scnt,\tivo to the
Cu1iforni.l CO~l~t."l1 =70IH~
ConsclVtltion Conlmio:.o;.ion
THOMAS A. Cnl\~JOALL
Exocutlvo Dirl'CIO(
RESOLU'.i.'IO~l A~:?:·:OVJ.?·] Di;;V~:LO~)j·~~;:'f'r P!~RJ.1IT BY 8.t\.N DIEGO COAST R:~~GJON!\L co(·n,rrSSION
HearinG d:ttcs of COlillliisslon:
10-5-73 .Considcrj 1\':; proposed dev.elopment _10-:5-73 _._ Approving development PCl'!.'J. t
Commission vot.e: FOR 11 AGAmST: 0 ADSTAnUHG: 0 -------------------
RESOLUTION
HrfEREAS the S:m Diego C02.st Regional Co:nmission at its duly noticed. and held public hearing
considered the Apl)lieD.tion for Do devclop!;}8nt permit on the hereinafter described proposed
development:
Applied for develoDT!'.cnt descd ntion:
-------. (Note: If cii1'i'ere;1t tinn "''l-;:Ol)c;sed development to be approvcdll )
Pr01)(:':'_~d dcvclC:]"t~C'l1t to be 1::p]!rovccl:_
1'1'Ojcct involves approx:i.matcly 0.97 acres \'rithin the IIPermit Area," of \"Jhich 0.46
acrcs \oJi1l remain in its natural sLate. The remaining 0.51 acres Hill be cleared,
including the r01ocGtion of a Vlater b.ne, fil1in~7 and 1and;;caping. l'Jo structures
\.,,111 be b-..:.i.lt on the 0.97 acres inyolvcd. This is only a small portion of a lan:;e
PI~Ojcctt lllost of \·Jhich is outside of the permit area.
"IIIEHEAS}:'
m:~;(lLVED th~!.t the Her,ional COllimi~s:i.on finds -Lhe propo;,cc1 clevclopr:lcmt Hill not have any ,sl.l.b---------::L:lllt..i.a.1. Itdv('rsc cllvjronmcntal (J}' ccoloL',l.c::.JJ. effect [(llel is consistent 1·:iti tbe findinc:.; and
d(·c.1.al'~l.t:i (·ns ;.ct forth in ::;e:cti 011 ?,'/OOl and CJbjc.~c.:t.i.onD .set forth :Ln Public Hc;.ourcc Code
~;ecU.oll ~~'(:) ~In<l is C:Ol1::;l.stcnt \.:.i t.h e~lch ]l)'()V i {;:i.on and l)ol:i cy of the California Coastal
t:Olll! Con:;('l'v:ttio!1 Aet of 19'1~? und sneh n.1Hl L!J0~' arc ba:,;cd OIl tho .follO\d.nG Gpccific filet:;:
HI-:~~0LVi·:j) FIIl\'l':n·:I{ that [l D<..!velopl:lc'nt Pdrn:i.l :i.c~uc on the· prppoccd developmcnt subJect 1.0 the
\li;l!:ITJ~~"(';\:·f::;rc-;O:) cxc:(!]Jt itJl1~; ~ :mcl lh C' .f01J.o;·,'illi~ rew.;on:t\):J e terH1~ (Llili c on (Ii t ion s :
Ilono
~ Note: l'Ot' npcc i~ll :; trd .. u Lor,V PI' (lV .t r.d.on:: Iln<l )1011c.i Cl~ )'C' lev lin t to the IWOPO[; ell cleve.1 Oplill '1\ t;
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• v .... ' 'CAt IF01lNIA -Cj\Llr:()f\~lIl\ CON~TI\L ZONf corJ'~r.I\VI\TION CO~.IMI~;SION RONALD nEI\GAN. Govornor ":' :;=."===~.:::.:~==.:::..:.:=:;;_.:..=::_c.-.:;=::.:.:.:::::"-":':-'::=-=--=":--":' ____ --_. =::::-========= -==-==.:::::...-.--==.=.:::..........--=
D!( GO CO(\ST r~[Clor UIL cm,;,";iSS!ON
.<1 I.II!;"ION COHGE I\OI\D. SUITe 220
NOli. GO. CALrr-OflNII\ V2120-IEL.(714) 200·G'.J92
:ontroJ. 1'io:
):Lte:
\pplicarrt:
Pl.'oject Address
D F. V E I, 0 F ;·1 E H T
F 0859
October 22, 1973
CovinGton Brothers
21.51 E. Or3l1gethorpc l\.ve.
Fullcrton1 CA. 920)1
-----------------------
'Agent:
Southco.st corner of Poin$cttio. Lane and the San Diego
Free\-lay in the City of C3.l'l~)b3.d.
MALCOLM 1\. LOVE
Chllirman
WILLIAM A. Cfll\VEN
Vic ... Ch~irm"n
JEFFEfW D. Ffll\UTSCIIY
!1cprc,entarivc to tflu
C .. liforni;! Co,Hr.,1 ZOl1"
Conservation Cornmis,ion
THOMAS A. CRANDALL
E xocutivo Director
You u.re hereby Gr.:mted a develol;Y28nt pe:l.'J:li t. '1'his permit is issued after a hearing
kf'orc the San DicGo Coast L{ct:;ional COl~,:,ission (2. COlW of the Her;ioDal Comluission IS
l".:!:(!lutio:1 of c:~!)pr()v<l.l., vote, [:...'1d OthCl' lO.DGu<l.Ge, clra,·:inGs and pl'ovisions is included
here,·lito). Thl::; l)c:rnut is liI'.l:i.ted to d-:::velopment described belo-I'T and subject to t1").e
ll'n::D, conditio:1s, and provisions, hereinafter stated:
l'ro,1cct jnvolvcs npprox:!mately 0.97 Del'OS \'lithin the "Permit Area," of Ivhich O.h6
:lCt'l!:; ~;.i.11 X'C:i:l~dn in it.~:; naturoJ. st.atc. The r·0m~J.ning O. 51 ~{cX'e3 ~'Jill be cleared,
i l1C It:tl LnG t.!w relocation of a ',.rater lin01 fiD.in£;} Dnd landscaping. No structures
\·:i l~. \)'J bnJ.lt oD; th0 O. )l'i acre:? invC{lvcd. 'l'h~s is only a small portion of a large
}"!'L),Jl;CG, most o.:!. :':!nch 1.S out::ndc 01 tho pertm.t area. (
H. 'JTi{:·:.; /\i'Jl) CO;J!:)}:'L'JO=rS:
1. That trw [l"?plic.:JJ1t eE1'ceS to adhere strictly to the current plans £or the proj ect
us subm.i. t ted to th~ Cornnlis sion.
2. 'l'hat the appl:i.c1.llt "Grees to notify the Cowmission of any substantial chanGcs in
thc })}'oj oct.
3. That thc apl)lici.:.nt \·;iJ.:L mcct all the local code requirements and orclir12.nces.
)1. 'J'ilfti thc! upplic:lnt [:~.rces to conform to thc l)(!):mit rules a.nd TCl}ul<:!.tions of the
CallL'Ol.'ni.a Coastal Zone Conscrv~:.t..ion CO!tl::1:L~;s:i.on.
'1'lJ~LL tlJe ::.ppJ.ic.:tnt [:[~rccs that tiJc CO!!l!uissi.on sto.ff may make site inspections of
thc! pro;j l!ct durin£: cons truction und upon c (ll!lpJ:Ct. ion ,
:'.~ r" . ··n·! ('(1!1.1 i L i O!l:: r:re t,() l".l!1 ·,·;:i.tl! ~,:',-:, l:tnd. ~'hcDe tCl'J:lS and conditions s11o.11 llc
). !'j ·~-·:'·1-1-7·-:!:!··-CC-I.7;-lX;:;-illt-:-;:I':';-;-l-;r titt..:D:l-rti.l:s to bind :.l.J)' future o;,;w),s and posDc~;r:ors
(r t!," .:uL"j..:c:t.. P)'qlCl'ty C:XC·\·,:,.\'C ill the 1'oJlo'dinc; V:LrtiC\il:.tl'.s:
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/'lWVISlO:';S :' /,/\','p.\I:P
(1) STl:TCT C:O;,!l'I.l/\;:~[: Pen:littec is under oblir,ation to conform
sTrrt·-Ci);-t:t~J;Cn:irt uadcr pcn:ll ti cs c.st<lbli~;hC'cl by California
Coastal Zone Con~cr\,;ltion Act of 1972.
(2)
(3)
'1'1 VELY nEVEIOI':,lG':T N~i) i\OTICE OF CO;,!pI.ETrm:: Pc:rmi ttee shall
cOl::::£iH.:C de\:(;-rZ;i)::~Jlt in a UI:',el), li,:1I111cr allJ cOI::plctc in a
nasol1;1b 1 c tj I::C. Upon compl ct ion of the dcvclopl:!cnt, PCTI!1i ttee
shall proq)t1)' fil c \.;i th COl:1:ni55) on a ";\otice of COli:pletion. II
ASSJC;~:MnLJTY or-;'EP:·\TT: TIlis pcn;)it is not assignable unless
thc-fenillt.-tcc's-o~)iTg-Zll:io;1s under the pcrr:lit are assumed by
as~j[:ncc in \{l'jtil~r" and (J copy of assur.'ption agrccr.lcnt de-
livered to l~c[;jon;}l COl:<!!1ission •
. (1\) APPJ:!\l,: Unless appca)e:u to the State COJ:!Hlission \I'ithin ten
cnTf,(Il),s follmo'in£; finol action by the S:m Diego Const Regional
Con:mi ssion J all te1'T.1S and conditions shall be final.
