HomeMy WebLinkAboutCT 74-21; Carlsbad Airport Business Center; Tentative Map (CT) (2)0 1573 422107
Recording Requested ByandWhen Recorded Hail To:
MCDONALD, HECHT & SOLBERG
Mr. Alex C. McDonald
1100 Great American Building
600 »B* Street
San Diego, California 92101
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DECLARATION OF PROTECTIVE COVENANTS
FOR
CARLSBAD OAKS BAST BOSINESfl PARK
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ARTICLE
II
III
DEFINITIONS.
1.1 Annexed Property
1. 2 Application
1.3 Architect
1.4 Architectural and Development Guidelines
1.5 Architectural Review and Development
Committee or Committee
l. 6 Articles
1.7 Association
1.8 Beneficiary
1.9 Board or Board of Directors
1.10 Business Park
1.11 Bylaws
1.12 Declarant
1.13 Declaration
1.14 Deed of Trust or Trust Deed
1.15 Gross Acreage or Gross Acres
1.16 Improvements
1.17 Landscape Installation Areas
1.18 Landscape Maintenance Areas
1.19 Lessee
1.20 Licensee
1. 21 Lot
1.22 Maintenance and Operation Account
1. 23 Member
1.24 Mortgage
1.25 Mortgagee
1.26 Occupant
1.27 Property Owner or Owner
1.28 Record, Recorded or Recordation
1.29 Rules and Regulations
1.30 Secured Party
1.31 Security Instrument
PROPERTY SUBJECT TO THIS DECLARATION.
2.1
2.2
2.3
2.4
2.5
General plan
Covenants Running With The Land.
Splits or Resubdivision of Lots.
Declarant's Power
Notice of Annexation of Land....
THE ASSOCIATION
3.1 The Organization.
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ARTICLE
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3.2 Powers...... 7
3.3 Personal Liability 7
3.4 Annual Membership Meetings 73.5 Insurance 8
IV ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 8
4.1 Membership 8
4.2 Voting 8
4.3 Initial Board of Directors 9
4.4 Subsequent Board of Directors 9
4.5 Administration and Compliance 9
V ARCHITECTURAL AND DEVELOPMENT REVIEW COMMITTEE 9
5.1 Committee Composition 10
5.2 Alternate Members 10
5.3 Appointment 10
5.4 Removal 10
5.5 Terms of Office 10
5.6 Resignations; vacancies 10
5.7 Duties and Appeals. 10
5.8 Meetings 10
5.9 Architectural and Development Guidelines 10
5.10 Exercise of Rights 11
VI RESERVATIONS OF EASEMENTS 11
6.1 Easements Over Landscape Maintenance
Areas 11
6.2 Easements for Maintenance 11
6.3 Transfer of Easement Rights 11
6.4 Easements Reserved and Granted 11
VII REGULATION OF IKPROVEKEHTS. 127.1 Approval of Plans 12
7.1.1 Approval Required 12
7.1.2 Filing Fee 12
7.1.3 Basis for Approval 12
7.1.4 Result of inaction 13
7.1.5 Proceeding With work 14
7.1.6 Completion of Work 14
7.1.7 Estoppel Certificate. 14
7.1.8 Liability 15
7.2 Limitations On Improvements 157.2.1 Setback Lines 15
7.2.2 Loading Facilities 15
7.2.3 Landscaping 15
7.2.4 Signs 16
7.2.5 Parking Areas 17
7.2.6 Storage and Loading Areas..... 18
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7.2.7 Exterior Lighting 19
7.2.8 Utility Lines and Antennas.... 19
7.2.9 Refuse Collection Areas 19
VIII LAND CLASSIFICATION, PERMITTED USES AND
RESTRICTIONS 20
8.1 Land Classification 20
8.2 Permitted Uses; Nuisances; Property
Maintenance 20
8.2.1 Permitted Operations and uses. 20
8.2.2 Specially Prohibited Uses 20
8.2.3 Nuisances 22
8.3 Maintenance 22
a. 3.1 General 22
8.3.2 Property Owner's Obligation
for Property Maintenance and
Repair of Building 22
8.3.3 Drainage 238.3.4 Lateral Support 23
8.3.5 The Association's Obligation
for Maintenance and Repairs 23
8.4 Damage and Destruction Affecting Lots—
Duty to Rebuild 248.5 Insurance Obligation of Owners 24
8.6 Variances, Other Operations and Uses.... 24
8.6.1 Variances 24
8.6.2 Specially Permitted Operations
and Uses 25
IX FUNDS AND ASSESSMENTS 25
9.1 Creation of Lien and Personal Obligation
for Assessments 25
9.2 Purpose of Assessments 26
9.3 Budgets and Financial Statements of the
Association 269.4 Funds 26
9.5 Regular Assessments 26
9.5.1 Purpose 26
9.5.2 Date of Commencement of
Regular Assessments 26
9.5.3 Budget 27
9.5.4 Payment of Assessments 27
9.6 Special Assessments 27
9.6.1 Purpose 279.6.2 Budgeting.... 27
9.6.3 Time and Manner of Payment.... 28
9.7 Reimbursement Assessment. 28
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9.8 Capital Improvement Assessment 289.8.1 Purpose 28
9.8.2 Tine and Manner of Payment..... 28
9.9 Rate cf Assessment 289.10 Estoppel certificate 29
9.11 Collection of Assessments: Liens 29
9.11.1 Bight to Enforce 299.11.2 Creation of Lien 309.11.3 Notice of Default; Foreclosure 30
9.12 NO Offsets 319.13 Subordination of the Lien to First
Mortgages 319.14 Transfer of Property 31
9.15 Failure to Fix Regular Assessments 32
9.16 Association Funds 32
9.17 Book of Accounts 32
X DESTRUCTION OF BUSINESS PARK 3210.1 Bids and Insurance Proceeds 32
10.2 Sufficient Insurance Proceeds 3310.3 Insurance Proceeds Insufficient 33
XI DURATION, MODIFICATION AND REPEAL 33
11.1 DJ.ration of Protective Covenants 3311.2 Termination and Modification 33
XII ENFORCEMENT 34
12.1 Enforcement by Board 3412.1.1 Improvements and Unimproved
Lots 3412.1.2 Remedies upon Failure toInstall Landscaping 34
12.1.3 Parking 3512.1.4 Liens 35
12.2 Abatement and Suit 3512.2.1 Preventive Remedies 35
12.2.2 Declarant and/or Association'sRights 3612.2.3 Other Parties' Rights 36
12.2.4 Cumulative Remedies 36
12.2.5 Waiver of Civil Code ofProcedure Section 731(a).... 36
12.3 Deemed to Constitute a Nuisance 3712.4 Attorneys' Fees 37
12.5 Failure to Enforce Not a Waiver ofRights 37
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XIII MISCELLANEOUS PROVISIONS 37
13.1 Assignment of Rights and Duties 3713.2 Constructive Notice and Acceptance 38
13.3 Waiver 3813.4 Mutuality, Reciprocity, Runs with Land.. 38
13.5 Rights of Mortgages 3913.6 Retained Rights; Waiver of Compliance... 3913.7 Reservation of Utility Easetaents 3913.8 Reservation of Grading Easement.... 4013.9 Severance of a Lot 4013.10 Paragraph Headings. 4013.11 Effect of Invalidation 40
13.12 Notices 41
1579
DECLARATION OF PROTECTIVE COVENANTS
FOR
CARLSBAD OAKS EAST BUSINESS PARK
PREAMBLE
THIS DECLARATION OF PROTECTIVE COVENANTS FOR CARLSBAD OAKS
EAST BUSINESS PARK ("Declaration*) is made aa of August 10, 1988,
by CARLSBAD OAKS EAST, LTD., a California limited partnership
("Declarant"), as owner of the real property located in the City
of Carlsbad, County of San Diego, State of California, described
on Exhibit "A" which is attached hereto and incorporated herein
by this reference ("Property").
The Property is subject to this Declaration and will be known
as CARLSBAD OAKS EAST BUSINESS PARK (the "Business Park") .
The Business Park is being developed as a planned conunercial
and industrial complex. The design and development of the Business
Park shall be subject to this Declaration and the Architectural
and Development Guidelines which shall be promulgated hereunder
which are for the purpose of enhancing, maintaining, protectingand improving the values and amenities in the Business Park. This
Declaration is designed to complement and supplement local govern-
ment and municipal regulations, and where conflicts occur, the most
rigid requirements shall prevail. It is assumed that the users
of Lots (as hereinafter defined) in the Business Park will be
motivated to preserve these high qualities through mutual coopera-
tion and by enforcing not only the letter, but the spirit of this
Declaration.
ARTICLE I
Unless the context otherwise specifies, each term defined in
this Article I shall, for all purposes- of this Declaration, have
the meaning herein specified.
1.1 "Annexed Property* shall mean and refer to any and all
real property (including all improvements thereon) which is annexed
to the Property pursuant to the Declaration. The Annexable
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Property that nay be annexed to the Property is described onExhibit "A-l" and depicted on Exhibit "A-2* attached hereto.
1.2 "Application" shall mean and refer to any plans andspecifications or other documentation required to be submitted to
the Architectural Review and Development Committee pursuant to
the provisions of Article VII.
1.3 "Architect* shall mean a person holding a certificate ' —
to practice architecture in the state of California under authority
of Division 3, Chapter 3 of the Business & Professions Code of the
State of California or any successor legislation thereto.
1.4 "Architectural and Development guidelines" shall mean
the guidelines which shall be prepared and issued from time to
time by the Committee for the purpose of assisting users inpreparing buildings, landscaping, site development, and other
plans and other materials (including designs for signs and thelike) which are subject to review by the Architectural Review and
Development Committee pursuant to this Declaration.
1.5 "Architectural Review" and "Development: committee" or
"Committee" shall mean the Architectural and Development Review
Committee created pursuant to Article VI below.
1.6 "Articles" shall mean the Articles of Incorporation of
the Association, as they nay from time to tine be amended, which
are or shall be filed in the Office of the Secretary of State ofthe State of California.
1.7 "Association* shall mean and refer to the CARLSBAD OAKSEAST BUSINESS PARK ASSOCIATION, a California nonprofit mutual
benefit corporation, its successors and assigns.
1.8 "Beneficiary" shall mean a mortgagee under a mortgage —
as well as a beneficiary under a deed of trust.
1.9 "Board" or "Board of Directors" may be used interchange-
ably herein and shall mean and refer to the Board of Directors of
the Association, as the same may, from time to time, be consti-tuted.
1.10 "Business Park" shall mean the real property described
on Exhibit "A* and the Improvements situated thereon, as such realproperty may be augmented or reduced pursuant to the provisions
of this Declaration.
1.11 "Bylaws" shall mean the Bylaws of the Association, asthey may from time to tine be amended.
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1.12 "Daolarant" shall mean CARLSBAD OAKS EAST, LTD., a
California limited partnership ("COE"), or a related entity inwhich COE owns at least fifty percent (50%) of the stock or
partnership interest, and, to the extent provided herein, itssuccessors and assigns if such successors and assigns acquire or
hold title to any part or all of the real property subject to this
Declaration, and are expressly named as successor Declarant in a
document executed lay COE, or a successor Declarant, and recorded
with the County Recorder for San Diego county assigning the rightsand duties of Declarant to such successor Declarant, with such
successor Declarant: accepting and assuming the assignment of suchrights and duties. A successor Declarant shall also be deemed to
include the Beneficiary under any deed of trust securing an
obligation from a then existing Declarant encumbering all or anyportion of the Property, which Beneficiary has acquired any such
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1.13 "Declaration" shall mean this Declaration of ProtectiveCovenants for the Business Park, as it may from time to time be
property by foreclosure, power of sale or deed in lieu of such
foreclosure or sale.
amended or supplemented.
1.14 "Deed of Trust* or "Trust Deed* shall mean a mortgageas well as a deed of trust.
1.15 "Oroos Acreage" or "Gross Acres", for the purpose of
establishing the number of votes for each Lot and the cost assess-
ment for each Lot, shall mean and refer to the number of acres foreach Lot set forth on Exhibit *B" attached hereto and incorporated
herein. Gross Acres for the real property which may be annexed
to this Declaration shall be determined by Declarant at the timesuch property is annexed into the Business Park and shall be set
forth in the notice of annexation described in Section 2.5 below.
