HomeMy WebLinkAbout1983-06-21; City Council; 7417; PACESETTER HOMES, INC. DEVELOPMENTAL IMPROVEMENT AGREEMENT-+TITLE: PACESETTER HOMES, INC.
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MTG. 6-21-83
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CIT~F CARLSBAD - AGEND~BILL
RECOMMENDED ACTION: ( /& /@ /2qL 1
Adopt Resolution No.'-" 1-*~~- F' alsproving the agreement with Pacesetter Homes, Inc. and authorizing the Mayor to execute it and to sign the
quitclaim deed mentioned therein.
ITEM EXPLANATION:
Pacesetter Homes, Inc. is required by a condition of their Coastal
Commission permit to construct a debris/sedimentation basin as part of their work in Subdivision 73-24 located south of Poinsettia Lane, west of Batiquitos Lane and east of Interstate 5. They must also
construct a drain line along Batiquitos Lane to the Lagoon.
Lot 17 of Tract 73-24 is suited for the purpose of that requirement and Pacesetter has proposed to construct the basin thereon. Lot 17 was deeded to the City of Carlsbad to be used as a park instead of
paying park fees. The deed was never recorded and according to the Director of Parks & Recreation, the City does not want the land.
In return for the issuance of a quitclaim deed by the City for Lot 17, Pacesetter Homes, Inc. has agreed to (1 ) pay to the City park-in-
lieu fees amounting to $739,200, (2) post a bond in the amount of
$350,000 to guarantee the construction of storm drains from the basin to Batiquitos Lagoon, and (3) post a bond in the amount of $5000 to guarantee perpetual maintenance of the faci 1 i ty by the Homeowners
Association.
The design of the storm drain and basin has been approved by the County Flood Control office and it has been determined to be consister
with the City's [\laster Plan of Drainage.
FISCAL IIIPPICT:
No cost will accrue to the City either for construction or maintenance of their facility,
EX!-IIBITS: __-
1. Agreement
2. Vicinity Map
3. Plat
4. Quitclaim Deed
5. Resolution No.'!? 2 '\ approving Agreement
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DEVELOPPEJT IiiPZOVEPIENT AGREEMENT
DATE OF AGREEPENT:
NAPE OF DEVELOPER: PACESETTER HOMES, INC.
NAME OF DEVELOP14ENT: DETENTION BASIN
TIME LIMIT FOR COMPLETION OF IXI?ROVEPIEN!DS : 18NONTHS
IIQROVEM?3NT DRAWINGS NO. :
ESTIMATED TOTAL, COST OF II4PROEMENTS:
SURETY AND BOND NO. : Fremont Indemnity Co. #OC300451
228-1
$350,000
THIS AGKEETGZNT is made and entered into by and betwe21
the CITY OF CARLSBAD, CALIFORXIA, a Municipal Corporation
of the State of California, hereinafter referred to as
"CITY"; and the Developer named on Line 2 of Page 1 hereof
hereinafter referred to as "PACESETTER."
RECITALS :
I\I?IEREAS, PACESETTER received a Coastal Permit Applica-
tion No. 6-82-428 to construct 260 residential condominium
units within CITY; and
WHEREAS, as a condition of the permit, PACESETTER is
required to construct offsite downstream improvements,
including a debris basin; and
WEEKEAS, the properties of PACESETTER drain toward thc
Batiquitos Lagoon; and
WHEREAS, PACESETTEB is wFlling to construct said
drainage facilities in accordance with the requirements of
the Coastal Permit; and
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m - UHEREAS, CITY has heretofore received a deed, which
was not accepted, for a 5.5 acre site located at Poinsettii
and Lagoon Lane, known as "Lot 17 of Carlsbad Tract No.
73-24, according to a map thereof No. 7996, filed in the
office of the County Recorder of said San Diego County"
(herein referred to as "Lot 17"), said deed received in
lieu of the required park fees for said tract; and
WHEREAS, CITY is willing to return said deed and
release its interest in Lot 17 to PACESETTER for use of
constructing the drainage facilities on condition that
PACESETTER pay to CITY park fees pursuant to Chapter 20.44
Qf the City Xunicipal Code, which would be due on the date
of this agreement, for Tract 73-24; which fees are in the
sum of $139,200; and
IEiEREAS, PACESETTER further agrees to provide for the
construction and maintenance of said drainage facilities;
NOW, THEMFORE, the parties agree as follows:
1. CITY does hereby quitclaim to PACESETTER all its
right, title, and interest to Lot 17.
2. PACESETTER, upon execution of this agreement, sha:
pay for the acquisition of Lot 17 the sui of $139,200 to
CITY.
3. PACESETTER does agree to construct drainage facil:
ties in accordance with the requirements of the California
Coastal Commission as contained in Application No. 6-82-421
and in accordance with plans and specifications prepared b;
the engineering firm of Buccola Engineering, Inc., and
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approved by CITY, and consistent with the City of Carlsbad
1980 Plaster Drainage Plan. The proposed plan for drainage
facilities, including a debris basin, shall be pursuant to
what is known as "Plan 6."
4. PACESETTER, in addition, shall provide a bond in
the amount of $350,000 to guarantee construction of the
drainage facilities, and further shall post a bond in the
amount of $5,000 to guarantee the maintenance of said faci
ties.