(5) DrSCLl\I:'~ER: 111is perni t is in no \,;ay i11tcncled to effect the
),'il}lts~nJ obli[:Cttions heretofore ('xistinr, under private agree-
Jncnts nor to cffC!ct the existing regulations of other public
bodies.
(6) PEI::I·HTTEE TO RET111~~~ COPY: 111i5 pcrlni t SIFll1 not be valid unless
',l'itilll1 tcn-THJ)-(T~)'s i'cJ:)Jittce returns a si2ncd cop)' acknowledging
contents to San Diego Coast Regional COJ!1raission.
l r )'{1\} ),:l\,(' ~\:1)' question on ~n)' of thcsl.! .watters, please contact the staff
(,f flit' I~(:l:j Ollid. Co;;.mission.
Vcry tl'ul)' )'OUr5 I
Thomas A. Crc11ldall J Executive Director
San Di cpo'~£OiJst RC[,ional Commission
-----" '. ,</ 'a /) /JI/ ---", / r V //.; 15)' ?<'-:":~~~..-(7 O. ......-"\-·~~0t.: ... ~\.
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lJin'Cli('ll'; t(l h')'nittC'c: IJ C1'1:1ittcc'is to execute bcloh' Cllldl'(:tUl'l1 one copy (;'("'i'jl(:;"l')-l'~~:;J-t"-t-otJle -Sail Diego Coast Reeional COI;:rnissiol1.
111:1\'\' )'<':lt1 <111d llllde)'st<1nd the terms, conditions, limltntions, and provisions
(If t J)i!~ p('),);lit :llld :Itl'(:e to (lbj de b), them.
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• .' .... i2i~i'J ELM AVENuE TELEPHONE:
(714) 729·1181 (o'ARLSBAD, C:ALlFORNIA 92008
(!titp (If (!,adfJb~ib
April 22, 1974 '
~acific Telephon~
4220 Arizona Rm 206
San Diego, CA'92104
REPI,Y REQUESTED.
Attn: L. Culey
Gentlemen:
FIRST UTILITY NOTICE
FOR PROPOSED CASH CONTRAC'l' OR CITY IMPROVEr1ENT
Under _private contract 'l,ve are pr'oposing the improvement of CT 73-24
east of I-5 and Xx~ south of Poinsettia Lane ±m
-. .m:xmIXXX:k~Xlx:k:k}tXiX:k .....,... _______ --,-__ --,-__ --=-_-__ ' __ ,
~ Preliminary plans attached. o Revised preliminary plans
attached ..
ROllDBED MAY BI~ SCARIFIED 6 11 BELOW SUBGRI~DE LINE AS SHOWN ON TYPICAL SECTION
OE' PLAN. DO NOT proceed with arty relbcat'ion work until you receive further
notice.
Tentative Bid Date: ASAP ----....,....--
Right of Way: o Existing IX] To be acquired by Ci"""t .... y..,.. __ ......... _
For further information contact 129-11~ , ext. 35.
Please fil:1 out the following and return the original to the City 'of
Carlsbad Engineering Depart,ment, at the above address t"vithin 30 <l~,:D~ .. '
fJ We have prior rights on work to be done. We will submit an estimate
of the cost of the relocation and proof of prior rights to your
office within 30 days. o No facill ties vli thin the lim:i,. ts of the proposed proj ect. D We have facilities wi thin the limits of the propc,sed proj ect:.
LIST BELOW SIZE & TYPE EVEN IF NOT AFFECTED AT THIS TIME. o Our work 'Vli11 require coordination with the general contractor.
(Explain fully be loy,;' or by attachment.) , D Ne have facilities t.hat i'd.ll be affected within the proposed
project and/or \',1ork to perform. R E eEL V ED
(l) The following work is contemplated.
(2) Estimated working days to perform the con"i1~,J(.4JaM work
(3 )
, CITY O.F CARLSBAD.
Construct.ion. vmrk can be started _~ng~ermg:if1epaftnrlrifPt
of second n.otice.
Very truly yours,
0,
TIM FLANAGAN
City E~gineer
By It . /~ T1~-.=-/-r~---~--,----rrojcict Engineer/de
l
1200 'ELM AVENUI:
'CARLSBAD, ,CALIFORNIA 920,08
,({itpof Qta·ds>uab
AU,gust 7r ,1974
SDG&E: ATTENTION:' Larry ,Kelly
,
Pacific Telephone Co.: J. P. 'Snodgrass REPLY REQUESTED
Geritlemen~
SECOND UTILITY NOTICE
FOR CASH CONTRACT OR CITY IMPROVEMENT , i
TELEPHONE:
(714) 7.29-1i81 '
Underprtvate contraGt we a+.e, proposing the improvement of
cr 73-2'4 East of ,1-5 and South >f;.t~l'nX of Poinsettia' Lane
,~~ *~x:truexmU;~;of ------~~~--~-
First utiiity notice and preliminary plans were sent to YOll on
Apri 1.. 22, 1,9]4
~ Signed plans attached. DRevised signed plans attached.
Bids will be opened. approximately ASAP ----~~----~--~----~--~-----
Right of Way: o Existing· .r] To' be acquired by City,
If you have facilities which interfere with or ai,fect the above
work, you are requested to make such repairs, irH?tallations, or
changes as may be necessary prior to the hid date. However,
facilities for which you have prior rights should be relocated
uponrec,eipt of our Departmental Expenditure qrder. ' .
After completion ot contract; pavement may not be cut earlier than
two ye~rs except for an emergency. '
For-further information contact_.l-7":::2..::.9,,...-...:.1...:.1..;::8:-.1_' __________ -, ext. 35.
COMPANY TO SIGN ORIGINAL
AND RETURN o Additional work to our
facilities are required
since' our advising' you
on,the first utility noti~e. {explain fully)
Rel,ocation work starting date
Very truly yours"
By ______ ~~~--__ ~~~ __
Rene Munar
Ci~il Engineering As~lstant
--~~---~~------~--~~--
Re Ioca tion wo rk compl etion da te _________ ......--__________ ---.,__,.-----.
COMPA-NY TELEPHONE'
By Date
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. DECLARATION OF
~ 'W
COVENANTS, CONDITIONS AND RESTRICTIO~S
(TRACT NO. 73-24')
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THIS DECLARATIO~ OF COVENANTS, CONDITIONS AND
RESTRICTIONS is made this _________ . day of -------------------.;
197_, by COVINGTON BROTHERS, a California corporation (ltDeclarant").
R E CIT A L S:
Declarant is the o">Vner of certain real property in the
City of Carlsbad, County of San Diego, State of California, known
as Lots through f inclusive of Tract No~ 73~24 (here-----
inafter referred to as. the "Properties") u. as per map recorded in
Book ___ , pages __ through __ , inclusive, of Hiscellaneous
Haps' in" ~.:he Of.fic,~ cf. th0 Cou.nty I~ccorder of San Diego County~
In order to establish a general plan for the improvement and
development of the Properties, Declarant desires to subject the
Properties to certain conditions, covenants and r~strictions, upon
and subject to 'Vlhich all of the Properties shall be held I impJ:oved
and conveyed.
NOH,. THEREFOR;:;, Declarant hereby declares that all of
the Properties described as said Tract No. 73-24 shall be held r
sold and conveyed subject to the following easements, restrictions,
covcnants and conditions:
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1.· 'rhc tCDn "PJ.."opcr.ti~s" as uS.ed herein ( shall mean
atlcl. :(0.(,)~ to that cc:r.ta:i.n r.c.:tl pr.opc:r.ty hcr.cinbc'foX"(~ described I
. ; •
and such additions thereto as may hereafter be brought within
the jurisdiction of the Association.
2. The term "lotH as used herein, shall mean and
refer to any plet ef land s11m-m upon any reco.rded subdi visien
map of the Properties with the exception of the Cemmen Area.
3. The term "Common Area" as used herein, shall
mean and refer to all real property ot'lned by the Association
for the common use and enjoyment of the ewners. The Common
Area to. be o'\vned by the Associatien at the time ef the convey-
ance of the firs~t lot is described as follows: Let of
Tract No. 73-24 as per map recorded in Book ___ , page
through _, inclusive, of Niscellaneous Haps, in the Office
of the County Recorder of San Diego, Califo~nia.
4. The term "cevenants" as used herein, shall mean
and refer collectively to tho coveriants, conditions, restrictions,
reservations, ease~8ntsl liens and charges imposed by or expressed
in this Declaration.
5. The terra "O'i'mer" as used herein,. shall mean and
refer to the record owner, whether ene or mere persons or entities,
of a fee simple title to any lot which is a part of the Properties,
including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
6. 'l'he term "Association" as used herein, shall mean
and refer to CARLSBAD Ll\.l~E COi·E·1UNI'l'Y lIOnEOHNERS ASSOCIATION/, a
nonprofit corporation, its successors and assigns.
7 . Th(~ term "Board of Directors" or II Board II as used
llerein, shall moan and refer to thc duly elected Board of .Directors
of the Association.
e., r.1'110 tenn the "Declarant II as used hc):'cin, shall mean
';11,\(1 )"0f01" to COVJNG'l'OH DEO'l'lII~nS, its successors und assigns if·
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•
such successors or assigns should acquire more than one undeveloped
lot from the Declarant for the purpose of development.
