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Home My WebLink AboutCT 72-23; CARLSBAD TRACT 72-23; Tentative Map (CT)~\\ ' \ ... N·.lmo Str;lo\tt ~ddr~u Ci:y & Slale Nome Stroat Addreu City & State -.c.;: RECORDING REQUESTED BY • City of Carlsbad 1200 Elm Avenue 717 • Ca rl sbad, CA 92008 AND WHEN RECORDED MAIL iO Ic· "-I Ly of Carlsbad 1200 E 1 rn Avenue Carlsbad j CA 92008 L ~ ---------------------"'---SPACE ABOVE THIS LINE FOR RECORDER'S USE NO fEj MAil TAX STATEMENTS To 'City of Ca r 1 sba"d- 1200 E 1 rn Avenue Carlsbad, CA 92008 L I ~ Documentarv Transfer Tax $ ~ Computed on full value or pr~o~p~e~r~t~y conveyed. or computed on full value less liens and en- cU~V~in~~-7'at time of sale. Signature of declarant or agent determining tax Firm Name ~~--------- Corporation Grant Deed TO 406 CA (7-68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. F inanc ia 1 Scene ~ Inc. a corporation organized under the laws "of the state of he~ebyGRANTSto the City of Carlsbad, an easement for publ ic street highway purposes the following described real property in the County of Sa n Diego City of Carlsbad , State of California: All as shown for convenience sake on attachment ""All," attached hereto and :made a part hereof. Assessor's Parcel No. ""214-140-23 'f In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its Vice President and Assistant Secretary .•.. .. .,.i L thereunto duly authorized. Dated: June 6. 1973 STATE OF CALIFORNIA COUNTY OF San Diego On June 6, 1973 " } SS. before me, the under- signed, a Notary Public in and for said State. personally appeared Thom.as E. Carter , known to me to be the Vj ce President, and Hildegard Rogers known to me to be A S sis tant _Secretary 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 acknowledged to me that such Corporation executed the within Instru ment pursuant to . s by-laws or a resolution of t<w)oard of directors. WITNESS my a and 0 cia "a1. / /l) & /J Signature;/ ~ tJi.-(., '..£..?u .N-~ ''(L Name (Typed or Printed) Title Order No. Escrow or Loan No. MAlt TAX STATEMENTS AS DIRECTED ABOVE • ---_.------ ------------ 718 CERTIFICATE OF ACCEPTANCE j " : T his i s to c e r t if Y t hat t: h e in t ere s tin 'rea.l propert;J.. conv~yed bJ! the deed or grant da ted6y.,~ b/·r ') "/~7 , from ;~V'<./,,~j'~r ~ to the city of carlsbad, Ca.lifornia, a political corporation and/or governmental agency, is hereby accepted by the undersjgned'officer or agent on behalf "pt),:~J:i~:'!'C.i,ty council of the • ;., ~'I ~ .:l. , ...". : • ~ t' • city of,' c?::r .. 1.);:l!,Q!::P/i .cal iforni a I pursuan t • ..: ~. t, '. "l.. .. ~ .. (. ,>;;~, -. to au t h 9:r.i t,y: .. ,c'otr.f:(;:·rr~d. by Reso l u ti on # 1537 ,.:o,f.Ftid::,::.G:i-d Yjf.-'\·'P'f':'!:c'ar 1 s ba d adopted .. _: :.~ ,. .. -... ..... ,. ... t \ l \ ~ .J. '. on Jul~~~ ,J,:~,~8,,, ~/~,~'!f~J:1e .grantee ,~onsen~~~Q;) ;4.ihe:. :-:;..~~'1~9a ~~on thereof by ~l ts dul f(~" ;~\f._~r~<;C!.t~t?;ff ~ c~r " :~~. t'~~%t~~~J"~¥ Yt VA ~i"A' / _ \ 'l1l;~G~ ,T' '~:\,\;;-~DA~ I c-ttY"CYerk Nf.JHlty.1"' ... \\¥.'0' ~Dl}:f',f! D : cpA.£-"1 I 11 7..3 • ./ I 719 I "'ORM .1?"J DAweD PReSS ,i" . ; '( J03 NO. 4258 PARCEL A LEGALOESCRI?TIONFOR~ CARLSBAD TRACT NO. 72-23 OFFSITE STREET DEDICATION BY GD CHK'O,'p Y;"Y7 (::::" ... 0',/, DATE SHEET 5-1-73 1 OF" 1 All that portion of the South Half of Section 21, Township 12 South, Range 4 West, San ' .. Bernardino Meridian, in the City of Carlsbad I County of San Diego r State of California ~.' .'