HomeMy WebLinkAboutCT 93-04; CARRILLO RANCH VILLAGES L,M,N,Q,R&T; Tentative Map (CT)4 I
Recording Requested By
and
When Recorded Mail To:
HECHT, SOLBERG, ROBINSON & GOLDBERG LLP
Mr. A. John Hecht
600 West Broadway, Eighth Floor
San Diego, California 92101
MASTER
DECLARATION OF RESTRICTIONS
RANCHO CARRILLO MASTER ASSOCIAT2dN
CT3'
APPROVED PLAN
Rancho Carrillo
5/1/97
b.
4
TABLE OF CONTENTS
PAGE
RECITALS . 1
ARTICLE 1 DEFINITIONS .......................................3
Section 1 .1 Apartment Project ..................................3
Section 1.2 Articles ..........................................3
Section 1.3 Board ...........................................3
Section 1.4 Bylaws ..........................................3
Section 1.5 Carlsbad Brush Requirements ...........................3
Section 1.6 City ............................................3
Section 1.7 Common Interest Development .........................3
Section 1.8 Cost Center Amenities ...............................3
Section 1.9 Cost Center Area ...................................4
Section 1.10 Cost Center Assessments .............................4
Section 1.11 Declarant .........................................4
Section 1.12 Delegate .........................................4
Section 1.13 Delegate District ....................................4
Section 1.14 Eligible Insurer or Guarantor ............................4
Section 1.15 Eligible Mortgage Holder ..............................5
Section 1.16 FHA ............................................5
Section 1.17 FHLMC ..........................................5
Section 1.18 FNMA ...........................................5
Section 1.19 GNMA ...........................................5
Section 1.20 Guest Builder ......................................5
Section 1.21 Master Association ..................................5
Section 1.22 Master Association Property ...........................5
Section 1.23 Master Declaration ..................................6
Section 1.24 Member ..........................................6
Section 1.25 Mortgage .........................................6
Section 1.26 Mortgagee ........................................6
Section 1.27 Owner ...........................................6
Section 1.28 Phase ...........................................6
Section 1.29 Phase 1 ..........................................6
Section 1.30 Retail Buyer ......................................7
Section 1.31 Villages ..........................................7
Section 1.32 Properties ........................................7
Section 1 .33 Separate Interest ...................................7
Section 1.34 VA ............................................7
ARTICLE 2 MASTER ASSOCIATION PROPERTY ....................... 7
Section 2.1 Status of Title to Master Association Property ............... 7
Section 2.2 Transfer of Master Association ......................... 7
Section 2.3 Master Association Management ........................ 8
Section 2.4 City Easement .................................... 10
Section 2.5 Delegation of Use .................................. 10
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ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS IN MASTER ASSOCIATION .. 10
Section 3.1 Organization of Master Association ..................... 10
Section 3.2 Membership ...................................... 10
Section 3.3 Transfer of Membership ............................. 10
Section 3.4 Notice of Transfer ................................. 11
Section 3.5 Multiple Ownership ................................. 1 1
Section 3.6 Voting Classes .................................... 11
(a) Class A ..................................... 11
(b) Class B ..................................... 11
(c) Class C ..................................... 12
Section 3.7 Voting by Delegates ................................ 13
(a) Delegates and Alternate Delegates from Subassociations . 13
(b) Delegates and Alternate Delegates if No Subassociation ... 13
(c) Number of Delegate Votes ........................ 14
(d) No Class B or C Votes ........................... 14
(e) Allocation of Delegate Votes ...................... 1 4
Section 3.8 Suspension of Voting Rights .......................... 1 5
Section 3.9 Direct Vote of Members Required For Certain Matters ........ 1 5
ARTICLE 4 COVENANT FOR MAINTENANCE ASSESSMENTS TO MASTER
ASSOCIATION .................................... 16
Section 4.1 Covenant for Assessments ........................... 1 6
Section 4.2 Purpose of Assessments ............................. 1 6
(a) Generally .................................... 1 6
(b) Possible Suspension of Reserves ................... 1 7
(C) Cost Center Assessments ........................ 1 7
(d) Cost Center Accounting .......................... 1 7
Section 4.3 Maximum Regular and Special Assessments ............... 17
Section 4.4 Certain Items Not Included ........................... 1 8
Section 4.5 DRE Approved Budget Increases ....................... 18
Section 4.6 Special Assessment Exception ......................... 1 8
Section 4.7 Special Assessments For Cost Center Areas ............... 1 8
Section 4.8 Due Dates; Certification of Payment Status ................ 1 8
Section 4.9 Non-Lien Assessments (Compliance) ..................... 18
Section 4.10 Assessments Levied By City .......................... 1 9
Section 4.11 Schedule of Monetary Penalties ........................ 1 9
Section 4.12 Rate of Assessments ............................... 20
(a) Apartment Projects ............................. 20
(b) Non-lien Assessments ........................... 20
(c) Model Homes ................................. 20
(d) Cost Center Assessments ........................ 20
Section 4.13 Date of Commencement of Regular Assessments (Other Than
Apartment Projects) ............................ 20
Section 4.14 Date of Commencement of Regular Assessments (Apartment
Projects) .................................... 20
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Section 4.1 5 Earlier Commencement of Assessments If Specified 20
Section 4.16 Due Dates ....................................... 21
Section 4.17 Model Homes ..................................... 21
Section 4.18 Effect of Non-Payment of Assessments; Remedies of the
Master Association ............................. 21
Section 4.19 Lien Rights ...................................... 22
Section 4.20 Notice of Release .................................. 22
Section 4.21 Foreclosure Procedure; Power of Sale .................... 22
Section 4.22 Subordination of the Lien to First Deeds of Trust and First
Mortgages ................................... 23
Section 4.23 Estoppel Certificate ................................ 23
Section 4.24 Personal Liability of Owner ........................... 23
Section 4.25 Taxation of Master Association ........................ 23
Section 4.26 Uncompleted Facilities .............................. 24
Section 4.27 Capitalization of Master Association ..................... 24
(a) Phase 1 ..................................... 24
(b) Other Phases ................................. 24
(c) Escrow; Not in Lieu of Assessments; Builder/Declarant
Exemption .................................. 24
Section 4.28 Assessment Amounts May Differ From Budget ............. 24
ARTICLE 5 INSURANCE AND CONDEMNATION ...................... 25
Section 5.1 Insurance ....................................... 25
(a) General Liability Insurance ........................ 25
(b) Officers and Directors ........................... 25
(c) Fidelity Bond ................................. 25
(d) Master Association Property Insurance ............... 25
(e) If Coverage Not Available ........................ 25
(f) Copies of Policies; Provisions ...................... 26
(g) Annual Insurance Review ......................... 26
(h) Notice Required; Waiver of Subrogation ............... 26
(i) Loan Purchaser Requirements ...................... 26
(j) Additional Insurance ............................ 26
(k) Owners' Insurance ............................. 26
Section 5.2 Condemnation .................................... 27
ARTICLE 6 MASTER ASSOCIATION MAINTENANCE RESPONSIBILITIES ..... 27
Section 6.1 Areas to be Maintained .............................. 27
Section 6.2 Phasing ......................................... 27
Section 6.3 Melrose Dam Maintenance ........................... 27
Section 6.4 Level of Other Landscape Maintenance ................... 28
Section 6.5 Right To Enter .................................... 29
Section 6.6 No Off-Road Vehicles ............................... 29
Section 6.7 Maintenance Agreements ............................ 29
Section 6.8 City's Rights if Master Association Fails to Maintain .......... 29
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Section 6.9 Limitation on Liability of Master Association's Directors and
Officers . ........................29
(a) Claims Regarding Breach of Duty ...................29
(b) Other Claims Involving Tortious Acts and Property Damage . 30
ARTICLE 7 MAINTENANCE BY OWNERS AND SUBASSOCIATIONS ........ 30
Section 7.1 Obligation To Maintain .............................. 30
Section 7.2 Walls and Fences .................................. 30
Section 7.3 Master Association Fences Or Walls Adjoin Separate Interests
or Apartment Projects ........................... 30
(a) Boundary .................................... 31
(b) Maintenance .................................. 31
Section 7.4 Replacement of Walls or Fencing ....................... 31
Section 7.5 Subassociation Maintenance .......................... 31
Section 7.6 Master Association's Right To Maintain Owners' Apartment
Projects and Separate Interests .................... 31
Section 7.7 Owners To Notify Master Association .................... 31
Section 7.8 Master Association's Right to Repir Neglected Lots ......... 32
ARTICLE 8 MASTER ARCHITECTURAL COMMITTEE ................... 32
Section 8.1 Multiple Committees Permitted ........................ 32
Section 8.2 Members of Master Architectural Committee ............... 32
Section 8.3 Rights of Appointment .............................. 32
Section 8.4 Designation of MACs ............................... 33
Section 8.5 Architectural Review Procedures ....................... 33
(a) Review of Plans and Specifications .................. 33
(b) Scope of Review ............................... 33
(c) Criteria ..................................... 33
(d) No Obligation To Preserve View or Privacy ............ 34
(e) Guidelines; Deposit ............................. 34
(f) Subassociation Architectural Controls ................ 34
(g) Approvals May Be Conditioned ..................... 34
(h) Period for Approvals ............................ 35
(i) Variances .................................... 35
(j) No Waiver of Future Approvals ..................... 35
(k) Correction of Defects ........................... 35
Section 8.6 Meetings of the Master Architectural Committee ............ 37
Section 8.7 Notice of Appointment .............................. 37
Section 8.8 Diligence In Construction ............................. 37
Section 8.9 Declarant and Guest Builder Exemptions .................. 37
Section 8.10 Apartment Project Exemption .......................... 37
ARTICLE 9 ANNEXATION ..................................... 3 8
Section 9.1 By Master Association .............................. 38
Section 9.2 By Declarant ..................................... 38
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Section 9.3 Deannexation 38
Section 9.4 Supplementary Restrictions ...........................38
Section 9.5 VA ...........................................39
Section 9.6 Declarant's Consent Required For Amendment ..............39
ARTICLE 10 USE RESTRICTIONS ................................. 39
Section 10.1 In General ....................................... 39
Section 10.2 Residential Use ................................... 39
Section 10.3 Solar Panels, Antennae, Satellite Dishes .................. 39
Section 10.4 No Time-Share Projects .............................. 40
Section 10.5 Signs .......................................... 40
Section 10.6 Animals ........................................ 40
Section 10.7 Nuisances ....................................... 41
Section 10.8 Drainage ........................................ 41
Section 10.9 No Hazardous Activities ............................. 41
Section 10.10 Unsightly Articles .................................. 42
Section 10.11 No Temporary Structures ............................ 42
Section 10.12 Garages; Vehicular Restrictions ........................ 42
Section 10.13 Installation of Front Yard Landscaping ................... 42
Section 10.14 Outdoor Lighting .................................. 43
Section 10.15 Basketball Hoops .................................. 43
Section 10.16 Back Yards; No Sheds ............................... 43
Section 10.17 Compliance With City Requirements ..................... 43
Section 10.18 Owners Responsible for Damage ....................... 43
Section 1 0.1 9 Construction and Sales Activities ....................... 44
Section 10.20 Owners May Not Change Master Association Property ........ 44
Section 10.21 Burning ......................................... 44
Section 10.22 Site Distance Corridors .............................. 44
Section 10.23 Open Space and Fire Suppression Zones .................. 44
Section 10.24 Reduction of Surface Pollutants ........................ 44
ARTICLE 11 RIGHTS OF LENDERS ................................45
Section 11.1 Payments of Taxes or Premiums by First Mortgagees ......... 45
Section 11.2 Priority of Lien of Mortgage ........................... 45
Section 11.3 Curing Defaults ................................... 45
Section 11.4 Approval of Eligible Mortgage Holders .................... 45
Section 11.5 Termination of Legal Status ........................... 46
Section 11.6 Restoration of Master Association Property ................ 46
Section 11.7 Professional Management ............................ 47
Section 11.8 Notice to Eligible Mortgagees .......................... 47
Section 11.9 Documents to be Available ........................... 47
Section 11.10 Conflicts ........................................ 48
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ARTICLE 12
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
Section 12.6
Section 12.7
Section 12.8
Section 12.9
Section 12.10
Section 12.11
Section 12.12
Section 12.13
Section 12.14
ADDITIONAL PROVISIONS ............................. 48
Enforcement ..................................... 48
Severability ...................................... 48
Amendments ..................................... 48
(a) By Declarant .................................. 48
(b) By Members .................................. 48
(c) Amendments Material to Mortgagees ................ 49
(d) Amendments To Specific Clauses ................... 50
(e) Reduction of Required Percentage ................... 50
(f) City Approval For Certain Amendments ............... 50
(g) Amendment To Cost Center Provisions ............... 50
Extension of Master Declaration ........................ 50
Encroachment Easements ............................ 51
Master Association Maintenance of LMD Areas ............. 52
Cost Center Easements .............................. 52
Easement to Inspect and Test ......................... 52
Information About Public Transportation .................. 52
Special Responsibilities of Master Association .............. 52
Litigation ........................................ 53
Conflicts Between Master Declaration and Subassociation
Declaration ................................... 53
FHA and VA Approval ............................... 53
Disclosure of Financing of Schools ...................... 53
SUBORDINATION AGREEMENT(S)
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MASTER
DECLARATION OF RESTRICTIONS
THIS MASTER DECLARATION OF RESTRICTIONS is made as of this ____ day of
1997, by CONTINENTAL RANCH, INC., a Delaware corporation (hereinafter
referred to as "Declarant"), with reference to the following
RECITALS:
A. Declarant is the owner of substantial portions of that certain real property
located in the City of Carlsbad, County of San Diego, California, which is more particularly
described on Exhibit "A" attached hereto and by this reference made a part hereof (the
"Properties"). The Properties consist of approximately 690 acres of land. Declarant anticipates
that it may become the owner of those portions of the Properties not currently owned by
Declarant.
B. Declarant proposes that the Properties be developed in phases for residential and
related uses. If fully developed consistent with current City approvals, there would be
approximately 923 detached single-family residences and approximately 735 duplex, triplex,
townhome and other attached homes constructed; however, there is no guarantee or
assurance that all of the Properties will be developed or developed in any particular sequence
or that all of the Properties will become annexed to this Master Declaration.
C. The Properties include several planned neighborhood communities referred to as
"Villages". Exhibit "B" attached hereto describes the Villages which are presently planned for
the Properties. However, such planning is subject to being changed from time to time.
D. Separate homeowners associations may be established for particular Villages
(such homeowners associations are referred to as "Subassociations"). A separate declaration
of restrictions ("Subassociation Declaration") will be recorded for each such Subassociation
which is so formed. There is no requirement that a Subassociation be established for any
portion of the Properties. Cost Centers (as later defined) may be established for neighborhoods
which do not have Subassociations but which do have private streets or which have other
commonly maintained amenities which are likely to be used only by the residents of that
neighborhood.
E. It is intended that each Village will be developed in phases ("Phases") and it is
anticipated that there may be concurrent development and marketing of some Phases in more
than one Village during the development of the Properties. Initially, this Master Declaration
will encumber Village 0. It is intended that additional Villages or Phases within additional
Villages will become annexed to this Master Declaration during the course of the development
of the Properties.
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F. Phase 1 will consist of - Separate Interests to be located within Village 0.
Village 0 includes Lots of CARLSBAD TRACT NO. - ,in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. , filed in the Office of
the County Recorder of San Diego County, California, on . This Master
Declaration will establish a Common Interest Development of the kind known as a Planned
Development. The Planned Development of the Properties is sometimes referred to in this
Master Declaration as "Rancho Carrillo".
G. Declarant has established the RANCHO CARRILLO MASTER ASSOCIATION, a
nonprofit mutual benefit corporation ("Master Association"), as the entity which will own
and/or maintain certain open spaces, slope areas, entryways, walls, and similar areas within
the Properties ("Master Association Property"). It is intended that certain open space areas
(such as public street parkways and medians) be maintained by a landscaping maintenance
district established or to be established by the City of Carlsbad. In addition, it is presently
planned that a recreational vehicle parking lot and a recreational facility will be transferred to
the Master Association as a part of the Master Association Property in future Phases.
Currently it is planned that the recreational vehicle parking lot will be transferred to the Master
Association at such time as - Separate Interests are subject to the Master Association's
regular assessments and that the recreation area will be transferred to the Master Association
at such time as Separate Interests are subject to the Master Association's regular assess-
ments. However, no assurance is given if or when the recreational vehicle lot or recreational
facility will be built or transferred to the Master Association.
H. It is not certain whether any Apartment Projects will be constructed within the
Properties or, if constructed, whether they would be annexed to this Master Declaration.
Declarant shall have the right to annex one or more Apartment Projects within the Properties
to this Master Declaration. However, alternatively, the Master Association and an Apartment
Project owner may, but shall not be obligated to, enter into an agreement for joint use of
Master Association Property and cost sharing purposes, if applicable.
I. It is intended that the property subject to this Master Declaration constitute a
master planned community as such term is referred to in Section 2792.32 of Title 10 of the
California CODE OF REGULATIONS.
J. Before selling any of Phase 1, Declarant wishes to impose the following plan of
covenants and restrictions on Phase 1.
NOW, THEREFORE, Declarant hereby certifies and declares and does hereby establish
the following general plan for the protection and benefit of all of the Properties and has fixed
and does hereby fix the following protective covenants and restrictions upon each and every
ownership interest in Phase 1 (described below) and those additional portions of the Properties
which become annexed to this Master Declaration, under which covenants and restrictions
each ownership interest therein shall be hereafter, held, used, occupied, leased, sold,
encumbered, conveyed and/or transferred. Each and all of said covenants and restrictions are
for the purpose of protecting the value and desirability of and shall inure to the benefit of all
of the Properties, and shall run with and be binding upon and pass with Phase 1 and, upon
annexation, each portion of the Properties which is subsequently annexed to this Master
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Declaration and each and every ownership interest therein and shall inure to the benefit of,
apply to and bind the respective successors in title or interest of Declarant to Phase 1, and,
upon such annexation, additional portions of the Properties. The portions of the Properties to
be so annexed may consist of additional Villages or only a certain Phase or Phases within
Villages. The portions to be annexed to this Master Declaration may also include Master
Association Property.
ARTICLE 1
DEFINITIONS
Section 1.1. "Apartment Project" shall mean and refer to three (3) or more
residences which are on the same lot or parcel, rented to tenants but not within a Common
Interest Development as defined in CIVIL CODE § 1351(c). An Apartment Project may be
converted to a Common Interest Development with Separate Interests and shall be deemed
so converted as to the entire Apartment Project upon the first conveyance to a third party of
a separate apartment unit located in such project.
Section 1.2. "Articles" shall mean and refer to the Articles of Incorporation of the
Master Association as they may from time to time be amended.
Section 1.3. "Board" shall mean and refer to the Board of Directors of the Master
Association.
Section 1. . "Bylaws" shall mean and refer to the Bylaws of the Master Association
as they may from time to time be amended.
Section 1.5. "Carlsbad Brush Requirements" shall mean and refer to the brush
control specifications contained in the City of Carlsbad Landscape Manual adopted by the City
of Carlsbad on November 13, 1990 together with (and as may be modified by) the particular
brush management program approved by the City for the Rancho Carrillo project as the City
of Carlsbad Landscape Manual or the brush management program(s) may be revised from time
to time.
Section 1.6. "City" shall mean the City of Carlsbad.
Section 1.7. "Common Interest Development" shall mean and refer to any of the
following types of projects: Condominium, community apartment, planned development or a
stock cooperative, as such projects are defined under California law.
Section 1.8. "Cost Center Amenities" shall mean and refer to those Master
Association maintained amenities which are located within the Cost Center Area and are likely
to be used primarily by the Owners within the Cost Center Area. The instrument (e.g., the
Notice of Declaration of Annexation) which identifies a Cost Center Area shall also identify the
applicable Cost Center Amenities. Two examples of amenities which may be Cost Center
Amenities are (i) private streets which are internal to a Cost Center Area and which generally
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serve primarily that area and (ii) a private park which generally serves a Cost Center Area but
is isolated from other portions of the Properties and not likely to be used by Owners outside
of the Cost Center Area.
Section 1.9. "Cost Center Area" shall mean and refer to a portion of the Properties
which has been designated to be within a specific Cost Center Area by a recorded document
(such as a Notice of Declaration of Annexation) signed by Declarant and signed by each person
who owns any portion of such area at the time the document designating the Cost Center Area
is recorded. Although Cost Center Areas may be designated for Apartment Projects as well
as Separate Interests, it is not intended that the same Cost Center Area include both Separate
Interests and an Apartment Project. It is not intended that Cost Center Areas will be
established for commonly maintained slopes, medians, parkways or for brush removal
purposes.
Section 1.10. "Cost Center Assessments" shall mean and refer to an additional
component of Master Association regular assessments or special assessments against the
Separate Interests or Apartment Project, which lie within a particular Cost Center Area, for
payment of the operating costs and reserves and other items applicable to the Cost Center
Amenities within the Cost Center Area. Reference to "regular assessments" or "special
assessments" in this Master Declaration shall also refer to the Cost Center Assessments with
respect to the Separate Interests or Apartment Project within a Cost Center Area.
Section 1.11. "Declarant" shall mean and refer to CONTINENTAL RANCH, INC., a
Delaware corporation. Declarant shall also refer to (i) the assigns of Declarant who are
expressly assigned the rights of Declarant (any such assignment need not be of all of the rights
of Declarant), and (ii) successors of Declarant who become successors by operation of law or
by exercise of the remedies under a mortgage, deed of trust or deed in lieu of foreclosure.
Section 1.12. "Delegate" shall mean and refer to the natural person selected to
represent all the Class A Members within the Delegate District and to vote on their behalf, as
further provided in this Master Declaration and in the Bylaws.
Section 1.13. "Delegate District". Each group of Separate Interests which are under
the jurisdiction of the same Subassociation shall comprise a separate Delegate District. Those
Separate Interests, if any, which are not within the jurisdiction of any Subassociation shall be
within the Delegate District described by documents executed by Declarant and recorded from
time to time with the County Recorder of the County of San Diego. Declarant anticipates that
there will be a separate Delegate District established for each Village within Rancho Carrillo.
The first Delegate District is hereby designated as Village 0 Delegate District which will include
the Separate Interests in Phase 1 and any additional Separate Interests which are added to
such Delegate District by means of a recorded instrument(s) executed by Declarant from time
to time.
Section 1.14. "Eligible Insurer or Guarantor" shall mean and refer to an insurer or
governmental guarantor who has requested notice from the Master Association of those
matters which such insurer or guarantor is entitled to notice of by reason of this Master
Declaration or the Bylaws of the Master Association and who has provided the Master
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Association with the address to which such notice is to be sent and the Separate Interest
number which is encumbered by a Mortgage in which it has an interest.
Section 1.15. "Eligible Mortgage Holder" shall mean and refer to a holder of a first
Mortgage on a Separate Interest or Apartment Project who has requested notice from the
Master Association of those matters which such holder is entitled to notice of by reason of
this Master Declaration or the Bylaws of the Master Association and who has provided the
Master Association with the address to which such notice is to be sent and the Separate
Interest unit number which is encumbered by a Mortgage in which it has an interest.
Section 1.16. "FHA" shall mean and refer to the Federal Housing Administration.
Section 1.17. "FHLMC" shall mean and refer to the Federal Home Loan Mortgage
Corporation.
Section 1.18. "FNMA" shall mean and refer to the Federal National Mortgage
Association.
Section 1.19. "GNMA" shall mean and refer to the Government National Mortgage
Association.
Section 1.20. "Guest Builder" shall mean and refer to the following persons if so
designated by Declarant: Each person (including any legal entity) who acquires a portion of
the Properties for the purpose of improving such portion for resale to the general public.
"Guest Builder" shall not mean and refer to Declarant or any successive Declarant. No person
shall be deemed to be a Guest Builder unless Declarant so designates such person in writing.
Section 1.21. "Master Association" shall mean and refer to RANCHO CARRILLO
MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation, its successors and
assigns.
Section 1.22. "Master Association Property" shall mean all real property, easements,
interests in real property and licenses owned by or transferred to the Master Association for
the common benefit of the Owners. The Master Association Property shall be deemed
"common area" as defined in California CIVIL CODE Section 1351(b). The Master Association
Property which is a part of Phase 1 is described as follows:
[Describe the Master Association Property for Phase 11
Exhibit "B" attached hereto generally shows those areas which it is presently believed will
become the Master Association Property during the course of the development of Properties.
However, Exhibit "B" is tentative. The locations of the areas shown on Exhibit "B" are subject
to change, the Master Association Property is not limited to the areas shown on Exhibit "B"
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and no assurance is given that all the area shown on Exhibit "B" will be annexed to this Master
Declaration or become part of the Master Association Property. The Master Association
Property may include slopes outside of the Properties, including those slope maintenance
easements granted by those certain easement agreements ("Bressi Slope Easements)'
recorded , 1997 as Document No. 1997- , recorded
1997 as Document No. 1997- , and recorded
1997 as Document No. 1997- , Official Records of San
Diego County, California. Declarant shall have the right to transfer to the Master Association
its slope maintenance and related indemnity obligations under the Bressi Slope Easements.
Section 1.23. "Master Declaration" shall mean and refer to this Master Declaration
of Restrictions as it may be amended from time to time.
Section 1.24. "Member" shall mean and refer to each Owner entitled to membership
in the Master Association pursuant to the Article herein entitled "MEMBERSHIP AND VOTING
RIGHTS IN MASTER ASSOCIATION".
Section 1.25. "Mortgage" shall mean and refer to a Deed of Trust as well as a
mortgage.
Section 1.26. "Mortgagee" shall mean and refer to the beneficiary of a Deed of Trust
as well as the mortgagee of a mortgage encumbering a Separate Interest.
Section 1 .27. "Owner" means and refers to the person or persons, firm, corporation,
partnership or other entity who are alone or collectively the record owner of a fee simple title
to a Separate Interest or Apartment Project, including Declarant and Guest Builders, but
excluding those having any such interest merely as security for the performance of an
obligation. The term "Owner" shall include both the vendor and the vendee under an
installment land sales contract (as described in Sections 2985 through 2985.6 of the California
CIVIL CODE), as well as the holder of a leasehold estate having a term of ten (10) or more
years, including renewal periods.
Section 1.28. "Phase" shall mean and refer to a group of Separate Interests which
is annexed hereto and designated by Declarant as a separate Phase by a document (which may
be the Notice of Declaration of Annexation) executed by Declarant and recorded with the
County Recorder of the County of San Diego. If a Guest Builder has record title ownership of
the Separate Interests at the time of such recordation, the document to be recorded shall also
be signed by the Guest Builder. Should Declarant not have made a contrary designation, each
group of Separate Interests which have been made subject to this Master Declaration and are
covered by a separate final subdivision public report issued by the California Real Estate
Commissioner shall constitute a separate Phase. Phase 1 shall be deemed a separate Phase.
Each Apartment Project which has been annexed hereto, if any, shall also be deemed a
separate Phase.
Section 1.29. "Phase 1" means and refers to the following described detached
residences to be built within Village 0 which are to be covered by the first final subdivision
public report issued by the California Real Estate Commissioner for any portion of Village 0:
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There will be additional Phases within Village 0.
Section 1.30. "Retail Buyer" means an Owner of a Separate Interest who acquires his
or her Separate Interest by authority of a final subdivision public report issued by the Real
Estate Commissioner of the State of California. "Retail Buyer" does not refer to Declarant or
a Guest Builder.
Section 1.31. "Villages' means and refers to those areas designated on Exhibit "B"
attached hereto as Villages. However, Declarant shall have the right to change the Village
designations of any portion of the Properties except for Separate Interests which have been
conveyed to Retail Buyers. Any such re-designations may be in Declarations of Annexation
or another recorded instrument. This Master Declaration initially encumbers only Phase 1 of
Village 0.
Section 1.32. "Properties" shall mean and refer to that certain real property described
in Recital A to this Master Declaration.
Section 1.33. "Separate Interest" shall have the same meaning as is set forth in CIVIL
CODE § 1351(l). Two examples of Separate Interests are an individual unit in a condominium
project and an individual lot or parcel in a planned development project. Unless stated other-
wise, reference to a "Separate Interest" shall refer to the residence together with other
improvements located outside the residence but within the Separate Interest. A residential
structure which includes a main residence and a "granny flat" shall be deemed a single
Separate Interest unless shown otherwise on a condominium plan or subdivision map.
"Separate Interest" does not refer to an Apartment Project.
Section 1.34. "VA" shall mean and refer to the Department of Veterans Affairs.
ARTICLE 2
MASTER ASSOCIATION PROPERTY
Section 2.1. Status of Title to Master Association Property. All Master Association
Property which is transferred to the Master Association shall be transferred subject to this
Master Declaration, together with those covenants, conditions, restrictions, easements,
dedications and other encumbrances of record and reservations set forth on the deed of
conveyance; however, no Master Association Property will be transferred to the Master
Association subject to any Mortgages or other monetary liens other than non-delinquent
general and special taxes and assessments.
Section 2.2. Transfer of Master Association Property. The following open space lots
within CT No. 93-08, Map No.
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shall be transferred to the Master Association prior to close of the first escrow for the sale to
a Retail Buyer of a Separate Interest in the last Phase which is located within CT No. 93-08.
The open space lots which are shown on each other recorded final subdivision map for other
portions of the Properties which become annexed hereto shall be transferred to the Master
Association prior to close of the first escrow for the sale to a Retail Buyer of a Separate
Interest in the last Phase which is located within such final subdivision map.
Section 2.3. Master Association Management. The Master Association shall manage
and control the Master Association Property. Use of the Master Association Property will be
subject to the following:
(a) The Master Association shall have the right to charge for reasonable
admission and other fees for use of any portion of the Master Association Property and
to adopt rules and regulations regarding use of the Master Association Property, but in
doing so, the Board shall not distinguish between Owners or occupants of Separate
Interests and tenants in an Apartment Project which has been annexed hereto. The
Master Association shall have the right to enter into agreements which allow the use
of the Master Association Property by persons who are not Members (e.g., tenants of
an apartment project not annexed hereto) on such terms and conditions as are
acceptable to the Board.
(b) The Master Association shall have the right to suspend an Owner's
voting rights and right to use of any portion of the Master Association Property for any
period during which any assessment against his or her Separate Interest or Apartment
Project remains unpaid; and for a period not to exceed thirty (30) days for any
infraction of its published rules and regulations. No such suspension shall be effective
unless the Owner has been given fifteen (15) days' prior notice of the suspension and
the reasons therefor and the Owner has been given an opportunity to be heard by the
Board, orally or in writing, not less than five (5) days prior to the effective date of the
suspension. Notice may be given to the Owner by any method reasonably calculated
to provide actual notice, but if given by mail must be given by first-class or registered
mail sent to the last address of the Owner shown on the records of the Master
Association. In no event will the Master Association have the right to suspend the
right of access of an Owner to his or her Separate Interest or Apartment Project.