5. PACESETTER agrees to provide for the continual
maintenance of the debris basin. In the event that CITY
Engineer finds that conditions exist, because of anticipatc
flooding, indicating that maintenance of the desiltation
basin has not taken place, he nay give two weeks written
notice to PACESETTER to correct said condition. If, after
two weeks notice, the required maintenance of the desilt,
tion basin has not takea place, CITY may proceed with the
cleaning of the debris fron the basin, and the cost incurrc
by CITY shall be payable by PACESETTER.
6. PACESETTER further agrees that it will, as a con-
dition of approval of tract maps for the condominium units
provide in the covenants, conditions, and restrictions a
provision for a homeowners' association to impose fees in '
amount sufficient to provide necessary funds to maintain
said drainage facilities.
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7. The CITY recognizes that the benefited area, when
developed, will require the use of these drainage facilitic
CITY agrees that it will use its best efforts to impose, a:
a condition of necessary development approval, a requiremer
on such property owners to pay an appropriate share of the
future maintenance cost of such drainage facilities, unles:
and at such time as a public agency has agreed to accept
ownership of such facilities; it being specifically agreed
however, that CITY shall be under no duty to accept or
maintain such drainage facilities.
8. CITY agrees that it will use its best efforts to
secure reimbursement for PACESETTER from benefited develop1
who have not contributed to the cost of such facilities by
collecting an appropriate share of the cost of the constru
tion of these facilities; other than developers who ini-
tially have agreed to participate in such construction cos
for such purposes. PACESETTER agrees to certify to CITY i
total cost of acquiring and constructing such facilities a
shall, upon completion, advise CITY of such total cost and
of those developers who have participated in such cost.
Costs shall not include any amount paid for Lot 17. In nc
event shall CITY require any other developers to pay more
than the propoztionate share of such cost, with such pro-
portionate share to be based qon the gross acres of the
project utilizing such facilities, shared over the benefit
area as shown on Exhibit A, attached hereto and made a pal
hereof.
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the undersigned, a Notary Public in and for said County and State,
personally appeared ~eonard F * Goodman .
, personally
known to me or proved to me on the basis of SatLSfaCtoV evidence to be
the Sr . v - President, and
, personally
known to me or proved to me on the basis of satisfactory evidence to be
Secretary of the corporation that executed the wlth~
lnstmment on behalf of the corporation therein named, and &now-
ledg& to me that such corporation executed the wlthln instrument
pursuant to Its by-laws or a resolution of it's board of directors.
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FOR NOTARY SEAL OR STAMP
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IN WITNESS LJHEREOF, the parties hereto have executed
this agreement on the date first hereinabove Written.
PACESETTER HOMES, INC. jzf</#A>&- &TZd
E‘ONARD GOO WL~
@nior Vice President
(3otarial acknowledgenent of execution of Subdivider must be
attached.)
CITY OF CAXSBAD, a Nunicipal APFROVED AS TO FORM: Corporation of the State of
California
VIACENT F. BIONDO, JR. City Attorney FRiiHE- %--A3iESH3?33~- CTty-Hanager-
YARY E. CASLEP., Yayor
STATE OF CALIFOZiIA )
COUNTY OF SAN DIEGO )
On this day of , in the year 1983, before
m2 the uxidersigned, a Notary Public in and for said State,
personally appeared Frank D. Aleshire, known to me to be
the City Manager of the City of Carlsbad, a municFpa1
corporation of the State of California, known to me (or
proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument on behalf
o€ said municipal corporation, and acknowledged to me that
such City of Carlsbad, California, executed the same.
) ss.
IJITNESS my hand and official seal.
:;OThRY PUBLIC
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RESOLUTION NO. 7258
K E S 0 L UT 1 0 N A P P R 0 V I N G DE V EL 0 P C1 E N TA L A G R E E Vi EN T BETWEEN THE CITY OF CARCSEAD, CALIFORNIA, AND
PACESETTER HONES, INC. , AND AUTHORIZING MAYOR
TO EXECUTE.
WHEREAS, the City of Carlsbad, California, and Pacesett
Homes, Inc, have agreed that certain improvements are neces:
provide for storm drain protection.
WHEREAS, the said parties also agree that desiltation n
are required to protect the Batiquitos Lagoon in accordance
City of Carlsbad’s >laster Plan of Drainage.
WHEREAS, provisions have been made in the agreement for
maintenance of such facilities.
NOW, THEREFORE, BE IT RESOLVKD that the City Council 01
City of Carlsbad, California, does hereby approve the deveic
agreement between the City of Carlsbad and Patesetter Home5
and hei-eby authorizes the Nayor to execute the agreement on
of the City.
PASSKD, APPROVED AND ADOPTED by the City Council of tht
18lof Carlsbad at a regular niectincj held the xqj - day OF -3
I
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11.983, by the following vote, to wit:
AYES :
NOES: Nme
ABSENT: None
Comcil Yarrkxrs Casler, Lewis, Kulchin, Chick and Prescc
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WH /Li7 mkR, Mayor ATTEST:
i I?, &!-4o./ g q /’ [q +q&J&d7 , - ------..-A y XkTHA I-. RA EKIANL ity
, (SEAL)
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JULY 28, 1983
TO: CITY MANAGER
FROM: Assistant City Manager/Developmental Services
LOT 17, TRACT 73-24/QUITCLAIM
The City Council, on June 21, 1983, appr,oved
relinquishing city interests in lot 17 in
return for the payment of park-in-lieu fees. Copies of the agenda bill face, Resolution No. 7258 and the quitclaim deed are attached.
The quitclaim has been signed by the Mayor and
sent to the Coucty Recorder.
quitclaim and the original Corporate Grant
to the escrow agent.
