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HomeMy WebLinkAboutAV 99-09; Belko RV Variance; Administrative Variance (AV)Paul GodwinMichae Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Patricia M. box 2002 Pintoresco Court Carlsbad CA 92009 :1 Holnniller Dear Sirs: This is in response to your notice dated April 13,2000. We do object to approval of parking a 24 foot long recreational vehicle in the front yard/driveway of 2005 Pintoresco Court. We are located at the end of the court. When that vehicle is parked in their driveway, it is in the main line of vision from our master bedroom, living room, front door, driveway, etc. (see enclosed pictures). It detracts from the homes in the neighborhood and certainly affects the aesthetics of the cul de sac. Of the eight houses at the end of the court, two are rentals, so I'm afraid they may not care as much about day-to-day visual impact of the vehicle as we do, since we would see it many times a day. When it is parked there, it is like having a 24-foot billboard facing our house. The Belko's are good neighbors, but parking an RV in their driveway is not fair to us or other neighbors, and their request should be denied. After mentioning the request to a fiend, I received the attached letter. Sincerely Patricia M. Knox Enclosures Attachment$ COLDWELL BANKER RESIDENTIAL REAL ESTATE 285 NORTH EL CAMINO REAL, SUITE 101 (760) 635-4257 DIRECT ENCINITAS. CALIFORNIA 92024-5384 (760) 753-5925 FAX (760) 675-1044 PAGER I TRUDY McGRATH RsaltoP 4/118/00 Mr. And Mrs. Knox 2002 Pintoresco Court La Costa, Ca. 92009 Dear Mr. And Mrs. Knox, I am including a copy of the CCR’s for your home in Monarch Hills. Please note Article IV, item 6 referencing “living trailer, house car or “campster”, boat or boat trailer or similar vehicle”. In answer to your question regarding the effect of parking RV’s at home sites and the potential influence on the real estate value of your home, it is clear to me. It would seriously effect your ability to get the highest price possible in any market. There is good reason for the CCRs that have been drafted for your area and areas all around you. Please call if you have hrther questions. Sincerely, Uh%k&a Trudy McGrath k c Attached is the document you (or someone on your behalf) requested. As required by Section 12956.1 (b) of the Government Code, please take note of the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive covenant language pursuant to subdivision (c) of Section 12956.1 of the Government Code. If this cover page is a copy which has been sent by facsimile, e-mail or other form of electronic transmission, please note that in the original of this page the above notice is printed in 20-point boldface red type. Restrictions indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin are hereby deleted to the extent such restrictions violate 42 USCG 3604(c). JO3N V. STANLEY X Attorney at Law X 7602 El Camino Real, Suite 210 X -----,,C~~-~Q~~~----------- X AFTER W-,3SCORDING MAIL TO: X X David Ch&now X Attornev at Law DRUS-lMY GARRETT KING 6 HARRISON X X 4041 Mac Arthur BoulBV€Ud, Suit8'250 X Newport Beach, California 92660 X X TEIS COA!ITIONS AND RESTRICTIONS, made this mday of SCpfWbQC , 1978, by LA COSTA LAND COMPANY, an lllinois corporation, duly qualified and authorized to transact business in the state of Caliiornia, hereinafter E- ferred to as "Declarant". WITNESSETH: e WHEREAS. Declarant is the Owner of a certain tract of land in . .e California, more particularly described as follows: WHEREAS, it is the desire and intention oi Declarant to sell the ppoperty described above. and to impose upon it mutual beneficial restrictions for the benefit of all the land in that tract and the future ox+ners of those lands. NOW, TILEREFORE, know all men by these presents: Declarant hereby declares that said lots. all parccls and portions of said Grecn Valley Knolls, are held, and shall be held, and transferred, hypo- thecated, sold. conveyed and encumbered, leased, rented, used. occupied and improved, subject to the covenants. conditions. restrictions, reservations. .- .< conciitions subsequent to reversion and charges as follows, all of which are .. - DOCUMENT IS BEING RE-RECORDED TO CORRECT A TYPOGRAPHICAL ERROR, Pg. 3, 113- , . 1- -1 - Order: AUTO-MP-00059146 Description: 1981.107567 Page I of 18 Comment: M TRUDY 7 I, . . .. ..