II
NATURE AND PURPOSE OF COVENANTS
The coven~nts, conditions and restrictions set forth
in this Declaration constitute a general scheme for the development,
protection and maintenance of the Properties to enhance the value,
desirability and attractiveness of the lots and Common Area for
the benefit of all O\'lners of lots therein. These covenants,. 0 re-
strictions and conditions are imposed upon Declarant and upon the
~'lners of all lots. Said covenant~, conditions and restrictions
are for the benefit of all lots, and shall bind the Ovmers of all
such lots. Such covenants, conditions and restrictions shall be
a burden upon and a benefit to not only the original O\"mer of each
lot but also his successors and assigns. All such covenants T
conditiops and restricticins are intended as and are hereby declared
to be covenants running with the land or equitable servitudes upon
the land, as the case may be.
III
USE OF RESIDE~oJTIAL LOTS AND CO]"I:"~m'.J AREA
1. Each lot within the Properties, except for the
Common Area., shall be improved, used and occupied only for private
residential purposes.
2. Dogs, cats or usual and ordinary household pets
may be kept in any dwelling unit upon a lot, as may be p~rmitted
by rules adopt.ed by the Board of Directors. Except as her0.inllbove '.,.
provided, nooanimnls, livestock, birds or poultry shall be brought
"li thin the Properties or kept on. a.ny lot thereof.
-3-
• • ..... _. • _ ... "__ • -~. ~ .. -••• =;J..'-.f.-~.:;.!:
,
3. No part of the Properties shall ever be used or
caused to be used for any business, commerc~al, manufacturing,
mercantile, storing, vending or such other non-residential purposes,
except Declarant, its successors or assigns, and the owners of any
tract annexed pursuant to Article XIII hereof, may use the Properties
for a model horne site, and display and sales office during the con~
struction and sales period.
4. Signs shall not be'permitted other than those complying
wi th local' la\'ls and' regulations •
.5. No structure of a temporary character, trailer, base-
ment, tent, shack, garage, ba~n or other out-building shall be used .
on any lot a·t any time as a residence, either temporarily or
permanently. No trailer, camper, boat, truck larger than a three-
quarter (3/4) ton pickup, or similar equipment shall be permitted to
remain upon any property Hithin the Properties E unless placed or
maintained within an enclosed garage.
6. No oil drilling, oil develop~ent operations, oil
refining, quarrying, or mining opeiations of any kind shall be
permitted upon or in any lot, nor shall oil "'Tells, tanks, tunnel's,
or mineral excavations or shafts be permitted upon the surface of
any lot or ~.;i thin five hundred (500) feet belm.., the surface of the
Proprties. No derrick or other structure designed for use in boring
for water, oil or natural gas shall be erected r maintained or per-
mittcd upon any lot.
7. All rubbish, trash and garbage shall be regularly
removed from the Properties, and shall not be allm'lcd to accumulate
thereon. All clothes linc:s I refuse containers r \voodpiles, storage
areas and machinery and equipment shall be prohi})itcd upo~ any lot, .
unlcss ohscurcd from view of adjoining lots and strc~ts, by a
fence or ';;,'propria te screen.
-4-
... ~~ ~""'~""';_"" ____ """''''-'''''''_''': __ '''''''''''"'''''''' __ ' _____ Vf'oO''._''''''''''''_4I!fJW...,...,...,~ftf'Jt.'n.","" .... )trI.~'\ .... r, "U.'O(WIlf;.,r.JJ-iJI'"....-...~·"t't*'fl. .. wr'!~~.l"!: ... ·'~~-I'A--tr..,..n-".'Y's'¥-t"'~"..'. ""f~t':."..~"'~.~:~ .. ~=, -;,... • ~,.".. ... . ~ .
All.. •
B. No O\·mer of ilny lot wi thin the Properties shall
be pc~mittcd to construct external radio and/or television antennas
or external air conditioning units or eVilporativc coolers which are
mounted on or extend above the roof of any dt.,elling unit ,.,ithin
the Properties.
9. The use of Common Area parking facilities shall be
in accordance with rules and regulations adopted by the Board of
Directors, and unless and except as such rules and regulations may
specifically otherwise provide, Common Area parking facilities shall
not be used for ~arking in excess of two (2) hours of any boat,
camper or truck.
10. The Common Area shall be maintained in an attrac-
tive and safe manner suitable to the full enjoyment of the open
/
.. ~ _______ .s_~a?es and all improvements located thereon.
11.. No s\'limming or "lading shall be allowed in the
artificial lake located on the·Conunon. Area, and no boats or other
floatation device shall he allowed on the artificial lake except for
those boats "lhich are o'lmcd and maintained by the Assoc;;:iation for the
Association's use and pleasure.
IV
PROPEHTY RIGHTS
1. Every Or.-lner shall have a right and easement of
enjoyment in and to the Cornmon Area and such easement shall be
appurtenant to and shall pass Wi~l the title to every lot, subject
to the follm-ling provisions:'
(al The ~ight of the Association to limit the
nu~)cr of guests of members;
(b) The right of the Association, in accordance
"
\-li th its Articles and Dy-Lm..;s t to borro\-! nl0ncy fOl~ -the purpose
of iHtproving the Common A:rea.
:-5-
-I . I
. ·.,:,,:g,~.iii<fi
• •
(c) Th~ r~ght of the ~ssociation to suspend the
voting rights of any ~Yner for any period during which a~. assess-
ment against such Owner's lot remains unpaid; and for a period
not to exceed thirty (30) days after notice and hearing for any
infraction of its published rules and regulations; and
(d) The right of the Association to dedicate or
transfer all or any part of the Common Area to any. public
agency, authority, or utility for such purposes and subject to
such conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless an instrument
.has been signed by the Secretary of the Association certifying
that such dedication, sale or transfer has been approved by tHO-
thirds (2/3) of the voting pmler of both classes of members.
-2. Any O\'r'ner nay delegate t in accordance with the
By-Lm-ls, his right of enjoynent to the Common Area to the members
of his family, his tenants, or contract purchasers ,·,ho· reside
on his lot.
v
J.llHBERSHIP AND VOTING RIGHTS
1. Every O\·mer of a ~~t "lhich is subject to· assessment
shall be a member of t.~e Association. Herr.bership shall be
appurtenant to and I:!ay not be separated from O\vnership of any
lot which is subject to assessment.
2. The iissociation shall have tHO (2) clas'ses of
voting membership:
Class 1\. Class A members shall be nIl O\·mers ,·lith
Ule exception of Declarant and shall be entitled to one (1)
"
vote for each lot. mmed. Hhcn mo:ce tlian one p<;-rr.;on holds an
interest in "-ny lot, all such persons s11,,-11 be' entitled to all
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•
rights and privileges of membership. The vote for such lot
shall be exercised as its Owners collectively determine, but
in no event shall more than one vote be cast \>li th respect to
any lot.
Class B. The Class B member shall be the Declarant
and shall be entitled to three (3) votes for each lot Q\·med., The
Class B membership shall cast· and be converted to Class A member-
ship on the happening of either of the follmving events, \.,hichever
occurs earlier:
ra) At such time as the total votes outstanding
in the Class A membership equal the total votes outstanding in the
Class B membership, or
(b) On Harch 1, 1977 $
VI
COVENANT FOR l,1AINTEW\NCE ASSESSHENTS
1. Declarant, for each lot owned within the Properties
her~by covenants, and each Owner of any lot by acceptance of a deed
therefor! 'Idhether or not it shall be so expressed in such deed I is
deemed to covenant and agree to pay to the Ass?ciation: (1) regular
assessments or charges, and' (2) special assessments for capital
improvements, such assessments ,to be established and collected as
hereinafter provided. Each such assessment, together with interest,
costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such lot at the time
the assessment fell due. The personal obligation for delinquent
assessments shall not pass to such person's succ~ssors in title
unless c}:prcssly a;~sumed by them.
"'.,
2.' Until JanuLlry 1 of the ,year immediatp.ly foll~Hing
the conveyance of the first lot to an Owner, thp. maximum monthly
. _ ... · .. ·-·-------.v ----~ .... -----..... ---..... -... --........... .
regular assessment shall be
. -Dollars ($ _. ) per lot per month. -----------------------------The
aggregate regular assessments shall not be increased more than
ten percent (10%) over the preceding year's aggregate regular
assessments \·lithout the vote or \\'ritten consent of fifty-one
percent (51~) of each class of members. The Board of Directors
may fix the,monthly assessment at an amount not in excess of the
maximum.
3. .' Xn addition to the regular monthly assess-
ments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year
only for the purpose of defraying I in "lhole or in part, the
cost of any construction, reconstruetion, repair or replace-
ment of a capital improvement upon the Cor-unon Area F including
fixtures and personal property re~ated thereto, provided that
any such assessment shall have the vote or Hrittcn assent of
fifty-one percent (51 ~) of each class of Inembers. Provided
further that ariy such assessment in excess of One Thousand
Dollars ($1,000.00) shall be approved by the vote or ",.;ritten
assent of fifty-onc-percent (5l%) of the voting pOHcr of the
Association excluding the voting p0-Vler of the Declarant ..