The escrow instructions, as they pertain to the city, look O.K. for your signature. The
way J read them, it looks like we should get
the check for $i39,200 park-in-lieu fees at the
same time we give them the deeds.
A copy of the
Deed for lot 17 (attached) should be forwarded
-- --
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RONALD A. BECKblAN
RAB : pab
copy w/o attachments: Engineering File CT73-24
City Clerk Parks 6 Recreation Director
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1200 ELM AVENGE TELEPt
CAFILSBAD, CALlFOANlA 92008-1989 (619) 431
Office of the Ciry Manager
Citp of &aW~ab
July 29, 1983
John Vars, Escrow Officer
Safeco Title Insurance Company
Third at 'A' Street
P.C. Box 1590
Sari Diego, CA 32112
Escrow 3020C
Dear Mr. Vars:
In accordance with our telephone conversation this rmrning, I an having the signed documents in connection
with ESCIOX 30203 hand delivered to you today.
Enclosed you will find the oriyhal Corpration Grant
r'ced (OcziPent~l Land, Inc.) fc,r Lot 17, signed escrow
instructions, c3:py of the executed Quitclaim Deed,
which has 3lrez3y been forwarded to the County Recorder,
and other dccuzsnts in connection with the relinquishinq
of city iixerests in Lot 17 in return for the payment of
park-in-lieu fees.
At the clcse cf escrow it is my understanding that you
wiil be forwzriing a check in the amount of $139,200.00, to the at.ta-.tim of Frank Aleshire, City Manager.
Very truil- yours,
?f3, <<? -- i /. /-e ~ 1 ' /: - 11'51b P. 3YS"GC)T
Executive 2ssistan t
L3G
Enc .
cc: Enyine:c3riny File CT73-24
City Clerk
Parks and Recrmtion Director
r, II
Stephen L. Kanne Law Corporation
2029 Century Park East, Suite 3750 Los Angeles, California 90067 213-553-1185 or 213-879-5830
MEMORANDUM ----------
TO: Michael Howes, Planner, City of Carlsbad
FROM: Stephen L. Kanne
DATE: February 16, 1984
SUBJECT: Carlsbad Tract 73-24, Phases 11, I11 and IV
Dear Mr. Howes:
Please be advised that I represent the developer of the tract, Plaza Builders, Inc.
June 2, 1983, prepared by you and directed to "File CT 7
approving the CC&R's for Tract 73-24.
Some time ago I was provided with a copy of a memorandum
So that your file may be brought current, enclosed please copies of the instruments annexing Phases I1 and 111, and a
of thLe proposed instrument of annexation for Phase IV. Ea1 these three instruments incorporates into it by reference
CC&R's previously approved by you.
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Recording requested by, and
when recorded mail to:
PLAZA BUILDERS, INC., a corporation 16800 Devonshire Street, Suite 275 Granada Hills, California 91344
SUP PLENENTARY
DECLAR4TION OF COVENANTS, -
CONDITIONS AND RESTRICTIONS
THIS SUPPLENENTARY DECLARATION OF COVENANTS, CONDI'
day of AND RESTRICTIOHS is executed as of this _I_
1984, by PLAZA BUILDERS, INC., a corporation (hereinafter ref
to as "neclarant").
W I T N E S S E T H: __________
WHEREAS, Declarant is the owner of certain pro
(hereinafter referred t~) as the "Annexed Property") in the Ci
Carlsbad, County of San Diego ("said County"), Statc
California, described as:
Lots 120 to 133, inclusive, and 258 to 267, inclusive, of Carlsbad Tract
County of San Diego, State of California,
according to Vap thereof No. 7996, filed in the office of the County Recorder of
said County on August 5, 1974;
- No. 73-24, in the City of Carlsbad,
WHEREAS, Declarant will convey the Annexed Prc
subject to certain protective covenants, conditions, restric
reservations and easements as set forth in that CI
Declaration of Covenants, Conditions and Restrictions Establ
a Planned Development which was recorded on August 16, 198
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Instrument No. 83-288231, in Official Records of said County, s
an-y amendments thereto and any Supplementary Declarations recc
pursuant thereto (hereinafter collectively referred to as
I'Declaration'') specifically pursuant to the provisions of
Section entitled "Annexation Without Approval" of the Art
entitled "Integrated Nature of the Covered Property" of
Declaration.
NOW, THEREFORE, it is declared as follows:
1. All of the Annexed Property is hereby made sul
to all the terms, covenants, conditions and provisions as
forth in the Declaration ana specifically pursuant to
provisions of the Section entitled "Annexation Without Apprc
of the Article entitled "Integrated Nature of the COI
Property" of the Declaration to all intents and purposes as tt
said land were a part of the initial Covered Property as del
in the Declaration. The Declaration is incorporated by refe
herein and made a part hereof.
2. The recordation of this Supplementary Declar
shall constitute and effectuate the annexation of the An
Property, making said real property subject to the Declaratio
subject to the functions, ?ewers and jurisdiction of SEA
HOMEOWNERS ASSOCIATION, a California nonprofit mutual be
corporation (hereinafter referred to as the "Association")
provided in the Declaration, and thereafter said real pro
shall be part of the Covered Property as that term is definc
the Declaration and all of the Owners of Lots, as those term
defined in the Declaration, in the Annexed Property
automatically be Yembers of the Association and Owners unde
Declaration.