(c) The Master Association Property shall be subject to any dedicated
public rights and any third party easements or other rights which may exist of record.
For example, the right to use the Master Association Property shall be subject to the
provisions of any open space easements or similar interests dedicated to the City of
Carlsbad or any other governmental or quasi-governmental entity on any subdivision
map (or otherwise) covering the Properties or any portion of the Properties.
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1.
(d) The Master Association Property shall be subject to the provisions of
the Carlsbad Brush Requirements.
(e) The Master Association shall have the right, in accordance with the
Articles and Bylaws, to borrow money for the purpose of improving any Master
Association Property, and with the assent of a majority of each class of Members,
hypothecate any or all real or personal property owned by the Master Association.
(f) The Master Association shall have the right to dedicate any of the
Master Association Property to any public agency or any public interest environmental
or charitable organization.
(g) The Master Association shall have the right to adjust boundaries
between any Master Association Property and any adjoining property subject to the
approval of the adjoining property owner.
(h) Declarant and its agents, employees and independent contractors and
Guest Builders shall have:
(i) A non-exclusive easement over the Master Association Property
for the purpose of making repairs and for the purpose of constructing,
marketing, leasing and maintaining any portion of the Properties and maintaining
sales and construction offices; and
(ii) the right to the non-exclusive use of the Master Association
Property by Declarant and Guest Builders for the purpose of maintaining signs,
flags and similar improvements reasonably appropriate for marketing any portion
of the Properties. The rights under this Subsection (ii) shall continue for a period
of not more than (A) five (5) years after annexation of all the Properties, or (B)
the sale of all Separate Interests within the Properties, whichever shall first
occur.
Declarant shall be obligated to restore any damage which results from exercise of these
rights.
(i) Declarant shall have the right to reasonably use any clubhouse or other
recreational facilities within the Master Association Property for promotional and
marketing activities and Declarant shall have the right to reasonably demonstrate any
recreational facilities to prospective purchasers.
The use of the Master Association Property by Declarant and its agents shall not
unreasonably interfere with the use thereof, if any, by the Class A Members of the Master
Association.
Notwithstanding any other provision hereof, all rights of the Master Association
and Owners with respect to the Master Association Property are subject to all limitations
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5/1/97
imposed by any open space easements dedicated to the City of Carlsbad, the Carlsbad Brush
Requirements and all other items of record.
Section 2.4. City Easement. The City shall have an easement over the Master
Association Property for maintenance purposes which may be exercised upon the failure of the
Master Association to maintain the Master Association Property, pursuant to this Master
Declaration, and in accordance with the City's conditions of approval of final subdivision maps
covering portions of the Properties.
Section 2.5. Delegation of Use. Any Owner may delegate, in accordance with the
Bylaws, his or her rights of enjoyment, if any, to the Master Association Property to the
members of his or her family, his or her tenants or contract purchasers who reside within his
or her Separate Interest or Apartment Project. However, no such delegation by an Owner will
in any way extinguish, limit or otherwise release the Owner of any obligations or duties
imposed on the Owner by this Master Declaration and other governing documents.
ARTICLE 3
MEMBERSHIP AND VOTING RIGHTS IN MASTER ASSOCIATION
Section 3.1. Organization of Master Association. The Master Association is
organized as a California corporation under the California Nonprofit Mutual Benefit Corporation
Law and is charged with the duties and vested with the powers prescribed by law and set
forth in the Articles, Bylaws and this Master Declaration. Neither the Articles nor the Bylaws
shall be amended so as to be inconsistent with this Master Declaration. In the event that there
should exist any ambiguity in any provision of the Articles or Bylaws, then the provision shall
be construed, to the extent possible, so that the provision shall be consistent with this Master
Declaration.
Section 3.2. Membership. Each Owner (including Declarant and Guest Builders) of
one or more Separate Interests or Apartment Projects shall be a Member of the Master
Association. Membership in the Master Association shall be subject to the terms and
provisions of the Articles, Bylaws and the Board rules and regulations to the extent the
provisions thereof are not in conflict with the provisions of this Master Declaration. Tenants
of Separate Interests or Apartment Projects will not be Members of the Master Association.
Section 3.3. Transfer of Membership. Membership in the Master Association shall
be appurtenant to the Separate Interest or Apartment Project owned by each Owner, and
transfer of the Separate Interest or Apartment Project shall automatically transfer the
membership in the Master Association. A membership shall not be transferable or assignable,
except to the person to whom title to the Separate Interest or Apartment Project is transferred.
Ownership of a Separate Interest or Apartment Project shall be the sole qualification for
membership in the Master Association. Any attempt to make a prohibited transfer of a
membership shall be void and shall not be reflected on the books of the Master Association.
A Member shall have the right to assign his or her rights of use and enjoyment of the Master
Association Property to a tenant of his or her Separate Interest or Apartment Project in accor-
dance with this Master Declaration.
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Section 3.4. Notice of Transfer. Each Owner shall inform the Master Association
of the name of the purchaser of his or her Separate Interest or Apartment Project upon transfer
to the successive Owner and, in the event the Owner should fail or refuse to do, the Board
shall have the right to record the transfer upon the books of the Master Association without
such notice. The Master Association may levy a reasonable transfer fee limited to the Master
Association's actual costs to change its records, as a special assessment against each new
Owner and his or her Separate Interest or Apartment Project to reimburse the Master Asso-
ciation for the administrative cost of recording the transfer of the membership to the new
Owner in the records of the Master Association.
Section 3.5. Multiple Ownership. When more than one person, partnership,
corporation, firm or other entity owns a portion of the interest in a Separate Interest or
Apartment Project or when there is more than one Owner of a Separate Interest or Apartment
Project (as in the case of the vendor and the vendee under an installment land sales contract,
or as in the case of a leasehold estate exceeding ten (10) years) each such person shall be a
Member and, at any duly constituted meeting of the Members in a Delegate District, the vote
for the Separate Interest or Apartment Project shall be exercised as they among themselves
determine, but in no event shall more votes be cast with respect to any Separate Interest or
Apartment Project than could be cast if there were only one Owner. Unless the Board receives
written objection in advance, if any Owner casts a vote, it will thereafter be conclusively
presumed for all purposes that he or she was acting with the authority and consent of all other
Owners of the respective Separate Interest or Apartment Project.
Section 3.6. Voting Classes. The Master Association shall have three (3) classes
of voting membership, as follows:
(a) Class A. Initially, Class A Members shall be: (i) all Owners of Separate
Interests, with the exception of Declarant and Guest Builders; and (ii) all Owners of
Apartment Projects, including Declarant and Guest Builders. Each Class A Member
shall be entitled to one (1) vote for each Separate Interest which he or she owns and
one-half (Y2) of one (1) vote for each separate apartment unit which is located within
an Apartment Project which he or she owns. No votes shall, however, be attributable
to a Separate Interest until the Master Association's regular assessments have
commenced against the Separate Interest pursuant to the Article below entitled
"COVENANT FOR MAINTENANCE ASSESSMENTS TO MASTER ASSOCIATION".
Votes will be attributable to an Apartment Project only to the extent the Master
Association's regular assessments have commenced against the Apartment Project
pursuant to the Article below entitled "COVENANT FOR MAINTENANCE ASSESS-
MENTS TO MASTER ASSOCIATION". Declarant and Guest Builders shall become Class
A Members with regard to Separate Interests owned by Declarant or the Guest Builders
upon the conversion of Declarant's or the Guest Builder's Class B membership to Class
A membership as provided below.
(b) Class B. The Class B Members shall be Declarant and Guest Builders.
The Class B Members shall be entitled to three (3) times the number of votes to which
the Class B Members would have been entitled as Class A Members for the Separate
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Interests owned by the Class B Members. No votes shall, however, be attributable to
a Separate Interest until the Master Association's regular assessments have
commenced against the Separate Interest pursuant to the Article below entitled
"COVENANT FOR MAINTENANCE ASSESSMENTS TO MASTER ASSOCIATION". No
Class B membership shall be attributable to Apartment Projects. The Class B member -
ship shall forever cease as to all Separate Interests and be converted to Class A mem-
bership on the happening of any of the following events, whichever occurs earlier:
(i) When the Master Association's regular assessments have
commenced against an aggregate of 1,235 Separate Interests and apartment
units in Apartment Projects;
(ii) On the fifth anniversary following the most recent conveyance to
a Retail Buyer of the first Separate Interest in any Phase;
(iii) On the twenty-fifth anniversary of the first conveyance of a
Separate Interest to a Retail Buyer.
A Class B Member shall have the right to cause earlier conversion of its membership
to Class A by so notifying the Secretary of the Master Association in writing.
(c) Class C. In addition to other memberships it may hold, Declarant shall
be the sole Class C Member of the Master Association. The Class C membership shall
be considered a part of the Master Association's voting power for the sole purpose of
the Class C Member electing a majority of the directors of the Master Association, and
reference to "each class of membership" in this Master Declaration or in the Bylaws or
the Articles shall not refer to Class C membership for any purpose other than election
of Master Association directors. The directors shall be elected as set forth in the
Bylaws. The Class C membership shall forever cease on the happening of any of the
following events, whichever occurs earlier:
(i) When the Master Association's regular assessments have
commenced against an aggregate of 1,235 Separate Interests and apartment
units in Apartment Projects;
(ii) On the fifth anniversary following the most recent conveyance to
a Retail Buyer of the first Separate Interest in any Phase.;
(iii) On the twenty-fifth anniversary of the first conveyance of a
Separate Interest to a Retail Buyer.
The Class C member shall have the right to cause early termination of the Class C
membership or to reduce the number of directors which the Class C member is entitled
to appoint by so notifying the Secretary of the Master Association in writing.
Anything herein stated to the contrary notwithstanding, this Section shall not be amended to
affect Class B or C voting rights without Declarant's prior written consent.
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Section 3.7. Voting by Delegates.
(a) Delegates and Alternate Delegates from Subassociations. The
Properties shall be divided into Delegate Districts for purposes of casting Class A votes,
as described in this Article and as described in the Section entitled "Delegate District"
of the Article above entitled "DEFINITIONS". Each Delegate District which is comprised
of Separate Interests under the jurisdiction of a Subassociation shall be represented by
the person elected by the Class A Members of the Subassociation as the Delegate. The
Subassociation's Class A Members shall also designate another person to be an
Alternate Delegate who shall have and shall exercise the powers and duties of the Dele-
gate for that Delegate District whenever the Delegate is absent, disabled or unable to
act. The Subassociation's Declaration of Restrictions and/or Bylaws may set forth the
procedure whereby such Delegate and Alternative Delegate are elected by the members
of the Subassociation who are Class A Members of the Master Association. Should
such procedures not be set forth, the procedures set forth in this Section shall apply
to election of the Delegates and Alternate Delegates.
(b) Delegates and Alternate Delegates if No Subassociation. The District's
Delegate and Alternate Delegate shall be selected as follows for any Delegate District
comprised of Separate Interests not within the jurisdiction of a Subassociation.
(I) Each such Delegate District which is established for Separate
Interests not covered by a Subassociation shall hold an annual meeting of its
Class A Members prior to the annual meeting of all Members of the Master
Association. At the first meeting of each Delegate District's Class A Members
and at each subsequent annual meeting, the Class A Members of such Delegate
District shall elect (A) one (1) Delegate to the Master Association to exercise
the Class A voting power of all of the Members within the Delegate District and
(B) one (1) Alternate Delegate, who shall have and shall exercise the powers
and duties of the Delegate for that Delegate District whenever the Delegate is
absent, disabled or unable to act.
(ii) The chairman of any meeting at which the Delegate and the
Alternate Delegate are elected shall certify in writing to the Board the name and
address of the Delegate and the Alternate Delegate elected, the time and place
of the meeting at which the election occurred, and the Delegate District which
the Delegate and the Alternate Delegate represent.
(iii) The Delegate and the Alternate Delegate shall continue in office
for one (1) year or until their successors are elected, whichever is later, except
that a Delegate or an Alternate Delegate may be removed without cause by the
vote in person or by proxy at any duly constituted meeting of at least a majority
of the Class A voting power of the Members in the Delegate District.
(iv) Only Members of the Master Association or, if a Member is a
corporation or partnership or similar entity, the authorized agent of such entity,
shall be eligible for election as a Delegate or an Alternate Delegate. Upon
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termination of any Delegate's or Alternate Delegate's membership in the Master
Association, the Delegate's or Alternate Delegate's term of office shall
immediately terminate and a new Delegate or Alternate Delegate shall be
elected in his or her place.
(v) The Delegate and the Alternate Delegate shall be elected in accor-
dance with the voting procedures set forth herein and in the Bylaws.
(c) Number of Delegate Votes. At each annual or special meeting of
Members of the Master Association, each Delegate shall be entitled to cast the Class
A voting power for all of the Separate Interests located in the Delegate District
represented by the Delegate against which the Master Association's regular
assessments have commenced pursuant to the Article below entitled "COVENANT FOR
MAINTENANCE ASSESSMENTS TO MASTER ASSOCIATION". If the Delegate District
consists of an Apartment Project, the Delegate shall be entitled to cast the Class A
voting power equal to one-half ('/2) of one (1) vote for each separate apartment unit
within the Apartment Project, provided the Master Association's regular assessments
have commenced against the Apartment Project pursuant to the Article below
entitled "COVENANT FOR MAINTENANCE ASSESSMENTS TO MASTER ASSOCIA-
TION". Should an Apartment Project be developed incrementally, then the number
of Class A votes attributable to the Apartment Project shall be equal to one-half (Y2)
of the number of apartment units which are "located" in such project pursuant to the
Section below entitled "Date of Commencement of Regular Assessments (Apartment
Projects)" as of the date of the vote.
(d) No Class B or C Votes. No Delegate will have any authority to cast any
votes except the Class A votes for his or her District. Declarant alone shall have the
right to cast the Class C votes, and Declarant and each Guest Builder will have the right
to cast their respective Class B votes at any annual or special meeting of Members of
the Master Association or on any other applicable occasion. Nothing herein stated shall
be deemed to prevent Declarant or any Guest Builder from appointing a proxy to cast
votes.
(e) Allocation of Delegate Votes. A Delegate (other than a Delegate of an
Apartment Project) shall have the authority, in his or her sole discretion, to call a
special meeting of the Members within his or her Delegate District for the purpose of
obtaining instructions as to the manner in which he or she is to vote on any issue to
be voted on by the Delegates. Thereafter, the Delegate representing the Delegate
District shall cast all of the voting power in the Delegate District in the same
proportion, as nearly as possible without counting fractional votes, as the Members in
the Delegate District shall have cast their voting power "for" and "against" such issue
in person or by proxy. With respect to all other voting issues, a Delegate shall cast his
or her District's voting power in the manner as he or she may, in his or her sole
discretion, deem appropriate, acting on behalf of all the Members owning Separate
Interests in his or her Delegate District. When a Delegate is voting in his or her own
discretion, without instruction from the Members whom he or she represents, the
Delegate may cast all of the votes which he or she represents as a unit, or the Delegate
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may apportion the votes and cast some votes in favor of a given proposition and some
votes in opposition to the proposition. Each Delegate personally, and not by proxy,
shall cast the votes which he or she represents. It will be conclusively presumed for
all purposes of Master Association business that any Delegate casting votes on behalf
of the Members owning Separate Interests in his or her Delegate District has acted with
the authority and consent of all the Members. All agreements and determinations
lawfully made by the Master Association in accordance with the voting procedures
established herein, and in the Bylaws, shall be deemed to be binding on all Members,
and their successors and assigns.
Section 3.8. Suspension of Voting Rights. As provided in the Article above entitled
"MASTER ASSOCIATION PROPERTY", the Board shall have the authority, after notice and
hearing, to suspend the voting rights of any Member for any period during which the payment
of any assessment against the Member and his or her Separate Interest or Apartment Project
remains delinquent. Any suspension of the voting rights of any Member for non-payment of
any assessment shall not constitute a waiver or discharge of the Member's obligations to pay
the assessments provided for herein. Suspension of a Class A Member's voting rights shall
result in suspension of such Member's vote by the applicable Delegate.
Section 3.9. Direct Vote of Members Required For Certain Matters. Voting for the
following matters shall be by Members of the Master Association who are Owners of Separate
Interests and not by their Delegates:
(a) A vote to approve assessment increases pursuant to the Section below
entitled "Maximum Regular and Special Assessments" of the Article below entitled
"COVENANT FOR MAINTENANCE ASSESSMENTS TO MASTER ASSOCIATION";
(b) A vote to approve an amendment to this Master Declaration pursuant
to the Section below entitled "Amendments" of the Article below entitled
"ADDITIONAL PROVISIONS";
(c) A vote to approve an amendment to the Bylaws pursuant to the Section
of the Bylaws entitled "By Members" of the Article in the Bylaws entitled
"AMENDMENTS".
(d) A vote to elect or remove a Delegate shall be by Members of the
Delegate District to which such Delegate is to be elected or from which such Delegate
is to be removed.
(e) A vote by the Members pursuant to the Section below entitled "Special
Responsibilities of Master Association" of the Article entitled "ADDITIONAL
PROVISIONS";
(f) A vote to approve the sale of property of the Master Association during
any fiscal year having an aggregate fair market value in excess of five percent (5%) of
the budgeted gross expenses of the Master Association for the fiscal year, pursuant to
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the Section of the Bylaws entitled "General Rights and Powers; Borrowing Money;
Selling Master Association Property";
(g) A vote to approve aggregate capital expenditures during any fiscal year
in excess of five percent (5%) of the budgeted gross expenses of the Master
Association for that fiscal year, pursuant to the Section of the Bylaws entitled
"Restoration and Replacement; Capital Expenditures; and
(h) A vote to approve a service or management contract with a term longer
than one (1) year, pursuant to the Section of the Bylaws entitled "Goods and Services".
ARTICLE 4
COVENANT FOR MAINTENANCE ASSESSMENTS TO
MASTER ASSOCIATION
Section 4.1. Covenant for Assessments. Declarant, for each Separate Interest or
Apartment Project owned within the Properties, hereby covenants, and each Owner of a
Separate Interest or Apartment Project by acceptance of a deed therefor, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay to the Master
Association: (i) regular assessments and (ii) special assessments, such assessments to be
established and collected as hereinafter set forth and as provided in the Bylaws. Any
assessment shall be deemed delinquent if not paid within fifteen (1 5) days after it becomes
due. The regular and special assessments, together with interest at the rate of twelve percent
(12%) per annum commencing thirty (30) days after the assessment becomes due, costs, late
charges equal to $10.00 or ten percent (10%) of the delinquent assessment, whichever is
greater, and reasonable attorney's fees, shall, except as stated below, be a continuing lien
upon the Separate Interest or Apartment Project against which each such assessment is made,
the lien to become effective upon recordation of a notice of assessment. Each such assess-
ment, together with interest, costs, late charges and reasonable attorney's fees shall also be
the personal obligation of the person who was the Owner of such Separate Interest or
Apartment Project at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to an Owner's successors in title unless expressly
assumed by them. No Owner of a Separate Interest or Apartment Project may exempt himself
or herself from liability for assessments by waiver of the use or enjoyment of any of the
Master Association Property or by abandonment of his or her Separate Interest or Apartment
Project. Declarant shall pay all assessments levied by the Master Association against any
Separate Interest or Apartment Project owned by it at the same time, in the same manner and
in the same amounts as any other Owner.
Section 4.2. Purpose of Assessments.
(a) Generally. The assessments levied by the Master Association shall be
used exclusively to promote the health, safety and welfare of all the residents in all the
Phases and for the improvement and maintenance of the Master Association Property
for the common good of all the Phases, to discharge the Master Association's
obligations under this Master Declaration and the Bylaws, and to reimburse the Master
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Association for the costs incurred in bringing an Owner into compliance with the
Bylaws, this Master Declaration and the rules and regulations adopted by the Board.
The regular assessments shall include an adequate reserve fund for the periodic
maintenance, repair and replacement of those portions of the Master Association
Property where appropriate.
(b) Possible Suspension of Reserves. Reserves for certain items may be
suspended for a limited period pursuant to a maintenance or subsidy agreement
between Declarant or a Builder and the Master Association, the terms of which have
been approved by the California Department of Real Estate.
(c) Cost Center Assessments. Cost Center Assessments component of the
regular assessments levied by the Master Association against the Separate Interests
or Apartment Project within a Cost Center Area shall be used exclusively for the
operational costs and reserves applicable to the Cost Center Amenities within the Cost
Center Area. Cost Center Assessments may include, without limitation, estimated or
actual costs and expenses incurred by the Master Association in connection with
administrating the Cost Center Area, maintaining, repairing and replacing the Cost
Center Area amenities, obtaining and maintaining insurance coverage related to the
Cost Center Area amenities, providing utility services to the Cost Center Area amenities
and funding reasonable reserves for the repair or replacement of Cost Center Area
amenities.
(d) Cost Center Accounting. The Master Association shall provide for
separate accounting for funds which are collected and expended on behalf of Cost
Center Area. The Master Association shall also provide for the reserve study and the
annual review and disclosure of the reserves applicable to a Cost Center Area.
Section 4.3. Maximum Regular and Special Assessments. The Board shall levy
regular and special assessments sufficient to perform the obligations of the Master Association
as provided in this Master Declaration and the Bylaws; provided, however, except for
assessment increases necessary for emergency situations:
(a) the Board may not increase the regular assessments for any fiscal year
unless the Board has complied with the provisions of California CIVIL CODE §1365.5
(preparation and distribution of the budget), and
(b) the Board may not impose annual regular assessments which are in
aggregate more than twenty percent (20%) greater than the annual regular assess-
ments for the Master Association's preceding fiscal year nor special assessments which
in the aggregate exceed five percent (5%) of the budgeted gross expenses of the
Master Association for the fiscal year,
without the approval of Owners casting a majority of the votes at a meeting or election of the
Association conducted in accordance with Chapter 5 (commencing with §7510) of Part 3 of
Division 2 of Title 1 of the California CORPORATIONS CODE and §7613 of the California
CORPORATIONS CODE at which a quorum was present or participated. For purposes of this
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Section 4.3, "quorum" means more than fifty percent (50%) of the Owners. An emergency
situation is any one of the following:
(1) An extraordinary expense required by an order of a court;
(2) An extraordinary expense necessary to repair or maintain any Phase(s)
or any part of it for which the Master Association is responsible where a threat to
personal safety is discovered;
(3) An extraordinary expense necessary to repair or maintain any Phase(s)
or any part of it for which the Master Association is responsible that could not have
been reasonably foreseen by the Board in preparing and distributing the proforma
operating budget under Section 1365 of the California CIVIL CODE. However, prior to
the imposition or collection of an assessment under this Subsection (3), the Board shall
pass a resolution containing written findings as to the necessity of the extraordinary
expense involved and why the expense was not or could not have been reasonably
foreseen in the budgeting process, and the resolution shall be distributed to the
Members of the Master Association with the notice of assessment.
Section 4.4. Certain Items Not Included. Sums assessed against Owners pursuant
to the Section below entitled "Non-Lien Assessments (Compliance)" shall not be considered
in calculating the increases in assessments.
Section 4.5. DRE Approved Budget Increases. Notwithstanding the above stated
limitation against increases in general assessments, the Board may increase regular
assessments more than 20% if such increase was shown on a Master Association budget
approved by the California Real Estate Commissioner, provided such increase is consistent
with the requirements of California law.
Section 4.6. Snecial Assessment Exception Notwithstanding the above stated
limitation against increases in special assessments, the Board may levy special assessments
pursuant to the Section in the Bylaws entitled "Limitation on Expenditure of Reserve Funds".
Section 4.7. Special Assessments For Cost Center Areas. Special assessments may
also be levied against the Separate Interests or Apartment Project within a Cost Center Area
when they are directly related to the Cost Center Amenities within such Cost Center Area.
Section 4.8. Due Dates; Certification of Payment Status. The due dates shall be
established by the Board. The Master Association shall, within ten (10) days of delivery of a
written request and for a fee which does not exceed the Master Association's reasonable cost
to prepare and reproduce the certificate, furnish a certificate signed by an officer of the Master
Association or its agent setting forth whether the assessments on a specified Apartment
Project or Separate Interest have been paid. If a certificate states an assessment has been
paid, such certificate shall be conclusive evidence of such payment.
Section 4.9. Non-Lien Assessments (Compliance). The Master Association may also
impose a special assessment against any Member as a monetary penalty and/or to reimburse
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the Master Association for costs incurred in bringing a Member and/or his or her Separate
Interest or Apartment Project or tenants into compliance with the provisions of this Master
Declaration, the Articles, the Bylaws or the Master Association rules and regulations, which
assessment may be imposed upon the vote of the Board after notice and an opportunity for
a hearing which satisfy the requirements of Section 7341 of the California CORPORATIONS
CODE, as set forth in the Bylaws; provided, however, that except to the extent such special
assessment is to reimburse the Master Association for the cost of collecting assessments, the
special assessment shall not constitute a lien on the Owner's Separate Interest or Apartment
Project and shall be assessed only against the Owner which is or was in non-compliance. This
Section does not refer to charges imposed against an Owner which are late payment charges
allowed by California law for delinquent assessments, nor charges to reimburse the Master
Association for the loss of interest and for costs reasonably incurred (including attorney's fees)
in its efforts to collect delinquent assessments.
Section 4.10. Assessments Levied By City. In the event the City performs main-
tenance of the Master Association Property as provided in Section 6.8, the City shall submit
a written invoice to the Master Association for all costs incurred by the City to perform such
maintenance of the Master Association Property. The City shall provide a copy of such invoice
to each Owner, together with a statement that if the Master Association fails to pay such
invoice in full within the time specified, the City will pursue collection against the Owners
pursuant to the provisions of this Section and Section 6.8 below. The invoice shall be due and
payable by the Master Association within twenty (20) days of receipt by the Master
Association. If the Master Association fails to pay such invoice in full within the period
specified, payment shall be deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice. Thereafter, the City may
pursue collection from the Master Association by means of any remedies available in law or
in equity. Without limiting the generality of the foregoing, in addition to all other rights and
remedies available to the City, the City may levy a special assessment against the Owners of
each Separate Interest in the project for an equal pro-rata share of the invoice, plus the late
charge. Such special assessment shall constitute a charge on the land and shall be a
continuing lien upon each Separate Interest against which the special assessment is levied.
Each Owner in the project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Separate Interest and to bring all legal
actions and/or pursue lien foreclosure procedures against any Owner and his or her respective
Separate Interest for purposes of collecting such special assessment in accordance with the
procedures set forth in this Article.
Section 4.11. Schedule of Monetary Penalties. If the Master Association adopts a
policy of imposing any monetary penalty, including any fee, on any Owner for violation of this
Master Declaration or the rules of the Master Association, including any monetary penalty
relating to the activities of a guest or invitee of an Owner, the Board shall adopt and distribute
to each Owner, by personal delivery or first-class mail, a schedule of the monetary penalties
that may be assessed for those violations, which shall be in accordance with the authorization
for Owner discipline set forth in this Master Declaration and the Bylaws. The Board shall not
be required to distribute any additional schedules of monetary penalties unless there are
changes from the schedule that was adopted and distributed to the Owners pursuant to this
Section.
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Section 4.12. Rate of Assessments. Both regular and special assessments shall be
levied upon each Separate Interest in a uniform amount except as follows.
(a) Apartment Projects. The regular and special assessments against an
Apartment Project shall be in the amount of one-half (½) the assessment against each
Separate Interest times the number of apartments located within the Apartment Project
against which assessments have commenced. However, should an Apartment Project
be converted to a Common Interest Development, from and after the date the first
Separate Interest is conveyed, each separate residential unit (as shown on the
condominium plan) shall be deemed a Separate Interest and assessed accordingly.
(b) Non-lien Assessments. The Section above entitled "Non-Lien Assess-
ments (Compliance)" is an exception to the requirement that assessments be uniform.
(c) Model Homes. The Section below entitled "Model Homes" is an
exception to the requirement that assessments be uniform.
(d) Cost Center Assessments. In addition to the other components of
regular assessments, the Separate Interests or Apartment Project within a Cost Center
Area will be subject to the Cost Center Assessments applicable to the Cost Center
Area. The Cost Center Assessments shall be uniform for all Separate Interests within
a Cost Center Area.
Section 4.13. Date of Commencement of Regular Assessments (Other Than Apart-
ment Projects). Except for Apartment Projects, the regular assessments shall commence as
to all the Separate Interests in a Phase on the first day of the month following the conveyance
of the first Separate Interest to Retail Buyer in that Phase. For purposes hereof, "conveyance
of the first Separate Interest to an Owner" does not refer to the conveyance of a Separate
Interest to a Guest Builder or to a successive Declarant.
Section 4.14. Date of Commencement of Regular Assessments (Apartment Projects).
Unless the Notice of Declaration of Annexation whereby an Apartment Project becomes
annexed hereto sets forth an earlier date, the regular assessments shall commence against an
Apartment Project on the date the first apartment in the Apartment Project becomes occupied.
If any buildings within an Apartment Project are constructed incrementally, then, unless the
applicable Notice of Declaration of Annexation sets forth an earlier commencement date(s),
those apartment units within each apartment building shall be deemed to be "located" within
the Apartment Project (and assessments will commence as to the same) at such time as the
first apartment unit in such building becomes occupied.
Section 4.15. Earlier Commencement of Assessments If Specified. Anything herein
stated to the contrary notwithstanding, Declarant shall have the right but not the obligation
to cause earlier dates of commencement of assessments (regular and special) as to particular
Separate Interests or Apartment Projects by so declaring in a Notice of Declaration of Annex-
ation or other instrument executed by Declarant and filed with the County Recorder of the
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County of San Diego. Any such instrument must also be executed by the record title owner
of the Phase if the Phase is not owned by Declarant as of the date of such recordation.
Section 4.16. Due Dates. The Board shall fix the amount of the regular assessment
in advance of each regular assessment period, but may change the assessment amount on any
subsequent occasion, subject to the limitations stated in this Master Declaration. Written
notice of any changes to regular assessments or of any special assessment shall be sent to
every Owner by first class mail not less than 30 days nor more than 60 days prior to the
change in regular assessment or the special assessment becoming effective. The due dates
shall be established by the Board.
