HomeMy WebLinkAboutCT 85-24; CARLSBAD RESEARCH CENTER; Tentative Map (CT) (2)LAND USE'1 L.ANN1ND A PP LICATION
DISCRETIONARY ACTIONS
REQUEST
C] Zone Change Dspecific Plan
D,enera1 Plan Amendment DSite Development Plan
.Tentative Tract Map DConditional Use Permit o Major Planned Unit Development DVariance
C] Master Plan C:JPlanning Cc*mtission Determination
O Major Redevelopment Permit DSpecial Use Permit
DMinor Redevelopment Permit OStructure Relocation
O Precise Development Plan [:IMajor Condominium Permit
(check other boxes if appropriate) Qcoastal Permit (Portion of Redeve:
Area Only)
364± acres of the Carlsbad Research Cntr This projef ws
originally approved as C.T. 81-10.
212 -020 -25, 26, 27, 28
CM P1, RS, C, TS, u VACANT
Proposed Zone Proposed General Plan Site Acreage
CM P1, RS, C, TS, U 364± acres
Owner Applicant
Name (Print or Type) Name (Print or Type)
CARLSBAD RESEARCH CENTER CARLSA1) RESFARCFl CENTER
Mailing Address Mailing Address
do The Koll Company do The Koll Company
7330 Enaineer Road 7330 EnciineRd Z
San Diego, CA 92111 (619) 292-5550 San Di ego. CA 92111 (Mg) 202_555p
I CERTIFY THAT I M THE LEGAL CXNER AND I CERTIFY THAT I 1M THE CNERtS REPRESEMTIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE-
THE Z;ing Partner THE KOLL ,41aging Partner
kTES1
0M DATE
C C
SA -_; /e~-I 4L9z
Date Application Rec'd Staf igned JCe Nter '
'F
- A M E
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First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776
May 14, 1985
THE KOLL COMPANY
7330 Engineer Road
San Diego, California
Attn: NANCY HANE
Your No. CARLSBAD RESEARCH CENTER
Our Order No. 867816-15
Dated as of April 26, 1985 at 7:30 a.m.
RANNY W. HARPER/rh TITLE OFFICER
The form of policy title insurance contemplated by this report is:
PRELIMINARY TITLE REPORT
Title to said estate or interest at the date hereof is vested in:
CARLSBAD RESEARCH CENTER, a California general partnership, formerly known as
CARLSBAD PACIFIC BUSINESS CENTER, a California general partnership, as to that
portion described in Deeds recorded June 30, 1980 as Recorder's File Nos.
80-206229 and 80-206230 both of Official Records, and in CARLSBAD RESEARCH
CENTER, a California general partnership, as to the remainder
The estate or interest in the land hereinafter described or referred to covered
by this Report is:
FEE
The land referred to herein is described as follows:
SEE LEGAL DESCRIPTION ATTACHED
ORDER NO. 867816-15
PAGE NO. 2
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
1. General and Special taxes for the fiscal year 1985-86, a lien, not yet
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue ind Taxation Code.
3. Any discrepancy between the record map and the partition map of said Rancho
Agua Hedionda.
4. An easement for gas pipelines and incidental purposes in favor of San Diego
Gas and Electric Company, recorded March 21, 1961 as File No. 49332 of
Official Records.
The center line of said easement and right of way is particularly described
as follows:
Beginning at Corner No. 17 of said Lot "F, being also Corner No. 4 of Lot
"G" of Rancho Agua Hedionda, as shown on said Map No. 823; thence North
69 °29'30" East (Record North 79 °20' East Map No. 823) along the Easterly
prolongation of the Southerly line of said Lot 'F', 70.19 feet; thence North
38 °35' West (Record North 38 °47' West R.S. 682) 30.31 feet; thence South
79 °17'30" West (Record South 79 °42'20 West, Deed) along a line parallel
with and 460.00 feet Northerly, measured at right angles from the Northerly
line of those certain parcels of land described in Deeds to the County of
San Diego, a political subdivision of the State of California recorded
February 17, 1958 in Book 6952, page 391 and June 23, 1958 in Book 7133,
page 416 of Official Records, of said County of San Diego, as said line is
monumented by the County of San Diego on the ground as of the date of this
instrument, a distance of 5,461.07 feet; thence North 56 °12' West 891.76
feet; thence South 79019115 West 1,296.30 feet; thence North 74 °59 1 30" West
1,377.59 feet to a point in the Southeasterly line of said Lot "F" distant
thereon North 63 °18'25" East (Record North 62 °00' East Map No. 823) 11.29
feet from Corner No. 13 of said Lot "F", being also Corner No. 8 of said Lot
"G" of said Rancho Agua Hedionda.
The sidelines of the hereinbefore described right of way 20 feet in width,
shall be lengthened and/or shortened so that said sidelines shall be
continuous and shall terminate in the boundaries of the above described
lands of the Grantor herein.
Excepting from the above described right of way any portion thereof not
lying within the above described lands of the Grantor herein.
ORDER NO. 867816-15
PAGE NO. 3
Grantor therein covenants for themselves and their successors in estate not
to erect or construct, or permit to be erected or constructed, any
buildings, masonry walls, masonry, wooden or chain-link fences or other
structures, place any materials, plant any tree or trees or drill any well
or wells within the limits of said easement and right of way nor within the
limits of the hereinafter described temporary working strip, prior to
initial construction uses of said temporary working strip, except as
hereinafter provided.
5. An easement for underground water pipelines and incidental purposes in favor
of the Carlsbad Municipal Water District, recorded November 27, 1968 as File
No. 208028 and re-recorded November 29, 1968 as File No. 209775, both of
Official Records.
The center line of said easement of right of way in Grantor's lands, as
shown on said Map thereof No. 823, is particularly described as follows:
Beginning at the Intersection of the Southerly boundary course connecting
Points 16 and 17 of Lot "F" of Rancho Agua Hedionda as shown on said Map No.
823 with the Northerly line of Palomar Airport, said point being an angle
point In said Northerly line as described in Deed to the County of San Diego
recorded February 17, 1958 in Book 6952, page 391 of Official Records;
thence along the said boundary course connection Points 16 and 17 of said
Lot "F" North 69 °54'33" East 2,477.22 feet; thence North 1 °01'05" West 78.78
feet to the TRUE POINT OF BEGINNING; thence South 51 °35'56" West 39.96 feet;
thence South 79 °41'45" West 5,350.31 feet; thence North 55 °47'45' West
891.76 feet; thence South 79 °43'30" West 73.22 feet; thence South 21 °45'20"
West 845.10 feet.
Grantor therein covenants, for himself, his successors and assigns not to
place or maintain any buidling or structures nor plant trees or drill wells
on said easement.
6. An easement for underground water pipe lines and incidental purposes in
favor of the Carlsbad Municipal Water District, recorded November 27, 1968
as File No. 208029, and re-recorded November 29, 1968 as File No. 209776 of
Official Records.
The center line of said easement of right of way is particularly described
as follows:
Beginning at Point 11 of Lot "B" of Rancho Agua Hedionda as shown on said
Map 823; thence South 29 0 12 1 18" East 251.98 feet; thence South 54 °11'18"
East (Record South 54 044' East) 132.53 feet to the TRUE POINT OF BEGINNING;
thence South 42 °23'32" West 1,608.13 feet to the beginning of a tangent
curve concave to the left having a radius of 600.00 feet; thence
Southwesterly and Southerly along said curve through a central angle of
25 °45'50" an arc distance of 269.80 feet; thence tangent to said curve South
16 °37'42" West 444.72 feet.
ORDER NO. 867816-15
PAGE NO. 4 0
EXCEPTING THEREFROM all that portion thereof not included with the lands
first above described.
Grantor therein covenants, for himself, his successors and assigns not to
place or maintain any building or structure nor plant trees or drill wells
on said easement.
7. An easement for ingress and egress for road purposes and incidental purposes
in favor of Barbara J. Higdon, recorded December 31, 1969 as File No. 236218
of Official Records, described as follows:
A strip of land 20.00 feet in width lying within Lot "F" of Rancho Agua
Hedionda, in the County of San Diego, State of California, according to Map
thereof No. 823, filed in the Office of the County Recorder of said County,
November 16, 1896, the Northeasterly, Easterly and Southeasterly lines of
said 20.00 foot strip being described as follows:
Beginning at Point 1 of said Lot "F" as shown on said Map; thence South
25 °01'05" East (Record South 24 °45' East) a distance of 229.00 feet to a
point which point is designated on said Map as Point 23 of Lot "F, and
which point is the most Northerly corner of land conveyed by Charles Kelly
to Elmer Carpenter by Deed recorded June 1, 1937 in Book 622, page 755 of
Deeds, in the Office of the County Recorder of said County; thence South
54 °10'08" East (Record South 53 °52' East) 807.00 feet to a point which is
the most Easterly corner of the land so conveyed to Carpenter; thence
continuing along the exterior boundary of said Lot "F", South 54 °10'08" East
540.00 feet to a point; thence leaving said Lot "F" boundary line at a right
angle, South 39 °49'52" West 2,257.74 feet to the boundary of land described
under Parcel 1 in Final Judgment in Partition recorded March 24, 1965 as
File No. 52516 of Official Records, being the TRUE POINT OF BEGINNING;
thence along the boundary of Parcel 1, North 52 °32'21" West 1,214.69 feet to
a point; thence North 16 0 38 1 52" East 386.15 feet to a point, which point is
the beginning of a tangent arc, concave Southeasterly, and having a radius
of 600.00 feet; thence Northeasterly along the curve of said arc 269.80 feet
to a point; thence North 42 °24'42" East 938.75 feet to a point on the
Southwesterly boundary of the aforementioned Carpenter land, being Point "X"
of this description; thence continuing North 42 °24'42" East 648.81 feet to
the Southerly line of Road Survey No. 1800-1 as described in deed to the
County of San Diego, recorded October 29, 1969 as File No. 198734 of
Official Records of said County.
Excepting that portion of said 20.00 foot strip lying within said land
conveyed by Charles Kelly to Elmer Carpenter by deed recorded June 1, 1937
in Book 622, page 755 of Deeds.
NOTE: A portion of said easement was modified by instrument recorded
September 17, 1971 as File No. 211501 of Official Records.
ORDER NO. 867816-15
PAGE NO. 5 n
8. The effect, if any, of Record of Survey Map No. 8467, which sets forth, or
purports to set forth certain dimensions and bearings of the herein
described property.
9. An Agreement regarding construction of a dam and creation of a reservoir,
dated June 30, 1980, upon the terms, covenants, and conditions contained
therein.
EXECUTED BY AND BETWEEN: JAPATUL CORPORATION, a California corporation and
CARLSBAD PACIFIC BUSINESS CENTER, a California general partnership.
RECORDED: June 30, 1980 as File No. 80-206227 of Official Records.
Reference is made to said instrument for further particulars.
10. An Agreement regarding the payment of a Public Facilities Fee, dated July
17 9 1980, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: THE KOLL COMPANY and THE CITY OF CARLSBAD
RECORDED: July 23, 1980 as File No. 80-230925 of Official Records.
11. A Certificate of Compliance affecting the herein described property has been
recorded March 4, 1981 as File No. 81-065866 of Official Records.
12. The limitations, covenants, conditions, restrictions, reservations,
easements, terms, liens, assessments, provisions and charges but deleting
restrictions, if any, based on race, color, religion or national origin as
contained in the Declaration of Restrictions recorded April 22, 1982 as File
No. 82-114942 and re-recorded May 12, 1982 as File No. 82-141190, both of
Official Records.
13. An easement for a pipeline or pipelines, together with their necessary
fixtures and appurtenances, including but not limited to, conduits and
cables for power transmission and communication purposes, together with the
right of ingress thereto and egress therefrom and incidental purposes in
favor of COSTA REAL MUNICIPAL WATER DISTRICT, recorded November 10, 1983 as
File No. 83-407854 of Official Records, described as follows:
A continuous strip of land 20.00 feet in width, lying 10.00 feet on each
side and parallel with the following described centerline:
COMMENCING at a point in the Westeily boundary line of Carlsbad Tract No.
81-10, Unit No. 1, Map No. 10330, on file in the Office of the County
Recorder, of said San Diego County, of said State of California, said point
also being a point on the Southerly right-of-way line of Rutherford Road, as
shown on said Map No. 10330; thence, along said Westerly boundary line,
North 14 °58'58" West 17.00 feet to the True Point of Beginning; thence,
leaving said Westerly boundary line along said centerline South 75 °01 1 02"
West 246.7-4 feet to the beginning of a tangent 919.00 foot radius curve
concave Northerly; thence, Westerly along the arc of said curve through a
central angle of 34 °15'01" a distance of 549.36 feet; thence, North
70043t57 West 166.09 feet; thence, South 19 °16'03" West 169.28 feet to the
beginning of. a tangent 981.00 foot radius curve concave Easterly; thence,
ORDER NO. 867816-15
PAGE NO. 6 16
Southerly along the arc of said curve through a central angle of 5 °40'53" a
distance of 97.28 feet; thence, South 13 °35'10" West 201.41 feet; thence,
South 84 °51'20" West 336.75 feet; thence, South 83 °31'26" West 304.15 feet
to a point on the centerline of an easement to Carlsbad Municipal Water
District, Document No. 208028, recorded November 27, 1968 of Official
Records, and Document No. 209775, recorded November 29, 1968 of Official
Records, said point being the Point of Terminus.
The sidelines of said easement shall be lengthened or shortened to begin in
said Westerly boundary line of Map No. 10330, and shall end at a line which
bears North 79 °41 121" East through the Point of Terminus, said line being
the centerline of said easement to Carlsbad Municipal Water District.
Said instrument also grants the privilege and right to extend and maintain
drainage structures and excavation and embankment slopes beyond the limits
of said right of way where required for the construction and maintenance
thereof.
