HomeMy WebLinkAboutPUD 09; ROBERT S PHILLIPS; Planned Unit Development - Residential (PUD)Recei pt No. 9755 -----=---Date Application Received 1-27-77 • • PLANNED UNIT DEVELOPMENT ~
(Please Print) CITY OF CARLSBAD
1.
2.
R E QUE S T : Pta nne dUn i t De vel 0 pm e n t for 5/% ft:,) .
'property of approx i ma te 1 y ;;~&&l71.J7+Pl ac res.
units on
LOCATION: The subject property is generally located on the
$aLlffi' sid e 0 f AhJadea £4ne be twe e n ~"m WSf/.a n d
~P/"174 Wto/
3 • ' ASS E S S 0 R I·S N U M B E R : Boo k 2$ P age ~I . Par c e 1 Iv _
Book &I!'. Page~3/ Parcell;; (If more, plea'se list on
bottom of page). gL11;(' 2/ff p~e g91 Para/17
4 • 0 VI N E R ( S) 0 R P R INC I P LEO F COR P. IV;!" LId, ~~~---------------------
Ro.6n $, f/J;$d2 7~2lf/cam//1o&$IM~ ~~ Cvif/Jd, {j,j ~~g name } address' j F zip I phone
t!lt} 7~S .. tJ2IJ/
5. Per.son responsible for preparation of Plan: Jm17v,&'#,w
fJ!illetU"fiI?EarkvJ~CJ/B2. /mi~ ~A;Y ~% aI~/f1//I1£ cal, 9~ name . address' zip' ' phone
. . . (1#)751-1"21
,. APPLICANTS SIGNATURE:*
I hereby declare that all information contained within this
application is true; and that all standard conditions as
indicated on the attachment have been read, understood and
agreed to.
Name Address Zip Phone
4 *Note: If the applicant is an agent to the property owner, a
signed and notarized letter authorizing the applicant to
represent the prpperty owner must be submitted with the application.
The City of Carlsbad Planning Department would appreciate the
opportunity to work with the applicant throughout the Planning
Stages of the Rfoposed development. In an effort to aid' the
applicant, the Planning Department requests that it be given
an opportunity to evaluate and discuss the application' and plans
prior to sub·mittal. This request ;s not a -requirement; however,
it may avoid major redrafting or revision of the plan which only
serves to lengthen the processing time.
ATTACHMENTS: ---~-~ ~ -.,"'---
Supplemental Information Form -Planning 5-:tr.r2.J \...iJG'1., 'S~:;
Standard Conditions -Planning 6-2 .
Preparation Check List -Planning l2-~
Procedures Planning 3-2 JAN.2 7 1977
c~ .OE CARLSBAD ~ng Department
Date of Planning Commission Approval
e e
. SUPJ'Ltl1ENTAL INFORt1ATION FORM
SPECIFIC 1'1 All/TENTATIVE SUBDIVISION MAP
PLANNED UNIT III.VELOPMENT/SITE DEVELOPMENT PLAN
~PECIAL USE PERMIT
1 • G r 0 S sAc res ( 0 r s q 1/ 0 ref b b tag e i f 1 e sst han a ere) ! ~v &,
2. Number of Lots_z:ld~/-t:Jr~~;~~/#~: /~h1t1lJlof
. >-
3. Type of Developmelll, ffiJ'/&l1hiJ/ .. 'sIn. ~ ~;!t. d~d
(Residential, Commercia, Industrial
4. Present Zone .RI-/0~" Proposed ZoneA'/-/4ttl?
(if change requested)
5. General Plan Land ""Q Designation;fZU (tJ-1-du,/;l6,)
I
6. Source of Hater Sill/Ply (arl5/Jad!11tJlJ~ Weller /)J7/:
7. Method of Sewage 0 I t,po,sa 1 Leucadia, U>tlJJtq ~ f)~
9. Transportation Modo!; Available to Service the Development __ _
u~m gP5 $Y5~an" Alt'r# '-"Milt &/5 $tj5/mJ "
----------~--,~.-----------------------------------
10. If residential devIllopment please complete the following:
..
a) School Distri(;l Serving the property'~-!5/~/C#YA£ On/alJ
Sch4?! 0/$/1 li!tjlJ $dJtV~~1J 1J/~o;ftJ t/n/~n fI(jIJ.5CiJtJt}/ PUr.
b) . Are s c h 00 1 fa c 1 1 i tie s cap a b 1 e 0 f s e r v i n 9 t h t· s pro j e c t : __ .*5 (ldiff b~--...l!~g~~_m_f.L-') _____ ..:L.i ___ _
(Writ!en confirmation of this requirement must be recelve~ by the Planning Department at least one
week.prlor to Planning Commission hearing. If not
recelved by this time the request'will be denied.)
11. Methods proposed to reduce sound 1 eve1 sAItJg~ r~c,/JtJ/J J11efl,~
JJJ CLJ/7~f';n3l7a ttl;#' Oft""" 81".1" ade / tPlJd :ff/e Z7' r$ffo//6'/J1etJJTp
cr me Slak. -hbtJ5'/ng;1(;/: /ViP tlAJOSlB/I1lJ/5eftllJOIW a;f$ 7Jl'lU"jJW~
.sJj~, -
12.
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Addition~~ ~heets may. bo attached if npcessary to answer any of the above questions.
FORI~--.tl.2..n'l.:!i~9_ 5~_._ Date of Planning COlllmission Approvul ~ .. 8-75 ------_ .... -
STANDARD CONDITIONS • CITY OF CARLSBAD •
SPECIFIC PLI\N/CONDITIOflAL USE PERr~IT/
VARJANCE/PLANNED UNIT DEVELOPMENT/
SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT
Development shall meet all requirements of the subdivision, zoning,
and building codes, laws, ordinances or regulations of the t1ty of
Carlsbad, and other governmental agencies. Some of the more pertinent
requirements and procedures of the City are listed below f~r your in-
formation and concurrence. Please read this 1 ist carefu1,'ly and feel
free to ask for further information or explanation.
1) All conditions for Conditional Use Permit, Variance, Planned
Unit Development and Special Use Permit shall be co~pleted and
the project commenced within 18 months from final C,ty action,
unless otherwise stated as part of the approval. There is no
time Jimitations for Specific Plans unless reqdired as' part
of .the approval.
2) Development shall substantially conform to the approved plan.
,3) All public improvements shall be made in conformity with City
Standards, to the satisfaction of the City Engineer, without
cost to the City of Carlsbad and free of all liens and
encumbrances. / ,
4)
5)
6)
7)
8)
9)
10)
11)
12)
Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the
proposed development, for its approval of the location, type
and adequacy of water lines.
