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HomeMy WebLinkAboutCP 95-02; Lagoon Waterfront LLC Condominium; Condo Permit (CP) (9)LAGOON WATERFRONT LLC A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 FAX: (619) 722-6358 Telephone: (619) 722-6358 February 7, 1996 Ms. Anne Hysong, Staff Planner City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 619/438-1161 RE: CONDOMINIUM PERMIT, MS 95-04, CP/95-02 LAGOON WATERFRONT LLC MINOR SUBDIVISION CONDO CONVERSION 4571 - 4575 Cove Dr., Carlsbad, CA Dear Anne, In response to our January 15, 1996 approval and Conditions of Approval, we respectfully submit the following: Correspond with PLANNING Pent. January 15. 1996 letter: 2. Our engineer will be deliver to the Engineering Department this Friday, February 9, 1996, the 24" x 36" mylar Tentative Parcel Map with all conditions to the map listed. 4. Enclosed, please find C.C.& R's consisting of seven page which incorporate provisions prohibiting tandem parking in front of garages within the 10' front yard setback, (see Page 3, Section 2.01.). 5. Said C.C.& R's contain a provisions stipulating that if either of the units of this project are rented, the minimum time increment for such rental shall be not less than 26 days, (see Page 3, Section 2.03.). 7. Attached, please find the notarized original of the "Notice of Restriction" for recording to Caveat all parties that the City has issued conditions as a Condo Permit CP 95-02. 9. California Coastal Permit/De Minimis Waiver was submitted and accepted by the Commission last week, (see copy of enclosed receipt). Should you have any questions or if I may be of any further assistance, please don't hesitate to call. Thanking you in advance for your consideration in this matter, I am, Respectfully, LAGOONWA ONTLLC D. Jack Managing Member FEB 0 7 chrn 96 '•jiV Recording Requested By: When Recorded Mail To: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Space above for Recorder's use Assessor's Parcel Number Project Number and Name: CP 95-02/LAGOON WATERFRONT CONDO; NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: '' '' ' Lot 37 of Tract 5162 in the City of Carlsbad, County of San Diego, State of California as filed in the office of the County recorder of said county, and commonly known as 4571 and 4575 Cove Drive, Carlsbad, CA. is restricted bv a CONDOMINIUM PERMIT No. CP 95-02 issued by the City of Carlsbad on JANUARY 15, 1996 A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. LAGOPN WATERFRONT LLC. Owner's Name:•/_ CITY OF CARLSBAD Signature D. JACK. MANAGING MEMBER Name Printed/Title Signature Name Printed/Title _ Date' ' " APPROVED AS TO FORM: RONALD R. BALL, City Attorney by: _ _ _ _ _ _ Deputy City Attorney MICHAEL J. HOLZMILLER Planning Director Date ., ,, , r ATTEST: ALETHA L. RAUTENKRANZ, City Clerk K:\ADMIN\MERGE\NOT1CES\RESTRICT.FRM REV. 11/28/98 CALI PAY HA CPASTAL COMMISSION . District Permit Apf&cation Fee Receipt Application No. Date Received " "^-^ APPLICANT (If other than Payor): FORM OF PAYMENT: City TYPE OF PERMIT: LIJ Regular ! i Administrative L_J Emergency L_J Amendment/Extension Permittee $ 2581 CCC 20 (10-88) ORIGINAL—Payor DUP—Accounting TRIP—District CALIFORNIA COASTAL COMAMSSION i*n r«co CO«T »«t,« v:i CAM»IO Ofl »O wo»-*i. '.uir* ?(X SAN OtfCO CA o?!**"?1-! m-s APPLICATION FOR COASTAL DEVELOPMENT PERMIT SECTION I. APPLICANT 1. Maine mailing address, and telpprnnerujrTtberofaf appfcants LAGOON WATERFRONT 1 1 C C/DJOQILJ^. P.O. BOX 2198 CARLSBAD, CA 92018 (619) (Afsa ccxfetdsytmie pfajno numtv) Note: Alt applicants for the development mast complete Appendix A, the declaration of campaign contributions. 2. Name,rraangadaressarxJteteprw>enurnbeidapp5c^ rppresertatowfwwSccrrTnur^eonbeM corrpensatwvwtoteOjrmiesKMOflte appropriate, including after the appfcafon is accepted tor fifcig. FaAve to provide Vii&nionTiatian prior to con muncaSonwtfi the COntiteijn or staff may result in denial (rfgiepeffntorcrirniiafpenaBes.) LAGOON WATERFRONT LLC C/0 DON L. JACK P.O. BOQI.98.. TA q?niP. (619) 720-9785 FAX: (619< 720-9785 SECTION H. PROPOSED DEVELOPME^ Please answer aB questions- Where questions do not apply to your protect (for instance, projec! height kx a land dwsnn). incScale Not Applicable or NA 1 Project Location. Include street address, city, and/or county. K there is no street address, indude otfier description such as nearest cross streets 1571 S 4575 COVE DRIVE number CARLSBAD, COUNTY OF sftpef SAN DIEGO ctf counfy Assessors Parcel Nii-nberfc) (otterabe from to bJIwCcwtfv Assessor): APN FOP QFSCfySc ONLY APPLICATION MUTJIBEH RECSVED RLED Fa DATE PAID ?07-ii;n-7i-nn CC&R COV * i>RAFT FOR CITY APPROVAi, * WHEN RECORDED MAIL TO: LAGOON WATERFRONT LLC P.O. BOX 2198 CARLSBAD, CA 92018 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ON REAL PROPERTY WHEREAS, LAGOON WATERFRONT LLC, a California Limited Liability Company and hereinafter referred to as "Owner" or "Grantor", is the Owner of that certain property which is legally described as: Lot 37 of Tract 5162 in the City of Carlsbad, County of San Diego, State of California as filed in the office of the County recorder of said county. Said property is commonly known as 4571 and 4575 Cove Drive . hereinafter referred to as the "Property", which contains two (2) real property single family residences; and WHEREAS, the Property is conditioned by [Minor Subdivision No. 95-04 1. [Condominium Permit No. 95-02 lf [the Amended and Restated Declaration of Restrictions and Protective Covenants recorded December 3. 