HomeMy WebLinkAboutCP 95-02; Lagoon Waterfront LLC Condominium; Condo Permit (CP) (6)LAGOON WATERFRONT LTD.
P.O. Box 2198
Carlsbad, California, 92018
Telephone (619) 720-9785, Facsimile (619) 720-9785
TELECOPIER FACSIMILE TRANSMITTAL
DATE: 3/11/96 Mon 9am
TO: 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 COND
CONVERSION
FAX#: 619/ 438-0894 Office: 438-1161 x 4477
FROM: DON L. JACK, LAGOON WATERFRONT LTD.
P.O. BOX 2198, CARLSBAD, CA 92018
FAX: (619) 720-9785 TELEPHONE NUMBER: (619) 720-9785
Anne,
Enclosed, please find the final draft of our CC&R's. The corrections are all minor
and have been marked with yellow highlight for your review.
Should you have questions, please don't hesitate to call me at (619)
720-9785 OR 720-9785. Thanking you again for your interest, I am,
Respectful
RECEIVED
Don L. Jack, Managing Member
MAR 1 2 1996
CITY OF C^LSSAD
THIS MESSAGE is INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT is TRANSMITTED and may
contain Information that is privileged, confidential and exempt from disclosure under applicable laws. If the
reader of this communication is not the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this communication
in error, please notify us immediately by telephone and return the original communication to us at the address
CC&R COV
WHEN RECORDED NAIL TO:
LAGOON WATERFRONT LLC
P.O. BOX 2198
CARLSBAD, CA 92018
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS . ON REAL PROPERTYA
( T- U-*l v-v J«±cJ£ — .
WHEREAS, LAGOON^WATERFRONT-LLC, a California Limited Liability Company
hereinafter referred to as "Owner" or "Grantor", is the Owner of that certain real property
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", and 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 1. [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 "Requisites", 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 Requisites; and
NOW, THEREFORE, Grantor does hereby declare that all of said Lot and Property
shall henceforth be sold, held, transferred, conveyed, encumbered, hypothecated, leased,
used, occupied, and improved subject to the following Covenants, Conditions, and
Restrictions, additionally herein referred to as the "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 FUk.dER GRANTS AND DECLAR^ THE FOLLOWING:
ARTICLE I
GENERAL PROVISIONS
Section 1.01. "Binding Affect" The Covenants, Conditions, and Restrictions as 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 and 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 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 or 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
covered by casualty insurance. Each Owner, by acceptance of his deed, agrees personally
and for family members, contract purchasers, tenants, guests, and invitees, hereinafter
"Occupants", to indemnify the other Owner, and to hold him harmless from, and to defend
him against, any claim of any such Occupants 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.
OCR COVE 2/96
ARTICLE II
USE RESTRICTIONS and MAINTENANCE
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 any
vehicle in front of the existing garages within the 10 foot front yard setback so as to
allow said vehicle to overhang or penetrate any portion of the public sidewalks.
^lA/y^M
Section 2.02. "Vehicles" No owner shall park, store, or keep/any where onuie
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 such vehicle 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, or boat.
Section 2.03. "Unit Rental" Should either Unit within the Lot 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 Owner 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 which separates the Units, 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 particular Unit 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 deed
acceptance, covenants, warrants and agrees for each Unit, to pay one-half (1/2) of all
costs of maintenance, repair and replacement for any common walls, walkways, roofing,
chimney, 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 earnest negotiations 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 jointly
construct and equally share all costs and efforts attributable to a waterfront wharfage
(boat dock) facility, of \vuich the same shall be built in com^mance with the "Bristol
Cove Property Owners Association Minimum Construction Requirements for Wharfage
Facilities". Moreover, after completion of such construction, 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 enjoyment, 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.
ARTICLE III
TERMINATIONP AMENDMENT. AND SEVERABILITY
Section 3.01. "Termination. Amendment and Severabilitv" 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 affect, 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 and 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
CCR COVE 2/96 4
determine, but in no evem. shall more than one (1) vote be cas*. ,vith 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, its affiliates, 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 improvements on that particular Side
of the Lot, including wiu»out 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 prudent and 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 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.
IN WITNESS WHEREOF, Grantor has executed this Declaration on this day
of March . 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 I
On MARCH . 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:
OCR COVE 2/96