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HomeMy WebLinkAboutCP 89-03; LOUIS BIKADI; Condo Permit (CP)0 CITY OF cARLSBAD FEE $400.00 2075 LAS PALMAS ER. CARLSBAD, CA 92009 ENGINEERING DEPARTMENT TENTATIVE PARCEL MAP (4 OR LESS PARCELS OR CCNtX1INIt3M tJNTI'S) THE AE(IT IS RFXUiRED ¶10 FOR OFFICE USE ONLY AILY FM COASTAL aWrSSICH AI/AL IF ID11i) IN THE COASTAL ZCtE M. S. NO. 9 9f7r DATE LOCATION OF P=:6800 block Luciernage ~SIIDE OF end of =1 -de -sac (NORM, SCXJIH, () WEST) (NAME OF STREET) BETREEN Argonauta Street Cazadero StreetAND (ME OF STREET) (NAME OF STREET) LEGAL DESCRIPTION: (X?,IFLEIE) Lots 194 & 195 of La Costa Meadows Unit 1, in the City of Carlsbad, County of San Diego, State of California according to Map No. 6800 NO. OF EXISTING 101'S TOTAL ACREAGE NO. OF PROPOSED LOTS ASSESSORS PARCEL NO. 2 1.43 1 lot/4 units 215-300-01,02 )JECT AWRESS (IF AVAILABLE) TYPE OF SUBDIVISION (CIRCLE ONE) end_of_Luciernage_Ct. EN1JS'IIAL, cXMERCIAL, RESIDflTIAL NAME OF PERSON WHO PREPARED MAP REGISTRATION NO. (IF APPLICABLE) ZONE NO. Art Macaraeg/Brian Smith Eng. Inc. RCE 33069 AiXESS OF MAP EPAR€R PHONE NUMBER 7 6 i-1- 1-ri-, Crhad, CA 92008 (619) 729-8981 OWNER APPLICANT (PRINTNAME OF TYPE) NAME (flT OR TYPE) John & Margaret Bence Louis Bikadi MAILING AESS MAILING ADESS P. 0. Box 3745 P. 0. Box 3745 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Rancho Santa Fe, CA 92067 756-9359 Rancho Santa Fe, CA 92067 75(- I CERTIFY THAT I AM THE LEGAL CNER I CERTIFY THAT I AM THE OWNER IS AND 'IHAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND 'IHAT ALL 'I IS ITUE AND CORRECT '10 TEE BEST OF ABOVE INFORMATION IS TRUE AND MY (NCWLEDY.. CORRECT TO THE BEST OF MY 1QUqLEDGE. SI / DKE SI 93 . S C ADDITIONAL REQUIREMENTS FOR £ONOONINIL#IS. PLANNED UNIT DEYELOPNENT, ETC. For Minor Planned Developments (4 or less units), the following items are required: FEES: /$255.00 Planned Unit Development V $240.00 Condominium .- $165.00 Non-Residential $ 55.00 Amendment Planned Unit Development $ 75.00 Amendment Condominium / $ 40.00 Amendment Non-Residential / $ 5.00/Unit Notification of Tenants for Condominium / Conversion A. "Four (4) copies of the Tentative Parcel Mao folded in a size not to exceed 8 112" x ii". B. /'Site Plan: Four (4) copies (24" x 36") folded in a size not to exceed 8 112" x lilt and shall include the following: 1. All building/structure locations, walls and/or fences, exterior lights. 2. Building set backs (front, rear, sides). 3. Dimensioned location and width of paved access (driveways or private streets (and show typical section]). C. /Four (4) copies of the Building Elevations and Floor Plans folded in a size not to exceed 8 1/2" x 11" and shall include the following: 1. Floor plans with square footage included. 2. Location and size of storage areas. 3. All buildings, structures, walls and/or fences, signs and exterior lights. D.JConversion to Condominiums - List of names and addresses of all tenants of J the units to be converted to condominiums. E.1 Conversion to Condominiums - One (1) copy of a compliance inspection I (performed by the Building Department at a cost of $30.00) is required. F. Conversion to Condominiums - must pay a total of 3.5% of original building valuation minus what ever license tax and P.F.F. fees already paid. G. ,/Submit tenant notification form. 0 *1 "0;4 - ?Z) Recording Requested By: ) Louis Bikadi ) P.O. Box 3745 ) Rancho Santa Fe, CA 92067 ) When Recorded, Mail to: ) Saxon, Alt, Dean, Mason, ) Brewer & Kincannon, ) A Professional Corporation ) 4275 Executive Square, Suite 700 ) La Jolla, California 92037-1477 ) ) Space Above For Attn: Pamela D. Ferry, Esq. ) Recorder's Use TUSCANY VILLAGE CONDOMINIUM PLAN The undersigned, Louis Bikadi; Kathy Bikadi; John Bence; Margaret Bence; Gabor Toth; and Darlene Toth, being the record owners of the property described hereinbelow, and those beneficiaries of deeds of trust (if any) who have executed consents attached hereto, hereby consent to the recordation of this Condominium Plan as such is defined and required by California Civil Code section 1351(f). The property subject to this Condominium Plan is situated in San Diego County, California, and is more particularly described as: All of Lot 194 and 195 of La Costa Meadows Unit 1 in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 6800, filed in the office of the County Recorder of San Diego County, December 9, 1970, As Adjusted per Certificates of Compliance recorded August 7, 1984, as File No. 84- 299678 and File No. 299679 of Official Records. Attached hereto and made a part hereof is a survey map of the surface of the land included within the condominium project to which this Condominium Plan relates and diagrammatic floor plans of the buildings to be built thereon. The following notes and definitions apply to said survey map and diagrammatic floor plan. i e . . 