4. Any a'ction authorized under Paragraph 2 or 3
-shall be taken at a meeting called for that -purpose, v}ritten
notice of 'dhich sDa.ll be sent to all ?1cmbers not less than
thirty (30) 'days nor more-than sixty (60) days in advance of
the meeting. If the proposed action is favored by a majority
of the votes CC'l~>t at such meeting I but such vote is less than
-------the requisite fifty-onc percent (5l~) of each class of Neniliers,
Members \·)ho \·;ere not prefjent in person or by proxy lnay give
their assent in Hri.ting I provided the scHr.C i.s obtilincd by the
apP.l:opriatc officers of the J\s~ocii:.l,tion not later them ,thirty
(30) days from the date of such mcctinq.
-0··
®
5. Doth regular and special assessments must be fixed at
a uniform rate for all lots and may be collected on a monthly basis,
or on suc~other periods as may be established by the Doard.
6. The regular assessments provided for herein shall
commence as to all lots ';1i thin the Properties (inclu-di'ng those lots
owned by Declarant) or in any additional property annexed hereto pur-
suant to Article XIII on the first day of the month follm-:!ng the
conveyance of the first lot by Declarant to an Ovrner.. Provided,
hm'lever, that the As'sociation, by a majority vote of its Board, may
extend the conwencement date of the regular assessments on the Pro-
perties or any sub~equent property annexed to the Association until
sixty percent (60%) of the lots within the Properties (or any $ubse-
quent phase) have been sold, if Declarant t by a \-lritten ag'reement '>-lith
. the Association, cornmits to maintain the Con:unon Area in a good \'lork-
manlike condition. At least thirty (30) days prior to January I of
each year, the Board of Directors of the Association shall estimate
the total charges to be assessed against the Project and to be ex-
pehded by the Association during the succeeding year, which shall
constitute the maintenance fund. The estimat.ed amount required for'
the maintenance fund shall constitute the aggregate regular assess-
ments for the year. Written notice of the aggregate regular
assessments shall be established by the Board of Directorso All
regular and special assessments levied upon any lot shall constitute
a debt of the Owner of such lot at the due dates of the assessment
and shall be promptly paid.
VII
NON-PAYMENT or ASSESSMENTS
1. Delinguency. Any assessment provided for in this
Declaration, which is not pai~ when due, shall be delin~uent. With -.
respect to each assessment not paid within fifteen (15) days after
-its due date, the Association may r at its election, require the O\~·n8r
to pay i.l. "lu.tc C11("11-90" in a !:;um to be c1ct.ennined by the A.ssociation t
but not to excecd $10.00 per each c1clirKjuent assessment{ 'plu~; intercst
nt. the r':lLe of t:on pel'cent (lOt) per allnUI:t on such at;~jc!";sJnent.
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, ' • .". t"
2. Creation of Lien. The amount of all delinquent
regular and special assessments plus. interest thereon and any
expenses reasonably incurred in collecting and/or enforcing such
assessments, including reasonable attorney's fees, shall be and
become a lien upon the lot so assessed, which shall attach to the
lot as of the time the Association causes to be recorded in the
office of the County'Recorder of San Diego County, CaliforniaF a
Notice of Assessment Lien t which shall state:
i. the amount of the dc'linquent assessment .
and su~h related charges as may be authorized by
this Declaration;
ii. the name of the O\·mer of record or
reputed O'\vner of the loti
iii. a description of the lot against \vhich
the lien has 'been assessed.
The Hotice shall be signed by holO officers of the
Association. The assessment lien shall also be deemed to secure all
of the foregoing items \'lhiyh shall become due and/or incurred relative
to the lot after the recordation of the Notice of Assessment'Lien
until the completion of the enforcement of the lien or the payment of
the full amount secured by the lien, or at-her satisfaction to be made
in connection therewith. No proceeding or action shall be instituted
to foreclose the licn until notice of intention to proceed to foreclose
the lien has been deli vercd by the l\.ssociation to the Ovmer of the
lot affected by the lien ilt least thirty (30) days prior to the
co~nencement of any such action or proceeding. The assessment lien
may be enforced by judicial foreclosure; provided, however, that said
method of enforcement shall not be exclusive but shall bc~in addition
to any othel' rights or remedies which tile O\vners or the l\.ssocio.tion
may have by la\v or. othC.!H.'isc. '1'h0. l\~:;f;ociation shilll also have the
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_. -.~----.-.~---.-~-----.-..... --------.~
"
right to bid at any such foreclosure sale and to hold, lease,
mortgage and convey. s';lch lot upon its purchase. Upon payment
of the full amount secured by an assessment lien, including all
authorized charges in accordance with the foregoing, or upon any
other satisfaction duly made in connection therewith, the Associa-
tion shall cause to be recorded a notice setting forth the fact of
such payment and/or satisfaction and o~ the release of the assessment
lien. Any assessment lien as to any lot shall at all times be
subject and subordina'te to any mortgage or deed of trust on the
lot which is croated in good faith and for valup. and v7hich is
recorded prior to the date of recordation of the assessment lien.
In the event any assessment lien is destroyed by reason of the
foreclosure of any prior mortgage or deed of trust on a lot, the
interest in the lot of the purchaser at the foreclosure sale may:
be subjected to a lien to secure assessments levied on the lot in
the same manner as provided above in this Article.
default for which a notice of claims or lien was filed by the
Association, the officers of the Association are hereby authorized
to file or record, as the case may be, an appropriate release of
such notice, upon payment of the defaulting Owner, of a fee to be
determined by the Association, but not. to exceed Fifteen Dollars
($15.00) to cover the costs of preparing and filing or recording
such release, together with the payment of such other costs, interest
or fees as shall have be~n iricurrod.
~. Cumulative Remedies. The assessment lien and the
rights to judicial foreclosure thereunder shall be in addition to
and not in SUbstitution for all ot.her rights and remedies which the
') .
Association and its assigns may have hereunder and ~y law, including
a suit to recover a money judgment for unpaid assessments, as above
provided.
-11-
,
5. Mortgage Protection Clause. No breach of the
covenants, conditions or r.?s~r.ictions herein contained, nor any
lien created hereby, shall defeat or render invalid the lien of
any mortgage or deed of trust made in good faith and fo~ value,
but all of said covenants, conditions and restrictions shall be
binding upon and effective against any Owner whose title is deprived
through foreclosure or trustee's sale, or otherwise.
VIII
. ---------.
HANAGEHENT
1. All pmvers relating to management, operation and
I maintenance of the Cor.unon Area I as \'7ell as certain rights, duties
and pm.,ers relating to the lots, as hereinafter set forth, shall
be vested ill the Association.
2. The specific and primary purposes and pm-lers of
the Association arc to myn, I~anage and maintain the Cornman
Area, provide recreational activities' for the members, foster
and support community activities of the merr:bers, and the enforcement
of the provisions set forth in this Declaration of Covenants,
Conditions and Restrictions, and the Association Articles and
By-Lm1S.
3. The Association shall have the right and power to
cmploy or engage a r;-;anager Clnd other employees or agent:s and
contract for such services, labor and materials as it may deem
reasonably necessary to operate and maintain the COl,unon Area
ond the improvements thereon and to discharge its other duties
as heroin pl=ovic1ed. Any rnanaqer r agent or employee selected
prior to the first Cll1nuul election shall be employed to manage
"
or \'lO:ck only until t.he first annual election 1 after ini tial
orguniza tioll l at \"hich time the continuunce of the S'-lme or the
selection of a ne\-! mannger or <lgcnt ~;h(1ll be: dc!t:err.1iilCo by tho
Dou.rd of Dirccto)=s clec ted (It the firf'; t annual election. 1\11
-12-
._. ----.. --~--~-------..-~,.--...... ~ .-
"
a 8
contracts of the As.iation shall be limi ted _ duration for
n pc~iod of not more thun one (1) yeur unless they contain rea-
sonable cancellation provisions or have been approved by a vote
of a majority of each class of Hcmbers of the Association.
4. In addition to the duties "and pO\'1ers 'enumerated
in its Articles of Incorporation and ny-laVls, or elsewhere
provided for he"rein, and without limiting the generality thereof,
the Association shal.!:
,(a) Haintain the Corrunon Area and any improve-
ments thereon (including landscaping, furnishings and equipment
related thereto) in a good, clean, attractive and sanitary order
and repair~
(b) Haintain the roofs of dHellings and garages
5i tuated on the lots I including any necess,ary replacement or
repair thereof.
{c) Repaint the exterior surfaces of dwellings,
garages and fencing situated on the lots and Common Area, as
such repainting is required in order to preserve 818 attractive-
ness of the Prop~rties. Such exterior maintenance shall not
include glass surfaces.
Cd) Keep and maintain adequate fire and public
'liability insurance on all improvements located within the
Common Area ..
(e) Have the authority to obtain, for the benefit
of all of the Common Areas, water, gas and electric service and
refuse collection.
(f) Maintain those portions of lots not occupied
by a c1\-Jclling except for enclosed private pcJ.tio areas and enclosed
entry courts.
(g) Pay the taxes and a!]sessments ,-,hich are or
could 'become D.. lien on t~he Common 1\rcD.. or some portiC?n .thereof.
5. '1'hc Association shall adopt reasonable rules relating
to tho use of the Common 1\rea and any improvcmr~nts thereon. 1\ copy
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•
of such rules i1nd of all amendments thereto shall be mailed to
each" Owner of a lot, and a copy shall be posted in one or more
placed on the Common Area where the same may be conveniently
inspected.