Prior to any constructinn, the applicant shall obtain approval
from the City Fire Department of the location and size of
fi re hydrants. -
The applicant shall install all required fire hY9rants and
dry-stand pipes prior to framing construction, and said fire
appurtenanc~s shall be functional prior to commencing such work.
Street trees, as required by the City, shall be installed by the
applicant at applicant's expense. Trees shall be of a type
,approved by the Parks Department and shall be installed to their
specifications. If removal of any existing trees is required
by the City, said removal shall be at the applicant's expense.
It shall be the responsibility of the applicant to make all
~ arrangements with the Parks Department concerning the require-
ments of this condition.
A detailed grading plan which includes propose~ drainagB
and erosion control landscaping, or other measures such as
desilting basins shall be approved by the City Engineer.
Immediately after grading, erosion control landscaping and/or
other measures such as desilting basins shall be installed.
This control may be the final landscaping if so approved.
A detailed landscape and sprinkler plan shall be submitted
for Planning Director's approval for all graded slopes 51
or greater in height and any other areas required by law.
Prior to final building inspection clearance, all landscap-
ing and irrigation systems shall be installed or adequate
bonding accepte'd. Said landscaping shall be maintained in
a manner acceptable to the Planning Director.
No signs or advertising of any ty~e whatsoever shall be erect~d
or installed until plans thereof have been app~oved by the City of ,Car.lsbad.
As part of the approval proce~s, the City may modify these conditions or
add others, especially those of a more specific nature. The applicant
will be notified of these modifications or additions by Resolution.
Form Planning 6~ /Date of Planning Commission Approval
PREPARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
•
PLANNED UNIT DEVELOPMENT/SITE,DEVELOPMENT PLANS
SPECIAL USE PERMIT
', .. ~
A. Documents Required for Submittal:
::,
1) Application with supplemental information sheet completed.
2) Standard condition list.
3) Photostatic copy of deed with complete legal description of
subject property.
4) F i f tee n 0 z ali d p r i n t s of the p 1 a n for a 11 a p p 1, i cat ion sex c e pta'
P.U.D. which requires 20 prints.
5) Environmental Impact Statement or Report with Fees (if required).
6) Fee: Conditional Use Permit, Variance and Special Use
Permit -$50.00
Planned Unit Development -$50.00 plus $1.00 per unit
Amendments for P.U.D. 's -$50.00 plus $1.00 per unit
within area being amended
Site Development Plan -$25.00
7) 300-Foot Radius Map -(not needed for Site Development Plan and
Spec.,.-arUse Permit) A map to scale not less than 111 = 200'
showing each lot within 300 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.
8) Property Owners' List -(Not needed for Site Development Plan
and Special Use Permit) A typewritten list of the name and
address of all property owners within 300' as noted on the
property owner~' map. This list must be accurate and taken
frpm the latest equalized assessment roll on file in the Office
of the Assessor of San Diego County, 2945 ,Harding, Room 101,
Carlsbad (Phone 714-729-5959).
"B. Drafti~g of Plan:
1) Sheets to be 24" x 36" with 1" border (Standard "0" size).
2) Scale to indicated: 1" = 10' is generally sufficient, however,
the scale is to be appropriate for sheet size; bu~ in no case
smaller than 1" = 50'. If project is too large for recommended
scale, additional sheets will be necessary; and a reduced com-
p 0 sit e 0 f the p 1 a n b e sub mit ted 0 n a 2 4" x 3 6" r 'e pro d u c i b 1 e .
3) North arrow oriented to top or left side of sheet.
4) Lettering must be legible. It is preferred that it be drawn
by mechanical means, in ink, and heavy upper case.
5) Location map'showing the distance to the center line of the
nearest intersection.
6) Title block with name and address of applicant and drafter, and
pertinent information such as uses, total acreage and date
prepared.
C. Information on Plan
1) Proposed and existing structures:
a) Proposed use of all structures ",(An general land use term,s).
b) Building dimensions, setbacks and distances between buildings.,
c) Type of construction proposed.
d) Identification of fire rated walls and fire sprinkler systems.
e) Height and number of st8ries. '
f) Gross floor area per structure.
g) Proposed changes and additions to existing buildings.
FORM Planning
. ¥ e" •
2) Existing and proposed rights-of-way, public and/or private:
a) Distance from "property Tine to center line of
rights-of-way.
b) Widths of right-of-way.
c) Location of existing and proposed sidewalks and c~rbcuts.
d) Easements -type and location.
3) Parking:
a) Location, size and numbered consecutively.
b) Identification of loading zones.
e) Dimensions of driveways.
4) Landscaping~"
•
a) Existing and proposed trees in the public right-of-way.
b) A schedule showing types, size an~ 10cati6n of all
plant materials proposed on site~
c) Indicate a permanent watering system for all landscaping
areas by showing tha location of water lines.
5) Refuse pickup areas (n?t required for detached housing projects).
6) Signs: Size; location and height of existing and proposed
signs.
7) Lot lines and dimensions.
8)" Location of watercourse or areas subject to flood.
9) Location of proposed storm drains or other means of drainage
(grade and size).
10) Topographic contours at two-feet intervals, with indication of
manufactured slope.
11) Cross section of prop0ged grading. Existing contours and
proposed graded contours for all grades of 4:1 or greater shall
be" shown.
12) Delineation of development phasing.
D. Miscellaneous Information for Planned Unit Development Application
1) Document explaining who shall be ~esponsible for maintaining
open common areas and how maintenance is to be performed.
2) Document explaining special development standards requested.
For custom home Planned Unit Development, all development stand-
ards listed in Section 21.45.120 shall be included.
3) Elevation of proposed buildings (not required for custom home
P.U.D.'s).
FORM Planning -2-
Date of Planning Commission Ap 1 4/8/7~ oro v n, :1:
!!
1 )
2)
~)
4)
5)
6}
7)
e. ••
PROCEDURES
Application to Planning Commission: In an effort to aid the
applicant, the Planning Department requests that it be given
an opportunity to evaluate and discuss the appliGation in its
va rio U sst age s 0 f de vel 0 p ril e n t p rio r t 0 ·s u b mit tal. I tis m 0 r e
effective if applicant meets directly with staff; however,
written or teleph9ne communication is acceptable. It is the
responsibility of the applicant to make the initial contact
for such meeting.
Submittal: Application will be accepted only if the applica-
tion, plans and other pertinent materials are complete.
Generally, the date application will be heard will be deter-
mtned 5y the submittal date as indicated within the approved'
Planning Commfssion calendarA
Planning Commission Calendar: The Planning Commission adopts
an annual calendar th~t indicates application closing dates,
staff review dates, staff report completion dates, and Plan-
ning Commission hearing dates. You may acquire this calendar
at the Pla~ning Department.