- i. 1780 declared and agreed to be in furtherance of a plan far the subdivision, im- provement and sale of said land and every part thereof. All of the limitations, restrictions. conditions and covenants shall run d€h the land and shall be bin&-& upon all parties having or acquiring any right, title or interest in the described land or any part thereof. A-3TICLE I PROPERTY SUBJECT TO THIS DECLARATION The proper9 subject to €his Declaration is known as Green Valley I(nolls, and is more particularly described as: Lots 1 through 227, inclusive of Carlsbad Tract No. 75-7 (Green Valley Knolls), according to Map No. 8 filed in the Office of the Comb Re*- of an %ego County, California. on . ARTICLE I1 DEFINITION OF TERMS 1. "Lot" means one of the numbered parcels af real property as shown on tbe map hereinabove referred to or any parcel or parcels into wvhid: said property is split or shall be subdivided. 2. "Said Property" meas the property described in Article I, unless the context and circumstances othenvise require. 3. "Set back" means the minimum distance between the dwelling building and other structure referred to and a given street or line. 4. "Building Site" means a single lot as shown an said map. or as shown oa any future final subdivision map, or ae shown on a parcel consisting of contiguous portions of any two or more contiguous lots, or a11 of one lot and parts o€ one or more lots and adjacent thereto; any such building site, however, is subject to the prior written approval of the Architectural Committee. ? 5. "Street" means aqy skeet, highway or other thoroughfare shown on said map, whether designated thereon as street, avenue, boulevard, place. drive, road, terrace, way. lane, circle or otherwise. 6. "R-1 Lots" refers to Lots 1 through 223, inclusive. 7. "Open Space Lots" refers to Lot 224 and Lot 225. ! :> ' . .. Order: AUTO-MP-00059146 Description: 1981.107567 Page 2 of 18 Comment: M TRUDY z r .? 1' .' . .. , . - ,.- .. ... .. . .. . . .: D. "Declarant" means La costa Land Company, an nlinois corporation or its written assignees. ARTICLE m USE OF PROPERTY 1. No part of said property or any part thereof shall be subdivided, laid out or improved by buildings, or structures, or its physical contours altered or changed, except with the approval of the Declarant with the written advice of ihe Architectural Committee. so as to insure a uniform and reasonably high standard of artistic result and attractiveness, in exterior and physical appearance of said property and improvements. 2. Said lots or parcels shall not be subdivided or split into lots of a lesser size than the size of .;he originai lots or parcels without the written consent of Declarant and the written advice of the Architectural Committee first had and obtained. 5. Except for Lots 225 and 224,safd property shall be used for residential purposes only, and no h:lding shall be ai'ected, constructed, altcsred or mainkice9 on said lots ar any part thereof, other than 2 dwelling for a single family (inckxding guests and houseno-d servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee, except as to Multi-Family lots. multiple family r;wellings with customary and suitable outbrrildings as permitted by law and the Architectural Committee may be allowed provided that no such Multi-Family lot shall 5e occupied by more than Lie nrtm3er of dwelling-units set forth opposite each such lot in the schedsle attached hereto. marked EXHIBIT A, and incorporated herein by this refereccc. 4. No horses, cattle. cows. goats, sheep. rabbits. hares. reptiles, or other animals, pigeons, pheasants. game Mrds, or game or other birds, fowl or poultry shall be raised. kept or permitted upon said property or any part thereof, except that dogs and cats and other household pets may be kept, provided that they are not kept. bred or raised for commercial purposes or in unreasonable quantities, and provided that they do not become a nuisance to the owners of, or occupants Of said property, and ! -0 '1 . * :';: i Order: AUTO-MP-00059146 Description: 1981.107567 Page 3 of 18 Comment: M TRUDY L .. .. 1782 ' that although horses may not be kept, stabled or maintained, they may be permitted on the premises. 5. No part of said property shall be used for the purpose of drilling thereon for. or producing therefrom, water, oil, gas or any mineral substance. Declarant hereby reserves all crude oil, petroleum, gas. brea, asphaltum and all kindred sujstances and other minerals under and in said land. 6. No noxious or offensive trade or activity shall be carried on upon said property or any pzrt thereof, nor shall anything be done or maintained thereon which may be or Secomc an annoyance or nuisance to the neighborhood. 7. No television antenna or antennae or unsightly objects, poles or wires shall be permitted on the outside or roof of any dwelling or other building; and, in the case cf television antennae, the owner of the property may, at his option, hook up. to the underground television antenna system which Declarant may cause to be installed. 