"
.. .... -~ .... ~-:.:"'~
60 The Association may do any and all other acts
and things that a nonprofit corporation is empowered to do,
which may be necessary, convenient or desirable in the admi~is
tration of its affairs for the specific and primary purposes
and meet its "duties as herein set forth.
7. The Association, through its Board of Dire~tors,
shall have the authority to delegate its J?owers to committees,
officers of the l>.ssociation .or its employees •
. ,
IX"
TITLE TO CONNON AREA
The Declarant hereby covenants for itself, its heirs
and assigns, thClt it ,.,ill convey fee simple title to the Common
"Area to the Association, free and clear of all cncumbrClnces and
liens, except for the lien of this Declaration, prior to the
conveyance of the first lot in the Prop0rties.
1. This Declaration of Covenants, Conditions and
Restrictions shall be subject to all casements heretofore or
hereafter granted by the Declarant or its successors and assigns
for the instv.lJ.a tion 2nd maintenance of utili tics and drainas.Tc
facilities that are reasonably necessary to the develop~ent of
the Propcrtieso
-l~ ..
..
2. Easements through the Properties for installatioll.
and maintenance of utilities and drainage facilities are reserved
as shO\-ln on the Tract map of the. Properties. Uithin these
easements no structure, planting, or other material shall be
_ placed or permitted to remain which may damage or interfere vlith
the installation and maintenan'ce of these facilities, or which
may change the direction of floH of drainage chann~ls in the
easements, or. which may obstruct or retard the £10'Vl of \-later
through drainage channels in the easements •
...... ...... ....
3. Sio2e control areas within the Properties have been
established by Declarant as a part of the original improvement of
the Properties. Within these slope control areas no structure I
planting, or other material shall be placed or permitted to
remain or other 'activitie/s undertaken which may damage or interfere
\'Ti th established. slope ratios I create erosion or sliding problems,
or 'Hhich may change· the direction of flmy of drainage channels'
or obstruct or retard the flo\'1 of "later through drainage channels.
The slope control areas of the Common Area and all iIL'.provements .
in them shall be maintained continuously-by the Association,
except for those improvencnts for which a public authority
or utility company is responsible.
4 •. Easements over lots that are required in order
that the Association may carry out its duties and pOyl(~rs as set
forth in Article hereof arc reserved by Declarant, its --
successors and assigns r for the benefit of the Associcttione
s. The rights <1nc1 duties of the O\-lncrs of the lots
'Hi-t.hin the Properties \-,i·t::11 ).:'cspect to s<:lnit<:lry 8m'lcr and 'ldater(
electricity I gns and tclephone and ClI.TV lines and drainage
facilities shall bc governed by the following:
(a) Wherqvcr sanitary sewer house conncctions and/or
\-mtcr house connections Ol':-el(~ctrici ty I gas I or. t:elcplwl1e and CATV
lines 0): draina<Jc facili ties are in!;ti1llcc1 \-1i thin the Properties,.
:which connections, Ii. or fucili tics I or any '~t:ion t.hereof I
lie, in or upon lots o\vneu by other thun the Owner of a lot served by
said connections, lines or facilities, the Owner of cae]1 lot served
by said connections shull have the right, and ~s hereby granted ari
easement to the full extent ncce~sary.'~herefor, to enter upon the lots'
or to have utility comp.unies enter upon the lots within. the Properties
in or upon which s~id connections, lines or facilities, or any portion
thereof, lie, to repair, replace and generally maintain said connc'c-
tions as and Hhen the same may be necessary as set. forth bcdm,·l.
(h) l'1herever sanitary se\ver house connections and/or
water house connections or electricity, gas. or telephone and CATV
~ines or drainage facilities are installed within the Properties T
. which connections 'serve more than one. lot, the OHner of each lot
served by said connections shall be entitled to the full use and
enjoyment of such portions of said connections as service his lot~
6. Each lot and its O\-lner vIi thin the Properties is hereby'.
declared to have an easement, anci the same is hereby granted by
Declarant, over all adjoining lots and COrnr.lon A.rea for :the pur-
pose of accoITUl1oc1ating al)y encroachment due to engineering errors,.
errorS in original construction,' settlement or shifting of the
building I or any other cause. There shall be easerr.ents for. . .
the maintenance of said encroachr.lent, settling or shifting i
provided, however, that in no event shall an casement for
encroachment be created in favor of an O"mer or Owners if said
encroachment occurred due to '-1illful misconduct of said OHner
or O\"mers. In the event. a structure on any lot is partially
or totally destroyed, and then repaired or rebuilt, the Owners
of each lot agree that rainor encroachments over D-dj oining lots
r;hall bc pCXT.1i t:tec1 nnd there shall be eaSCr.1ents for the maintenance
of said encroachments so long as Uley shall exist. In addition;
eLl.ch lot "li thin the rropertics is hereby declared to hD-ve 'an
easement for overh~U1ging roofs nnc.1 caves as originally constructed
over cuch Qc1j oining lot <:tnc1/or the CQJ.:l.1on Area and for the 111.:1 in tenan ce
thex·eof. Bueh of the casement~; hc:}~c:i.nu.bovc rcfC:l~rcd 1.:0 ~;hall
-lG-
. -•.. - -b' ----~ . ---------.. {;, .---.... ~ ...... ---.---•• 1
•
be deemed to be established upon the recordation of this Dec-
laration and shall be appurtenant to .the lot being serviced and
shall pass 'with each conveyance of said lot.
7. Each lot and its Owner "toJithin the Properties is
hereby declared to have an easement and right of ingress and egress
over the adjoining lot for the purpose of providing access to the
mailbox in the event that the mailbox for any particular lot is
located on the adjoining lot. This easement of ingress and egress
shall not be exercised so as to unreasonably interfere the adjoining
lot Owner in the.use of his lot. -:::'~~--"---':-:7':=-.No. ___ _
,XI
. C01-1HON DRIVEI'71'l.Y EASE!IjENTS
1. Each driveway which is built as a part of the
original construction by Declarant upon lots _ .. _________________ __
and ""lhich dri ve\Vays are located II on
a lot line" of the above enumerated lots shall constitute P?trty or
conunon driveways.
The term lion a lot line" means any driveway \'lhich
is physically located substantially parallel to and within twelve
(12) inches of a lot line, it beinq the intention of this Dec-
laration to constitute the driveways beb . ..,een lots
as party
driveways whether they are physically located wholly on the lot of
one Owner, or on the boundary line and jointly on both lots.
2. Each party driv~way or portion thereof shall be
owned by the Owner of the lot on Wllich the driveway or por~ion
thoreof: is located. Nohli thstnncHng the o~.,rnership of the purty
driveways, all driveways of the type definod herein as party
driveways shall constitute party driveways in which tllG adjoining
O\'lDcrs shall hClvc tho riCjhb:; I benefits,. burdons ('lnd obligations
provided heH~i.n.
-17-
•
. . 3. The.O\,lr of cilch lot upon Hhi'. there i" loen ted
n .party drivcHuY on the lot l.ine uS defined abO\1C shnll havc n
. r~6iprocal non-exclusive casement for ingress and egress over that
por~ion of the party drivcwuy located on the adjoining lot. Invitees s
_._: .. licensees, . lessees und 9ucsts of an O\'!ner shall have the ·right. to
•
. -
•
usc the cor.mon drivc\'lays "lhich are a part .of, such. C\-1nc~1 slot,
provided 1 hm·:ever., such right of ingress and egress sl:c::ll be .
exercised \·rithout unreasonable interfcre!"!ce "lith the adjbinir~g
Owner's reasonnbl~ usc and cnjoyncnt o~ his lot •
. 4.. If' any party dr i vc\·:a~r ( or portion therco:: t is
dmnagcc1 or destroyed through the act of 'an O\'Jner -.. lhose lot aC!joins
such. drivC\·;ay or'~y any of his f~ily I guests or agcn·ts, h:he"t~cr .
or not such ~ct is negligent or other\·:ise culpa..l:>le), so as· t.o
deprive the other ad.joir:ing O\·;ncr or O;·}ncrs of the full use and
enjoyment of such drivew~YI then the first of th~ ~£ore~ectione~
Owners shall forthwith proceed to rebuild an~ repair the sa~e to
as good cond~ti6n as for~erly exis~edr w~thorit cost to the
«0)05.n5.n9 O\·.'ner or O\·:ners. .
or destroyed .by some cnuse {5.ncluc.in~i ordinCl::Y \'le<:~r and i.:C'-!l: (:;;}c1
deteriorn~ion fro~ lapse of ti~e), other than the ~ct of o~ci o~
the ncijoin~ng lot O\·mcrs r his Clgents I guests or f(l;:lily I all O',::.-;crs
\-lhose lots Cldjoin sucb drivc\';ny shall proceed forth·~·:i th to rebuild
or repClir the sn~e to as good condition as for~crly existed at
their joint and equal expense. In the event of a dispute bct~·:een.
Owners with respect to the repair or rebuilding of a party drivcwnYt
or \-lith ·respect to the sharing' of the cost: thereof I such O~.mer.s
shall sub:-ait the matter t.o binding nrbi.trntion tO I D.nc1 under the
rules of I the l\mericCln ;"'\rbi trn tioD l\ssoci2. tion ..