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3. All easements created, referred to and/or res
in the Declaration which relate to, pertain to and/or concer
Annexed Property shall be in full force and effect upon convt
of the First Lot in the Annexed Property to an Individual C
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provided, however, the provisions hereoE shall not be construe
invalidating any easements (including those which may affect
portion or portions of the Annexed Property) already existin)
which may hereafter come into existence had this Supplemen
Declaration of Covenants, Conditions and Restrict ions not
executed and recorded.
4. Declarant proposes to improve the Annexed Prop
by causing to be constructed on each of Lots 120 to
inclusive, and 258 to 267, inclusive, of said Carlsbad ‘I
No. 73-24 improvements containing a residential dwelling
related improvements .
5. Assessments shall commence as to each Lot withir:
Annexed property on the first day of the month follc
conveyance of the first Lot therein by Declarant to an Indivi
Owner.
6. At any time prior to the conveyance of the first
in the Annexed Property to an Individual Owner, this Supplemer
Declaration may be amended or cancelled in whole or in part by
execution by Declarant alone of an instrument of amendmen
cancellation, as appropriate, and the recordation thereof in
Official Records of said County.
IN WITNESS ITdEREOF, Declarant has executed
Supplementary Declaration as of the date above set forth.
-
PLAZA BUILDERS, INC., a corporati(
which acquired title as PLAZA BUIl
INCORPORATED, a corporation
By: its
By : its
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SUBORDINATION
The undersigned, Beneficiary under that certain Dee(
Trust recorded June 22, 1983, as Instrument No. 83-120g
Official Records, San Diego County, California, does he
consent to each and all of the provisions contained in
Declaration and in the within instrunent and does hereby a
that the lien and charge of said Deed of Trust shall be, an
hereby made, subordinate to, junior to and subject to
Declaration and to the within instrument, and to the entire ef
of each thereof.
Dated: , 1984.
CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIAT a corporation
By : - its
By: - its
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~tpYtJIffreLpl~mLE0 Phase IS
Recording requested by, and
when recorded mall to: F3-334004
PUZA BUILDERS, INC.,
Grand Bills, California 91344
md -
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a 16800 corporation Devonshire Strict, Suite 275
1983 SEP 2 0 AMMO
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SUPPLTlnEmfiY
DECLAUTXON OF COVERANTS,
COXDITZCNS AND BESTRICTIONS
THIS SUPPLWZNTARY DECLARATION O? COVZSANTS, CONDITION!
AND RESTRICTIONS irr executed as of this &day of September,
1983, by PLAW BUILDERS, MC., a corporation (hereinafter referrec
to arr "Declarant").
!lj E: f 2 e 2 g E 111:
WXE&EhS, Declarant is the owner of certain propert
(hereinafter referred to AP the "Annexed Property") in the City 0
Carlsbad, County of San Dlego ("said County"), State a
California, described as:
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c 'e No. 73-24, in the City of Carlabad, 'W
according to Hap thereof No. 7996, fllad '3
Lots 148 to 165, inclusive, and 285 to 292, inclusive, of C.rl8b.d Tract
County of San Diego, State of California,
in the offics of the Count Racorder of raid County on August 5, 1971;
'0 'yl
I
w, DeclarAnt will convey th krrrued Propar
aubject to certain protectivm COVenMt8, cmditloau, rrotrictioa
rO8e~atiOUr and earemant8 aa aet forth b tht mtta
Declaration of Covenants, Conditions and Reatrictlonr Establlohl
a Planned Devrlopmemt vhich WAS recotdad on Aqurt 16. 1983.
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Instrument No. 83-283231, in Official Records of said County. end
any amendments thereto (hereinafter collectively roferred to ai
the "Declaration") specifically pursuant to tho provi.Lons of thl
Sectioa entitled "Annexi.tion Without Approval" of tho Artich
entitled "Integrated Nature of the Coverod Property" of tht
Declaration.
NOW, TLLEBEFQRE, it is daclnrad a8 &IlWr:
1. All of the Annexed Proporty io hweby wd. 8ubj.C
to all the term, covenmts, condition8 .nd provision. u s.
forth in tha Declaration and specifically pursuant to th
proviaions of thr Section entitled "Annmution Wlthout Approval
3f the Article entitled "InteSrated Nature of tho CWWa
Property" of the Declaration to a11 intent. and prrposor a8 thou8
said land were a part of th4 initial Covered Property u defh
in the Declaration. The Declaration fa Facorporatod by roferonc
herein and made a part hereof.
2. - recordation of thii Supplowntary hclaratic
shall constitute and effectuate the .nauutim of the haom
Property, makfng said real property subject to the bclaration u
subject to tb functiono, powers and jurbdlction of SEA CLI
HOHEOWEZS ASSOCIATION, a California nonprofit mutual benef
corporation (hereinafter referred to as tha "&80Ci.6tiOnn"),
provided Fn the Declaratfon, and thereaftmr said tu1 proper
ehall be part of the Covered Property a8 tht term fa deflned
the Declaration and all of the Owners of Lots, as thoso toru i
defined Fn the Declaration, 5n the Annexed Proporty shc
aUCOfMt~C8lly be Nembere of the hsociation and Owners under I
Declaration.
3. All eaae~1~nti created, referrmd to and/or resor
in tho hclaration which relate to, pertain to .nd/or concorn
Annexed Property shall be in full force and offaat upoa oornrop
of ths Pirat Lot in the Annexad Proparty to an XadlvLdwl Ona
provided, however, the provlsion6 hmQf rhrll not be construed *'--...--Ld-. fz
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hvalfdating any easesents (including those which may affect an
portion or portions of the Annexed Property) nlready existing 0
which may hereafter come into existence had thir SupplePsntar
Declaration of Covenants, Conditione .ad brtrictionr not bee
executed and recorded.
