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HomeMy WebLinkAbout1977-05-17; City Council; 2207-6; C.C.&R'S PALOMAR AIRPORT BUSINESS PARKI In i ti a.1 : -9 (I) CITY 01 ,AR.LSBAD AGENDA BILL NO. *g Dept. tid. DATE : Play 17, 1977 City Atty DE P ,4 R T M E N T : PLANNING City Mgr. SUBJECT : C.C.&Rs, PALOMAR AIRPORT BUSINESS PARK. -_. STATEMENT OF THE MATTER REQUEST: As explained in the attached memo to the City Manager, the City was never made a part of the C,C.&Rs, of then Cabot, Cabot, & Forbes Industrial Park as was originally agreed upon by both parties. The new owner, Palomar Airport Bus- iness Park, has agreed to make the City a part of the C.C.&R: as originally agreed upon. The attorney for the park has drafted such amendment for you: consideration. Staff has reviewed this amendment to the C.C and recommends that it be recorded. EXHIBITS : Memo to City Manager, dated May 3, 1977. Exhibit "A" dated, April 1, 1977 (Draft C.C.&Rs Amendment). City Council Resolution Nos&@, approving the amendment to the C.C.&Rs. RECOMMENDATION: It is recommended that Resolution NO. , be aCtopted the approving the amended C.C.&Rs of Palomar Airport Business Pa City Council also directs staff to assure that the above ame is duly recorded and copies are forwarded to the City for ou /- . Council action 5-17-77 Resolution N5081 was adopted, approving an amendmer the Declaration of Covenants and Restrictions, Pal( airport Business Park. FORM PLANNING 73 e 0 MEMORANDUM - MAY 3, 1977 TO : PAUL BUSSEY, CITY MANAGER FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR RE : C.C.&Rs, PALOMAR AIRPORT BUSINESS PARK. When the City approved the tentative tract map for the Cabot Cabot and Forbes subdivision, (CT-73-49) the applicant and t agreed that there would be no need for a specific plan on tl property if the City was made part of the C.C.&Rs. This WOI give the City the ability to review conditions or deny any c elopment that was at variance with the C.C.&Rs. The City fc this necessary since the P-M zone has no restriction on the of building that can be constructed . Cabot, Cabot & Forbes indicated that no metal building woulc permitted in this park and such prohibition is contained in the C.C.&Rs even though they are permitted by City Code. Hc when the City protested the construction of the metal roofec structures at Anthony Pools, we were informed that the C.C.6 not contain wording permitting the City to participate in tl: variance to the C.C.&Rs. Staff contacted Palomar Airport Business Park to amend the C to make the City a party to reviewing any variance to the C. Attorney for Palomar Airport Business Park agreed and have E to the City an amendment to the C.C&Rs (See attached Exhibit This amendment contains wording permitting a disapproval by of an application to vary the standards of the C.C&Rs. This satisfactory to planning staff. If satisfactory to the Citl staff will inform the attorney to have them recorded and rec documents be returned to City for our files. BP:JCH:ar - .- ,& - 3 2 3 4 5 6 '7 a 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 0 -_ RESOLUTION NO 5081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS, PALOMAR AIRPORT BUSINESS PARK. CASE NO: CT 73-49 The City Council of the City of Carlsbad, California hereby resolve as follows: 1) That this certain amendment to the Declaration c Covenants and Restrictions of the Palomar Airpor Business Park making the City of Carlsbad a part said Declaration, a copy of which is attached he marked Exhibit "A" and made a part hereof, is hc approved. That the Mayor of the City of Carlsbad is hereb; authorized and directed to execute said amendme and on behalf of the City of Carlsbad. 2) PASSED, APPROVED AND ADOPTED at a regular meeting o Council of the City of Carlsbad, California, held on the day of May AYES : NOES : None ABSENT : , 1977 by the following vote, to wit: Councilmen Frazee, Lewis, Packard and Councilwoman Casler Councilman Skotni ki Y&c d3,@ ROBERT C. FRAZEE, M or ATTEST: d YdU I @!$& E. ADMS, City Clerk (SEAL) 0 f;.. . , 4UN i It Sf F !