5... rrhe ):-ight of un'y OVll1cr to cO:ltributi.on: fror.1 illYY'
othe):" O'.-ll1cr under this J\rticlc sh~1.?l be ap~)urt.c!)2.;)t to.) the lana.
a))(} shnll p~s~; to sue]) O\·mcr. I;.; suece;.;!:.~o:c;.; in ti tlc *
6. Xn the event of any dispute a:cisi.r.g concerning .::t
. par.ty dri\rc\·.'~Y I o+-~ unclc):" the provi.sions of: this J\rti.eJ.c t cueh
'-10-
• •
pal."ty shall' ',eh.do'se one arbi tra tor, and such arbi tra tors shall
choose one additional arbitrator, and the decision shall be by
a majority of all the arbitrators.
XII
ARCIIITECTURi,\L CONTROL
l~. No building, fence, wall or other structure or
additional landscaping (except all original construction by
Developer within the properties and landscaping within enclosed
private patio areas and entry courts) other than landscaping
installed by Declarant shall be erected, altered or repaired until
the building plans, specifications and plot plans shm'ling the
location, elevation and grade lines of such building or other
structure, or such other description of the proposed work as shall
be furnished to and approved in writing by the Board of Directors, or
by an archi tcctural committee comp.os0.d: of three or morerepresentati ves
appointed by the Board. One set of such plans,. specifications
and plot plans or other description shall be submitted to the
. ,
Board or its archi tcctural conuni ttee. The Board or ,its architectural
committee I' before giving such approvai,"may require that changes
be made to comply \,1i th suc:\1 rcquirerr.ents as the Board or its
architectural co:rru-nittee, in its absolute discretion,. may impose
. as to tile stru'ctural features of said building or other structure,
the type of building T:1:J.terial used, or other features or character-
istics tilcrcof not expressly covered by any of the provisions
of this instrument I including t.hc location of the building
or other structu):c \·Ii th respect to topography and finished ground
> eleva tion. '1'l1e Board or its archi tect:ural com'<1.i tt:ee may also
rCCJui)~e t.hi:lt the exte:d.or finish Clna color, and the architectural
style or chi:u:actel.~ of ~:>uch building Ol~ other structure shall
be such as ill the discretion of the Doard s~lLlll be decmed to
be suit;able in vim'l of t~1e <Jeneral m:chitecturD.l stylc .::tnd
-19-
(!' _.------,_._-------
{i); .
II
Ii
(I
II
tl ii . II !I
II
II ;: II
Ii Ii
!I
churncter of ~·truct'l. er.ected or. to be erec~. in t:hc. cOIl1..intmi ty 0
The repainting of the extcrior'suriuce of any building or other
structure on the Properties shall be the prime re~ponsibility of
the Association and such surfaces shall not be repainted or
refinished by the Ovlner in a color or rounner differing from
the previous painting or finishing of such building or other
structure until the Board or its architectural comnittee s~all
have given its written approval of such repainting or refinish-
ing following the submission of an acceptable description of
the \-lork to be done.. 'In the event the Board or its arch1tectural
committee shall fail to approve or disapprove any pluns, speci-
fications, plot plans or work description submitted to it within ", ... .
thirty (30) days .after such submission, 'then such approval shall
be deemed to have been waived; No member may construct, repair,
remove, iIilprove or other.~Tise· affect any portion of the Cormnon
Area in any manner unless specificully authorized in writing
by the Boar~ of Directorso
2. Neither the Association, the Board of Directors,
.the architectural committee, nor.any member thereof shall be
responsible for structural or other defects of.any kind or~
nature in said plans or specifications, or in the structures
and improvements erected in accordance therm·lith.
_,"-=-~-'4~a __
XIIX
ADDED PROPERTY
';"----.-...
1. Additional lots and Cor'l."'11on Area may be annexed
to the Properties \-7ith the consent of at least to;.-;'o-thirds (2/3)
majority of the voting pO'\'ler of ·the Ovmers I excluding the voting
pm'ler of the Declarant i or
2. Ifl \'lithin three (3) years of the date of recording
of this Declaration, the Declarant should develop a.dc1it.ioI1al
lands within the area described in Exhibit 111\." \·lhich. is att.ached
hereto <:.~nc1 by i..:hif) reference mude a p<:-lrt horeof, such acldi ti011<11
lanCt~3 lnuy bc annexed t.o t.he rropert:ies \.;i"l.:hout t.he assent. of
the C1a.!:,s A mcmbe.T:c und be ll1a.de r;ubj oct 1.:0 the Decla.r.:lt':ion and
-/.0-
~ ...... '~-.. -------~.-~~--.-•• ---.-----------... -.. -... ---___ ........ __ ~_It",'",,, I •• 1' .... ~ ....... ,.......,.,~'rf_N .. ~'"'\\,..,.,..., .. ~,...';t.C'\~ ll"l"ttrllr,..11> .. "" ,,· .. ,oJ. .. ·,-r, .. · ... t ". • 'I
b
tllcrcby bccome [;llb j (, to thc jur:i.!;<.1iction o[ • }\~;soc;iutioni
1lrovidc'd r howpv("~ r:, that tlw developmcnt of the aCldi tional lands
described in this section shalf be in accord.:lnce with a general
plan submitted to the California Depurtr.lent of Real Lstate with
the processing pilpers for Tract 73-24. Detailed plans for the
. ~L'! t
developmcnt of additional lands must be submitted to the Californi'a,
Department of Real Estate prior to such'devclopoent of addi-
tional lands. If the California Department of Real Estate
determines that such detailed plans are not in accordance with
the general plan on file and so advises the Association and
the Declarant,. the annexation of the additional lands must
be in accordance \'lith Paragraph 1 immediately above. Prior to
a conveyance to individual purchasers of any improved lot within
a portion of the real Properties described on Exhibit nAil attached
hereto and annexed pursuant to this section, a fee simple title
to the Common Areas within said portion of said real property shall
be conveyed -to the Association 1 free and clear of any and all en-
cumbrances and liens except current real property taxes t "'hich
taxes shall be prorated to the date of transfer, and all easements,
covenants, conditions and restrictions then 01'1 record, if' any,
including those 'set forth in this Declaration'. A su.pplementary
Declaration of covenants, conditions and restrictions as described
hereinafter in section 3 of this Article, covering said real
property described on Ex ... ~ibi t "A II hereto, shall be executed and
recorded by the OHner 0:: such real property.
3. The additions authorized under the foregoing
sections shall be TI1Clde by filing of record a supplementary
Declaration of covenants, conditions and restrictions, or similar
instrUIilcnt, \o1i th respect to the ac1di tional property '-7hich shall
extend the plan of this Declaration to such property. Such
supplcmcnt.:lry Declar<:ttions contemplated above may contain such ....
COJnplcmcntary addi tions and modificai.:ions of the covenants I con-
ui tions uncI rcstriclms contnincd in this DC,~ru.tion as may be @
necessary to, reflect the different character, ..1.£ any, of the added
property as arc not inconsistent "lith the. plan of this Declaration.
, In no evcnt, hmvcvcr" shall any such supplcmentu.ry Declaration,
merger or consolidation, revoke, mOdify or add to the covenants
... -.
established by this Declaration within the existing property,
except as hereinafter otherwise providcdo The recordation of
said supplementary Declaration shall constitute and effectuate
the annexation of the said real property described'therein, --"'-.. -' -~ ___ 4 ••
making said real property subject to this Declaration and subject
to the functions p pO\'lers and jurisdiction of the CARLSBAD LAKE
CO!>h"1UNITY HOHEO\vNERS ASSOCIATIO}1, and thereafter all of the owners
of lots in said ~eal property shall automatically' be members of.
the CARLSBAD LAKE-COHt1UNITY IIOl-1EOI'JNERS ASSOCIATION.
XIV,
BREACH
l~ Breach of any of the covenants contained in .this
Declaration and the continuation of any such breach may be en-
joined, abated or remedied by appr.opriate legal proceedings by
any O\·mer I by the Association or the successors in interest of
the. Association.
2. The result of every act or omission \·,hereby any
of the covenunts contained in this Declaration are violated in
whole or in part is hereby declared to be and constitutes a
nuisancc, and every remedy allo\'lCd by laH or equity against a
nuisance either public or private shall be applicable against
every such result and may be e:-:ercised by any OHner r by the
Association or its successors in interest.
3. tl'he rer:lcdies herei.n proviucd for breach of the
covenants contained in this Declaration ellall be deemed cumula-
tivc, and none of such l-eme<1ies shall be deemed exclusive.
The failure of the Association to enforce any of
the covenants contained in this Declaration shall not consti·t:utc
(l \'l~d.vel::-of the right:. to' enforce the same thereafter.
-22-
~.7"-r-.--:"---_-
f
I f
J
1
----~.-.-~. --.~-... --~------.. --~---.
• 5. A breach of the covenants contained in this
Declnration shall not affect or impair the lien or charge of
any bona fide mortgage or deed of trust nade in good faith and
--for value on any lot or the improvements thereon, provided, how-
,ever, Blat any subsequent Ovmer of such property shall be bound
by said coyenants, whether such Ovmer's title was acquired by
foreclosure in a trustee's sale or othe~viseo
-xv
NOTICES
In each instance in which notice is-to be given to
the O'\'m,er of a l¢t, the same shall be in vlri ting and may be
delivered personally, in which 'case personal delivery of such
notice to one or tHO or more co-O\vners of a lot v or to any
general partner of a partnership m'ming such a lot, shall be
deemed delivery to all of the co-m'lDers or to the partnership,
as the case may be, and personal delivery of the notice to any
officer or agent for the service of process of a corporation
o·..;ning such lot shall be deemed deliver.! to the corporatioll-or
such'notice may be delivered by United states mail.{ certified
or registered, postage prepaid, return receipt requested,
addressed to the OHnar of such lot at the most recent address
furnished by such O':mer in vlriting for the purpose of giving
notice, or if no such address shall have been furnished r then
to the street address of such lot, and any notice so deposited
in the rr..2.il wi thin San Diego County t Californ.ia, shall be deemed
delivered forty-eight (:18) hours after such deposit. Any notice
to be given to the hssociation l~lay be delivered personally to
any mcrnber of the Doard t or c1el:i.vel.'ed in such other mannex' as
may be authorized by the Associrition. hny notice to be g~ven
to the }\ssociation !';hall be delivered by the United States 111<1i1,
certified or registered, postQge prnpaid, return receipt re-
quested, and any notice so deposited in the mail within San Diego
County, Ca.liforniQ, shall be deemec1 delivered forty-eight (t18)
~23-
, :XV!