4. Declarant proposes to Fmprow the Annexed Propert
by causing to be constructed on each of tot8 148 to 165
Inclusive, and 285 to 292, inclusive, of raid Carlrbad Trac
No. 73-24 improvemonte containing a rerideatial dwelling afl
related improvenents.
5. Assessments shall commence am to each Lot within tk
Annexed property on the first day of the mnth followil
conveyance of the first Lot therein by Dwlarurt to an Indivfduc
Owner.
6. At any tba prior to the conveyance of the fir8t L
in the Annexed Property to an Individual Owner, thia Supplownta
Declaration l~ay be amended or concelled in utrolo or la part by t
execution by Declarant alone of an instruwat of uwodwnt
cancellation, as appropriate, and the recordation thrmof in t
Official Records of said County.
IN UITNESS WHEREOF, Declarant ha8 executed th
Supplementary Declaration as of the date above ret forth.
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Recording requested by, and when recorded mail to: Thi3 instrument is certified to be exactl 023 09 fiat certain instme,
0fffcs Of the County Recorder of sil BrnT AUERIC TITj-Jj fls ;
PLAZA BUILDERS, INC., a corporation 16800 Devonshire Street, Suite 275
Granada Hills, California 91344
OnCAhL-as File No. -.. 84.
,40 I" , BY Authorized mature
SUPPLEMENTARY
DECLARATION OF COVENANTS,
CONDITIONS AXD RESTRICTIONS
-
-
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDI.'
AND RESTRICTIONS is executed as of this 16th day of January, :
by PLAZA BUILDERS, INC., a corporation (hereinafter referred t
"Declarant")
W I. T N E S S E T H: __--------
WHEREAS, Declarant is the owner of certain pro1
(hereinafter referred tc as the "Annexed Property") in the Cit
Carlsbad, County of San Diego ("said County"), State
California, described as :
Lots 134 to 147, inclusive, and Lots 268 to 284, incluive, of Carlsbad Tract
No. 73-24, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 7996, filed in the office of the County Recorder of
said County on .August 5, 1974;
WHEREAS, Declarant will convey the Annexed Prop
subject to certain protective covenants, conditions, restricti
reservations and easeaents as set forth in that cer
Declaration of Covenants , Conditions and Restrictions Establis
a Planned Development which was recorded on August 16, 1983
-1-
- I , -. -,----
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Instrument No. 83-288231, in Official Records of said County,
any amendments thereto (hereinafter collectively referred
the "Declaration") specifically pursuant to the provisions c
Section entitled "Annexation Without Approval" of the Ai
entitled "Integrated Nature of the Covered Property" oJ
Declaration.
9 "P
NOW, THEREFORE, it is declared as follows:
1. All of the Annexed Property is hereby made SI
to all the terms, covenants, conditions and provisions a
forth in the Declaration and specifically pursuant tc
provisions of the Sect ion entitled "Annexation Without Appi
of the Article entitled "Integrated Nature of the Cc
Property" of the Declaration to all intents and purposes as 1
said land were a part of the initial Covered Property as dt
in the Declaration. The Declaration is incorporated by ref(
herein and made a part hereof.
2. The recordation of this Supplementary Declai
shall constitute and effectuate the annexation of the Ai
Property, making said real property subject to the Declaratic
subject to the functions, powers and jurisdiction of SEA
HOMEOWNERS ASSOCIATIOiG, a California nonprofit mutual bt
corporation (hereinafter referred to as the "Association"
provided in the Declaration, and thereafter said real prc
'shall be part of the Covered Property as that term is defir
the Declaration and al:, of the Owners of Lots, as those tero
defined in the Declsration, in the Annexed Property
automatically be Members of the Association and Owners unde
Declaration.
3. Declarant proposes to improve the Annexed Prc
by causing to be constructed on each of Lots 134 to1
inclusive, 268 to 276, inclusive, and 278 to 284, inc1usi.b
said Carlsbad Tract No * 73-24 improvements containir
residential dwelling and related improvements.
-2-
0 .. 0
9
4. Lot 277 cf said Carlsbad Tract No. 73-24 is 17
declared to be part of the Community Facilities. Said LO~
shall be subject to certain reserved exclusive easement
described in Exhibit "A" attached hereto and incorporated 11
by this reference so long as the same shall remain in effeci
shall, in addition, be subject to the following:
' &-
(a) Each portion of any Lot described in the Declar
or in Exhibit 'r13r' attac'led hsreto and incorporated herein by
reference as burdened by a nonexclusive easement appurtenain
said Lot 277 shall, except: as to ownership, be treated as if
same were part of the Community Facilities for all purposes 011
Declaration.
(b) Each portion of real property not yet within
Covered Property descri2ed in the Declaration or in Exhibit
hereto as burdened by a nonexclusive easement appurtenant to
Lot 277 shall, except as to ownership, be treated as if the
were part of the Connunity Facilities for all purposes of
Declaration.
(c) Each poriiion of said Lot 277 described in
Declaration or in Exhibit "B" hereto as burdened by an exclu
easement appurtenant to a Lot shall, except as to ownership
treated as if the same xere part of such Lot for all purpose
the Declaration. I€ any such easement is designated a
sideyard easement, 'I such easeizent shall then be subject to
provisions of the Article of the Declaration entitled "Sideyard
11
(d) Each portion of said Lot 277 described In
Declaration or in Exhibit "B'l hereto as burdened by an exclu
easement appurtenant to other real property not yet within
Covered Property shall, except as to ownership, be treated a.!
the same were part of such other real property for all purpose,
the Declaration. If any such easement is designated EL!
sideyard easement," such easement shall then only become sub-
to the provisions of tne Article of the Declaration enti.1
11
-3-
e e
,..