8. Said real property and the building sites included therein are subject to such easements and rights-of-way for erecting, constructi~?g, maintaining and operating public sewers, and poles, wires and conduits for lighting, heating, power. telephone, cable television and any other method of conducting and performing any public or quasi-public utility service or function beneath the surface of the ground. such easements and rights-of-way are more particularly set forth in said map. or otherwise of record. Declarant specifically reserves an easement along the easterly boundary of Lot 25 for the benefit of ~ot 224 for the constpuction, maintenance and repair of an underground irrigation line. g. Declarant hereby reserves the right to make any and all Cuts and fis on said propetty owned by it and on the building sites included therein, r.nd to do such grading as in its judgment may be necessarJ to grade streets and building sites designated or delineated upon said map of said property or any part thereof. 10. No mailbox detached from the dwelling structure, which it is intended to serve. shall be installed or maintained unless its proposed size. shape. color and design and location is first approved by the Architectural Committee. -4- r. r"" py _" -. "- . -. .. i , Order: AUTO-MP-00059146 Description: 1981.107567 Page 4 of 18 Comment: M TRUDY .. .. . .. .. . 1783 xau+ 11. No utility area or dlying yard shall be constructed or maintained on the property unless ~-i plan therefor shall be first submitted to the Architectural Committee, and the latter shall determine that such plan appropriately provides for screening said area or yard from exterior view. 12. No residential buildings shall be constructed OF maintained on the property without suitable carport or garage and off-street parking spaces. the size, location, color and design of which shall first be approved by the Architectural Cornnittee, In any event, each d-.velling building shall be provided with a minimum of permanently maintained off-street parking spaces in a parking area or private garage of two (2) parking spaces for each dwelling unit, one of which shall be in a covered carport or garage provided, however, a minimum of two covered and enclosed parkkg spaces shall be required and maintained for each R-S lot. No garage door may be left open for a period longer than one-half hour. 13. No water softener shall be installed ar maintained for use in caruaection with any buii(iiag on the property vhi61 disch~rges effluent 'mi,ne fpto the sewage system Of *e property, and unless it is appropriately screened from exteridr -b3ew. me Qpe of miter softener and a plan for its screening shall first be approved by said Architectural Committee before its installatinn. 14. Roofs shall be of tile, shingles or shakes or other matter, of a color and type approved by the Architectural Committee, prwided. however. rock roofs shall not fie allowed as to any multi-family lot. As to Lots 5 through 26 and 42 through 81, roofs shall be consla-rtcted of fire rekrdant materials approved br the fire marshal cf the Civ of Carlsbad. ARTICLE IV CHARACTER SF BUILDING 1. No residential building may be erected or maintained on any of said property except single or multiple family dwellings with private appurtenant garages and customary outbuildings. No building shall exceed more than two stories in height or thirty-five feet in height, whichever is less, except as to slop: lots the Architectural Committee may waive said requirements. -5- " !.. y. , " ' -'b Order: AUTO-MP-00059146 Description: 1981.107567 Page 5 of 18 Comment: M TRUDY c ~ ..- .. .. .. , .. .. 2. No trailer, outhouse. garage, shed, tent, or any temporary buildings of any kind &all be erected or maintained on any lot or building site prior to the erection of the principal dwelling building thereon, provided, however, that the conditions herein contained shall not be construed to prevent the temporary construction and maintenance by Declarant or its agent of buildings or improvements on said property deemed necessary or convenient in the development of the subdivision. provided, :lowe-fer, the Architectural Committee may grant temporary rwokable permits for the cons'baction and maintenance of temporary construction sheds or like improvements necessary in the construction of improvements on said property. 3. The work of conshwcting any residence or building shall be prosecuted diligently and contlnuously from the commencement thereof until the same is completed, pro-rided, however, no construction or repair work, except emergency repairs, shall be conducted on any Sunday. All structures shall be suitably painted, colored or stained immediately upon completion. 