'.~
Staff Review: On the date as indicated on the Planning Commission
C~lendar, City Staff conducts 'a review meeting on all items on
the Planning Commission agenda. The applicant is invited to
attend and to explain the project a~d respon~ to staff preliminary
recommendations. Upon completion of this review, Staff will pre-
pare final staff. recommendations to be submitted to the Planning
Commission. The final report with recommendations will be
available at the Planning Department five days prior to the
Planning Commission hearing (Friday afternoon pri,'or to the
Planning Commission meeting date).,
Hearing: The Planning Commission meets e~ery 2nd and 4th
Wednesday of the month at 7:30 p.m. or as indicated on the
Planning Commission calendar. Depending on the type of appli~
cation, the Planning Commission will either make a finding
and'forward to City Councilor make final action.
AppealS: Final action by Planning Commission may be appealed
." tot he C tty Co u n c i1, pro vi de d s u c hap pea 1 i s file d wit h in' ten
(10) days after the Planning Commission action. The applicant
should review with staff the procedure on the various types of
applications.
'Final Decision: The City will notify ,the applicant and property
Qwner of the, final decision.
r 0 1< ~'1 : r 1 ann i n 9 3 -2 D J teo f r 1 ~ n n i n 9 Co mill iss ion A P P I' 0 va' ___ 1.:Jl::L~_
..
PERNA ESCROW
YOUR REFERENCE:
OUR ORDER NO. :
TITLE INSURANCE AND TRUST
220 "Aft STREET P.O. BOX 1150
SAN DIEGO. CALIFORNIA 92112 714-239-6081
BUYER: PHILLIPS
1010657
DECEMBER 7, 1916
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE. OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM
POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE
OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST
LOSS WHICH MAY ~E SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REfERRED TO AS AN EXCEPTION BELOW OR
NOT EXCLUDED FRCM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETO-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 LIABILITV BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AT 7:30.A.M. AS Qf NOVEMBER 26, 1976
TITLE
THE ESTATE OR INTEREST IN THE LAND HEREIN~FTER
TO COVERED BY THIS REPORT
IS: A FEE
7;:)" 1:7 ~ -,-"
..l tJ..b::J 't.4 Jii; K V E D
\.JAN 2 7 1977
.err\:; OF CARLS
fla.ol1Jng Departm~~P
DESCRIBED OR REFERRED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
ROBERT L. PETTIT, JR.
1010651 PAGE 1
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITIGN TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY TAXE5
FOR THE FISCAL YEAR : 1976-77
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
fIRST INSTALLMENT : NOW DUE AND PAYABLE
SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY 1, 1977
TAX FIGURES FOR :
CODE AREA :
PARCEL NO. :
LAND :
FIRST INSTALLMENT :
SECOND INSTALLMENT:
1976-77
9062
215-231-16
$8,250.00
$461.35, UNPAID
$467.35, UNPAID
2. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED BY THE MAP Of
TRACT : 5181
FOR : SEWER
AFFECTS : THE SOUTHERLY 10 FEET.
3. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION Of
RESTRICTIONS
RECORDED . . OCTOBER 4, 1966, RECORDER'S FILE NO. 160240
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER
INVALID THE LIEN OF A~Y MORTG~GE OR DEED DE TRUST MADE IN GOOD
FAITH AND FOR VALUE.
NOTE: A PROVISION CONFERRING UPON RANCHO LA COSTA, INC., OR A
PROPERTY OWNERS ASSOCIATION THE RIGHT TO LEVY ASSESSMENTS AGAINST SA[D
LAND WHICH MAY BECOME A LIEN AS THEREIN SET FORTH.
SAID COVENANTS, CONOITIGNS AND RESTRICTIONS HAVE BEEN
INCORPORATED BY REFERENCE THERETO IN A DEED
RECORDED : DECEMBER 13, 1966
4. A DEED
HEREIN
DATED
AMOUNT
TRUSTOR
1010657
OF TRUST TO SECURE. AN INDEBTEDNESS OF THE AMOUNT STATED
· · · · :
SEPTEMBER 21, 1972
$29,000.00
DAVID T. NASTASI AND ROSALIND aDEN NASTASI, HUSBAND AND
PAGE 2 .
. ~
TRUSTEE . ,.
BENEFICIARY :
RECORDED . .
WIFE
TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA
CORPCRATION
FAYETTE K. STROUD, A MARRIED WOMAN
OCTOBER 30, 1972, RECORDER'S FILE NO. 289058
5. OTHER MATTERS OF RECORD WHICH DO NOr DESCRIBE SAID LAND, BUT
WHICH, IF ANY EXIST, MAY AFFECT ThE TITLE,. THE NECESSARY SEARCH
AND EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF
INFORMATION HAS BEEN RECEIVED
FRO,..,: BUYER
1010657 PAGE 3
, ' •
THE LAND REFERRED TO HEREIN IS SITUATEO IN THE STATE OF
CALIFORNIA. COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS:
lor ~OF LA COSTA VALLEY UNIT Ne. 4 t IN THE COUNTY OF SAN DIEGO, STATE
OF C~ORNIA, ACCORDING TO MAP THEREOF NO. 5781 FILED IN THE OFFICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY, sePTEMBER 14, 1966.
1010651 PAGE 4
• . ' .....
LA COSTA VALLEY UNIT NO. 4 5781
DETAIL "~'
• 170
__ Cl;~~/~f~j~ ______________________________ ~$~L~~~ __ _
_____ ~~aI~3?r~-~~~ti~---------------=====~~~O~l1a~r5
r:::.r:;:/r';' ORANGE COUNTY REGIONAL OFFICE '.l.V~!.. l\iAt,.;uFACTURERS BA~I{ ']:3.; 1201 DO\"E STREET J
L. __ ----' NEWPORT BEACH" CALlFORK1." 92660
~~-i~~~;~ ____ _
111000 ~ 70111 S ': 1. "2 "22"1:1 45 21: I ~ ... ______ • ____ • 1
_ .. " ---~ ---~--------------~---.--------T-. ____ J
ADDRess ,-
CITY OF CARLSBAD
1200 ELM AVENUE " CARLSBAD, CALIFORNIA 92008
729-1181
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AIC. NO. I DESCRIPTION AMOUNT" 1 .
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W'.I_I_ Vi" vnnLl,)Qfil.)
I PlannIng Department
March 21, 1977
Planning Department
City of Carl sbad
1200 Elm Avenue
•
Carlsbad, California 92008
Gentlemen:
• SAN MARCOS UNIFIED SCHOOL DISTRICT
270 San Marcos Boulevard
San Marcos, California 92069
744-4776
RECEiVED
MJ3.R 22 1977
CITY OF CARLSBAD
PlanninQ Department . ;.:)
ATTENTION: Tom Hagman
This letter is to indicate San Marcos Unified School District's.position
relative to Tara, six homes, location, La Costa Valley Unit No.4.