Reference is made to said instrument for further particulars.
14. An Agreement regarding payment of a public facilities fee, dated February 1,
1984, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: CARLSBAD RESEARCH CENTER and THE CITY OF CARLSBAD,
a municipal corporation.
RECORDED: February 13, 1984 as File No. 84-053064 of Official Records.
15. An easement for public utility purposes, temporary sewer pump station and
drainage and incidental purposes in favor of City of Carlsbad, a municipal
corporation, recorded February 13, 1984 as File No. 84-053121 and re-
recorded November 7, 1984 as File No. 84-420810, both of Official Records,
to correct the legal description as follows:
COMMENCING at a point in the Westerly boundary line of Carlsbad Tract No.
81-10, Unit No. 1, Map No. 10330, on file in the Office of the County
Recorder, of said San Diego County, of said State of California, said point
also being a point on the Southerly right-of-way line of Rutherford Road, as
shown on said Map No. 10330; thence, North 55 °58'33" West 1755.52 to the
True Point of Beginning; thence, North 71 °34'21" West 30.00 feet; thence,
North 18 °25 1 39" East 80.29 feet to a point on the arc of a non-tangent
1242.00 foot radius curve concave Northeasterly, a radial to said point
bears South 21 °28'26" West; thence, Southeasterly along the arc of said
curve through a central angle of 0 °17'13" a distance of 6.22 feet to a point
of reverse curvature of a 25.00 foot radius curve concave Southwesterly;
thence, Southeasterly, along the arc of said curve through a central angle
of 87 °14'26" a distance of 38.07 feet; thence, South 18 °25'39" West 55.00
.L=I-L LU Lhe True Point of Beginning.
Reference is made to said instrument for further particulars.
ORDER NO. 867816-15
PAGE NO. 7 fo
16. An easement for public utility purposes, storm drain and incidental purposes
In favor of City of Carlsbad, recorded February 13, 1984 as File No.
84-053122 andre-recorded November 7, 1984 as File No. 84-420809, both of
Official Records, to correct the legal description as follows:
A continuous strip of land 20.00 feet in width, lying 10.00 feet on each
side and parallel with the following described centerline:
COMMENCING at a point in the Westerly boundary of Carlsbad Tract No. 81-10 2
Unit No. 1, Map No. 10330, on file in the Office of the County Recorder, of
said San Diego County, of said State of California, said point also being a
point on the Southerly. right-of-way line of Rutherford Road, as shown on
said Map No. 10330; thence, North 66 °09'22" West 1667.68 feet to the True
Point of Beginning of said centerline, said True Point of Beginning being a
point on the arc of a non-tangent 636.00 foot radius curve concave Easterly,
a radial to said point bears North 89 °13'40" West; thence, South 89 °52'17'
West 406.25 feet to the Point of Terminus.
The sidelines of said easement shall be lengthened or shortened to begin on
the arc of said 636.00 foot radius curve through the True Point of Beginning
and to end at right angles through the Point of Terminus.
Reference is made to said instrument for further particulars.
17. An easement for a pipeline or pipelines including but not limited to,
conduits and cables for power transmission and communication purposes and
incidental purposes in favor of Costa Real Municipal Water District,
recorded July 24, 1984 as File No. 84-278233 of Official Records, described
as follows:
A strip of land 20.00 feet in width, lying 10.00 feet on each side and
parallel with the following described centerline:
BEGINNING at an angle point in the Southwesterly boundary line of Record of
Survey Map No. 8467 on file in the Office of the County Recorder, of said
San Diego County, of said State of California, said angle point formed by
the intersection of two courses; North 50028150 West 818.39 feet and North
25 °31'10" East 594.00 feet; thence, along said Southwesterly boundary line
North 25 °31'27" East (North 25 °31'lO" East per record) 10.31 feet to the
True Point of Beginning, said point also being a point on a line 10 feet
measured at right angle to and parallel with that portion of said
Southwesterly boundary line which bears North 50 029'01" West (North
500281500 West per record); thence, along said parallel line North 50 °29'01'
West 63.56 feet to the Point of Terminus, said point also being a point on
the centerline of a 20.00 foot easement to Carlsbad Municipal Water
District, recorded October 19, 1961 as File No. 181791 of Official Records.
ORDER NO. 867816-15
PAGE NO. 8 0
The sidelines of said easement shall be extended or shortened to begin on
that portion of said Southwesterly boundary line which bears North 25 031 1 27"
East (North 25 °31'10" East per record) through the True Point of Beginning
and to end on the centerline of said 20 foot easement through the Point of
Terminus.
Reference is made to said instrument for further particulars.
18. An easement for public utility purposes/storm drain and incidental purposes
in favor of the City of Carlsbad, recorded January 22, 1985 as File No.
85-021198 of Official Records, described as follows:
A parcel of land being a portion of Lot F of Rancho Agua Hedionda, Map No.
823, on file in the Office of the County Recorder of San Diego County, State
of California, located in San Diego County, State of California, more
particularly described as follows:
COMMENCING at an angle point in the Northerly boundary line of Record of
Survey Map No. 6493, on file in the Office of the County Recorder of San
Diego County, said angle point formed by the intersection of the two
courses: North 38 °56'05" East 440.57 feet and North 51 °03'55" West 1489.40
feet, as shown on said Record of Survey Map No. 6493; thence, along said
Northerly boundary line South 50 °29'01" East (South 51 °03'55" East per
record) a distance of 299.01 feet to a point on the arc of a non-tangent
1000.00 foot radius curve concave Northwesterly, a radial to said point
bears South 32 °31'00" East; thence, leaving said Northerly boundary line,
Northeasterly, along the arc of said curve through a central angle of
27°29'39" a distance of 479.86 feet; thence, North 29 °5921" East 587.83
feet, to the beginning of a tangent 1000.00 foot radius curve concave
Southeasterly; thence, Northeasterly along the arc of said curve through a
central angle of 20 °27'52" a distance of 357.17 feet; thence North 50027t13
East 260.42 feet; thence North 39 °32'47" West 51.00 feet to the True Point
of Beginning; thence, North 18 °37'11" East 68.02 feet; thence, North
19 045'34" West 53.81 feet; thence, North 70 °14'26" East 15.00 feet; thence,
South 19 045'34" East 58.48 feet to the beginning of a non-tangent 192.50
foot radius curve concave Northerly, a radial to said point bears South
17 022 1 58" West; thence, Easterly along the arc of said curve through a
central angle of 9 059'49" a distance of 33.59 feet; thence, South 50 027h13
West 91.01 feet to the True Point of Beginning. -
19. An easement for public highway and incidental purposes in favor of the City
of Carlsbad, recorded January 22, 1985 as File No. 85-021199 of Official
Records and re-recorded April 9, 1985 as File No. 85-121471 of Official
Records, described as follows:
A parcel of land being a portion of Lot F of Rancho Agua Hedionda, Map No.
823, on file in the Office of the County Recorder of San Diego County, State
of California, located in said County, said State more particularly
described as follows:
I
ORDER NO. 867816-15
PAGE NO. 9 S
COMMENCING at an angle point in the Northerly boundary line of Record of
Survey No. 6493, on file in the Office of the County Recorder of said
County, said angle point formed with the intersection of the two courses:
North 38 °56'05" East 440.57 feet and North 51 °03'55" West, 1489.40 feet, as
shown on said Record of Survey No. 6493; thence, along the said Northerly
boundary line South 50029b01 East (South 51 °03 1 55" East per record) a
distance of 245.24 feet to the TRUE POINT OF BEGINNING; said TRUE POINT OF
BEGINNING being a point on the arc of a 949.00 foot radius curve concave
Northwesterly, a radial to said point bears South 31°30'55" East; thence,
leaving said Northerly boundary, Northeasterly, along the arc of said curve
through a central angle of 28 °29'44" a distance of 471.98 feet; thence,
North 29 °59'21" East 587.83 feet, to the beginning of a tangent 1051.00 foot
radius curve concave Southeasterly; thence, Northeasterly, along the arc of
said curve through a central angle of 20027 '52" a distance of 375.39 feet;
thence, North 5002713 East 968.47 feet to the beginning of a tangent
2349.00 foot radius curve concave Northwesterly, thence, Northeasterly,
along the arc of said curve through a central angle of 3 °06'30" a distance
of 127.43 feet to a point of compound curvature of a 1949 foot radius curve
concave Westerly; thence, Northerly along the arc of said curve through a
central angle of 53 °24'42' a distance of 1816.88 feet; thence, North
6003f59 West 100.00 feet to the beginning of a tangent 1451 foot radius
curve concave Easterly; thence, Northerly along the arc of said curve
through a central angle of 25 °36'14" a distance of 648.41 feet; thence North
19 °32'15" East 200.00 feet to the beginning of a tangent 290.00 foot radius
curve concave Westerly; thence, Northerly along the arc of said curve
through a central angle of 11 0 55'31" a distance of 60.36 feet to a point of
compound curvature of a 47.00 foot radius curve concave Southwesterly;
thence, Northwesterly along the arc of said curve through a central angle of
44 °31'21" a distance of 36.52 feet to a point of compound curvature of
110.00 feet radius curve concave Southerly; thence, Westerly along the arc
of said curve through a central angle of 16 °24'12" a distance of 31.49 feet;
thence, North 53 °18'49" West 25.80 feet; thence, North 35 °50'53" East 23.36
feet to a point of the Southerly right-of-way line of El Camino Real (Road
Survey 1800-1) said point being on the arc of a 2045.00 feet radius curve
concave Northerly; a radial line to said point bears South 32 °32'20" West;
thence, Easterly along said Southerly right-of-way line and along said arc
through a central angle of 11 °47'12" a distance of 420.69 feet; thence
leaving said right-of-way line and, said curve South 20 °45'08" West 18.00
feet to a point on the arc of a 2063.00 foot radius curve concave Northerly,
to which a radial line bears South 20 °45'08" West; thence, Westerly along
the arc of said curve through a central angle of 5 °34'54" a distance of
200.97 feet to a point of reverse curvature of a 25 foot radius curve
concave Southeasterly; thence, Southwesterly along the arc of said curve
through a central angle 93 011'33" a distance of 40.66 feet; thence, South 23 008t29u West 169.20 feet to the beginning of a tangent 1349.00 foot radius
curve conëave Easterly; thence, Southerly along the arc of said curve
through a central angle of 29 °12'28" a distance of 687.68 feet; thence,
South 6 °03'59" East 100 feet to the beginning of a tangent 2051.00 foot
radius curve concave Westerly; thence, Southerly along the arc of said curve
through a central angle of 53 024'42" a distance of 1911.96 feet to a point
ORDER NO. 867816-15
PAGE NO. 10 5
of reverse curvature of a 25.00 foot radius curve concave Easterly; thence,
Southerly along the arc of said curve through a central angle of 92 °29'58" a
distance of 40.36 feet; thence, South 44 0 50'45" West 84.00 feet to a point
in the arc of a non-tangent 1242.00 foot radius concave Northeasterly, a
radial to said point bears South 44 °50'45" West; thence, Northwesterly,
along the arc of said curve through a central angle of 0025145 a distance
of 9.30 feet to a point of reverse curvature of a 25.00 foot radius curve
concave Southerly; thence, Westerly, along the arc of said curve through a
central angle of 84 °49'17" a distance of 37.01 feet; thence, South 50027 '13.. West 968.47 feet to the beginning of a tangent 949.00 foot radius
curve concave Southeasterly; thence, Southwesterly, along the arc of said
curve through a central angle of 20 °27'52" a distance of 338.96 feet;
thence, South 29 °59'21" West 587.83 feet to the beginning of a tangent
1051.00 foot radius curve concave Northwesterly; thence, Southwesterly along
the arc of said curve through a central angle of 26 °35'42" a distance of
487.84 feet to a point on said Northerly boundary line of Record of Survey
No. 6493; thence, along said Northerly boundary line North 50029t01 West
(North 51 003'55" West per record) a distance of 107.25 feet to the TRUE
POINT OF BEGINNING.
Said instrument also grants the privilege and right to extend and maintain
drainage structures and excavation and embankment slopes beyond the limits
of said right of way where required for the construction and maintenance
thereof.
20. An easement for a public highway and incidental purposes in favor of the
City of Carlsbad, recorded January 22, 1985 as File No. 85-021200 of
Official Records, described as follows:
A continuous strip of land 84.00 feet in width, lying 42.00 feet on each
side of and parallel with the following described centerline:
COMMENCING at a point on the Westerly boundary line of Carlsbad Tract 81-10,
Unit No. 1, Map No. 10330, on file in the Office of the County Recorder of
said San Diego County, of said State of California, said point also being a
point on the Northerly right-of-way of Faraday Avenue as shown on said Map
No. 10330, and on the arc of a non-tangent 658.00 foot radius curve concave
Northerly. A radial to said point bears South 8 °43'38" West; thence, along
the Westerly boundary line of said Map No. 10330, South 8 °43'38" West 42.00
feet to a point on the centerline of said Faraday Avenue, said point also
being on the arc of a non-tangent 700.00 foot radius curve concave Northerly
a radial to said point bears South 8 °43'38" West; thence, leaving said
Westerly boundary line Westerly along the arc of said curve through a
central angle of 12 °14'47 a distance of 149.62 feet; thence, North
69 0 01'35" West 218.93 feet to the beginning of a tangent 700.00 foot radius
curve concave Southerly; thence Westerly along the arc of -said curve through *
a central angle of 27 °45'24" a distance of 339.11 feet; thence, South
83 °13'01" West 123.82 feet to the beginning of a tangent 1200.00 foot radius
curve concave Northerly; thence, Westerly along the arc of said curve
through a central angle of 28 °17'49" a distance of 592.65 feet to the True
ORDER NO. 867816-15 IS
PAGE NO. 11 S
Point of Beginning of said centerline, a radial line to said point bears
South 21 030 1 50" West; thence, continuing along the arc of said curve through
a central angle of 23 °19'55" a distance of 488.66 feet to the Point of
Terminus.