4. No single family iwelling shall be erected, except on odd and irregular-shaped lots, whi& shall have a floor square foot area. exclusive of porches and garageE of less than 1400 square feet as to any R-1 lot. No dwelling units of an:r residential building containing more than one single family dwelling unit shall be erected, converted or constructed on said property which shall have a floor square foot area, exclusive of porches and garages, of less than 1000 squara feet without the prior written permission of the Architectural Committee. -5. No building erected or constructed elsewhere shall be moved onto any lot or building site without the prior written approval of the Architectural Committee. 6. NO living trailer, house car or "campster", boat or boat frailer Or similar vehicle shall be parked on any road or building site either temporarily or permanently. nor shall aqy motor vehicle not capable of being operated be parked for longer than forty-eight (48) hours outside of a wage on any street, lot or building site. Other than astOmaV maintenance work and minor emergency repairs, there shall be -6- ?f" .ii I. ., 1 -. I I .. c " . .. Order: AUTO-MP-00059146 Description: 1981.107567 Page 6 of 78 Comment: M TRUDY I. .. :I ! i ! i i .i- i .. . .. 1783 no painting, repairing or mechanical rork done on any motor vehicle on any street, residential lot or building site. 7. All front yards, side yards on corner lots, or landscape areas adjacent to public streets shall be landscaped. maintained and kept in good condititm at all times by the respective property owners, except the Declarant during the construction and sales period. Said areas to be watered. fertilized, pruned and cleared of any trash on a regular basis and as necessary. Ughealw, dead or missing xees. plants or ground cover are to be replaced. If any owner fails to take e::€ective corrective maintenance or repair measures within thirty (90) days after receiving written notice from the Declarmt, t4e Architectural Control Cormittee, or t4e Civ of Carlsbad, the informing party may have the necessxry corrective maintenance or repair measures completed and bill the property owner for the work performed. The party performing said work shall be entiiled to the unrestricted use of irrigation water and reasonable overhead and p-ofit. Any billing not paid within thirty (30) days after the due date shall bear ixerest from the due date at the rate of 6% per annum. The &larant, for all the property, hereby covenants. and each Owner of any lot by acceptance of a deed therefore, \*ether or not it shall be so expressed in such deed, is deemed to covenant mcl agree to pay for all -,vork performed as hereinabove prwidec for and that he vrill permit free access to thoss areas herein defined to those persons performing said corrective or repair work. Said billing(s) together with interest, costs, and reasonable attxaey's fess, shall be a daxge on the land and shall be a con- tinuilg lien upon the property against which each such billing is made. Each such billhg. tagether with interest, cosle, and reasonable attorney's fees "." shall also be the personal obligaiion of the person who was the Owner of such property at the time when the billing wa~ presented. The personal obligation , 'W - for delinquent billing(s) shall not pass to his successors in Stle unless 0'1 g; eqm?ssly assumed by them. e 'VI . as a' 5. That each owner of a 101. in said property agrees for himself, , 4 ; 1. his rssigns, heirs or successors in interest, that he will permit free access by the Declarant ox its assignees to slopes or drainage-ways located on his property wvhi&~ have toe-of-slopes adjacent to public rights of way when such access is necessary for the repair, replacement or maintenance of permanent landscaping on said slopes. or maintenance of the drainage faduties for the protection : -, -7- Order: AUTO-MP-00059146 Description: 1981.107567 Page 7 of 18 Comment: M TRUDY and use of propertg other than the lot on which the slopes or drainage- way is located. 9. That each owner of R lot in said tract agrees for himself and his assigns that he will not, in any \my, interfere with the established drainage pattern over his lot from adjoining or other lots in said property, and that he will nlake adequate provisions for drainage in the event it is necessary to change the established drainage over his lots. For the purpose hered, "Established" drainage is defined as the drainage which occurred at the time the overall grading of said pl*operty, including landscaping of each lot in the trad. was completed by thj Declarant. ARTICLE v FENCES " 1. No fence, wall, hedge, or coping shall be erected nearer the front lot line than the front line of any dwelling or which shall have a greater height than sir (6) feet above the finished graded surface of the ground upon which it is located, without the prior written consent of the Architectural Committee. 