1983 (modified since and originally recorded February 17, 1965)] and [other such standard Homeowner's Association Covenants, Conditions and Restriction documents as associated with the properties master homeowner's association know as the Bristol Cove Property Owners Association!, all of which are hereinafter collectively referred to as "Proclamations", to said Property; and WHEREAS, No provision of this Declaration is intended to, nor shall it be deemed to modify, waive, delete or amend any condition or provision of said Proclamations; and WHEREAS, the City of Carlsbad has approved the property for subdivision into two (2) individual single family condominium residences, hereinafter referred to as "Unit"(s) or "Lot", which may or may not have separate ownership. Said approval requires that this Declaration be made to reflect covenants, conditions and restrictions as a part of the Property; NOW, THEREFORE, Grantor does hereby declare that all of said Lot and Property described herein shall henceforth be sold, held, transferred, conveyed, encumbered, 1 hypothecated, leased, uscu, occupied, and improved subject to che following Covenants, Conditions, and Restrictions, additionally referred to as "Declaration", all of which are imposed for the purpose of uniformly enhancing and protecting the value, attractiveness, and desirability of the Property in furtherance of general standards for the protection, maintenance, development, subdivision, improvement, and sale of the Property, and every part thereof as a servitude in favor of each and every Unit thereof. GRANTOR FURTHER GRANTS AND DECLARES THE FOLLOWING: ARTICLE I GENERAL PROVISIONS Section 1.01. "Binding Affect" The covenants, conditions, and restrictions set forth herein shall run with the Property and shall be binding upon all Persons having any right, title, or interest in and to said Property or any portion thereof, their heirs, successors, and assigns, and shall inure to the benefit of every portion of the Property and any interest therein, and shall inure to the benefit of and be binding upon Grantor or its successors in interest, and each Owner and Unit (as defined herein) and his or her respective successive Owners, and may be enforceable by Grantor and/or by any other such affected Owner(s) of the property(ies) as provided by this Declaration. Section 1.02. "Constructive Notice and Acceptance" Every person or entity who owns, occupies or acquires any right, title, estate, or interest in or to any Lot, Unit or other portion of the Property does and shall be conclusively deemed by the acquisition of same, to have consented and agreed to binds themselves or itself, its heirs, personal representatives, successors, transferees and assigns, and agrees to the reasonableness and effect of every limitation, restriction, condition, servitude and covenant contained herein or any Amendments thereto, whether or not any reference to this Declaration is contained in the instrument by which such person acquired his interest in the Property, or any portion thereof. Section 1.03. "Rights of Mortgages" 1. Mortgage Permitted. Each Owner may encumber his Unit with Mortgage obligation(s). 2. Subordination. The restrictions and/or any provisions set forth herein are hereby declared and expressly made subject and subordinate to any and all mortgages hereto whether or not such mortgage is perfected prior to or later than the date hereof and shall not supersede nor in any way reduce the security or affect the validity of any mortgage or Deed of Trust made in good faith and for value; provided, however, that if any portion of the property is sold under a foreclosure of any mortgage or under the provisions of any Deed of Trust, any purchaser at such sale, and his successors and assigns, shall hold any and all property so purchased subject to all of the restrictions and provisions of this Declaration. Section 1.04. "Indemnification" Each Owner shall be liable to the other Owner for any injury to Property or life that may be sustained by the injured Owner, by reason of the other Owners negligence, or negligence of that Owner's family members, contract purchasers, tenants, guests, or invitees, but only to the extent that such damage is not OCR COVE 2/96 2 covered by casualty insui