Section 4.17. Model Homes. Conveyance of a Separate Interest which is being used
by Declarant or a Guest Builder for model home, sales office, design center, construction office
or similar purposes (any of which uses are referred to in this Section as "Model Home") shall
not commence the regular assessments against such Separate Interest or other Separate
Interests within the Phase until discontinuance of use of such Separate Interest as a Model
Home or conveyance of any non-Model Home Separate Interest in the Phase, whichever first
occurs. During the period of time commencing on the first day of the month after conveyance
of a Separate Interest being used by Declarant as a Model Home and ending on the date
regular assessments commence against such Separate Interest:
(a) Declarant or the Guest Builder (as applicable) shall be solely responsible
to maintain all portions of the Phase in which a Separate Interest is being used as
Model Home; and
(b) Declarant or the Guest Builder (as applicable) shall pay to the Master
Association that portion, if any, of the budgeted reserves for replacement of any
Master Association Property components which is applicable to each Separate Interest
being used as a Model Home within the Phase in which the Model Home which has
been conveyed is located. "Budgeted reserves for replacement of any Master Associa-
tion Property components" means and refers to such amounts as are shown to be for
such purpose on the budget submitted by Declarant to and approved by the California
Real Estate Commissioner.
The Board shall have the right to inspect the areas being maintained by Declarant pursuant to
this Section to determine that such maintenance meets reasonable standards.
Section 4.18. Effect of Non-Payment of Assessments: Remedies of the Master
Association. Any assessment made in accordance with this Master Declaration shall be a debt
of the Owner of a Separate Interest or Apartment Project from the time the assessment is due.
The Master Association shall have the right to impose a late charge on delinquent assessments
equal to $10.00 or ten percent (10%) of the assessment, whichever is greater. Delinquent
assessments shall also bear interest at the rate of twelve percent (12%) per annum
commencing thirty (30) days after the assessment becomes due.
Before the Master Association may place a lien upon a Separate Interest or
Apartment Project to collect a debt which is past due, the Master Association shall notify the
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Owner in writing by certified mail of the fee and penalty procedures of the Master Association,
provide an itemized statement of the charges owed by the Owner, including items on the
statement which indicate the principal owed, any late charges and the method of calculation,
any attorney's fees and the collection practices used by the Master Association, including the
right of the Master Association to the reasonable costs of collection. Any payments toward
such a debt shall be first applied to the principal owed, and only after the principal owed is
paid in full shall such payments be applied to interest or collection expenses.
At any time after any assessments levied by the Master Association affecting
any Separate Interest or Apartment Project have become delinquent and provided the Board
has complied with the requirements set forth in the preceding paragraph, the Board may file
for recording with the County Recorder of the County of San Diego a notice of delinquency as
to such Separate Interest or Apartment Project, which notice shall state all amounts which
have become delinquent with respect to such Separate Interest or Apartment Project and the
costs (including attorney's fees), interest and late charges which have accrued thereon, the
amount of any assessments relating to such Separate Interest or Apartment Project which is
due and payable although not delinquent, a description of the Separate Interest or Apartment
Project with respect to which the delinquent assessments are owed, the name of the record
or reputed record Owner of such Separate Interest or Apartment Project and the name and
address of the trustee authorized by the Master Association to enforce the lien by sale. Such
notice shall be signed by the President or Vice President and by the Secretary or Assistant
Secretary of the Master Association and mailed in the manner set forth in CIVIL CODE Section
2924(b) to all record owners of the Owner's interest in the project no later than ten (10)
calendar days after recordation of the notice of delinquency.
Section 4.19. Lien Rights. Immediately upon recording of any notice of delinquency
pursuant to the foregoing provisions of this Article, the amounts delinquent, as set forth in
such notice, together with the costs of collection (including, but not limited to, attorney's
fees), late charges and interest accruing thereon, shall (except as provided in Section 4.9
above) be and become a lien upon the Separate Interest or Apartment Project described
therein, which lien shall also secure all other payments and/or assessments which shall
become due and payable with respect to said Separate Interest or Apartment Project following
such recording, and all costs (including attorney's fees), late charges and interest accruing
thereon. When a notice of assessment has been recorded, such assessment shall constitute
a lien on each respective Separate Interest or Apartment Project prior and superior to all other
liens, except (i) all taxes, bonds, assessments and other levies which, by law, would be
superior thereto, and (ii) the lien or charge of any first Mortgage of record.
Section 4.20. Notice of Release. In the event the delinquent assessments and all
other assessments which have become due and payable with respect to a Separate Interest
or Apartment Project together with all costs (including attorney's fees), late charges and
interest which have accrued on such amounts, are fully paid or otherwise satisfied prior to the
completion of any sale held to foreclose the lien provided for in this Article, the Board shall
record a further notice, similarly signed, stating the satisfaction and releasing of such lien.
Section 4.21. Foreclosure Procedure: Power of Sale. After expiration of thirty (30)
days following the recording of a lien created pursuant to this Article, each assessment lien
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may be foreclosed in the same manner as the foreclosure of a mortgage upon real property
under the laws of the State of California, or may be enforced by sale pursuant to Sections
2924 et seq. and Section 1 367 of the California CIVIL CODE, and to that end a power of sale
is hereby conferred upon the Master Association. The Master Association, acting on behalf
of the Owners, shall have the power to bid for the Separate Interest or Apartment Project at
a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to
recover a money judgment for unpaid assessments, rent and attorney's fees shall be main-
tainable without foreclosing or waiving the lien securing the same.
Section 4.22. Subordination of the Lien to First Deeds of Trust and First Mortgages.
The lien of the assessments provided for herein shall be subordinate to the lien of any first
Mortgage upon any Separate Interest or Apartment Project. Sale or transfer of any Separate
Interest or Apartment Project shall not affect the assessment lien. However, the sale or
transfer of any Separate Interest or Apartment Project pursuant to judicial or non-judicial
foreclosure of a first Mortgage shall extinguish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale or transfer shall relieve such
Separate Interest or Apartment Project from lien rights for any assessments thereafter
becoming due. Where the Mortgagee of a first Mortgage of record or other purchaser of a
Separate Interest or Apartment Project obtains title to the same as a result of foreclosure, such
acquirer of title, his or her successors and assigns, shall not be liable for the share of the
assessments by the Master Association chargeable to such Separate Interest or Apartment
Project which became due prior to the acquisition of title to such Separate Interest or
Apartment Project owned by such acquirer. The unpaid share of assessments shall be deemed
to be common expenses collectible from all of the Owners including such acquirer, his or her
successors and assigns.
Section 4.23. Estoppel Certificate. The Master Association shall furnish, pursuant to
the Section above entitled "Maximum Regular and Special Assessments", a certificate signed
by an officer of the Master Association or the Master Association's management agent setting
forth whether the assessments on a specified Separate Interest or Apartment Project have
been paid. A properly executed certificate of the Master Association as to the status of
assessments against a Separate Interest or Apartment Project is binding upon the Master
Association as of the date of its issuance.
Section 4.24. Personal Liability of Owner. No Owner may exempt himself or herself
from personal liability for assessments levied by the Master Association, nor release the
Separate Interest or Apartment Project owned by him or her from the liens and charges hereof
by waiver of the use or enjoyment of any of the Master Association Property or by abandon-
ment of his or her Separate Interest or Apartment Project.
Section 4.25. Taxation of Master Association. Any taxes which are assessed against
the Master Association Property or the personal property of the Master Association shall be
added to the regular assessments and, if necessary, a special assessment may be levied in an
amount equal to the taxes, to be paid in two (2) installments, thirty (30) days prior to the due
date of each tax installment.
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Section 4.26. Uncompleted Facilities. The Board may (but shalt have no obligation
to) exclude from Master Association regular assessments those portions of budgeted
assessments which are for the purpose of defraying expenses and reserves directly attributable
to the existence of improvements to be maintained by the Master Association but which are
not complete at the time of the assessment. Any such exemption from assessments shall be
in effect only until completion of the improvements, which may be evidenced by recordation
of a notice of completion for the same.
Section 4.27. Capitalization of Master Association.
(a) Phase 1. Upon acquisition of record title to a Separate Interest from
Declarant or a Guest Builder, each Owner of a Separate Interest within Phase 1 shall
contribute to the capital of the Master Association an amount equal to one-sixth (1 /6)
the amount of the then regular annual assessment for that Separate Interest.
(b) Other Phases. Upon acquisition of record title to a Separate Interest
from Declarant or a Guest Builder, each Owner of a Separate Interest within a Phase
subsequent to Phase 1, shall contribute to the capital of the Master Association the
amount, if any, specified by Declarant; provided, however, such amount of capital
contribution so specified by Declarant shalt not exceed one-sixth (1/6) the amount of
the then regular annual assessment for that Separate Interest.
(c) Escrow; Not In Lieu of Assessments; Builder/Declarant Exemption. It
is intended that the capital contributions made pursuant to this Section shall be depos-
ited by the buyer into the purchase and sale escrow and disbursed from the escrow to
the Master Association upon close of the escrow. The payments required under this
Section are in addition to and not in lieu of regular and special assessments of the
Master Association. It is not intended that this Section apply to conveyances of
Separate Interests to Guest Builders or to resales of Separate Interests by purchasers
from Declarant or Guest Builders.
Section 4.28. Assessment Amounts May Differ From Budget. The Master Associa-
tion's phased budget may show that the budgeted regular assessment amounts change as
assessments commence against additional Phases within the Properties during the period in
which the Properties are being developed and marketed. However, the Board shall have the
right to reasonably vary the regular assessment amounts from the budgeted assessment
amounts. It is anticipated that the Board may decide to not change or to delay the changes
in the regular assessment amounts as assessments commence against subsequent Phases in
order to avoid the confusion and administrative burden which would result from multiple
changes in the regular assessment amounts.
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ARTICLE 5
INSURANCE AND CONDEMNATION
Section 5.1. Insurance.
(a) General Liability Insurance. The Master Association shall obtain a
comprehensive general liability and property damage insurance policy insuring the
Master Association and the Owners against liability incident to ownership or use of the
Master Association Property. The limits of such insurance shall not be less than $3
Million covering all claims for death, personal injury and property damage arising out
of a single occurrence.
(b) Officers And Directors. Section 1365.7 of the California CIVIL CODE
provides for a partial limitation on the liability of volunteer officers and directors of the
Master Association who reside in a Separate Interest, provided that certain
requirements, as set forth in the Code section, are satisfied. The requirements include
that general liability insurance and insurance covering individual liability of officers and
directors for negligent acts or omissions be carried by the Master Association in
specified amounts. The Master Association shall maintain the insurance which satisfies
the requirements of the Code to limit the liability of volunteer officers and directors of
the Master Association.
(c) Fidelity Bond. The Master Association shall maintain a fidelity bond in
an amount equal to at least the estimated maximum amount of funds, including
reserves, in custody of the Master Association or its management agent at any given
time; provided, however, the fidelity bond shall not be less than a sum equal to three
(3) months' aggregate regular assessments on all Separate Interests and Apartment
Projects subject to assessments, including reserve funds. The fidelity bond shall name
the Master Association as obligee and insure against loss by reason of the acts of the
Board, officers and employees of the Master Association, and any management agent
and its employees, whether or not such persons are compensated for their services.
(d) Master Association Property Insurance. The Master Association shall
obtain the following fire insurance covering the Master Association Property if and
when a building with a replacement value of $10,000 or more, in 1997 dollars,
becomes located on the Master Association Property. A master fire insurance policy
with glass coverage and extended coverage endorsement for 100% of the current
replacement cost of all of the Master Association Property buildings, excluding land,
foundations, excavations and other items that are usually excluded from insurance
coverage. The maximum deductible amount shall be the lesser of $10,000 or 1% of
the policy face amount. Any proceeds from such insurance shall be payable to the
Master Association for the benefit of the Owners and their Mortgagees.
(e) If Coverage Not Available, If in any event any insurance policy, or
endorsement thereof, required by this Article is for any reason not reasonably available,
then the Master Association shall obtain such other or substitute policy or endorsement
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as may be available which provides, as nearly as possible, the coverage described
above. The Board shall notify the Owners of any material adverse changes in the
Master Association's insurance coverage.
(f) Copies of Policies; Provisions. Copies of all such insurance policies (or
certificates thereof showing the premiums thereon to have been paid) shall be retained
by the Master Association and open for inspection by Owners at any reasonable
time(s). All such insurance policies shall provide that they shall not be cancellable by
the insurer without first giving at least thirty (30) days' prior notice in writing to the
Master Association.
(g) Annual Insurance Review. The Board shall review the insurance carried
by the Master Association at least annually, for the purpose of determining the amount
of the insurance referred to in this Article. The Board may obtain a current appraisal
of the full replacement value of any improvements owned by the Master Association,
without deduction for depreciation, by a qualified appraiser, prior to each annual
review. Notwithstanding the requirement for annual review, the insurance policies
carried by the Master Association shall, to the extent possible, provide for automatic
adjustments of coverage levels to reflect the changes in costs resulting from inflation.
(h) Notice Required; Waiver of Subrogation. All insurance policies shall
provide that they shall not be cancellable by the insurer without first giving at least ten
(10) days prior notice in writing to the Master Association and the servicer of each first
Mortgage which requests such notice, and shall contain a waiver of subrogation by the
insurers against the Master Association, Board and Owners.
(I) Loan Purchaser Requirements. The Master Association shall
continuously maintain in effect casualty and liability insurance and a fidelity bond
meeting the insurance and fidelity bond requirements, if any, applicable to the
Properties, as established by FHA, VA, FNMA, GNMA or FHLMC so long as any of the
foregoing agencies is a Mortgagee or Owner of a Separate Interest within the
Properties, except to the extent such coverage is not available or has been waived in
writing by FHA, VA, FNMA, GNMA and FHLMC, as applicable.
(j) Additional Insurance. The Master Association may obtain such
additional insurance coverage as its Board deems appropriate, including, but not limited
to, coverage of its directors and officers.
(k) Owners' Insurance. It is not intended that the Master Association
insurance policies cover any Separate Interest or Apartment Project and each Owner
is responsible to obtain his or her own casualty and general liability insurance covering
his or her Separate Interest or Apartment Project. Each Owner shall obtain and
maintain, at his or her own expense, fire insurance coverage as may be required by the
Owner's institutional Mortgagee or, if no institutional Mortgage encumbers the Separate
Interest or Apartment Project, fire insurance in an amount not less than the replacement
cost of the structure.
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Section 5.2. Condemnation. In the event the Master Association Property or any
portion thereof shall be taken for public purposes by condemnation as a result of any action
or proceeding in eminent domain, or shall be transferred in lieu of condemnation to any
authority entitled to exercise the power of eminent domain, then the award or consideration
for such taking or transfer shall be paid to and belong to the Master Association.
ARTICLE 6
MASTER ASSOCIATION MAINTENANCE RESPONSIBILITIES
Section 6.1. Areas to be Maintained. The Master Association shall maintain and
provide for the maintenance of all of the Master Association Property, including, but not limited
to, any and all improvements which may have been made to the Master Association Property,
some of which may include recreational facilities, a recreational vehicle storage lot (located
on lot of CT 93-08, Map No. ), irrigation systems, landscaping, erosion control
devices, slopes, walls, drainage facilities, including but not limited to concrete terrace drains,
other private storm drain systems, private sewers, private water systems, fences, fire breaks,
brush management areas, open space areas, driveways, parking areas, private streets,
entryways, trash areas, pedestrian paths (some or all of which may be dedicated to the public),
a pedestrian bridge and buildings located within the Master Association Property. The Master
Association shall have the right to replace fences or walls within the Master Association
Property provided that any such replacement fencing is in substantial conformance with the
fencing and wall design approved by the City. The Master Association Property may in
addition include certain public areas such as parkways and medians within public streets.
Alternatively, those areas may be maintained by a public district or a Subassociation. The
Master Association will be obligated to maintain the Master Association Property within a
Phase upon commencement of the Master Association's regular assessments for such Phase,
unless and during the period the Declarant or a Guest Builder agrees to maintain such area.
Unless the context clearly indicates otherwise, reference to "Master Association
Property" in this Master Declaration or in the Bylaws will refer to all areas the Master Associa-
tion is obligated to maintain.
Section 6.2. Phasing. The Master Association Property located in Phase 1 is
described in the Article above entitled "DEFINITIONS". The Master Association Property
located in subsequent Phases will generally be those areas so described in the Notices of
Declaration of Annexation for such Phases.
Section 6.3. Melrose Dam Maintenance. A portion of the Master Association
Property in which water may accumulate during certain storms is identified by the Department
of Water Resources for the State of California as "Melrose Avenue Dam No. 1834". The
approximate location of this area ("Melrose Avenue Embankment") is shown on Exhibit "B"
attached hereto. This area falls within the jurisdiction of the California Division of Safety of
Dams ("DSOD"). The following requirements will apply from and after the date the Master
Association becomes responsible to maintain the Melrose Avenue Embankment:
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(a) The Master Association's representative, contractor or consultant will
meet with the DSOD at such time as DSOD performs its annual inspection of the
Melrose Avenue Embankment and the Master Association shall be responsible to pay
all applicable inspection fees required by the DSOD.
(b) The Master Association shall be responsible for maintenance of the
access road, the slopes and open space area (including the east facing Melrose slope,
inclusive of the area beneath the City drainage and access easements and the approach
to the headwall and outlet structure) and the protective fencing around the retention
basin in a manner consistent with DSOD requirements.
(c) Except for improvements which become necessary as a result of the
City's failure maintain items for which it is responsible, the Master Association shall be
responsible to pay any future costs related to subsequent improvements to the dam
outlet and inlet structures as may be required by the DSOD regardless of whether or
not such improvements are to be located within City easements.
(d) The Master Association shall cause any trees and bushes to be
removed from the upstream embankment face and a minimum of ten (10) feet past the
toe of the embankment into natural terrain to the extent required by the DSOD. It is not
currently anticipated that DSOD will require the landscaping required by City (as shown
on approved landscaping plans) be so removed.
(e) The Master Association shall cause all grassy areas and ground cover
to be regularly maintained and not allow the height of such landscaping to exceed
DSOD requirements. The Master Association shall take appropriate steps to remove
any trash and debris from the inlet area of the box culvert which would obstruct the
flow of water.
(f) The Master Association shall cause the rodent population to be
controlled.
(g) The Master Association shall cause trash pick-up to be regularly
performed.
(h) The Master Association shall cause re-planting and re-seeding as
required by the DSOD.
The Master Association agrees to save and hold the City harmless from any action which may
arise from the maintenance of the Master Association Property within the Melrose Avenue
Embankment.
Section 6.4. Level of Other Landscape Maintenance. The Master Association shall
provide landscaping, pruning and gardening properly to maintain and periodically replace when
necessary the trees, plants, grass and other vegetation originally placed in areas it is obligated
to maintain and to remove trash and debris from the Master Association Property. The Master
Association shall take such maintenance actions as are necessary to avoid erosion and to
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assure proper drainage of all areas it is obligated to maintain. The Master Association in its
maintenance activities shall comply with any City (and any other applicable governmental)
standards, requirements or restrictions which are applicable to the Properties, including the
Carlsbad Brush Requirements. All landscaping within the Master Association Property shall
be maintained in a healthy and thriving condition, free from weeds, trash and debris and shall
be maintained at least to the standards set by the City.
Section 6.5. Right To Enter. The Master Association shall have the right to enter
onto any Separate Interest or Apartment Project as may be necessary for the construction,
maintenance or emergency repair of the Master Association Property or, if necessary, for the
benefit of the Owners in common. Any damage caused by the entry of the Master Association
onto a Apartment Project or Separate Interest shall be repaired by the Master Association at
its expense. It is not intended that this Section give the Master Association the right to enter
inside any residence except during emergencies.
Section 6.6. No Off-Road Vehicles. The Master Association shall not permit
recreational off-road motor vehicle activity within the Master Association Property.
Section 6.7. Maintenance Agreements. The Master Association may enter into
agreements with Declarant, Guest Builders or others which provide for the maintenance of
Master Association Property.
Section 6.8. City's Rights If Master Association Fails To Maintain. In the event the
Master Association fails to maintain all or any portion of the Master Association Property in
accordance with this Article, the City shall have the right, but not the duty, to perform the
necessary maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Master Association, with a copy thereof to the Owners, setting forth with
particularity the maintenance which the City finds to be required and requesting the same to
be carried out by the Master Association within a period of thirty (30) days from the giving of
such notice. In the event the Master Association fails to carry out such maintenance of the
Master Association Property within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to reimbursement with
respect thereto from the Owners as provided in Section 4.10 above.
Section 6.9. Limitation on Liability of Master Association's Directors and Officers.
(a) Claims Regarding Breach of Duty. No director or officer of the Master
Association shall be personally liable to any of the Master Association's members, or
to any other person, for any error or omission in the discharge of their duties and
responsibilities or for their failure to provide any services required hereunder or under
the Bylaws, provided that such director or officer acted in good faith, in a manner that
such a person believes to be in the best interest of the Master Association and with
such care, including reasonable inquiry, as an ordinary prudent person in a like position
would use under similar circumstances. Without limiting the generality of the
foregoing, this standard of care and limitation of liability shall extend to matters
including, but not limited to, the repair and maintenance of Master Association
Property.
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(b) Other Claims Involving Tortious Acts and Property Damage. No director
or officer of the Master Association shall be responsible to any Owner or any member
of its family or tenants, guests, servants, employees, licensees, invitees, or any other
person for any loss or damage suffered by reason of theft or otherwise of any article,
vehicle or other item of personal property which may be stored by such Owner or other
person on any Apartment Project or within any Separate Interest or for any injury to or
death of any person or loss or damage to the property of any other person caused by
fire, explosion, the elements or any other Owner or person within the Properties, or by
any other cause, unless the same is attributable to his or her own willful or wanton act
of gross negligence. It is the intent of this section to provide volunteer directors and
officers with protection from liability to the full extent permitted by California CIVIL
CODE Section 1365.7, or comparable superseding statute, and to the extent this
provision is inconsistent with said section, the CIVIL CODE shall prevail.
ARTICLE 7
MAINTENANCE BY OWNERS AND SUBASSOCIATIONS
Section 7.1. Obligation To Maintain. No Apartment Project, Separate Interest or
improvement anywhere within any Phase shall be permitted to fall into disrepair or an unsightly
condition, and each Owner shall keep his or her Apartment Project or Separate Interest free
from weeds and all debris and shall keep all improvements located on his or her Apartment
Project or Separate Interest in good condition and repair. All landscaping shall be maintained
in a healthy and thriving condition, free from weeds, trash and debris, and maintained at least
to standards set by the City. Unless the Master Association or a Subassociation has assumed
the maintenance of the same, the Owner of a Separate Interest shall be responsible to maintain
all drainage facilities, including, but not limited to concrete terrace drains, located on that
Separate Interest. The Master Architectural Committee shall have the right to determine
whether an Apartment Project, Separate Interest or its improvements have fallen into disrepair
or an unsightly condition for purposes of this Section and the Master Architectural
Committee's decision shall be final and binding on the respective Owner. Each Owner shall
comply with the Carlsbad Brush Requirements and any other applicable City requirements, as
the same are applicable to his or her Separate Interest or Apartment Project except to the
extent such obligations have been expressly assumed in writing by the Master Association or
a Subassociation.
Section 7.2. Walls and Fences. The interior surface of a fence or wall located
between two Separate Interests shall be maintained by the respective Owners and the
respective Owners shall share equally in the cost of repairing or replacing the structure of any
such fence except for (i) damage caused by one such Owner or (ii) fences or walls the
maintenance of which has been assumed by a Subassociation or the Master Association.
Should an Owner cause any damage to a fence or wall, such Owner shall be solely responsible
to repair the same.
Section 7.3. Master Association Fences Or Walls Adjoin Separate Interests or Apart-
ment Projects. The following provisions shall apply with respect to those fences or walls which
(i) have been identified as part of the Master Association Property (i.e., which the Master
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Association is to maintain), (ii) have been placed at the approximate boundary between the
Master Association Property and the adjoining Apartment Project or Separate Interest and (iii)
therefore physically separate the Master Association Property from an adjoining Apartment
Project or Separate Interest. Unless otherwise provided in a Notice of Declaration of
Annexation or a deed conveying Master Association Property:
(a) Boundary. The actual location of the fence or wall shall establish the
boundary between the Master Association Property and the adjoining Apartment Project
or Separate Interest and easements are hereby reserved for the continuation, repair and
replacement of the fence or wall by the Master Association regardless of whether the
fence or wall lies exactly on the boundary line or within the Apartment Project or
Separate Interest. Should the fence or wall be located inside the Master Association
Property, easements are also reserved to allow the Owner of the Apartment Project or
Separate Interest adjoining the wall or fence to use the Master Association Property
which lies outside the fence or wall, subject to any open space restrictions or other
dedications or reservations or items of title.
(b) Maintenance. It shall be the Master Association's responsibility to
maintain, repair and replace any such wall or fence except for the interior surfaces of
such walls or solid fences. It shall be the responsibility of the Owner of the Apartment
Project or Separate Interest to maintain the interior surface of any such wall or solid
fences.
Section 7.4. Replacement of Walls or Fencing. Any wall or fence which is replaced
shall be replaced with substantially the same type of wall or fencing which substantially
complies with the wall and fencing design approved by the City.
Section 7.5. Subassociation Maintenance. Each Subassociation shall require all
improvements under its jurisdiction or ownership to be kept in good condition, appearance and
repair.
Section 7.6. Master Association's Right To Maintain Owners' Apartment Projects
and Separate Interests. In the event that any Owner or Subassociation shall in the Board's
opinion permit any property which is the responsibility of such Owner or Subassociation to
maintain, to fall into a dangerous, unsafe, unsightly or unattractive condition as determined
by the Board, then the Board shall have the right to demand that such condition be remedied.
Should the condition not be remedied within fifteen days, the Board shall have the right, but
not the obligation, to correct the condition, and to enter upon the portion of the Properties
which has fallen into such condition for the purpose of doing so. The Owner or Subasso-
ciation, as the case may be, shall promptly reimburse the Master Association for the cost of
such corrective action, including, but not limited to, the Master Association's court costs and
reasonable attorney's fees should the Board determine it is in its best interests to obtain a
court order allowing such entrance by the Board's representatives.
Section 7.7. Owners To Notify Master Association. In the event any Owner believes
the Master Association has permitted any Master Association Property to become dangerous
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as a result of poor maintenance, the Owner has the duty to immediately report such dangerous
condition to the Master Association.
Section 7.8. Master Association's Right to Repair Neglected Lots. In the event that
any Owner shall in the Board's opinion permit any property which is the responsibility of such
Owner to maintain to fall into a dangerous, unsafe, unsightly or unattractive condition as deter-
mined by the Board, then the Board shall have the right to demand that such condition be
remedied. Should the condition not be remedied within fifteen (15) days, the Board shall have
the right, but not the obligation, to correct the condition, and to enter upon the portion of the
Project which has fallen into such condition for the purpose of doing so. The Owner shall
promptly reimburse the Master Association for the cost of such corrective action, including,
but not limited to, the Master Association's court costs and reasonable attorney's fees should
the Board determine it is in its best interests to obtain a court order allowing such entrance by
the Board's representatives. No entry inside a residence may be made without the consent
of the Owner.
ARTICLE 8
MASTER ARCHITECTURAL COMMITTEE
Section 8.1. Multiple Committees Permitted. One or more Master Architectural
Committees ("MACs") may be established pursuant to this Article (separate committees may
be established for certain neighborhoods within the Properties). It is not intended that any
portion of the Properties be subject to the jurisdiction of more than one Master Architectural
Committee; however, portions of the Properties may be subject to an architectural committee
of a Subassociation in addition to the jurisdiction of the Master Architectural Committee.
Reference in this Master Declaration to the "Master Architectural Committee" shall mean and
refer to each such Master Architectural Committee which has jurisdiction over a particular
geographic area of the Properties.
Section 8.2. Members of the Master Architectural Committee. Each Master
Architectural Committee shall consist of from one (1) to five (5) members; however, the
number of members may be increased by resolution of the Board. The members of the Master
Architectural Committee may be removed at any time without cause by the person appointing
the member under the authority granted by this Article. Unless changed by resolution of the
Board, the address of the Master Architectural Committee for all purposes, including the
submission of plans for approval, shall be at the principal office of the Master Association as
designated by the Board pursuant to the Bylaws. Members of the Master Architectural
Committee shall serve until such time as the member has resigned or been removed by the
party which appointed the member. Members of the MAC need not be Owners. The Master
Association is specifically authorized to reasonably compensate a professional property
manager, architect, or other similar professional for service as a member of the MAC.
Section 8.3. Rights of Appointment. Declarant may, at its sole option, appoint all
of the original members of each Master Architectural Committee, and all replacements, until
three (3) years following the first conveyance of a Separate Interest to an Owner other than
a subsequent Declarant or a Builder. Thereafter, the Board shall have the right to appoint at
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least one member of each Master Architectural Committee, but Declarant may, at its sole
option, appoint a majority of the members until (i) an aggregate of 1,235 apartment units in
Apartment Projects and Separate Interests have been sold and closed escrow to Class A
Members or (ii) until the fifth anniversary of the most recent conveyance to an Owner (other
than to a successive Declarant or Guest Builder) under authority of a public report issued by
the California Real Estate Commissioner of the first Separate Interest in any Phase, whichever
occurs first. Thereafter, the Board shall have the right to appoint the remaining members of
each Master Architectural Committee. Members of a Master Architectural Committee need
not be Members of the Master Association.
Section 8.4. Designation of MACs. Each MAC shall be designated by Declarant
signing, acknowledging and recording a notice of MAC designation which: (I) names the MAC
and (ii) legally describes the portion of the Properties over which the particular MAC will have
jurisdiction. Phase 1 is hereby designated as being within the Master Architectural Committee
For Village 0.
Section 8.5. Architectural Review Procedures.
(a) Review of Plans and Specifications. Except as otherwise stated in this
Master Declaration, no building, addition, hardscaping, landscaping, irrigation system,
swimming pool, spa, fence, wall, exterior lighting or similar improvement (any of which
is referred to as an "Improvement"), including any exterior changes (e.g. changes in
color scheme) or alterations in any existing Improvement, shall be commenced, erected
or maintained upon any Phase until the plans and specifications therefor showing the
nature, kind, shape, height, width, color, materials and location of the same shall have
been submitted to and approved in writing by the Master Architectural Committee.
(b) Scope of Review. At its discretion, the Master Architectural Committee
may limit the scope of its review and exclude certain Improvements from its review.
For example, the Master Architectural Committee may decide to exclude from review
certain or all back yard Improvements. Also, the Master Architectural Committee may
decide not to review any Improvements within areas of the Properties which are subject
to architectural review by Boards of Directors of Subassociations or architectural
review committees established by Subassociation Declarations. The Master Archi-
tectural Committee shall not be responsible for reviewing, nor shall its approval be
deemed approval of, any plan or design from the standpoint of structural safety or con-
formance with building or other codes, special use permits, provisions of the Carlsbad
Brush Requirements, site approvals or other governmental requirements.