2. All fences from the ,standpoint of construction, style. material, color and view shall be subject to the prior written approval of the Architectural Committee. Because of the topOgraphy of the land, such matters as the ob&ction of the view, elevat€on, h-aht, architectural style and materials are of importance to all of the prowipsdve owners of lots in the subdivision, and therefore, for the protection of a11 owners, the prior written consent of the Architectural Committee is required. ARTICLE VI SETBACKS 1. No building within said tract shall be located nearer than t twenty (20) feet from the front lot liae or any property line which fronts on a dedicated street, nor shall any such building be located nearer than . .. twenty (20) feet from ruly rear property line, nor nearer than a distance equzl to ten percent (10%) of the width of the lot to any side lot Une. - .: : ;: !k *i 2. None of the setback Lines referred to in this Article shall ' '0 ,+ 1. c , .' apply to open porches, eavcs. bay nindows. steps. chimneys. porte- cocheres, gates, or gateposts, which, however. with the exception of ;- ;v1 6 . 9 (x) @ ':: / yo / g!.;.. -8- ' f - p 'i.2; Order: AUTO-MP-00059146 Description: 1981.107567 Page 8 of 18 Comment: M TRUDY . . .. .."--L-5:-i .I " ...- .. . .. . . - - - . . -. . .- * -t .. 1781 .. ... azap porte-cocheres. gates and gateposts shall in no event extend more than eighteen (18) inches into the side setbacks referred to in this Article. 3. The Architectural Committee may, as to any R-1 or Ahlti-E'nrnily lot. grant exceptions axi variations from fie prosivions of this Article. ARTICLE \'I1 SIGNS AND ADVERTISING 1. No signs or other advartising device of any character shall be erected or maintained upon any pzrt of said property, except that (a) on any one lot or building site one sign, not larger than eighteen (18) inches by twenty-four (24) inches, advertising the property for sale or rent, may be erected and maintained; (b) Declarant or its agents may erect and maintain on said property such signs and other advertising devices as it may deem necessary or proper in connection with the conduct of its operations for the development, improvement. subdivision or sale of said property; (c) on any Multi-Family lot the Architectural Committee may allow the erection of a sign on the face of any Multi-Family building con- structed thereon which may only set forth the name thereof and its street address. The size, color and location of any such sign shall be subject to the prior written approval of the Architectural Committee. 2. As to any lot or lots, wherein in order to sell any interests therein, the owner must secure from the California Divisictn of Real Estate a subdivision report, the owner or its agents shall submit to Declarant for its written approval all advertising material including brochures, radio or TV scripts. If the declarant shall not have given written notice of disapproval of such advertilsing by certified mail within ten (10) days of receipt thereof such advertising material, etc., shall be deemed approved. Declarant shall not unreasonably withhold such approval. ARTICLE \*XI APPROVAL OF PL4NS .. 1. No building, fence. wall, pole or other structure shall be ereced, constructed, altered or maintained upon any portioh of said I, -9- ' ' .""- --as-=-- ~&&"SF2 . . .,** .. > .. .. I I Order: AUTO-MP-00059146 Description: 1981.107567 Page 9 of 18 Comment: M TRUDY 1 .. .. 1798 .." property unless a complete set of plans and specifications therefor, including the exterior color scheme with a plot plan indicating the exact location on the building site and a complete 1andEcaping plan, shall have been submitted to and approved in writing by the Arczitectural Committee as hereinafter set forth, nor shall any building erected or constructed elsewhere be moved onto any building site without the consent specified by Paragraph 5 of Article IV. The approval of said plans and specifications may be withheld not only because of their noncompliance with any of the specific conditions and restrictions contained in this and other clauses hereof, but also by reason of the dissatisfaction of the Architectma1 Committee with the style, color, design, appearance or location of the proposed structure or structures. or landscaping. At the time the building plans and spedfications shall be submitted to the Architectural Committee for its approval. the applicant shall pay a fiig fee of Fifb Dollars ($50.00) for each plan submitted for each single family building and One Hundred Dollars ($100.00) for each Multi-Family building. plus Three Dcllars ($3.00) for each living unit in such Wulti-Family building in excess of two. There shall be no additional fee payable in the event the building s'nall occupy more than one lot. In the event the same plan is submitted for more than one building, the Architectural Committee may refund a portion of said charge commensurate with the time saved in reviewing said multiple plans. 