1. Definitions: 1.1 "Common Area" shall mean all portions of the Project not located within the boundaries of a Unit. 1.2 "Exclusive Use Building Area" shall mean that area located within the boundaries of each Unit, and intended for the exclusive use of the Owner of such Unit as a single-family residential dwelling, and includes but is not limited to, the residential dwelling building and structures to be built thereon as such are depicted on the attached diagrammatic floor plans and including: all foundations, footings, floors, exterior and interior walls, beams, trusses, roofs, flashing, vents, fireplaces and chimneys, flues, ducts, insulation, heating or cooling systems, plumbing and sewer systems, tanks, pumps, pipes, all utility systems (including but not limited to: electrical, cable t.v. and telephone wires, outlets or antennas) and all fixtures attached thereto (including but not limited to: appliances, floor coverings, window treatments, electrical, utility and plumbing fixtures), excepting therefrom, any pipes, wires or other utility fixtures which serve another Unit, notwithstanding the fact that such fixtures which serve another Unit are partially located within the boundaries of the first Unit, they shall be a part of the Common Area. 1.3 "Exclusive Use Landscape Area" shall mean that area located within the boundaries of each Unit which is not within the boundaries of the applicable Exclusive Use Building Area for that Unit, and is intended for the exclusive use of the Owner of such Unit as a privately maintained landscape area, and shall include all landscape and hardscape planted or constructed therein, as well as, the internal facing portions of any exterior boundary walls, fences, gates or other structures erected on or along the exterior boundary of the Unit. 1.4 "Project" shall mean the Tuscany Village Condominium Project, encompassing both the Common Area and the Units as such are defined herein. 1.5 "Unit" shall mean each of the airspaces identified on the attached survey map as Units 1 through 4, inclusive, the dimensions of which are set forth in Section 2. hereinbelow. / / / / / / / / ii. I 2. Notes: 2.1 Unit 1 shall consist of all that area, including air, earth or water, which lies within the following laterally oriented metes and bounds description of the units's monumentation, as such is depicted on the attached survey map, and extends for an indefinite distance upwards and downwards: 2.1.1 Exclusive Use Building Area No. 1 shall consist of all that area which lies within the boundaries of Unit 1, including air, earth, water, or residential dwelling buildings and structures to be built thereon as such are depicted on the attached diagrammatic floor plans, the boundaries of which are: 2.1.2 Exclusive Use Landscape Area No. 1 shall consist of all that area which lies within the boundaries of Unit 1, but which does not lie within Exclusive Use Building Area No. 1. 2.2 Unit 2 shall consist of all that area, including air, earth or water, which lies within the following laterally oriented metes and bounds description of the units's monumentation, as such is depicted on the attached survey map, and extends for an indefinite distance upwards and downwards: 2.2.1 Exclusive Use Building Area No. 2 shall consist of all that area which lies within the boundaries of Unit 2, including air, earth, water, or residential dwelling buildings and iii . I structures to be built thereon as such are depicted on the attached diagrammatic floor plans, the boundaries of which are: 2.2.2 Exclusive Use Landscape Area No. 2 shall consist of all that area which lies within the boundaries of Unit 2, but which does not lie within Exclusive Use Building Area No. 2. 2.3 Unit 3 shall consist of all that area, including air, earth or water, which lies within the following laterally oriented metes and bounds description of the units's monumentation, as such is depicted on the attached survey map, and extends for an indefinite distance upwards and downwards: 2.3.1 Exclusive Use Building Area No. 3 shall consist of all that area which lies within the boundaries of Unit 3, including air, earth, water, or residential dwelling buildings and structures to be built thereon as such are depicted on the attached diagrammatic floor plans, the boundaries of which are: 2.3.2 Exclusive Use Landscape Area No. 3 shall consist of all that area which lies within the boundaries of Unit 3, but which does not lie within Exclusive Use Building Area No. 3. iv 0 0 . 