1.16 "Improvements" shall mean buildings, outbuildings,underground installations, slope and grade alterations, roads,
curbs, gutters, storm drains, utilities, driveways, parking areas,
fences, screening walls and barriers, retaining walls, stairs,
decks, windbreaks, plantings, planted trees and shrubs, sidewalks,
poles, signs, loading areas, docks and all other structures, land
development or landscaping improvements of every type and kind.
1.17 "Landscape Installation Areas* shall mean and refer to
those portions of each Lot on which each Property Owner shall be
responsible for installing and maintaining landscaping in accor-
dance with the plans which shall have been submitted by the
Property Owner to the Declarant and which shall have been approvedby the Declarant.
1.18 "Landscape Maintenance Areas" shall meen and refer tothose portions of the Property (i) described on Exhibit "C"
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feet (50* } by fifty feet (50') in size over which the Association
shall have an easement and which are to be installed and maintained
attached hereto and incorporated herein, together with (ii) the
area between the public sidewalk and the property line of each Lot
(if no public sidewalk exists, then the Landscape Maintenance Area
shall be limited to the portion of the Lot described on Exhibit
"C") on which are located plantings, ground covers, planted trees,shrubs, other plant materials, walls, sidewalks, embellished
pavement, signs, including signs and monuments identifying theBusiness Park, sculptures, and other landscaping improvements,
together with (iii) those areas of certain Lots which may be set
aside for purposes of identifying the Business Park with entry _
monuments, walls and landscaping, and which are approximately fifty •
3by the Association in accordance with the provisions of this I*
Declaration. The Landscape Maintenance Areas are approximately
depicted in the drawings marked on Exhibit *c-l» and Exhibit "D"
(shown as "Landscape Entry Treatment Area") attached hereto and
incorporated herein. If other real property is later annexed to
this Declaration, the Landscape Maintenance Areas shall then
include such portions of the Annexed Property as are annexed as
Landscape Maintenance Areas.
1.19 "Lessee* shall mean the owner of a leasehold interest
in a part or all of the Business Park.
1.20 "Licensee" shall mean any person or entity having anyright or rights in respect -to a part of the Business Park pursuant f*
to a license granted by the Owner of such part of the Business v-
Park.
1.21 "Lot* shall mean and refer to each legal lot of the **•
Business Park as described on Exhibit "A" or included within any
Annexed Property described on Exhibit "A-l". In the event any of
the Property, now or hereafter subject to this Declaration is
split, resubdivided, or a line or boundary adjustment of one (1)
or more Lots, or merger of two (2) or more Lots is completed, then
each of the Lots thus created shall be deemed to be included within
the definition of Lot.
1.22 "Maintenance and Operation Account" shall mean an
account into which the Board shall deposit funds for maintenance
and operation assessments.
1.23 "Member" shall mean and refer to every person or entity ff
who is a Member of the Association pursuant to Article IV hereof. M
1.24 "Mortgage" shall mean any duly recorded mortgage or
deed of trust encumbering a Lot in the Business Park.
1.25 "Mortgagee" shall mean a Beneficiary under, or a holderof, a deed of trust or a mortgage.
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1.26 "Occupant" shall mean any person or entity who occupiesa part of the Business Park and is not a Property Owner, Lesseeor Licensee. , ^o1.27 "Property Owner* or "owner*' shall mean the legal or : "H
beneficial Owner of a part or all of the Business Park.
1.28 "R«cor4», "R«oord«a" or "Heoordation" shall mean, withrespect to any document, the recordation of said document in the
Office of the County Recorder of San Diego County, California.
1.29 "Rules and Regulations" shall mean and refer to those 'Rules and Regulations adopted by the Association or its Board, <• ^Oincluding any amendments or additions thereto. , m
!-O1.30 "Secured Party" shall mean a secured party under a i f*security instrument. '. jj
"Deed to Secure debt," "Mortgage* or "Deed of Trust
ARTICLE ZZ
PROPERTY SUBJECT TO THIS DECLARATION
General declaration subjecting the Business Park to thisDeclaration and entitling the City, Association, Owners, Licensees,
Occupants and Lessees to the benefit thereof.
2.1 General Plan. Declarant hereby declares that theBusiness Park and every part thereof is and shall be owned (legally
and beneficially), leased, or transferred, developed, improved,built upon or otherwise used, subject to this Declaration. This
Declaration is declared and agreed to be in furtherance of anoverall plan by Declarant and the City of Carlsbad for the develop-
ment, improvement, sale and use of the Business Park and is
established for the purpose of enhancing and protecting the value,desirability and attractiveness of the Business Park and every partthereof.
2.2 Covenants Running with The Land. Declarant herebydeclares that the Business Park is now held, and shall hereafter
be held, conveyed, leased, occupied, operated and used, subjectto the easements, restrictions, conditions, covenants and agree-
ments herein set forth, each and all of which are for, and shallinure to, the benefit of and pass with each and every part or Lotof the Property and shall apply to and bind the heirs, successors
and assigns of any owner or Lessee thereof, and each of which shallconstitute covenants running with the land between the respectiveOwners of such part-, and Lots, and create privity of contract and
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1.31 "Security Instrument" shall interchangeably mean a | FJ
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of estate between all grantees of any such part, or Lot and their
heirs, successors and assigns.
2.3 Splits er Renubdivision ef Lota, No splits or resutodi-
vision of any of the Lots contained in the description set; forth
on Exhibit "A* and shown on the final map as recorded, shall bepermitted without the written consent of the Architectural Review
and Development Committee. In the event a split or resubdivisionof one or more Lots is so approved, each of the Lots created as
a result of the lot split or resubdivision, shall be subject and
bound by this Declaration, the Architectural and Development
Guidelines, and existing laws and regulations of the city of
Carlsbad, San Diego County, State of California.
2.4 Declarant's power. Declarant may, at any time during
the pendency of this Declaration only, add all or a portion of
any land now or hereafter which is owned by Declarant to the
property which is covered by this Declaration, and upon recorda-
tion of a notice of annexation of real property containing at
least the provisions set forth in Section 2.5 of this Article II,the provisions of this Declaration specified in said notice shall
apply to such annexed Property in the same manner as if it wereoriginally covered by this Declaration. Thereafter, to the extent
this Declaration is made applicable thereto, the rights, powers
and responsibilities of Declarant and the Owners, Lessees,
Licensees and Occupants of Lots within such Annexed Property shallbe the sane as in the case of the land described on Exhibit "A."
2.5 Notice of annexation of Land. The notice of annexation
of real property referred to in Section 2.4 above shall contain
at least the following provisions:
2.5.1 A reference to this Declaration statingthe date of recording hereof and the book or books of
the records of San Diego County, California, and the
page numbers where this Declaration is recorded;
2.5.2 A statement that the provisions of this
Declaration, or some specified part thereof, shall apply
to such Annexed Property;
2.5.3 A description of such Annexed Property;
and
2.5.4 such other or different covenants,
conditions, and restrictions as Declarant shall, in itsdiscretion, specify to regulate and control the use,
occupancy and improvement of such Annexed Property.
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ARTICLE III
THE ASSOCIATION * C
3.1 Thq organieat j.on. The Association is a California
nonprofit mutual benefit corporation, charged with the duties and
empowered with the rights set forth herein, in the Bylaws and in 37*
the Articles. Its affairs shall be governed by this Declaration, *'• *•'
the Articles and the Bylaws. On the close and recording of the
first Lot sale to an Owner, the Association shall be charged with
the duties and invested with the powers set forth in the Articles,
the Bylaws and this Declaration, including, but not limited to,
control and maintenance of the Landscape Maintenance Areas,
3.2 govers. The Association shall have all the powers,
rights and duties, in addition to those provided elsewhere in this
Declaration, the Articles and the Bylaws, if any, to: (i) com-
mence and maintain actions or restrain and enjoin any actual or
threatened breach of this Declaration and enforce by mandatory
injunction or otherwise all of the provisions of this Declaration;
(ii) pay taxes, special assessments and other liabilities which
are or would become a lien on the Property; (iii) levy assessments
and perfect and enforce liens as hereinafter provided; (iv) enter
into contracts and perform the duties set forth herein, includingbut not limited to maintenance and repair of the Landscape Mainte-
nance Areas; (v) adopt, amend and repeal rules and regulations as
it deems reasonable; (vi) enter onto the Lots to enforce the
provisions of this Declaration in accordance with the provisionsof Article XII; and (vii) borrow funds to pay costs of operation,
secured by assessment revenues due for succeeding years or by
assignment of pledge of rights against delinquent Property Owners;
provided, however, that the majority vote of the Property Owners,
including Declarant, shall be required to borrow in excess of Ten
Thousand Dollars ($10,000) per annum multiplied by the number of
Lots in the Business Park. Said borrowing may be from Declarant
should Declarant determine to advance funds for which Declarant
shall receive no more than the published Bank of America reference
rate plus one percent (1%) as interest.
3.3 Personal Liability. No Member of the Board, or of any
committee of the Association, or any officer of the Association,
or any manager, or Declarant, or any agent of Declarant, shall bepersonally liable to any Owner, or to any other party, including
the Association, for any damage, loss or prejudice suffered orclaimed on account of any act, omission, error or negligence of
any such person or entity if such person or entity has, on the
basis of such information as may be possessed by him or it, acted
in good faith without willful or intentional misconduct.
3.4 Annual Membership Meetings. The initial Board may call
the first annual meeting of Members at any time, but no later than
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forty-five (45) days after seventy-five percept (75%) of the Lots
shown on the initial covered Property and any recorded Declarationof Annexation are conveyed by Declarant to Owners. Thereafter,
the Association shall hold an annual meeting of the Members in
accordance with the Bylaws of the Association.
3.5 ln«uranc«. The Association shall acquire for the
Association (i) Casualty, (ii) Public Liability, and (iii) Direc-
tors' and Officers' errors and omissions insurance policies. The
Association, acting by and through the Board, nay acquire any
other insurance policies it deems necessary.
ARTICLE XV
ASSOCIATION MEMBERSHIP AMP VOTIHO RIGHTS
4.1 Mamb«r«hip. A Property owner shall automatically, upon
becoming the record Owner of a Lot, be a Member of the Association
and shall remain a Member thereof until such time as his ownership
ceases for any reason, at which time his membership in the Asso-ciation shall automatically cease. Such membership shall be
appurtenant to and pass with the ownership of such Lot. Themembership shall not be transferred, pledged or alienated in any
way, except that a Property owner, upon giving written notice tothe Association, nay give to a Lessee of an entire Lot for a lease
term in excess of five (5) years, a power coupled with an interestto act as Property owner's agent and proxy In all matters relating
to the Association which power and proxy shall automatically
terminate when the Lessee's tenancy ends for any reason. Any
attempt to transfer a membership prohibited by this Section shallbe void and shall not be reflected upon the Association's books
and records. If the Property Owner of any Lot fails to transferthe membership appurtenant thereto upon any transfer, whether
voluntary or involuntary, of the Lot, the Association shall have
the right to record the transfer upon its books and thereupon the
membership outstanding in the name of the prior Property owner
shall be null and void, but any agency and proxy given to a Lesseeunder a power coupled with an interest shall remain in effect
through the period of the lease term and the Lessee's occupancy.
4.: Voting. Each Property Owner, other than Declarant,
shall have one (1) vote for each Gross Acre (rounded off to the
nearest Gross Acre) owned by such Property Owner. Declarant shall
have eight (8) votes for each Gross Acre (rounded off to the
nearest Gross Acre) owned. Thus an Owner of 6.3 Gross Acres shallhave six (6) votes, and the Owner of 1.8 Gross Acres shall have
two (2) votes and the Owner of 3.5 Gross Acres shall have four (4)
votes. The number of gross acres for each Lot is set forth on
Exhibit "B" attached hereto and incorporated herein. Wheneverthere is a vote to be made, pursuant to the terms of this Declara-
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tion, it shall be made in accordance with the provisions of this
Section 4.2 unless otherwise specified.
4.3 Initial Board of Directors. The initial Board of
Directors of the Association shall consist of three (3) directors
and shall be appointed by Declarant upon the incorporation of the
Association and shall hold office until the initial Board calls
the first annual meeting of Members called pursuant to Section
3.4 above.
4.4 Subsequent Board of Directors. At the first meeting of
Members a new Board consisting of five (5) directors may be
elected and such Board shall serve until the next annual meeting.