(c) Criteria. In rendering its decisions, the MAC may consider whether the
construction, alterations or additions contemplated in the location indicated will be
detrimental to the appearance of the Properties as a whole, whether a particular
Owner's "view" or privacy will be materially affected (and how to balance those
sometimes conflicting criteria), whether the appearance of any structure affected
thereby will be in harmony with the surrounding structures, whether the construction
thereof will detract from the beauty and attractiveness of the Properties as a whole,
and whether the upkeep and maintenance thereof will become a burden on the Master
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Association or any applicable Subassociation. The MAC shall consider whether any
additions to the structure of a home will be architecturally compatible with the existing
structures as well as the surrounding area.
(d) No Obligation To Preserve View or Privacy. Although the MAC may
consider view issues when rendering its decisions, neither the MAC nor Declarant
makes any representation that any view or privacy from any Separate Interest or
Apartment Project will be protected and neither the MAC nor the Declarant has any
obligation to maintain, protect, enhance or preserve any view from any Separate
Interest, Apartment Project or other portion of the Properties.
(e) Guidelines; Deposit. The Master Architectural Committee may from
time to time adopt and promulgate guidelines ("Guidelines") which, among other
matters, may set forth design and architectural standards and procedural requirements
for the submission of plans for review. The Master Architectural Committee may
require such detail in plans and specifications submitted for its review as it deems
proper, including, without limitation, floor plans, site plans, drainage plans, elevation
drawings and description or samples of exterior material and colors. Unless such rules
are complied with, the plans and specifications shall not be deemed received. The
Guidelines may require a reasonable deposit (not to exceed $750.00 in 1997 dollars
to accompany each application for approval which may be used by the Master
Architectural Committee to Ii) hire consultants and otherwise pay out of pocket
expenses incurred by its review, (ii) to pay the costs of clean up from construction,
should the Owner fail to do so, and (iii) to pay the costs of repairing any portion of any
Phase which may be damaged from construction of the Improvements. The applicant
for plan approval shall be responsible to reimburse the Master Architectural Committee
for any such out of pocket expenses reasonably incurred by the Committee, regardless
of whether such expenses exceed the deposit amount.
(f) Subassociation Architectural Controls. The jurisdiction of the Master
Architectural Committee over construction in any Phase shall be in addition to that of
any architectural committee established under any Subassociation Declaration, and any
work or Improvement may require the approval of both any such architectural
committee and the Master Architectural Committee. Furthermore, any Improvements
to common area portions of the Properties under the ownership or management and
control of a Subassociation shall be subject to the architectural controls herein set
forth. However, the Master Architectural Committee shall have the right to exclude
from its jurisdiction any particular Improvements, including, but not limited to,
Improvements reviewed by an architectural committee established under a Sub-
association Declaration.
(g) Approvals May Be Conditioned. The Master Architectural Committee
may condition its approval of proposals or plans and specifications upon such changes
therein as it deems appropriate, or upon the agreement by the person submitting the
same to grant appropriate easements to the Master Association for the maintenance
thereof, or to reimburse the Master Association for the cost of maintenance, or all
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three, and may require submission of additional plans and specifications or other
information prior to approving or disapproving any material submitted.
(h) Period for Approvals. Decisions of the Master Architectural Committee
and the reasons therefor shall be transmitted to the applicant at the address set forth
in the application for approval within thirty (30) days after receipt by the Master
Architectural Committee of all materials required by the Master Architectural
Committee. Any application submitted pursuant to this Section shall be deemed
approved unless written disapproval, conditional approval or a request for additional
information or materials by the Master Architectural Committee shall have been
delivered to the applicant within thirty (30) days after the date of receipt by the Master
Architectural Committee of all required materials. Upon completion of the
contemplated Improvement, the applicant shall give written notice to the Master
Architectural Committee of such completion and, for purposes hereof, the date of
receipt of the written notification by the Master Architectural Committee shall be
deemed to be the date of completion of the Improvement.
(i) Variances. The Master Architectural Committee may authorize
variances from compliance with any of the architectural provisions or restrictions of this
Master Declaration when circumstances such as topography, natural obstructions,
hardship, aesthetic or environmental considerations may require. All variances must
be evidenced in writing, must be signed the Master Architectural Committee, and shall
become effective upon execution. If a variance is granted, no violation of the covenants
and restrictions contained in this Master Declaration shall be deemed to have occurred
with respect to the matter for which the variance was granted. The granting of a
variance shall not operate to waive any of the terms and provisions of this Master
Declaration for any purpose except as to the particular property and particular provision
hereof covered by the variance, nor shall it affect in any way the applicant's obligation
to comply with all governmental laws and regulations affecting his or her use of the
property, including, but not limited to, zoning ordinances, provisions of the Carlsbad
Brush Requirements, conditions and requirements of special use permits and site plan
approvals, setback lines or any other requirements imposed by any governmental
authority.
(j) No Waiver of Future Approvals. The approval by the Master Architec-
tural Committee of any proposals or plans and specifications or drawings for any work
done or proposed or in connection with any other matter requiring the approval and
consent of the Master Architectural Committee shall not be deemed to constitute a
waiver of any right to withhold approval of or to consent to any similar proposals, plans
and specifications, drawings or any matter whatsoever that is subsequently or addi-
tionally submitted for approval.
(k) Correction of Defects. Inspection of work and correction of defects
therein may proceed as follows:
(i) The Master Architectural Committee or its duly authorized
representative may at any time inspect any Improvement, or change or
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alteration thereof, for which approval of plans is required under this Article;
provided, however that the Master Architectural Committee's right of inspection
shall terminate sixty (60) days after the Owner (or Subassociation, if it manages
or controls the area in question) shall have given written notice of the
completion of the work to the Master Architectural Committee, provided that
such Improvement was actually completed as of the date of such notification.
If, as a result of its inspection, the Master Architectural Committee finds that
the Improvement, or change or alteration thereof, was done without obtaining
approval of the plans therefor or was not done in substantial compliance with
the plans approved by the Master Architectural Committee, it shall notify the
Owner (or Subassociation, if applicable) in writing of the failure to comply with
this Article within thirty (30) days after the inspection, specifying the particulars
of non-compliance ("Notice of Non-Compliance"). The Master Architectural
Committee shall have the authority to require the Owner (or Subassociation, if
applicable) to take such action as may be necessary to remedy the non-
compliance.
(ii) If upon the expiration of thirty (30) days from the date of the
Notice of Non-Compliance the Owner or Subassociation (whichever is
applicable) shall have failed to remedy the non-compliance, then the Master
Architectural Committee shall notify the Board in writing of such failure and the
nature thereof, and the estimated cost of correcting or removing the same. The
Board shall then have the right at its option either to pursue such remedies
against the Owner or Subassociation as it may have in any court of competent
jurisdiction or to determine whether there is a non-compliance after notice and
hearing, in the manner as may be set forth in the Master Architectural Commit-
tee's Guidelines. If a non-compliance is determined to exist at the notice and
hearing, the Owner or Subassociation, as applicable, shall remedy or remove the
same within a period of not more than thirty (30) days from the date that notice
of the Board ruling is delivered to the Owner or Subassociation. If the Owner
or Subassociation does not comply with the Board ruling within such period, the
Board, at its option, may record a Notice of Non-Compliance against the real
property in which the non-compliance exists, remove the non-complying
Improvement, or remedy the non-compliance; and the Owner shall reimburse the
Master Association, upon demand, for all expenses incurred in connection there-
with. If such expenses are not promptly repaid by the Owner or Subassociation
to the Master Association, the Board may levy a special assessment against the
Owner or Subassociation for reimbursement. The right of the Master
Association set forth in this Subsection to remove any Improvement or remedy
the non-compliance shall be in addition to all other rights and remedies which
the Master Association may have at law, in equity or under this Master
Declaration.
(iii) As to any Improvements constructed in compliance with this
Article, the Master Association shall, upon written request, provide to the
Owner thereof (or to the Subassociation with respect to areas it manages and
controls) a notice (the "Notice of Compliance") in recordable form, signed by the
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President and the Secretary of the Master Association, evidencing such compli-
ance. The Notice of Compliance, when recorded, shall be conclusive evidence
of compliance with the provisions of this Article as to the Improvements
described in the recorded Notice of Compliance.
(iv) The Master Architectural Committee shall adopt a procedure by
which a prospective Owner intending to erect Improvements on any portion of
the Properties may submit and obtain advance approval by the Master
Architectural Committee for the prospective Owner's plans prior to the purchase
of the property.
Section 8.6. Meetings of the Master Architectural Committee. Each Master Archi-
tectural Committee shall meet from time to time as necessary to perform its duties hereunder.
Each Master Architectural Committee may from time to time by resolution unanimously
adopted in writing designate a "Committee Representative" (who may, but need not, be one
of its members) to take any action or perform any duties for and on behalf of the Master
Architectural Committee. In the absence of such designation, the vote of a majority of the
members of the Master Architectural Committee or the written consent of a majority of the
members of the Master Architectural Committee shall constitute an act of the Master
Architectural Committee.
Section 8.7. Notice of Appointment. Whenever a member of the Master Architec-
tural Committee is appointed or removed while both Declarant and the Board have rights of
appointment, written notice to the other party of such appointment or removal shall be given
by the party appointing or removing the member.
Section 8.8. Diligence In Construction. Each Owner shall cause to be completed in
a timely and diligent manner any Improvements which are commenced on such Owner's
Apartment Project or Separate Interest. The Guidelines may establish the maximum time
periods for such completion.
Section 8.9. Declarant and Guest Builder Exemptions. This Article shall not apply
to Declarant or any Guest Builder. Notwithstanding any other provision of this Master
Declaration to the contrary, neither Declarant nor a Guest Builder need seek or obtain Master
Architectural Committee approval for any Improvement constructed or placed by Declarant or
Guest Builders on any portion of the Properties (including any revision or remodeling by
Declarant or a Guest Builder), regardless of whether such areas are owned by them. Neither
this Section nor the Section above entitled "Rights of Appointment" shall be amended without
Declarant's prior written consent.
Section 8.10. Apartment Project Exemption. This Article shall not apply to the
construction, re-construction, remodeling or any other Improvement to any Apartment Project.
Notwithstanding any other provision of this Master Declaration to the contrary, no owner or
developer of an Apartment Project need seek or obtain Master Architectural Committee
approval for any Improvement of or to any Apartment Project. This Section shall not be
amended without Declarant's and each Apartment Project owner's prior written consent.
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ARTICLE 9
ANNEXATION
Section 9.1. By Master Association. Additional real property may be annexed to the
Properties or to this Master Declaration upon the vote or written assent of two-thirds (2/3) of
the voting power of Members of the Master Association, excluding the vote of Declarant.
Upon such approval, the owner of the property wishing it to be annexed may file of record a
Notice of Declaration of Annexation which shall extend the scheme of this Master Declaration
to such property. Such vote may be exercised by the Delegates.
Section 9.2. By Declarant. Additional land within the Properties may be annexed as
Apartment Projects, Separate Interests and Master Association Property and other areas
subject to the jurisdiction of the Master Association by Declarant without the consent of
Members of the Master Association or the Board at any time and from time to time.
However, Declarant shall have no obligation to annex any portion of the Properties and
annexations may occur in any order. The following requirements shall apply to annexations
of additional land made pursuant to this Section:
(a) The annexation shall not cause a substantial increase in Master
Association's regular assessments unless such increase was disclosed in a final
subdivision public report, issued by the California Real Estate Commissioner for an
earlier Phase. Issuance of a final subdivision public report for a Phase shall conclusively
evidence that such requirement has been satisfied.
(b) Each Notice of Declaration of Annexation shall describe the property
to be annexed by such instrument.
(c) The Notice of Declaration of Annexation with respect to Separate
Interests being annexed must not change the provisions of this Master Declaration or
the Bylaws regarding allocation of assessments, the effective date of such allocations,
use rights or easements to the Master Association Property or voting rights.
Section 9.3. Deannexation. Declarant shall have the right to deannex any Phase in
whole or part or to deannex any Apartment Project by Declarant executing and recording a
Notice of Deannexation any time before the Master Association's regular assessments
commence against such Phase or Apartment Project, respectively.
Section 9.4. Supplementary Restrictions. The documents by which additional
portions of the Properties are annexed hereto (generally referred to as "Notices of Declaration
of Annexation") may also set forth supplemental covenants and restrictions covering the
portions of the Properties being so annexed. A Notice of Declaration of Annexation may annex
any portion of the Properties (e.g., one or more Phases, a portion or all of a Village, Master
Association Property or other portions of the Properties). Each Notice of Declaration of
Annexation shall be executed by Declarant.
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Section 9.5. VA. Any annexation pursuant to this Section shall be in substantial
accord with the general plan of annexation which may have been submitted to and approved
by the VA, as reasonably determined by the VA and any such deannexation shall be subject
to the reasonable approval by the VA.
Section 9.6. Declarant's Consent Required For Amendment. This Article (other than
the Section above entitled "By Master Association") shall not be amended without Declarant's
prior written consent.
ARTICLE 10
USE RESTRICTIONS
Section 10. 1. In General. Each Apartment Project and Separate Interest shall be held,
used and enjoyed subject to the following limitations and restrictions, subject to the
exemptions of Declarant and Guest Builders set forth herein. The Master Architectural
Committee may waive in whole or in part any of the following limitations and restrictions in
accordance with the Article above entitled "MASTER ARCHITECTURAL COMMITTEE" if the
strict application thereof could be unreasonably or unduly harsh under the circumstances. Any
such waiver or interpretation may be issued by the Master Architectural Committee regardless
of whether the party seeking the waiver is exempt from the Article entitled "MASTER
ARCHITECTURAL COMMITTEE". Any such interpretation or waiver of the following provi-
sions shall be in writing or shall be contained in written Guidelines promulgated from time to
time by the Master Architectural Committee.
Section 10.2. Residential Use. No Apartment Project or Separate Interest shall be
used except for residential purposes; provided, however, Declarant and each Guest Builder
shall have the right to use any Separate Interests owned or leased by them for model homes,
sales offices, rental offices and similar uses until all Separate Interests have been sold by
Declarant and each Guest Builder. Each Owner of an Apartment Project shall have the right to
continuously use portions of their project as leasing offices. Nothing stated in this Section shall
disallow a Separate Interest or apartment from being used for such home businesses as may
be allowed by applicable City zoning controls, permits and regulations provided that such uses
are otherwise in compliance with the provisions of this Master Declaration.
Section 10.3. Solar Panels, Antennae, Satellite Dishes. Rooftop panels installed for
the collection of solar energy for domestic hot water shall be permitted on roofs at locations
that maximize the southerly exposure for the collection of solar energy. Solar panels installed
to serve recreational pools and spas shall be permitted but shall not be located on any section
of the roof surface or other portion of a Separate Interest which is viewable from a public or
private street, unless location elsewhere would significantly increase the cost of the system
or significantly decrease its efficiency.
No lines, wires, antennae, satellite dish or other devices for the reception,
communication or transmission of electric current or power, including telephone, television and
radio signals, shall be constructed, placed or maintained anywhere in or upon any Separate
Interest unless the same is contained in conduits or cables constructed, placed or maintained
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underground or is otherwise not visible to other residents or to the public. The MAC may
impose conditions to the approval of the installation of a television or radio antenna or a
satellite dish. However, in considering whether to approve an antenna or to impose
requirements on such approval, the MAC shall not violate any applicable law or regulation. For
example, as of the date of the Master Declaration, a Federal Communications Commission
regulation (47 C.F.R. § 1.4000) prohibits restrictions which preclude reception of an acceptable
quality signal from any of the following or unreasonably delays, prevents or unreasonably
increases the costs of the installation, maintenance or use of any of the following:
(a) An antenna that is designed to receive direct broadcast satellite service,
including direct-to-home satellite services, that is one meter or less in diameter;
(b) An antenna that is designed to receive video programming services via
multipoint distribution services, including multichannel distribution services,
instructional television fixed services and local multipoint distribution services and that
is one meter or less in diameter or diagonal measurement; or
(c) An antenna that is designed to receive television broadcast signals.
The applicable MAC shall have jurisdiction to disapprove any outside apparatus
which it, in its sole discretion, determines will be unsightly from any other Separate Interest,
open space or public or private street.
Nothing herein stated shall be deemed to forbid the installation and use of
temporary power or telephone services or other improvements if incident to the construction
of improvements approved by the applicable MAC.
The applicable MAC shall have jurisdiction to disapprove any outside apparatus
which it, in its sole discretion, determines will be unsightly from any other Apartment Project,
Separate Interest, open space or public or private street.
Section 10.4. No Time-Share Projects. No Apartment Project or Separate Interest
shall be divided into a time-share estate or time-share use as defined in California BUSINESS AND
PROFESSIONS CODE Section 11003.5 without the prior written approval of the Master Archi-
tectural Committee.
Section 10.5. Signs. No sign, poster, billboard, advertising device or other display of
any kind shall be displayed to the public view except (i) such signs as may be used by
Declarant and Guest Builders, Apartment Project Owners and their successors, in connection
with the development of the Properties and the sale or leasing of apartments or Separate
Interests and (ii) one sign on each Separate Interest advertising the same for sale or lease
provided the sign is of customary and reasonable dimensions. The right of any Guest Builders
to display any signs under this Section shall be subject to the Guest Builder obtaining the prior
written consent of Declarant.
Section 10.6. Animals. No animals of any kind shall be raised, bred or kept on the
Properties, except that a reasonable number of dogs, cats or other household pets may be
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kept, provided that they are not kept, bred or maintained for any commercial purpose, nor in
violation of any other provision of this Master Declaration. A "reasonable number" as used in
this Section shall ordinarily include no more than an aggregate of three (3) dogs and cats per
household; provided, however, a reasonable number in any instance may be more or less
depending on whether the pets constitute a nuisance to other Owners. Animals belonging to
Owners, occupants or their licensees, tenants or invitees within the Properties must be either
kept within an enclosure, an enclosed yard or on a leash being held by an individual capable
of controlling the animal. Each Owner shall be liable to each and all remaining Owners, their
families, guests, tenants and invitees, for any unreasonable noise or damage to person or
property caused by any animals brought or kept upon the Properties by the Owner or by
members of his or her family, his or her tenants or his or her guests; and it shall be the duty
and responsibility of each Owner to immediately clean up any waste from his or her animals.
Section 10.7. Nuisances. Nothing shall be done on any Apartment Project or Separate
Interest which is or may become an annoyance or nuisance to the other Owners. For example,
no external speakers, bells or horns shall be permitted other than usual and customary burglar
alarm systems. Each Owner and Subassociation, where applicable, shall take appropriate steps
to prevent the accidental tripping of any alarm system which may be installed on the Owner's
Apartment Project or Separate Interest or controlled by the Subassociation respectively.
Ordinary and usual techniques of construction of Improvements permitted hereunder shall not
be deemed a nuisance. Any violation of the Section above entitled "Animals" or ordinances
or regulations of the City of Carlsbad is hereby declared to be a nuisance.
Section 10.8. Drainage. Easements are hereby reserved for the flow of water over
and through the established drainage of each Apartment Project and Separate Interest and no
Owner of a Separate Interest or Apartment Project will in any way interfere with the
established drainage of his or her Apartment Project or Separate Interest from adjoining or
other Apartment Projects, Separate Interests, Master Association Property or other property
unless adequate provisions have been made for proper drainage. "Established drainage" is
defined as the drainage which existed at the time the final grading of the Apartment Project
or Separate Interest was originally completed. "Established drainage" refers to both surface
drainage and subsurface drainage, if any.
Any Owner who changes the drainage of his or her Apartment Project or
Separate Interest shall be responsible for any damages which might result to the property of
such Owner, the property of the Master Association or to the property of any third party.
Each Owner will permit free access by other affected Owners and by the Master
Association to slopes and drainageways located on the Owner's Apartment Project or Separate
Interest if such access becomes necessary for the maintenance or permanent stabilization of
slopes or maintenance of the drainage system or facilities which benefit other portions of the
Properties.
Section 10.9. No Hazardous Activities. No activities shall be conducted on any
portion of the Properties, and no Improvements shall be constructed on any Apartment Project
or Separate Interest which are or might be unsafe or hazardous to any person or property.
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Reasonable and customary construction activities by Declarant, any Guest Builder or any
Owner shall not be deemed to constitute hazardous activities.
Section 10.10. Unsightly Articles. No unsightly articles shall be permitted to remain
on any Apartment Project or Separate Interest so as to be visible from any other portion of the
Properties. Without limiting the generality of the foregoing, all refuse, garbage and trash shall
be kept from public view at all times. Trash for pick up shall be placed in covered, sanitary
containers of good condition and such container shall be placed in public view no earlier than
the evening before pick up and shall be removed from public view on the day of pick up. No
clotheslines shall be installed on any Apartment Project or Separate Interest in such a manner
as to be within public view. No clothing or household fabrics shall be hung, dried or aired
outside any Separate Interest or Apartment Project and no lumber, grass, shrub or tree clipping
or plant waste, metals, bulk materials or scrap or refuse or trash shall be kept, stored or
allowed to accumulate on any Apartment Project or Separate Interest, except within an
enclosed structure or otherwise appropriately screened from public view.
Section 10.11. No Temporary Structures. No tent, shack or other temporary building,
Improvement or structure shall be placed upon any portion of any Phase except with the
approval of the Master Architectural Committee. This Section shall not apply to temporary
structures which are reasonable and customary to facilitate construction activities on any
Apartment Project or Separate Interest.
Section 10.12. Garages: Vehicular Restrictions. Except for model homes and sales or
leasing offices used by Declarant or Guest Builders, no Owner shall convert his or her garage
to any use which prevents its use for vehicular parking of the number of automotive vehicles
owned by the Owner.
No dune buggy, boat, trailer, recreational vehicle, mobile home, motor home, van
which weighs more than 10,000 pounds, camper shell whether detached from a vehicle or
mounted on a vehicle, nor truck which (I) weighs more than 10,000 pounds or (ii) has a
mounted camper shell which protrudes from the truck from either side or from beyond the rear
gate or above the cab ceiling, shall be parked anywhere in the Properties except outside of
public view unless the Master Architectural Committee rules otherwise. Commercial vehicles
shall be permitted within the Properties within garages and for construction purposes, for
purposes of making deliveries and similar purposes.
No dismantled or wrecked vehicle or equipment shall be parked, stored or
deposited in the Properties within public view and no vehicle shall be repaired in the Properties
within public view. No noisy or smoky vehicles or off-road unlicensed vehicles shall be oper-
ated within the Properties.
No Owner shall park his or her vehicle in any area where parking is disallowed
by the City.
Section 10.13. Installation of Front Yard Landscaping. Unless Declarant or a Guest
Builder has done so, each initial Owner of a Separate Interest improved with a residence at the
time the Owner acquired title shall, within three (3) months after acquiring ownership prepare
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and submit to the applicable Master Architectural Committee a landscaping plan for the front
yard of his or her Separate Interest. If such plan is disapproved, a revised plan(s) shall be
submitted no more than thirty (30) days after such disapproval, until a plan has been approved
by the Master Architectural Committee. Each such Owner shall install the improvements
shown on the approved landscape plan within six (6) months after the Owner acquires title to
a Separate Interest.
Each Owner and Subassociation shall at all times maintain the landscaping under
their respective control in a neat and attractive condition, and shall periodically replace when
necessary the trees, plants, grass and other vegetation regardless of whether the same were
originally installed by Declarant or any Guest Builder. No plants or seeds, infected with insects
or plant diseases shall be brought upon, grown or maintained upon any part of the Properties.
All landscaping to be installed by an Owner or Subassociation shall comply with
the requirements of the Article above entitled "MASTER ARCHITECTURAL COMMITTEE";
provided, however, nothing herein stated is intended to make such Article applicable to any
party which is exempt from the same.
In the event that any Owner or Subassociation shall fail to install and maintain
landscaping in conformance with this Article, the Board, upon thirty (30) days' prior written
notice to such Owner or Subassociation, shall have the right either to seek any remedies at
law or in equity which it may have or to correct such condition and, after notice and hearing,
to enter upon the applicable property for the purpose of doing so, and such Owner or
Subassociation (whichever is applicable) shall promptly reimburse the Master Association for
any such costs.
Section 10.14. Outdoor Lighting. All private outdoor lights located in the project shall
be directed away from open space areas where the potential to disturb wildlife exists.
Section 10.15. Basketball Hoops. No basketball hoops, backboards or similar apparatus
shall be placed anywhere on a Separate Interest within public view. No such apparatus shall
be placed closer than fifteen (1 5) feet from neighboring residential building without MAC
approval.
Section 10.16. Back Yards; No Sheds. Each Owner will keep and maintain the back
yard of his or her Separate Interest in good appearance and condition. No sheds shall be
placed on a Separate Interest within public view without MAC approval.
Section 10.17. Compliance With City Requirements. Each Owner shall comply with
all applicable zoning, planned development permits and other City requirements.
Section 10.18. Owners Responsible for Damage. Should any Owner or such Owner's
employees, agents or contractors cause any damage to sidewalks, curbs or other City property
or rights of way, or to any Master Association Property, such Owner shall immediately and
fully repair such damage at the Owner's expense. In the event such damage is repaired by the
City, the Master Association, Declarant or any Guest Builder, the Owner shall immediately
reimburse such party for the full costs of repair.
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Section 10.19. Construction and Sales Activities. The development, construction,
marketing and sales activities of Declarant and each Guest Builder are exempt from the
covenants, restrictions and limitations set forth in this Article. None of the covenants,
restrictions and limitations set forth in this Article or elsewhere in this Master Declaration shall
be applied to the development, construction, marketing or sales activities of Declarant or any
Guest Builder or construed in such a manner as to prevent or limit development, construction,
marketing or sales activities by Declarant or any Guest Builder.
Section 10.20. Owners May Not Change Master Association Property. No Owner shall
have any right whatsoever to make any change or improvement to the Master Association
Property and no Owner shall cause any damage to the Master Association Property. Each
Owner shall be liable to the Master Association and the other Owners for any damage to any
of the Master Association Property that may be sustained by reason of the negligence of that
Owner, that Owner's family members, contract purchasers, tenants, guests, or invitees.
Section 10.21. Burning. There shall be no exterior fires whatsoever except barbecue
fires located only upon the Owner's Apartment Project or Separate Interest and contained
within receptacles designed for such purpose. Otherwise, outside fires are not permitted
unless prior written approval is given by the Master Association and such Owner acts in
compliance with all local governmental fire safety and permit regulations. No Owner shall
permit any condition to exist on his or her Apartment Project or Separate Interest, including,
without limitation, trash piles or weeds, which creates a fire hazard or is in violation of local
fire regulations and fuel modification and brush management requirements.
Section 10.22. Site Distance Corridors. No structure, fence, wall, tree, shrub, sign or
other object over thirty inches (30") above the street level may be placed or permitted to
encroach within the area identified as a sight distance corridor in accordance with City
standards. The Master Association (with respect to the Master Association Property), each
Subassociation (with respect to the areas it manages and controls) and the Owner of each
affected Separate Interest or Apartment Project, with respect to the property it owns, shall at
all times comply with these requirements.
Section 10.23. Open Space and Fire Suppression Zones. Easements may be establish
(e.g., by final subdivision maps covering portions of the Properties) to establish open space
areas and fire suppression zones. Each Owner, each Subassociation and the Master
Association shall at all times comply with the applicable requirements and restrictions so
imposed, including, but not limited to, restrictions on development in buffer/open space
easements. For example, no private development shall be allowed which is inconsistent with
any open space restriction which is dedicated to the City on any final subdivision map nor on
any open space lot owned by the City except as maybe specifically permitted by the City.
Section 10.24. Reduction of Surface Pollutants. The Association shall coordinate the
programs established by the City from time to time to assist Owners with the removal and
proper disposal of toxic and hazardous waste products. Toxic chemicals or hydrocarbon
compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood
preservatives and other such fluids shall not be discharged into any street or drive, public or
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private, or into any storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments
must, as prescribed in their respective containers, meet Federal, State, County and City
requirements. The Master Association, and each Subassociation, with respect to the areas
within their respective management and control, shall use Best Management Practices to
eliminate or reduce surface pollutants when planning any changes to landscaping or surface
improvements.
ARTICLE 11
RIGHTS OF LENDERS
Section 11.1. Payments of Taxes or Premiums by First Mortgagees. First Mortgagees
may, jointly or severally, pay taxes or other charges which are in default and which may or
have become a charge against the Master Association Property, unless such taxes or charges
are separately assessed against the Owners, in which case, the rights of first Mortgagees shall
be governed by the provisions of their deeds of trust. First Mortgagees may, jointly or
severally, also pay overdue premiums on casualty insurance policies, or secure a new casualty
insurance coverage on the lapse of a policy for the Master Association Property, and first
Mortgagees making such payments shall be owed immediate reimbursement thereof from the
Master Association. Entitlement to such reimbursement shall be reflected in an agreement in
favor of any first Mortgagee who requests the same to be executed by the Master Association.
Section 11.2. Priority of Lien of Mortgage. No breach of the covenants, restrictions
or limitations herein contained shall affect, impair, defeat or render invalid the lien or charge
of any first Mortgage made in good faith and for value encumbering any Apartment Project or
Separate Interest, but all of said covenants, restrictions and limitations shall be binding upon
and effective against any Owner whose title is derived through foreclosure or trustee's sale,
or otherwise, with respect to a Apartment Project or Separate Interest.
Section 11.3. Curing Defaults. A Mortgagee who acquires title by judicial foreclosure,
deed in lieu of foreclosure or trustee's sale shall not be obligated to cure any breach of the
provisions of this Master Declaration which is non-curable or of a type which is not practical
or feasible to cure. The determination of the Board made in good faith as to whether a breach
is non-curable or not feasible to cure shall be final and binding on all Mortgagees.
Section 11.4. Approval of Eligible Mortgage Holders. Except as provided by statute,
unless at least sixty-seven percent (67%) of the Eligible Mortgage Holders (based on one vote
for each Separate Interest and one-half of one vote for each separate apartment unit in an
Apartment Project encumbered by the first Mortgage) have given their prior written approval
or unless Delegates holding at least sixty-seven percent (67%) of the Class A voting power
have given their prior written approval, the Master Association shall not be entitled to do any
of the following by act or omission:
(a) Seek to abandon or terminate the project.
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(b) Change the pro rata interest or obligations of any Separate Interest in
order to levy assessments or charges, allocate distribution of hazard insurance proceeds
or condemnation awards or determine the pro rata share of ownership in the Master
Association Property. This Subsection does not apply to annexations of additional
portions of the Properties pursuant to this Master Declaration.
(c) Partition or re-subdivide a Separate Interest or Apartment Project which
has been encumbered by a Mortgage held by an Eligible Mortgage Holder.
(d) Seek to abandon, partition, subdivide, encumber, sell or transfer
Master Association Property which consists of recreation areas (this requirement does
not apply to areas which are Master Association Property only for maintenance
purposes). Reasonable boundary adjustments and granting of easements for public
utilities or other public purposes consistent with the intended use of the Master
Association Property is not a transfer within the meaning of this Subsection.