aoce. Each Owner, by acceptance of ms deed, agrees personally and for family members, contract purchasers, tenants, guests, and invitees, to indemnify the other Owner, and to hold him harmless from, and to defend him against, any claim of any person for personal injury or property damage occurring within the Common Area or the Lot of that particular Owner, except to the extend (i) that such injury or damage is covered by liability insurance in favor of the other Owner or (ii) the injury or damage occurred by reason of the willful or negligent act or omission of the other Owner or other person temporarily visiting his Residence. ARTICLE II USE RESTRICTIONS and MAI! Subject to the exemptions of Grantor as set forth herein, all real property within the Property shall be held, used, and enjoyed subject to the following limitations and restrictions. Notwithstanding anything to the contrary herein, these restrictions shall not be interpreted in such a manner as to permit any activity which would be contrary to any governmental ordinance or regulation. Section 2.01. "10 foot front yard setback" No Unit shall tandem park in front of the existing garages within the 10 foot front yard setback except on those particular grounds purposely set forth and designated as guest parking. Section 2.02. "Vehicles" No owner shall park, store, or keep anywhere on the Property including without limitations to any street, alleys or driveway, any type of large truck, any commercial-type vehicle, dump truck, cement mixer truck, oil or gas truck, or delivery truck, or any truck with a load capacity which exceeds one (1) ton, any recreational vehicle (camper unit, house-car, motor home, recreational vehicle or the like), bus, trailer, trailer coach, camper-trailer, boat, Section 2.03. "Unit Rental" Should either Unit within this project be rented, the minimum time increment for such rental shall not be less than 26 days. Section 2.04. "Exterior Maintenance and Repair: Owner's Obligations" All Improvements within the Property shall at all times be kept in good appearance and repair such as not to create any dangerous, unsafe, unsightly, or unattractive condition. Section 2.05. "Landscape" Each individual Unit or its successors or assigns in interest, shall be permanently responsible for planting, nurturing, growing, watering, fertilizing, pruning, weeding, preserving, cleaning, maintaining, and proper caring for any and all landscape or grounds upon that particular side of the lot, hereinafter "Side of the Lot", in which that particular Unit lies. All landscaping shall be maintained in an attractive manner and Owner shall keep such landscaping and Lot in a neat, clean, properly weeded, watered and well cared for condition. Said Side of the Lot shall be determined by a hypothetical horizontal separation line which runs exactly through the middle of and parallel to the center demising wall of the properties and extended from street curb to lagoon waterfront. The intent hereof is simply that each individual Unit Owner maintain the property on his Side of the Lot. Section 2.06. "Plastering. Roofing. Edifice" Each Unit shall be perpetually responsible for maintaining, replacing, repairing and the proper caring for any and all exterior plastering, roofing, external building edifice or elements upon the particular Side of the Lot in which that dnit lies, so as to not in anyway detract from the attractive appearance of the property. Section 2.07. "Common Area Maintenance Assessments" Each Owner by acceptance of deed, covenants, warrants and agrees for each Unit, to pay one-half (1/2) of the cost of maintenance, repair and replacement for any common walkways, roofing, wharfage, landscape, or the like. The Owners shall jointly determine what maintenance, repairs and replacements (the "Repairs") are needed from time to time, the cost of completing them, and the contractors to perform the Repairs. Should the Owners fail to agree upon the Repairs after negotiating with each other in good faith, the matter shall be decided by binding arbitration as set forth hereinbelow and each Owner shall bear one- half (1/2) of all costs thereof. Section 2.08. "Waterfront Wharfage" Each Unit Owner hereby pledges and warrants, each to the other, that within one (1) year of initial occupancy, they shall construct and equally share all efforts and costs of a waterfront wharfage boat dock facility, of which the same shall be built in conformance with the "Bristol Cove Property Owners Association Minimum Construction Requirements for Wharfage Facilities". Moreover, each Unit Owner from that period forth, hereby pledges and warrants, each to the other, that they shall equally share any and all on going costs for the perpetual maintenance, replacement, repairing and proper caring for said waterfront wharfage boat dock facility. Section 2.09. "Nuisances" No Unit shall be used in such a manner as