"Sideyards" if and when, if ever, such other real property bec
a part of the Covered Property.
4. All easements created, referred to and/or rese
in the Declaration whicn relate to, pertain to and/or concern
Annexed Property shall be in fuli force and effect upon convey,
of the first Lot in the Annexed Property to an lndividual Ow1
provided, however, the provisions hereof shall not be construe(
invalidating any easements (including those which may affect
port ion or port ions of ]:be Annexed Property) already existing
which may hereafter coze into existence had this SUpplelnenl
Declaration of Covenants, Conditions and Restrictions not L
executed and recorded.
5. Assessments shall conmence as to each Lot within
Annexed Property on the first day of the montn follob
conveyance of the first Lot therein by Declarant to an Indivic
Own e r .
6. At any time prior to the conveyance of the first
in the Annexed Property to an Individual Owner, this Supplement
Declaration may be amended or canceiled in whole or in part by
execution by Declarant alone of an instrument of amendment
cancellation, as appropriate, and the recordation thereof in
Official Records of said Zounty.
IN WITNESS WEREOF, Declarant has executed It
Supplementary Declaration as of the date above set: forth.
PLAZA BUILDERS, INC., a corporation
which acquired title as PLAZA BULLL) I E CO KPO RATED, a c o rp o c a t i o n
?
I
* By: d 45 d L-f f::/ (, b-. ?L&.J/L
its bice-president - 2
/-
By: ' ,,d4d/ ,K>' '\+I A y-- -
/ its Assistant S6 cretarv- i/
8
L
-4 -
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'* If
$ EY3IBIT "A"
1. Subject to the definitions of l'Cornmunity Facili
and lILottl as set forth in the Article of the Declaration eni:
"Definitions, II and subject, further, to the provisions of
Section en titled "Nonexclusive Easements Appurtenant to Comm
Facilities; Exclusive Easements Appurtenant to Lots" of
Article of the Declaration entitled "Easements ,I1 the Comnii
Facilities within the Ainexed Property is comprised of Lot 2;
said Carlsbad Tract No. 73-24 together with all improvements
or hereafter constructed thereon but (i) reserving therefron
exclusive easements burdening said Lot 277 as described in
Declaration and in Exhibit "B" hereto, and (ii) adding theretc
nonexclusive easements 13urdenLrig Lots and other real propert)
yet within the Covered Property and described in the Declar,
and in Exhibit "€3" hereto as being appurtenant to said Lot 277'
2. The Community Facilities shall be subject to
following described res erved exclusive easements (and while
following described reserved exclusive easements remain in €1;
occupants of the Covered Property other than the persons
entities in whose favor such easements are reserved shall
enter thereupon, but when such reserved exclusive easements c
to exist the real property theretofore subject thereto :
thereupon automatically be deemed part of the Comm
Facilities). In this regard, there are hereby reserved in, I
over, across and under Parcel 1 as hereinafter defined1
described in favor of Declarant, its agents, emplol;
contractors and subcontractors, exclusive easements for purp
of construction and sales (including any and all necessar]
appropriate acts and doings in order to complete the improveD
of the Community Facilities, if required, and annexed areas of
Covered Property, if any, and to sell Lots and and to sell par
within annexed areas of the Covered Property, if E
maintenance, landscaping and irrigation, which easea
Exhibit "A" -- Page 1 of 2 Pages
I) e
%.
+iT shall, unless earlier terminated by quitclaim deed from Decldl
to the Association, autonaticaily terminate without any fur
action on the date or tirrie specified. For purposes herecl
Parcel 1 is hereby defined as tne real property described
attached Exhibit "A-1" (i) excluding therefrom those portions
said Lot 277 burdened .y exclusive easements described in
Declaration and in Exhibit "3" nereto, and (ii) adding thereto
portions of any of the following lots within said Tract No. 7:
(and even though said l~ts are not within tne Covered Propel
which are described in Exhibit "B" as being burdened by
easement appurtenant to said Lot 277: lots 120 to 133, inclus.
and 258 to 267, inclusive. Said reserved easements affect
Parcel 1 shall, unless earlier terininated by quitclaim deed f
Declarant to the Association, terninate August 31, 1586. Yarce
is the portion of said Lot 277 proposed to be improved if
proposed fourth phase of the Covzred Propety is annexed
developed, and if said proposed fourth phase of the Covt
Property is not annexed and developed, Parcel 1 will not
improved.