2. The written approval cd the Architectural Committee may be recorded in the Office of the County Recorder of San Diego County, and shall be conclusive evidence of such approval. Prior to said approval being iswed and as a condition thereof, the owner shall supply the secretary of the Architectural Committee with satisfactory evidence of the payment I or satisfaction of any liens granted fo~. school facilities. 3. The approval of the Architectural Committee of any plans 5 or specifications submitted for approval, as herein specified. shall not be deemed to be a waiver by the Architectural Committee of its right to ohject to any of the features or elements embodied in any subsequent plans or specifications submitted for approval as herein provided, for use on any other building site, nor shall such approval be construed as in ahy manner modifying, altering or waiving any of Ihe Gnditfons or restrictions set ' .e .. , z * ,I. I .. 0 .. E 8.- 1 Order: AUTO-MP-00059146 Description: 1981.107567 Page 70 of 18 Comment: M TRUDY .. a. . .. 2aw 17_? 4. The Architectural Committee may establish and adopt from Erne to time, reasonable regulations for the submission of ?ne plans and specifications called for pursuant to the terms of this Article. 5. E after such plans and specifications have been approved, any building, wall fence, or other structures shall be altered. erected or maintained upon the building site otherwise than as approved by the kchitectural Committee, such alterztion. erection and maintenance shall be deemed to have been undertaken without the approval of the Architectural Committee ever having been obtained as required by this Declaration. 6. Any agent or any member of the Architectural Committee may from time to time, at any reasonable hour or hours, enter and inspect eny property subject to the jurisdiction of the Architectural Committee as to its maintenance or improvements in compliance with the provisions hereof; and the Architectural Committee or any agent thereof shall not thereby be deemed guilty of, or become liable for. any manner of trespass for such entry or inspection. The Architectural Committee may issue a certificate of completion and compliance as to any property so inspected. 7. No alteration shall be made in the exterior design or color of any structure unless such alteration. including any additions. shall have first been approved in writing by the Architectural Committee. 8. The Architectural Committee shall consist of three (3) members who shall be appointed by the undersigned Declarant. Such Comrkttee shall appoint a Secretary who may be one of the members of the Committee. 9. Until such time as is hereinafter provided, Declarant shall have full power to remove any member of said Architectural Committee an6 to make appointments to fill any vacancies in the membership thereof. Any written instruments of appointment or removal duly executed by Declarant . .- may be filed with the County Recorder of San Diego County, and such recordation shall impart to all pers,ms of the matters therein set forth. L 10. The written approval of the Architectural Committee made .. by the Secretary of the Architectural Committee shall constitute an approval. If said Architectural Committee fails to approve or reject any plms andlor specifications which ha.ve been submitted to it within thiitJr (30) days after 4 submission to the Architectural Committee, then no approval shall be necessary. : e ; '0 13 ,- -11- , Order: AUTO-MP-00059146 Description: 1981.107567 Page I? of 18 Comment: M TRUDY . .- .. 17'30 .. Zmk If no action shall be filed, or notice 0;' rejection recorded, by or on behalf of said Architectural committee within thirty (30) days after notice of completion shall be recorded covering the construction. alteration or replacement of any structure, the filirrg of such notice of completion of record shdl be conclusive evidence of the approval of such structure by the Architectural Committee. 11. Declarant may, at any time, at its option relieve itself of the obligation of appointing and maintaining said Architectural Committee by filing in the Office of the County Recorder of San Diego. a notice stating that it has surrendered the powers of appointment and maintenance of said Architectural Committee as granted by this Article and this Declaration, and upon recording of such notice, said powers shall immediately vest in the majority of the property owners or in an association of property owners if one has been formed by the property owners and is in existence. 