to obstruct or interfere with the residential uses, rights to peace and quiet, and the bundle of rights inherent to each Unit. No noxious or offensive activity shall be carried on, in, or about any Unit, nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to any other Unit or Owner. Without limiting the generality of the foregoing provisions, no loud noises or noxious odors, no loud or incessant barking or noisy animals, no exterior speakers, radios, amplifiers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes), no noisy or smoky vehicles, large power equipment or large power tools, CB radios or large antennas, loud music, electric or electronic equipment, or any other such components, objects, things or the like, nor shall any improvements in the Property be located, used, or placed on a portion of the Property or exposed to the view of another Owner which may unreasonably interfere with any Owners rights to quiet enjoyment and/or full use of fee simple property ownership rights. Section 2.10. "Animal and Insect Restriction" No livestock, reptiles, insects, poultry, horses, goats, pigs, birds, or other animals of any kind shall be raised, bred, or kept by any Unit or Owner, except domestic dogs, cats, fish, birds or other such household pets provided that they are not kept, bred, or maintained for commercial purposes or in unreasonable quantities. As used in this Declaration, "unreasonable quantities" shall ordinarily mean more than three (3) pets per dwelling Unit; provided, however, that the City may determine that a reasonable number in any instance may be more or less. The City shall have the right to prohibit maintenance of any animal which, in its opinion, constitutes a nuisance to any other owner. Animals belonging to owners, occupants, or their licensees, tenants, or invitees within the Property must be either kept within an enclosure or on a leash being held by a Person capable of controlling the animal. Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their families, guests, tenants, and invitees for any nuisance, waste matter, damages or injuries caused by any animals of his Family, his tenants, or his guests. OCR COVE 2/96 ARTICLE III TERMINATION. AMENDMENT. AND SEVERABILITY Section 3.01. Termination and Amendment" It is the expressed purpose and intention of the Grantor hereof and by the execution and recordation of this declaration as directive for any and all such Covenants, Conditions and Restrictions as noted herein, that this declaration and all such Covenants, Conditions and Restrictions created hereby shall without further signatures, amendments, addendums, or documentation of any kind, automatically terminate and expire, become null and void, and be without further force or effect, and shall thereby automatically drop from any and all of the property described herein on January 1, 2030 A.D., unless reinstated in writing and recorded for constructive notice, by a majority of not less than a fifty-one (51%) percent vote of all owners then in title to said Units. This Declaration may be modification, amended or even revoked of which the same shall become effective upon the Recordation of an instrument signed by a majority of fifty-one (51%) percent of the Owners of Units within the Property setting forth in full any such modification, amendment or revocation certifying the extinguishment of this Declaration as provided herein. In determining the number of votes that may be cast under this Declaration, each Unit shall be entitled to one (1) vote. When more than one person owns an interest in a Unit, the vote for the Unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Unit. Should the Owners fail to agree or reach an impasse, the matter shall be decided by binding arbitration as set forth hereinbelow and each Owner shall bear one-half (1/2) of all costs thereof. ARTICLE IV MISCELLANEOUS Section 4.01. "Enforcement" Breach of any of the Covenants, Conditions and Restrictions contained in this Declaration and the continuation of any such breach may be enjoined, abated, or remedied by appropriate legal or equitable proceedings by any Owner or any Unit or interested party thereof, or by the city or by Grantor. The city shall have the right, but not the obligation, to enforce the provisions of this Declarations. It is hereby agreed that recovery of damages at law for any breach of the provisions of this Declaration shall be adequate remedy. Breach of any Covenants, Conditions and Restrictions contained in this Declaration shall not defeat or render invalid the lien on any recorded Mortgage, or any part thereof made in good faith and for value as to any Unit of the Property; but such Covenants, Conditions and Restrictions shall be binding and effective against any Owner of a Lot or Lots whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. Section 4.02. "Arbitration Costs, and Attorney Fees" Except to