At each subsequent annual meeting, except as may be otherwise
provided by the Bylaws, the Members shall elect a Board consisting
of five (5) directors who shall serve until the next annual
meeting. The Bylaws may provide for staggered terms and lengths
of terms for directors different than those initially set forth
in this Declaration and jnay provide for a greater or lesser numberof directors than set forth herein; provided, however, in no event
shall there be more than seven (7) directors nor less than three(3) directors. The Board shall undertake all duties and responsi-
bilities of the Association and the management and conduct of theaffairs thereof, except as expressly reserved herein to a vote of
the Members.
4.5 Administration anfl Compliance. Except as to matters
requiring the approval of Members as set forth in this Declara-
tion, the Bylaws or the Articles, the affairs of the Business Park
shall be administered by the Association, through its Board,officers and agents in accordance with the provisions of this
Declaration, and the Bylaws. In the event that the Bylaws are in
any way inconsistent with this Declaration, then this Declaration
shall prevail and control. Each Owner, guest. Lessee, or Occupant
of a Lot shall comply with the provisions of this Declaration, the
Bylaws and Rules and Regulations of the Association, as lawfully
amended from time to tine, and failure to so comply shall be
grounds for (i) an action for damages and/or injunctive relief,
and (ii) such remedies, by legal proceedings or otherwise, as are
available by reason of this Declaration or the Bylaws, each of
which remedies shall be cumulative and in addition to any other
available remedy.
ARTICLE V
ARCHITECTDRfll. AND DEVELOPMENT REVIEW COMMITTEE
There is hereby created an Architectural and Development
Review Committee which shall be organized as follows:
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5.1 coipffljttee Composition. The Committee shall consist of
three (3) persons.
5.2 Alternate Members. There shall also be two (2) alter-
nate members either of whom may be designated by the Committee to
act as a substitute for any member of the Committee in the event
of his unavailability or disability.
5.3 Appointment. The Board shall have the right to appointall members and alternate members of the Committee.
5.4 Removal. The right to remove any member or alternate
member of the Committee shall be and is hereby vested solely in
the Board.
5.5 Terms of office. The term of all Committee members
appointed shall be one (1) year. Any new member appointed to
replace a member who has resigned or been removed shall serve such
member's unexpired tern. Members whose terms have expired may be
reappointed or re-elected.
5.6 Resignations» Vacancies. Any member of the Committee
may, at any time, resign from the Committee upon written notice
to the Board.
5.7 Duties and Appeals. It shall be the duty of the Commit-
tee to perform the functions required of it by this Declaration;
to consider and act upon each Application which is submitted toit pursuant to the terms hereof; to enforce Architectural and
Development Guidelines; and to perform all other duties delegated
to and imposed upon it by this Declaration. Any Property Owner,
Lessee, Licensee cr Occupant may appeal any decision of the
committee to the Board.
5.8 Heatings. The Committee shall meet as often as it, in
its sole discretion, shall deem necessary to properly perform its
duties hereunder. The vote or written consent of any two (2)
members shall constitute an act by the Committee unless the
unanimous decision of its members is otherwise required by this
Declaration. The committee shall keep written records of all
actions taken by it.
5.9 Architectural and Development Guideliaee. The Board
shall, from tine to time, and in its sole discretion, adopt,
amend, by majority vote, rules and regulations, to be known as
Architectural and Development Guidelines. Said Architectural and
Development Guidelines shall interpret and implement the provi-
sions hereof by setting forth (i) the standards and procedures
for Committee review, and (ii) guidelines for improvements which
shall include, but not be limited to, guidelines for the archi-
tectural design of Improvements and site plans, floor plans and
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exterior elevations for Improvements, landscaping designs and
irrigation plans, color schemes, signage and exterior lighting
finishes and materials for use in the Business Park.
5.10 Exercise of Rights. Exercise of the right of appoint-
ment and removal, as set forth herein, shall be evidenced by therecording among the committee's regular records of a declaration
identifying each new Committee member appointed and each member
replaced or removed from the committee.o
ARTICLE VI
RESERVATIONS OF EASEMENTS
6.1 Easements over Landscape Maintenance Areas. The Land-
scape Maintenance Areas are owned by the Owners, as part of their
respective Lots. There is hereby reserved to Declarant, theAssociation or their duly authorized agents and representatives
an easement over each Landscape Maintenance Area for the purpose
of maintenance. In addition, there is hereby reserved over the
Landscape Maintenance Areas for the benefit of Declarant, the
Association and all Property Owners, Licensees and Lessees, an
easement over the Landscape Maintenance Areas for ingress and
egress. Subject to the Association's easement for maintenance and
any other easements or rights specifically provided for herein,
each Owner shall have the exclusive use and enjoyment of the
Landscape Maintenance Areas, or any portion thereof, on his Lot.
6.2 Easements for Maintenance. Declarant hereby reserves
to itself, its successors and assigns, and agrees that it will
grant to the Association, a non-exclusive easament for ingress and
egress over the Lots within the Business Park for the purposes of
repair, reconstruction, restoration, landscaping and maintaining
the landscaping of the Landscape Maintenance Areas.
6.3 Transfer of Easement Bights. Prior to the first convey-
ance of a Lot, Declarant will transfer to the Association owner-
ship and control of easements for the Landscape Maintenance Areas.
The Association will, upon such first conveyance of a Lot or, upon
commencement of regular assessments as provided in Subsection
9.5.2 below, whichever shall later occur, assume the obligation
for and thereafter perform all the maintenance, repair and resto-ration of the Landscape Maintenance Areas. Prior to such grant
of easements or the obtaining of encroachment permits by the
Association, Declarant shall complete the applicable installation
of Improvements, facilities, landscaping and planting.
6.4 Easements Reserved and Granted. Any easements referred
to in this Declaration shall be deemed reserved or granted, orboth x-eserved and granted, by reference to this Declaration, in
a deed to any Lot.
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ARTXCXiB VZZ
REOPLATIOff OF IMPROVEMEHTB
7.1 Approval of Plans.
7.1.1 Approval Required. No Improvement shall
be constructed, erected, placed, altered, maintained or
permitted to remain in the Business Park unless they
conform with federal, state or local regulations and
until plans and specifications and other documentation
required by the Architectural and Development Guidelines
for said Improvements (the 'Application*), which may
include but not be United to site plans, exterior
elevations, materials, colors, landscaping, signage,
exterior lighting and any other information needed to
accurately describe the exterior appearance or func-
tional characteristics of said improvements, have been
submitted to and approved in writing by the Committee.
7.1.2 riling pee. As a means of defraying its
expenses, the committee may institute and require a
reasonable filing fee to accompany the Application based
upon the following schedule:
7.1.2.1 when the Application is pre-
pared by an Architect, the committee review fee
shall be the sum of Two Hundred Fifty Dollars
($250) per building per lot.
7.1.2.2 In all other cases, the Commit-
tee review fee shall be the sum of Five Hundred
Dollars ($500) per building per lot.
7.1.2.3 In the event the Applicationis resubmitted, the Committee may require an
additional filing fee in an amount not to exceedOne Hundred Dollars ($100) for each resubmission.
7.1.2.4 The schedule of review fees
may be modified from time to time by the Committee
to reflect changed circumstances such as inflation.
7.1.3 Baals for Approval. The Committee shall
have the right to disapprove the Application submitted
to it in the event any part of it is: (i) not in
accordance with this Declaration and/or the Architec-
tural and Development Guidelines; and/or (ii) incom-
plete; and/or (iii) are not in compliance with the
relevant governmental approvals and regulations for the
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7.1.5 Proceeding With Work. Upon receipt of
approval from the Committee pursuant to this Section,the Owner, Lessee, Licensee or Occupant:, to whom the
same is directed and delivered, shall, as soon aspracticable, satisfy all conditions thereof and dili-
gently proceed with the commencement and completion ofall approved construction, refinishing, alterations,
excavations and landscaping. In all cases, work shallbe commenced within one (1) year of the date of such
approval. If work is not commenced within one (1) yearfollowing the date of such approval, then the approval
given pursuant to this Article shall be deemed revokedunless the Committee upon request made prior to the
expiration of said one (1) year period, extends the timefor commencing work.
7.1.6 Completion of work. In any event,
construction, refinishing, alteration or excavation ofany such Improvements previously approved under Subsec-
tion 7.1.1 above shall be completed within two (2) years
following the date of such approval, except for so longas such completion is rendered impossible or would
result in great hardships due to strikes, firos,
national emergencies, natural calamities or othersupervening forces beyond the control of the Owner,
Lessee, Licensee or Occupant or his agents. Failure tocomply with this Subsection 7.1.6 shall constitute a
breach of this Declaration and subject the defaultingparty or parties to all enforcement procedures set forth
herein or any other remedies provided by law or in
equity.
7.1.7 Estoppel Certificate. The Committee
shall provide to any Owner an estoppel certificate
within thirty (30) days following receipt of a written
request for same which is accompanied by an ALTA or
certified as-built survey of the Lot if the Committee
does not have an as-built survey in its files. Such
estoppel certificate shall certify that as of the date
hereof (i) all Improvements made or work done on orwithin a Lot comply with this declaration, or (ii) such
Improvements or work do not so comply, in which event
the certificate shall identify the non-complying
Improvements and shall set forth the cause or causesfor such non-compliance. Any lessee, purchaser or
encumbrancer in good faith for value shall be entitledto rely on such certificate with respect to the matters
set forth therein, such matters being conclusive as
between the Committee and all such subsequent parties
in interest.
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7.1.8 Liability. Neither Declarant, theCommittee nor any member thereof nor any agents ofDeclarant or of the Committee shall be liable for any
damage, loss or prejudice suffered or claimed, by any
Property Owner, Lessee, Licensee or Occupant who submits
an Application, and such person or entity who submits
an Application shall forever defend and hold the Declar-
ant, the Committee, the members thereof and the agents
of each harmless from all damage, loss or prejudice
suffered or claimed by any third party on account of (i)
any defects in any plans, drawings, specifications or
other documentation submitted in any Application,
revised or approved in accordance with the foregoing
provisions, or for any structural or other defects in _any work done according to such plans, drawings, speci- ff\
fications or other documentation; (ii) the approval or
disapproval of any Application, whether or not defec-
tive; (iii) the cor-^truction or performance of any work, _whether or not pursuant to an approved Application; or JJH
(iv) the development of any Lot within the Business —Park.
7.2 Limitations on improvements. All limitations contained
herein are supplemental to controls established by zoning,
Specific Plan SP200, building, fire or other jurisdictional codes
and iggulations and the more restrictive shall apply.
7.2.1 Setback tines. Buildings or structures
of any kind or any part thereof shall be subject to the
minimus) setback requirements of the zoning ordinancesof the City of Carlsbad, California, and Specific Plan ^^
SP200 adopted by the City of Carlsbad, California. Gs
7.2.2 Loading Facilities. Loading facilities,
loading docks, loading doors and other service areas
shall be setback a minimum of seventy (70) feet from
any building elevation which fronts on any public orprivate street, and no such loading or loading facili-
ties shall be allowed, constructed or maintained on anyportion of the Business Park without the prior written
approval of the Committee. In no event will a loading
facility be permitted on a building elevation which "^fronts any public or private street. ~
7.2.3 Landscaping. ___
7.2.3.1 Except for portions of any Lotwhich shall be maintained as Landscaping Mainte-
nance Areas by the Association, every Lot on which
a building is constructed in the Business Park
shall be landscaped by the Property owner. Lessee,
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Licensee or Occupant in accordance with the plans
and specifications to be submitted to and approved
by the Committee pursuant to Section 7.1. above.
In general, the Committee will approve only those
landscaping plans which conform with the Architec-tural and Development Guidelines and which provide
for the landscaping and maintenance of the entirearea of the site to be maintained, excluding the
property maintained by the Association. In addi-
tion to the foregoing, landscaping on any land
designated as a Landscape Installation Area shall
be installed and maintained by each Owner in
accordance with plans prepared by the Owner and
approved by the committee.
7.2.3.2 Landscaping for each Lot,
including the Landscape Installation Areas, asapproved by the Committee, shall be installed prior
to the date of occupancy by any Lessee or PropertyOwner or date of substantial completion of the
building, whichever occurs first, unless the
Committee shall have approved in writing anotherfinal date of landscape installation. The term
"substantial completion* shall mean that date on
which final City inspection is obtained for the
building shell.
7.2.3.3 All Lots shall be maintained
in a weed-free condition and free from rubbish or
refuse at all tines.