12. Neither Declarant, its successors or assigns, nor the Architectural Committee, nor any member thereof, shall be held responsibie for any loss or damage, nor be liable in any nay whatsoever for any errors or defects which may or may not be shown on saic? plans or specifications, or otherwise. 13. For the purpose of mak5ng a search upon, or guaranteeing or insuring title to, or any lien on or interest in, any lot or parcel of add property and for the purpose of protecting purchasers and encumbrancers for value and in good faith as against the performance or nonperformance of any of the acts in this Declaration authorized, permitted or to be approved by the Architectural Committee, the records of the Architectural Committee shall be prima facie evidence as to all matters shown by such records: and the issuance of a certificate of completion and compliance by the Architectural Committee showing thet the plans and specifications for the improvements or any other matters herein provided for or authorized have been approved and that said improvements have been made in accordance therewith shall be prima facie evidence and shall fully justify and protect any title company or persons certif>%ng. guaranteeing or insuring said title, or any lien thereon or any interest therein, and shall also fully protect I J-" , E ---"'- I I: iq I any purchaser or encumbrancer in good faith and for value in acting * thereon. as to all matters within the jurisdiction of the Architectural Committee. ! -0 ? : ,. I-' I .. -12- I 0, g i ;$, i u . .. , .. -a" ." . . ... .....-.--. . "_ . . ... . .". "" .. .. . -. 179 1 '. . .. ARTICLE rx CONSTRUCTION OF COXJITIONS AND XES'IRICTIONS 1. The detern1ination by any court that any of the provisions of this Declaration or any part hereof, are unlawful or invalid shall not affect the validity of the other provisions or remaining portions hereof. 2. Damages are declared not to be adequate compensation for any brcach of the provisions of this Declaration, Declarant contemplating &2t specific enforcement of such restrictions is required as part of the general plan of improvement of said propee. ARTICLE X SCOPE AND DURATION OF CONDITIONS H- AND !. D W of the conditions. restrictions and charges set forth in this Declaration are imposed upon said pro3erty for the direct benefit thereof and of the owners thereof as part of the general plan of improvements, development. building, occupation and maintenance hereby, and said conditions. restrictions and charges shall run with the land and continue to be in full force and effect until January 1. 1990, at .which time said conditions, rdrictions and charges shall be automatically extended for successive periods of ten (10) years unless by a vote of a majority of the owners of record of b~lding sites it is agreed to change said conditions. restrictions and charges in whole or part by an instrument in writing. signed by said owners. which shall be acknowledged by them 60 as to dtle it to be recorded in the Office of the County Recorder of the County of 3m Diego. provided, however, the prohibition of Paragraph 2 of Article III ahall be perpetual upoa all property for the mutual benefit of every lot or building site there. provided further as to lot8 226 through 227 inclusive only. that upon issuance of a California Division of Real Estate public Report for a statuatoq condominium or planned unit development and the filkg ancl recordation d a Notice of Completion thereof, the provision of Article VIII and Paragraphs 1. 3, 10. 11 and 12 of Article LI1 shall be a' no further effect as to any part of said property referred to in such report and described in said Notice of Completion except as to any violations thereof which shall be set forth in any unrescinded Notice of Breach Sled and recorded in the Office. of the County Recorder of P c Order: AUTO-MP-00059146 Description: 1981.107567 Page 13 of 18 Comment: M TRUDY I 1. 4 .. . 1792 mtw . san Diego County. California. prior thereto,Declarant, its successors or assigns shall execute and deliver any documents necessary to carry this provision into effect. ARTICLE XI EFFECT OF BREA(=H OF CONDlTIOhTS AND RESTRICTIONS The conditions, restrictions and covenants hereby established shall operate as covenants running with the land: and further, Declarant andlor owner or owners of any lot or lots, including any bonafide purchaser under contract, ia the event of a breach of any of said restrictions, conditions and covenants or a continuance of any s~ch breach, may bring appropriate legal proceedings. or other steps necessary, to enjoin, abate or remedy the same. Provided, however, that a breach of the foregoing conditions and restrictions shall not affect or render invalid the lien of any mortgage or , deed (3 trust made for value which may be then a lien, or become a lien upon said property, but such conditione and restrictions