. according to Official Plat thereof, more particularly de scribed as follows: .' . . .:.".7." '. . ~ ... ' ". ". ,:;; : .. ', , .. ~' /" .~/;~,:;i..;!~;~t( ... ~·.~1 Beginning at a'point in the South line of said Section 21, distant thereon South 88° 59~ 521J'~':":: ..... ~I East I 633.34 feet from the Southwest comer of said Section; thence leaving said South iin'e',::;: ,. :z., I at right angles North 1° 00" 08" East, 33.00 feet; thence parallel with said South line·,,:;~-.:~,<,~~:·:~: South 88°59' 52" East, 692.49 feet to the beginnirig of a tangent 25.00 foot radius curve :'''''' concave Northwesterly; thence Northeasterly along said curve ,through a central angle of .... .. 90° 27' 18" a distance of 39.47 feet; thence tangent to said curve North 0° 32' 50" East r , .. :. ;~: •. ' 10.00 feet to the TRUE POINT OF BEGINNING~ said point being Point "C" as set.forthin.deed ..,. to the City of Carlsbad recorded Norvember 2, 1972, as Document No. 2943'95, Official ~:'. ~ ·,:S;···.· Records of said County; thence continuing North 0°32' 50" East, 834.30 feet tothe .. · ::.>~.:>:' beginning of a tangent 558. 00 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 22° la' 08" a distance of 215.90 feet to a point to be hereinafter referred to as Point "A ", a radial line to said point bears North 68° 22' 42 II East; thence along a non-tangent line North 72° 40' 00" East, 84.21 feet to a point in the i:lrc. of a non-tangent 642.00 foot radius curve concave Southwesterly, a radial line to said point bears North 68° 56' 25" East, said point to be hereinafter referred to as Point "B"; thence Southeasterly along said curve through a central angle of 21° 36' 25" a distance of 242.11 feet; thence tangent to said curve South 00° 32' 5 a II West, 834.3 a feet to a point hereinafter referred to as Point liD" said point being the Northeast corner of th~ aforementioned City of I Carlsbad land; thence North 89° 27' 10 II 'Nest, 84. 00 feet to the TRUE POINT OF BEGINNING.· I ::::::r:el containirt~2. 051 acres. . . . .:':-.;?'i~!i~III':, An easement for public utility and tree planting purposes ,over, under, along. and across .. :.-.':: .. :. a strip of land 5. 00 feet in width lying Westerly, adjacent and contiguous to Parcel ·ItA Ii}:." .:. '. described above between said Points "C" and HA"; the Westerly line of said strip of land to " .. .t: terminate Northerly in a line which bears North 72° 40' 00" East through said Point "A".~.~.· .. \ ,:i~. c :.:~'~.~·.··\<Y:~~5~' ::~~'~F'~ '.: .:~~~:~ '. ~ -. "'::: ··0:'" . ,~~,i' ... ~~ ',~'~. .~. ~.~t.~,' c '.,' _ ,_ PARCEL C ~ "M':I" .,.~' .' ~~::: .}. An easement for public utility and tree planting purposes ,over I under, along and across a strip of land 5.00 feet in width lying Easterly adjacent, and contfguous to Parcel "A" described :: above between said Points "B" and "D"; the Easterly line of said strip of land to terminate· Northerly in a line which bears North 72°40' 00" East, through said Point "B". L I TITLZ co. . DESCRIPTION ! COMPAHY IORDERNO~·------~----r.ID~A~TE~------------~ ! BY OATE 720 "\ \ I I I L'3g.47' MAP TO ILLUSTRATE LEGAL DESCRIPTION OF OFFSITE STREET OEO/CATlON FOR CARLSBAO TR,4CT NO, 72-23, 8EING A PORTION OF SOUTH-HALF OF SECTION 21, T.125., R4 W. 5.8.M I IN TI-IE CITY OFC4RLSBAO I COU,VTY OF S,4N OIEGo. ST4TE OF C.4L/FORNIA. R' "r V ENGnlEERING COMPANY t 11 ~ ~ ~.~ 609 Elm Avenlle -Carlshlu!,\ C3lifornf:l.9Z003 Phone 1~9 -H81 Scala: f: 100' Job N~. ,'l~S8 B7:-------~ ROP.ERT C. LADWIG Dah IJ I L.S. 31,,9 PWJ£CT NO ~'::.: __ ATTACHMENT rlAl l i A j• • f G d' p' . I PP Icatlon or ra mg erml. CITY OF CARLSBAD' ENGINEERING & BUILDING DEPARTMENT 1200 ELM AVENUE 729·11.81 FOR APPLICANT TO FILL IN Site Address South End of LO'frlder Lana, South of Surety Bond Bond No. ""_"1 -.