7.2.3.4 Except for areas maintained as
Landscape Maintenance Areas, the landscaping for
all Lots shall be maintained as provided for inthe Architectural and Development Guidelines. In
the event any act or condition caused by the Prop-erty owner. Lessee, Licensee or Occupant results
in the destruction or removal of any landscaping
within such areas, other than Landscape Maintenance
Areas, the Property Owner, Lessee, Licensee orOccupant shall replace said landscaping with mate-
rials of like size and kind as approved by the
Committee .
7.2.4 fliaaa. Except for the Carlsbad Oaks East
Business Park monument and street signs, no sign, bill-board, or other advertising shall be erected, placed or
maintained within the Business Park without specific
written approval by the Committee and which:
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7.2.4.1 Is not in accordance with any
applicable governmental regulations; and
7.2.4.2 Makes identification other thanthe name, business and logo of the person or firm
occupying the premises or those offering the
premises for sale or for lease; and
7.2.4.3 Does not conform to the theme,
size, style and location as set forth in the
Architectural and Development Guidelines or as
approved by the Committee; and
7.2.4.4 Exceeds nine (9) square feet
in size in the case of "For Sale" or "For Lease"
signs. In no event shall more than one (1) of said
types of signs be permitted for each Lot.
7.2.5 Parking areas.
7.2.5.1 Paved off-street parking asrequired by rules of any applicable governmental
authority of the City of Carlsbad or the County ofSan Diego or the State of California, or by any
rules enacted by the Committee (providing suchrules are not in conflict with any applicable
governmental requirement) shall be provided by eachProperty Owner, Lessee, Licensee or Occupant on his
Lot to accommodate all parking needs for employee,visitor, business invitee and company vehicles.
The Committee shall have the authority to disap-prove any Application for the construction of any
building in the Business Park if such plans do not
provide for paved off-street parking in compliance
with this Subsection 7.2.5. The intent of theseprovisions is to eliminate the need for any on-
street parking. If parking requirements increase
as a result of a change in use or number ofemployees, additional off-street parking shall be
provided to satisfy the intent of this Section andeliminate the need for any on-street parking which
will be absolutely prohibited.
7.2.5.2 No parking shal 1 be approvedor permitted between the fronts of any building
and the street without specific written approval
from the Committee and upon submission of an
Application -to the Committee showing screening and
concealing of automobiles from the street.
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7.2.5.3 Any area used for parking shallbe paved, striped and curbed.
7.2.5.4 No on-street parking within
the Business Park will be permitted.
7.2.5.5 Each Property Owner shall berequired, and peclarant covenants and agrees on
behalf of itself and its successors and assigns,to incorporate in each lease of space in any
building located in the Business Park the follow-
ing provisions:
"On-street vehicle parking of any
nature whatsoever of any type by tenant,
its employees and business invitees is
absolutely prohibited, and a violation
of this prohibition shall be deemed to
be a default under this lease and shall
further constitute a violation underthe certain Declaration of Protective
Covenants recorded '198 , as Document Number ,in the Official Records of the County
Recorder's Office of San Diego County."
7.2.5.6 The parking requirement andt'sffic circulation patters may be modified by the
Committee as to any particular Lot as a conditionto the approval of plans and specifications.
7.2.5.7 No parking will be approved or
permitted within the Landscape Maintenance Areas
without the written approval of the Committee.
7.2.6 ptoraoe and leading Areas.
7.2.6.1 Loading doors, docks, facili-ties or other service areas shall be set back in
accordance with Subsection 7.2.2.2 and shall be
screened from view from the street.
7.2.6.2 No materials, supplies, ner-
chandiee or equipment, including company-owned or
operated trucks, shall be stored in any area on a
Lot except inside a closed building, or behind avisual barrier screening such areas so that they
are not visible from the neighboring Lots or public
streets.
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7.2.6.3 Loading doors, docks, facili-ties and other service areas shall be adequately
screened with landscaping, fencing or concretewalls to minimize the effect of their appearance
from any street, freeway, expressway or neighbor-ing property.
7.2.7 Exterior Lighting. Exterior lighting
shall conform to the Architectural and Development
Guidelines and not overwash property lines unless
approved by the committee, nor be of such intensity,
size, color or location as to be a nuisance to otherProperty Owners or the public.
7.2.8 Utility frinep and antennas. No sewer,
drainage or utility lines or wires or other devices for
the communication or transmission of electric current,power, or signals including telephone, television,
microwave or radio signals, shall be constructed, placedor maintained anywhere in or upon any Lot other than
within buildings or structures unless the sane shall be
contained in conduits or cables constructed, placed or
maintained underground or concealed in or under buildingor other structures. No antenna or disc for the trans-
mission or reception of telephone, television, microwave
or radio signals shall be placed on any Lot unless
(i) such antenna, whether on the ground or on a build-ing, is screened front the view of surrounding properties
in a manner satisfactory to the committee; and (ii) the
consent of the Committee shall first have been obtained.
Nothing contained herein shall be deemed to forbid the
erection or use of temporary power or telephone facili-ties incidental to the construction or repair of
Improvements on any Lot.
7.2.9 Refuse Collection areas. All outdoor
refuse collection areas shall be located at the rear of
the Lot, and in no case within one hundred (100) feet
from any property line adjacent to a public street.
Such areas shall be completely enclosed and screened by
a wall constructed of durable material not less thansix (6) feet in height, an opaque door, and by appropri-
ate landscaping. All such areas shall have concretefloors and shall be sufficient in size to contain all
refuse generated by each Lot, but in no event smallerthan six (6) feet by eight (8) feet unless otherwise
specified by the City of Carlsbad and approved by theCommittee. No refuse collection areas shall be per-
mitted in the area adjacent to any Improvement which
fronts upon a public street unless prior writtenapproval is obtained from the Committee.
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ARTICLB V2II
IAMP OIABBIPICMICM. PERMITTED ftNP RESTRICTIONS lO
8.1 Land claBBJgioation. All land within the Business Parkis zoned PK for industrial, research and development facilitiesand office buildings. If real property is annexed to the Businesspark, its land use classification shall be established by the
declaration of annexation.
8.2 Permitted Oaaat Kuiaancus; Property Maintenance.
8.2.1 »ernitt«d_.Qp.«r»t jc^» ana Psas . Theimprovement, operation and use of a Lot shall berestricted to office, engineering, research, warehous-ing and light and medium manufacturing operations andaccessory uses incidental thereto, and such retail and
commercial operations, expressly approved by the Commit-tee in writing, as may be of service to, and in harmony
with, a quality industrial park development, all of suchnature and type as will not create or emit offensive,
hazardous or excessive quantities of dust, dirt, flyash, smoke, noise, fumes, odors or vibrations, or create
fire, explosion or other hazards, upon written requesttherefor, the Committee shall be provided with evidence
that property controls, measures, or devises will beprovided to insure and protect the interest, safety, andgeneral welfare of other occupants of the Business Parkfrom any and all such nuisances or hazards. All City,County, State or Federal laws, codes or ordinances shallbe complied with.
8.2.2 Specifically Prohibited Uses. No lot
shall be used for an activity or purpose, in addition
to those otherwise listed in this Section, consideredby the Committee in its sole and absolute discretion tobe objectionable as an intrusion into the environment
of sound, odor, visual effect or physical impact whichin its opinion will disturb or tend to disturb the other
Owners, Lessees or Occupants in the Business Park orwhich is deemed to constitute a nuisance. Operations
and uses which will not be permitted on any Lot include,without limitation, the following:
1. Residential;
2. Camping;
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3. Mobile home sales and storage yards
or trailer or recreational vehicle courts or sales
facilities;
4.
5.
operations;
6.
Labor camps;
Junk yards and auto dismantling
Distillation of bones;
7. Dumping, disposal, incineration or
reduction of garbage, sewage, dead animals, refuse
or silage;
8. Saw or planing mills;
9. Manufacturing, excavation (if appli-
cable) or production of cement, lime asphalt,
gypsum, fireworks, vood pulp or the like;
10. Production of fish products, sauer-
kraut, vinegar or the like;
animals;
ores;
11. Fat rendering;
12. Stockyard or slaughtering of
13. Surface mining operations;
14. Smelting of iron, tin, zinc or other
15. Cemeteries;
16. Tent shelters or storage facilities;
17. Processing of sugar beets;
18. Gasoline service stations, garages
and auto repair, automotive paint and body shops;
19. Drilling for and/or the removal of
gas or oil;
20. Refining of petroleum or other
hydrocarbon products or by-products or the storage
of such products and by-products;
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21. Manufacturing, distillation or
storage of chemicals (unless such storage is
incidental to other permitted activities, is not
in bulk, and has been approved by the Committee)
or any other operation involving offensive odors,
noise levels or air pollution or such other opera-
tion or use which is deemed by the Committee in its
sole and absolute discretion to be dangerous,unsafe, offensive or harmful to the senses or whichis deemed to constitute a nuisance;
22. Jail or detention facilities; and
23. Truck terminals.
8.2.3 Nuisances. No Property Owner, Lessee,
Licensee or Occupant shall create a nuisance in the
Business Park or other property in the vicinity of the
Business Park. No rubbish or debris of any kind shall
be placed or permitted to accumulate upon or adjacentto any lot, and no odors shall be permitted to arise
therefrom so as to render any Lot or portion thereofunsanitary, unsightly, offensive or detrimental to any
property in the vicinity thereof or to the Occupants
thereof after the initial occupancy or during the
initial construction or operation of the Improvements.
No use or operation shall be conducted in the Business
Park which is noxious, objectionable, unsightly ordetrimental to others in any manner and due to any
cause, such as but not limited to, vibration, sound,electro-mechanical disturbances, electro-magnetic
disturbances, radiation, air to water pollution, dustor emission of odorous toxic and non-toxic matters.
8.3 Maintenance.
8.3.1 general. Notwithstanding the existence
of any insurance covering an Owner, the Association, or
both, against loss, damage and destruction, the Associa-
tion and each Owner shall have the affirmative obliga-
tion for maintenance, repair and restoration as setforth in this Article.
8.3.2 Property Owner/a Obligation for PropertyMaintenance ana Repair of Building. All Lots and
Improvements, excluding the Landscape Maintenance Areas,but including the Landscape Installation Areas, whether
occupied or unoccupied, shall at all tine be maintainedby the Property Owner in such a manner as to prevent
their becoming unsightly by reason of unattractive
growth or the accumulation of rubbish or debris there-
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on. No Lot or Improvement in the Business Park shallbe permitted by its Owner, Lessee, Licensee or Occupant
to fall into disrepair, and each such Lot and Improve-
ment shall at all tines be kept in good condition and
repair and adequately painted or otherwise finished.
8.3.3 Drainage. No Owner shall interfere with
or obstruct the established surface drainage patternover any Lot, unless and adequate alternative provision
is made for the proper drainage and is first approved
in writing by the Architectural and Development Review
Comaittee and the City of Carlsbad. Any alteration ofthe established drainage pattern must at all times
comply with all applicable local governmental ordi-nances. For the purpose hereof, "established* drainage
is defined as the drainage which exists at the tine the
overall grading of a Lot is completed by Declarant.
Water from any Lot nay drain into adjacent streets, butshall not drain onto adjacent Lots unless an easement
for such purposes is granted herein or in the recordedsubdivision map for the Business Park. Declarant hereby
reserves for itself and its successive owners, over
areas of the Business Park, easements for drainage from
slope areas and drainage ways constructed by Declarant.
8.3.4 Lateral Support. Each owner shallmaintain his Lot with sufficient landscaping and plant-
ings so as to prevent erosion upon his Lot that will
result in damage to that Lot or to any adjacent Lot.
No Owner shall perform any excavation upon his Lot that
will result in damage to any adjacent Lot.
8.3.5 The association's Obligation for Mainte-nance and Repairs. The Association shall maintain the
Landscape Maintenance Areas, including all improvements,
facilities, landscaping and planting thereon in good
condition and repair, and more specifically as follows;
8.3.5.1 Landscape Maintenance areas.
The Landscape Maintenance Areas shall be maintained
by the Association in a high quality manner and in
accordance with industry landscaping standards.All aspects of landscaping, including but not
limited to mowing, pruning, trimming, weeding,planting, fertilizing and irrigation shall be
performed in a professional manner.