The sidelines of said easement shall be lengthened or shortened to begin in
said radial line which bears South 21 °30 1 50" West through the True Point of
Beginning, and to end in a radial line which bears South 44 °50'45" West
through the Point of Terminus.
Said instrument also grants the privilege and right to extend and maintain
drainage structures and excavation and embankment slopes beyond the limits
of said right of way where required for the construction and maintenance
thereof.
1984-85 TAX INFORMATION:
CODE AREA: 09013
PARCEL NO.:. 212-020-25
1ST INSTALLMENT: $729.93 PAID
2ND INSTALLMENT: $729.93 PAID
LAND VALUE: $131,350.00
IMPROVEMENTS: $-O-
EXEMPT: $-0-
CODE AREA: 09094
PARCEL NO.: 212-020-26
1ST INSTALLMENT: $17,722.80 PAID
2ND INSTALLMENT: $17,722.80 PAID
LAND VALUE: $3,189,190.00
IMPROVEMENTS:
EXEMPT: $-0-
CODE AREA: 09094
PARCEL NO.: 212-020-27
1ST INSTALLMENT: $2,492.08 PAID
2ND INSTALLMENT: $2,492.08 PAID
LAND VALUE: $448,446.00
IMPROVEMENTS: $-0-
EXEMPT: $-0-
CODE AREA: 09013
PARCEL NO.: 212-020-28
1ST INSTALLMENT: $4,817.56 PAID
2ND INSTALLMENT: $4,817.56 PAID
LAND VALUE: $866,913.00
IMPROVEMENTS: $-O-
EXEMPT: $-0-
ORDER NO. 867816-15
PAGE NO. 12 ft
1984-85 TAX INFORMATION
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
Disk No. C-812
09094
212-020-29
$3,854.05 PAID
$3,854.05 PAID
$693,530.00
$-0 -
$-0—
09013
212-020-30
$33,280.02 PAID
$33,280.02 PAID
$5,988,685.00
$-0—
$-0 -
• LEGAL DESCRIPTION
ORDER NO. 867816-15
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
Those portions of Lots "F" and "C" of RANCHO AGUA HEDIONDA, partly in the City
of Carlsbad, all in the County of San Diego, State of California, according to
the Partition Map thereof No. 823, filed in the Office of the Recorder of said
San Diego County, November 16, 1896, described as follows:
Commencing at Point One of said Lot "F" as shown on said Map; thence South
25 °33'56" East (Record South 25 °03'40" East) 229.00 feet to a point, which point
is Point 23 of said Lot "F" and also the most Northerly point of lands conveyed
to Elmer Carpenter by Deed recorded June 1, 1937 in Book 662, page 75 of
Official Records; thence along the boundary of said Lot "F" South 54 040'19" East
(Record South 54 °08' East) 1347.00 feet; thence leaving the boundary of said Lot
"F" South 35 0 19'44" West (Record South 35 04952" West) 41.28 feet to the TRUE
POINT OF BEGINNING; thence continuing South 35 °19'44" West, 2216.46 feet; thence
North 53 0 02'49" West (Record North 52 °32'21" West) 1214.69 feet; thence South
89 °28'49" West, 1548.97 feet to a point on the line between Point 4 and Point 5
of said Lot "F"; thence along said line South 00 °19'11" East, 547.88 feet to
said Point 5; thence South 10°56'37" East, 2155.40 feet to Point 14 of said Lot
"F"; thence South 51 000 1 00" East, 1042.27 feet to a point that lies on the
Southwesterly boundary of said Lot "F" and being a Point of Intersection with
the most Easterly corner of land conveyed to S. L. Kelly by Deed recorded
February 3, 1961 as File No. 20293 of Official Records; thence along the
Southwesterly boundary of said Lot "F" South 51 °00' East, 818.47 feet (Record
818.19 feet) to the most Westerly corner of land conveyed to James L. Hieatt et
ux by Deed recorded June 11, 1913 in Book 617, page 54 of Deeds; thence along
the Northwesterly and Northeasterly boundary of said Hieatt's Land as follows:
North 25 °00' East, 594.00 feet and South 51 °00' East, 1348.61 feet to an
intersection with the Northerly line of Palomar County Airport as described in
Quitclaim Deed to the County of San Diego, recorded January 12, 1977 as File No.
77-012820 of Official Records; thence along said Northerly line North 79 °10 1 00"
East, 4052.22 feet to the Southwesterly corner of land conveyed to Pre-mixed
Concrete Company, a corporation by deed recorded January 26, 1960 as File No.
15982 of Official Records; thence along the boundary of said land as follows:
North 10 050 100 West (Record North 10 °1'21" West) 500.00 feet, North 79 °10'00" East (Record North 79 °40'39" East) 262.00 feet and South 10 050 1 00 East (Record
South 10 0 19 1 21" East) 500.0 feet to the Northerly boundary of said Palomar
Airport; thence North 79 °10'00" East along said Northerly line to the Westerly
line of land conveyed to the County of San Diego by Deed recorded May 28, 1970
as File No. 93075 of Official Records; thence along the Westerly line of said
land, North 38 °42'44" West (Record North 38 0 11'55" West) 2510.58 feet to the
beginning of a tangent curve concave Northeasterly and having a radius of
1845.00 feet; thence Northwesterly along the arc of said curve through a central
angle of 14 °25'52" a distance of 464.70 feet to a point on the Southerly
boundary of land allotted to Thalia Kelly Considine et al by Partial Final
Judgement in partition recorded January 18, 1963 as File No. 11643 of Official
Records; thence along the boundary of said land South 67 °50'28" West (Record
- LEGAL DESCRIPTION
ORDER NO. 867816-15
South 68 °00' West) 1392.80 feet; thence North 33 0 08'52" West, 915.12 feet
(Record North 27 °50' West 827.10 feet); thence North 00030153fl West (Record
North 00 °32' West) 1290.37 feet to the Southerly line of said land conveyed to
the County of San Diego; thence along said Southerly line of said land conveyed
to the County of San Diego; North 74 0 57'25" West, 427.67 feet to the beginning
of a tangent curve, concave Northerly and having a radius of 2045.00 feet;
thence Westerly along the arc of said curve through a central angle of 16 °59'24" of a distance of 606.41 feet to the TRUE POINT OF BEGINNING.
Excepting therefrom all that portion lying within the boundary of CARLSBAD TRACT
NO. 81-10 UNIT NO. 1, according to Map thereof No. 10330, filed in the Office of
the County Recorder of San Diego County, February 18, 1982.
Also excepting therefrom all that portion lying within the boundary of Carlsbad
Tract No. 81-10 Unit No. 2A, according to Map thereof No. 11134, filed in the
Office of the County Recorder of San Diego County, January 31, 1985.
sm/bp
.
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438-5621
REC'D FRO
c
DATE
ACCOUNT NO. DESCRIPTION AMOUNT
C) -00)0
RECEIPT NO. 49922 TOTAL -
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own' any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be af partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
If after the information you have submitted has been reviewed, it is determined
that further information i required, you will be so advi.
APPLICANT: CARLSBAD RESEARCH CENTER, a California General partnership
Name (individual, partnership, joint venture, corporation, syndication)
do The Koll Company, 7330 Engineer Road, San Diego, CA 92111
Business Address
(619) 292-5550
Telephone Number
AGENT: The Koll Company
Name
7330 Engineer Road, San Diego, CA 92111
Business Address
(619) 292-5550
Telephone Number
MEMBERS: Koll carlsbad Associates a California(nrl prtnrhip
Name '(individual, partner, joint Home Address
venture, corporation, syndication)
do The Koll Company, 7330 Engineer Road, San Diego, CA 92111
Business Address
(619) 292-5550
Telephone Number Telephone Number
Urban Diversified Properties, Inc.
Name Home Address
do Aetna Life & Casualty, 151 Farmington Avenue, Hartford, Connecticut 06156
Business Address
(203) 273-4860
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be'
relied upon as being true and correct until amended. -
CARLSBAD RESEARN-H a California General partnership
By: THEAPANY, N aging Partner
BY:____________________________________
E. Fipp, Vice President
BY
Ag Z riDunigan, 2e President
• - EXHIBIT "A'T
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of
San Diego, and is-described as follows:
Those portions of Lots "F" and "C" of RANCHO AGUA HEDIONDA, partly in the City
of Carlsbad, all in the County of San Diego, State of California, according to
the Partition Map thereof No. 823, filed in the Office of the Recorder of said
San Diego County, November 16, 1896, described as follows:
Commencing at Point One of said Lot "F" as shown on said Map; thence South
25 °33'56" East (Record South 25 °03'40" East) 229.00 feet to a point, which point
is Point 23 of said Lot "F" and also the most Northerly point of lands conveyed
to Elmer Carpenter by Deed recorded June 1, 1937 in Book 662, page 75 of
Official Records; thence along the boundary of said Lot "F" South 54 °40'19" East
(Record South 54 °08' East) 1347.00 feet; thence leaving the boundary of said Lot
"F" South 35 °19'44" West (Record South 35 °4952" West) 41.28 feet to the TRUE
POINT OF BEGINNING; thence continuing South 35 °19 1 44" West, 2216.46 feet; thence
North 53 °02'49" West (Record North 52 °32'21" West) 1214.69 feet; thence South
89 °28'49" West, 1548,97 feet to a point on the line between Point 4 and Point 5
of said Lot "F"; thence along said line South 00019t11 East, 547.88 feet to
said Point 5; thence South 10 °56'37" East, 2155.40 feet to Point 14 of said Lot
"F"; thence South 51 0 00'00" East, 1042.27 feet to a point that lies on the
Southwesterly boundary of said Lot "F" and being a Point of Intersection with
the most Easterly corner of land conveyed to S. L. Kelly by Deed recorded
February 3, 1961 as File No. 20293 of Official Records; thence along the
Southwesterly boundary of said Lot "F" South 51 000' East, 818.47 feet (Record
818.19 feet) to the most Westerly corner of land conveyed to James L. Hieatt et
ux by Deed recorded June 11, 1913 in Book 617, page 54 of Deeds; thence along
the Northwesterly and Northeasterly boundary of said Hieatt's Laud as follows:
North 25 °00' East, 594.00 feet and South 51000, East, 1348.61 feet to an
intersection with the Northerly line of Palomar County Airport as described in
Quitclaim Deed to the County of San Diego, recorded January 12, 1977 as File No.
77-012820 of Official Records; thence along said Northerly line North 79 °10'00"
East, 4052.22 feet to the Southwesterly corner of land conveyed to Pre-mixed
Concrete Company, a corporation by deed recorded January 26, 1960 as File No.
15982 of Official Records; thence along the boundary of said land as follows:
North 10 0 50b00 West (Record North 10 °1'21" West) 500.00 feet, North 79 °10'00"
East (Record North 79 °40'39" East) 262.00 feet and South 10050100.. East (Record
South 10019121 East) 500.0 feet to the Northerly boundary of said Palomar
Airport; thence North 79 °10'00" East along said Northerly line to the Westerly
line of land conveyed to the County of San Diego by Deed recorded May 28, 1970
as File No. 93075 of Official Records; thence along the Westerly line of said
land, North 38 °42'44" West (Record North 38 °11'55" West) 2510.58 feet to the
beginning of a tangent curve concave Northeasterly and having a radius of
1845.00 feet; thence Northwesterly along the arc of said curve through a central
angle of 14 °25'52' a distance of 464.70 feet to a point on the Southerly
boundary of land allotted to Thalia Kelly Considine et al by Partial Final
Judgement in partition recorded January 18, 1963 as File No. 11643 of Official
Records; thence along the boundary of said land South 67 °50'28" West (Record
South 68 °00' West) 1392.80 feet; thence North 33 008'52" West, 915.12 feet
(Record North 2750? West 827.10 feet); thence North 00030?53 West (Record
North 00032? West) 1290.37 feet to the Southerly line of said land conveyed to
the County of San Diego; thence along said Southerly line of said land conveyed
to the County of San Diego; North 74 057'25" West, 427.67 feet to the beginning
of a tangent curve, concave Northerly and having a radius of 2045.00 feet;
thence Westerly along the arc of said curve through a central angle of 16 °59'24"
of a distance of 606.41 feet to the TRUE POINT OF BEGINNING.
Excepting therefrom all that portion lying within the boundary of CARLSBAD TRACT
NO. 81-10 UNIT NO. 1, according to Map thereof No. 10330, filed in the Office of
the County Recorder of San Diego County, February 18, 1982.
Also excepting therefrom all that portion lying within the boundary of Carlsbad
Tract No. 81-10 Unit No. 2A, according to Map thereof No. 11134, filed in the
Office of the County Recorder of San Diego County, January 31, 1985.
sm/bp
AGREEMENT TO ETEO TIME LIMITS
TO ALLOY RVIW OF ThE LAND USE
ELEMENT OF THE GENERAL PLAN
In a desire to assist the City of Carlsbad to
expeditiously review the Land Use Element of the General Plan and
to ensure full and adequate review of the application for this
development project the undersigned agrees that the time limits
imposed by law to approve or disapprove this application shall be
extended. If a negative declaration is adopted for this project
the undersigned agrees that the time period for approval or
disapproval is extended for 90 days. If the project requires an
environmental impact report the undersigned agrees that the time
limit imposed by Section 21151.5 of the Public Resources Code is
extended for six months and that the project shall be approved or
disapproved within 90 days after the certification of the
environmental impact report. The undersigned understands that the
City will process this application according to City Council
Resolution No. 7872 and consents to processing the application
according to__thaJt resolution.