'*. "W
8
Exhibit "A" -- Page 2 or' 2 Pages
0 0
f.y;:YJT'y '1A-l'' d..l.li)L I
A PARCEL OF LAND BEING A I'ORTICI;; OF LC)': 277 CF CARLSBAD TMCT 73-24, COUNTY OF
SAN DIEGO, STATE OF CALIFOKIV'IA, ACCORiII:;G TO iG:P TIiEREOF NO. 7996, FJLLD IN THE;
OFFlCE OF TIE COUNTY RECORDER C.' S~il; 1)lEGO COUI'<TY, AUGUST 5, 1974 DESCKIBED AS
FOLLOWS :
DLCINNING AT THE MOST NOATi
73-24, SAID CORNER BEING TiiE; TKiE 2Oli;T Or" ijEGI!:tiING iii"JD PROCEEDING TtltNCE
SOUTH 30' 17" 16" EAST, 257.69 FEE?' 79 A I'OL:;T 0:J A TAldCENT CURVE, CONCAVE
NOKTIIEASTLKLY, 1IAVIP;G A RACLLS 0," 170.03 FEET; THExCE ALONG THE AHC OF
SAID CURVE A DISTAVCE OF isi .60 FEE; .;'21:b T;!;;~LC!\ A CENTRAL A~~CLE I,L: 340 141
CbE;EI< OAF LOT 133 OF SAID CAli.LSIIiID 1'klC;
I
33" TO A POXNT ON A TAXGEl'iT Lii,'z; y!iS:(CE s()gY]i OSo 31' 49" EAST, 51.55 FEE'r
OF 170.00 FEET, A RADIAL LIP:;, TO SAID ?91:4Y BCiZKS NOKT11 71' 17' 12" WEST,
TllENCE ALONG TlfE ARC OF SAID CURVE ii DLSTiL';CE OF 83.05 FEET AIdD TI1KOUGIi A
CENTRAL AIJGLE OF 27' 59' 25" TO A P0I;:T O?! A NGN TAh'GZt;;T LINE, A RAUlAL LlNE
TO SA1D POINT BEAKS SOLIT11 80" 43' 23" [(EST; TliENCE SOUi'il 59' 42' 44" WEST,
147.30 FEET; THEIJCE NORTH 30" 17' 16" :SST, 463.51 FEET; TIiENCE NOKTll 59'
42' 44" EAST, 136.00 FEET TO TiiE TXLE i'OiNT OF BEGII":NII"IG.
1.558 ACKES CROSS.
EXCEPTING TIIERT;FHOM LOTS 12G I~!xGGG!! 133, L:iCL2SL\'Z, ALL OF SAID CARLSBAD
TO A POINT ON A NON TAKGEKT ZUXVE, CG:;C.2\'V'E SSi'TiiEfiiSTEKLY, IIAVIKG A MDXIIS
CONTAINING
TRACT 73-24. CONTAXNlKC, 0.699 ACRES.
a 0
. ,;## iV$# EXHIBIT "B"
Attached to this Exhibit ''Err are a series of dF
showing various easement areas and various areas each of wh:
. designated a "Front Yard Maintenance Area," as follows:
(i ) Easeaents over a particular Lot appur
to land designated hereiu as part of the Community Facil
These easements are nmexclusive, are for the benefit CI
appurtenant to the Community Facilities, are in, upon, over, a
and through the real property burdened thereby and are for pu
of ingress, egress, landscaping, irrigation, maintenance, rc
construction, reconstruction and recreational purposes. Exce
otherwise provided in Exhibit "A" hereto or in the Declaration
land subject to these Easeaents shall, except as to ownershi
treated as if the same were part of the Community Facilitie
all purposes of the Declaration.
(ii) Easeaents over other real property no
within the Covered Propxty appurtenant to land designated t-
as part of the Cocsiunity Facilities. These easements
nonexclusive, are for the benefit of and appurtenant tc
Community Facilities, are in, upon, over, across and throug
real property burdened thereby and are for purposes of in€
egress, landscaping, irrigation, maintenance, repair, construc
reconstruction and recreational purposes. Except as othE
provided in Exhibit "A" hereto or in the Declaration, the1
subject to these easenents shall, except as to ownership
treated as if the same were pert of the Community Facilitie:
all purposes of the Declaration,
(iii) IZasements over the Community FaciL
appurtenant to a partlcular Lot. Each of these easements :
exclusive easement appurtenant to and for the benefit of
particular Lot to which it is designated an appurtenance, and
portion of land subject to such easement shall, except a
ownership, be treated as if the same were part of such Lot foi
-
Exhibit: "B" -- Page 1 of 3 Pages
0 0
n* :$
*'i j.' purposes of the Declaration. Gch of these easements is in,
over, across and through the real property burdened thereby E
for purposes of ingress, egress, landscaping, irrigc
maintenance, repair, construction, reconstruction, use
enjoyment. If any such easetzenf is also designated as a "sid
easement," such easement shall then be subject to the provisio
the Article of the Declaration entitled "Sideyards ."
( iv> Easemeills over the Community Facil,
appurtenant to other -- real property not yet within the Cc
Property. Each of these easements is an exclusive eas
appurtenant to and for the benefit of real property not yet id
the Covered Property to which it is designated an appurtenance
each portion of land suJject to such easement shall, except I
ownership, be treated as if the sme were part of such other
property for all purpcses of the Declaration. Each of
easements is in, upon, over, across and through the real pro
burdened thereby and is for purposes of Ingress, eg-
landscaping, irrigation, maintenance, repair, cons trucr
reconstruction, use and enjoynent. If any such easement is
designated as a "sideyard easement, If such easement shall then
become subject to the provisions of the Article of the Declar-r
entitled "Sideyards" if and when, if ever, such other real pro]
becomes a part of the Covered Property.
(VI - S ideyard easements . Each of t
easements is an exclusive easeanent over a portion of one Lot or
Community Facilities appurtencnt to and for the benefit of anlc
Lot and is governed by the Article of the Declaration entj
"Sideyards." In additior., there shall be appurtenant to Lot 14
said Carlsbad Tract No. 73-24 an exclusive easement for sidle
purposes over and across a portion of Lot 301 of said Carl
Tract No. 73-24 as described in the diagram attached hereto an
further described in that certain document entitled "COKKECTION
AMENDMENT TO CORPORATION GRANT DEED" recorded January 12, 1984
Exhibit "B" -- Page 2 of 3 Pages
0 m
.. .