2.4 Unit 4 shall consist of all that area, including air, earth or water, which lies within the following laterally oriented metes and bounds description of the units's monumentation, as such is depicted on the attached survey map, and extends for an indefinite distance upwards and downwards: 2.4.1 Exclusive Use Building Area No. 4 shall consist of all that area which lies within the boundaries of Unit 4, including air, earth, water, or residential dwelling buildings and structures to be built thereon as such are depicted on the attached diagrammatic floor plans, the boundaries of which are: 2.4.2 Exclusive Use Landscape Area No. 4 shall consist of all that area which lies within the boundaries of Unit 4, but which does not lie within Exclusive Use Building Area No. 4. IN WITNESS WHEREOF, this oiominium Pl has been executed at San Diego, California, the (' d of,____________, 1990. Louis BiJi / On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. I . IN WITNESS WHEREOF, this Condominium Plan has been executed at San Diego, California, the day of 1990. 4tK hkadi On before me, the undersigned, a Notary Public in and for said State, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. IN WITNESS WHEREOF, this Condominium Plan has been executed at San Diego, California, the day of , 1990. IL ; John Bence - On before me, the undersigned, a Notary Public in and for said State, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. vi . . IN WITNESS WHEREOF, this Condominium Plan has been executed at San Diego, California, the day of 1990. - AgarBence On before me, the undersigned, a Notary Public in and for said State, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. IN WITNESS WHEREOF, this Condominium Plan has been executed at San Diego, California, the day of 1990. J~-J ) Gab'or Toth On before me, the undersigned, a Notary Public in and for said State, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. vii S . IN WITNESS WHEREOF, this Condominium Plan has been executed at San Diego, California, the day of , 1990. Darlene Toth On before me, the undersigned, a Notary Public in and for said State, personally appeared I personally known to me or proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. viii S . Note: attached hereto should be copies of the engineer's survey map and diagrammatic floor plans for each unit. ix 9 . . ARTICLES OF INCORPORATION TUSCANY VILLAGE OWNERS' ASSOCIATION, INC. ARTICLE 1 The name of this corporation is TUSCANY VILLAGE OWNERS' ASSOCIATION, INC. (hereinafter referred to as the "Association"). ARTICLE 2 A. This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under such law. B. The specific and primary purpose of the Association is to act as a "management body" for the preservation, maintenance, improvement and architectural control of the Tuscany Village Condominium Project (hereinafter referred to as "the Project") located in San Diego County, California. The Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific and primary purpose of the Association. ARTICLE 3 The name and address in the State of California of the corporation's initial agent for service of process are: Louis Bikadi, P.O. Box 3745, Rancho Santa Fe, CA 92067. ARTICLE 4 The names and addresses of the persons who are appointed to act as the first directors of the Association are: Name Address 1. Margaret Bence 2702 Lucieraga Street La Costa, CA 92009 1 (3 . 2. Gabor Toth 3. John Bence 4. Louis Bikadi 9141 Togan Ave. San Diego, CA 92129 2702 Lucieraga St. La Costa, CA 92009 P.O. Box 3745 Rancho Santa Fe, CA 92067 ARTICLE 5 As used in these Articles of Incorporation, "Declarant" shall mean the subdividers of the Project and any successor or successors in interest of the subdividers. The members of the Association shall consist of Declarant prior to the first conveyance of a condominium within the Project and, thereafter, shall consist of those persons who hold record title to any condominium, including Declarant for as long as Declarant holds title to a condominium. Membership shall be appurtenant to and may not be separated from ownership of a condominium. ARTICLE 6 The members shall be divided into two classes for the purpose of voting, Class A and Class B. Class A member(s) shall be all owners of condominiums