*!HEN RECORDED RETUPN TO: City of Carlsbad 1200 Elm Avenue Carlsbad, California 97008 ____-_______ (Space above this line for Recorder's Use) AMENGMENT TO DECLAWTION OF COVENANTS AND RESTRICTIO? ---___- -_ THIS AMENDMENT is made and executed as of tl: *13.,Ad day of - 11) "J" , 1977 by Palomar Airport - cx Business Park, a California general partnership ("PABP WITNESSETH : WHEREAS, a Beclaration of Covenants and Rest (the "Declaration") was recorded OctGber 1, 1974-at- Fi No. 74-263897, Book 1974, Official Records of San Dieg County, California covering certain real property in t County of San Diego, State of California, nore particu described -therein (the "Property") ; and WHEREAS, the Declaration subjects the Proper mutually beneficial restrictions under a general plan improvement for the benefit of the Property, the imprc thereon and future owners thereof; and WHEREAS, PABP Gwns seventy-five percent (75% the Property based upon the number of square feet of t owned by PABP as compared to the total number of squar within the property: an3 WHEREAS, PABP desires to amend the Declarati in accordance with Paragraph D.6. thereof in order to . C'ity of Carlsbad as an entity which will exercise c6nt variances to the restrictions contained within the Dec NOW, THEREFORE, PABP hereby amends the Decla as follows: 0 0 l-d f * . 'I 1. The following is hereby added to the Decl as Subparagraph A.5. thereof: "5. 'The City' shall mean the City of Carlsba County of San Diego, State of California." 2. The following is hereby added to the Decl as Subparagraph C.5. thereof: "5. Notwithstanding anything to the contrary tained in this Paragraph 'IC", no waiver or va ance of the restrictions shall be effective u such time as the City has been provided with copy of a detailed variance. request, delivere by registered mail, return receipt requested, setting forth the intentions and reasons in r pect of the proposed variance and until the C has ten (10) days within which to advise the Approving Agent that it disapproves such vari provided that such disapproval shall be exerc in good faith by the City. The Approving Age shall not grant a variance hereunder until ei the ten (10) days referred to above has pass without comment from the City in writing or u the City has delivered to the Approving Agent written approval of the variance." 3. With regdrd to Subparagraph D.2Lr of the Declaration, the following words are hereby inserted at the end of the third line thereof: at the end of said subparagraph, the words "or the City "the City and/or"; -- hereby added thereto. 4. With regard to Subparagraph D.3. of the D tion, the following words are hereby inserted following words "Approving Agent'' in line 1 thereof: "the City or 5. With regard to Subparagraph D.6. of the D tion, the following language is hereby inserted followi word ''thereto" in the fourth line from the bottom of sa suhparagraph: - "provided, however, that no such termination, extension, modification or amendment shall be effective without the written consent of the City thereto. 'I -2- a 2 y Q $ known to me to be-DIX%L!lY city Clerk-BY of the corporation that executed the within Instrument, 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 by-laws or a resolution of its board of directors. WITNESS my hand and official seal. J. Signature ytxk.f, P \ e< &< GIL,q,%:,L - aaQssalmw~aln~lssrnm~~~~~~~ Fa r 's$# Notary Publ:c-~~~;'~~~j~ E E SAN DIEGO COUNTY ; ' MY Commissl7n ~xplres N~~ 24, 1978 a B~Trnl-aE~PIEaLP~~~~~~~~~~~~~~~~~~ QFFiClAb SEAL P E &% SHEILA B. TARVIN a ;:ipQ- acJ E %*r (This area for official notanal seal) 0 e . I’ .’ * p; D 62 IN WITNESS WHEREOF, this Amendment to Declara of Covenants and Restrictions is executed as of the dat first above written. PALOMAR AIRPORT BUSINESS PAR By: MB-PALOMAR, INC., a gen partner BY - STATE OF CALIFORNIA ) COUNTY OF &-~7 & &=, ) On a Notary Publm&and for said St Akio Kato, known to me to be the INC., the corporation that execut known to me to be the person who ment on behalf of the corporation therein named, said cc poration being known to me to be one of the partners of MAR AIRPORT BUSINESS PARK, the partnership that executec within Instrument and acknowledged to me that such corpc tion executed the within Instrument as such partner and that such partnership executed the same. )ss. -e )?7a ’ <2,34:-, 1977, before me, the under, onally appea and official seal. &LU 7%&’LL& NOTARY PUBLIC _- - Qaa. w. 6:h ST.. E3 fi.X5.~ AGREED TO AND APPROVED THIS 2,TdDAY OF Mu- , 1977 B THE CITY OF CARLSBAD - BY Its Mayor _-_ I t’ r* (The Acknowled&n City is to be attached.) * - 3- b I 2 1 ‘ ‘.