the extent that the disputing parties should agree in writing to any other method of resolution of any given dispute regarding this Declaration, the parties acknowledge that they, by their acceptance and acquisition of the Property/Unit, hereby acknowledge that it shall be incumbent on each, to settle in as expeditious and inexpensive manner as possible any such controversy or claim arising out of or relating to this Declaration, FIRST THROUGH BINDING ARBITRATION before the use of any legal remedies at law. Section 4.03. "Arbitration of Disputes" Each Unit Owner hereby agrees, pledges and warrants each to the other, that any dispute or claim in law or equity arising out of this Declaration or any covenants hereof, after proper discovery procedures, be decided by neutral binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to an arbitration may agree in writing to use different rules and/or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with part III, Title 9 of the California Code of Civil Procedure. Judgement upon the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof. The parties shall have full rights of discovery in accordance with Code of Civil Procedure #1383.05, and should either party refuse or neglect to appear or participate in any such arbitration proceedings, the Arbitrator shall be empowered to award judgement in accordance with whatever evidence is presented by the parties that do participate. Any action for bodily injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure SS 337.1 or 337.15 applies are excluded from arbitration hereunder. Section 4.04. "No Representations or Warranties" No representations or warranties of any kind, express or implied, have been given or made by Grantor or its agents or employees in connection with the Property or any portion of the Property including, but not limited to, dealing with its physical condition, attributes, zoning, compliance with applicable laws, or suitability except as specifically and expressly set forth in this Declaration and except as may be Filed by Grantor from time to time with any other governmental authority. Section 4.05. "Insurance Obligations of Owners" Each owner shall be solely responsible for insuring all of his Dwelling Unit and other Improvements on his Lot, including without limitation and/or the structural portions of such Dwelling Unit, against loss or damage by fire or other casualty. Each Owner shall also be solely responsible for obtaining adequate comprehensive public liability insurance, including medical payments and malicious mischief, insuring against liability for bodily injury, death, and property damage arising from his activities on his Unit. Section 4.06. "Notices" Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally, front door notice or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid. Any notice to an Owner shall be mailed or delivered to the lots herein unless a different address has been provided. Section 4.07. "Titles. Interpretation. Intent and Intent" The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating general standards for the creation and operation of a residential development, and any violation of this Declaration shall be deemed to be a nuisance. If any portions of this Agreement shall be held invalid, the remainder hereof shall be considered valid and operative while effect shall be given to the intent and spirit manifested by the portion held invalid. The Article and Section headings, titles, and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. As used herein, the singular shall include the plural and the masculine, feminine, and neuter shall each include the other, unless the context dictates otherwise. All references herein to "days" shall, unless indicated to be contrary, refer to consecutive calendar days. OCR COVE 2/96 IN WITNESS WHEREOF, Grantor has executed this Declaration on this day of February . 1996. OWNER/GRANTOR LAGOON WATERFRONT LLC BY: D. JACK, MANAGING MEMBER APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY By CITY ATTORNEY (BELOW NOTARY REQUIRED or JURAT ATTACHED) STATE OF CALIFORNIA COUNTY OF SAN DIEGO On FEBRUARY . 1996 before me, D. W. RYAN Notary Public, personally appeared MR. D. JACK. personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY OF SAN DIEGO On . 1996 before me, , Notary Public, personally appeared personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument. WITNESS my hand and official seal. Signature:, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On FEBRUARY 7, 1996 before m6) p.w. RYAN Notary Public, personally appeared D- JACK , [ ] personally known to me - or [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official _______ (Signature of Notary) D. W. RYAN COMM.f 972761 f I Notary Public - California f 4" \SBZ^7 ORANGE COUNTY fN35BggX My Comm. Expires SEP 3.1996 | K:VADMIN\MERGE\NOTTCES\RESTRICT.FnM REV. 11/28/96