CO!-iNO~l Hl\LLS
1. Each ylnll Hhich is built as part of the originul
construction of ~he homes upon the Properties und is placed on·
thc lot so as to abut or adjoin a. d\1clling construc;.t·cd on a
contiguous lot, shall constitute a common wall, and to the ex-
t.ent not inconsistent \'ri th the provisions of this Article, the
general rules of 1m·; regarding cOl'tUllon "mIls and of' liability'
for property damage due to negligence or Hillful acts or
omissions sh~ll apply thereto. Each O\·mcr of a lot upon which
there . ~ 8X1S ... S a common wall shall mm to ,the center of such \vall ..
2. The O\·mer of each lot upon \vhleh there is located
a COr.m1on ,,~'all sha-ll have a rcciprocal non-exclu,si vo easement to
each contiguous lot for the purpose of maintaining the conmon
"mIl. The cost of reasonable rcpair and maintenance of a corrunon
wall shall., be shared ,by the O'\vncrs Who make use of the "lall in
. ,proportion to such use.
3& If a comrnon \omll is destroyed or damaged by fire
'or other casualty, any ~~ner 0ho has used the wall nay restore
it,. and if the other (T,\'ners thereafter maJ:c use of the Hqll,
they shall contribute to the cost of restoration thereof in
proportion to such use ';'lithont prejudicc, ho\Vcvcr, to :the right
of any such O<.'mers to call for a larger contribution from the .
others under any rule of laH regarding liability for negligent
or willful acts or o~issions.
'-1.. Not,'li thst2.nc1ing any other provisions of this
Article, an cr.'mer \yho b..,... his negligent or 'iVillful act causes
the CDrrt17lon \-lull to be expos cd to the clcI\1ents shall bear the
"lh01c cost of furnishing the necessary protection against s~ch
elcmcnts6
5.. '.rho right of any O'.'ll1er to cont:ribution from o.ny
: 'other O\'mer unuer this }\l7ticle shall be i\ppurtcn~nt to the land'
und [;!}(111 pil~;S t:o snch ·Oune): 1 s snccc~;so:c:; in ti tIc.
• t' ...
In the .t of .:my (~ispute nris c0ncerning a G.
common ,~all, or under the provisions of this Article, euch party
~lall choose onc a~bitrator, and such arbitrntors shall choose
onc additional arbitrat6r, and the decision of a majority of all
the arbitrators shall~be final and conclusive of the question
involved.
XVII
SEVERABILITY
, "
Should any of the covenants contained in this Declara-
tion be void or be or becor.te unenforceable in 1mv or in equity,
B1C remaining pottions of this Declaration shall, nevertheless,
be and remain in full force and effect. ..
XVI'll
fERH, SCOPE, DUP..f;TIO~l 10-:-0 ~'~~~D~,SHT
1. This Declaration and the covenants herein contained
shall be in effect until ----------------------------------and shall be
automatically extended for: successive periods of ten (10) years
unless ,.".ithin' six (6) months prior to the expiration o£ the ini tial
'b~l.JU or any ten (10) year rene",a~, period a ,'rri ttcn qgreerr.ent
executed by the then record OT.vncrs of norc than three-fourths
(3/4) of the lots shall be placed on record in the office of the
County Recorder of the County of Orange by the. terms of which
agreement the effectiveness of this Declaration is terminated
or the covenants herein containe~ are extinguished in whole .
or in part,as to all o!:' aIlY part of the property then subject
thereto.
2~ This Declnration may be amended only by the
affiY.T'l<J.t.:i.vc vote of not less than !:,event.y-five percent' (75~)
of the lot 0"'111er5 6 Any nlnenur.tcnt l:1nst be rccordocL
,-.,
XIX
Xn the event the CO!lU:!on l\J:"c<t subj ect t.o this Declz\rn tion
ir: totally or f,:uln;t:anti'tlly d(H!\tl~rGc1 ox: c1c:;t:).-oycc1, t.:hc rep'!).):" re-
'-25-
'~ .
,"
~ • . ~.'. f J-l C 1 ft· ] 1 be <-t <: pro-j con!';U:uction, or chs[V .t1.0n 0' c.1e or:U:1on \re dil . -•
vided by an a9rcc~cnt: approved ~)y Ovlners 1."epresen ting more than
fifty percent (50~) of the voting power of the O ..... ners. The
usc and disposition of insurance proceeds payable to the ~ssociation
in the event of such destruction or duDu.ge shalrbe as,deterrained
•
by a maj ori ty of the voting povler of the Owners.
xx
CITY I S EASEr'1ENT
Declarant hereby grants to the City of Carlsbad, as adjoining
land m.;ner I easements over the Common Area' for the follm';ing purposes:
installation ,and maintenance of public utility lines and facilities,
and access for emer.gency and other vehicles associated <;.;i th the various
gove1;'nmental services which will be furnished to the Properties by the
City of Carlsbad~
XXI
CONFLICTS
In case of any conflict behlf~en this Declaration and the
Articles of Incorporation or J3y-LavlS of the Association, this :,Declaration
shall control.
XXII
CAPTIONS
The titles or headings of the Articles or Paragraphs of
this Declaration are not a part hereof and shall have no effect upon
,
the construction or inte~prctation of any par~ the~cof.
IN ivI'l'NESS l'ii!EmSOp I the undersigned I being the Declarant
herein, has hereto set its hand and seal this day of
197
COVIHGTON m~01'IIERS t ",
a California corporation
, a
By
Its
By
l'l:s
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•
TO TI[l-~ OUDER
OF
TO 'lllE onDER OF
r
City Of Carlsbad
16800 Devonshire St
Granada Hills. CalifornIa B1344
213/368-5611
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City Of Carlsbad -Sewer Assessment
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$ CRI.lUMEflllImllllnlBnllH
WtSHIR£ HWmt OFfICE
5eo WllSH.R~ BOULEVARD, lOS",' ... £lES. CAlJtOMM9GC3&
,June 7 10-.83.
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CITY OF CARLSBAD ,
'''-./ l-M AVENUE • CARLSBAD, CALIFORI
(714) 438-5551
(( POO~ Qka-li; ()£&J\)~L J;.
RECEIVED FROM..;...\-_' -'--_~~ __ ---'-__ DATE o!d.1o!g3, . 7-,7-:,
ADDRESS I \
A/c. NO.
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TOTAL
AMOUNT
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7
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CITY OF CARLSBAD
1200 ELM AVENUE @ CARLSBAD. CALIFORNIA 92008
729.1181
ADDRESS
A/C. NO. DESCRIPTION
N9 7981
AMOUMl'
DEC 2 1 1973
CITY Of CARLSL.:i\O
Engineering Department
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CITY OF CARLSBAQ \
"~" ,_~v-t:l..:rV'I AVENUE • CARLSBAD, CALIFOHNIA 92,001
(714) 438-5551 .' l(PoO~ G;ua);t; ();ei,J i<Jt1-t"
RECEIVED FROr,{ I, .. \ \.l '\ \ \. \ \, .. '. DATE ,15/84-7 I
ADDRESS
A IC. NO. DESCRIPTION AMOUNT
L -/ i ' ~~:l I .--' i lIt) JIJ()(j I --\ \ I "~I I .... LL \ I ' .. \. , ---' . , \ " \ \ ( , ,
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~S192~
b~~~ $f~ "U>~ ~ ('(p:; ."JtJ, ~ 'f:? 1:/,;:. '8',sh· o:~& ': '!in~f;;JIt,-,,' ,(>,.
C\l 1-~!Jf~ ,~" ; iI \ . ,t;" .-i& :r,,(.lf4J ,~J ... ... . ~J'I.: '!M'
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~ C(o/ ~P __ 2~i-.Y
'''''f'r-'1 'J TOTAL :):l fJ. • t -.;, .. .,> .. ,'"
Lawrence.R. Williams
Consulting Civil Engineer
ENVIRONMENTAL PLANNING· CIVIL ENGINEERING
Karl B. Brown
17401 Irvine Blvd., Suite M, Tustin, Calif. 92680/714832-4100
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\ G~f\-DI NG; 'BoND 1015 CARLSBAD CORNERS. INC.