CARLSBAD RESAC1I CENTER, a California General
partnersj(
By: THE'
SignaQ>flp1icant or
Authorized Aent
B. E. Fipp, Vice President
Nme (print,/ ".- /Title
Michael Dunigan, Vice Presiden
APPROVED:
Michael J. Holzmiller
Land. Use Planning Manager
5-6-85
Date
cant, Authorized Agent, C.)
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Asessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
CARLSBAD RESEARCH CENTERa_Caljfornja General partner
BY: THE KOLL COgRAN ,MqagQ Partner
By: 5-6-85
Signature sident Date
Name t gan Relationship to Application
/ (Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
I/ n
w
PL'VG FiLe:
K
Koll Construction Company
April 21, 1987
7330 Engineer Road
San Diego
California 92111
(619) 292-5550
Mike Howes
Project Planner
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
RE: Carlsbad Research Center - Units 1 thru 4
KCC Job #5203
Dear Mike:
Enclosed is a fully executed copy of the CC & R'S for the
Carlsbad Research Center, Units 1 thru 4.
Please advise if acceptable for final recording.
Respectfully,
KOLL CONSTRUCTION COMPANY
Tony German
Project Manager
TG/cb
Enclosure
cc: Dan Clark/City of Carlsbad
Craig Kahien
Charlie Abdi
File
0 Faraday'venue
rlsbad
California
92008
April 13, 1987 (619)438-4121
PL A( C F1 W,
e Ø2Y
Mr. Mike House
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
CarlsbadResearchCenter HAND DELIVERED - April 13, 1987
Dear Mr. House:
Attached you will find a copy of the First Amendment to the
Covenants, Conditions and Restrictions for the Carlsbad Research
Center. These amended CC&R's cover Units 1, 2, 3 and 4. It is
my understanding that the original document is not necessary for
your review. The original document is in the process of being
signed and notarized by our partners. The original document
will be submitted along with the other required documents to
be revi?wed by the City Council regarding Units 3 and 4.
Please contact me at the above number should you have any questions
or comments. Your assistance in this matter is greatly
appreciated.
Sincerely,
THE KOLL COMPANY
Ja McAndrew
inistrative Assistant
Marketing
Enclosures
cc: Mike Dunigan, The Koll Company
Charlie Abdi, The Koll Company
Tony German, The Koll Company
Craig Kahien, Rick Engineering
C~- /'e~ )~~r
~~7 T- 6,5-- ~~-
The Koll Company
•
PLAI6 FILE
Recording Requested By and
When Recorded Return To:
Carlsbad Research Center
do The Koll Company
7330 Engineer Road
San Diego, California 92111-1464
Attn: Michael J. Dunigan
FIRST AMENDMENT TO
CARLSBAD RESEARCH CENTER
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
This First Amendment is made as of this 20th day of
April , 1987, by Carlsbad Research Center, a general
partnership, with reference to the following facts:
RECITALS
A. On or about April 14, 1982, Declarant executed
that certain Declaration of Covenants, Conditions and
Restrictions for Carlsbad Research Center, which was recorded
April 22, 1982, as Document No. 82-114942 of the Official
Records of the County Recorder of San Diego County, California.
B. Declarant now desires to amend the above-
referenced Declaration pursuant to Article X thereof, as set
forth herein.
NOW, THEREFORE, Declarant hereby amends and restates
the above-referenced Declaration in its entirety as follows:
ARTICLE I
DEFINITIONS
Unless the context otherwise specifies or requires,
the terms defined in this Article I shall, as used in this
Declaration, have the meanings herein set forth:
1.1 Annexation Parcel. The term "Annexation Parcel"
shall mean all or any of the real property described in
Exhibit "B."
TJSM02RZ .WR8 -1-
01/30/87
. .
1.2 Architect. The term "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 and Professions Code of the State of California.
1.3 Beneficiary. The term "Beneficiary" shall mean a
mortgagee under a mortgage as well as a beneficiary under a
deed of trust.
1.4 Declarant. The term "Declarant" shall mean Carlsbad
Research Center, a general partnership, and, to the extent
provided in Article XIII of this Declaration, its successors
and assigns.
1.5 Declaration. The term "Declaration" shall mean this
Declaration of Covenants, Conditions and Restrictions for
Carlsbad Research Center, as it may from time to time be amended
or supplemented.
1.6 Deed of Trust. The term "Deed of Trust" shall mean
a mortgage as well as a deed of trust.
1.7 Carlsbad Research Center. The term "Carlsbad
Research Center" shall be synonymous with the term "subject
property" and shall mean all of the real property now or
hereafter made subject to this Declaration. Subject to changes
resulting from future annexations as herein provided, the real
property that is subject to this Declaration is described in
Exhibit "A," attached hereto and incorporated herein by this
reference.
1.8 Improvement -- Improvements. The term "improvement"
or "improvements" shall include buildings, outbuildings, roads,
driveways, parking areas, fences, screening walls and barriers,
retaining walls, stairs, decks, water lines, sewers, electrical
and gas distribution facilities, hedges, windbreaks, plantings,
planted trees and shrubs, poles, signs, loading areas and all
other structures, construction, installations and landscaping
of every type and kind, whether above or below the land surface.
1.9 Lot. The term "lot" shall mean a fractional part of
the subject property as subdivided on subdivision or parcel
maps recorded from time to time in the Office of the Recorder
of the County of San Diego, State of California.
1.10 Mortgage. The term "Mortgage" shall mean a deed of
trust as well as a mortgage.
1.11 Mortgagee. The term "Mortgagee" shall mean a
beneficiary under, or holder of, a deed of trust as well as a
mortgagee under a mortgage.
TJSM02RZ .WR8 -2-
01/30/87
S S
1.12 Occupant. The term "Occupant" shall mean a lessee
or licensee of an Owner, or any other person or entity other
than an Owner in lawful possession of a lot with the permission
of the Owner.
1.13 Owner. "Owner" shall mean: (i) the person or
persons holding record fee title to any portion of the subject
property, or (ii) the lessee or lessees entitled to occupy all
of a lot under a lease for a fixed term of thirty (30) years or
longer (in which case the fee owner of the lot demised by such
lease shall not be deemed to be the Owner of such lot for
purposes of this Declaration during the term of said lease).
In the event that the ownership of the Improvements on any lot
shall ever be severed from the ownership of the land, whether
by lease or by deed, only the Owner of the Improvements shall
be deemed an Owner hereunder and shall be entitled to act on
behalf of the Owner of the land for all purposes hereunder.
1.14 Record -- Recorded -- Recordation. The terms
"record," "recorded," or "recordation" shall mean, with respect
to any document, the recordation of said document in the Office
of the Recorder of the County of San Diego, State of California.
1.15 Sign. The term "sign" shall mean any structure,
device or contrivance, electric or non-electric, upon or within
which any poster, bill, bulletin, printing, lettering, painting,
device or other advertising of any kind whatsoever is used,
placed, posted, tacked, nailed, pasted, or otherwise fastened
or affixed.
1.16 Street or Streets. The term "street" or "streets"
shall mean any street, highway, road, or thoroughfare within or
adjacent to the subject property and shown on any recorded
subdivision or parcel map, or record or survey, whether
designated thereon as street, boulevard, place, drive, road,
court, terrace, way, lane, circle or otherwise.
1.17 Specific Plan. The term "specific plan" shall mean
the Carlsbad Research Center Specific Plan.
1.18 Subiect Property. The term "subject property" shall
be synonymous with the term "Carlsbad Research Center," and
each lot therein, and shall mean all of the real property now
or hereafter made subject to this Declaration. Subject to
changes resulting from future annexations as herein provided,
the real property that is subject to this Declaration is
described in Exhibit "A," attached hereto and incorporated
herein by this reference.
1.19 Visible from Neighboring Property. The term
"visible from neighboring property" shall mean, with respect to
any given object on a lot, that such object is or would be
TJSM02RZ.WR8 -3-
01/30/87
I .
visible .to a person six (6) feet tall, standing on any part of
any adjacent lot or other property at an elevation no greater
than the elevation of the base of the object being viewed.
1.20 Property Line. The term "property line" shall mean
the boundary of every lot.
1.21 Net Acreage. The term "net acreage" shall mean the
total number of square feet of land of the subject property,
less any square feet of land included in dedicated streets,
roadways, parks or natural open space.
ARTICLE II
SUBJECT PROPERTY
2.1 General Declaration. Declarant hereby declares that
all of that real property located in the City of Carlsbad,
Councy of San Diego, State of California, more particularly
described in Exhibit "A," is, and-shall be, conveyed,
hypothecated, encumbered, leased, occupied, built upon or
otherwise used, improved or transferred in whole or in part,
subject to this Declaration. All of the covenants, conditions
and restrictions set forth herein are declared and agreed to be
in furtherance of a specific plan for the subdivision,
improvement and sale of said real property and are established
for the purpose of enhancing and protecting the value,
desirability and attractiveness of the subject property and
every part thereof. All of said covenants, conditions and
restrictions shall run with all of the subject property for all
purposes and shall be binding upon and inure to the benefit of
Declarant and all Owners, Occupants, and their successors in
interest as set forth in this Declaration.
ARTICLE III
REGULATION OF OPERATIONS AND USES
3.1 Permitted Uses. The development of the subject
property is planned in four phases. The land in each phase
shall be divided into areas 1, 2, 3 and 4 which shall be
established by Declarant at the time the final subdivision map
for each phase is recorded. Each such area shall have specific
permitted uses, as more fully set forth below. Such approved
uses within areas 1 and 2 shall be performed or carried out
entirely within a building that is so designed and constructed
that the enclosed operations and uses do not cause or produce a
nuisance to other lots or property, such as, but not limited
to, vibration, sound, electro-mechanical disturbances, electro-
magnetic disturbances, radiation, air or water pollution, dust,
or emission of odorous, toxic or non-toxic matter (including
steam), nor create a potential for explosion or other hazard.
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Certain activities which cannot be carried on within a building
may be permitted, provided Declarant specifically consents to
such activity in writing and further provided such activity is
screened so as not to be visible from neighboring property and
streets. All lighting is to be shielded so as not to be visible
from neighboring property.
3.2 Uses Permitted in Area 1. Area 1 is designated for
certain light and medium industrial uses, research and
development uses, industrial support and service uses, and
business and professional office uses. The Declarant may amend
this Section 3.2 from time to time to allow other and different
uses if such amendment is approved by the City of Carlsbad and
any other environmental entity having jurisdiction. The
following uses are permitted within Area 1:
3.2.1 Uses primarily engaged in research
activities, including research laboratories, developmental
laboratories, and compatible light manufacturing such as, but
not limited to, the following:
3.2.1.1 Biochemical;
3.2.1.2 Chemical;
3.2.1.3 Electronics;
3.2.1.4 Film and photography;
3.2.1.5 Medical and dental;
3.2.1.6 Metallurgy;
3.2.1.7 Pharmaceutical;
3.2.1.8 X-ray.
3.2.2 Uses primarily engaged in manufacture,
research assembly, testing and repair of components, devices,
equipment and systems, and parts and components, involving the
following items:
3.2.2.1 Coils, tubes, semi-conductors;
3.2.2.2 Communication, navigation, guidance
and control equipment;
3.2.2.3 Data processing equipment,
including computer software;
3.2.2.4 Glass edging and silvering
equipment;
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3.2.2.5 Graphics and art equipment;
3.2.2.6 Metering equipment;
3.2.2.7 Radio and television equipment;
3.2.2.8 Photographic equipment;
3.2.2.9 Radar, infrared, and ultraviolet
equipment;
3.2.2.10 Optical devices and equipment;
3.2.2.11 Filling and labeling machinery.
3.2.3 Uses primarily engaged in manufacturing,
processing, and/or assembly of the following or similar
products:
3.2.3.1 Food products;
3.2.3.2 Apparel and finish products from
textile products;
3.2.3.3 Lumber and wood products;
3.2.3.4 Furniture and fixture products;
3.2.3.5 Chemical and allied products;
3.2.3.6 Plastic and rubber products;
3.2.3.7 Stone, clay, and glass products;
3.2.3.8 Fabricated metal products;
3.2.3.9 Professional, scientific,
controlling, photographic, and optical products or equipment.
3.2.4 Uses engaged in service industries or those
industries providing service to, as opposed to the manufacture
of, a specific product, such as the repair and maintenance of
appliances or component parts, tooling, printers, testing shops,
small machine shops, and shops engaged in the repair,
maintenance and servicing of such items, but excluding
automobile and truck repair and equipment rental yards.
3.2.5 Uses involving industries engaged in the
distribution and/or storage or warehousing of products relating
to the permitted uses in Area 1.
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3.2.6 Uses involving construction industry
businesses such as general contractors, electrical contractors,
plumbing contractors, and their accessory and incidental
offices.
3.2.7 Uses engaged in blueprinting, photostatting,
photo-engraving, printing, publishing, and bookbinding.
3.2.8 Uses primarily engaged in administrative and
professional offices, but limited to: (i) offices which are
associated with any permitted business use, or (ii) offices
which do not attract nor are primarily dependent upon business
customers visiting the office. Permitted offices include, but
are not limited to, corporate offices, regional offices, general
offices, and such professional offices as accountants,
attorneys, engineers, architects, and planners. Prohibited
offices include, but are not limited to, banks and financial
institutions, medical and dental offices, employment agencies,
real estate agencies, and travel agencies.
3.2.9 Accessory uses and structures when related
and incidental to a permitted use such as, but not limited to,
food preparation, food service, eating facilities, and
auditorium to serve employees.
3.2.10 Accessory uses and structures when related
and incidental to a permitted use such as, but not limited to,
food preparation, food service, and eating facilities.
3.2.11 Restaurants, subject to the review and
approval of a conditional use permit.
3.3 Uses Permitted in Area 2. Area 2 is designated for
community and regional service, commercial, travel service,
industrial support, and business and professional office uses.