(e) Use hazard insurance proceeds for losses to any portion of the
Properties (whether Separate Interests or Master Association Property) for other than
the repair, replacement or reconstruction of the same.
Section 11.5. Termination of Legal Status. Except as provided by statute, any action
to terminate the legal status of the project after substantial destruction or condemnation
occurs must be agreed to by at least fifty-one percent (51 %) of the Eligible Mortgage Holders
(based on one vote for each Separate Interest and one-half of one vote for each separate
apartment unit in an Apartment Project encumbered by the first Mortgage) and Delegates and
others holding at least sixty-seven percent (67%) of the total voting power of the Master
Association. Termination of the legal status of the project for reasons other than substantial
destruction or condemnation of the project must be agreed to by at least sixty-seven percent
(67%) of the Eligible Mortgage Holders (based on one vote for each Separate Interest and one-
half of one vote for each separate apartment unit in an Apartment Project encumbered by the
first Mortgage). Any Mortgagee of a first Mortgage shall be deemed to have agreed to such
termination if such Mortgagee of a first Mortgage fails to submit a written response to any
written proposal for termination within thirty (30) days after such Mortgagee of a first
Mortgage receives proper notice of the proposal, provided the notice was delivered by certified
or registered mail, with a "return receipt" requested.
Section 11.6. Restoration of Master Association Property. Any restoration or repair
of any Master Association Property after partial condemnation or damage due to an insurable
event shall be performed substantially in accordance with this Master Declaration and original
plans and specifications unless other action is approved by at least sixty-seven percent (67%)
of the voting power of the Master Association and Eligible Mortgage Holders of Mortgages on
at least fifty-one percent (51 %) of the Separate Interests and units in Apartment Projects then
subject to assessment by the Master Association (with one vote attributable to each Separate
Interest and one-half of one vote attributable to each apartment unit in an Apartment Project)
and which are subject to Mortgages held by Eligible Mortgage Holders.
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Section 1 1.7. Professional Management. Declarant shall have the right to require the
Master Association to obtain the services of a professional property manager to assist in the
discharge of the Master Association's duties. Furthermore, when professional management
has been previously required by either Declarant or any Eligible Mortgage Holder, whether
such entity became an Eligible Mortgage Holder at that time or later, any decision to establish
self-management by the Master Association shall require the prior consent of at least sixty-
seven percent (67%) of the voting power of the Master Association and the approval of
Eligible Mortgage Holders of Mortgages on Separate Interests who represent at least fifty-one
percent (51 %) of the votes of Separate Interests which are subject to Mortgages held by
Eligible Mortgage Holders. The term of any agreement for professional management shall not
exceed one (1) year and any agreement for professional management or any other contract
providing for services by Declarant must provide for termination by either party without
cause or payment of a termination fee upon ninety (90) days or fewer written notice.
Section 11.8. Notice to Eligible Mortgagees. Upon written request to the Master
Association identifying the name and address of the holder and the Separate Interest number
or address, any Eligible Mortgage Holder will be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which affects a material
portion of the project or any Separate Interest or Apartment Project on which there is
a first Mortgage held by such Eligible Mortgage Holder.
(b) Any default in the performance by an Owner subject to a first Mortgage
held by such Eligible Mortgage Holder of any obligation under this Master Declaration,
the Bylaws or the rules and regulations of the Board, including any delinquency in the
payment of assessments or charges owed by an Owner, which remains uncured for a
period of sixty (60) days.
(c) Any lapse, cancellation or material modification of any insurance policy
or fidelity bond maintained by the Master Association.
(d) Any proposed action which would require the consent of a specified
percentage of Eligible Mortgage Holders as specified above.
Section 11.9. Documents to be Available. The Master Association shall, within ten
(10) days of delivery of a written request and for a fee which does not exceed its reasonable
cost to prepare and reproduce the items, make available to Owners and Mortgagees, and
holders, insurers or guarantors of any first Mortgage, current copies of this Master Declaration,
the Bylaws, Articles, rules and regulations concerning the project and the books, records and
financial statements of the Master Association. The Master Association shall also make such
items available to prospective purchasers. "Available" means available for inspection, upon
request, during normal business hours or under other reasonable circumstances. Any Eligible
Mortgage Holder or Eligible Insurer or Guarantor shall be entitled to have an audited financial
statement for the immediately preceding fiscal year prepared after submission of a written
request for the same. However, should such request be made by an Eligible Mortgage Holder
whose Mortgage encumbers an Apartment Project, the audited financial statement, if not
otherwise available, shall be at the expense of the Eligible Mortgage Holder. Any such financial
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statement so requested shall be furnished within 120 days of the Master Association's fiscal
year end provided the request was made within a reasonable time prior to such date.
Section 11.10. Conflicts. In the event of any conflict between any of the provisions
of this Article and any of the other provisions of this Master Declaration, the provisions of this
Article shall control.
ARTICLE 12
ADDITIONAL PROVISIONS
Section 12.1. Enforcement. The Master Association, Declarant, any Guest Builder
and any other Owner shall have the right to enforce, by any proceedings at law or in equity,
all restrictions, covenants, limitations and reservations now or hereafter imposed by the
provisions of this Master Declaration. Failure by the Master Association, Declarant, any Guest
Builder or any Owner to enforce any covenants, restrictions, limitations or reservations herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
The City shall have the right, but not the obligation, to enforce those provisions
set forth in this Master Declaration which are in favor of the City or in which the City has an
interest.
Section 12.2. Severability. Should any provision in this Master Declaration be void
or become invalid or unenforceable in law or equity by judgment or court order, the remaining
provisions hereof shall be and remain in full force and effect.
Section 12.3. Amendments.
(a) By Declarant. Until commencement of the Master Association's regular
assessments, this Master Declaration may be amended or terminated by Declarant by
the recording of an instrument for such purpose with the County Recorder of the
County of San Diego.
(b) By Members. Except as may otherwise be stated in this Master
Declaration, this Master Declaration may be amended at any time and from time to time
by an instrument in writing signed by the Master Association's secretary certifying that
(I) at least sixty-six and two-thirds percent (66-2/3%) of the Class B voting power and
(ii> not less than sixty-six and two-thirds percent (66-2/3%) of the voting power of
Class A membership of the Master Association have approved such amendment, any
which amendment shall become effective upon the recording thereof with the Office
of the County Recorder of the County of San Diego, California. After conversion of the
Class B membership in the Master Association to Class A membership, this Master
Declaration may be amended at any time and from time to time by an instrument in
writing signed by the Master Association's secretary certifying that Delegates who hold
not less than (i) sixty-six and two-thirds percent (66-2/3%) of the total voting power
of the Master Association, and (ii) at least sixty-six and two-thirds percent (66-2/3%)
of the voting power of Members of the Master Association other than Declarant and
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Guest Builders have approved such amendment. The percentage of voting power
necessary to amend a specific clause or provision of this Declaration shall not be less
than any percentage of affirmative votes prescribed for action to be taken under that
clause.
(c) Amendments Material to Mortgagees. Anything herein stated to the
contrary notwithstanding, no material amendment may be made to this Master
Declaration without the prior written consent of fifty-one percent (51 %) or more of the
Mortgages held by Eligible Mortgage Holders (based upon one vote for each Separate
Interest and one-half of one vote for each separate apartment unit in an Apartment
Project encumbered by the Mortgage); provided, further, that so long as there remains
Class B membership in the Master Association, any material amendment to this Master
Declaration shall require the prior approval of the VA. A draft of any amendment
should be submitted to the VA for its approval prior to approval of the amendment by
the membership of the Master Association. Normally "material amendment" shall mean
any significant amendments to provisions of this Master Declaration governing any of
the following subjects:
(i) voting rights;
(ii) increases in the Master Association's regular assessments that
raise the amount assessed during the previous fiscal year by more than 25%,
assessment liens or the priority of assessment liens;
(iii) reductions in reserves for maintenance, repair and replacement of
Master Association Property;
(iv) responsibility for maintenance and repairs;
(v) reallocation of interests in or the rights to use Master Association
Property or elements of ownership;
(vi) redefinition of the boundaries of Separate Interests;
(vii) convertibility of Separate Interests into Master Association
Property and vice versa (other than non-material boundary adjustments);
(viii) annexation and deannexation;
(ix) hazard or fidelity insurance requirements;
(x) imposition of any restrictions on the leasing of Separate Interests
or Apartment Projects;
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(xi) imposition of any restrictions on an Owner's right to sell or
transfer his or her Separate Interest or Apartment Project; or
(xii) any provisions that expressly benefit holders of first Mortgages.
An amendment to the Declaration shall not be considered material if it is for the
purpose of correcting technical errors or for clarification or for making a change which
is of no practical significance. Any Mortgagee of a first Mortgage shall be deemed to
have approved an amendment to this Declaration if such Mortgagee of a first Mortgage
fails to submit a written response to any written proposal for an amendment within
thirty (30) days after such Mortgagee of a first Mortgage receives proper notice of the
proposal, provided the notice was delivered by certified or registered mail, with a
"return receipt" requested.
(d) Amendments To Specific Clauses. Notwithstanding the above
provisions, the percentage of the voting power necessary to amend a specific clause
or provision in the Declaration shall not be less than the percentage of affirmative votes
necessary for action to be taken under that clause or provision.
(e) Reduction of Required Percentage. The percentage of membership
votes or written consents required to amend the Declaration may be reduced under
certain circumstances by Court Order obtained pursuant to California CIVIL CODE § 1356.
(f) City Approval For Certain Amendments. No amendment to or revoca-
tion of the provisions of Sections 2.1, 2.3(c), 2.3(d), 2.4, 4.10, 4.18 (to the extent of
the City's lien rights thereunder), 6.1, 6.3, 6.4, 6.8, 7.4, 10.17, 10.22 or 10.23 shall
be made without the prior written consent of the City. Furthermore, any amendment
to this Declaration shall require the consent of the City if such amendment would
reduce or eliminate the standards of maintenance and repair or reduce or eliminate any
right of the City set forth in this Declaration.
(g) Amendment To Cost Center Provisions. In addition to the other
applicable requirements for amendment set forth in this Article, there shall be no
amendment to any provisions of this Master Declaration or set forth in an Notice of
Declaration of Annexation which pertain to a Cost Center without the approval of a
majority of the voting power of the Owners who are subject to the Cost Center.
Section 12.4. Extension of Master Declaration. Each and all of these covenants,
restrictions, limitations and reservations shall run with and bind the land for a term of fifty (50)
years from the date this Master Declaration is recorded, after which date they shall automa-
tically be extended for successive periods of ten (10) years, unless Master Association
Members having sufficient voting power to amend this Master Declaration have executed and
recorded at any time within six (6) months prior to the end of said fifty (50) year period, or
within six (6) months prior to the end of any such ten (10) year period, in the manner required
for a conveyance of real property, a written instrument in which it is agreed that said
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restrictions shall terminate at the end of said fifty (50) year period or at the end of any such
ten (10) year period.
Section 12.5. Encroachment Easements. The following easements are hereby reserved
by Declarant, subject to all items of record, including, but not limited to, the general utility
easements of record:
(a) It is intended that, unless Declarant decides to relocate the same, each
fence or wall installed by Declarant with the intention of separating Separate Interests
Master Association Property or Apartment Projects at the boundaries between such
areas shall establish the usable boundaries between the affected areas, regardless of
whether the fence or wall lies exactly on the boundary line. An easement is hereby
reserved for each such fence or wall to be repaired and replaced by the party(ies)
obligated to maintain the same, in the location where such fence or wall was so
installed by Declarant. Declarant shall have the right, but not the obligation, to relocate
any such fence or wall to the applicable boundary line during the period of time that
Declarant has the right to annex portions of the Properties to this Master Declaration.
The portions of land lying inside a fence or wall which was intended to be installed at
the boundary of the Separate Interest may be used by the Separate Interest Owner for
yard purposes, subject to any open space easements or other items of record. The
portions of land lying outside a fence or wall which adjoin Master Association Property
may be used by the Master Association for such purposes.
(b) In the event any improvement to any Separate Interest or Apartment
Project encroaches upon the Master Association Property or in the event any
improvement on the Master Association Property encroaches upon any Apartment
Project or Separate Interest as a result of the original construction by Declarant or a
Guest Builder or reconstruction or repair to original dimensions, or shifting, settlement
or movement on or of any portion of the Apartment Project, Separate Interest or the
Master Association Property, an easement for the encroachment and for maintenance
of the same shall exist so long as the encroachment exists; provided, however, in no
event shall an easement for encroachment be created in favor of an Owner or the
Master Association if the encroachment occurred due to the willful misconduct of the
Owner or the Master Association. In the event a structure is partially or totally
destroyed and then rebuilt or repaired, the minor encroachments over adjoining Master
Association Property, Separate Interest or Apartment Project shall be permitted and
there shall be easements for maintenance of the encroachments so long as they shall
exist. "Improvement" as used in this subsection does not include a fence or wall
(fences and walls are the subject of subsection (a) of this Section).
(C) An easement is hereby reserved in favor of each Separate Interest and
Apartment Project over adjoining areas for the purpose of accommodating
encroachments due to design, construction, engineering errors, errors in construction,
settlement or shifting of the building, roof overhangs, architectural or other appendants
and drainage of water from roofs. There shall be easements for the maintenance of en-
croachments so long as they shall exist; provided, however, that no easement is
created in favor of an Owner if the encroachment occurred due to the willful
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misconduct of the Owner. In the event a structure is partially or totally destroyed and
then rebuilt or repaired, the minor encroachments over adjoining areas shall be
permitted and there shall be easements for maintenance of encroachments so long as
they shall exist.
Section 12 .6. Master Association Maintenance of LIVID Areas. It is intended that a
City landscape maintenance district ("LIVID") maintain the median within the portions of
Melrose Avenue which are within the Properties. Should the LIVID terminate or the LIVID or
should the LIVID not maintain the median because of insufficient funding, the Master
Association will perform the maintenance subject to the City granting the Master Association
the right to do so.
Section 12.7. Cost Center Easements. Declarant hereby reserves in favor of the
Master Association easements to maintain those portions of the Properties which are subject
to maintenance by the Master Association and pursuant to Cost Center provisions set forth
in a Notice of Declaration of Annexation or other recorded instrument.
Section 12.8. Easement to Inspect and Test. Declarant reserves easements to enter
any Separate Interest, including the interior of the residence and the yard, to inspect those
areas and to conduct destructive testing referred to in California CIVIL CODE § 1375(d).
However, Declarant shall notify the Owner of the Separate Interest of at least three alternative
dates and times when such inspection can take place (the earliest of which shall not be less
than ten (10) days after the notification is given) and Declarant shall give the Owner the
opportunity to specify which date and time is acceptable to the Owner. Should the Owner not
respond affirmatively with respect to one of the dates and times within five (5) days, then
Declarant may decide which of the dates and times the inspection and testing shall take place
and so notify the Owner. Alternatively, Declarant may seek a judicial order allowing such
inspection and testing to take place. Declarant shall be entitled to its reasonably incurred
attorney's fees and be deemed the "prevailing party" should such a court order be sought and
obtained. Declarant shall be obligated to fully repair any damage caused by any such
destructive testing.
Section 12.9. Information About Public Transportation. The Master Association shall
annually obtain and distribute to Owners and occupants of Lots information from Caltrans and
North County Transit Authority regarding the availability of public transportation, ride-sharing
and transportation pooling services in the area of the Properties. This information shall also
be provided in each sales office.
Section 12.10. Special Responsibilities of Master Association. In the event that the
improvements to be installed by Declarant or a Guest Builder to the Master Association
Property have not been completed prior to the issuance by the California Real Estate
Commissioner of a Final Subdivision Public Report covering the applicable Phase, and in the
further event that the Master Association is the obligee under a bond to secure performance
by Declarant or a Guest Builder to complete such improvements, then if such improvements
have not been completed and a Notice of Completion filed within sixty (60) days after the
completion date specified in the Planned Construction Statement appended to the bond, the
Board shall consider and vote upon the question of whether or not to bring action to enforce
Rancho Carrillo
5/1/97 -52-
S
the obligations under the bond. If the Master Association has given an extension in writing
for the completion of any such improvement, then the Board shall consider and vote on said
question if such improvements have not been completed and a Notice of Completion filed
within thirty (30) days after the expiration of the extension period. In the event that the Board
determines not to take action to enforce the obligations secured by the bond, or does not vote
on the question as above provided, then, in either such event, upon petition signed by
Members representing five percent (5%) or more of the voting power of the Master Associa-
tion (excluding the voting power of Declarant and Guest Builders), the Board shall call a special
meeting of the Members of the Master Association to consider the question of overriding the
decision of the Board or of requiring the Board to take action on the question of enforcing the
obligations secured by the bond. Said meeting of Members shall be held not less than thirty-
five (35) days nor more than forty-five (45) days following receipt of the petition. At said
meeting a vote of a majority of the voting power of Members of the Master Association,
excluding the vote of Declarant and Guest Builders, to take action to enforce the obligations
under the bond shall be deemed to be the decision of the Master Association, and the Board
shall thereafter implement the decision by initiating and pursuing appropriate action in the
name of the Master Association. Nothing in this Section shall imply that the VA has approved
or will approve any such bonding arrangement.
Section 12.11. Litigation. In the event of litigation arising out of or in connection with
this Master Declaration, the prevailing party (including, but not limited to, an Owner, the
Master Association, Declarant, and a Guest Builder) shall be entitled to receive costs of suit
and such sum for attorney's fees as the Court deems reasonable.
Section 12.12. Conflicts Between Master Declaration and Subassociation Declaration.
This Master Declaration shall be deemed to supersede any Subassociation Declaration in the
event of and to the extent of any conflicts between this Master Declaration and any
Subassociation Declaration. No architectural committee established pursuant to a
Subassociation Declaration shall make rulings or establish architectural standards which
conflict with the Guidelines of the Master Architectural Committee (as such Guidelines may
change from time to time).
Section 12.13. FHA and VA Approval. As long as there is a Class B membership in the
Master Association, the following actions will require the prior approval of the FHA and the
VA: Annexation or deannexation of additional property to the Properties, any mergers or
consolidation of the Master Association, any dedications or mortgaging of Master Association
Property, any special assessments, and any amendment to this Master Declaration, a draft of
which shall be submitted to and approved by the VA prior to recording.
Section 12.14. Disclosure of Financing of Schools. Should a Community Facilities
District become established to finance the impacts to school facilities from development of
the Properties, notices of special tax shall be given by Declarant or the Guest Builder, as
applicable, pursuant to GOVERNMENT CODE §53341.5.
Rancho Cart/I/o
5/1/97 -53-
4
IN WITNESS WHEREOF, the undersigned, being Declarant herein, has set its hand and
seal as of the date first hereinabove written.
CONTINENTAL RANCH, INC., a Delaware
corporation
By:
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
On______
personally appeared
before me, Notary Public,
Title:
Title:
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
Rancho Cart/I/o
5/1/97 -54-
MAY-OS-87 14z24 PROM.CDNTXNENTAL HOMES 10.5157932575 PACE 2/3
J-12987
EXHIBIT AR
RANCHO CARRILLO BOUNDARY
Being a portion of Parcel One of Parcel Map No. 1763 in the City of Carlsbad, County of
San Diego, State of California according to the map thereof on file In the Office of the
County Recorder of said county, being more particularly described as follows:
Beginning at the most Southeasterly corner of said Parcel One; thence along the Easterly
One of said Parcel One North 0238'00 (North 02°3858" West record) West 2052.51 feet
to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South 8722'00"
West 250.00 feet; thence North 0238'O0" West 200.00 feet; thence North 60 048,0611 East
167.71 feet; thence North 0238'00 West 240.00 feet; thence South 87 022'00" West
450.00 feet; thence North 02e3800n West 330.00 feet; thence North 4222'00" East
353.55 feet; thence North 87°22'00" East 300.00 feet to the Easterly line of said Parcel
One; thence along said Easterly line South 02°38'00" (South 02°38'58" East record) East
1095.00 feet to the TRUE POINT OF BEGINNING.
Together with the following described parcel of land:
A parcel of land being a portion of the Southerly one half of Section 18 and a portion of
Section 19, Township 12 South, Range 3 West, San Bernardino Merld!an and a portion of
Fractional Section 13 and a portion of Fractional Section 24, Township 12 South, Range
4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of
California described as follows:
Beginning at a point on the Westerly boundary line of Record of Survey No. 9112 on file
In the Office of the County Recorder of said County of San Diego, said point also being on
the centerline of Palomar Airport Road and the beginning of a non-tangent 1200.00 foot
radius curve concave Southwesterly, to which a radial line bears North 02 1103'04 East;
thence leaving said Westerly line and along said centerline Southeasterly along the arc of
said curve through a central angle of 20°13'34" a distance of 423.61 feet; thence South
67043'22" East 1328.80 feet to the beginning of a tangent 1000.00 foot radius curve
concave Northeasterly, thence Southeasterly along the arc of said curve through a central
angle of 0309'32" a distance of 55.13 feet to the beginning of a non-tangent 2263.00 foot
radius curve concave Northerly to which a radial line bears North 08 03346" East; thence
Easterly along the arc of said curve through a central angle of 16°1725" a distance of
643.41 feet to the beginning of a non-tangent 1000.00 foot radius curve concave
Northwesterly to which a radial line bears North 18 0 16'59" West; thence Northeasterly
along the arc of said curve through a central angle of 0309'32 a distance of 55.13 feet;
thence North 683329 East 1525.56 feet to the beginning of a tangent 6000.00 foot
radius curve concave Southeasterly; thence Northeasterly along the are of said curve
MAY-05-87 14:25 FROM:CONTINENTAL HOMES 10,5197832575 PAGE 3/3
through a central angle of 05°39'05" a distance of 591.81 feet; thence North 74°12'34"
East 454.40 feet to the beginning of a tangent 3000.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central angle of
00052'58* a distance of 46.22 feet to a point on the Easterly boundary line of said Record
of Survey No. 9112; thence leaving said centerline and Southerly,. Westerly and Northerly
along the boundary lines of said Record of Survey the following courses: South 00 1139'50"
West 249224 feet; thence South 00 °08'23" West 2669.98 feet; thence South 0007'39"
West 1335.81 feet; thence North 89 114539 West 1314.12 feet; thence North 89°48'08
West 124820 feet; thence North 8946'41" West 1848.74 feet; thence South 00"51'48"
West 431.07 feet to the beginning of a non-tangent 900.00 foot radius curve concave
Northeasterly, to which a radial fine bears South 15°05'10" West; thence Northwesterly
along the arc of said curve through a central angle of 01 644750N a distance of 27.45 feet
thence North 73'10'00" West 120.00 feet to the beginning of a tangent 900.00 foot radius
curve concave Northeasterly; thence Northwesterly along the are of said curve through a
central angle of 29032t00u a distance of 463.91 feet; thence South 46 1122'00' West 82.83
feet to the beginning of a tangent 150.00 foot radius curve concave Northerly; thence
Westerly along the arc of said curve through a central angle of 8218*001 a distance of
215.46 feet; thence North 51 °20'OO" West 440.25 feet to the beginning of a tangent 700.00
foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve
through a central angle of 19°20'00 a distance of 236.20 feet; thence North 3200'00"
West 425.00 feet to the beginning of a tangent 750.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said curve through a central angle
of 57 017"44" a distance of 750.00 feet; thence North 8901 7'44" West 480.00 feet; thence
North 00041'42w East 205.09 feet; thence South 89 02646" East 2458.80 feet; thence
North 02038!00w West 5065.02 feet to the Point of Beginning.
Excepting therefrom the following described parcel of land:
Commencing at the Southeast corner of said Record of Survey No. 9112; thence North
00007T39w East along the Easterly line thereof 1335.81 feet; thence leaving said Easterly
line North 89 046'1 1" West 1308.84 feet; thence North 00 92100" East 1398.14 feet; thence
North 8939'00 West 542.11 feet to the TRUE POINT OF BEGINNING, being a point on
that certain document granted to the City of Carlsbad of February 24,1977 as File/Page
77-068081; thence along said document the following courses: South 36 0 15'49 West
408.00 feet; South 05010*15*? East 176.66 feet; South 06°32'57" West 225.02 feet; South
79055135fl East 228.30 feet; South 32022*19*? East 107.90 feet; South 19°16'22" West
68.69 feet; South 7650'48" West 575.23 feet; North 48°51'58" West 291.10 feet; North
16001137M East 549.47 feet; North 49 05858" East 494.91 feet; North 85 0 50'40" East
240.49 feet to the TRUE POINT OF BEGINNING.
I12967.001
EXHIBIT "B"
Plat Showing Approximate Location of Master Association Property
And
Des criDtion/Depiction of the Villages
ATTACHED
0 BACKGROUND DATA SHEET I*
CASE NO: CT 93-04
CASE NAME: Carrillo Ranch Villages L, M, N, 0. R & T
APPLICANT: L & W Investments Inc. - Continental Homes
REQUEST AND LOCATION: Request for approval of a Tentative Tract Map to subdivide 6 lots into 288 single
family residential lots (minimum 7,500 square feet), two multiple family residential lots, one community services
lot, one recreational vehicle storage lot and 18 open space lots on a 267.7 acre site located south of Poinsettia Lane
(formerly Carrillo Way) extension, west of Melrose Avenue extension and east of El Fuerte extension.
LEGAL DESCRIPTION: Portion of Sections 18 & 19 T12 R3W
APN: 215-030-09: 215-031-04: 222-012-01, 02: 222-011-06: 222-010-02 (Portion)
(Accessor's Parcel Number)
Acres: 267.7 Proposed No. of Lots/Units: 311/288
GENERAL PLAN AND ZONING
Land Use Designation RLM I RM I RMH I RH / OS
Density Allowed Villages M, 0. R -3.2, Village T -6, Village N -11.5, Village L -19
Density Proposed Village M-2.07/Village 0-2.75/Village R-3.02/Village T-5.9/Village N-1.44/Village L -18.8
Existing Zone PC Proposed Zone PC
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements)
Zoning Land Use
Site PC Single Family Residential
North PC Park/School/Single Family Residential
South R-1/RDM Multiple Family Residential
East San Diego County Single Family Residential
West PC/LC Single Family Residential
PUBLIC FACILITIES
School District SMUSD Water District CMWDILCWD Sewer District CMWD
Equivalent Dwelling Units (Sewer Capacity) 288
Public Facilities Fee Agreement, dated March 24, 1993
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
- Certified Environmental Impact Report, dated
.JL Other, Prior Compliance Final EIR 91-04 TW:v±Ih
- CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
USE ONLY)
FOR PAGE 1 OF 2
(FOR DEPT
USE ONLY)
F1 Master Plan
O Specific Plan
ZPrise Development Plan
ative Tract Map
"Planned Development Permit
O Non-Residential Planned Development
O Condominium Permit
Special Use Permit
Redevelopment Permit
Tentative Parcel Map
o Administrative Variance
General Plan Amendment
Local Coastal Plan Amendment
Site Development Plan
o Zone Change
O Conditional Use Permit
Hillside Development Permit
Environmental Impact Assessment
Q Variance
o Planned Industrial Permit
o Coastal Development Permit
Planning Commission Determination
O List any other applications not specificed
2) LOCATION OF PROJECT: ON THE South ( SIDE OF (Palomar Airport Road
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN El Fuerte AND (Eastern City Limits I
(NAME OF STREET) (NAME OF STREET)
1 3) BRIEF LEGAL DESCRIPTION:
4) ASSESSOR PARCEL NO(S). (215-030-09,215-031-04,222-012-01,02 222-011-06,222-010—ç12
5) LOCAL FACILITIES [_j 6) EXISTING GENERAL PLAN ( j' 7) PROPOSED GENERAL PLAN
MANAGEMENT ZONE DESIGNATION
NC
DESIGNATION
8) EXISTING ZONING PC (9) PROPOSED ZONING PC (10) GROSS SITE (295
ACREAGE
11) PROPOSED NUMBER OF -39 12) PROPOSED NUMBER 342 13) TYPE OF SUBDIVISION Res RESIDENTIAL UNITS V?, OF LOTS
(RESIDENTIAL
- COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS ( 1
15) PROPOSED INDUSTRIAL I N/A 1 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE -
N0Th A PROPOSED PROJECT 9EQUUUNG IHAt MULTIP!Z i4PPUCA11OS BE PILED W.MT BE S JBTIPD PRWR TO 33O p,M. F PROP) PROJECT
REQUIRING THAT MY OJPPUCA11ON BEPILED JSTBE SUBiUTIED PRIOR TO 400 P.&t 0 FRM00016 8/90
A W CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 25%
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 1 -339
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I 3390
20) PROJECT NAME:Carrillo Ranch Village L,M,N,O,Q,R,T r9b
21) BRIEF DESCRIPTION OF PROJECT: single family detached homes and 3
multi-family lots & -?lanned-devlupweiiL permftfor lot-e----Gf iess-t-han
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISSIO RS DESIGN REVIE ARD ME BERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROP i THIS LICATION.4/WE CONSENT TO ENTRY FOR THIS
PURPOSE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
Continental Homes Continental Homes
MAILING ADDRESS MAILING ADDRESS
12636 High Bluff Drive, Suite 300 12636 High Bluff Drive, Suite 300
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE -
San Diego, CA 92130 (619)793-2580 San Diego, CA 92130 (619)793-2580
I CERTIFY THAT I AM THE LEGAL OWNER 1 CERTIFY THAT 1 AM THE LEGAL OWNEWs REPRESENTATIVE AND
AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND OORRECT 10 THE
IS TRUE AND CORRECT 10 THE BEST OF BEST OF MY KNOWLEDGE.
MY KNOWLEDGE
DATE SIGNATURE
************* ****
FOR CITY USE ONLY
REC EIVED FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
MAR 2 993 (2 ;793 9( /4) -
CIT V OF CA
DA C1ED
10
RECEIVED BY.-
TOTAL FEE REQUIRED
DATE FEE PAID I 3/24I/9 3 RECEIPT NO.
. I
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLS8AD
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 Assessment, 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.