School services for this unit will be available in the San Marcos Unified
School District, particularly in view of the fact that plans are for six
single family residences, as permanent residences, with no children 17 years
of age or under.
Respectfully submitted,
Ralph E. ellogg,
Superintendent
REK/js
cc: Fred Morey
La Costa
• • LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA, CALIFORNIA 92024' 753-0155
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: Mr. Tom Hageman
March 11, 1977
JIlEC~1tVED
f.1.!\R 1 5 1977
SEWER AVAILABILITY LETTER CITY OF CARLSBAD
F:lanning Department
Project:
Owner:
Developer:
Map/Project Description:
Gentlemen:
Tara La Costa
Robert S. Phillips
H.D. O'Hara
CT 77-3, PUD-9 being described as 6
residential dwellings
This is to advise you that the property referenced above is located
entirely within the boundaries of the Leucadia County Water District." Sewer
service is available to"the property at the present time'provided arrangements
are made by the owner, at his expense, of the necessary on-site and off-site
sewerage system to serve the property .. Sewer service is also subject to the
payment of applicable connection charges, service lateral charges and monthly
sewer service charges.
This letter is based upon current conditions and is not a representation
or promise that the District will provide sewer service at a future date. This
letter shall expire and shall be of no further force or effect: if the tenta-
tive subdivision map is not approved within six (6) months of the date hereof:
or eighteen (18) months after approval or conditional approval of the tentative
subdivision map if a final map is not filed within that period.
This letter pertains solely to the proposed project as described above
and does not extend to revisions of the project which affect the sewer system
or sewer capacity.
This letter is not transferable to any other owner or developer without
the prior written consent of the District.
cc: H.D. O'Hara
Yours very truly,
LEUCADIA COUNTY WATER DISTRICT
c:;;;;;r;uJ ~~
Richard E. Hanson
Secretary-Manager
DISTRICT OFFICE: 1960 LA COSTA AVENUE· CARLSBAD, CALIFORNIA
'::
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. KrtazhVJ 7/U/ 71 ~
TiC\v1V\~ W¥.
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
[Th"RA LTD J'-
THIS DECLARATION, made on the date hereinafter s~t forth
by GREENCASTLE LTD., a CaJifornia corporation, hereinafter referred
to as "Declarant".
WI.TNES SETH:
WHEREAS, Declarant is the owner of certain property in the
City of Carlsbad, Co~nty of San Diego, S-tate of California, which
is more particularly described on Exhibit "A" attached hereto Clnd
made a part hereof, hereinafter called· the "Real Property".
NOW THEREFORE, Declarant hereby declares that all of the
properties described abov~ shall be held, sold and conveyed subject
to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability
of, and which shall run with, the real property and be binding on
all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors, and assigns,
and shall inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. 01. "Association" shall mean and refer to TARA
LTD. HOMEOvlNERS ASSOCIATION, its successors and assigns.
Section 1. 02. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee simple
title to any lot which is a part of the properties, including con-
tract sellers, but excluding those having such interest merely as
security for the performance of an obligation.
-1-
Section 1.03. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such additions
thereto as may hereafter be brought within the jurisdiction of the
Association by annexation as provided herein.
Section 1.04. "Common Area" shall mean all real property
owned by the Association for the common use and enjoyment of the
Owners. The Common Area shall consist of all of the real property
not conveyed as Lots to Owners (to wit, Lot 7 and any other property
or interest therein later conveyed to the Association). Title to the, 171
Common Area shall be conveyed to the Association upon the conveyance
of the first Lot to an Owner.
Section 1.05. "Lot" shall mean and refer to any plot of
land or parcel shown upon any recorded subdivision map of the Properties
excepting any Property which is within the Common Area.
Section 1.06. "Declarant" shall mean and refer to GREEN-
CASTLE LTD., its successors and assigns if such successors or assigns
should acquire more than one (1) undeveloped Lot from the Declarant
for the purposes of development.
ARTICLE II
PROPERTY RIGH'I'S
Owners' Easements of Enjoyment
Section 2.01. Every Cwner shall have a non-exclusive right
and easement of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every Lo't r subject
to the following provisions:
(a) The right of the Association to charge reasonable
admission and o-:'hcr fees for the Use of any recreational facility
situated upon the Common AreJ.i
(b) The right of the Association to suspend temporarily
the voting rights and right to use of the recreational facilities
by an Owner for any period during which any assessment against
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his Lot remains ~npaidi and for a period not to exceed thirty (30)
days for any infraction of its pub~ished rules and regulations
after hearing by the Board of Directors of the Association.
(c) The right of the Association to dedicate or transfer
all or any part of the Conunon Area to any public agency, authority,
or utili ty for "such purposes ilnd subj ect to such condi tions as may
be agreed to by the members. No such dedication or transfer shall
be effective except upon the vote or written assent of t~o-thirds
(2/3) of the total voting power of the Association.
(d) The right of the Association to promulgate rules and
regulations to ensure reasonable use of the Common Area.
Delegation of Use
Section 2.02. Any owner may delegate, in accordance with
the Bylaws, his right of enjoyment to the Common Area and facilities
to the members o'f his family, his tenants, or contract purchasers
who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 3.01. Every Owner of a tot which is subject to
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separated 'from ownership of any tot
which is subject to assessment.
Section '3.02. The Association shall have two classes of
voting membership:
Class A
Class A members shall be all Owners with the exception of
the Declarant and shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such
persons, shall be members. The vote for such Lot shall be exercised
as they among themselves dete~TIine, but in no event shall more than
one vote be cast with respect to any Lot.
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Class B
The Class B member shall be the Declarant and shall be
entitled to three (3) votes for each Lot owned. The Class B
membership shall cease and be converted to Class A membership on
the happening of any of the following events, whichever occurs
earliest:
(a) When the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B
membership;
(b) Two (2) years from the date of the issuance of the
most recent Public Report for a phase of the overall development; or
(c) On June 1, 1981.
~ ARTICLE IV
COVENANT FOR l1AINTENANCE ASSESSl'-1ENTS
Creation of the Lien ~Dd Personal Obligation of Assessments
Section 4.01. The Declarant, for each Lot owned within the
Properties, hereby covenants, and each Owner of any Lot by acceptance
of a deed therefor, whether or not it shall be so expressed in such
deed, is Aeemed to covenant and agree to pay to the Association:
(1) annual assessments or charges, and (2) special as?essments for
capital improvements, such assessments to be established and collected
as hereinafter provided. The annual and special assessments, to-
gether with interest, costs, and reasonable attorney's fees, shall
be a charge on the Lot, and shall be a continuing lien upon the
property against which each such assessment is made. Each 'such
assessment, together with interest, costs, and reasonable attorney's
fees, shall also be the personal obligation of the person who was the
Owner of such property at the' time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to his
bona fide and for value successors in title unless expressly assumed
by them.
