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
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DOCUMENT IS BEING RE-RECORDED TO CORRECT A TYPOGRAPHICAL ERROR, Pg. 3, 113-
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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. ! :> ' . ..
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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
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' 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.
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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.
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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
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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
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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 : -,
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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. -
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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
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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
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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
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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 ,-
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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
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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.
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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
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. 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
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Order; AUTO-MP-00059146 Description: 1981.107567 Page 14 of 18 Comment: M TRUDY
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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.
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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
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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
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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"
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