/
Signature
Date
I Chris Chambers
Name (Print)
Owner
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3180
/
Qr( OF CARLSBAD
LAND USE REVIEW APPlICATION
1) APPLICATIONS APPLIED FOR (CHECK BOXES)
(FOR DEPT
USE ONLY)
FOR PAGE 1 OF- 2
(FOR DEPT
USE ONLY)
0 Master Plan 0 General Plan Amendment
0 Specific Plan 0 Local Coastal Plan Amendment
o Precise Development Plan Site Development Plan
"Tenrative Tract Map 0 Zone Change
Planned Development Permit 0 Conditional Use Permit
C] Non-Residential Planned Development Hillside Development Permit
o Condominium Permit 0 Environmental Impact Assessment
[J Special Use Permit - 0 Valiance
O Redevelopment Permit 0 Planned Industrial Permit
O Tentative Parcel Map 0 Coastal Development Permit
o Administrative Variance 0 Planning Commission Determination
- - 0 List any other applications not specificed
2) LOCATION OF PROJECT: ON THE - South J SIDE OF Palomar Airport Road I
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN El Fuerte J AND Eastern City Limits I
(NAME OF STREET) - (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: Por. Sec. 18-19 T12 R
215-030-09,215-031-04,222-012-01,02 222-011-06,222-010-2
18 25) EXISTING GENERAL PLAN [i-j 7) PROPOSED GENERAL PLAN NC
DESIGNATION DESIGNATION
f PC j 9) PROPOSED ZONING - [c 110) GROSS SITE
ACREAGE
12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION 2°8 OF LOTS
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
4) ASSESSOR PARCEL NO(S).
5) LOCAL FACILITIES
MANAGEMENT ZONE
8) EXISTING ZONING
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
14) NUMBER OF EXISTING RESIDENTIAL UNITS [_o
15) PROPOSED INDUSTRIAL [ N/A 16) PROPOSED COMMERCIAL
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE I N/A
NOTE. A PROPOSED PROJECT REQUflW4GTIi&T t PCPs.Tl P1LW Mr D&JB&T1 PT tO33G p,it.ANOeO) PROJECT
RERZNG CAiION BEPU. BE IB&Gfl PIUO&TO .4OQ P FRM00016 8/90
criy OF CARLSBAD LAND USE REVIEW APPLICATION FORM - -- - PAGE 2 OF 2
1 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS [ 288
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC T90 I
20) PROJECT NAME- J Carrillo Ranch Village L,M,N,. ,Q,R,T
21) BRIEF DESCRIPTION OF PROJECT: [i88 single family detached homes and 3
multi-family lots
22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CiTY STAFF,
PLANNING COMMISSIO RS, DESIGN REVIE ARD ME BERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROP UCAT1ONfIJWE CONSENT TO ENTRY FOR THIS
PURPOSE
23) OWNER 24) APPLICANT I
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
Continental Homes Continental Homes
MAILING ADDRESS MAILING ADDRESS
12636 High Bluff Drive, Suite 300 12636 High Bluff Drive, Suite 300
CITY AND STATE ZIP TELEPHONE CITY AND STATE- ZIP TELEPHONE
San Diego, CA 92130 (619)793-2580 San Diego, CA 92130 (619)7932580
I CERTIFY THAT I AM THE LEGAL OWN. I CERI1FY THAT I AM THE LEGAL OWNER'S REFRES5TATh'E AND
AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE
15 TRUE AND CORRECT 10 THE BT OF BEST OF MY ICNOWLEOGF.
MY XNOWLEDGE.
A' SIGNATIJR.E DATE
3.
**.***************
FOR CITY USE ONLY
FEE COMPUTATION: R EC V D I
APPLICATION TYPE FEE REQUIRED
J0L2 81993.
- RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO. I
3EN CITY OF CIRLSED 6-25-93 11:1 ici
VILLAGE T, Q, R, N, L, M
DISCLOSURE STATEMENT
APPUCANrS STATEMEW1' OF DISCLOSURE OF CERTAIN QWNER$.uP INTERESTS CM AU. APPUCAMNS
WHICH WILL REQUIRE DtSCRETIONAAY ACTiON ON THE PAST OF THE crrv COUNCIL OR ANY APPOINTED
EQARO, COMMISSION OR COMM11TEE.
(Pi&se Print)
T lIowing informatiom must be disclosed:
List the mamas and adress•s of efl persons having a financial Intirsit in the application.
Continental Homes
j High Bluff Drive
Suite 300
riTego , CA 92130 - - -- __ — --
List the names and addresses o H p.rons having any ownership interest in the property invcIed
_Eanio (Arrilln.TI- -. - - -_-- - -U--- s— -
C /o Continent - -i--- -.-- . -
12636 High Bluff Drive
=1 300 -
Sn Dieqo, CA -92130
-
- -. - - -
3. If any person Identified pureusn to (1) or (2) above Is S corporation or partnership, lit th$ namer
addresses of all indMdu*I* owning more than 10% of the shares in the corporation or owning any partrt
interest in the partnership.
4. If any parson identified pursuttt to (1) or (2) above is a non-profit organization or a trust, list the riarr
addresses of any person serving as officer or director of tMe non-profit oraniZ&tlOn or U trust.' Of b ar
of thi trust
(Over)
5EtT b':cjT 5-2S-93 ; 619'RO6g4 61 436 443; ? S S -
)isciosuri S'aterneflt Page 2
5, Have you had rnøra trari S20 wrth of business transacted with any memir of City staff, Ecar:
Commissions, Commrtas and Council within hi past twelve months?
Yea No d yes, plasso indicate parson(s)
Pemm i defined &s 'Any indMduai, firm, ocpannerPiip, joint vantura, a*ciation, Si11 club, fraterrai
organization, corporation, sta, tru, receiver, syndicaia. this and any otnar county, city arid 70unty. cr
municipality, district or otfkEr tic*I $utNIshOfl, or any oili*r group Of combination acting as a t.
(j5; Attach additional pages as n*cOsary.)
~-AWIWR
00"m F. EM 4WkL
Rancho Car±illo, Inc.
Print or type name of owner
Continental Homes
Printoç type name of applicant -
0 1- 0
i-tv of Carlsbad
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMfflEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
Continental Homes
12636 High Bluff Drive
Suite 300
San Diego, CA 92130
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Continental Homes
12636 High Bluff Drive
Suite 300
San Diego, CA 92130
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
4. If any person identified pursuant to (1). or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
7-:1
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards
Commissions, Committees and Council within the past twelve months?
Yes - No j If yes, please indicate person(s)
Person is defined as: Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or
combination acting as a unit.
(NOTE: Attach additional pages as necessary.)
K 4~~M--46IV4 LAMMLL
Signature of Owneddate(J ~ e
Continental Homes
Print or type name of owner
k
Signature of applicant/date
Continental Homes
Print or type name of applicant
FRM00013 8/90
. .
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Car t,//o 12c,4c4 /;i'/a,e 4,,44, [U, Q, 7
APPLICANT NAME: (S,#øi7/ #"7'-S
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, Cr
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
:7
ProjOsc.fflT'
R.v. 4191
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12. VILLAGE
a. Description
Village L is located east of Melrose Avenue with Open Space Area 4 on the
northwest side, Open Space Area 5 on the northeast boundary and Village M to
the south. Village L has a gross area of 5.8 acres and a net developable area of
5.1 acres. This village will have views to the north into the open space area.
b. Use Allocation
General Plan Land Use RH (15-23 du/ac)
Growth Management allows 96 units.
C. Product Type
Multifamily
d. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be included in this planning area:
• Units shall be designed to take advantage of views to the open space area
to the north.
• The noise generated from Melrose Avenue shall be mitigated per current
City of Carlsbad Noise Ordinance or Policy.
• Landscape screening of the dwelling units shall be incorporated to soften
views of these structures from Melrose Avenue.
, -
152
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N.
LEGEND
Land Use: RH r Village Entry
Resource Fence
Recreation
Facility
Product: MF
Max Yield: 96
w/Monumentatlon
Solid Wall .' Trail
Distant
View
Streetacape
View Open Fence Trail head
:1 e Village L no scale
E
.
13. VILLAGE
a. Description
Village M is located north and east of Melrose Avenue with Village L on its
northern boundary and Open Space Area 5 on the north and east side. Village M
has a gross area of 38.3 acres and a net developable area of 32.3 acres.
b. Use Allocation
General Plan Use RLM (1-4 du/ac)
Growth Management allows 103 units.
C. Product Type
Single Family Development
d. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be incltided in this planning area:
• Where feasible, units shall be designed to take advantage of views into the
open space area to the east.
I The noise generated from Melrose Avenue shall be mitigated per current
City of Carlsbad Noise Ordinance or Policy.
• This Village shall gain access from a collector street off of Melrose
Avenue.
S This Village shall gain secondary access from existing Redwing Drive.
• Panhandle lots shall be permitted as allowed under R-1 Zoning since there
are portions of this Village that cannot be adequately served with a public
street due to topography and the grading required for the construction of
Melrose Avenue. The panhandle lots created in this Village will not
adversely impact the ability to provide full public street access to other
properties within the Master Plan or adjacent properties outside of the
Master Plan.
154
I .
• An Open Space Easement shall be placed on manufactured slope areas
adjacent to roadways. Slopes within residential lots shall be maintained
in common and free of property line fences.
155
h.
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R A N C H 0 -
no scale II1
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n
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+509
+475( ,'
;A7o Nd
* Village Entry with Monumentation
Solid Wall
0 too Open Fence
Resource Fence
Trail
Trail Head
1 ) Recreation Facility
Distant View
View Streetscape
"31 Public Street with Sidewalk on One Side
LAND USE DATA
Land Use: RLM
Product: SFD
Max. Yield: 103
Design Criteria Village M I I
.
14. VILLAGE N
a. Description
Village N is located in the southeast corner of the project, adjacent to and
southwest of Melrose Avenue. Village Q, Open Space Areas 8 and 9 are located
to the west. Village 0 is located directly north of Village N. Village N has a
gross area of 12.4 acres and a net developable area of 10.4 acres. The village
will offer views into the valley, Rancho Carrillo Park and towards the west.
b. Use Allocation
General Plan Land Use RMR (8-15 du/ac).
Growth Management allows 119 units.
C. Product Type
Multifamily
d. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be included in this planning area:
• Whenever possible units should be designed to take advantage of the views
offered by this village.
• All units within this village shall maintain a minimum 50 foot setback
from Melrose Avenue.
• The noise generated from Melrose Avenue shall be mitigated per current
- V City of Carlsbad Noise Ordinance or Policy.
• An Open Space Easement shall be placed on manufactured slope areas
adjacent to roadways. Slopes within residential lots shall be maintained
in common and free of property line fences.
• The multifamily units developed in this site shall consist of a mixture of
3-4 plex units compatible with the existing units to the south of Village N.
157
Land Use: RMH Village Entry
P w/,numentatlon Product: MF
Max. Weld: 719 Solid Wall
Open Fence
12 R A N C H 0
Resource Fence 1) Recreation
Facility
Distant
~ Trail View
Streetecape
Trail head View
Design Ci9teri
Village N _____
t. -0•
•"
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0
- Location variable
+465
Th
I\.-
50' Setback
+475
\
Entry Column
+480
---- Tht - - _ - - - -
- - -
+507 +
0 0
.
.
15. VILLAGE 0
a. Description
Village 0 is located south and west of Melrose Avenue with Village N to the
south and Rancho Carrillo Park located on the western boundary. Village 0 has
a gross area of 18.3 acres and a net developable area of 13.0 acres. This village
will offer views into the valley, Rancho Carrillo Park and towards the west.
b. Use Allocation
General Plan Land Use RLM (0-4 du/ac).
Growth Management allows 41 units, however, per Section E. 1 of Chapter 2 of
this Master Plan, Village 0 may be developed with up to 51 dwelling units at a
density of 3.9 du/ac which is within the density range of the RLM General Plan
designation.
C. Product Type
Single Family
d. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be included in this planning area:
0 Whenever possible units should be designed to take advantage of the views
offered by this village.
I All units within this village shall maintain a minimum 50 foot setback
from Melrose Avenue.
I The noise generated from Melrose Avenue shall be mitigated per current
City of Carlsbad Noise Ordinance or Policy.
S Development in the northern portion of this village shall be designed to
be compatible with the Rancho Carrillo Park.
S Portions of Village 0 will be designed in conformance with the
requirements of the Special Park Design District.
159
1EGENTh
Land Use: RLM Village Entry * Recreation
Fence J( Facility
' Resource w/Monum.ntation Product. SFD Distant
Max Weld. 51 Solid Wall .' Trail View
•
Open Fence
Strectscape
Trail head 4C View 0
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17. VILLAGE Q
a. Description
Village Q is located in the southern portion of the Master Plan north of Village
R, south of Village N and west of Village 0. Open Space Areas 8, 9, 11 and 13
separate it from Villages N, 0 and R. Village Q has a gross area of 73.9 acres
and a net developable area of 63.9 acres. This village is located on a large
hillside that slopes down into the valley floor to the north.
b. Use Allocation
General Plan Land Use RLM (0-4 du/ac)
Growth Management allows 204 units.
C. Product Type
Single Family Development
d. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be included in this planning area:
• Units shall be located to take advantage of views into the valley floor to
the north and towards Rancho Carrillo Park to the northeast.
• Lots with side loaded garages shall have a minimum setback of 10' from
the right-of-way.
• 32' wide curb to curb public hillside streets shall be allowed for unloaded
streets that traverse steep topography.
• An Open Space Easement shall be placed on manufactured slope areas
adjacent to roadways. Slopes within residential lots shall be maintained
in common and free of property line fences.
• Portions of Village Q will be designed in conformance with the
requirements of the Special Park Design District.
163
C r
• Panhandle lots shall be permitted as allowed under R-1 zoning, since there
are portions of this Village that can not be adequately served with a public
street due to topography and grading. The use of panhandle lots in these
instances would reduce grading amounts, the size of manmade slopes,
increase the amount of natural open space and the connection between
open space areas. In addition, the use of panhandle lots in Village Q
would not adversely impact the ability to provide full public street access
to other developable properties within the Master Plan.
164
•
•.:..
Village Entry with Monumentatlon
VOA Solid Wall
00 100 Open Fence
Resource Fence
•ø..
•..' Trail
ci Trail Head
Recreation Facility
Distant View
If Streetscape View
* Public Street with Sidewalk on One Side
LAND USE DATA
Land Use: RLM
Product: SFD
Max. Yield: 204
- ----.. ----------- ---,
(7
+250
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R A N C H 0
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"1 U..... Design Criteria Village Q r8i
.
18. VILLAGER
a. Description
Village R lies along the southern boundary of the project. Open Space Area 8 &
13 separates this village from Village Q to the north and Village N to the east.
Village R has a gross acreage of 17.0 acres and a net developable acreage of 14.9
acres. This village has the highest elevations in the development and will have
the most dramatic views overlooking the valley. This village will gain access
from an extension of Unicornio Drive from the south and from Village Q.
b. Use Allocation
General Plan Land Use RLM (0-4 du/ac).
Growth Management allows for 47 units.
C. Product Type
Single Family Development
d. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be included in this planning area:
• Although architectural style does not need to be of an identical style with
existing development to the south, it should be compatible.
• Site planning shall be coordinated to take advantage of views into the
valley.
- • Lots with side loaded garages shall have a minimum setback of 10' from
the right-of-way.
• An Open Space Easement shall be placed on manufactured slope areas
adjacent to roadways. Slopes within residential lots shall be maintained
in common and free of property line fences.
166
.
F- 16-1
' - -
[I
-34
- -
+512
I t I
I " k?\ T'li
G!NP
Village Entry with Monumentatlon
Solid Wail
00 00 Open Fence
Resource Fence
Trail
CI Trail Head
Recreation Facility
Distant View
Stroetscape View
* Public Street with Sidewalk on One Side
LAND USE DTA
Land Use: RLM
Product: SFD
Max. Yield: 47
R A N C H 0
VAIN (ARRILI fl
- 76--i
Sri 2
u
I..... Design Criteria I
Village R L
L
20. VILLAGE T
a. Description
Village T is located east of El Fuerte between Open Space Areas 12,13 & 14.
Village T has a gross area of 4.5 acres and a net developable area of 3.2 acres.
This village has been designated as a community service facilities site.
b. Use Allocation
Although this site carries the RM General Plan Land Use Designation (4-8 du/ac),
it has been designated as a community service facility site by the Rancho Carrillo
Master Plan. If this site is not utilized by a community service facility within 3
years of grading of the right-of-way for El Fuerte Street or the collector street
adjacent to this site shall revert back to its underlying designation of RM. This
would allow this site to be developed with 19 residential units upon approval of
a tentative map.
C. Special Design Criteria
All community-wide design standards described in the Community Development
Standards section of this Master Plan shall be implemented in this planning area.
The following specific guidelines shall be included in this planning area:
S Prior to development of this site other than the Phase 1 grading, a Site
Development Plan must be approved by the Planning Commission.
I Village T should attempt to take advantage of views into the valley open
space to the north and northeast.
I The Community Service Facilities shall produce a positive landmark
building within the plans overall architectural theme.
,
170
Design Criteria
1
61] Village T _____ Ila ~ Kim no scale
-1
+194 J
R Recreation
Facility
Distant 4:7
View
Streetecape
- View
'
40' Setback
20' Setback
LFGEND
Community Services Village Entry * w/Monumentation Resource Fence
Land Use: RM •
Total Area: 4.5&c Solid Wall •• Trail
Pod Area: 2.1 ac
Open Fence Trail head
I
9PUCA-nON REQUIREMENTS FOR 0
TENTATIVE TRACT MAPS (AND REVISIONS)
TENTATIVE PARCEL MAPS
CONDOMINIUM PERMITS
PLANNED DEVELOPMENT PERMiTS (FOR RESIDENTIAL PROJECTS ONLY)
1.
f D
1. Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36"
sheet(s) and folded into 8½ x 11" size efcples of the tentative tract
map/condominium site plan shall be submitted by the applicant upon request of the
project planner prior to project approval. Each tentative map shall contain the
following information:
GENERAL INFORMATION:
A. Name and address of owner whose property is proposed to be subdivided
and the name and address of the subdivider;
U B. Name and address of registered civil engineer, licensed surveyor, landscape
architect or land planner who prepared the maps;
0 C. North arrow;
O D. Scale; vicinity map;
O E. Date of preparation/revisions;
O F. Classification of lots as to intended residential, commercial, industrial or
other uses;
O G. Tentative Map number in upper right hand corner (City to provide number
at time of application).
O H. Number of units to be constructed when a condominium or community
apartment project is involved; Total number of lots proposed.
O I. Name of sewer and water district providing service to the project.
O J Average Daily Traffic generated by the project broken down by separate
uses.
FRM003 10/92 Page 1 of 8
$ p
IN
IN
01
U
U
K. Name ochool District providing service to the eject.
L Proposed density in lots or dwelling units per acre.
M. Existing Zone and General Plan Designation..
N. Site acreage.
SITE INFORMATION:
A. General
1) Approximate location of existing and proposed building and
permanent structures;
2) Location of all major vegetation, showing size and type;
3) Location of railroads;
4) Legal description of the exterior boundaries of the subdivision
(approximate bearings, distances and curve data);
5) Lot lines and approximate dimensions and number of each lot;
6) Lot area for each proposed lot.
7) Setback dimensions for the required front, rear and side yard
setbacks for all structures;
8) Indicate top and bottom elevations for all fences, walls, and retaining
walls. Show these elevations at each end of the wall and in the
middle. Also show the worst condition elevation.
9) Show site details for all recreation lots or areas (when applicable).
10) Total building coverage for lots with proposed structures.
B. Streets and Utilities
1) The location, width and proposed names of all streets within and
adjacent to the proposed subdivision, show proposed street grades
and centerline radii. Provide separate profile for all streets with
grades in excess of 7%. Streets should be in conformance with City
Standards and Engineering Department Policies. (Especially Policy
Numbers 1 and 22)
2) Name, location and width of existing adjacent streets and alleys.
a
a
FRM003 10/92 Page 2 of 8
I
0
0
0
0
0
0
0
I
I
I
U
3) Typical street section for all adjacent streets and streets within the
project.
4) Width and location of all existing or proposed public or private
easements.
5) Public and private streets and utilities dearly identified.
6) Show distance between all intersections and medium and high use
driveways.
7) Clearly shàw parking stall and isle dimensions and truck turning
radii for all parking areas.
8) Show access points to adjacent undeveloped lands.
9) Show all existing and proposed Street lights and utilities (sewer,
water, major gas and fuel lines, major electric and telephone
facilities) within and adjacent to the project.
10) Show all fire hydrants located within 300 feet of the site.
C. Grading and Drainage
1) Approximate contours at 1' intervals for slopes less than 5%, 2'
intervals for slopes between 5% and 10%, and 5' intervals for slopes
over 10% (both existing and proposed). Existing and proposed
topographic contours within a 100 foot perimeter of the boundaries
of the site. Existing onsite trees; those to be removed and those to
be saved.
2) Earthwork volumes: cut, fill, import and export.
3) Spot elevations at the corners of each pad.
4) Method of draining each lot. Include a typical cross section taken
parallel to the frontage for lots with less than standard frontage.
5) Location, width and/or size of all watercourses and drainage
facilities within and adjacent to the proposed subdivision; show
location and approximate size of any proposed detention/retention
basins.
6) Clearly show and label the 100 year flood line for the before and
- after conditions for any project which is within or adjacent to a
FEMA flood plain.
2. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations.
FRM003 10/92 Page 3 of 8
. 1 .
3. One (1) copy of 8 1/2" X 11" location map (suggested scale 200" - vicinity maps on
the site plan are not acceptable).
[21" 4. Environmental Impact Assessment Form (separate fee required). Required for
tentative parcel maps only where significant grading is proposed. Check with
Planning staff to determine if required for your application.
[21"
S. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1)
reproduced copy. (Separate fee required).
" EY 6. Disclosure Statement. (Not required for tentative parcel maps.)
7. Property Owners' List and Addressed Labels
SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER
WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO
SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE
REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED
REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO
COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS
INFORMATION IS RECEIVED.
- A typewritten list of names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner) except for all
Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to
Section 20.24.115 of Title 20. The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls.
- Two (2) separate sets of mailing labels of the property owners within a 600 foot radius
of subject property except for Tentative Parcel Maps which shall utilize a 300 foot
radius. For any address other than single family residence, apartment or suite number
must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS.
8. 600 Foot Radius Map (300 foot radius for Tentative Parcel Maps)
A map to scale not less than 1" = 200' showing each lot within 600 feet of the
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list. The scale of the map may
be reduced to a scale acceptable to the Planning Director if the required scale is
impractical. For Tentative Parcel Maps, a map to scale on an 8 1/2 x 11 inch sheet,
showing each lot within 300 feet of the exterior boundaries of the subject project.
•rj. Preliminary Hydrology map and calculations for lots exceeding one acre. Show
before and after discharges to each including drainage basin.
10/92 Page 4 of 8
• 0
10. Three (3) copies of the Preliminary Tide Report (current within the last s (6) A .D months).
Proof of availability of sewer if located in the Leucadia County Water District or the
Vallecitos Water District.
O 12. School District letter indicating that school facilities will be available to the project.
O 13. Colored Site Plan and Elevation Plan (Not required with first submittal and not
/J 4 for tentative It is the Applicant's required parcel maps). responsibility to bring one
(1) copy of a colored site plan and one (1) copy of a colored elevation to the
Planning Department by Noon eight (8) days prior to the Planning Commission
/7 meeting. Do not mount exhibits.
0" 14. Statement of agreement to waive tentative subdivision map time limits. Required
for tentative maps only when project requires concurrent processing of planning
application, or environmental review.
O 15. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site Plan,
,— (p etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following information:
(Note: this information is not required for previously graded sites and the
conversion of existing structures.) If the constraint does not apply to the property,
list it on the map as not applicable.
O (1) Major ridge lines
O (2) Distant views
O (3) Internal views
O (4) Riparian or woodlands
0 (5) Intermittent drainage course
O (6) 25 - 40% slopes
O (7) Slopes 40% and above
O (8) Major rock outcroppings
O (9) Easements
O (10) Floodplains
O (11) Archaeological sites
O (12) Special planning areas - type of special planning area
FRM003 10/92 Page 5 of 8
I
0 (13) Biological Habitats. Indicate the location of coastal sage scrub and chaparral
plant communities existing on the site
O (14) Beaches
O (15) Permanent bodies of water
(16) Wetlands
0 (17) Land subject to major power transmission easements
0 (18) Railroad track beds.
0 16. All projects must evaluate their potential impacts on the regional transportation
system, including the costs of mitigating the associated impacts, as required by the
SANDAG Congestion Management Program (CMP).
For projects with an average daily traffic (ADT) generation rate greater than 500
vehicles per day or 200 or more peak-hour vehicle trips:
Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis
must be prepared by a Registered Traffic Engineer or Registered Civil Engineer.
The analysis must show project impacts to all intersections and road segments
identified as impacted within the included Local Facilities Management Plan or as
otherwise determined in discussions with staff. The following minimum information
should be included with the study:
a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background
and project AM and PM peak hour impacts and traffic distribution.
b) Project traffic generation rates and traffic assignment.
c) Necessary calculations and/or analysis to determine intersection and road
segment levels of service.
d) Any proposed mitigation requirements to maintain the public facility
standards.
e) On Collector streets and above, an analysis of the need for a traffic signal
will be required.
"Large" projects: Any project which, upon its completion will be expected to
generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or
more peak-hour vehicle trips, including large projects that may have already been
reviewed under CEQA but require additional local discretionary actions, is defined
as a "large project7 under the SANDAG Congestion Management Program (CMP) atid
will be subject to enhanced CEQA review as specified in the CMP.
Depending upon the complexity of the project, the City of Carlsbad reserves the
right to require a traffic study on any project.
FRM003 10/92 Page 6 of 8
I
. 0 0 El 17. Noise Study consistent with the Planning Department Administrative Policy No. 17 g. when applicable. (See Policy #17).
18 Two copies of preliminary soils/geolo gic report for all project with cut or fill depths
exceeding 5 feet.
0 19. For all condominium conversions, a signed statement by the owner stating Section
66427.1 of the State Map Act will be complied with.
O 20. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have
been submitted and are acceptable.
0 21. For all condominium conversions, one copy of a compliance inspection performed
by the Building Department. (Separate fee required.)
22. For all condominium and planned development projects, ten (10) copies of a
preliminary landscape plan (four (4) copies for projects with four or fewer units)
on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size Fifteen (15) copies of theI landscape plans shall be submitted by the applicant upon request ofihe project
planner prior to approval of the project. The scale should be consistent with all
other exhibits.
Each landscape plan shall include the following information:
a. Landscape zones per the City of Carlsbad Landscape Manual.
b. Typical plant species, quantity of each species, and their size for each
planting zone in a legend (Use symbols).
C.
An estimate of the yearly amount of irrigation (supplemental) water required
to maintain each zone.
I Landscape maintenance responsibility (private or common) for all areas.
e. Percent of site used for landscaping.
L Water Conservation Plan.
23.
~rcr'~ AtS
Lk /40
r'1
For all condominium and planned development projects, ten (10) copies of the
building elevations and floor plans (four (4) copies for projects with 4 or fewer
units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size of the
building elevations and floor plans shall be submitted by tlièipplkan .tupon request
of the project planner prior to project approval. Each building elevation and floor
plan shall include the following information:
a. Floor plans with square footage included.
b. Location and size of storage areas.
FRM003 10/92 Page 7 of 8
•
C. All buildings, structures, walls and/or fences, siand exterior lights.
d. Include a scale on all floor plans and building elevations.
e. Indicate on all building elevations, compliance with Carlsbad Height
Ordinance 21.04.065.
G- 24. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE
(SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS
ATTACHED.)
/ from 25. Photographs of the property taken the north, south, east and west.
O 26. Construction materials board and color samples (i.e., roofing, exterior walls,
pavement, glass, wood etc.) 1A
O 27. Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments
on properties designated or zoned for single family development shall be AJ accompanied by a preliminary tentative map. This map shall illustrate how many
standard lots conforming to applicable zoning and subdivision standards served by
public streets could fit on the site. The design of this preliminary tentative map
shall comply with all applicable City Ordinances and Standards except for the design
standards of the Planned Development Ordinance. The applicant shall also submit
maps, diagrams, plans and a report showing that the proposed planned development
will result in superior residential development consistent with the purpose and
intent of the Planned Development Ordinance. The density on the developed
(
portion of the planned development site shall be similar to and compatible with
)r' surrounding development.
28. "Notice Signed of Time Limits on Discretionary Applications".
12' 29. "Project Completed Description/Explanation" sheet.
30. Deposit for Publication Notices - See Fee Schedule for amount.
FRM003 10/92 Page 8 of 8
0
ORDER NO. 1043792-6
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
NOVEMBER 6, 1992
CONTINENTAL HOMES
12760 HIGH BLUFF DRIVE, SUITE 380
SAN DIEGO, CALIFORNIA.
ATTN: CHRISTOPHER CHAMBERS
OUR ORDER NO. 1043792-6
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFIKR SET FORTH, INSURING AGAINST LOSS WEIGH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS
SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF NOVEMBER 3, 1992 AT 7:30 A.M.
DIANNE LIVTW/CM -"TITLE OFFICER
DIRECT DIAL PHONE 231-4654
PAGE 1
ORDER NO. 1043792-6
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
RANCHO CARRILLO, INC., A DELAWARE CORPORATION
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 ATTACHED LEGAL DESCRIPTION)
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 1992-93, A LIEN,
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN
DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS.
5. AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR
OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 18, 1937
IN BOOK 615, PAGE 65 OF OFFICIAL RECORDS, WHICH AFFECTS SECTION
18 DESCRIBED AS FOLLOWS:
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ORDER NO. 1043792-6
BEGINNING AT A POINT ON THE WEST LINE OF SECTION 18, DISTANT
THEREON 2900.18 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE FROM SAID POINT OF BEGINNING, NORTH 87°21' EAST 4476.0
FEET; THENCE SOUTH 89 0 21" EAST TO THE EAST LINE OF SAID ABOVE
MENTIONED NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18.
IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT SAID GAS
PIPE SHALL IN ALL CASES BE BURIED IN THE GROUND AT A SUFFICIENT
DEPTH AS NOT TO INTERFERE WITH AGRICULTURAL DEVELOPMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED FEBRUARY 24, 1938 IN BOOK 759, PAGE 6 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID NORTHEAST
QUARTER OF SOUTHWEST QUARTER OF SECTION 19, DISTANT THEREON 245.3
FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID
POINT OF BEGINNING, NORTH 2°54' EAST 1245.9 FEET; THENCE NORTH
15 0 45' EAST 440 FEET; THENCE NORTH 36 0 55' WEST 210.4 FEET.
SAID EASEMENT AFFECTS A PORTION OF SECTION 19 HEREIN DESCRIBED.
AFFECTS PARCEL 1.
7. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE
OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO
BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF
OFFICIAL RECORDS.
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.
AFFECTS PARCEL 1.