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Purpose bf Assessments
Section 4.02. The assessments le~ied by the Association
shall be used excJusively to promote the recreation, health, safety,
and welfare of the resident~ in the Properties and for the imp~ove-
ment and maintenance of the Common Area, and of the homes situated
upon the Properties.
Maximum Annual Assessment
Section 4.03. Until January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum
annual assessment shall be $ per Lot.
(a) From and after January 1 o:E ·the year immediately followins
the conveyance of the first Lot.to an Owner, the maximum annual assess-
ment may not be increased each year more than ten percent (10%) above
the maximum assessment for the previous year, and no special assess-
ments to defray the costs of any action or undertaking on behalf of thE
Association which in the aggregate exceed five percent (5%) of the
budgeted gross expenses of the Association for that fiscal year may be
made without the vote or the written assent of a majority of Class A
members. Every general special assessment shall be levied on the same
basis as that prescribed for regular assessments. These provisions
regarding special assessments do not apply in the case where the
special assessment is a remedy used by the Board to reimburse the
Association for costs incurred in enforcing compliance with the
governing instruments.
(b) The Boarj of Directors may fix the annual assessment at
an amount not in excess of the maximum.
Special Assessments for Capital Improvements
Section 4.04. In addition to the annual assessments authorizec
above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying,
i~ whole or in part, the cost of any construction, reconstruction,
repair, or replacement of a capital improvement upon the Common Area,
including fixtures and personal property related thereto, provided thai
any such assessment shall have the vote or written assent of fifty-one
percent (51%) of each class of members.
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No tice and Quorum Por Z\.ny hc tion 1\ u thor i zed Und'2r Sec tions 4.03, 4.0 tl
Section 4.05. 1\ny action authorized under Section 4.03 or
4.01 shall be taken at a meeting called for that purpose, written
notic'2 of which shall be sent to ull members not less than thirty (30)
nor more than sixty (60) days in advc\nce of the' moeting. If the pro-
posed action is fuvored by a majority of the votes cast at such meeting,
but such vote is less than the requisite fifty-one percent. (Sl~,) of
each class of In(:cmbers, mombers who \.;ere not present. in porson or by
proxy may give their assent. ill writing, provided the sume is obtained
by the appropriate officers of the Association not later than thirty (30)
days from the Gate of such meeting.
Uniform HZlte of Ass:.:?ssrnent
Section 4.00. Doth annual and special assessments must be
fixed at a uniform rate for all Lots Zlnd may be collected on a
monthly basis. The Declarant and his successor in interest, if ilny,
is an Owner subject to puYlClent of the abovl~ for the interests he o\vns.
Date of COJTUnenCL'lll(;nt of Annual A:3sessrnents: Due Diltes
Section 4.07. The unnuul ussessrnents for ull phuses provided
for herein shull commenCE; as to all Lots on the first duy of the month
following the conveyunce of the Common Area. The first annuul ussess-
ment shall be adjusted according to the number of months remuining in the
calendar yeur. The Board of Directors shull fix the amo.unt of the annuul
assessment againsl each Lot at leust thirty (30) duys in udvance of each
annuu1 assessment period. Written ~oticc of the annual assessment
shall be sent to every Owner subject thereto. The due dates shall be
established by the Dourd of Directors. 'The Association shall, upon
demand, and for il reusolluble charg'2, furni~jh a certificilte siCJned by
un officer of the Association setting forth whether the assessments
on a specified Lot have been paid.
~~r[_~ct c~ Nonpuymcnt of Assessments:
Ref.led ies of the l~s soci a tion
Section 4.08. J\II1' us';e:::;~:imcnt not p<1icl vli.thin thirty (JO)
duys after the due date shall beur interest from ~he due date at
the rate. of seven percent (7 %) per unnum. '1'110. As s'oci a tion may hd ng
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an action at law against the Ownor p(~rsonally obligated to pay th(:"
sam~ and/or foreclose the lien against the property. No Owner may
waive or otherwise escape liability for the assessments provided
for herein by nonuse of the Comrnon Area or abandonment of his Lot.
Subord.i_nati<?~1 __ of tho Licn to Mortgages
Section 4.09. Tho lien of the assessments provided for
herein shall be subordinate to the lien o~ any first mortgage made
in good faith and for value. Sale or transfer of any Lot shall
not affect the assessment lien. However, the sale or transfer of
any Lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof, shall extinguish the lion of such assessments as to pay-
ments which became due prior to such sale or transfer. No sale
or transfer shall relieve such Lot from liability for any assess-
ments thereafter becoming due or from the lien th.ereof.
Exempt Property
Section 4.10. All properties dedicated to, and accopted by,
a local public authority and all properties owned by a charitable
or nonprofit organization exempt from taxation by the laws of the
State of California shall be exempt from tho assessments created
herein. However, no land or improvements devoted to dwelling use
shall be exempt from said assessments.
ARTICLE V
APCHITECTURAL CONTROL
Section 5. 01. Architectural Cor1 l:rol Corruni t tee
(a) There shall be an Architectural Control Committee
consisting of not loss than three (3) nor more than five (5) persons.
(b) The Declarant may appoint all of the original members
of the Committee and all replacem,ents until the first anniversary of
the issuance of a public report for the sube:1ivision. The Declarant
may reserve to himself the power to appoint a majority of the members
of the Committee until ninety percent (90%) of all tho subdivision
interests in the overall development have been sold or until the fifth
anniversary of the i$suance of the final public report for the first
(or only) phase of the subd~vision, whichever first occurs.
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,r, (c) After one year from the date of the sale of the first
subdivision interest, the Board of Directors of the Association shall
have the power to cJ.PPOil1t one member of the Archi lectural Control Comrni : ..
tee until ninety percent (90%) of all of the subdivision interests in
the overall development have been sol~ or until the fifth anniversary
date of the issuance of the final public report for the' first (or only)
phase of the subdivision, whichever first occurs. Thereafter, the
governing body of the l\~,sociiJ.tion shiJ.ll have the power to appoint all
of the members of the ArchitecturcJ.l Contro] Committee.
(d) Members iJ.ppointed to the Architectural Control Con~ittee
by the Board of Directors shall be from the membership of the l\ssocia-
t.ion. Members of the Corillni ttE:~e appoin ted by Decla.rant need not be
members of the Association.