Commercial uses within Area 2 are intended to service the needs
of the employees and businesses within the Carlsbad Research
Center and are not intended to draw traffic from surrounding
areas. The following uses shall be allowed in Area 2:
3.3.1 Retail commercial business oriented to the
needs of people employed within Carlsbad Research Center;
3.3.2 Commercial service businesses oriented to
the needs of the businesses and their employees located within
Carlsbad Research Center;
3.3.3 Personal service businesses;
3.3.4 Financial service businesses;
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3.3.5 Blueprinting, photostatting, photo-
engraving, printing, publishing, and bookkeeping;
3.3.6 Administrative, professional, and business
offices;
3.3.7 Restaurants;
3.3.8 Health or athletic club facilities;
3.3.9 Service stations;
3.3.10 Hotels and motels;
3.3.11 Theaters.
3.4 Uses Permitted in Area 3. Area 3 is designated for
natural open space. No construction shall be allowed within
Area 3, and activities which are destructive or detrimental to
the natural terrain, plant or animal life within Area 3 are
prohibited.
3.5 Uses Permitted in Area 4. Area 4 is designated for
private common areas, including mini-parks. Area 4 shall be
maintained by the Declarant or by the Architectural Review
Committee as provided by Article VII hereof and shall provide
persons coming onto the subject property with attractive
landscaped settings and, within the mini-parks, passive rest
and picnic locations. Declarant may designate a portion of
Area 4 in the development of Phase IV for a reservoir site,
including water reclamation.
3.6 Prohibited Uses. The following operations and uses
shall not be permitted on any property subject to this
Declaration:
3.6.1 Residential use of any type;
3.6.2 Trailer courts or recreation vehicle
campgrounds;
3.6.3 Junk yards or recycling facilities;
3.6.4 Drilling for and removing oil, gas or other
hydrocarbon substances;
3.6.5 Refining of petroleum or of its products;
3.6.6 Commercial petroleum storage yards;
3.6.7 Commercial excavation of building or
construction materials; provided, that this prohibition shall
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not be construed to prohibit any excavation necessary in the
course of approved construction pursuant to Article V;
3.6.8 Distillation of bones;
3.6.9 Dumping, disposal, incineration or reduction
of garbage, sewage, offal, dead animals or other refuse;
3.6.10 Fat rendering;
3.6.11 Stockyard or slaughter of animal;
3.6.12 Smelting of iron, tin, zinc or any other ore
or ores;
3.6.13 Cemeteries;
3.6.14 Jail or honor farms;
3.6.15 Labor or migrant worker camps;
3.6.16 Truck terminals.
3.7 Nuisances. No nuisance shall be permitted to exist
or operate upon any lot so as to be offensive or detrimental to
any adjacent lot, or property or to its occupants. A "nuisance"
shall include, but not be limited to, any of the following
conditions:
3.7.1 Any use, excluding reasonable construction
activity, of the lot which emits dust, sweepings, dirt or
cinders into the atmosphere, or discharges liquid, solid wastes
or other matter into any water reclamation area or other
waterway which, in the opinion of Declarant, may adversely
affect the health, safety, comfort of, or intended use of their
property by persons within the area;
3.7.2 The escape or discharge of any fumes, odors,
gases, vapors, steam, acids or other substance into the
atmosphere which discharge, in the opinion of Declarant, may be
detrimental to the health, safety or welfare of any person or
may interfere with the comfort of persons within the area or
which may be harmful to property or vegetation;
3.7.3 The radiation or discharge of intense glare
or heat, or atomic, electromagnetic, microwave, ultrasonic,
laser or other radiation. Any operation producing intense glare
or heat or such other radiation shall be performed only within
an enclosed or screened area and then only in such manner that
the glare, heat or radiation emitted will not be discernible
from any point exterior to the site or lot upon which the
operation is conducted;
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3.7.4 Any vibration, noise, sound or disturbance
which, in the opinion of Declarant, is objectionable due to
intermittence, beat, frequency, strength, shrillness or volume.
3.8 Condition of Property. The Owner or Occupant of any
lot shall at all times keep it and the buildings, improvements
and appurtenances thereon in a safe, clean and wholesome
condition and comply, at its own expense, in all respects with
all applicable governmental, health, fire and safety ordinances,
regulations, requirements and directives and the Owner or
Occupant shall at regular and frequent intervals remove at its
own expense any rubbish of any character whatsoever which may
accumulate upon such lot.
3.9 Maintenance and Repairs. Each lot and all
improvements thereon, including all concrete terrace drains,
shall at all times be constructed, kept and maintained by the
Owner or Occupant of the lot in first-class condition, repair
and appearance similar to that maintained by Declarant and other
owners of high-class properties of similar class and
construction in San Diego County. All repairs, alterations,
replacements or additions to improvements shall be at least
equal to the original work in class and quality. The necessity
and adequacy of such repairs shall be measured by the same
standard as set forth above for the original construction and
maintenance, and shall be in compliance with the Design
Guidelines which may be set by Declarant from time to time.
3.10 Refuse Collection Areas. All outdoor refuse
collection areas shall be completely enclosed and screened by a
constructed wall of durable material not less than six (6) feet
in height. All such areas shall have concrete floors and shall
be sufficient in size to contain all refuse generated on each
lot, but in no event smaller than six (6) feet by eight (8)
feet. No refuse collection areas shall be permitted between a
street and the front of a building.
3.11 Public Utilities. Declarant reserves the sole right
to grant consents for the construction and operation of public
utilities including, but not limited to, street railways,
interurban or rapid transit, freight railway, poles or lines for
electricity, telephone or telegraph, above or below ground
conduits, and gas pipes in and upon any and all streets now
existing or hereafter established upon which any portion of the
subject property may now or hereafter front or abut. Declarant
reserves the exclusive right to grant consents and to petition
the proper authorities for any and all street improvement,
including but not limited to grading, seeding, tree planting,
sidewalks, paving, sewer and water installation, whether it be
on the surface or subsurface and no Owner or Occupant shall
enter into any contract or agreement with any governmental
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agency or body or public utility with reference to the
installation of any utility service or street improvement
without Declarant's prior written consent. Notwithstanding the
provisions of Section 5.2, Declarant reserves the exclusive
right to approve above ground utility lines across the subject
property or any portion thereof on a temporary basis for the
purpose of construction, and such lines shall be permitted when
required by a government agency.
3.12 Utility Lines 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, placed or maintained anywhere in or upon any
portion of the subject property other than within buildings or
structures unless the same shall be contained in conduits or
cables constructed, placed or maintained underground or
concealed in or under buildings or other structures. No antenna
for the transmission or reception of telephone, television,
microwave or radio signals shall be placed on any building or
other improvement within the subject property unless (i) such
antenna shall be so located that it cannot be seen from any
point at the ground level of the subject property or (ii) the
consent of Declarant shall first be obtained. Nothing contained
herein shall be deemed to forbid the erection or use of
temporary power or telephone facilities incidental to the
construction or repair of buildings on the subject property.
3.13 Excavation. No excavation of the subject property
or any lot therein shall be made except in connection with
construction of an improvement, and upon completion exposed
openings shall be backfilled and disturbed ground shall be
graded, levelled, and restored to its original condition.
3.14 Noise Sensitive Use. The southerly property line of
the Carlsbad Research Center is contiguous to an operating
airport which may produce noise. Sound-sensitive industries
should consider locating themselves elsewhere within Carlsbad
Research Center, and Declarant recommends that sound attenuation
measures be incorporated into all buildings constructed within
the sixty-five (65) CNEL range.
3.15 Special Treatment Area. The northwest portion of
the subject property is designated in the specific plan to
receive special design consideration which will be more
restrictive than that generally allowed throughout the remainder
of the subject property. The lots affected by the special
design considerations are Lots 11, 12, 13, 14, 19, 20, 22, 23,
24, 25 and 26 of Phase IV of the subject property as shown on
tentative map No. CT-Si-b. A general description of the types
of special design considerations to be imposed is set forth in
the specific plan, and a plan showing special setbacks,
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landscape requirements and other special design features in
precise detail shall be submitted to the City of Carlsbad prior
to recordation of the final map.
3.16 Other Operations and Uses. Operations and uses
which are neither specifically prohibited nor specifically
authorized by this Declaration may be permitted in a specific
case if operational plans and specifications are submitted to
and approved in writing by Declarant. Approval or disapproval
of such operational plans and specifications shall be based
upon the effect of such operations or uses on other property
subject to this Declaration or upon the occupants thereof, but
shall be in the sole discretion of Declarant.
ARTICLE IV
ARCHITECTURAL REVIEW COMMITTEE
4.1 Formation of Committee. Declarant hereby
establishes an Architectural Review Committee (the "Committee")
consisting of three individuals, for the purpose of reviewing
construction and alteration of improvements within the subject
property as set forth in this Article and for the purpose of
performing such other functions as are required pursuant to
this Declaration.
4.2 Selection of Committee Members.
4.2.1 Any adult natural person shall be eligible
to be a member of the Committee.
4.2.2 Until more than fifty percent (50%) of the
subject property, based upon the number of square feet owned as
compared to the net acreage subject to this Declaration, has
been conveyed or sold by Declarant to others, Declarant shall
appoint all members of the Committee. So long as Declarant
owns at least twenty-five percent (25%) but less than fifty
percent (50%) of the subject property, two members of the
Committee shall be named by Declarant. At such time as
Declarant owns less than twenty-five percent (25%) of the
subject property but at least five percent (5%), Declarant shall
name one member of the Committee.
4.2.3 Those members not named by Declarant shall
be named by a vote of all of the Owners. Selection of Committee
members to be named by the Owners shall occur at an annual
meeting of the Owners which shall be called by the prior year's
Committee upon not less than sixty days and no more than ninety
days written notice to all Owners. Such notice shall set forth
the time, place and purpose of the meeting. The place of the
meeting shall be at a location within San Diego County to be
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designated by the Committee. A quorum at the meeting shall be
Owners of at least fifty percent (50%) of the subject property,
based upon the number of square feet owned as compared to the
net acreage subject to this Declaration, such fifty percent
(50%) to be present at the meeting in person or by proxy. All
actions taken at the meeting shall require a majority vote of
the Owners present at the meeting, in person or by proxy. Each
Owner shall have one vote for each lot owned by the Owner in
all matters brought before the meeting. Declarant shall also
be entitled to one vote for each proposed lot shown on any
recorded tentative map.
4.2.4 Upon the death or resignation of any
Committee member who has been appointed by Declarant, Declarant
shall appoint a successor Committee member. Upon the death or
resignation of any Committee member not selected by Declarant,
the remaining Committee members shall select a successor member
who shall serve until the next meeting of the Owners.
4.3 Rules of Procedure. The Committee may adopt rules
and regulations from time to time governing its activities not
inconsistent herewith. The Committee shall meet at the
convenience of the members thereof as often as necessary to
transact its business, acting on the concurrence of two out of
the three members.
ARTICLE V
CONSTRUCTION OF IMPROVEMENTS
5.1 Approval of Plans Required. No improvements shall
be erected, placed, altered, maintained or permitted to remain
on any lot by any Owner or Occupant until final plans and
specifications prepared pursuant to the Design Guidelines for
the Carlsbad Research Center, as the same may be modified from
time to time, shall have been submitted to and approved in
writing by the Architectural Review Committee. Such final plans
and specifications shall be submitted in duplicate over the
authorized signature of the Owner or Occupant or both of the
lot or the authorized agent thereof. Such plans and
specifications shall be in such form and shall contain such
information as may be required by the Committee, but shall in
any event include the following:
5.1.1 A site
the nature, grading scheme,
location of all structures
(including proposed front,
with respect to structures
and location of all parking
development plan of the lot showing
kind, shape, composition, and
with respect to the particular lot
rear and side setback lines), and
on adjoining lots, and the number
spaces and driveways on the lot;
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5.1.2 A landscaping plan for the particular lot;
5.1.3 A plan for the location of signs and
lighting; and
5.1.4 A building elevation plan showing
dimensions, materials and exterior color scheme in no less
detail than required by the appropriate governmental authority
for the issuance of a building permit. Material changes in
approved plans must be similarly submitted to and approved by
the Committee.
5.2 Basis For Approval. Approval shall be based, among
other things, upon adequacy of its dimensions, adequacy of
structural design, conformity and harmony of external design
with neighboring structures, effect of location and use of
proposed improvements upon neighboring lots, proper facing of
main elevation with respect to nearby streets, adequacy of
screening of mechanical, air conditioning or other rooftop
installations, and conformity of the plans and specifications to
the purpose and specific plan and intent of this Declaration.
No plans will be approved which do not provide for the
underground installation of power, electrical, telephone and
other utility lines from the property line to buildings and the
complete visual screening of all transformer and terminal
equipment. Except as otherwise provided in this Declaration,
Committee shall have the right to disapprove any plans and
ecifications submitted hereunder on any reasonable grounds,
including, but not limited to, the following:
5.2.1 Failure to comply with any of the
restrictions set forth in this Declaration;
5.2.2 Failure to include information in such plans
and specifications as may have been reasonably requested by the
Committee;
5.2.3 Objection to the exterior design, the
appearance of materials or materials employed in any proposed
structure;
5.2.4 Objection on the ground of incompatibility
of any proposed structure or use with existing structures or
uses upon other lots, or other property in the vicinity of the
subject property;
5.2.5 Objection to the location of any proposed
structure with reference to other lots, or other property in
the vicinity;
5.2.6 Objection to the grading or landscaping plan
for any lot;
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5.2.7 Objection to the color scheme, finish,
proportions, style or architecture, height, bulk or
appropriateness of any structure;
5.2.8 Objection to the number or size of parking
spaces, or to the design of the parking area;
5.2.9 Any other matter which, in the judgment of
the Committee, would render the proposed improvements or use
inharmonious with the general plan for improvement of the
subject property, the specific plan, the design guidelines which
Declarant may promulgate from time to time, or with improvements
located upon other lots or other property in the vicinity.