8.3.5.2 Cost of Maintenance. The cost
of the normal maintenance for which the Associationis responsible under this Section shall be assessed
as part of the regular assessments in accordance
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with the provisions of Section 9.5, provided,
however, that any maintenance, repair or replace-
ment of the Landscape Maintenance Areas which ic
not covered by insurance and which results from the
negligence or willfulness of an Owner, Lessee, an
Owner's guest or the occupant of an Owner's Lot
shall be performed by the Owner of the Lot at the
Owner's expense but if the Owner fails to perform
the maintenance within the time demanded by the
Association, the Association may do so and the cost
thereof shall be an assessment, lien, and obliga-
tion of such Owner and shall be due and payable as
provided in Section 9.7.
8.4 Pamaoe ana Destruction Affacting Lota -- Duty to
Rebuild. If all or any portion oC a Lot or any Improvement on
any such Lot, other than within the Landscape Maintenance Areas,is damaged or destroyed by fire or other casualty, it shall bethe duty of the Owner of such Lot to (i) rebuild, repair or recon-
struct the Lot and the Improvements thereon in a manner which will
restore them to a condition and appearance approved by the Commit-
tee and the City of Carlsbad, (ii) raze and remove the damaged
Improvements, restoring the Lot to substantially its original
unimproved condition, or (iii) any combination of the above, all
in a manner satisfactory to the Committee. The owner of any Loton which damaged Improvements are located shall be obligated to
proceed with all due diligence hereunder, and such Owner shall
cause cleanup and/or reconstruction to commence within three (3)
months after the damage occurs and to be completed within nine (9)
months after damage occurs, unless prevented by causes beyond hisreasonable control.
8.5 Insurance obligation of Owners. Each Owner shall insure
his Improvements against loss or damage by fire or by any other
casualty, under the standard form of extended endorsement now in
use in the State of California or under such other insurance as
may be required by any Mortgagee of a first Mortgage on his Lot
or by any Beneficiary of a first deed of trust encumbering his
Lot. All such insurance shall be in an amount as near as practi-cable to the full replacement value of the building and appurte-
nant Improvements, without deduction for depreciation or coinsur-
ance.
8.6 Variances, other Operations ana Uses.
8.6.1 Variances. The Board is hereby autho-
rized and empowered to grant variances for commercial
or retail uses within the Business Park in addition to
those listed in Subsection 8.2.1 and to further grant
reasonable variances from the provisions of this Decla-
ration, or any portion hereof, in order to overcome
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practical difficulties and to prevent unnecessary hard-ship in the application of the provisions contained
herein. Provided, however, that the Owner seeking thevariance has obtained all acquired governmental
approvals and the variances do not materially injure any
of the Lots or Improvements in the Business Park, and
shall otherwise be subject to and conform with all
applicable laws, ordinances, rules and regulations,
including but not limited to zoning regulations, of any
governmental agency or political entity having juris-diction over the Business Park. No variance granted
pursuant to the authority granted herein shall consti-
tute a waiver of any provision of this Declaration as
applied to any person or real property.
8.6.2 Specially Permitted OB ..-rations and Uses.Operations and uses which are neither specifically
prohibited nor specifically authorized by this Declara-tion may be permitted in a specific case if approved in
writing by the Committee and permitted by the City ofCarlsbad. Approval or disapproval shall be based upon
consideration of the effect of such operations or useson other property subject to this Declaration upon the
occupants thereof.
ARTICLE IX
PJTOPB AHP ASSESSMENTS
9.1 Creation of Lien and Personal Obligation for assess-
ments. Declarant, for each Lot owned within the Business Park.,
hereby covenants, and each Property Owner, by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed,
is deemed to covenant and agrees to pay to the Association: (i)
regular assessments as hereinafter described, (ii) special assess-
ments, such assessments to be established and collected as herein-
after provided, and (iii) such other assessments which the Boardis authorized to levy pursuant to the provisions of this Declara-
tion. The regular and special assessments, together with inter-est, costs and reasonable attorney's fees, shall be a charge on
the land and shall be a continuing lien upon the Lot against which
each such assessment is made, the lien to be effective upon
recordation of a notice of delinquent assessments. Each such
assessment, together with interest, costs and reasonable attor-ney's fees, shall also be the personal obligation of the person
who was the owner of such Lot at the time when •the assessment felldue. The personal obligation for delinquent assessments shall not
pass to his successors in title, unless expressly assumed by
them. If more than one person or entity was the Owner of a Lot,
the personal obligation to pay such assessment or installment
respecting such Lot shall be both joint and several.
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9.2 Purpose of Assessments. The aBSessments levied by the
Association shall be used exclusively to enhance, maintain andprotect the desirability, attractiveness and safety of the Busi-
ness Park and for the improvement and maintenance of the Landscape
Maintenance Areas, and to reimburse the Association for the costs
incurred in bringing a Property Owner into compliance with the
Articles, Bylaws, Declaration and Rules and Regulations adopted
by the Board.
9.3 Budget a and Financial Statement a of the Association.
The following financial information shall be regularly prepared
and distributed by the Board to all Members of the Association:
9.3.1 Prior to the beginning of each fiscal
year of the Association, the Board shall prepare o;
cause to be prepared and distribute to all Members of
the Association an operating budget for each fiscal year
setting forth the estimated revenues and expenses forsaid fiscal year and the total cash reserves of the
Association currently available for expenditures.
9.3.2 After the close of the Association's
fiscal year the Soard shall prepare and distribute toeach Member a balance sheet and operating (income)
statement for the fiscal year.
9.4 funds. The Association shall establish and maintain an
operating fund (the "Maintenance and Operation Account") intowhich the Board shall deposit all funds paid to the Association
as maintenance and operation assessments. The Association shallalso maintain a reserve fund ("Reserve Account") into which tlie
Board shall deposit all funds collected as reserves for contin-
gencies and the repair and replacement of Improvements. All fundsshall be held in trust by the Association for the use and benefit
of its Members and shall only be used for and apply to the common
specific purpose for each assessment as hereinafter set forth.
9.5 Regular Assessments.
9.5.1 Purpose. Regular assessments shall beused exclusively for all expenses incurred by the
Association for (a) the administration, operation and
maintenance of the Landscape Maintenance Areas; and (b)carrying out the duties and obligations required under
this Declaration.
9.5.2 Date ot commencement cf Regular Assess-ments. The regular assessments provided for in this
Article IX shall commence as to all Lots on the firstday of the month following the conveyance of the first
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Lot by Declarant to a Property Owner; provided, however,
that the Declarant may, at its option delay the start
of regular assessments so long as Declarant performs all
maintenance and other obligations of the Association at
its sole cost and expense. The first regular assessmentshall be adjusted according to the number of months
remaining in the calendar year. 3
9.5.3 Budget. Not more than sixty (60) days 5
before the beginning of each fiscal year of the Associa- p
tion, the Board shall meet for the purpose of establish- •
ing the regular assessment for the forthcoming fiscal ~
year. At such meeting the Board shall review the ' J*
pro forma operating statement or budget prepared in £accordance with Section 9.3 above, and written comments
received from any Member and any other informationavailable to it and, after making any adjustments that
the Board deems appropriate, without a vote of theMembers of the Association, shall establish the regular
assessment for the forthcoming year; provided, however,that the regular assessment may not increase in any
subsequent year by more than twenty percent (20%) above fthe regular assessment for the previous year. Any £
increase in the amount of the regular assessment in J
excess of twenty percent (20%) shall require the vote
or written consent of the Association Members, includ-
ing the Declarant, owning a majority of the Gross Acres ] p
in the Business Park. 2lp9.5.4 Payment of Assessments. Regular assess- <•
ments shall be due and payable by the owners to the *J
Association in advance in four (4) equal quarterly Q
installments, on or before the first day of January, _
April, July and October of each calendar year, or in Csuch other manner as the Board shall designate. £
9.6. Special Assessments. ~
49.6.1 Purpose. Special assessments may be
levied by the Board if the Board determines that the
estimated total amount of funds necessary to defray theexpenses of the Association for a given fiscal year is
or will become inadequate to meet expenses due to
unanticipated delinquencies, costs of construction or
unexpected repairs, replacements or reconstruction of
the capital improvements in the Landscape Maintenance
Areas, or if funds are otherwise required for any autho-
rized activity of the Association.
9.6.2 Budgeting. The Board shall determine
the approximate amount necessary to defray the expenses P
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set forth in Subsection 9.6.1 above, and, if the amountis approved by a majority vote of the Board, it shall
become a special assessment; provided, however, thatthe Board nay, in its discretion, pro rate such special
assessment over the remaining months of the fiscal yearor levy the assessment immediately against each Lot.
Any special assessment in excess of ten percent (10%)of the budgeted gross expenses of the Association for
the fiscal year in which a special assessment is leviedshall require approval by a majority of the voting power
vote of the members of the Association, includingDeclarant.
9.6.3 Tina and Hannar of Payment. Special
Assessments shall be due and payable within fifteen (IS)
business days after a Member receives written noticefrom the Board specifying the amount of the specialassessment, unless the Board specifies in such notice
a later date for payment.
9.7 Reimbursement Assessment. The Board may levy a reim-bursement assessment against any Owner who fails to comply with
this Declaration, the Rules and Regulations or the Architecturaland Development Guidelines in an amount equal to any moniesexpended by the Association in performing its functions under this
Declaration or in the imposition of a fine or penalty pursuant to
this Declaration.
9.8 Capital improvement assessment.
9.8.1 Purpose, capital improvement assessments
may be levied by the Association in any assessment year,
applicable to th<t year only, for the purpose of defray-ing, in whole or in part, the cost of construction ofany Improvements deemed reasonably necessary by the
Board for the benefit of the Business Park provided that
any capital improvement assessment in excess of five(5%) of all assessments budgeted for that fiscal year
shall require approval by vote or written consent of amajority of the voting power of the Members of theAssociation, including Declarant.
9.8.2 Tine and Manner of Payment. Capital
improvement assessoents shall be due and payable by allOwners in such installments and during such period or
periods as the Board shall designate for the paymentthereof.
9.9 Bate of Assessment. All assessments (other than aspecial assessment levied against a Property Owner to bring the
Property owner or his Lot into compliance with the Declaration,
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Articles, Bylaws or rules and regulations of the Board) shall be
fixed based upon the proportion of Gross Acres of land owned by
each Owner in relationship to the total Gross Acreage in theBusiness Park. In the event of resubdivision of any Lots, the
assessment shall be reallocated to such resubdivided Lots based
upon the number of gross acres in the resubdivided Lot to the
total Gross Acres of the Lot before resubdivision.
9.10 Estoppel Certificate. The Board, on not less than
twenty (20) days prior written request accompanied by a copy ofan ALTA survey furnished by Owner, shall execute, acknowledge and
deliver to the party making such request a statement in writing
stating whether or not to the knowledge of the Association, a
particular Owner is in default as to his Lot under the provisionsof this Declaration and further stating the dates to which
installments of assessments, regular or special, have been paid
as to such Lot. Any such certificate may be relied on by any
prospective purchaser of the Lot, but reliance on such certificate
may not extend to any default not involving the payment of assess-ments of which the signer had no actual knowledge.
9.11 collection of Assessmentst Liens.
9.11.1 Right to Enforce. The right to collect
and enforce assessments is vested in the Board actingfor and on behalf of the Association. The Board or its
authorized representative, can enforce the obligationsof the Owners to pay assessments provided for in this
Declaration by commencement and maintenance of a suit
at law or in equity, or the Board may foreclose by
judicial proceedings or through the exercise of the
power of sale pursuant to Subsection 9.11.2 below
enforce the lien rights created. Suit to recover a
money judgment for unpaid assessments, together with
all other amounts described in this Subsection 9.11.1
shall be maintainable without foreclosing or waiving
the lien rights.
Notwithstanding anything else to the contrary
herein, a monetary penalty imposed by the Association
as a disciplinary measure for failure of a Member to
comply with governing instruments or as a means ofreimbursing the Association for costs incurred by the
Association in the repair of damage to the LandscapeMaintenance Area or the other Improvements for which
the Member was allegedly responsible or in bringing theMember into compliance with the governing instruments
of the Association may not be characterized nor treated
as an assessment which may become a lien against theMember's Lot. enforceable by a sale of the interest
hereunder. The limitation in the preceding sentence,
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however, does not apply to charges imposed against aMember consisting of the late payment penalties for
delinquent assessments and/or charges to reimburse theAssociation for the loss of interest and for costs
reasonably incurred (including attorney's fees) in
efforts to collect delinquent assessments.