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ORDER NO. 1043792-6
8. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES TO ERECT, CONSTRUCT,
RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE FROM TIME TO TIME,
FOR THE TRANSMISSION AND DISTRIBUTION OF. ELECTRICITY AND FOR
TELEPHONE PURPOSES, A LINE OR LINES OF WOOD POLES OR STEEL TOWERS
OR POLES, AND WIRES OR CABLES SUSPENDED THEREON, AND SUPPORTED
THEREBY, INCLUDING WIRES FOR TELEPHONE PURPOSES AND ALL NECESSARY
AND CONVENIENT FOUNDATIONS, CROSS-ARMS AND BRACES AND INCIDENTAL
PURPOSES IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC
COMPANY, RECORDED OCTOBER 11, 1940 IN BOOK 1078, PAGE 247 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID EASEMENT OF RIGHT OF WAY BEING 150 FEET IN WIDTH, THE
SOUTHWESTERLY AND NORTHEASTERLY BOUNDARY LINES OF WHICH ARE
PARALLEL WITH AND 50 FEET SOUTHWESTERLY AND 100 FEET
NORTHEASTERLY, RESPECTIVELY, FROM A LINE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18,
DISTANT THEREON 327.86 FEET WESTERLY FROM THE SOUTHEAST CORNER OF
SAID SECTION 18; THENCE NORTH 28 0 50'13" WEST, 2044.26 FEET, MORE
OR LESS, TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF
SOUTHEAST QUARTER OF SECTION 18, WHICH POINT IS THE TRUE POINT OF
BEGINNING CONTINUING NORTH 28 0 50'13" WEST, A DISTANCE OF 905.3
FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHWEST QUARTER
OF SOUTHEAST QUARTER OF SECTION 18.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED NOVEMBER 21, 1951 IN BOOK 4297, PAGE 314 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF
NORTHWEST QUARTER OF SECTION 19; DISTANT THEREON 550.23 FEET
NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID
POINT OF BEGINNING NORTH 84 0 24' EAST 0.56 FEET; THENCE SOUTH
67 0 03 1 15" EAST 505.28 FEET.
ALSO: FROM THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE SOUTH
84 0 24' WEST 1471.83 FEET; THENCE NORTH 58 0 37' WEST 240.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
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ORDER NO. 1043792-6
10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6416, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 1.
11. AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF
SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS
FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE
NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS
19 AND 24 WHICH IS DISTANT THEREON NORTH 0 0 03'05" WEST 551.11
FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24,
BEING POINT "At' OF THIS DESCRIPTION; THENCE SOUTH 72 0 32 1 47" WEST
144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62
FEET THROUGH AN ANGLE OF 9°21'll" TO A POINT ON SAID EASTERLY
LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2°38 1 10" WEST 690.82
FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF
BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE
NORTH 72 0 32 1 47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48 1 48";
THENCE TANGENT TO SAID CURVE NORTH 56 0 43 '59 " EAST 48.56 FEET TO
THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH
AN ANGLE OF 38 0 27 1 41"; THENCE TANGENT TO SAID CURVE SOUTH
84 0 48 1 20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51 1 51";
THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST 70.07 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET
THROUGH AN ANGLE OF 28 0 24 1 31"; THENCE TANGENT TO SAID CURVE NORTH
55 0 44 1 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00
FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID
CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 ; THENCE TANGENT TO
SAID CURVE NORTH 41 0 21'20 11 EAST 40.78 FEET TO THE BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF
36 0 19 1 42"; THENCE TANGENT TO SAID CURVE NORTH 77 0 41 1 02" EAST
606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21
FEET THROUGH AN ANGLE OF 9 0 54 1 13"; THENCE TANGENT TO SAID CURVE
NORTH 87 0 35'15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT
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ORDER NO. 1043792-6
250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE
TANGENT TO SAID CURVE NORTH 68 0 11 1 55" EAST 205.33 FEET TO THE
BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN
ANGLE OF 2104805t; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET
TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH
AN ANGLE OF 24 0 34'02"; THENCE TANGENT TO SAID CURVE SOUTH
65 0 25 1 58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30001108t1;
THENCE TANGENT TO SAID CURVE SOUTH 35 0 24 1 50" EAST 208.31 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET
THROUGH AN ANGLE OF 21 0 27 1 14"; THENCE TANGENT TO SAID CURVE SOUTH
56 0 52'04" EAST 351.49 FEET; THENCE SOUTH 60 0 50 1 13" EAST 152.27
FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
140.07 FEET THROUGH AN ANGLE OF 32 0 06'08" TO A POINT ON THE EAST
LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,
DISTANT NORTH 0 0 08 1 43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER
OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID
20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA
HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 19.
ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR
CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR
THE CONSTRUCTIONS OF A SEWER PIPELINE IN THE EAST HALF OF THE
NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY
EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19
AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON
NORTH 0 0 03 1 05" WEST, 555.11 FEET FROM THE QUARTER CORNER COMMON
TO SAID SECTIONS 19 AND 24; THENCE NORTH 72 0 32'47" EAST, 425.99
FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET
THROUGH AN ANGLE OF 15 0 48 1 48"; THENCE TANGENT TO SAID CURVE NORTH
56 0 43'59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID
CURVE, 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT
TO SAID CURVE SOUTH 84 0 48'20" EAST 381.08 FEET TO THE BEGINNING
OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN
ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49"
EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID
PAGE 6
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ORDER NO. 1043792-6
CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24 1 31"; THENCE TANGENT
TO SAID CURVE NORTH 55°44'20 EAST, 53.12 FEET TO THE BEGINNING OF
A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF
14 0 23 1 00"; THENCE TANGENT TO SAID CURVE NORTH 41 0 21 1 20" EAST,
40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID
CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT
TO SAID CURVE NORTH 77°41 1 02" EAST, 606.59 FEET TO THE TRUE POINT
OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT
BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN
ANGLE OF 9054113tI; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15"
EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT
RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE
84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE TANGENT TO SAID
CURVE NORTH 68 0 11 1 55" EAST, 205.33 FEET TO THE BEGINNING OF A
TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF
21 0 48 1 05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE
BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH
AN ANGLE OF 24 0 34 1 02"; THENCE TANGENT TO SAID CURVE SOUTH
65 0 25 1 58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30 0 01 1 08";
THENCE TANGENT TO SAID CURVE SOUTH 35 0 24'50" EAST, 208.31 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET
THROUGH AN ANGLE OF 21027114t1; THENCE TANGENT TO SAID CURVE SOUTH
56 0 52 1 04" EAST, 351.49 FEET; THENCE SOUTH 60 0 50 1 13" EAST, 152.27
FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
140.07 FEET THROUGH AN ANGLE OF 32 0 06'08" TO A POINT ON THE EAST
LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,
DISTANT NORTH 0 0 08'43" EAST, 744.12 FEET FROM THE SOUTHEAST
CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18,
SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA
HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 19.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
PAGE 7
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ORDER NO. 1043792-6
12. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE,
REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF A DRAINAGE
CHANNEL AND FOR THE FLOWAGE OF ANY WATER AND INCIDENTAL PURPOSES
IN FAVOR OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE I, RECORDED
JUNE 22, 1971 AS FILE NO. 132730 OF OFFICIAL RECORDS, DESCRIBED
AS FOLLOWS:
LYING WITHIN A 12 FOOT STRIP OF LAND SIX FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID SECTION NORTH 0 0 52'06" EAST, A
DISTANCE OF 1122.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID EAST LINE, NORTH 83 0 00 1 00" WEST, A DISTANCE OF
200.00 FEET. THE SIDE LINE OF SAID 12 FOOT STRIP SHALL BE
LENGTHENED OR SHORTENED TO TERMINATE IN THE EAST LINE OF SAID
SECTION 24.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
13. AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN
FAVOR OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1,
RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430334 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 553 OF LA COSTA
MEADOWS, UNIT NO. 3, MAP NO. 7076 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF
SAID LOT 553, SOUTH 00°52 1 06" WEST, 79.62 FEET TO A POINT IN A
858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO
SAID POINT BEARS SOUTH 15°47 1 52" WEST, SAID POINT BEING ALSO THE
TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 01-02 1 08 11 , A DISTANCE OF 15.51
FEET; THENCE TANGENT TO SAID CURVE, NORTH 73 0 10 1 00" WEST, 120.00
FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 42°55'00", A DISTANCE OF 642.67
FEET; THENCE TANGENT TO SAID CURVE, NORTH 30 0 15 1 00" WEST, 672.77
FEET; THENCE NORTH 59 0 4500" EAST, 78.76 FEET; THENCE NORTH
38 0 30'00" WEST, 354.47 FEET; THENCE SOUTH 59 0 45 1 00" WEST, 112.00
FEET; THENCE 30 0 15 1 00" EAST, 1,022.27 FEET TO THE BEGINNING OF A
TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 13 0 23 1 00 11 0, A DISTANCE OF 220.03 FEET TO A POINT IN THE
BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY
DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL
RECORDS, IN SAID RECORDER'S OFFICE AS SAID POINT BEING NORTH
46°20'00" EAST, 40.83 FEET FROM THE BEGINNING OF THAT CERTAIN
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ORDER NO. 1043792-6
COURSE NORTH 46 0 20'00" EAST, 82.83 FEET IN SAID DEED; THENCE
ALONG SAID BOUNDARY NORTH 46 0 20 1 00" EAST, 42.00 FEET TO THE
BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 46°22'00" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29 0 32 1 00 11 , A DISTANCE OF 463.91 FEET; THENCE
SOUTH 73 0 10 1 00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT
900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14450,
A DISTANCE OF 27.45 FEET TO THE BOUNDARY OF SAID MAP NO. 7076;
THENCE ALONG SAID BOUNDARY, NORTH 00°52 1 06" EAST, 43.38 FEET TO
THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
14. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE,
REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCLOSED
OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN
FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1, RECORDED
DECEMBER 22, 1976 AS FILE NO. 76-430335 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF LOT 553 OF LA COSTA MEADOWS
UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE
WESTERLY LINE OF SAID LOT 553, SOUTH 00°5206" WEST, 79.62 FEET
TO A POINT IN AN 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A
RADIAL TO SAID POINT BEARS SOUTH 15 0 47 1 52" WEST; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 0 02 1 08"
A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE NORTH
73°10'00" WEST, 61.65 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "A"; THENCE NORTH 09 0 42 1 30" EAST, 50.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE RETRACING SOUTH 09 0 42 1 30" WEST, 92.33
FEET TO THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO
PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO.
76-287140 OF OFFICIAL RECORDS OF SAID RECORDER'S OFFICE. SAID
STRIP TO TERMINATE SOUTHERLY IN SAID BOUNDARY.
PAGE 9
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ORDER NO. 1043792-6
mAzimaluty
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED POINT "A"; THENCE NORTH 73 0 10 1 00"
WEST, 58.35 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 0 55'00 11 , A DISTANCE
OF 642.67 FEET; THENCE TANGENT TO SAID CURVE NORTH 30 0 15 1 00"
WEST, 29.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE NORTH 52 0 32'25" EAST, 20.16 FEET TO THE TRUE POINT OF
BEGINNING THENCE RETRACING SOUTH 52 0 32 1 25" WEST, 20.16 FEET;
THENCE SOUTH 59 0 45 1 00" WEST, 88.04 FEET TO THE BEGINNING OF A
TANGENT 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
53 0 30 1 00", A DISTANCE OF 168.08 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 06 0 15'00" WEST, 83.45 FEET TO SAID CARRILLO RANCHO
PARTNERSHIP BOUNDARY.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED
SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS NORTH 30 0 15 1 00"
WEST THROUGH THE TRUE POINT OF BEGINNING, AND SOUTHERLY IN SAID
CARRILLO RANCHO PARTNERSHIP BOUNDARY.
PARCEL C:
COMMENCING AT AFOREDESCRIBED POINT "B", THENCE NORTH 30 0 15 1 00"
WEST, 643.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
30 0 15'00" EAST, 77.55 FEET; THENCE NORTH 59 0 45 1 00" EAST, 20.00
FEET; THENCE 30 0 15'00" EAST, 594.72 FEET TO THE BEGINNING OF A
TANGENT 838.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 15 0 35 1 35 11 , A DISTANCE OF 228.06 FEET; THENCE ALONG A
NON-TANGENT LINE SOUTH 72 0 00 1 00" EAST, 320.78 FEET; THENCE NORTH
18°00 1 00" EAST, 53.85 FEET; THENCE NORTH 72 0 00 1 00" WEST, 294.33
FEET TO THE BEGINNING OF A NON-TANGENT 778.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH
44 0 09 1 25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 15 0 35 1 35 11 , A DISTANCE OF 211.73 FEET;
THENCE TANGENT TO SAID CURVE NORTH 30 0 15 1 00" WEST, 549.72 FEET;
THENCE NORTH 59 0 45 1 00" EAST, 10.00 FEET; THENCE NORTH 38 0 30 1 00"
WEST, 78.36 FEET; THENCE SOUTH 59 0 45 1 00" WEST, 78.76 FEET TO THE
TRUE POINT OF BEGINNING.
PAGE 10
ORDER NO. 1043792-6
PARCEL D:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED POINT "B"; THENCE SOUTH 59 0 45'00"
WEST, 84.00 FEET; THENCE NORTH 30 0 15 1 00" WEST, 588.72 FEET; TO A
POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH
43°50 1 00" WEST, 417.74 FEET TO SAID CARRILLO RANCHO PARTNERSHIP
BOUNDARY AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH
43°50'00" EAST, 426.06 FEET; THENCE NORTH 59 0 45'00" EAST, 76.00
FEET TO THE SOUTHERLY LINE OF AFOREDESCRIBED PARCEL C.
SAID STRIP SHALL TERMINATE NORTHEASTERLY IN SAID SOUTHERLY LINE
OF PARCEL C AND TERMINATE SOUTHWESTERLY IN SAID CARRILLO RANCHO
PARTNERSHIP BOUNDARY.
PARCEL E:
A STRIP OF LAND 12.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP
BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30 0 15 1 00"
WEST, 387.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
86 -15 1 00 11 EAST, 140.66 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED
SO AS TO TERMINATE SOUTHWESTERLY IN A LINE THAT BEARS NORTH
30 0 15 1 00" WEST THROUGH THE TRUE POINT OF BEGINNING.
PARCEL F:
COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30 0 15 1 00"
WEST, 404.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 30°15'00" WEST, 35.00 FEET; THENCE SOUTH
59°45 1 00" WEST, 40.00 FEET; THENCE SOUTH 30 0 15 1 00" EAST, 80.00
FEET; THENCE NORTH 59 0 45 1 00" EAST, 40.00 FEET; THENCE NORTH
30 0 15 1 00" WEST, 45.00 FEET TO THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
15. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT
OF WAY PURPOSES, DATED DECEMBER 30, 1976 IN FAVOR OF THE CITY OF
CARLSBAD UPON THE TERMS AND CONDITIONS CONTAINED THEREIN,
RECORDED JANUARY 31, 1977 AS FILE NO. 77-036527 OF OFFICIAL
RECORDS.
PAGE 11
. .
ORDER NO. 1043792-6
THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 553 OF SAID MAP NO.
7076; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 24, SOUTH
00 0 52'06" WEST, 79.62 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE OF EL FUERTE STREET AS DEDICATED ON SAID MAP NO. 7076,
SAID POINT ALSO BEING ON THE ARC OF A 858 FOOT RADIUS CURVE,
CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
15 0 47 1 52" WEST, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 15.51
FEET THROUGH A CENTRAL OF 01003108u1; THENCE TANGENT TO SAID CURVE
NORTH 73 0 1000" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT
858 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG
SAID CURVE A DISTANCE OF 642.67 FEET THROUGH A CENTRAL ANGLE OF
42 0 55 1 00tt; THENCE TANGENT TO SAID CURVE, NORTH 30 0 15 1 00" WEST, A
DISTANCE OF 1281.47 FEET TO A POINT ON THE BOUNDARY OF RANCHO
AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 FILED IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89 0 26 1 46" WEST ALONG
SAID BOUNDARY A DISTANCE OF 97.55 FEET TO A POINT ON THE ARC OF A
NON-TANGENT 942.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 60 0 57 1 41" WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 01°12'41" A DISTANCE OF 19.92 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 30°15 1 00" EAST A DISTANCE OF 1311.51 FEET TO THE
BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 220.03
FEET THROUGH A CENTRAL ANGLE OF 13 0 23'00" TO A POINT, A RADIAL
LINE TO SAID POINT BEARS SOUTH 46 0 22 1 00" WEST; THENCE ALONG SAID
RADIAL LINE NORTH 46°22 1 00" EAST, 42.00 FEET TO A POINT ON THE
ARC OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY,
SAID CURVE BEING CONCENTRIC WITH THE LAST MENTIONED 942.00 FOOT
RADIUS CURVE; THENCE EASTERLY ALONG SAID 900.00 FOOT RADIUS CURVE
A DISTANCE OF 463.91 FEET THROUGH A CENTRAL ANGLE OF 29 0 32 1 00";
THENCE TANGENT TO SAID CURVE SOUTH 73 0 10 1 00" EAST, 120.00 FEET TO
THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 27.45
FEET THROUGH A CENTRAL ANGLE OF 01 0 44 1 50" TO A POINT ON THE
WESTERLY LINE OF SAID LOT 553, A RADIAL LINE TO SAID POINT BEARS
SOUTH 15 0 05 1 10" WEST; THENCE LEAVING SAID CURVE NORTH 00 0 52 1 06"
EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
PAGE 12
A M E
All
ORDER NO. 1043792-6
16. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
THE CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO.
77-068082 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING
WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH
HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH
89 0 39 1 01" WEST; THENCE NORTH 86 0 11 1 20" WEST 329.50 FEET; THENCE
SOUTH 15 0 16 1 35" WEST 1410.75 FEET; THENCE SOUTH 24 0 54 1 09" WEST
59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE
LAST MENTIONED COURSE NORTH 24 0 54 1 09" EAST 59.00 FEET; THENCE
NORTH 21°31'51" WEST 238.97 FEET; THENCE NORTH 18 0 07 1 34" EAST
1486.58 FEET; THENCE NORTH 15 0 06 1 41" WEST 541.75 FEET; THENCE
NORTH 14 0 36 1 45" EAST 733.41 FEET; THENCE NORTH 08 0 16 1 44" WEST
369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF
WAY LINE OF PALOMAR AIRPORT ROAD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. A CERTIFICATE OF COMPLIANCE AFFECTING PARCEL 1 HEREIN DESCRIBED
HAS BEEN RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL
RECORDS.
18. AN AGREEMENT REGARDING LICENSE TO ALLOW GRADING, DATED
NOVEMBER 7, 1980, UPON THE TEEMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE DAON CORPORATION, A DELAWARE
CORPORATION AND THE ANDEN GROUP, A
GENERAL PARTNERSHIP.
RECORDED: NOVEMBER 26, 1980 AS FILE NO. 80-400932 OF OFFICIAL
RECORDS.
19. AN EASEMENT FOR POLES, WIRES, CABLES, UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, PIPELINES, COMMUNICATION FACILITIES, OVERHEAD AND/OR
UNDERGROUND APPURTENANCES AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY, A CORPORATION, RECORDED AUGUST 13, 1981 AS FILE NO.
81-258011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PAGE 13
ORDER NO. 1043792-6
SAID EASEMENT SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET
MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO.
10179, FILED JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
SAN DIEGO, SAID CORNER BEARS NORTH 89°46 1 50" WEST, 1248.83 FEET
FROM AN ANGLE POINT IN THE NORTHERLY BOUNDARY THEREOF; THENCE
LEAVING SAID NORTHWEST CORNER SOUTH 11 0 19 1 38" WEST 4.09 FEET;
THENCE SOUTH 89046150tt EAST 164.58 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID
TRUE POINT OF BEGINNING NORTH 63 0 26'37" EAST 17.61 FEET.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON
THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER
LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
20. AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, DATED AUGUST 13,
1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN: DAON CORPORATION, A DELAWARE
CORPORATION AND THE CITY OF
CARLSBAD.
RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305685 OF OFFICIAL
RECORDS.
21. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF
OFFICIAL RECORDS.
22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 9112 AND 9461,
WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS
AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
23. AN AGREEMENT REGARDING THE RIGHT OF ENTRY TO INSTALL THEREIN
EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE
ENCINA FACILITIES, DATED FEBRUARY 8, 1984, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: SAN MARCOS COUNTY WATER DISTRICT
AND CARRILLO RANCHO PARTNERSHIP, A
GENERAL PARTNERSHIP.
RECORDED: FEBRUARY 14, 1984 AS FILE NO. 84-055590 OF OFFICIAL
RECORDS.
PAGE 14
ORDER NO. 1043792-6
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
24. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL
PURPOSES, 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 SAN MARCOS COUNTY WATER DISTRICT, RECORDED
FEBRUARY 13, 1987 AS FILE NO. 86-058612 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE 15
a
ORDER NO. 1043792-6
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18 AS SHOWN ON RECORD OF SURVEY
MAP NO. 9112, RECORDED AUGUST 5, 1982 AS FILE NO. 82-241289 OF
OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
THENCE NORTH 0 0 38'45" EAST (RECORD - NORTH 0039F50 EAST) ALONG
THE EAST LINE OF THE WEST ONE HALF OF SAID SOUTHEAST QUARTER OF
SECTION 18, A DISTANCE OF 1,147.55 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 90 0 00 1 00" WEST, A
DISTANCE OF 292.90 FEET; THENCE SOUTH 1404115011 WEST 126.13 FEET;
THENCE SOUTH 62 0 01 1 14" WEST A DISTANCE OF 362.35 FEET; THENCE
SOUTH 75 0 24 1 53" WEST A DISTANCE OF 202.53 FEET; THENCE SOUTH
54 0 27 1 44" WEST A DISTANCE OF 77.42 FEET; THENCE SOUTH 33 0 03 1 43"
WEST A DISTANCE OF 126.48 FEET; THENCE SOUTH 45 0 16 1 41" WEST A
DISTANCE OF 173.52 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 0 13'06" A
DISTANCE OF 232.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH
67 0 29'47" WEST A DISTANCE OF 33.72 FEET; THENCE SOUTH 07 0 50 1 47"
WEST A DISTANCE OF 160.29 FEET TO THE BEGINNING OF A TANGENT
600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 23 0 3624" A DISTANCE OF 247.21 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 31027 11111 WEST A DISTANCE OF 65.58 FEET TO THE
BEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12 0 22 1 08" A DISTANCE OF 539.69 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 43 0 49'19" WEST A DISTANCE OF
90.04 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 41 0 28 1 30" A DISTANCE OF 361.94
FEET; THENCE TANGENT TO SAID CURVE SOUTH 02 0 20 1 49" WEST A
DISTANCE OF 357.49 FEET TO A POINT IN THE NORTHERLY LINE OF AN
EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY
WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968
AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED
SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID
EASEMENT TO THE SAN MARCOS COUNTY WATER DISTRICT AND SO AS TO
TERMINATE EASTERLY IN THE AFOREMENTIONED EAST LINE OF THE WEST
ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 18.
PARCEL 2:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SOUTHERLY LINE OF SAID
STRIP BEING THE NORTHERLY LINE OF THAT PORTION OF AN EASEMENT,
20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER
DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS
FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO,
PAGE 16
ORDER NO. 1043792-6
STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.00 FOOT EASEMENT
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTION 19,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, AND
SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF, DISTANT THEREON NORTH
0 0 03 1 05" WEST 551.11 FEET FROM THE QUARTER CORNER TO SAID
SECTIONS 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
25. AN EASEMENT FOR TEMPORARY WORKING STRIP OF LAND, TO USE AND
OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF
CONSTRUCTING A PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN
MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1986 AS FILE
NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
ONE STRIP OF LAND 15.00 FEET OF EVEN WIDTH, SAID 15.00 FOOT STRIP
OF LAND LYING NORTHERLY OF EASEMENT OF RIGHT OF WAY AS DESCRIBED
IN PARCEL 2 ABOVE AND TWO STRIPS OF LAND 10.00 FEET OF EVEN
WIDTH, SAID 10.00 STRIPS OF LAND LYING ON EACH SIDE OF THE
EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 1 ABOVE; THENCE
SOUTH 72032147 WEST 144.96 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG
SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 09°21'll" TO A POINT ON
THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AS SAID RANCHO LINE IS
SHOWN ON UNITED STATES GOVERNMENT SURVEY OF TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, APPROVED SEPTEMBER 17,
1915, DISTANT NORTH 02038110t1 WEST 690.82 FEET FROM CORNER NO. 5
OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE
RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72 0 32 1 47" EAST
425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00
FEET THROUGH AN ANGLE OF 15 0 48 1 48"; THENCE TANGENT TO SAID CURVE
NORTH 56 0 43 1 59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT
200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG
SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 33 0 17 1 41"; THENCE
TANGENT TO SAID CURVE SOUTH 84 0 48'20" EAST 381.08 FEET TO THE
BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET
THROUGH AN ANGLE OF 67 0 51 1 51"; THENCE TANGENT TO SAID CURVE NORTH
27019'49tt EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 38 0 24'31";
THENCE TANGENT TO SAID CURVE NORTH 55 0 44'20" EAST 53.12 FEET TO
THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET
THROUGH AN ANGLE OF 140231001t; THENCE TANGENT TO SAID CURVE NORTH
PAGE 17
A\1L 1
ORDER NO. 1043792-6
41 0 21 1 20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19'42 11 ;
THENCE TANGENT TO SAID CURVE NORTH 77 0 41 1 02" EAST 606.59 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN
ANGLE OF 09 0 54 1 13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35'15"
EAST 9.93 FEET TO A POINT IN THE WESTERLY LINE OF PARCEL 1 ABOVE
DESCRIBED.
THE SIDELINES OF SAID STRIP SHALL BE FORESHORTENED OR LENGTHENED
SO AS TO TERMINATE WESTERLY IN THE WESTERLY LINE OF SAID SECTION
19 AND TERMINATE EASTERLY IN THE WESTERLY LINE OF PARCEL 1 ABOVE
DESCRIBED.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF NOT LYING WITHIN THE
LANDS FIRST ABOVE DESCRIBED.
IT IS HEREBY UNDERSTOOD AND AGREED UPON BY THE GRANTOR AND
GRANTEE HEREIN, THAT THE RIGHT AND PRIVILEGE SET FORTH FOR THE
USE OF THE ABOVE DESCRIBED TEMPORARY WORKING STRIP SHALL BE IN
FULL FORCE AND EFFECT FROM THE DATE OF EXECUTION OF THIS
INSTRUMENT, AND SHALL CONTINUE IN FULL DURING THE CONSTRUCTION OF
SAID PIPELINE AND THAT UPON COMPLETION, FINAL INSPECTION, AND
RECORDATION OF NOTICE OF COMPLETION OF SAID PIPELINE, THE
EASEMENT FOR THE TEMPORARY WORKING STRIP HEREBY GRANTED AND
DESCRIBED ABOVE, SHALL CEASE AND TERMINATE, AND BECOME OF NO
FURTHER FORCE OR EFFECT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
26. AN AGREEMENT REGARDING THE PURCHASE OF REAL PROPERTY, DATED
AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: REALTY DEALERS, LTD., AN ILLINOIS
LIMITED PARTNERSHIP AND RANCHO
CARRILLO ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP.
RECORDED: SEPTEMBER 4, 1987 AS FILE NO. 87-505325 OF OFFICIAL
RECORDS.
27. AN AGREEMENT REGARDING RIGHT OF FIRST OFFER, DATED JULY 20, 1987,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: KHOURY ENTERPRISES, A CALIFORNIA
LIMITED PARTNERSHIP AND RANCHO
CARRILLO ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP.
RECORDED: SEPTEMBER 4, 1987 AS FILE NO. 87-505740 OF OFFICIAL
RECORDS.
PAGE 18
fl
ORDER NO. 1043792-6
28. THE FACT THAT SAID LAND LIES WITHIN THE SAN MARCOS FIRE
PROTECTION DISTRICT REORGANIZATION AS DISCLOSED BY SAN DIEGO
COUNTY LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF
COMPLETION RECORDED OCTOBER 1, 1987 AS FILE NO. 87-555493 OF
OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
29. THE FACT THAT SAID LAND LIES WITHIN THE CITY OF SAN MARCOS
REDEVELOPMENT PROJECT AREA, AS DISCLOSED BY INSTRUMENT RECORDED
JULY 13, 1989 AS FILE NO. 89-369831 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
30. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
JULY 12, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: PACIFIC SCENE INC., A CORPORATION
AND CONTINENTAL HOMES INC., A
CORPORATION AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION
RECORDED: AUGUST 5, 1991 AS FILE NO. 91-0390280 OF OFFICIAL
RECORDS.
31. AN EASEMENT FOR STREET, PUBLIC UTILITY, SLOPE AND TEMPORARY CONST-
RUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD,
RECORDED JUNE 2, 1992 AS FILE NO. 1992-0339771 OF OFFICIAL RECORDS,
LOCATED WITHIN PORTIONS OF THE HEREIN DESCRIBED PROPERTY AS MORE
PARTICULARLY DESCRIBED ON "EXHIBIT A" ATTACHED TO SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 19
-
1
[1
ORDER NO. 1043792-6
1991-1992 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09029
222-010-02
$31,597.83 PAID
$31,597.83 PAID
$6,058,800.00
AFFECTS PARCELS 1 AND 2.
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 1.
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 1.
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 1.
09025
222-011-06
$20,636.76 PAID
$20,636.76 PAID
$3,794,400.00
$-0-
09029
222-012-01
$14,416.97 PAID
$14,416.97 PAID
$2,738,700.00
$-0 - s-c--
09029
222-012-02
$10,581.51 PAID
$10,581.51 PAID
$2,019,600.00
$-0-
PAGE 20
\ \11
ORDER NO. 1043792-6
1991-1992 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 1.
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 1.
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 3.
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS PARCEL 3.