5.3 Review Fee. An architectural review fee shall be
paid to the Committee at such time as plans and specifications
are submitted to it based upon the following schedule:
5.3.1 When the plans submitted are prepared by an
architect, the architectural review fee shall be the sum of Two
Hundred Fifty Dollars ($250.00);
5.3.2 In all other cases, the architectural review
fee shall be the sum of Five Hundred Dollars ($500.00);
5.3.3 The schedule of review fees may be modified
from time to time by the Committee to reflect changed
circumstances such as inflation.
5.4 Result of Inaction. If the Committee fails either
to approve or disapprove plans and specifications submitted to
it for approval within forty-five (45) days after the same have
been submitted, it shall be conclusively presumed that the
Committee has approved said plans and specifications; provided,
however, that if within the forty-five (45) day period the
Committee gives written notice of the fact that more time is
required for the review of such plans and specifications, there
shall be no presumption that the same are approved until the
expiration of such reasonable period of time as is set forth in
the notice.
5.5 Approval. The Committee may approve plans and
specifications as submitted, or as altered or amended, or it
may grant its approval to the same subject to specific
conditions. Upon approval or conditional approval by the
Committee of any plans and specifications submitted, a copy of
such plans and specifications, together with any conditions,
shall be deposited for permanent record with the Committee, and
a copy of such plans and specifications, bearing such approval
together with any conditions shall be returned to the applicant
submitting the same.
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5.6 Proceeding with Work. Upon receipt of approval from
the Committee pursuant to Section 5.5, the Owner, or Occupant,
or both, to whom the same is given, shall, as soon as
practicable, satisfy any and all conditions of such approval and
shall diligently proceed with the commencement and completion
of all approved excavation, construction, refinishing, and
alterations. In all cases, work shall commence within one (1)
year from the date the Owner acquires title to the property,
and if work is not so commenced approval shall be deemed revoked
unless the Committee, pursuant to written request made and
received prior to the expiration of said one (1) year period,
extends the period of time within which work must be commenced.
5.7 Completion of Work. Any improvement commenced
pursuant hereto shall be completed within one (1) year from the
date of the Committee's approval of the plans and specifications
therefor, except for so long as such completion is rendered
impossible, or unless work upon the proposed improvements would
impose a great hardship upon the Owner or Occupant, to whom the
Committee's approval is given, due to strike, fire, national
emergency, natural disaster or other supervening force beyond
the control of Owner or Occupant. The Committee may, upon
written request made and received prior to the expiration of
the two (2) year period, extend the period of time within which
the work must be completed. Failure to comply with this Section
5.7 shall constitute a breach of this Declaration and subject
the party in breach to the enforcement procedures set forth in
Article XI.
5.8 Declarant and Architectural Control Committee Not
Liable. Declarant and the Architectural Review Committee shall
not be liable for any damage, loss or prejudice suffered or
claimed by any person on account of:
5.8.1 The approval or disapproval of any plans,
drawings and specifications, whether or not in any way
defective;
5.8.2 The construction of any improvement, or
performance of any work, whether or not pursuant to approved
plans, drawings and specifications; or
5.8.3 The development of any lot within Carlsbad
Research Center.
5.9 Construction Without Approval. If any improvement
shall be erected, placed or maintained upon any lot, or the
exterior design thereof, or any new use commenced upon any lot,
other than in accordance with the approval by the Committee
pursuant to the provisions of this Article V, such alteration,
erection, placement, maintenance or use shall be deemed to have
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been undertaken in violation of this Declaration, and upon
written notice from the Committee, any such improvement so
altered, erected, placed, maintained or used upon any lot in
violation of this Declaration, any such use shall cease or be
amended so as to conform to this Declaration. Should such
removal or alteration, or cessation or amendment of use not be
accomplished within thirty (30) days after receipt of such
notice, then the party in breach of this Declaration shall be
subject to the enforcement procedures set forth in Article XI.
ARTICLE VI
DEVELOPMENT STANDARDS
6.1 Minimum Setback. Except as otherwise provided in
Section 6.2, no improvements of any kind, and no part thereof,
shall be placed within thirty (30) feet of any streetside
property line adjacent to an arterial or collector street, or
within twenty (20) feet of any streetside property line adjacent
to a local street, or within ten (10) feet of any interior
property line except that in the case of interior property
lines, zero setback will also be allowed.
6.2 Exceptions to Setback Requirement. The following
improvements, or parts of improvements, are specifically
excluded from the setback requirements set forth in Section 6.1:
6.2.1 Unsupported roof overhang or sunscreen,
subject to approval in writing from the Committee, provided
said overhang or sunscreen does not extend more than six (6)
feet into the setback area;
6.2.2 Steps and walkways;
6.2.3 Paving and associated curbing except that
vehicle parking areas shall not be permitted within thirty (30)
feet of a property line fronting upon any special landscaped
street, or within ten (10) feet of any other street;
6.2.4 Landscaping and irrigation systems;
6.2.5 Planters, architectural fences or walls not
exceeding forty-two (42) inches in height; and
6.2.6 Underground utility facilities and sewers.
6.3 Landscaping. Within ninety (90) days following
completion of construction, or by the date each improvement is
occupied, whichever first occurs, each lot shall be landscaped
in accordance with the approved plans and specifications and in
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conformity with the Carlsbad Research Center Design Guidelines
established by Declarant.
After completion, the landscaping shall be
maintained in a sightly and well-kept condition. If, in
Declarant's or the Architectural Review Committee's reasonable
opinion, the required landscaping is not maintained in a sightly
and well-kept condition, Declarant or the Committee shall be
entitled to the remedies set forth in Article XI.
6.4 Signs. No sign shall be permitted on any lot unless
approved by the Committee in writing. All signs must comply
with the Carlsbad Research Center Specific Plan and the Carlsbad
Research Center Design Guidelines.
6.5 Parking Areas. Off-street parking adequate to
accommodate the parking needs of the Owner or Occupant, and the
employees and visitors thereof, shall be provided by the Owner
or Occupant of each lot. The intent of this provision is to
eliminate the need for any on-street parking; provided, however,
that nothing herein shall be deemed to prohibit on-street
parking of public transportation vehicles. If parking
requirements increase as a result of a change in the use of a
lot or in the number of persons employed by the Owner or
Occupant, additional off-street parking shall be provided so as
to satisfy the intent of this section. All parking areas shall
conform to the following standards:
6.5.1 Required off-street parking shall be
provided on the lot, on a contiguous lot, or within such
distance from the lot as the Committee deems reasonable.
6.5.2 Parking areas shall be paved so as to
provide dust-free, all-weather surfaces. Each parking space
provided shall be designated by lines painted upon the paved
surface and shall be adequate in area. All parking areas shall
provide, in addition to parking spaces, adequate driveways and
space for the movement of vehicles.
6.5.3 No parking spaces shall be located on or
permitted within setback areas adjacent to a street a set forth
in Section 6.1, except that parking spaces may be located on or
parking permitted within such area if the Committee's written
permission is first obtained.
6.6 Storage and Loading Areas. All storage, maintenance
and loading areas must be constructed and used in accordance
with plans approved by the Committee. All storage, maintenance
and loading areas must be kept clean and in good condition and
repair.
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6.7 Site Coverage. The maximum building coverage on any
lot shall not exceed fifty percent (50%) of the total square
footage of the lot; provided, however, that the Declarant may
amend this Section 6.7 from time to time to allow greater
maximum building coverage if each such amendment is approved by
the City of Carlsbad and any other governmental entity having
jurisdiction.
6.8 Building Height. The maximum height of all
structures within the subject property shall be thirty-five
(35) feet. Some lots, however, may be appropriate for taller
buildings. Any structure proposed to exceed thirty-five (35)
feet will require the written approval of the Committee, if
otherwise allowed by the specific plan and by the applicable
zoning ordinance of the City of Carlsbad.
ARTICLE VII
MAINTENANCE OF COMMON AREAS AND FACILITIES
7.1 Declarant's Maintenance Responsibility. So long as
Declarant owns any lot, portion of or interest in the subject
property, Declarant shall maintain and repair all common areas
and facilities located on the subject property, which common
areas shall include all natural canyon areas, mini-parks, all
fill and cut slopes adjacent to public streets and all special
landscaped areas. Such maintenance and repair shall include,
without limitation:
7.1.1 Cleaning, maintenance and relamping of any
external lighting fixtures except such fixtures which are the
property of any utility or governmental body;
7.1.2 Performance of necessary maintenance of all
landscaping as required within the common areas including the
trimming, watering and fertilization of all grass, ground cover,
shrubs and trees, removal of dead or waste material and
replacement of any dead or diseased grass, ground cover, shrubs
or trees;
7.1.3 The removal of trash and rubbish within the
common areas;
7.1.4 The cleaning, maintenance and repair of all
concrete terrace drains within the common areas or contiguous
to streets within the subject property which are not otherwise
located upon a lot and thereby the responsibility of an Owner
or Occupant pursuant to Section 3.9;
7.1.5 The cleaning of the streets within the
subject property (which shall be done at such times as
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Declarant, in Declarant's sole discretion, deems necessary),
(i) to minimize pollutant runoff, (ii) to clear debris and
materials resulting from construction activity, and (iii) to
remove dirt resulting from grading or dirt removal;
7.1.6 Maintenance of general public liability
insurance for the benefit of Declarant and all Owners and
Occupants against claims for bodily injury, death or property
damage occurring on, in or about the common areas and the
adjoining streets, sidewalks and passageways, but not within any
lot or the improvements thereon or within any building located
on a lot or within any other area within the exclusive control
of any Owner or Occupant, such insurance to afford protection
of not less than $1,000,000 with respect to bodily injury or
death to any one person, not less than $5,000,000 with respect
to any one accident, and not less than $1,000,000 with respect
to property damage.
7.2 Owner's Maintenance Responsibility. Each Owner of
a lot shall be responsible for the maintenance of its lot and
the improvements constructed thereon, including the maintenance
or repair of any utility lines which service said Owner's lot
and/or improvements.
7.3 Maintenance By Architectural Review Committee. At
such time.as Declarant no longer owns any lot, portion of or
interest in the subject property, or at any other time by
agreement between Declarant and the Committee, Declarant may
assign and delegate the aforesaid maintenance obligation to the
Committee. Should the Committee be unwilling or unable to
assume such obligation, or after initially assuming such
obligation shall thereafter be unable or unwilling to continue
such obligation, then the obligation to maintain the common
areas and facilities shall be assigned and delegated to the
Owners of the lots within the subject property pro rata in
accordance with their ownership interests. In such event Owners
of fifty-one percent (51%) of the lots within the subject
property shall have the right to designate a maintenance
operator, and from time to time to replace such operator, to
perform all of the maintenance obligations described in this
Article. The designation by fifty-one percent (51%) of the
Owners of such an operator shall be binding upon all other
Owners.
ARTICLE VIII
ALLOCATION OF MAINTENANCE COSTS AND PROPERTY TAXES
8.1 Allocation of Cost of Maintaining Common Areas a nd
Facilities. The cost of maintaining the common areas and
facilities and all real property taxes attributable to the
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common areas shall be allocated pro rata among the Owners of
developed lots within the subject property; provided, however,
any such cost of maintaining the common areas and facilities
which is incurred as a result of the actions of a particular
Owner shall be chargeable to and paid by said Owner promptly
upon receipt of a written demand therefor from Declarant or any
subsequent 'maintenance operator. The term "developed lots" as
used herein shall mean those lots for which a notice of
completion (as defined in California Civil Code Section 3093)
has been recorded. Each Owner's share of said costs shall be
calculated by multiplying the total amount of said costs for
all developed lots in the subject property by a fraction, the
numerator of which shall be equal to the area, in square feet,
of an Owner's lot(s) and the denominator of which shall be equal
to the total area, in square feet, of all developed lots in the
subject property.
8.2 Computation of Maintenance Costs. All of the costs
incurred by Declarant to perform its obligations set forth in
Section 7.1 hereof shall include all of the Declarant's actual
out-of-pocket expenses to perform such services, the cost of
administration thereof, including the cost of accounting for
the computation and collection of maintenance costs and real
property taxes, a reasonable reserve for delinquent accounts
plus any costs incurred to provide security to the subject
property, if necessary, all of such costs to be determined in
accordance with generally accepted accounting principles
consistently applied.
8.3 Assessment of Costs. All estimated costs and
expenses of maintenance except those attributable to real
property taxes shall be assessed in advance by Declarant or any
subsequent maintenance operator and billed to each Owner not
less frequently than once each calendar quarter. Such
assessment shall be paid by each Owner promptly upon receipt
thereof. The amount, if any, by which any assessments received
in advance from any Owner exceed such Owner's actual share of
maintenance expenses for a billing period shall be credited
against the estimated costs and expenses for the ensuing billing
period. Real property taxes attributable to the common areas
shall be billed to each Owner as soon as reasonably possible
after receipt of the tax bills from the taxing agency. Each
Owner shall remit one-half of his pro rata share of such taxes
prior to December 1 of each year and the balance prior to
April 1 of the following year.
8.4 Creation and Enforcement of Maintenance and Tax
Assessment Lien.
8.4.1 Declarant, in its capacity as Owner of the
subject property hereby covenants and agrees to pay, and each
subsequent Owner of a lot, by acceptance of title thereto,
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whether or not it shall be so expressed in any conveyance of
said lot, is deemed to covenant and agree to pay all assessments
for maintenance and real property taxes set forth in the
preceding Section, such assessments to be fixed, established and
collected from time to time as provided in this Declaration.
Such assessments, together with interest thereon as hereafter
set forth and together with the cost of collection thereof shall
be a charge on the land and shall be a continuing lien upon
each lot against which each such assessment is made.