Sectioll 5.02.
tion or _~!:2:r:(:J_~ J.~._!:..~E? ___ exter ior of a.ny huildin<], fence, wall, __ or othgE
structure erected iJ.nd pliJ.ced upon any Lot or upon the Comsnon .. Area ,nor.
make any altercJ.tion, modi£i~ation or chiJ.nge as to any tree, s)lrub,
plant or other landscaping upon anj! Lot 0r. __ uPc:~ __ tl~2:._S:.~rrlrl:on AreQ, unless
and until such change shall have Leen approved in writing by the then ----
Owners of all (100%) of the Lots in the subdivision. as to qualit.y
of workmanship and mateJ:ials, harmony of: exterior design wil:h existing
s_:truc,tures,. -,~nd __ a_s_ .. ~C? location wi th respect to toposr<lphy and finish
.. _. ---.-.. -----------_._----------_.-... _. ----. ----------_._--------}
grade elevations.
5.02.1. The chang ing of the interio.r .. des ign,1---. --"--... ----------.---._. ----------.
that such change is not visible from outside of such building shall
not constitute "a ltc;ration" within the meaning of Paragraph 5.02.
Section 5.03. Decisions of the Committee under this l\rticle
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s11a.ll be solely advisory in nature and not binding except upon the
w r itt e n ass (" n t 0 faIl (10 0 ~i) a £ t. h e Ow n e r s . The Committee's approval
or disilpproval shull be in vn.-itinc:r. In tbe eve::nt the Conuni ttee fails
to recommend approval or recommend disapproval within thirty (30) days
after plans, spe::cifications and plats have been submitted to it, such
[a il ure \'1 ill cons ti tu te nei ther a reconuncnded approve11 nor a recom-
mended disapproval.
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ARTICLE VI
USES
Section 6.01. No outdoor television or radio antenna
shall be erected, altered, placed or permitted on any of the Lots or
on the Con®on Area without the prior approval or consent thereto of
the Board.
Section 6.02. The Common Area shall not be used except for
the purposes of ins~alling, erecting, constructing and maintaining
thereof (i) swimming pool(s), tennis court(s) and other recreational
facili ties, (ii) grass, flowers, shrubs, trees and other landscaping
appurtenances, (iii) utilities' transmission facilities, provided the
same (except for transformer boxes and similar equipment not erected
on poles, derricks or similar supports) are installed underground,
(iv) streets, roads, sidewalks and paths for vehicular and pedestrian
ingress and egress and parking and the usual and normal appurtenances
thereto and (v) directional signs.
Section 6.02.1 The Common Area shall be used
as open space and for recreational facilities for the usc and benefit
of the members of the Association and their guests.
Section 6.03. None of the Lots shall be used except for
residen~ial purposes; no building shall be erected, altered, placed
or permitted to remain on any of the Lots other than one single-
family dwelling and a private garage for automobiles.
Section 6.04. As to each Lot and Common Area:
6.04.1. No improvement shall be erected, alterec
placed or permitted to remain in violation of any applicable ordinance.'
6.04.2. No structure of a temporary character,
basement, shack, garage, or other outbuilding shall be used for resi-
dential purposes either temporarily or permanently.
6.04.3. No truck trailer, boat or camper shall
be permitted to remain, unless the same be within a garage.
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6 .04.4. No animuls or birds or any kind _~llalJ,_
be ruised, bred or kept, excepting household pets. Solely as a house-
hold pet, each Owner shall be restricted and limited to no more than
three (3) _ sma~l a?9 s (-:;ach not to exceed thirty (30) pounds) , and/or no _.
more thun two (2) bi rds, anc./or. __ nomore than one (1) cat und/or other _
species of domesticated pet.
G.04.5. No noxions or offensive activities
shall be carred on, nor shall anything be done which may be or may be-
come an annoyance or nuisance; normal and usual construction activities
associat~d with the installation or repair of any improvement permitted
by this Declaration shall nol constitute noxious or offensive activity
or any annoyance or nuisan-:::e within the meaning of this Paragraph.
6.04.6. No oil drilling development opera-
tions, oil refininy, qUilrrying, or mining operations of any kind shall
be permitted, nor shall oil wells, tanks, tunnels, or mineral cxcava-
tions or shafts be permitted. No derrick or other structure designed
for use in boring oil or natural gas shall be erected, maintained or
permitted.
ARTICLE VII
EXTERIOR MAINTENANCE
Section 7.01. In the event an O\·mer 6f any Lot in the
Properties shall fail to maintain the premises and improvements
situated thereoh in a manner satisfactory to the Board of Directors, the
Association, after opproval by two-thirds (2/3) vote of the Board of
Directors, shall have the right, through its agents and employees,
to enter upon sai~ parcel and to repair, maintain, and restore the Lot
and the exterior of the bui1dinys and any other improvements erected
thereon. The cost of such exterior ma.intenance shall be added to and
become part of the Cl3sessment to which suell Lot is sub:iect.
Section 7.02. In Lhe event of dall1<'lge or destruction to
improvements upon on 0\'111(,):' s Lot, the Owner thereof shall recon-
struct the same as soon ClS reasonably practicable ~nJ substantially
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in accord with the origin~l pl~ns and specifications therefor;
provided, however, that any such Owner may, with the written consent
of the Board of Directors of the corporation and the Architectural
ComIni ttee·-,·. recons truct or repair his improvements purs uan t to new
or changed plans and specifications. In the event the Board of
Directors and. Architectural Committee fail to approve or disapprove
such changed plans and specifications within sixty (60) days of the
receipt thereof, they shall be deemed to have been approved.
ARrrICLE VIII
COHJl10N AREA -CONVEYANCE AND H1PROVEMENTS
Conveyance to Association
Section 8.01. The Common Are~ shall be conveyed to the
Association coincident with the conveyance by Declarant of the first
Lot to an Owner. Each Owner of a Lot shall h~ve a one-sixth (1/6)
undivided interest in the Common Area. Declarant may reserve e~se-
ments in the Common ]\rea unto itself f6r a reasonable duration for
common driveway purposes, for drainage and encroachment purposes,
and for ingress to and egress from the Common Area for the purpose
'of completing improvements or for necessary repair work and for entry
onto adjacent property in· connection with subsequent phases of the
Project.
Completion of Improvements
Section 8.02. If planned Common Are~ improvements included
in the subdivision offering have not been completed prior to the
issuance of the Public Report and the Association is the obligee
under a Bond or other arrangement to secure performance of Declarant
to complete the improvements:
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8.02.1. The Board of Directors shall consider
and vote on the question of action by the Association to enforce the
ob~igations under the Bond with respect to ~ny improvement for which
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a Notice of Completion has ·not been filed within sixty (60) days
after the completion date specified, for th&improvement in the
Planned Construction Statement appended to the Bond. If the
Association has given an extension in writing for the completion of
any Common Area improvement, the Board of Directors shall be directed
to consider and vote on the aforesaid question if a Notice of Com-
pletion has not been filed within thirty (30) days after the expira-
tion of the extension.