except Declarant and said Class A member(s) shall be entitled to one vote for each condominium owned. The lone Class B member shall be Declarant, who shall be entitled to three votes for each condominium owned. Declarant's Class B voting status shall cease and convert to Class A voting status when the total votes outstanding in Class A equal the total votes outstanding in Class B. Except as provided above with respect to voting rights, the property and other rights, interests and privileges of each member in good standing shall be equal. If record title to a condominium is held in the name of more than one person, such persons shall collectively constitute a single member of the Association and there shall be only one vote attributable to such member (unless such member is Declarant, in which case such member shall have the number of votes attributable to Declarant as set forth above). Each of such persons collectively constituting a single member shall otherwise be individually entitled to the benefits of membership in the Association. ARTICLE 7 On the dissolution or winding up of the Association, the assets of the Association remaining after payment, or provision for payment, of all debts and liabilities of the 2 9 0 Association, shall be distributed so that each member of the Association shall receive one equal share of such assets for each condominium in the Project owned by such member. ARTICLE 8 Amendments to these Articles of Incorporation may only be adopted (i), if there are two voting classes, by a majority vote or written ballot of the members of the Association in each of the two voting classes or (ii), upon cessation of one of the two voting classes, by a 3/4 vote or written ballot of all members in the remaining voting class including the vote(s) of Declarant as a member of such remaining voting class. Amendment of a specific clause or provision of these Articles of Incorporation shall not be by a vote of less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. Amendments shall be reflected in the book containing the original Articles of Incorporation. Upon the adoption of an amendment, the secretary of the Association shall file a Certificate of Amendment or Restated Articles of Incorporation as required by California Corporations Code section 7814 or 7819 or in accordance with the provisions of section 7816. IN WITNESS WHEREOF, the undersigned, constituting the incorporator(s) of the Association and being the persons named hereinabove as the first directors of the Associa7 on, have executed these Articles of Incorporatii this day of ______ ________ 19±. 1/1/-) e Johr)'?ence Lou r 3 (9 I 0 S CAT. NO. NN00627 TO 1944 CA (9-84) j TICOR TITLE INSURANCE (Individual) STATE OF CALIFORNIA COUNTY OF San Diego } On March 26, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Louis Bikadi & Kathy Bikadi & John Bence & Margaret Bence & Gabor Toth & Darlene Toth * * personally known to me or proved to me on the basis of satisfactory evidence to be I the person..... whose name s are subscribed to the J '9\ OFFICIAL SEAL within instrument and acknowledged that they exe- VMrA I (N AVT(M NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN .' SAN DIEGO COUNTY My Commission Exp. June 21. 1991 Signature (This area for official notarial seal) cuted the same. WITNESS my hand and official seal. 0 fl I hereby foregoing Articles Association, Inc., ,xecuted 19 at K&4L4o declare that I am the person who executed the of Incorporation of Tuscany Village Owners' which execution is my act and deed. on this day of californk ,,,/ arg it nce I hereby declare that I am the person who executed the foregoing Articles of Incorporation of Tuscany Village Owners' Association, Inc., which execution is my act and deed. Executed on this vlio day of 19Q at ', California. John Bence I hereby declare that I am the person who executed the foregoing Articles of Incorporation of Tuscany Village Owners' Association, Inc., which execution is my act and deed. l99q at E 4 J.- on day of I Californ7 Ri I hereby declare that I am the peiQwho exected the foregoing Articles of Incorporation of Tuscany Village OMners' Association, Inc., which execution is my act and deed. Execute ___ 1 9(), at cois?(o day of California. Gabor &6D ;6h ( Note: each signature should be notarized.) 4 4 0 -r- ._'7"_______•_•.• CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM _LJIin ci // /i1i/ .11/ DATE_ /1 2Jz i-t .)if • 1':; ) ACCOUNT NO. (-I-' DESCRIPTION AMOUNT 561-7 01 14 - misc f 0001 9 r PPt 89 RECEIPT NO. 98786 TOTAL 7 7 / /1 -