8.4.2 In the event that any Owner shall fail to
pay such Owner's assessment within ten (10) days after such
costs, expenses and taxes have been assessed to such Owner,
Declarant may at any time within two years from the date such
assessment becomes due, file for record in the Office of the
County Recorder of San Diego County, California a claim of lien
signed by Declarant together with interest thereon which claim
shall contain: (1) a statement of the amount unpaid, the amount
of such advance and the interest accrued thereon, (2) a legal
description of the lot owned by such delinquent Owner and
(3) the name of the delinquent Owner. Such claim of lien shall
be effective to establish a lien against the interest of the
delinquent Owner and his 1t together with interest on the
amount of such assessment from the date thereof, at a rate equal
to the greater of ten percent (10%) per annum or one percent
(1%) greater than the Bank of America Reference Rate then in
effect, plus recording fees, cost of title search obtained in
connection with such lien or the foreclosure thereof and court
costs and reasonable attorneys' fees which may be incurred in
the enforcement of such a lien.
8.4.3 The late payment by any Owner of such
Owner's assessment as provided by this Declaration will cause
the Declarant, or any subsequent maintenance operator, to incur
costs not contemplated by this Declaration, the exact amount of
which will be extremely difficult to ascertain. Accordingly,
in the event that any Owner shall fail to pay such Owner's
assessment within ten (10) days after such costs, expenses and
taxes have been assessed to such Owner, such Owner shall pay to
the Declarant, or any subsequent maintenance operator, a late
charge equal to five percent (5%) of the overdue amount,
provided that in no event shall the amount of any such late
charge exceed the sum of Three Hundred Dollars ($300.00). The
Declarant and every Owner taking property subject to this
Declaration agree that the amount of such late charge represents
a fair and reasonable estimate of the cost and expense that
would be incurred by reason of late payment by Owner.
8.4.4 Such a lien, when so established against the
lot described in said claim, shall be prior or superior to any
right, title, interest, lien or claim which may be or may have
been acquired in or attached to the real property interests
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subject to the lien subsequent to the time of filing such claim
for record, other than (1) the lien for real property taxes and
assessments or (2) the lien of any deed of trust given to serve
a note, the proceeds of which were used to improve and develop
the lot subject to the lien. Such lien shall be for the benefit
of Declarant and may be enforced and foreclosed in a suit or
action brought by Declarant in any court of competent
jurisdiction, if brought within one year of the filing of such
claim.
8.4.5 Any such sale provided for herein is to be
conducted in accordance with the provisions of Sections 2924,
2924b and 2924c of the Civil Code of the State of California
applicable to the exercise of powers of sale in mortgages and
deeds of trust, or in any other manner permitted or provided by
law. Declarant or any Owner, through their 'duly authorized
agents, shall have the power to bid on the liened property at
any foreclosure sale, and to acquire, lease, mortgage and convey
the same.
- 8.4.6 Upon the timely curing of any default for
which a notice of claim of lien was filed, Declarant or the
Owner claiming such lien is hereby authorized to file or record,
as the case may be, an appropriate release of such notice, upon
payment by the defaulting Owner of a fee, to be determined by
the lien claimant, to cover the costs of preparing and filing
or recording such release, together with the payment of such
other costs, interest or fees as shall have been incurred. The
assessment lien and the rights to foreclose thereunder shall be
in addition to, and not in substitution for, all other rights
and remedies which any party may have hereunder and by law,
including a suit to recover a money judgment for unpaid
assessments.
8.4.7 In the event that the Committee, or any
other person or entity shall assume the responsibility for
maintenance of the common area and facilities, pursuant to
Section 7.3 hereof, such person or entity shall be entitled to
determine the amounts and make the assessments provided for in
this Article VIII and to enforce the lien rights established in
this Section 8.4.
ARTICLE IX
WASTE WATER RECLAMATION IRRIGATION SYSTEM
AND ASSESSMENT DISTRICT
The City
may require that the
the subject property
of constructing, ope:
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of Carlsbad or other government agencies
Declarant and the Owners of all lots within
form an assessment district for the purpose
eating and maintaining a waste water
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I •
reclamation irrigation system. The waste water reclamation
irrigation system will be a system of underground irrigation
transmission and service lines for landscaping and other
non-potable water uses within the subject property. The system
will provide for the reuse of treated waste water supplied by
reclamation plants which will be constructed in the future.
The system will be located within the setback area for special
street landscaping along all streets within the subject
property. The assessment district may be formed at a date yet
to be ascertained when the waste water reclamation irrigation
system is to be constructed.
ARTICLE X
MODIFICATION AND AMENDMENT
10.1 Procedure. Except as otherwise provided in Sections
10.2 and 10.3, this Declaration or any provision hereof, or any
covenant, condition or restriction contained herein, may be
terminated, extended, modified or otherwise amended, as to the
whole of the subject property or any portion thereof, with the
written consent of the Owners of fifty-one percent (51%) of the
subject property, based upon the number of square feet owned as
compared to the net acreage subject to these covenants,
conditions, and restrictions; provided, however, that so long
as Declarant owns at least five percent (5%) of the property
subject to these covenants, condition, and restrictions, no
such termination, extension, modification or other amendment
shall be effective without the written approval of Declarant.
No such termination, extension, modification or other amendment
shall be effective until a proper instrument in writing has
been executed, acknowledged and recorded.
10.2 Modification by Declarant. For so long as Declarant
owns any interest (excepting a leasehold interest) in the
subject property, or any part thereof, or for a period of
twenty-five (25) years from the effective date hereof, whichever
period is shorter, Declarant acting alone may modify or amend
the provisions of Articles III, V and VI; provided, however,
that (i) any such modification or amendment must be within the
spirit and overall intention of the development as set forth
herein; (ii) prior to any such modification or amendment
Declarant shall obtain the approval of any governmental agency
to such modification or amendment where such approval is
necessary; and (iii) any modification or amendment shall not
provide for any type of improvements or use not presently
permitted by this Declaration. No such modification or
amendment shall be effective until a proper instrument in
writing has been executed, acknowledged and recorded.
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10.3 Approval by the City of Carlsbad. Any amendment or
modification to this Declaration affecting the maintenance
obligations of the Declarant, the Architectural Review Committee
or any Owner or which seeks to dissolve the Architectural Review
Committee or otherwise materially modify any of the obligations
or duties imposed or required by specific plan 180 and 180(A)
and Carlsbad Tract 81-10 shall require the prior written
approval of the City's Planning Director and City Attorney of
the City of Carlsbad.
10.4 Governmental Regulation. All valid governmental
enactments, ordinances and regulations are deemed to be a part
of this Declaration and to the extent that they conflict with
any provision, covenant, condition or restriction hereof, said
conflicting governmental enactment, ordinance and regulation
shall control and the provision, covenant, condition or
restriction hereof in conflict therewith shall be deemed (i)
amended to the extent necessary to bring it into conformity
with said enactment, ordinance or regulation while still
preserving the intent and spirit of the provision, covenant,
condition or restriction; or (ii) stricken here from should no
amendment conforming to the governmental enactment, ordinance
or regulation be capable of preserving the intent and spirit of
said provision, covenant, condition or restriction.
ARTICLE XI
11.1 Default and Remedies. In the event of any breach,
violation or failure to perform or satisfy any covenant,
condition or restriction which has not been cured within thirty
(30) days after written notice to do so, Declarant at its sole
option and discretion may enforce any one or more of the
following remedies or any other rights or remedies to which
Declarant may be entitled by law or equity, whether or not set
forth herein. All remedies provided herein or by law or equity
shall be cumulative and not mutually exclusive.
11.1.1 Damages. Declarant may bring suit for
damages for any compensable breach of or noncompliance with any
of the covenants, conditions or restrictions, or declaratory
relief to determine the enforceability of any of these
covenants, conditions or restrictions.
11.1.2 Eauity. It is recognized that a violation
by an Owner of one or more of the foregoing covenants,
conditions or restrictions may cause Declarant to suffer
material injury or damage not compensable in money and that
Declarant shall be entitled to bring an action in equity or
otherwise for specific performance to enforce compliance with
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these covenants, conditions, and restriction or an injunction
to enjoin the continuance of any such breach or violation
thereof.
11.1.3 Abatement and Lien Rights. Any such breach
or violation of these covenants, conditions and restrictions or
any provision hereof is hereby declared to be a nuisance, and
Declarant shall be entitled to enter the site or portion of the
subject property as to which the breach or violation exists and
summarily abate and remove, without further legal process to
the maximum extent permitted by law, any structure, thing or
condition that may exist in violation of any of these
restrictions, or take those actions which are required of any
person or entity which is subject to this Declaration, or to
prosecute any remedy allowed by law or equity for the abatement
of such nuisance against any person or entity acting or failing
to act in violation of these restrictions, all at the sole cost
and expense of Owner or any person having possession under
Owner. Any costs or expenses paid or incurred by Declarant in
abating such nuisance or prosecuting any such remedy (including
all reasonable attorneys' fees and costs of collection),
together with interest thereon at the rate of ten percent (10%)
per annum, shall be a charge against the site or portion of the
subject property as to which the breach or violation exists,.
and shall also be the personal obligation of that person who
was Owner when such charges became due or who committed such
breach or violation. In addition to any other rights or
remedies hereunder, Declarant may deliver to Owner and record
with the San Diego County Recorder a certificate-or notice of
claim of lien (which, among other things, may but need not
recite the nature of the violation, the legal description of
the site or portion of the subject property affected by such
violation, the record or reputed Owner thereof, Declarant's
name and address, and the remedies being pursued by Declarant
or the amount of any such lien claim). If any recited amounts
so charged have not been paid within thirty (30) 'days after the
recordation of said notice, Declarant or its authorized
representatives may foreclose such lien by a sale conducted
pursuant to Sections 2924, 2924b and 2924c of the California
Civil Code, as amended from time to time, or other statutes
applicable to the exercise of powers of sale in mortgages or
deeds of trust, or in any other manner permitted by law.
Declarant, through its authorized representatives, may bid on
and acquire any property subject to such lien at any such
foreclosure sale. If the violations recited in such lien claim
are timely cured and any recited amounts timely paid as provided
above, Declarant shall forthwith record an appropriate release
of such lien at Owner's sole expense.
11.2 Waiver. No waiver by Declarant of a breach of any
of these restrictions and no delay or failure to enforce any of
these restrictions shall be construed or held to be a waiver of
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any succeeding or preceding breach of the same or any other of
these covenants, conditions and restrictions. No waiver by
Declarant of any breach or default hereunder shall be implied
from any omission by Declarant to take any action on account of
such breach or default if such breach or default persists or is
repeated, and no express waiver shall affect a breach or default
other than as specified in said waiver. The consent or approval
by Declarant to or of any act by an Owner requiring Declarant's
consent or approval shall not be deemed to waive or render
unnecessary Declarant's consent or approval to or of any similar
acts by Owner.
11.3 Costs of Enforcement. In the event any legal or
equitable action or proceeding shall be instituted to enforce
any provision of these restrictions, the party prevailing in
such action shall be entitled to recover from the losing party
all of its costs, including court costs and reasonable
attorneys' fees.
11.4 Non-Exclusive Rights of Enforcement. The rights of
enforcement granted to Declarant are non-exclusive and shall be
exercisable by Declarant for so long as Declarant owns any
interest in the subject property. Concurrently, each Owner and
the Architectural Review Committee, its successors and assigns,
are hereby granted all of the rights of enforcement and the
remedies provided to Declarant by this Article XI. Any such
Owner or the Committee may seek enforcement of all remedies in
accordance with the provisions of this Article independently of
Declarant.
11.5 Enforcement by the City of Carlsbad. The City of
Carlsbad may independently enforce those portions of the
Declaration which directly relate to the conditions, duties or
obligations required or imposed by specific plan 180 and 180(A)
and Carlsbad Tract 81-10. In the event the City elects to seek
enforcement, or in the event of a breach of any duty or
interference with any of the rights or benefits herein
established the City Manager may give written notice of such
breach or interference to the Declarant or the Architectural
Control Committee together with a written demand to remedy the
breach or interference by enforcing the Declaration. If the
Declarant or the Committee refuses to do so, or fails to take
appropriate action within ninety (90) days of the receipt of
said written notice, upon a resolution of the City Council of
said City, the City shall have the full power to enforce the
Declaration, including without limitation the power to assess,
to lien, and to foreclose, in respect to the matters set forth
in the notice. Any funds collected by the City shall be
applied, after deducting expenses of enforcement, to correct
the breach or interference, and any excess funds shall be
applied for the benefit of the Declarant or the Committee for
the reimbursement of any expenses incurred.
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.
ARTICLE XII
ANNEXATION
12.1 Proposed Phases. Declarant may annex any portion of
the Annexation Parcel described on Exhibit "B" attached hereto
to the subject property pursuant to this Article XII. Upon
such annexation, the property so annexed shall be subject to
this Declaration to the same extent as though originally
included herein. The timing of such annexation and the sale of
lots in such phases shall be in Declarant's sole discretion.
When Declarant elects to annex all or any portion of the
Annexation Parcel, then Declarant shall file for record in the
Office of the Recorder for San Diego County a Declaration of
Annexation and Restrictions. Following the recordation of any
such Declaration of Annexation and Restrictions, the property
described in such Declaration of Annexation and Restrictions
shall be deemed annexed upon the close of escrow for the first
sale of a lot in such property. The Declaration of Annexation
and Restrictions shall contain (i) a description of the property
to be annexed and (ii) a statement that the property to be
annexed shall be subject to this Declaration. A Declaration of
Annexation and Restrictions may contain complementary additions
to and/or reasonable modifications of the provisions of this
Declaration as may be appropriate to reflect the different
character, if any, of the developmental plan for the property
to be annexed. In no event, however, shall any such Declaration
of Annexation and Restrictions revoke, modify or add to the
covenants, conditions and restrictions established by this
Declaration, unless this Declaration is amended as hereinbefore
provided.