8.02.2. A special meeting of members for the
purpose of voting to override a decision by the Board of Directors
not to initiate action to enforce the o~ligntions under the Bond or
on the failure of the governing body to consider and vote on the
question. The reeeting shall be required to be held not less than fif-
teen (15) days nor more than thirty (30) days after receipt by the
Board of Directors of a petition for such a meeting signed by members
representing a prescribed percentage of ten percent (10%) of the
total voting power of the Association.
8.02.3. A vote by members of the Association
other than the subdivider a~ the special meeting called for the purpose
set forth in 8.02.2. above.
8.02.4. A vote of a majority o~ the voting powe
of the Association resijing in members other than the Declarant to
take action to enforce the obligations under the Bond shall be deemed
to be the decision of the Association and the Board of Directors shall
thereafter implement this decision by initiating and pursuing appro-
priate action in the name of the Association.
Damage or Destruction of Common Area -Condemnation
Section 8.03. If any improvements on the Common Area are
damaged or destroyed by fire or other casualty, then:
8.03.1. If the cost of repairing or rebuilding
does .not exceed the amount of available insurance proceeds by more
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than One Thousand Dollars ($1,000.00), the Board of Directors of the
Association shall thereupon contract to repair or rebuild the damaged
portions of the Corrunon Area substantially in accordance with the
original plans and specifications therefor.
8.03.2. If the cost of repairing or rebuilding
exceeds the amount of availab10 insurance proceeds by mora than One
Thousand Dollars ($1,000.00), and if the members of the Association
holding in aggregate more than fifty percent (50%) of the voting power
agree to the repair or restoratioD of the project, then tho Board of
Directors of the Association shall contract as provided in Section
8.03.1. above. If said members do not so agree, then all insurance pro-
ceeds shall be paid to the account of tho Association to be lleld for the
benefit of the Owners and/or their mortgagees as their respective
interests shall appear.
8.03.3. If a bid to repair or rebuild is accept·
the Board of Directors shall levy a special assessment in proportion to
the interest of each Owner in the Common Area to make up any deficiency
between the total insurance proceeds and the contract price for such
repair and rebuilding, aLd such aJsessment and all insurance proceeds,
whether or not subject to liens of mortgagees, shall be paid to the
account of the Association to be used for such rebuilding.
8.03.4. If all or any portion of the Common
Area is taken by any governmental body or agency under its power of
eminent domain (or threat thereof) then ~ll compensation and awards
paid by the condemnor shall be paid to the account of the Association,
to be held for the benefit of the Owners and/or their mortgagees as
their respective interests shall appear.
ARTICLE IX
Bn.EACH
Section 9.01. A breach of any of the covenants, conditions
and restrictions contained ip this Declaration which is not cured
within"fifteen (16) day~ from the date notice of such breach is
given by the Board of Directors or Declarant to the Owner on whoSE~
Property such breach occurs, or whose act or omissiol1
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constitutes such breach shall give to Declarant, any Owner and
the Board of Directors or its successors the remedies hereinafter
set forth.
Section 9.02. A breach as set forth in Section 9.01 above
and the continuation of any such breach may be enjoined, abated or
remedied by appropria~e proceedings in law or equity by any Owner,
by Declarant or the successors in interest of Declarant or by the
Board of Dire=tcrs. It is hereby agreed that damages at law for
such breach are inadequate.
Section 9.03. The results of every act or omission which
are a breach as set forth in Section 9.01. above are hereby declared
to be and constitute a nuisance, and every remedy allowed by law
or equity against a nuisance, either public or private, shall be
applicable against every such resvlt and may be exercised by any
Owner, by Declarant or i~s successor in interest as the Owners of
said right of re-entry, or by the Board of Directors.
Section 9.0~. The remedies herein provided for breach
of the covenants contained in this Declaration shall be deemed
cumulative, and none of s 11ch remedies shall be deemed exclusive.
Section 9.05. The failure of Declarant, the Board of
Directors or any Owner to enforce any of the covenants contained
in the Articles of this Declaration shall not constitute a waiver
of the right to enforce ~hc same thereafter, nor shall such failure
result in or impose any liability on Declarant.
Section 9.06. A breach of covenants contained in the Articles
of this Declaration shall not affect or impair the lien or charge of
any bona fide mortgage or deed cf trust made in good faith and for
value on any property; provided, however, that any subsequent Owner
of such property shall be bound by said covenants, whether such
Owner's title was acquired by foreclosure or in "a trustee's sale or
otherwise. A lender who acquired title by fo~eclosure or deed in
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lieu of foreclosure shall not be obligated to cure any breach
of the covenants which occurred prior to such acquisition of
title if such breach was or is noncurable or was a type of breach
which is not practical or feasible to cure.
ARTICLE X
GENERAL PROVISIONS
Enforcement
Section 10.01. (a) The Association, or any Owner, shall have
the right to en~orce, by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of the Declara-
tion. Failure by the Association or by any Owner to enforce any
covenant or restriction herein contained shall in no event be
deemed a waiver or the right to do so thereafter.
Section lO.Ol(b) Tnere is no purported power in the Asso-
ciation to cause a forfeiture or abridgement of an owner's rights
to the full use and enjoyment of his individually-owned subdivision
interest on account of a failure by the owner to comply with provisions
of the governing instruments or of duly-enacted rules of operation
for common areas and facilities except where the loss or forfeiture
is the result of the ~udgment of a court or a decision arising out
of arbitration or on account of a foreclosure or sale under a power
of sale for failure of the owner to pay assessments levied by the
Association.
Section lO.Ol(c) The Board may impose moneta~y penalties
temporary suspensions of an owner1s rights as a member of the
Association or other appropriate discipli.ne for failure to comply
with the governing instruments provided that the accused is given
notice and the opportunity to be heard by the Board with respect
to the alleged violations before a decision to impose discipline is
reached.
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Severability
Section 10.02. Invalidation of anyone of these covenants
or restrictions by judgment or court order shall in no wise affect
any other provisions which shall remain in full force and effect.
Amendment
Section 10.03. The covenants and restrictions of this
Declaration shall run with and bind the land, foi a term of twenty
(20) years from the date L11is Declaration is recorded, after which
time they shall be auto~atically extended for 'successive periods
of ten (10) years. This Declaration may be amended by the vote or
written consent of members representing sixty-six and two-thirds
percent (66-2/3%) of the voting power of both classes of membership,
However, the percentage of voting power necessary to amend a specific
clause or provision shall not be less than the prescribed percentage
of affirmative votes required for action to be taken under that
clause. Articles or Bylaws may be amended by the vote or written
consent 01 members represen~ing not less than fifty-one percent (51~)
of a quorwn of members other than the subdivider and not more than
fifty-one percent (51%) of the voting power of the Association
residing in members other thcJ.n the subdivider, subject only to the
qualification set forth above with respect to particular,provisions
containing prescribed percentages of voting power required for action
to be taken.