@&
..!< "%I & Instrument No. 84-013542, Official Records of San Diego CI
California, and said easement shall be subject to the Artic
the Declaration entitled "Sideyards ."
'i
(vi> Front Yard Maintenance Areas. Each pl
of a Lot designated as a "Front Yard Maintenance Area" on
diagrams is a part of that Lot, but the Association shall
certain obligations with respect thereto as otherwise provic
Exhibit "D" to the Declaration,
Exhibit "B" -- Page 3 of 3 Pages
0 W
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SCALE: I"= :3
-- ----
MA INTEfVA/VCCP
DETAIL 3''
Qt-TA1.L 3" D FTd /L "C ,a
LOTS 138,I39,140,141,142,143,277 & 301
CARLSBAD TRACT 73-24
IN THE CITY OF CPRLSBAD
CoUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCoRDING TO A MAP THESEOF NO.7996 FILED IN THE OFFICE (7~ THF rnlIfiITv Dcp~~~cm ~=
I ," . - '-A* w 0
q!
SCALE: I"::
s/o~Y, R 0 EA SEMEfV 7 Q OYl'A PUA7/dN Miff7 277
ir, @pu#Q7€NAN7 74 LO7 19 7
--
3/DEYJ RD €ASEME/'JI'
QygR POR?-/ON oFiorN5- p/pu,qr-flAYrr 70 LL7/34
-
(u
+ FRdNT YARD /VA/NTENcrNc&
ry
DETAIL "a'
LOTS 134, I35,136,137$277
CARLSBAD TRACT 73-24
IN THE ClTY OF CARLSBAO
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO A MA? THEREOF NO.7996 FILED
IN THE OFFICE OF THE COUNTY RECOGDER OF I PILI nirt-n pfi ,,.._, __.__ __ - -
W 0
w
SCALE; 1"; 3C
--
sJoEy4,QD EA 5 L-M.c/Y?- avL8 POAf/UA/ Up L 07 2 77 APpUR7€NANI' 70 fOT/33
--
a ocm; S/D.GY.ARD EIS.&-M&iv7- orru POR~UM 0~~07133 uruRrmw,w 70 LOT az
--
UYKR WRT/ON OF f 07/39 APP.Q'R7KNJnir i-0 io7131 I
-----
--
---- ---
Q) SM-YAffD EdSrAfLN.' CY uvrff WN7k?NdrLaT/29 - APP&2?7d%H&ZJ'd UT/28 1
5f6R P'OR2-'ONOFLOJP77 RPPURT€NA.VT TO CUT /28
DETd /L ' + FRONT YARD MAlNTEHANCE ARfA
LOTS 128,129,130,131,132,133 8277
CARLSBAD TRACT 73-24
IN THE CITY OF CARLSBAD
COUNTY OF SAN OIEG0,STATE OF CALIFORNIA
ACCORDING TO A MAP THEREOF N0.7996 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF
CAu nirlrn fin.^.,^^ ----I __ - I
* w e
ab
SCALE : I"= 1
OV€R PUR7/Q/J ox LO7277 dPPffR7.EMdNi' 70 LU7 /2 7
--
APPU.4~EHANT7V L 77/26
- ---_.----
S/OEYARd 6-4 scw&-/Yr IYCA POA74w &=LO#-/& 4PPUmm~ IT0 u7/2
+ FRONf YARD Md/NTENANCf'
9, k
OETAi'L A"
LOTS 124,125,126,127 8 277 CARLSBAD TRACT 73-24
IN THE CITY OF CARLSBAD
COUNTY OF SAhl DIEG0,STATE OF CALIFORNIA
ACCORDING TO A MAP THEREOF NO.7996 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF PA.' nrce- I- .- -- -
- v' v a
I I E?
ro SCALE:I"='~ \
--
r~.45c~€,ur OVER POR/T/OA/
OF-LOI /PZ AwuRrm,uNr ;ro LOT 277 Ed2EN.C"T OVER poR7/0N OFLOT 123 dppc/R7€NA~/
< 277
22 'F ;:;+.q 2.2 '
* FXONr mR5 MA/NTENdNCE RHEA
DETA /L '2 *
LOTS 120,121,122,123 8 277 CARLSBAD TRACT 73-24
IN THt: CITY OF CARLSBAO
COUNTY OF SAP4 DIEGO, STATE OF CALIFORNIA
ACCORDING TO A MAP THEREOF NO.7996 FILED
IN THE OFFICE OF THE COUNTY REC3RDER OF
EILI ha,--.- -- ._ -. --
e e _’L
TEiE ” 1200 ELM AVENClE . CARLSBAD, CALIFORNIA 92008 (71 4)
Office of the City Clerk
city Of aarlsbab
August 3, 1983
Pacesetter Homes, Inc .
4540 Campus Drive
Newport Beach, CA 92660
A Quitclaim Deed from the City of Carlsbad has been recorded
evidencing the release of land €or constuction of a storm drain
and sedizentation basin.
This deed, which was recorded on June 30, 1983, is hereby
being rekxrned ta you.
4 J’ 7A@& /
A d- /. J
&REN 1 R. KUNDTZ
Deputy City Clerk
KFK/kdc
Enclosure
).
a l
1 CITY OF CARLSBAD r
Nome
Street 1200 ELM AVENUE
Address CARLSBAD CA 92008
C!*Y a J S =le L
rfE>;. !-
CGy: T y f',
THIS FORM FURNISHED SY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,