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Home My WebLink AboutCT 99-20; Carlsbad Airport Center Lot 10; Tentative Map (CT) (42)07/22/2003 13:58 FAX 8587942401 BUIE COMMUNITIES ilOOl BUIE COMMUNITIES 11260 EI Camino Real Suite 200 San Diego, California 92130 Tele; 858.794-2400 Ext. 23T Fax: 858.794-2401 adamson@buiecommunitiea.com To, Fax: Lynch Van, Planning Department! City of Carlsbad rrom: (760) 602-8559 Phone:| Palomar Heights Plaza CC&R's 1 Isupplemental Declaration Pages: Date: Fay Adamson 7 July 22, 2003 Tricia Greenlee @ Hecht, Solberg, Robinson, * • Comments: Hi Van Here is a Supplemental Declaration for Palomar Heights Plaza. It shows designated parking spaces and will be recorded in our sale of 5864 Owens Avenue to Lynne Hodges. Please let me know if there are any action items we need to be aware of. If you have any questions please don't hesitate to contact me at 858.794.2400 ext. 237. Fay Adamson Project Assistant 07/22/2003 13:38 FAX 8587942401 BUIE COMMUNITIES Recording Requested By When Recorded Return To: Hecht, Solbcrg, Robinson, Goldberg & Bagley LLP Tricia L. Grcenlee 600 West Broadway, Eighth Floor San Diego, California 9210) SUPPLEMENTAL DECLARATION FOR PALOMAR HEIGHTS PLAZA THIS SUPPLEMENTAL DECLARATION FOR PALOMAR HEIGHTS PLAZA ("Supplemental Declaration") is made as of this 16th day of July, 2003, by BUIE CARLSBAD LOT 10 LLC, a California limited liability company ("Declarant"), with reference to the following facts: A. DeclarantistheDeclarantundcrthatcertainDcclarationEstablishingCovcnaiits, Conditions and Restrictions and Grants of Easements for Palomar Heights Plaza which was recorded December 11,2001 with the Office of the County Recorder of San Diego County, California, as Document No. 2001-0907560 ("Declaration"). Unless otherwise definedherein Of the context otherwise re quires, initially capitalized terms shall have the meanings given them in the Declaration. B. Declarant now wishes to amend the Declaration to provide for the designation of certain reservedparking spaces located in the Plaza as being for the exclusive use of particular Lots within the Plaza at no cost or expense for such exclusive use. NOW, THEREFORE, pursuant to the terms of the Declaration, Declarant declares as follows: 1. Exclusive Parking Spaces. Notwithstanding any provision to the contrary contained in the Declaration, each Lot within the Plaza shall have the following number of reservedparking spaces designated within me Common Area and marked for the exclusive uae of the Owner, Occupants, employees and visitors of such Lot: Lot #1 (5860 Owens Avenue) - 0 parking spaces Lot #2 (5864 Owens Avenue) -10 parking spaces Lot #3 (5872 Owens Avenue) -10 parking spaces Lot #4 (5876 Owens Avenue) -12 parking spaces Lot #5 (5868 Owens Avenue) -14 parking spaces -1-005143.0145 22MM.3 07/22/2003 13:59 FAX 8587942401 BUIE COMMUNITIES 121003 Such designated parking spaces shall be at no cost or expense to the Owners, Occupants, their employees or visitors and shall remain part of the Common Area of the Plaza for the purposes of improvement, maintenance, repair and assessments. The locations of the exclusive parking spaces designated for Lot #2 shall be as depicted on Exhibit A attached hereto. Declarant reserves the right to subsequently designate the locations of the exclusive parking spaces for the other Lots. The Association shall stencil the street address of the Lot for which such exclusive parking spaces are reserved on the asphalt of each exclusive parking space. 2. Enforcement of Violators. Neither DeclarantnortheAssociationshallhave any obligation to enforce the parking rights of the Owners, Occupants, their employees or visitors with regard to the exclusive parking spaces. Each Owner shall be responsible for enforcing its own parking rights with regard to its exclusive parking spaces, but shall be prohibited from using Denver boots within the Plaza. 3. Effective Date. This Supplemental Declaration shall be effective upon its recordation in the Office of the County Recorder of San Diego County, California. 4. Successors and Assigns. This Supplemental Declaration, and all of the rights, duties, powers, covenants, conditions, restrictions and obligations contained in this Supplemental Declaration, (a) burden the Lots and are binding upon successors, assigns, and all other persons acquiring any Lot, or portion thereof or interest therein, whether by operation of law or in any manner whatsoever, and (b) benefit the Lots and inure to the benefit of the Owners and Occupants, and their respective successors, assigns and all other persons acquiring any Lot, or portion thereof or interest therein, enforceable as equitable servitudes and constituting covenants running with the land pursuant to applicable law. 5. No Superior Liens. Except for the beneficiary executing the Subordination Agreement which is attached to this Supplemental Declaration, Declarant represents and warrants that no superior lien or other encumbrance affecting the Common Area of the Plaza exists at the time of the recording of this Supplemental Declaration which could or would terminate or extinguish any of the rights granted in this Supplemental Declaration. 6. Force and Effect. Except as expressly amended hereby, the Declaration remains unchanged and in full force and effect [THIS PORTION OF THE PAGE HAS BEEN LEFT INTENTIONALLY BLANK] 07/22/2003 13:59 FAX 8587942401 BUIE COMMUNITIES IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year first above written. "Declarant" The recordation of diis Supplemental Declaration is hereby consented to and approved. PALOMAR HEIGHTS PLAZA ASSOCIATION, a California non-profit mutual benefit corporation By_ BUIE CARLSBAD LOT 10 LLC, a California limited liability company By: BUIE COMMUNITIES LLC, a California limited liability company, its Manager By_ Title VV By_ "Title Title By, Title -3-D06US-OI4J 229494.3 07/22/2003 13:59 FAX 8587942401 STATE OF CALIFORNIA COUNTY OF SAN On cvidenc to me that he/she/the e) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged executed the same in his/her/th.eir authorized capacities), and that by his/her/their signature(s) on the instrument, the pcrson(s), or the entity uponbehalf of which the person(s) acted, executed the instrument, WITNESS ijiy hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF SAN DIEGO On. evidence) to be the] tomcthathc/she/th signature(s) on the IT the instrumenL WITNESS Signature. BUIE COMMUNITIES 0005 ,*- -, ***,»• o3> , before me,. <A ., Notary Public, personally appeared _, personally known to me (or proved to me on the basis of satisfactory FAY ADAMSDN Comm. 11361253 mNOTARY runic UUFMNIA U)Iu HMO Cnwiy (Seal) ) ) ss.) _, before me,._, Notary Public, personally appeared „, personally known to me (or proved to me on the basis of satisfactory erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged y executed the same in his/her/their authorized capacities), and that by his/her/their stcument, theperson(s), or the entityupon behalf ofwhich the person(s) acted, executed vy hand and official seal. (Seal) -4-006US-0143 219494.: CDoo S Address Size Parking Spaces % 5864 Owens Avenue 11,520 SF 10 Project Parking Allocation: 4 spaces per 1,000 square feet PALOMAR AIRPORT ROAD 07/22/2003 13:59 FAX 8587942401 BUIE COMMUNITIES i]007 Exhibit A Locations of Exclusive Parking Spaces for 5864 Owens Avenue OM145-OU522MJ4J