9.11.2 Creation of Lion. If there is a failureto pay any assessment within thirty (30) days after the
due date, or installment on a Lot, any amounts that aredelinquent, interest at the rate of twelve percent (12%)
per annum from the date thirty (30) days after the duedate and a late charge of five percent (5%) on the
outstanding balance and all costs that are incurred by
the Board or its authorized representative in the
collection of the amounts, including reasonable attor-
ney's fees, shall be a lien against such Lot upon the
recordation in the Office of the County Recorder of San
Diego County of a notice of assessment as provided in
California Civil Code §1356. The notice of assessmentshall not be recorded unless and until the Board or its
authorized representative has delivered to the delin-
quent Owner or Owners, not less than fifteen (15) days
before the recordation of the notice of assessment, a
written notice of default and a demand for payment, and
unless such delinquency has not been cured within said
fifteen (15) day period. The lien shall expire and be
void unless, within one (1) year after recordation of
the notice of assessment, the Beard or its authorizedrepresentative records a notice of default as provided
hereinafter or institutes judicial foreclosure proceed-ings with respect to such lien.
9.11.3 Notice of Default! Foreclosure. Hot more
than one (l) year nor less than fifteen (15) days after
the recording of the notice of assessment, the Board or
its authorized representative may record a notice of
default and can cause the Lot with respect to which anotice of default has been recorded to be sold in the
same manner as a sale is conducted under CaliforniaCivil code §§§2924, 2924b and 2924C, or through judicial
foreclosure. However, as a condition precedent to theholding of any such sale under §2924c appropriatepublication shall be made. In connection with any sale
under §2924c the Board is authorized to appoint its
attorney, any officer or director, or any title insur-
ance company authorized to do business in California astrustee for purposes of conducting the sale. If a
delinquency is cured before sale, or before completinga judicial foreclosure, the Board or its authorized
representative shall cause to be recorded in the office
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of the county recorder of the county in which the devel-opment is located a certificate setting forth the satis-
faction of such claim and release of such lien uponpayment of actual expenses incurred, including reason-
able attorneys' fees by any delinquent Owner. On becom-ing delinquent in the payment of any assessments, or
installments each delinquent Owner shall be deemed tohave absolutely assigned all rent, issues and profits
of his Lot to the Association and shall further be
deemed to have consented to the appointment of a
receiver (which appointment may, at the election of the
Association, be enforced by the Association throughspecific performance) . The Association, acting on
behalf of the Owners, shall have the power to bid upon
the Lot at foreclosure sale and to acquire, hold, lease,
Mortgage and convey the Lot.
9.12 Ho Off seta. All assessments shall be payable in the
amounts specified by the particular assessment and no offsetsagainst such amount shall be permitted for any reasons, including,
without limitation, a claim that the Association is not properly
exercising its duties of maintenance, operation or enforcement.
9.13 Subordination of the Lien to First Mortgages. The lien
of assessment herein shall be subordinate and subject only to the
lien of any first Mortgage now or hereafter placed upon any Lot
subject to assessment which has been made in good faith and for
value recorded in the Office of the San Diego County Recorder
prior to the recordation of any such assessed lien, and the saleor transfer of any Lot pursuant to judicial or nonjudicial fore-
closure of a first Mortgage shall extinguish the lien of suchassessments as to payments which became due prior to such sale or
transfer. Mo sale or transfer shall relieve such Lot from lienrights for any assessments thereafter becoming due nor from the
lien of any subsequent assessment. Where the Mortgagee of a first
Mortgage or other purchaser of a Lot obtains title to the same as
a result of foreclosure, such acquirer of title, his successorsand assigns, shall not be liable for the share of the common
expenses or assessments by the Association chargeable to such Lotwhich became due prior to the acquisition of title to such Lot by
such acquirer, except for a share of such charges or assessments
resulting from a reallocation of such charges or assessments which
are made against all Lots.
9.14 Transfer ot Property. After transfer or sale of any
Lot within the Business Park, the selling Owner or Owners shall
not be liable for any assessment levied on his Lot after the dateof such transfer of ownership and written notice of such transfer
is delivered to the Association. The selling Owner shall stillbe responsible for all assessments and charges levied on his Lotprior to any such transfer.
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9.15 Failure to Fix Regular Assessments. The omission by
the Board to fix the regular assessments hereunder before the
expiration of any year, for that or the next year, shall not be : f^
deemed either a waiver or modification in any respect of the | VJ
provisions of this Declaration or a release of the Owner from the
obligation to pay the assessments or any installment thereof for
that or any subsequent year, but the assessment fixed for the
preceding year shall continue until a new assessment is fixed.o
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9.16 association runda. The assessments collected by the
Association shall be property deposited into two (2) separate
accounts with a savings and loan association or bank selected bythe Board, which accounts shall be clearly designated as the - -
Maintenance and Operation Account and the Reserve Account. The l_»l
funds collected shall be deposited into the appropriate accountsand said accounts shall be separately maintained by the Associa-
tion. Upon sale or transfer of any Lot by any Owner, the Owner's
interest in such accounts shall be deemed automatically trans-ferred to the successor transferee of such Owner. In the event
the Board retains a professional management service, the Boardmay delegate the authority to deposit or withdraw funds to respon-
sible representatives of the professional management agent soretained. Said professional management agent may additionally be
authorized to establish a common trustee account for deposit ofassessments as collected.
9.17 Boefr. of Accounts. The Board shall maintain full,
complete and correct books of account of the operation of the
Business Park. The books of account shall be available for
inspection by any Lot Owner during reasonable business hours.Any Lot Owner, or the duly authorized representative thereof, may
at any time and at his own expense cause an audit or inspection
to be made of the books and records of the Association for any
period not previously audited. The Board may, at its option,
cause an audit to be made at the Association's cost and expense.
Said books and records shall accurately detail the receipts andexpenditures affecting the Landscape Maintenance Areas, specify-
ing and itemizing the maintenance and repair expenses of the
Landscape Maintenance Areas and any other expenses incurred.
ARTICLE X
DBBTRDCTIOW OF BUSINESS PARK
10.1 Bids and Insurance Proceeds. As soon as practicable
after the damage or destruction of all or any portion of theLandscape Maintenance Areas, the Board shall (i) obtain bids from
at least two (2) reputable contractors, licensed in California,
which bids shall set forth in detail the work required to repair,reconstruct and restore such damaged or destroyed portions of the
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Landscape Maintenance Areas to substantially the same condition
as existed prior to such damage and the itemized cost of such
work, and (ii) determine the amount of all insurance proceedsavailable to -the Association for tha purpose of effecting such
repair, reconstruction and restoration.
10.2 Sufficient Insurer - a Proceeds . If upon such damage or
destruction the insurance proceeds available to the Association
are sufficient to effect the total repair, reconstruction and
restoration of the damaged or destroyed portions of the Landscape
Maintenance Areas, then the Association shall cause such to be *repaired, reconstructed and restored to substantially the saica
condition as the same existed prior to such damage or destruction.
10.3 Insurance Prooatfls Insufficient. If upon such damage
or destruction the proceeds of insurance available to the Associa- f
tion are insufficient to cover the cost of repair, reconstructionand restoration of the damaged or destroyed portions of the i
Landscape Maintenance Areas, the Board shall then be authorized Vto specially assess all Lots proportionate to the Gross Acres of ft
land in each Lot in relationship to the total Gross Acreage in the
Business Park for all additional funds needed to comply with theobligation of the Association to maintain the Landscape Mainte-
nance Areas in accordance with Article IX hereof.
ARTICLE XI
DURATION. MODIFICATION AMD REPEAL
11.1 Duration of Protective Covenants. This Declaration
shall continue and remain in full force and effect at all timeswith respect to the Business Park and each part thereof, now or
hereafter made subject thereto (subject, however, to the right to
amend and repeal as provided in Section 11.2) for a period com-
mencing on the date of the recordation of this Declaration with
the Office of the county Recorder of San Diego County, California,
and ending on March 1, 2014; unless, within one (1) year prior toMarch 1, 2014, there shall be recorded an instrument extending the
term of this Declaration signed by the Property Owners owning not
less than seventy-five percent (75%) of the Gross Acres in the
Business Park.
11.2 Termination and Modification. This Declaration, orany provisions hereof, may be terminated, extended, modified or
amended, by the vote or written consent of sixty-six and two-thirds percent (66-2/3%) or more of the voting power of Members
of the Association; provided that each such termination, exten-
sion, modification or amendment shall apply uniformly to all
property in the Business Park? and further provided, however, thatso long as Declarant owns any part of the Business Park, or for a
period of fifteen (15) years from the date of recordation hereof,
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whichever is shorter, no such termination, extension, modificationor amendment shall be effective without the written approval of
Declarant thereto. No such termination, extension, modificationor amendment shall be effective until a written instrument setting
forth the terms thereof is duly executed by the Board and Declar-
ant, in the event Declarant's approval is required; provided,however, that any part of the Business Park which is subsequentlyconveyed or dedicated by Declarant for use as a public roadway or -^
other public use may be conveyed or dedicated free and clear of C3this Declaration by execution and delivery of a deed by Declarant SC
to the appropriate governmental body. •Jjj|
ARTICLE XXI _.20
ENFORCEMENT HI
12.1 Enforcement bv Board.
12.1.1 Improvements and Unimproved Lota. AllImprovements and Lots shall be maintained in an attrac-
tive, sightly and well-kept condition and in accordancewith the approved plans and specifications therefore.
In the event any such Improvement or Lot is not somaintained, the Board shall notify the Property Owner C/J
or Lessee in writing by registered mail that said ^
Improvement or Lot is not being properly maintained. -31If such maintenance is not effected by the Property ^
Owner or Lessee within thirty (30) days from the dateupon which the Board sent such notice to the Property
Owner or Lessee, the Board, or its designee, shall havethe right to the extent permitted by applicable laws,
to enter upon the Lot for the purpose of maintaining,
restoring or repairing said improvement or Lot. Thecosts incurred by the Board in restoring, maintaining
or repairing said Improvement or Lot plus twenty-fivepercent (25%) allowance for overhead shall be borne by
the Property Owner or Lessee and shall be paid on demandto the Board or to such other person or entity desig-
nated by such Board.
12.1.2 Remedies Upon Failure to Install Land-
scaping. In the event the landscaping approved pursuant
to Subsection 7.2.3.2 of Article VII above has not beeninstalled within the required period, the Board shallnotify the Property Owner or Lessee in writing that the
landscaping is to be installed within thirty (30) days
from the date of such notice. If the landscaping hasnot been installed within such additional thirty (30)day period, the Board or its designated agent shall havethe right to ths extent permitted by applicable laws,to enter upon the Lot for the purpose of installing the
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approved landscaping. The costs incurred by the Board
for installing such landscaping plus a twenty-fivepercent (25%) allowance for overhead shall be borne by
the Property Owner or Lessee and shall be paid on demand
to the Board, or to such other person or entity desig-
nated by such Board.
12.1.3 Parking. Adequate off-street parkingshall be provided by each Property Owner in accordance
with Subsection 7.2.5 of Article VII above. In the
event any employee, visitor, business invitee or companyvehicles are parked on any street, the Board shall
notify the Property Owner or Lessee concerned in writing
by registered mail that on-street parking is occurring.
If such on-street parking continues to occur five (5)
days after the date upon which the Board sends suchnotice to the Property Owner or Lessee, the Board, or
its designee, shall have the right to assess a fine of
Two Hundred Fifty Dollars ($250) for each day such
on-street parking continues to occur five (5) days after
notice is sent, and such amounts shall be paid upon
demand to the Board, or to such other person or entitydesignated by the Board.
12.1.4 Liens. Until paid, the costs including
interest and attorney's fees, incurred by the Associa-
tion for the enforcement of this Declaration and/or (i)
the cost incurred for maintenance and overhead provided
under Subsection 12.1.1 above; and/or (ii) the cost
incurred for landscaping and overhead provided under
Subsection 12.1.2 above; and/or (iii) the cost incurred
for towing and/or fines provided for under Subsection
12.1.3 above, shall be a lien upon the real property of
the Property Owner or upon the leasehold interest of
the Lessee and the Improvements on such Lot which nay
be enforced by Declarant in the same manner provided in
Section 9.11 of Article IX above for the enforcenent ofliens.
12 . 2 nt and Suit.