Annexation
Section 10.04. (a) Additional land adjacent to the subject
real property may be annexed by the Declarant without the consent of
the members within three (3) years of the date of this instrwnent.
Section 10.04. (b) 'l'hereafter, provisions to effect annexa tic
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of other real property to the ~xisting subdivision shall require the
vote or written assent of not less than sixty-six and two thirds
percent (66-2/3%) of th~ total votes residing in Association members
other than the Declarant unless the proposed annexation is in con-
formance with a plan of phased or staged development which is set forth
in detail herein for the first phase of the subdi~i~ion. A plan for
annexation for a phased or staged development will not be approved
unless the Declarant has demonstrated to the satisfaction of the
Commissioner that the proposed annexation will not result in the
overburdening of common interests and shall ordinarily include the
following limitations on the power of the subdivider to Clnncx real
property to the existing subdivision without approval of the owners
other thCln the subdivider as set forth above:
(A) The reCll property subject to annexation shall be
identified by legal description.
(B) The proposed Clnnexation must be effected prior
to the third anniversary of the original issuance of the
most-recently-issued public report for a phase of the
development.
Section 10.04 (c) Annexation without the approval of owners
other than the Declarant ~ill not ordinarily be permitted by the
Commissioner unless the Declarant has demonstrated to the Commissioner'
satisfaction that the proposed annexation will not result in a sub-
stantial increClse in assessments against existing owners which was
not disclosed in subdivision public reports for the phases of the
subdivision in \lhich the existing owners purchased subdivision
interests.
Section 10.04 (d) "Declarant may at a future time or times
expand the project to include Phase 2 and/or Phase 3 so as to pro-
vide for additional single family residential units similar in
construction and "desigri to the units constructed in"Phase 1. It
is estima ted tha t Phase 2 will contain approximately two (2) single
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family units and that Phase 3 will contain approximately six (6)
singl~ family units, each of which shall complement the units in
Phase I so that all of the residential units within the cxpanJed
Project shall constitute an integrated and architecturally balanced
Project. If, and when, at such time as Phase 2 and/or Phase 3 is
included in the Project, the Project shall be referred to as the
"Project as Expanded." By reason thereof, Declar'ant hereby states
that he may, in connection with the contemplated expansion of the
Project, to include the property encompassed in Phase 2 and Phase 3
so as to provide for the imposition on such property at such time
as the Project is expanded, of mutually beneficial restrictions
under the general plan of improvement for the benefit of all of the
residential units in the Project as expanded, and their then future
Owners and to provide for the reciprocal restrictions and easements
among, and for the bellefit of, all of the units and Owners in the
Project as Expanded. Therefore, Declarant hereby declares that at
such time as the Project is expanded to include Phase 2 and/or Phase
3, subject to the conditions precedent set forth below, such parcels
so included in the Project as Expanded shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, and
improved subject to the foregoing covenant~ conditions ahd restric-
tions set forth in this Declaration of C6venants, Conditions and
Restrictions, all of which are hereby declared and agreed to be in
furtherance of a mutual plan for the improvement and sale of the
units in the Project as Expanded and are hereby established and
agreed upon for the purpose of enhancing and perfecting the value,
desirability; and attractiveness of all the property in the Project
as Expanded, as follows:
Section 10.04 (e) The project may be expanded, if at
all, prior to expiration of three (3) years after issuance by the
Department of Real Estate of a Final Subdivision Public Report
cove~ing the Project. The provisions of this paragraph shall become
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~-------~
effective upon, but not before, the recording in the Office of the
County Recorder of San Diego Count~, California on or before three
(3) years after issuance of a Final Public Report of a certificate
signed and,acknowledged ty Declarant which (i) describes the Project,
as Expanded; (ii) refers to tllis Declaration of Covenants, Conditions
and Restrictions; and (iii) declares that it is desired and intended
that the provisions of this paragraph shall become effecitve and,
therefore, that the Declaration of Covenants, Conditions and Re-
strictions shall apply to and affect the Property described in the
Certificate. Declarant reserves the right at any time and from time
to time, without requesting or receiving the consent of the then
Owners of any portion of the Real Property with which this Declara-
tion of Covenants, Conditions and Restrictions is concerned, to re-
subdivide, amend the subdivision map, modify, alter or othelwise
change details of the Project.
Restrictions of Alienation
Section 10.05. (a) Any provision in any of the governing
instruments of the Associati0n which purports to restrict or abridge,
whether directly or indirectly, the right of any OWner to sell or
lease his subdivision interest must include uniform, objective
standards for invoking the restriction upon sale or lease, none of
which shall be based upon the race, color, creed, national origin
or sex of the vendee or lessee.
Section 10.05. (b) If the Owner gives notice to the
Association of the terms of a bona fide offer by a person who does
not meet the ~rescribed standards and of his intention to accept
the offer, the Association may have a period of not to exceed
fifteen (15) days after receipt of the notice to procure or to make
an offer on terms not less favorable to the Owner than the terms
of the offer of the person failing' to meet the prescribed standards.
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Section 10.05. ( c) If the Association does not procure
an offer or make an offer on its own behalf within fifteen (15)
days after receipt of the aforesaid notice, the restrictions shull
be deemed waived and the Owner may thereafter sell to any person
provided that the terms of sale ure not less favorable to him than
the terms of the original offer which failed to meet the prescribed
standards.
IN WITNESS ~'lHEREOF, the unders igned, being the Declarunt
herein, has hereunto set its hand and seal this day of
, 1977. -----------------------
GREENCASTLE LTD.,
a California corporation
Dy __ ~ __________ ~.~ ________________ __
Robert S. Philips, President
D Y _______ -::----:=
Maureen A. Philips, Secretary-Treasurer
STAT:C OF CALIFORNIA ),
) s s .
County of San Diego )
On , 1977, before me, the under-
signed, a Notary Public in and for the County of San Di~go, State of
California, residing therein, duly commissioned and sworn, personally
appeared ROBERT S. PHILIPS and Ml\.UREEN A. PHILIPS, known to me to be
the President and Secretary-Treasurer respectively of the corporation
that executed, the within instrument, and also known to me to be the
persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed
the within instrument pursuant to its Bylaws or a resolution of its
Board of Directors.
IN WITNESS WHEREOF, I have set my hand and affixed my official
seal the day and year first above written.
Not.ary Pub 1 ic
(Sf.::AL)
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4 ,
LEGAL DESCRIPTION:
Lots 1-7, Carlsbad Tract No. 77-3 (Tara La Costa)
being a subdivision of Lots 187, 188 and 189, of
La Costa Valley unit No.4, in the City of Carlsbad,
County of San Diego, State of California, according
to Map thereof No. 5781, filed in the office of the
County Recorder of San Diego County, California
September 14, 1966.
EXHIBIT "A"