REAL ESTATE AND INVESTMENTS
6452 AVENIDA MANANA PH, 619-454-7888 ~
LA JOLLA, CA 92037 "\ ...... V / £ 90-4911222
19~
E~y ~, 1:-:; ~L -" -----._. TO THE . ~
ORDER OF a $ I d r lfJ ,,:v :Jf
O-.,Q, ,rl= ==== ..diT~qd"..d ~<" DOLLARS
CALIFORNIA LA JOLLA OFFICE
1_ 7807 Gllald Avenue
~ .,_, ... ,.,.,e=, .... "", h. ~~
FOR: 3£ Jt ~ .~~.£ ~ ~O.O. SUi $1:.22 200t.1101:00 5.301111 5 3ul
~<;_"f:~"!.!!I_r_"~'!!,, ______ _
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CITY OF CARLSBAD
1200 ELM AVENUE e CARLSBAD. CALIFORNIA 92008
729-1181
9PAIO JUL 11-7LrLL cc 608****7,141.46
C~d~L z.-I/~Z'l RECEIVED FROM . ..el!J/ ~ DATE e#7j~VW ? / ./1./ ph ..
ADDRESS
......, -if
A/c. NO. _......---D.E.~~N AMOUNT
b5 -Ii--/?l7' ( c?r ;/d'-d,¢') J'Z ~()
~ ~ YiJJ' 4(1.
JI~ j;4() t::J(/J
~V "ve 1/4;
/dtJ (J(J
I
! i
:0 -- -TOTAL %1'11 ~~ : --128 -
-I
UNioN
.)..-._~~~a~R AT 0
r;,fJr" _ .......
PAY
TO THE"
ORDER
OF,
: ' .. -;"; CITY' OF CARLSBAD '
UNION BANK
HAR80P AT ORANGETHo.~~ AVE.
FULLGRTON. CAl...It"-
-.... -a:. -
,--.....,...
....",J£XiJidIe .. ,.,.,
i SA ,uum :Jdl!!! ...
TELEPHONES SHIPPING ORDER 0 58507·
If' ORANGE COUNTY (714) 547-6134
( ) PREPAID 0 COLLECT 0 LOS ANGELES 213 680-2838
P.O. BOX 15087 • 1230 E. POMONA STREET· SANTA ANA, CALIFORNIA 92701 MESSENGER Truck 0
SPECIAL 14 HOUR
1
DAILY
PLEASE REMIT FROM THIS INVOICE-NO STATEMENT WILL BE ISSUED Air 0
C'~I ~. ,t.-r ... ~ ""?-.. i;> ( ")"",,
c ..... \ r' F 0 ( 1'T'-1 (')\:-\. ~v-:l,t1 I SH1:-'\.\i) N \ .~ -R 5 T
0 "} 1.4 .:::; 1 ('j'J .::;. .. r .... c:: \" d. V> ,..., :'\r::::. .l-hl·~. ~ 0 i .:.::z. Dr> /:.... j .1".;-.... ~\ ..... ;.\,-.--M . ~ ... --\ . Ii N E
i=" I )1 J l:--!/ TI")" .! (~l L"J.. 0 C.I /\ ~~' ~ <:. .... (;l . f:\ .,") (y-C.\
NO. PKGS. I DESCRIPTION RATE
I {:-.'\, 1.I...1C-\ 1).'-\::....
I 5~-~~ ibr-f'--.-i C ::.L.-.. ::l
SPECIAL INSTRUCTIONS:
RECEIVED BY THE CARRIER RECEIVED BY CONSIGNEE ;\m4[~)ckUP drive~~~w No. PCS. ~ay Truck SIGN FULL NAME ~ Used . ,.;.'"
'--,.-0{ 'Zl-\ 4f;}.. X BY· , { <'
f~rveye-a 'DY'"iIriv~n below No. Pes. ~~ Truck
\ ~ [, , =..:> \ ,( __ ,f')
'~DATE-" . -I SHIPPER'S NO. CUSTOMER P.O. NO.
Loss limited to $50.00 per shipment unless a higher value is declared by customer.
PAYMENT MUST BE MADE WITHIN 7 DAYS PER I.C.C. & P.U.C. REGULATIONS
WEIGFlT
~
.. Number Pieces
Rec'd .
I I,
•
CHARGES
DELIVERY
CHARGE
WAIT TIME
RETURN
C.O.D.
C.O.D. FEE
WEIGHT
CHARGE
ADVANCES
INSURANCE
TOTAL
Consignees checks will be accepted for
COD's unless otherwise specified by
shipper.
CONSiGNEE
• FEES AND DEPOSITS •
/-'vi. Final Hap Check Fee ($25 + $2.00 per lot)
,,-2. Improvement Plan Check Fee U% of z,.-;Op-vc)o ) ~ "2.-; 00 --~ ri3!'«'~?)
.....-3 ........ lnspection DeposIt (2% of 'k?oo-'U'"O)
,~. ,
4,. S t r e e t T r e e Pia n tin 9 De po sit {tV /5Dv.J L> Cd1b jtjv..{T'.
5., Park in Lieu Fee (see attached calculations)
6. Water Deposit C CoM.: W 0 D. )
r'
7. Sewer Deposit ~:;cCSHL pofe. p~(~) -' > p~ f[1J OOI-~~ rv c..L. dlc "'-~~ •
..--8. 18 Month Street Light Energy Deposits ~ /IIb.l~ -(""",oo~" I, eo.. >< ".1'1)< 18 -:. I44B.~~··
./' 9.
,/""10.
'--1 1, 0
1 2.
NOTE:
St reet Sign Depos it I"" ,:;; ?1,,;tJ~ t::;A~tJ ~ ~ >< '" "3 ~~ -,.. srfb, ~'q AI I ~. ~ fl'':?-;:. s::
~. c:t..f ~ "'l-~ "!><" 'Z-<) /,,-0 IVr7 ~~ K' n ~ -:.-
tv -r~ -" ~ J{) . ""J&. c J')
Dup 1 i cJtJe'-1t rae i ng and P r i ~t"fA.g 0 ~o~t ':: / ~
T ra f fie S i gn~ L Depos i t ~ ~.L{?IL \J()~C, C!IL.~?'-~. f~~-,) ~ (
G r ad i n 9 Perm i t Fee (>.ee PI) Fe (0"t.V )
:: 1r ~ /rlvj-1: bt ow..
Sewer connection fee per 1 iving unit basis shall be paid to
the City pr i or to oc~up,a ncy. .
Gr~ fU't ~ ~ /;..A.t)
~~ ~ ~~N-
l?f'1I·~.e (f~' 4~ EXHIBIT !JAil
?
PAY
C'· CALIFORNIA COMM4aITIES, INC.
~~ 31 TECHNOLOGY DRIVE, SUITE 200 PH. 714-727-3600
~ IRVINE, CA 92718
SUM OF ****40,000 DOLLARS AND 00 CENTS ***
SOUTH CO &LAZA OFFICE
WELLS F~ BANK, N.A. '
3400 BRISTOL ST.
COSTA MESA, CA 92626
16-24/1220
DATE
TO THE
ORDER OF February 03,1989
04308
CITY OF CARLSBAD/PLANNING DEPT
CALIFORNIA COMMUNITIES, INC.
DATE
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW.
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED.
DESCRIPTION
01-31-89 CT73-24 TRAFFIC SIGNAL BOND [2404]
12283
AMOUNT
$40,000.00
12283
AMOUNT
40,000.00
CALIFORNIA COMMUNITIES, INC.
DETACH AND RETAIN THIS STATEMENT
: ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELO
,lOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRE: ...
~T 73-24 12283
-. 17
DATE DESCRIPTION AMOUNT
01-31-89 CT73-24 TRAFFIC SIGNAL BOND (2404] 40,000.00
~m:;t) ) t0Tb '?06UC. ~~t\.4w...d
'P ElZ. lLoy4 l.jobbs 0...,) a -I S -~
cP~
i
I
SUBDIVISION IMPROVEMENT LOG
1 n4 (;A(2.U;r;A-O L.4~ -Carlsbad Tract No. ? ... &; Project Name G4>YY1MUJlt"
c..o VltJ 6 TotJ ~S. Cl-A'~ fZ~~) Developer t Phone --------------------~~\,.. ~rOWA Ct.Awr~ce (»\U'o.~· )
Engineer of Work ~6'" phone 6'4 832-418>0
other Phone ---------------------------------------------------------------
TENTATIVE MAP
Date Submitted Date Checked Date of Report to P.C. -----------~ -----------~ -------
Date of Approval by P.C. ________ ~Date of Approval by C.C. ~ .... 1'111
\o~,.)hQ()..S.S No. of Lots ______ F.ee _____ P.aid. ________ Condominium Yes or No
Other "C ~C. "Res. No. -------------------------------------------------------
No. of Lots FINAL MAP ---------'-
REPORTS & AGREEMENTS
Title Report Rec'd ~ ,,\t.s,
Traverse Sheets Rec' d ,(es .~~~~------------Soils Report Rec'd _____ ~~~~;=------------
Deeds & Exhibits Rec'd . -,.-'.-,. .. ,-,.. -.,-,-..,---....,--,-
Documents Rec'd
*Future Agreemen~t-~7~-------C-.-C-.--A-p-p-,-d-------
SubDiv Agreement F C.C. App'd __ ~C.C. Agenda Bill~ C.C. App'd ~
Flood Letter sent --------------
Check Dates
No. Out
t
City Engineer's Signature City Clerks Signature Recorded ___ _
~WR aDiVcN"l'A-l-s.~~tJ..~, [--6 'l-fbIN'7:.eTfl~) S-t::47 rlL~ CT13-Sf.> 4:.2_
No.
CHECK PRINTS
Date In
,) .. 'l-t • ..,>
IMPROVEMENT PLANS CHECK LIST FOR FEES
Date out