12.2.1 ' preventive Remedies . Declarant and/or
the Association may proceed at law or in equity to
prevent the violation of this Declaration and ease-
ments. Declarant and/or the Association or their duly
authorized agents shall have the right, upon violation
of breach of any restriction set forth herein, if such
violation or breach continues for a period of thirty
(3O) days after written notice thereof, to enter uponthe Lot where such violation or breach exists, and
summarily to remove at the expense of the Owner, Lessee
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or occupant thereof, any structure, thing or conditionthat may be or exist thereon contrary to the intent and
meaning of the provisions hereof.
12.2.2 Declarant and/or Association's Rights.
During reasonable hours, Declarant, or its authorizedrepresentative, shall have the right to enter upon and
inspect any Lot and the Improvements thereon erectedfor the purpose of ascertaining whether or not the
provisions of this Declaration have been or are being
complied with, and shall not be deemed guilty of tres-pass by reason of such entry. Declarant and/or the
Association, or their duly authorized agents, shall havethe additional right at any time and from time to time
following violation or breach of this Declaration toprosecute a proceeding at or in equity against the
person or persons who have violated or are attemptingto violate any of the provisions of this Declaration,
to enjoin or prevent them from doing so, to cause said
violation to be remedied, and to recover damages for
said violation.
12.2.3 ether Parties• Bights. After requestupon the Association to prevent any violation of this
Declaration, and failure to act by Declarant or theAssociation, the City, any Property Owner or Lessee
shall additionally have all enforcement rights provided
for in this Declaration. In addition, any other party
to whose benefit this Declaration inurer. shall have the
right in the event of violation or breach of this
Declaration, to prosecute a proceeding at law or inequity against the person or persons who have violated
or are attempting to violate this Declaration, to enjoin
or prevent them from doing so, to cause said violation
to be remedied and to recover damages for said viola-
tion.
12.2.4 niTim^iqtiva Remedies. The remedies hereby
specified are cumulative, and this specification shall
not be deemed to preclude any aggrieved person's resortto any other remedy at law, in equity or under any
statute.
12.2.5 Waiver of Civil Coda ot Procedure section731jaj. Every Owner and Occupant of a Lot subject to
these restrictions expressly waives the benefit ofCalifornia Code of Civil Procedure §731 (a) and any other
comparable statute or rule, and agrees that such viola-
tion or breach may be enjoined whether or not monetarydamages may be provided or provable.
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12.3 Deemaa to Constitute fl The result of every
action or omission whereby the provisions of this Declaration are
violated in whole or in part is hereby declared to constitute a
nuisance, and every remedy allowed by law or equity against any
Property Owner, Lessee, Licensee or Occupant shall be applicable
in respect -to every such result and may be exercised by Declarant,
the Association or any Property owner or Lessee to whose benefitthis Declaration inures.
12.4 Attorney's In any legal or equitable proceeding
to determine the rights of the parties to enforce or restrain theviolation of this Declaration, the losing party or parties, as
determined by the hearing officer or tribunal for this purpose,shall pay the reasonable attorney's fees, legal costs and expenses
of the prevailing party or parties.
12.5 Fa^jure to Enforce Not a Waivar of Rights. No delayor failure on the part of an aggrieved party to invoke any avail-
able remedy in respect to a violation of any of this Declaration
shall be held to be a waiver by that part of (or an estoppel ofthat party to assert) any right available to him upon the recur-
rence or continuance of said violation or the occurrence of a
different violation, nor shall there be construed upon Declarant
or the Association, a duty to take any action to enforce the
provisions of this Declaration.
ARTICLE XIII
PROVISIONS
13.1 Assignment cf Bights and Duties. Any and all of the
rights, powers and reservations of Declarant herein contained maybe assigned to any person, corporation or to any association which
will assume the duties of Declarant pertaining to the particularrights, powers and reservations assigned. Upon such assignment
any such person, corporation or the Association shall, evidencingits consent in writing to accept such assume such duties, have,
to the extent of such assignment, the same rights and powers andbe subject to the same obligations and duties as are given to and
assumed by Declarant herein, including its heirs, successors and
assigns. Any assignment or appointment made under this Section
shall be in recordable form and shall be recorded in the Office
of the County Recorder of San Diego County, California. Notwith-
standing any provision of this Declaration to the contrary,Declarant may, at any time, relieve itself of its rights and
obligations under this Declaration by filing in the Recorder'sOffice of San Diego County, California, a notice stating that
Declarant has surrendered said rights and obligations and upon therecording of such notice, even if it is not specified therein,
said powers and obligations shall immediately vest in the Owners
of Lots holding a majority of the votes of all Property Owners or
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an association of Property owners if an association then exists.
If at any time Declarant ceases to exist and has not wade such an
assignment, the rights and obligations of Declarant shall automat-
ically vest in the Association.
13.2 constructive Motio* and acceptance. The Property
Owner, Lessee, Licensee or Occupant, by acceptance of a deed
conveying title to any part of the Business Park, or the execution
of a contract for the purchase thereof, or the acceptance of a
lease or license therefore, or the taking possession thereof,
whether from Declarant or a subsequent. Property Owner or Lessee,shall accept such deed, contract, lease, license or possession
upon and subject to each and all of the provisions of this Decla-
ration and to the rights and powers of Declarant and its succes-sors and assigns, and by such acceptance shall for himself, his
heirs, personal representatives, successors and assigns, covenant,
consent and agree to and with Declarant, its successors anaassigns, and to and with the other Property Owners and Lessees to
keep, observe, comply with and perform the provisions of this
Declaration whether or not any reference to this Declaration is
contained in the instrument by which such person or entityacquired said real property. Every person or other entity who now
or hereafter owns or acquires any right, title or interest in orto any portion of the Business Park is and shall be conclusively
deemed to have consented and agreed to the Declaration, whetheror not any reference to this Declaration is contained in the
instrument by which such person or entity acquired an interest in
said real property.
13.3 Waiver. Neither Declarant, the Association or any
member thereof nor their successors or assigns, nor Property Owner
nor Lessee shall be liable to any other Property Owner, Lessee,
Licensee or Occupant of any real property subject to this Declara-tion by reason of any mistake in judgment, negligence, nonfea-
sance, action or inaction in regard to the enforcement or failureto enforce the provisions of the Declaration or any part thereof.
Every Property Owner, Lessee, Licensee or Occupant, by acquiring
his interest in the Business Park agrees that he will not bringany action or suit against Declarant, its successors and assigns
or the Association or any member thereof, from time to time torecover any such damages or to seek equitable relief. This
Section 13.3 shall not prevent the enforcement of any legal orequitable right of one Property Owner against another.
13.4 Mutuality and/or Reciprocity Runs With Land. ThisDeclaration is made for the direct, mutual and reciprocal benefit
of each and every Lot of the business Center; shall create mutual,equitable servitudes upon each Lot of the Business Park in favor
of every other Lot of the Business Park; shall create reciprocal
rights and obligations between the respective Property Owners and
privity of contract and estate between all grantees of real
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property in the Business Park, their heirs, successors and
assigns; and shall, as to the Property owner of each Lot of the
Business Park, his heirs, successors and assigns, operate as
covenants running with the land, for the benefit of all other Lots
of the Business Park.
13.5 frights of Mortgages. No breach of this Declaration
shall defeat or render invalid the lien of any Security Instrumentnow or hereafter executed upon any part of the Business Park
except as provided in subsection 7.1.4 above. Provided, however,that if any portion of said real property is sold under a foreclo-
sure of any security Instrument or is conveyed to the party so
secured in lieu of foreclosure, any purchaser at such sale or any
such grantee and his successors and assigns shall hold any andall real property, so purchased or acquired, subject to the
provisions of this Declaration.
13.6 Retained Rightsj fraivor of Compliance. Wherever it
appears in this Declaration that the Declarant has the right to
waive compliance with certain provisions, the right to approve ordeny certain natters or the right to exercise its discretion in
various areas, these rights of the Declarant are expressly
reserved or retained by the Declarant, and all of the provisions
of this Declaration are subject to the retained and reservedrights of the Declarant.
13.7 Reservation of Utility Basements. Declarant hereby
reserves for its own use and benefit, and for the use and benefit
of each of its grantees and their successors and assigns, ease-
ments for the location, installation and maintenance of utilitiesof convenience or necessity as may be requested or required by
Declarant or its grantees and their successors and assigns. TheOwner of any Lot within the Business Park and any of his
assignees, Lessees, Licensees or other Occupants shall have the
right at all reasonable times to enter upon the land covered bysaid easements and to install, maintain, repair and service
utilities thereon for the use and benefit of his own respectiveLot. Provided, however, that any such person shall restore said
land, at his own expense to, as nearly as practicable, the samecondition as existed prior to such entry. The owner of any Lot
shall have the right to assign the benefit and use of any sucheasement to any electric company, gas company, telephone company,
flood control district, or other public utility or to the Stateof California, or any subdivision thereof for the purpose of
installing, operating and maintaining utilities and any drainageeasements and enforcing the current easement rights. For the
purpose thereof, "utilities" shall include electricity, gas mainsand lines, water distribution lines, storm water sewers, sanitary
sewers, telephone and telegraph cables and lines, and othersimilar or related facilities commonly regarded as utilities. No
conveyance by Declarant of any Lot or Site within the Business
-39-
Park, or any interest therein, shall be deemed to be, or construed
as a conveyance or release of the easements herein reserved, even
though such conveyance purports to convey such Lot or Lots in fee
simple or purports to convey Declarant's entire interest therein;
but, notwithstanding the foregoing, Declarant reserves the right
unto itself, and Declarant shall have the right to express
language to such effect, from tine to time, to release any segmentor area of the above reserved easements provided that Declarant
causes any utility or utilities existing therein to be relocatedwithout expense to the users thereof and without any unreasonable
interruption of any utility service furnished through the easementto be released.
13.8 Reservation of Grad3,pq Basement. Declarant hereby
reserves for its own use and benefit, and for the benefit of each
of its grantees, successors and assigns, easements over each Lot
for the purpose of grading, re-grading and the installation of
landscaping, irrigation and drainage facilities which may benecessary or appropriate for the development of the real property
which may be annexed to the Property.
13.9 Severance of a Lot, if at any time hereafter, any
segment of the Business Park is severed from the main body of the
Business Park by any limited access highway (i.e., a highway,
access to which is permitted only through officially established
interchanges and direct access to which from adjacent properties
is prohibited) Declarant, or the Property Owner of the Lot so
severed, shall have the right to release the Lot so severed fromthe force and effect of this Declaration and, upon recordation of
such an instrument, such Lot shall be released free and clear ofthe provisions of this Declaration with the same force and effect
as though such Lot had not originally been included within theBusiness Park. After any such release, no Property Owner, trans-
feree. Occupant, Lessee or Licensee of any such Lot shall be boundby or entitled to enforce or have any right or benefit pursuant
to this Declaration. For pur/poses of this Section 13.8, a Lotshall be deemed severed from the Business Park if and when any
such limited access highway intervenes between such Lot and the
main body of the Business Park, even though access is provided by
way of an overpass, an underpass, or crossroad between such Lot
and the main body of the Business Park.
13.10 Paraorapn Headings. Paragraph headings, where used
herein, are inserted for convenience- only and are not intended to
be a part of this Declaration or in any way to dexine, limit or
describe the scope and intent of the particular paragraphs to
which they refer.
13.11 Effect: e,t invalidation. If any provision of this
Declaration is held to be invalid by any court, the invalidity ofsuch provision shall not affect the validity of the remaining
-40-
provisions of this Declaration and all remaining provisions shall
continue unimpaired, in full force and effect.
13.12 Notices. Any and all notices or other communication
made pursuant hereto shall be in writing and shall be deemed
properly delivered, given or served to Declarant (i) when person-
ally delivered against receipted copy, or (ii) four (4) business
days after being nailed by certified or registered nail, postage
prepaid; in either case (i) or (ii) to the Declarant at the
following address:
CARLSBAD OAKS EAST, LTD.
3575 Kenyon Street
San Diego. California 92110
For the purpose of this section, Declarant may change its
address by recordation of a Notice of Change of Address in the
Office of the County Recorder of San Diego County, California.
Any notice to any Property owner shall be deemed duly served
(i) when personally delivered against receipted copy, or (ii) four
(4) business days after nailing by certified or registered mail,
postage prepaid, in either case (i) or (ii), to the last known
address of the Owner of the real property so owned, leased or
occupied.
HI WITNESS WHEREOF, Declarant has executed this Declaration,as of the day and year first above written
CARLSBAD OAKS EAST, LTD. , a
California limited partnership
BY: TECH CONSTRUCTION CORP.. a
California corporation.