12.2 Members' Rights and Obligations. Upon such
annexation, the property so annexed to the subject property
shall be subject to this Declaration for all purposes, and all
owners of lots in the real property so annexed shall have the
rights and duties of Owners provided for herein.
12.3 Reserved/Granted Easements. Upon the annexation of
additional property as set forth above:
12.3.1 Declarant hereby reserves for the benefit of
and appurtenant to the lots hereinafter located on the
Annexation Parcel, and their respective Owners, nonexclusive
easements to use the common area pursuant to and in the manner
set forth in this Declaration to the same extent and with the
same effect as if each of the Owners of a lot in the Annexation
Parcel owned an undivided interest in the common area.
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12.3.2 Declarant hereby grants for the benefit of
and appurtenant to the lots in the subject property, and their
Owners, the nonexclusive easement to use the common area in the
Annexation Parcel pursuant to the provisions of and in the
manner prescribed by this Declaration to the same extent and
with the same effect as if each of the Owners of a lot in the
subject property owned an undivided interest in the common area.
Declarant reserves herein the right to grant nonexclusive rights
and easements of enjoyment over all of the common area, wherever
situated, in favor of the Owner of any lot now or hereafter
subject to this Declaration in order to effectuate such intent.
The reciprocal cross-easements set forth herein
shall be effective only at such time as the Annexation Parcel,
or any portion thereof, has been annexed by (i) the recording
of a Declaration of Annexation and Restrictions by Declarant
(to the extent of the property so annexed) and (ii) the close
of escrow for the first sale of a lot in the property so
annexed. Prior to the time of annexation, any portion of the
Annexation Parcel which has not been annexed shall not be
affected hereby.
12.4 Amendment. So long as Declarant has the right to
unilaterally annex property into the Development, this Article
XII shall not be amended without the written approval of
Declarant attached to the instrument of amendment.
12.5 Termination of Annexation. At any time following
the recordation of a Declaration of Annexation and Restrictions,
but prior to the first conveyance of a lot in the property
described in such Declaration of Annexation and Restrictions,
Declarant shall have the right to record a Termination and
Extinction of Declaration of Annexation and Restrictions
describing all or any portion of such property and, upon
recordation thereof, (i) any Declaration of Annexation and
Restrictions described therein shall cease to be of any force
or effect with respect to the property described in such
Termination and Extinction of Declaration of Annexation and
Restrictions and (ii) any subsequent conveyance of a Lot in the
property described in such Termination and Extinction of
Declaration of Annexation and Restrictions (or the conveyance
of any other interest therein) shall not accomplish the
annexation into the subject property of the property described
in such Termination and Extinction of Declaration of Annexation
and Restrictions.
12.6 Reciprocal Easements. Declarant hereby grants
nonexclusive easements for the purpose of ingress, egress, and
utilities over all private streets and roadways in the subject
property for the benefit of all or any portion of the Annexation
Parcel which from time to time has not been annexed into the
subject property ("the Unannexed Parcel"). Said easements shall
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become effective as to those portions of the Unannexed Parcel
subject to the Easement Deed (as defined below) upon
recordation, by the owners of the Unannexed Parcel, of a deed
(the "Easement Deed") granting to each of the Owners in the
subject property reciprocal nonexclusive easements for the
purpose of ingress, egress and utilities over any nonexciusive
private common streets and/or roadways existing in those
portions of the Unannexed Parcel subject to the Easement Deed
("the Benefited Property"). The use and enjoyment of the
easements granted for the owners of the Benefited Property and
the Owners in the subject property are conditioned upon payment
of expenses incurred in the maintenance and repair of said
easements (hereinafter "Easement Assessments"). The Easement
Assessments due and payable by the owners of the Benefited
Property shall be paid on the basis of the ratio of the number
of square feet of land on the Benefited Property to the total
number of square feet of land on both the Benefited Property
and the subject property. The Easement Assessments due and
payable by the Owners in the subject property shall be paid on
the basis of the ratio of the number of square feet of land on
the subject property to the total number of square feet of land
on both the Benefited Property and the subject property. Each
of the Owners in the subject property shall indemnify and hold
the owners of the Benefited Property harmless from any damage
in the easements granted to them resulting from negligence or
misuse by the Owners in the subject property, their invitees,
guests or agents. Conversely, each of the owners of the
Benefited Property shall indemnify and hold the Owners in the
subject property harmless from any damage on the easements
granted to them resulting from negligence or misuse by the
owners of the Benefited Property, their invitees, guests or
agents. The easements granted herein shall be used in a way
which is consistent with the general plan of the subject
property and the Benefited Property.
12.7 Easements for Developing Property to be Annexed.
Declarant hereby reserves for itself and its successors and
assigns nonexclusive easements of ingress and egress over all
private streets and roadways in the subject. property for the
purpose of developing the Annexation Parcel; Declarant shall
repair any damage on said assessments caused by its misuse.
ARTICLE XIII
ASSIGNMENT
Any and all of the rights, powers and reservations
of Declarant herein contained may be assigned to any person,
corporation or association which will assume the duties of
Declarant pertaining to the particular rights, powers and
reservations assigned, and upon any such person, corporation or
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. .
association evidencing its consent in writing to accept such
assignment and assume such duties, he or it shall, to the extent
of such assignment, have the same rights and powers and be
subject to the same obligations and duties as are given to and
assumed by Declarant herein. If at any time Declarant ceases
to exist and has not made such assignment, a successor Declarant
may be appointed only with the written consent of the Owners of
sixty-five percent (65%) of the subject property, based on the
number of square feet of land owned as compared to the net
acreage subject to these covenants, conditions and restrictions.
ARTICLE XIV
CONSTRUCTIVE NOTICE AND ACCEPTANCE
Every person or entity who now or hereafter owns,
occupies or acquires any right, title or interest in or to any
portion of the subject property is and shall be conclusively
deemed to have consented and agreed to every covenant, condition
and restriction contained herein, whether or not any reference
to this Declaration is contained in the instrument by which
such person acquired an interest in the subject property.
ARTICLE XV
WAIVER
Neither Declarant nor its successors or assigns
shall be liable to any Owner or Occupant of the subject property
by reason of any mistake in judgment, negligence, nonfeasance,
action or inaction or for the enforcement or failure to enforce
any provision of this Declaration. Every Owner or Occupant of
any of said property by acquiring its interest therein agrees
that it will not bring any action or suit against Declarant to
recover any such damages or to seek equitable relief because of
same.
ARTICLE XVI
RUNS WITH LAND
All covenants, conditions, restrictions and agreements
herein contained are made for the direct, mutual and reciprocal
benefit of each and every lot of the subject property; shall
create mutual equitable servitudes upon each lot in favor of
every other lot; shall create reciprocal rights and obligations
between respective Owners and Occupants of all lots and privity
of contract and estate between all grantees of said lots, their
heirs, successors and assigns; and shall, as to the Owner and
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.
Occupant of each lot, his heirs, successors
as covenants running with the land, for the
lots, except as provided otherwise herein.
ARTICLE XVII
RIGHTS OF MORTGAGEES
and assigns, operate
benefit of all other
No breach or violation of these covenants,
conditions and restrictions shall defeat or render invalid the
lien of any mortgage, deed of trust or similar instrument
securing a loan made in good faith and for value with respect
to the development or permanent financing of any lot or portion
thereof; provided that all of these restrictions shall be
binding upon and effective against any subsequent Owner of the
property or any portion thereof whose title is acquired by
foreclosure, trustee's sale, deed in lieu of foreclosure or
otherwise pursuant to such lien rights.
ARTICLE XVIII
CAPTIONS
The captions of articles and sections herein are
used for convenience only and are not intended to be a part of
this Declaration or in any way to define, limit or describe the
scope and intent of the particular article or section to which
they refer.
I/I/I
I/I/I
I/I/I
I/I/I
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t
I
S
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ARTICLE XIX
EFFECT OF INVALIDATION
If any provision of this Declaration is held to be
invalid by any court, the invalidity of such provision shall
not affect the validity of the remaining provisions hereof.
CARLSBAD RESEARCH CENTER,
a California general partnership
By: KOLL CARLSBAD ASSOCIATES,
a Califopr4a general partnership,
By:
Orrin W. Miller, Partner
By: ___
Dunig , Partner
By: URBAN DIVERSIFIED PROPERTIES, INC.,
a Delaware corporation,
General Partner
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. I
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On the 20th day of April , 1987, before me,
Marsha Bakko , the undersigned Notary Public,
personally appeared Orrin W. Miller,
X personally known to me
proved to me on the basis of satisfactory
evidence
to be the person who executed the within instrument as a Partner
of KOLL CARLSBAD ASSOCIATES, the partnership that executed the
within instrument, and acknowledged to me that he executed the
same on behalf of CARLSBAD RESEARCH CENTER, a general
partnership, and that said last named partnership executed the
same.
WITNESS my hand and official seal.
OFFICIAL SEAITI
MARSHA SAKKO __________________________________
otary's Signature Notary PublIc-ClIlfomIl N &&A DIEGO courm
My cOMM. RXP. Oct 31, iaes
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STATE OF CALIFORNIA )
)Ss.
COUNTY OF SAN DIEGO )
On the 20th day of Aprfl , 19 L before me,
Marsha Bakko , the undersigned Notary Public,
personally appeared Michael J. Dunigan,
X personally known to me
proved to me on the basis of satisfactory
evidence
to be the person who executed the within instrument as a Partner
of KOLL CARLSBAD ASSOCIATES, the partnership that executed the
within instrument, and acknowledged to me that he executed the
same on behalf of CARLSBAD RESEARCH CENTER, a general
partnership, and that said last named partnership executed the
same.
WITNESS my hand and official seal. r OFFICIAL SEAL
MARSHA BAKKO
Notary Public-CalIlomta
SAN DIEGO COUNTY Notary's Signature
My Comm. Exp. Oct. 31, 1988
(S E A L)
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C
.
iq~e before me,
rsi ed Notary Public,
y appeare LL . LJ2Ak
V personally known t me
- proved to me on the basis of satisfactory
evidence
o e he pqr o who executed the within instrument as the
uL of URBAN DIVERSIFIED PROPERTIES, INC.,
the corporation that executed the within instrument on behalf
of CARLSBAD RESEARCH CENTER, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnership
executed the same.
WITNESS my hand andoff ialseal.
y's Signature
(SEAL)
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STATE I
aFOF
day of
/~*- / ./1 ). " j
,
.
S
CONSENT OF TIENHOLDER
AND SUBORDINATION OF fltEN
The undersigned beneficiary under that certain Deed of Trust
dated August 1, 1985, recorded as File No. 85-275892 of official records
of San Diego County, California, consents to all of the provisions
contained in the attached Declaration of Covenants, Conditions and
Restrictions and agrees that the lien of the deed of trust shall be junior
and subordinate and subject to said Declaration.
,1987.
STATE OF
THE ETNA CASUALTY AND SURETY COMPANY
/ By:_______________
ss.
Notary
19 before me, Vgigned Public, personally
jpersonaiiy known to me
proved to me on the basis of satisfactory evidence
to be rsg ~vw4,h ecuted the within instnment as the
VCCL.ff the corporation that executed the within
trument, and acknowledged to me that such corporation executed the same
pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(S E A L) aNg:~'S—Signature
-37-
S
.
-. 4)
[Legal descriptions of Phases I and II]
CARISBD TRACT NO. 81-10
PHASE I:
Map No. 10330 Recorded February 18, 1982 as File No. 82-04477,
County of San Diego, State of California.
PHASE II:
Map No. 11134 Recorded January 31, 1985 as File No. 85-034075,
County of San Diego, State of California.
p .
.
ANNEXATION PARCEL
[Legal descriptions of Phases III and IV]
Phase III consists of 6 Lots comprised of 40.421 acres.
Phase IV consists of 26 Lots cnprised of 115.690 acres.
Phases III and IV are legally described as follows:
Being a subdivision of a portion of Lot F of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California, according to
and as shown on partition map thereof No. 823, filed in the Office of The
County Recorder of said County, November 16, 1896.
. 6
PLANNING APPLICATION CHECKLIST
ITEM REQUIRED ENCLOSED NOT ENCLOSED (WHY)
Ibntative Map
A
Site Plan
B
Landscape Plan
Bldg. Elevation
D
8½ Site Plan
E
8½ Location
F
EIA
G
PFF
Disclosure S -
I
Property Owners
j
300-' Map &C)6
K
School Letter
L (//i
Pm
M
Ser
N
Colored Exhibit
0
Stint of Agree
P
RECEIPT NO. DATE
lil t
IJDJ
Posted:
Filed:
Prior Ccinpliance:J _5-83 Published:
Filed:
$
NEGAEVE DELPRATIGt:__________________________
Posted: Published: Notice of Determination:________
ENVIRONMENTAL IMPACT REPORT:___________
Notice of Notice of Notice of
Preparation: Canpietion: Determination:
PLANNING COMUSSION
1. Date of Hearing: H - 13 -S -5
2. Publication: lo -
3. Notice to Property-owners: /O - /1— S - -
4. Resolution No.___________________ Date-3 ACTION: 42p(oceq/
(Continued to:
5. Appeal:
CITY COUNCIL
1. Date of Hearing: __-3-- <S
2. Notices to City Clerk:/O-c8
(,usL/i 4dd(
00ndlibin's
3. Agenda Bill: ______________________
4. Resolution No. _7 Date AC'ITON :LL e/4—
5. Ordinance No. Date:_______
Staff Report to applicant:____________________
Resolution to Applicant:
PL. AO FiL5
Lots 92 — 109 11111111111 L
o.7o,
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alt Al Q76j)
Ok
-
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93 14
PØA I
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52
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4/ -'Zf 4ez,4'2&A(
- 4fl
- 74--
- CARLSBAD RESEARCH CENTER
CT 85-24
47
4.34 AC
/224