~.-... ;/I .~_ _ .... -.,..,. __ ..:3 .... __ 1 _t_ :\ L "'a1~'[j"''!~':'' f·· ...... t'''''...... ...~ .... -.... , ega escnp Ion ..., ..... "IJA.-~W .. Map No. Surety Company ~ortion of Seotion20 Or 21, T. W-12S-4t'j Subdivision Name Surety Address Alta I·lira unit 3 --Ca.rlsbad Tract. 72-23 Owner Phone Date filed Recid by Financial Soene, Inc. 272-7660 Cash deposit Rec'd by Date filed Owner's Address 2032 Garnot. Street, San Diego, CA 92109 $ Plans by Civil Engineer R.C.E. The following documents are re.quired and shall become a Rick £ngineering 9416 part of the grading permit when they are approved. Address Phone ~rading plans ';:~ecifications 509 $l}.u AVel1Uej car~sbad, CA 729-/,1987 ~oil report ~icinity map Soil Engineer R.C.E. PhQne ~tainage Structures, etc. , ~etaining walls Claude B .• Parker 18987 ~ompaction report --Other . Grading Contractor Phone SPECIAL CONDITIONS WHICH ARE MADE A tJnlmovln at this t.ime PART OF THIS PERMIT Address Check if " )'u /., ,'r cr' -/r:'1 .L iT.! j I ~ .. ~ .i..~ A ~.l: ~-"t' supervised grading Yes .,.,I . Party responsible for overall supervision h'/..:' .u"? <.;. /,'i::,. .. ,r AA)';-Pt '} /0 f" 1 ,.. )r' . -. . . Finanoi~l Soene, Ina .. l . .ul'fo# ./"/ A I AJ r ~ .I.. .104 A.U: j":: c.. _'.},,)I)J7J{'l.l , Proposed use of grade site A'\ A~t>J:.--t;)OOL:;; J) . ,K}' . .. Condominium Site C...-/7" ,. fo-...t/I:·6!.~-,;:-.', Number of cubic yards On Site Cut Import Total Fill Waste 199JiOOo- , ,. '/1991000/ Compacted fills y~s Proposed Schedule of Start Finish Operations (Dates) ,April 1973 Ju.lv 1973 . --. I hereby acknowledge that I have read the application and state that the INSPECTION DATE INSPECTOR~S information I have provided is correct and agree to comply with all City SIGNATURE ordinances and State laws regulating excavating and grading, and the pro-Ground preparation visions and conditions of any permit issued pursuant to thjs application. ; Rough grading Signature of Permittee . r .\ :-Compaction report Owner or authorized agent h"':f.t .. ·\ .. '\ -, .. -K "" I t::flL.. It ..1../ .< 'Becelved . . Planting & drainage , Deposit for structure insp. $ Final certification .Received . , Estimated cost of work $ Work cumpleted Plan Check tee . ~raalng ~ermlt Tee 6t!2 Surety Bond Released $ ~. $ .... ~'--.">.<: '" PLAN CHECK ('1 ~ PER~~A_~lw~;rlqN , - Date 4 .. i-7~ /,; .. ,' Approved by ~, By, .r.1 t: /£.nJ /l I I' ;' DATEJ • ~;, " /"'" r • ..... I_\. . I .. r--,.! . f . I /' THIS FORM WHEN PROPERLY VALIDATED BY SIGNATURE IS A PERMIT TO DO THE WORK DESCRIBED. ! - ---- I ! \-• • SECURITY TITLE INSURANCE COMPANY GOLD SHIELD SUBDIVISION SERVICE FINANCIAL SCENE 2032 Garnet Street 'San Diego, California Preliminary Subdivision Report . . For the benefit of the Subdivider, the Subdivider's Engineer or Surveyor, the County of.. San Diego and any City within which the subdivision is located. Order No .. _ 5-4 9QS 93 Tract No. Carlsbad Tract 72-23 Date January 18, 1913' . . A preliminary examination of those public records which, under the recording laws, impart con- structive notice of matters affecting the title to the land covered by the tentative subdi~sion map of Tract No. Carlsbad Trac~ prepared by __ R_i_c_k_E_n.::;:g_i_n_e_e_r_i_ng:::...::..., ~5_09_E:.:.lm~....:A.:..