General Partner
^
Paul' K. T^hang, President
By_
-41-
BY:DEL DIOS, INC., a California
corporation i General Partner
By.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On -this 22nd day of August
Jeanette M. Schwartz
198!3, before me,
a Notary Public in and for saidPaul K. Tchangstate, personally appeared
personally known to me (or proved to me on the basis of satisfac-tory evidence) to be the President, and
, personally known to me (orproved to me on the basis of satisfactory evidence) to be the
Secretary of TECH CONSTRUCTION CORP., thecorporation that executed the within instrument and known to me
to be the persons who executed the within instrument on behalf ofsaid corporation, said corporation being known to me to be one of
the general partners of CARLSBAD OAKS EAST, LTD., the limitedpartnership that executed the within instrument, and acknowledged
to me that such corporation executed the sane as such partner andthat such partnership executed the sane.
WITNESS my hand and official seal.
OFFICIAL SEAL
JEANETTE El. SCHWARTZ
MOIART PUBllC CMIfWMU
PRINCIPAL U»ICC IN
SAN UltCO COUN1V
Kjr Comromion Erpiies Sepltmtxi 11. 1980
NOTARY PUBLIC
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this _ 19 day of
Diane M. Stranq
)
) 83.
)O
August_ , 19.88, before me,
___ __ a Notary Public in and for said
state, personally appeared _ Walter D. Warner _ .
personally known to me (or proved to me on the basis of satisfac-
tory evidence) to be the _ President, and
_ 1ZU: _ _ ._• personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
_ - — ; _ Secretary of DEL DIOS, INC., the corporation
that executed the within instrument and known to me to be thepersons who executed the within instrument on behalf of said
corporation, said corporation being known to me to be one of the
general partners of CARLSBAD OAKS EAST, LTD. , the limited partner-
ship that executed the within instrument, and acknowledged to me
that such corporation executed the sane as such partner and that
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DIANE M STRANG
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTYMr eoram. opirej OCT 4, 1991
7*
NOTARY PUBLIC
EXHIBIT »A*
Lots 23 through 38, inclusive, of CARLSBADTRACT NO. 74-21 in the City of Carlsbad,County of San Diego, state of California,according to Map thereof No. 10327 filed inthe Office of the County Recorder of San DiegoCounty, on April 13, 1982.
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flCOR TSTU6 IMSURANC€
ENGINEER'S DESCRIPTION
ENGINEER'S NAME : -. -.-.•.-v.>-'
ORDER NO. 5 1071781 L
DATE : SEPTEMBER 19, 1985
PARCEL 1:
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823. FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16. 1896,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO AGUA
HEDIONDA, AS SHOWN ON RECORD OF SURVEY NO. 517. FILED IN
THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935;
THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP
NO. 517, SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER
OF LOT "D" OF SAND RANCHO AGUA HEDIONDA; THENCE CONTINUING
ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89"53' EAST 2666.00 FEET AND SOUTH OM7'57" EAST
2657.96 FEET • RECORD SOUTH 0°32'OD" EAST 2655.2
FEET - TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS
DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY
OF SAID LOT "B", SOUTH 89°54'00" EAST 2362.36 FEET TO THE •
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY. SOUTH
89°54'00" EAST 1109.57 FEET; THENCE SOUTH 3»05'08" EAST 5839.45 FEET TO
THE SOUTHERLY BOUNDARY OF SAID LOT "B"; THENCE ALONG SAID SOUTHERLY
BOUNDARY, SOUTH 79»09'09" WEST -RECORD SOUTH 79°12' WEST -645.60 FEET
TO AN ANGLE POINT THEREIN; AND NORTH 73°54'02" WEST • RECORD NORTH
73C50' WEST • 495.70 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS
SOUTH 3°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
LINE. NORTH 3°05'08" WEST, A DISTANCE OF 5825.40 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF
THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21. ACCORDING TO
MAP 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, APRIL 13, 1982.
PARCEL 2:
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA,IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823. FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 18S6, BOUNDED AND
DESCRIBED AS FOLLOWS:
EXHIBIT "-A-1"
1071781-L PAGE J
TICOR TITLE INSURANCE
COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO
AGUA HEDIONDA AS SHOWN ON RECORD OF SURVEY NO. 517, FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON
SAID MAP NO. 5t7, SOUTH 89*45* EAST 5173.00 FEET TO THE SOUTHEAST
CORNER OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING ALONG
THE BOUNDARY OF SAID LOT "B", SOUTH 89'53* EAST 2666.00 FEET AND SOUTH
0»17'57" EAST 2657.96 FEET • RECORD SOUTH 0°32'00" EAST 2655.2 FEET •
TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP
NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT WB", SOUTH 89B54'00"
EAST 1205.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID BOUNDARY SOUTH 89°54'00" EAST 1156.90 FEET; THENCE SOUTH
3»05'08" EAST 5825.40 FEET TO THE SOUTHERLY BOUNDARY, NORTH 73*54'02"
WEST -RECORD NORTH 73C50' WEST- A DISTANCE OF 1223.04 FEET TO AN
INTERSECTION WITH A LINE WHICH BEARS SOUTH 3C05'08" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3°OS'D8" WEST, A
DISTANCE OF 5437.77 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF
THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP
THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 13, 1982.
PARCEL 3:
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO AGUA
HEOIONDA, AS SHOWN ON RECORD OF SURVEY NO. 517 FILED IN
THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935:
THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP
NO. 517, SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER
OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING
ALONG THE BOUNDARY OF SAID LOT "B"; "SOUTH 89°53'
EAST 2666.00 FEET AND SOUTH OM7'57" EAST 2657.96 FEET - RECORD
SOUTH D°32'00" EAST 2655.2 FEET - TO POINT 14
OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID
MAP NO. 623; THENCE ALONG THE BOUNDARY OF SAID LOT "B" ,
SOUTH 89«54'00" EAST 3471.98 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 89*54'00" EAST,
1142.07 FEET TO POINT 15 OF SAID LOT "8" AS SAID
POINT 15 IS DESIGNATED ON SAID MAP NO. 823; THENCE
ALONG THE EASTERLY BOUNDARY OF SAID LOT, SOUTH
3°05'08" EAST 5620.55 FEET - RECORD SOUTH 3"3'
EAST 5621.2 FEET - TO THE SOUTHEAST CORNER THEREOF;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT "B",
SOUTH 79°09'09" WEST, -RECORD SOUTH 79"12' WEST - 1150.85 FEET
TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3° 05'08" EAST
FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH
3°05'08" WEST, A DISTANCE OF 5839.45 FEET TO THE TRUE POINT OF
BEGINNING.
EXHIBIT "A-l"
1071781-L PAGE . 2
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T1COR TITie INSURANCE
EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF
THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAPTHEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 13. 1982.
PARCEL 4:
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEOIONDA, IN THE
CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO MAP THEREOF NO. 623. FILED IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO AGUA
HEDIONDA, AS SHOWN ON RECORD OF SURVEY NO. 517, FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 30. 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON
SAID MAP NO. 517, SOUTH 89C45' EAST 5173.00 FEET TO THE SOUTHEAST
CORNER OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING ALONG
THE BOUNDARY OF SAID LOT "B"; SOUTH 89°53' EAST 2666.00 FEET AND SOUTH
0"17'57" EAST 2657.96 FEET • RECORD SOUTH 0°32'00" EAST 2655.2 FEET -
TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP
NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89e54'DO"
EAST 23.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
THE BOUNDARY OF SAID LOT. SOUTH 89°54'00" EAST 1182.05 FEET; THENCE
SOUTH 3e05'08" EAST 5487.77 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT
"B"; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 73°54'02" WEST - RECORD
NORTH 73°50'00" WEST - 23.20 FEET TO AN ANGLE POINT THEREIN AND SOUTH
84'34'38" WEST - RECORD SOUTH B4'38' WEST - 1159.28 FEET TO AN
INTERSECTION WITH A LINE WHICH BEARS SOUTH 3°05'08" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3°05'08" WEST, A
DISTANCE OF 5593.11 FEET TO THE TRUE POINT OF BEGINNING. -
EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY
OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING
TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 13. 1982.
1071781-L
EXHIBIT "A-l"
PAGE 3
OFFICIAL RECORDS, SAN DIEGO COUNTY, VERA L LYLE, RECORDERJ
co-eoz
Carlsbad Oaks East Tract 74-21
Lot
Number
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Totals
Acreage List of Lots
7/15i/88
Record Map
Gross Acreage
4.662
6.573
4.579
5.890
8.627
3.040
4.016
3.761
5.113
6.305
5.236
6.475
4.535
4.286
5.406
5.579
83.083
Exhibits
Record Map
Gross Sq. Ft
211.789
266,339
199,480
247.856
375,792
132,422
174.937
163,829
222.722
274.646
228,080
238.491
197,545
186,698
235,485
243,021
3,619,133
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7576-Y
RICK ENGINEERING COMPANY i
365 SO. RANCHO SANTA FE ROAD
SAN MARCOS. CALIFORNIA 92069 •
LtQAk OltCmPTIOM roll-' "~ '
2 7
SUITE 100
619/744-4800
MAINTENANCE AND LANDSCAPE ACCESS .JC.CHK'D.
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5-25-88 1 «,, 2
An easement being a portion of Lots 23 through 38, inclusively of
Carlsbad Tract No. 74-21, per Map No. 1O372, in the City of
Carlsbad, on file in the Office of the County Recorder of San
Diego County, State of California, described SB foilowei
The Southerly 50.00 feet along Palomar Airport Road as shown on
said Map and the Westerly 25.00 feet along El Fuerte Street as
shown on said map and the Northerly 25.00 feet along LoXer Avenue
East ae shown on said Map of said Lot 23.
The Westerly 25.00 feet along said El Fuerte Street and the
Southerly and Easterly 25.00 feet alonq said Loker Avenue East of
said Lot 24.
The Northeasterly 25.OO feet along Sea Otter Place.as shown on
said Map and the Southeasterly 25.00 feet along said LoXer Avenue
East of said Lot 25.
The Easterly 25.00 feet along 'said Sea Otter Place of said Lot
26.
The Southerly 25.00 feet along said Sea Otter Place of said Lot
27.
The Southwesterly 25.00 feet along said Sea Otter Place and the
Southerly 25*00 feet along said Loker Avenue East of said Lot 28.
The Southerly 25.00 feet along Sea Lion Place as shown on said
Map of said Lot 29. .
The Southerly 25.00 feet along said Loker Avenue East and the
Southeasterly 25.00 feet along eaid Sea Lion Place of said Lot
30.
The Northwesterly 25.00 feet along said Sea Lion Place and the
Southwesterly 25.00 feet along said LoXer Avenue East of said Lot
31.
The Southwesterly 25.00 feet along said Loker Avenue East of said
Lot 32.
The Westerly 25.00 feet along said LoXer Avenue East of said Lot
33.
The Northwesterly and Westerly 25.00 along said Loker Avenue East
and the Southerly 25.00 feet along said Palomar Airport Road of
said Lot 34.
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— EXHIBIT 'C'
DAW(O »«**
RICK ENGINEERING COMPANY i »«iYmt.«iMiM
365 SO. RANCHO SANTA FE ROAD • SUITE 100
SAN MARCOS. CALIFORNIA 92069 • 619/744-4600
Oft HO.
7576-Y MAINTENANCE AND LANDSCAPE ACCESS 5-25-88
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2 or 2
The Southerly 25.00 feet along said Palomar Airport Road and the
Southeasterly '25.00 fest along said LoXer Avenue East of 0aid Lot
35;
The Northeasterly, Easterly and Southeasterly 25.00 feet along
said I/oXer Avenue East of said Lot 36.
The Westerly, Northwesterly, Northerly, and Northeasterly 25.00
feet along said Loker Avenue East of said Lot 37.
The Northwesterly 25.00 feet along said Lexer Avenue East and the
Southerly 50.00 feet along said Palomar Airport Road of said Lot
38.
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— EXHIBIT 'C'
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CARLSBAD OAKS EAST TRACT CT 74-21
LEGEND
PROPOSED DRIVEWAY — (
LOCATIONS
ESSJ . LANDSCAPE tMINTCMANKAREA
Exhibit C-l
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CARLSBAD OAKS EAST TRACT CT 74-21
LEGEND
PROPOSED DRIVEWAY
LOCATIONS
- LANDSCAPE CHTBT
TRUInlNT fSOA
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Exhibit 'D1
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