shall be binding upon and effective against any owner, and heirs. devisees, executors. administrators. successors and assigns of any owner, whose title is acquired under and through any such mortgage or deed of trust by foreclosure. Trustee's sale or othenviae. ARTICLE Xi1 REIMBURSEMENT Declarant has paid or caused to be paid, fees and has dedicated and provided for the dedication of real property to provide for park and recreatiod facilities. as well as for public elementary school facilities to service the subject property. as well as additional property owned by Declarant. The developer of all of the R-1 lots has reimbursed Declarant for the fees and value of the real prqerties dedicated allocable to the R-1 lots. To proVj.de for reimbursement of the remainder of said fees and value of the real properties dedicated and agreed to be dedicated by Declarant. and as a condition of final approval of plans as provided in Article VIII hereof, the Itapplicant" described in said Article Vm. as to each multi-family lot, shall cause to be paid to the Declarant, or its de- signated successor or assign for such purpose, the sum of Three Hundred Fifb Dollars ($350.00) €or each dwelling unit constructed on each such .. I j: Order; AUTO-MP-00059146 Description: 1981.107567 Page 14 of 18 Comment: M TRUDY I I. . '; . .' . 1793 .. s&fs lot. Two Hundred Dollars ($200. OO), of which is allocated to elementary School facilities. such reimbursement shall be payable only upon final approval of the building plans by the Architectural Committce, provided in no event shall such fees be payable more than one time. Declarant reserves the right to impose a lien upon each lot in said property to enforce collection of such reimbursement. ARTICLE XIZI RIGHT TO ENFORCE 1. The provisions cantair-ed in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, its successors or assigns, tbe Ci$ of Carlsbad, or the owners of any portion of said property, or their and each of their legal representatives, heirs, successors, or assigns; am3 the failure to enforce any such conditions. restrictions or covenants herein contained shall in no event be deemed to be a waiver of the right to do so thereafter. 2. In any legal proceeding commenced by anyone entitled to enforce, or restrain a viola~cm of this Declaration, or any provision hereof. the 1osiEg party or parties shall pay the attorney's fees of the winning party or parties in such amount as may be fixed by the Court in s~ch proceeding. AETICLE XIV AMENDMENT This Declaration, or any part thereof, may be amended or supple- mented by an instrument, in writing, subscribed by the Declarant and the owner or owners of not less than stciy-six and two-thirds perqent (66 213%) of the lots and filed for record in the office of the Counv Recorder of San Diego COUlQ. IN WITNESS WHEREOF. LA COSTA LAND COMPANY. a corporation, has caused its corporate name to be hereunto subscribed by its officers there- unto duly authorized and its corporate seal affiied as of the day and year first above written. P .. 1 L- .! Order: AUTO-MP-00059146 Description: 7981.107567 Page 15 of 18 Comment: M TRUDY .. 1794 ' STATE OF CALIFORNIA. ) C0C:Kn OF SAh' DIEGO 1 9s. 1 on 2). 19 7,4 , 1976. before me. the undersigned. a Notary mlic in and fo:: said State, personally appeared BURTON L. KRAMER , known to me to be the Vice President and ELAINE THOMAS , kno~vn to me to be the Assi Varv 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 achowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and officfal seal. County and State . .-.. .. Order: AUTO-MP-00059146 Description: 1981.107567 Page 16 of 18 Comment: M TRUDY t?95 'B . '" IN WITNESS mm~, LA COSTA LAND COMPANY, an Illinois corporation, has caused its corporate name to be hereunto subscribed by its officers who are duly authorizod and its corporate seal affixed as of this 6th day of April, 1981. STATE OF CALIFORNIA COUNTY OF OMGE 1 ) 5s.: R. A. Verry Secretary an April 6 , 1981, before me, the undersigned Notary public in and for said State, personally appeared Warren A. Colton I11 Senior Vice-president, Land and Richard A. Verry , known to me to be the , known to me to be the Secretary of the corporation that 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. WITNESS my hand and official seal. Said County and State .. .. .".. 1 Order: AUTO-MP-00059146 Description: 1981.107567 ...- """ .. ,.. ."L -... . I Page 17 of 18 Comment: M TRUDY __ - " "". ""--.1- ". . - ~ _". z ..* ;"-r%.i ""... ". .;. 1 . .. ***. - 1 . ." - 1796 * .: .f . ". . 0;PitiL SCHEDUh OF MAX?MUAX DENSITY PER LOT FOR - GREEN VALLEY KNOLLS Carlsbad Tract No. 75-7 7. - Max. Density Units per lot Lot No. 226 227 EXHIBIT "A" 16 33 s I. 0 c I Order: AUTO-MP-00059146 Description: 1981.107567 Page 18 of 18 Comment: M TRUDY