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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