09025
221-012-08
$3,493.90 PAID
$3,493.90 PAID
$652,800.00
$-0 -
$-0 -
09029
221-010-18
$18,068.91 PAID
$18,068.91 PAID
$3,488,400.00
09027
215-031-04
$13,431.76 PAID
$13,431.76 PAID
$2,499,000.00
09037
215-030-09
$1,505.31 PAID
$1,505.31 PAID
$290,700.00
$-0 -
PAGE 21
ORDER NO. 1043792-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF SECTION 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 9416 11 1
ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3,
ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 0 0 52'06" EAST ALONG THE
WEST LINE OF SAID SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE
NORTH 0 0 03 1 46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC
OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 8 0 39 1 55" EAST; THENCE LEAVING SAID
WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16 0 29 1 25" A DISTANCE OF 575.62 FEET;
THENCE NORTH 64 0 50'40" EAST 1165.58 FEET TO THE BEGINNING OF A
TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 0 00 1 00 11 A
DISTANCE OF 733.04 FEET; THENCE NORTH 85 0 50 1 40" EAST 92.05 FEET;
THENCE NORTH 4 0 09 1 20" WEST 688.38 FEET; THENCE NORTH 85 0 50 1 40" EAST A
DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 19; THENCE NORTH 0 0 20 1 46" EAST ALONG SAID EAST LINE A
DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 18; THENCE NORTH 0 0 42 1 37" WEST ALONG THE EAST
LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 FEET; THENCE
LEAVING SAID EAST LIEN NORTH 16 0 13 1 00" WEST A DISTANCE OF 1640.18
FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD;
THENCE NORTH 68 0 33 1 29" EAST ALONG SAID CENTERLINE A DISTANCE OF
802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5 0 39'05" A DISTANCE OF 591.81 FEET; THENCE
NORTH 74 0 12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A
TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 0 52'58" A
DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 0 39 1 40" WEST
ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST
CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19;
THENCE SOUTH 0 0 08 1 36" WEST ALONG THE EAST LINE OF SAID WEST HALF OF
THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON
PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE WESTERLY
PAGE 22
. I
ORDER NO. 1043792-6
HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89 0 45 1 16"
WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER
A DISTANCE OF 1308.48 FEET TO THE NORTH-SOUTH CENTERLINE OF SECTION
19; THENCE SOUTH 0 0 20 1 46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A
DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH
89 0 46 1 50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA
MEADOWS UNIT NO. 3, MAP NO. 7076 1 A DISTANCE OF 3097.45 FEET TO THE
POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE
CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO.
77-068081 OF OFFICIAL RECORDS.
PARCEL 2:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATE GOVERNMENT SURVEY THEREOF.
PARCEL 3:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND
NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
SECTION 24; THENCE NORTH 89 0 37 1 47" WEST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER
OF SAID SOUTHEAST QUARTER; THENCE NORTH 0 0 42 1 05" EAST ALONG THE WEST
LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID
WEST LINE SOUTH 89 0 17 1 44" EAST A DISTANCE OF 480.00 FEET TO THE
BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5717 1 44" A DISTANCE OF 750.00 FEET;
THENCE SOUTH 32 0 00'00" EAST A DISTANCE OF 425.00 FEET TO THE
BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 19 0 20'00" A DISTANCE OF 236.20 FEET;
THENCE SOUTH 51 0 20 1 00" EAST A DISTANCE OF 440.25 FEET TO THE
BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 82 0 18 1 00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46 0 20 1 00" EAST A
DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29 0 32'00" A DISTANCE OF
463.91 FEET; THENCE SOUTH 73 0 10'00" EAST A DISTANCE OF 120.00 FEET TO
THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE
PAGE 23
ORDER NO. 1043792-6
NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT
CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA
COSTA MEADOWS UNIT NO.. 3; THENCE EASTERLY ALONG THE ARC OF SAID
900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 0 44 1 50" A
DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO.
7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED
SOUTHEAST QUARTER OF SECTION 24.
PAGE 24
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City of Carlsbad
Planning Department
Document Recordation Transmittal
DATE: May 16, 1997
TO: CITY CLERK
FROM: Teresa Woods
VIA: ASSISTANT PLANNING DIRECTOR__________
REQUEST TO PROCESS DOCUMENTS FOR RECORDATION
PROJECT ID NO(s). Cl 4-ô4
PROJECT NAME Carrillo Ranch
INSTRUCTIONS:
Please obtain City Attorney signature on the attached agreement(s) and process for
recordation. Recording fees are to be charged to the City in accordance with the standard
letter agreement with the Recorder's Office. Please return a copy of the recorded
document(s) to this office for our records.
SPECIAL INSTRUCTIONS:
ATTACHMENTS:
NOTICE OF RESTRICTION
OTHER: Deed Restrictions
cc: File
MAY-15-97 1221 FROM:CONTINENTAL HOMES ID:8197832575 PAGE 2/2
. .
CERTIFICATE OP CORPORATE RESOLUTION Q
cONTINENThL RANCH, INC.
I, Julie E. Collins, Secretary of CONTINENTAL RANCH, INC., a
Delaware corporation ("Corporation"), do hereby certify that I am a
duly elected, qualified and acting officer of the Corporation and,
as such, I am familiar with the books, minutes and records of the
Corporation; that no provision of the Articles of Incorporation or
Bylaws of the Corporation requires that any action or signature of
the Corporation be attested by a corporate officer; that there is
no provision in the Articles of Incorporation or 13ylaws of the
Corporation limiting the power of the Board of Directors to adopt
the hereinafter stated resolutions; that the following is a true
and accurate copy of resolutions duly adopted by the Board of
Directors of the Corporation, on October 14, 1996 either at a duly
held meeting of the Board of Directors or by unanimous written
consent of all members of the Board of Directors of the
corporation; and that said resolutions have not been modified,
rescinded or revoked and are now in full force and effect:
RESOLVED, that one signature from the President or any of the
Vice Presidents of the Corporation listed below is required for any
and all documents related to planning, engineering, mapping,
development or construction associated with property owned by
Continental Ranch, Inc.; including but not limited to maps,
easements, agreements, permits, dedications, etc.; and
RESOLVED, the following persons are the duly elected President
and Vice Presidents of the Corporation:
Chris Chambers President
Donald R. Loback Vice President
W. Thomas Jlickcox Vice President
Donald W. MacKay Vice President
David Lother Vice President
RESOLVED FtRTHER, that one signature from the President or any
of the above-designated Vice Presidents is sufficient by itself to
bind the corporation in furtherance of these Resolutions.
WITNESS my hand on this 14th day of October, 1996.
CONTINAL RANCH, INC.,
a Delaware corporation
BYQ4U .
ie E. Collins
Secretary
I I SC # 1997-0253198
30—MAY-1997 02:52 PM
OFFICIAL RECORDS 606 SAN DiEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH COUNTY RECORDER
FEES 0.00
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
PARCEL NO. 215-030-09/215-031-04/222-012-01/
222-012-02/222-011-06/222-010-02 (Portion of)
DEED RESTRICTIONS
Continental Ranch, Inc. ("OWNER" hereinafter) is the owner of real
property described in Exhibit "A" which is attached hereto and made a part hereof and
which is commonly known as Lots 4, 5, 10 and 102 of Village Q, Phase I,
("PROPERTY" hereinafter). In consideration of the approval of Resolution 95-64,
Tentative Map for Villages L, M, N, Q, R and T, Case No. 93-04, by the City of Carlsbad
("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the City,
to do the following: Limit the number of stories of the homes within Lots 4, 5, 10 and
102 to one.
This covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrances, successors, heirs, personal
representatives, transferees and assigns of the respective parties. OWNER agrees to
incorporate this deed restriction by reference in any future deeds to the property.
Howver, a failure to do so does not invalidate this restriction or affect the rights and
,,d'uties of any party, person or entity as stated herein.
/ JOINT PARKJNG.FRM Rev. 11116195
S .
If either party is required to incur costs to enforce the provisions of this
covenant, the prevailing party shall be entitled to full reimbursement of all costs,
including reasonable attorneys' fees, from the other party. The CITY may assign to
persons impacted by the performance of this covenant the right to enforce this
covenant against OWNER.
Executed by Developer this /3 day of 1 9Z.
DEVELOPER:
Continental Ranch Inc.
Name of Developer
By:
(Sign here)
(Print name here)
(Title and organization of signatory)
By:
(Sign here)
(r
(Print name here)
py-e5 .
(Title and organization of signatory)
CITY OF CARLSBAD, a municipal
California
MARTIN ORENYAK
For City Manager
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: Ikl
De fyCityAttorney
(Proper notarial acknowledgment of execution by DEVELOPER must be attached)
(President or Vice-President AND Secretary or Assistant Secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the Secretary or Assistant Secretary under corporate seal empowering that officer to
bind the corporation.)
JOINT PARKING.FRM Rev. 11/16/95
S I
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On f(2//3 /9 '7 be
Notary Public, personally appeared
known to me - o -4pred-to- ee th-baisefsasfaetey-e'4den to be the person(())whose
name(sj' )W6 subscribed to the within instrument and acknowledged tome that e+ene
executed the same in(s/hr/j authorized capacity) and that by h/'~/hyor/ eir signature &s
on the instrument the persoi)or the entity upon behalf of which the perso])acted, executed
the instrunient.
WITNESS my hand and official seal.
1/(d.
(S'ignature of'Notary) "
JOINT PARKING.FRM Rev. 11/16/95
S I
State of California )
)
County of San Diego )
On May 20, 1997 before me, Ronna S. Stickrod, Notary Public , personally
appeared Martin Orenyak , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal RONNAS. $IKISOD 4F11 Commn0-111-5 0-1
COMOMIM
SM DOW COW*
My Comm. Expltes Nov & 2000
his area for official notary seal)
Signature of/Nota'r'y
Title or Type of Document Deed Restrictions/Continental Ranch, Inc.
Date of Document May 13, 1997 No. of Pages
Signer(s) other than named above David A. Lother & Chris Chambers
RECORDING REQUESTED BOND'
) WHEN RECORDED MAIL TO: I
City Clerk ) Crr' OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1989 )
Space above this line for Recorder's use
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 24 day of March , 1 ,
by and between L&W Investments
(name of developer-owner)
a California corporation , hereinafter referred to as "Developer" whose address
(corporation, partnership, etc.)
is 12636 High Bluff Drive, Suite 300, San Diego, CA 92130
(street) (city, state, zip code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-
1989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached
hereto and made a part of this agreement, hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposed a development project as follows: A tentative
- subdivision map and Planned Development for 342 lots
on said Property, which development carries the proposed name of Carrillo Ranch
Village L, M, N, 0, Q, R, T
Form Approved
By City Council July 2, 1991
Reso # 91-194/KJH
1
. S
and is hereafter referred to as 'Development"; and
WHEREAS, Developer filed on the 24 day of March , 1993 ,
with the city a request for Tentative Map and Planned Development Permit
hereinafter referred to as
"Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's
public facilities and services are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and services will be
available to meet the future needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to make any such finding without
financial assistance to pay for such services and facilities; and therefore, Developer proposes to
help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public
facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 1.82% of the building permit valuation of the building or structures to be constructed in
the Development pursuant to the Request. The fee shall be paid prior to the issuance of building
or other construction permits for the development and shall be based on the valuation at that
time. This fee shall be in addition to any fees, dedications or improvements required pursuant
Form Approved
By City Council July 2, 1991
Reso # 91-194/KJH 2
I. .
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion
of existing building or structures into condominiums in an amount not to exceed 1.82% of the
building permit valuation at the time of conversion. The fee for a condominium conversion shall
be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47
of the Carlsbad Municipal Code. Condominium shall include community apartment or stock
cooperative. The terms "other construction permits ", "other construction permit" and "entitlement
for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not
refer to grading permits or other permits for the construction of underground or Street
improvements unless no other permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay the City a public facilities fee in the sum of $598
for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid
prior to the issuance of building or other construction permits for the development. This fee shall
be in addition to any fees, dedications or improvements required according to Titles 18, 20 or
21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of all
or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to
donate a site or sites for public facilities, the City shall consider, but is not obligated to accept
the offer: The time for donation and amount of credit against the fee shall be determined by City
- prior to the issuance of any building or other permits. Such determination, when made, shall
become a part of this agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City's General Plan. if the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any approval or permit for the
Form Approved
By City Council July 2.1991
: Reso#91-194/KJH 3
. .
Development shall be void. No building or other construction permit or entitlement for use shall
be issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein described.
6. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
7. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
7.1 If notice is given to the City of personal delivery thereof to the City or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage
prepaid and certifled -
7.2 If notice is given to Developer by personal delivery thereof to Developer or
by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shall
apply to, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
Form Approved
By cfty Council July 2, 1991
Reeo # 91.1 94/KJH - 4
. .
successors and assigns without specific mention of such successors and assigns. if Developer
should cease, to have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor to Developer's interest in the property shall
have first assumed in writing the Developer's obligations hereunder.
- 9 This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
Form Approved
By City Council July Z 1991
Res#9l.l94/KJH .. 5
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
By
(signature)
Chris Chambers
(print name)
By
MARTIN ORENYAK
for City Manager
(title)
By
(signature)
(print name) -
(title)
ATTEST:
ALETHA L RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R BALL, City Attorney
By
Deputy City Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
By City Council July 2, 1991
Reso # 91-1 94/KJH
I
rx:4r•r'i' !'IU!!l
State of
County of
On before me.________________________________
DArE 14*ME. TfltE Of Off'CE E C DOE. NOrAffy PUSX
personally appeared
NAE( 5) Of 5IGP4EMS)
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies). and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
CAPACIIf CLAIMED BY SIGNER
I
O INOMOUAL(S)
CORPORATE
OFFICER(S)
TIfl85)
PARTNER(S)
O ATTORNEY-IN-FACT
O TRUSTEE(S)
E3 suescffieIPG WITNESS -
O GUARDAt'4,CCNSERVATOR
OTHER:
SiGNER IS REPRESENTING:
WAIIIE Of Of ENflrY(*51
Of NOTARY
ATTENTION NOTARY: Mhoin I. w,o,'mr rsjsd WIR is OPTiONAL .1 i4d t 4IJ1 M.1owdLVwc=dxwnwx.
THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DstofDocurnem_________
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
.
.
J-12004D
LEGAL DESCRIPTION
A portion of Section 18 and 19, Township 12 South, Range 3 West,
San Bernardino Base and Meridian, according to the Official Plat
thereof, in the City of Carlsbad, County of San Diego, State of
California.
Co
3-23-93 NO. 505 9 L.S. 5059
\\J1\ EXP.12-31--94 ( /
\OFCi
. .
Continental Homes
/ 636 High Bluff Drive, Suite 300
November 18, 1996 . Sari Diego, California 92130
ft. -'
(619)793-2580
Tern Woods \- - CO Fax (619) 793-2575
Planning Department
City of of Carlsbad -
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Subject: Recreational Vehicle Storage Facility Agreement (Rancho Carrillo)
Dear Tern;
The above subject agreement is herein transmitted for your review. Please let me know as
soon as possible if you or the City Attorney have any comments.
Very truly yours,
Continental Ranch, Inc.
David Lother
Vice President, Development
cc Charles Gill
Craig Kahlen
Mike Howes
c:\rnsoffice\winword\dave\letters\woods2.doc
NOV-17-96 SUN 10:54 AM HSR&G FX NO, 619 232 6828 P.02/06
. .
Recording Requested By
and
When Recorded Return To:
City of Carlsbad
Office of City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
Space Above For Recorder's Use
RECREATIONAL VEHICLE STORAGE FACILITY AGREEMENT
(RANCHO CARRILLO)
This Recreational Vehicle Storage Facility Agreement ("Agreement") is made as of
1996 by and between Continental Ranch, Inc., a Delaware corporation
("Developer") and the City of Carlsbad, a California municipal corporation ("City"), with reference
to the following:
RECITALS
A. Developer is the owner and developer of approximately 690 acres of real property
located south of Palomar Airport Road and adjacent to the City of San Marcos. Developer has
received from City various approvals to develop the property as a master planned community
commonly referred to as 'Rancho Carrillo."
B. Among the various approvals for the development of Rancho Carrillo, is a Master
Plan; a Local Facilities Financing Plan; Planned Unit Development Permits PUT) No, 93-07,
PUT) 95-04 and PUT) 95-05; and Tentative Subdivision Maps CT 93-01, CT 93-04, CT 93-08
and CT 95-06 (collectively, "Tentative Maps") for the real property. Conditions 33 (CT 93-01),
26 (CT 93-04), 29 (CT 93-08) and 33 (CT 95-06) require Developer to construct a Recreational
Vehicle Storage Facility ("RV Storage") to serve the lots which will be developed. Developer's
obligation to construct the RV Storage shall be described in an agreement prior to the first final
map being recorded. The parties intend that this Agreement shall satisfy Conditions 33, 26, 29
and 33.
C. Developer and City recognize that the first final map and lots which will be
developed will not be in a location to permit the construction of the permanent RV Storage to
be located on lot 104 of Village Q as described in the Rancho Carrillo Master Plan. Accordingly,
the parties intend that this Agreement shall provide for the construction of an interim RV Storage
until the construction of the permanent RV Storage.
D. The parties recognize that the construction of the permanent RV Storage, as
described in the Master Plan, will satisfy all of the recreational vehicle storage requirements for
the entire Rancho Carrillo project. In that regard, the parties intend for this Agreement to satisfy
all of the interim recreational vehicle storage requirements for the approved Tentative Maps and
any future final maps which are approved within Rancho Carrillo until the permanent RV Storage
is constructed. The total area of such interim RV Storage facility shall be consistent with the
standard of the City's Planned Development Ordinance.
cg2n.rr%oagt
11/171% -1-
NOV-17-96 SUN 10:54 AM HSR&G FAX NO. 819 232 6828 P.03/08
S S
NOW THEREFORE, in consideration of the mutually promises described herein, th e parties agree as follows:
1. Interim RV Storage. Prior to the occupancy of the first residential unit within
Villages E, J, K, L, M, N, 0, Q, R and T, as described in the Rancho Carrillo Master Plan,
Developer shall construct the interim ky Storage in a location or locations determined by
Developer. The interim RV Storage shall be located on undeveloped, but graded lots within the
Tentative Maps. The interim RV Storage shall have a minimum of 20 square feet of storage area
per residential unit, covered with decomposed granite surfacing and appropriate eight foot view
obscuring fencing. Developer may elect to construct more than one interim RV Storage facility.
Furthermore, if additional final maps are approved within Rancho Carrillo, the minimum total
area of the interim RV Storage shall be increased pursuant to the City's Planned Development
Ordinance. Developer shall be solely responsible for the maintenance of the interim RV Storage.
The parties recognize that it may be necessary to move the location of the interim RV Storage due to construction phasing, however, Developer shall be responsible at all times to provide a site which conforms to this Agreement.
2. Permanent RV Storage. Prior to the issuance of the building permit for the 800th
dwelling unit, Developer shall have completed construction of the permanent RV Storage on lot
104 of Village Q and as depicted on attached Exhibit "A." Upon completion of the permanent
RV Storage, Developer shall have no further obligation to maintain the interim RV Storage and
may remove the interim RV Storage for the construction of residential units consistent with the
zoning and the various entitlements.
3. Right to Withhold Building Permits. City shall have the absolute and unfettered
right to withhold the issuance of any building permit, commencing with the 801 residential building
permit within Rancho Carrillo, until Developer has completed and City has approved the permanent RV Storage to be constructed on lot 104 of Village Q as described in paragraph 2 above.
4. Development Permits, Maps and Documents. Developer shall at its sole expense,
prepare and diligently process all permits, agreements, plans, maps and other documents that
are necessary to construct the RV Storage as discussed herein,
5. General Provisions.
a. AUthQrItV of Signatoriçs. Each individual signing this Agreement on behalf
of the City warrants that (i) he or she is duly authorized to sign and deliver this Agreement on
behalf of the City and (ii) this Agreement is binding upon the City in accordance with its terms.
Each individual signing this Agreement on behalf of a corporation or limited liability company
warrants the (i) he or she is duly authorized to sign and deliver this Agreement on behalf of the
corporation, in accordance with a duly adopted resolution of the board of directors of the
corporation or in accordance with the bylaws or operating agreement of the corporation or limited
liability company, and (ii)this Agreement. Is binding upon the corporation or limited liability
company in accordance with its terms.
b. CounterparI. This Agreement may be signed in any number of colnterparts,
each of which will be deemed to be an original, but all of which together will constitute one instrument.
C. Applicable Law. This Agreement will be construed and enforced in
accordance with the laws of the State of California.
erg con.rvs1or.agr
U/7/96
NOV-17-96 SUN 10:55 AM HSR&G FAX NO. 619 jJ 6828 P.04/06
d. Successors. All terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective administrators or executors, successors and assigns.
e. Modifications. No modification, waiver or discharge of this Agreement
will be valid unless the same is in writing and signed by the patties to this Agreement.
1. Entire Agreement. This Agreement contains the entire agreement between
the parties relating to the transaction contemplated hereby and all prior or contemporaneous
agreements, understandings, representations and statements, oral or written are merged herein.
g. Attorney's Fees and Costs. If either party commences litigation for the
judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and
court and costs incurred.
h. Exhibit. The exhibit referred to in this Agreement is attached and is a part
of this Agreement.
1. Captions. Captions in this Agreement are inserted for convenience of
reference only and do not define, describe or limit the scope or the intent of this Agreement.
j. Recording. The parties hereto shall cause this Agreement to be recorded
by the County Recorder of the County of San Diego.
IN WITNESS WHEREOF, City and Developer have signed this Agreement on the date
first set forth above.
CITY OF CARLSBAD, a municipal CONTINENTAL RANCH, INC., a Delaware
corporation corporation
By:
ATTEST:
By:
City Clerk
Approved as to form:
By:
City Attorney
erg vcmz--rww 00
11/17/96 -3-
NOV-17-96 SUN 10:56 AN HSR&G FAX NO, 619 2 2 6828 P.05/06
STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO )
On -. -, 19, before me, a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CAUFORNIA ) ) ss.
COUNTY OF SAN DIEGO )
On ______, 19, before me,
a Notary Public in and for said State, personally appeared
—11 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature (Seal)
NOV-17-96 SUN 10:56 AM HSR&G FAX NO. 619 232 6828 P.06/06
. .
(PERMANENT RV STORAGE)
S
El Fuerte Ak J' R. V. Parking
260 I 260
240 Solid wall Open fence
—240
Sidewalk 220
200 200
180 Proposed grade ' Existing grade 180
lii.'
92: Trailer stalls (9x3O9
50: Camper stalls (9x2Oq
142. Total R.V. parking spaces
• -
.
._.T'ii'eriril&ii'-
Planter with trees
Community The e V ITI Wall
- ,
• • • - I•
/
X' L access
Village Fence
Landscaping screening
Recreational Vehicle
LIMMUMPA C1TIihhiLO Storage Area 63
MASTER PLAN
ru I )7or L >
. T ET D,RD -E a fri dU C-
1L) Z-47
Charles R. Gill
HECHT
SOLBERG
ROBINSON
GOLDBERG
LLP
February 3, 1997 1907 CIG c '
1.
-
ç1 /
Ms. Terri Woods
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009-1576
Re: Park and Aircraft Notices, Rancho Carrillo
Dear Ms. Woods:
This firm represents Continental Ranch, Inc. ("Continental") the owner and developer of the project
commonly referred to as Rancho Carrillo ("Project") located in the City of Carlsbad ("City").
Enclosed herewith are a Notice Concerning Proximity of the Planned or Existing Carrillo Ranch
Community Park (CT 93-04 and CT 93-08) and Notice Concerning Aircraft Environmental Impacts (collectively,
"Notices'). The Notices follow the "standard" City form. However, each has been slightly expanded in order
for Continental to use the Notice as part of its disclosure package without the need for having multiple documents.
Should you or any member of your staff have any questions, please do not hesitate to call.
Sincerely yours,
Charles R. Gill
Hecht, Solberg, Robinson & Goldberg
CRG/mq
Enc.
cc: Ronald R. Ball, City Attorney
Dave Lother, Continental Homes
ATrORNEYS AT LAW 600 WEST BROADWAY, EIGHTH FLOOR SAN DIEGO, CALIFORNIA 92101 TELEPHONE 619.239.3444 FAcSIMILE 619.232.6828
.
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
.
This Space For Recorder's Use Only
NOTICE CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING
CARRILLO RANCH COMMUNITY PARK
(CT 93-04 AND CT 93-08)
This Notice Concerning Environmental Impacts ("Notice") is made by Continental Ranch,
Inc., a Delaware corporation, hereinafter referred to as the "Owner" is developer of certain real
property situated in the City of Carlsbad, County of San Diego, State of California.
RECITALS:
A. The purpose of this Notice is to disclose to the fullest extent possible present and
future potential impacts of noise, light and glare by all users of the Carrillo Ranch Community
Park. Purchasers acknowledges these existing and future impacts.
B. Owner is the developer of the real property in the City of Carlsbad, County of San
Diego, California, more fully described as:
Lots according to Final Map No. and Lots ____
according to Final Map No. both of which are in the City of
Carlsbad, County of San Diego, State of California and recorded
with the Office of the County Recorder of the County of San Diego
on , 1997 ("Property").
1/31197 -1- Draft Noise Form
I .
C. The Property is located adjacent to the Carrillo Rancho Community Park
(hereafter described as Park) on which users will engage in both active and passive recreational
activities.
D. Owner has no control over the operations of the Park including the types of
recreational activities engaged in or planned for the Park or the hours of operation of the Park.
E. It is the desire of Owner to give notice to any potential purchaser of the Property
of its proximity to the Park and the fact that purchases may be subject to the impacts of the
Park.
NOW, THEREFORE, pursuant to the Recitals, Owner does, for itself, and its successors
and assigns, give the following Notice and makes the following waiver:
1. Owner has and shall develop the Property in accordance with Carlsbad Tracts
CT 93-04 and CT 93-08 approved by the City of Carlsbad, which approval includes the
requirement of the City of Carlsbad, that the development of the Property is consistent with the
Land Use, Open Space and Conservation and Parks and Recreations Elements of the General
Plan of the City of Carlsbad. In that regard, this Notice satisfies Condition 43 of CT 93-04 and
Condition 9 of CT 93-08.
2. That Owner has no responsibility or control over the operations of the Park,
including without limitation, the types of recreational activities conducted or the number of people
using the Park.
3. That the users of the Park may create significant impacts affecting the purchasers,
tenants and occupants of the Property and that purchasers, tenants and occupants of the
Property reside there subject to sight, sound, light and glare of park facilities and activities.
4. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Notice. This Notice shall run with the Property and
shall be binding upon all parties having or acquiring any right, title or interest in the Property.
1/31/97 -2- Draft Noise Form
.
5. The purpose of this Notice is to disclose to the fullest extent possible present and
future potential impacts of noise, light and glare generated by all manner of Park activities,
facilities and users which will generate noise and other environmental impacts. Purchaser
acknowledges these existing and future impacts.
Signed this - day of , 1997.
OWNER:
Continental Ranch, Inc., a Delaware corporation
By:
(Print Name here)
By:
(Title of signatory)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
1/31/97 -3- Draft Noise Fomi
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On this day of ,19 ,before
me, a Notary Public in and for
said State, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that
by his/her signature on the instrument, the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On this day of ,19,before
me, a Notary Public in and for
said State, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that
by his/her signature on the instrument, the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
.
I .
RECORDING REQUESTED BY:
AND
WHEN RECORDED RETURN TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989 This Space For Recorder's Use Only
Parcel No. 215-030-09, 215-031-04, 222-012-01,
222-012-02, 222-011-06, 222-010-02 (Portion of)
NOTICE CONCERNING AIRCRAFT
ENVIRONMENTAL IMPACTS
CASE NO. CT 93-04
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Continental
Ranch, Inc., a Delaware corporation, hereinafter referred to as "Owner", as developer of certain real
property situated in the City of Carlsbad, County of San Diego, State of California.
RECITALS:
A. The Owner is the developer and holder of the title to certain real property in the City of
Carlsbad, County of San Diego, California, more fully described on attached Exhibit "A".
B. The property is located approximately 11/2 miles from the McClellan Palomar Airport,
City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego through which
are conducted certain aircraft operations on and about said Airport and over real property in the vicinity
of the Airport.
C. Owner has no control over the operations of the Airport, including the types of aircraft,
flight, the flight patterns of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real property of
the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft
operating to or from the Airport.
E. The purpose of this notice is to disclose to the fullest extent possible present and future
potential impacts of noise generated by all manner of aircraft including public, military and private aircraft
which will generate noise and other environmental impacts.
H:\wip\crg\agmt\conthom\aircraft.eir
2/3/97 -1-
. .
NOW, THEREFORE, in light of the above Recitals, as developer and Owner of the property,
does for itself and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Subdivision Tract Parcel
Map (CT 03-04), approved by the City of Carlsbad, which approval includes the requirement of the City
of Carlsbad, that the development of the property is consistent with the Land Use Element and Noise
Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Airport, including
without limitation, the types or number of flight operations, types of aircraft (including jet aircraft and
helicopter), timing of flight operation or frequency of flights.
3. That the flight operations to the Airport may create significant aircraft environmental
impacts affecting the purchaser, tenants and occupants of the property and that purchasers, tenants and
occupants of the property reside there subject to such overflight, sight and sound.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to this Declaration and Notice. This Notice shall run with the property
and shall be binding upon all parties having or acquiring any right, title or interest in the property.
5. The purpose of this Notice is to disclose to the fullest extent possible present and future
potential impacts of noise generated by all manner of aircraft including public and private aircraft which
will generate noise and other environmental impacts.
Signed this _____ day of , 1997
CONTINENTAL RANCH, INC.,
a Delaware corporation
Lo
(Print Name Here)
(Title and Organization of Signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or Vice President AND Secretary or Assistant Secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the Secretary or Assistant Secretary
under corporate seal empowering that officer to bind the corporation.)
H:\wip\crg\agmt\conthom\aircraft.eir
2/3/97 -2-
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APPROVED AS TO FORM
RONALD R. BALL, City Attorney
M.
Deputy City Attorney
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this day of 19 , before me,
a Notary Public in and for said State, person-
ally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her authorized capacity, and that by his/her signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
H:\wip\crg\agmt\conthom\aircraft.eir
2/3/97 -3-
.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this
)
) ss.
)
day of , 19, before me,
a Notary Public in and for said State, person-
ally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her authorized capacity, and that by his/her signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
.
EXHIBIT "A't
Description of Real Property
POOR
QUALITY
ORIGINAL (S)
so S.
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will star upon th ate of the compl joetion letter.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to application
Copy for file
CITY OF CARLSBAD
1200 CARLSBAD VLAGE DRIVE CARLSBAD, CAL1ORNIA 92008
438-5621
REC'D C
i- I V f-~ Lt?C1 /
DATE_____________ Q3/24/w 4)CQ1 (1 '
-
ACCOUNT NO. DESCRIPTION AMOUNT
7)
41
-
I'f -- __•_J) _____________________
RECEIPT NO. TOTAL
!
5620 Friars Road
San Diego
California 92110-2596
(619)291-0707
FAX: (619) 291-4165
I
RICK ENGINEERING COMPANY
Transmittal Letter
To: Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009-4859
From: Ray Martin/tr
Date: March 24, 1993
Subject: CARRILLO RANCH
Job No: 12004D
How Sent: ADCOM UPS To Be Picked Up FAX
Fed Express Mail Delivery Other
We are transmitting the following attached items:
If items are not attached as indicated, please notify us immediately
No. of Copies Document Date Description
Application package for Carrillo Ranch Villages L, M, N, 0,
Q, R and T
Transmitted for: Approval Corrections Checking
Your Use Review & Comment
El As Requested
Action
Remarks:
Copy to: File El with enclosure without enclosure
LII
RE1II 4/89