~ __ e::.:n.:..u __ e;;:..,~ __ _ 72-23 Carlsbad, California 92008 _______ and received by Security Title Insurance Co. on ___________ _ discloses that the parties whose signatures will be necessary, under the provisions of the Subdivision Map Act, on the final subdivision map of said land are as set forth below. This report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitating cOfnpliance with requirements necessary for the issuance of a Subdivision Guarantee. It is understood that our liability is solely that expressed in such Guarantee, and that no liability separate from or other than our liability under said Guarantee is assumed by this report, except that if no Guarantee is issued under this order the amount paid for this report shall be the maximum liability of the company . . VESTING: FINANCIAL SCENE INCORPORATED .... ,Me; ; =;;;w±e'"'we ; 5 ~ D-ESCRIPTION: ~ortions of Sections 20 and 21, Township 12 South, .Range 4 Hest, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of Califo~nia. EXCEPTIONS: 1. No examination has been made as to taxes or assessments of the City of Carlsbad, County of San Diego. 2. An easement over said land for poles, wires and incidental purposes, as granted to the San Diego Gas and Electric Company, by deed recorded in Book 311 page 466 of Official Records. as follows: The route thereof across said land is more particularly described (continued) OS-308 4-65 , , S-496893 Page 2 2,. • • (continued) Beginning at a point on the South line of Plat "A" of License Survey No. 339, distant thereon 136.81 feet Westerly from the Southeast corner thereof; thence from said point of beginning, North 0°01' 4011 ~vest a distance of 300 feet; thence North 23°03'40" West a distance of 888.22 feet. Also: Beginning at the above described point of beginning; said point being also on the North line of said La Costa Downs, Unit #1; thence South 6°01'40" East a distance of 960 feet. 3. An easement'of right of way 20.00 feet in width in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, r£place, repair, ,maintain and use a pipeline or pipelines for any and all purposes, together with their necessary,fixtures and appurtenances including but not limited to conduits and 'cables for power transmission and communication purposes, together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings and structures~ The lands in which said easement of right of way is hereby granted are particularly described as follows~ to wit: Lot 4 and the Southwest Quarter of the Southwest Quarter of Section 21, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875. EXCEPTING from the above described property that portion of Lot 4, lying North of the South line of Rancho Hedionda. ALSO EXCEPTING that portion lying within exterior boundaries of La Costa Downs Unit No.1, according to ~~p thereof No. 2013, filed in the Of ice of the County Recorder, April 6, 1927. The center line of said easement of right of way in the aforesaid lands is particularly described as follows: Beginning at the said Southeasterly corner of La Costa Downs, thence along the South line of said Fractional Section 21, South 89°40'20" East 48.63 feet; thence North 00°00'15" East 148.06 feet to the beginning of a tangent 300.00 foot radius' curve concave Easterly; thence Norther,ly along said curve 53.23 feet through an angle of 10°10'00"; thence' tangent to said curve North 10°10'15" East 98.43 feet to the beginning of a tangent 300.00 foot radius curve concave Westerly; thence Northerly along said curve 90.50 feet through an angle of 17°17'00"; thence tangent to said curve North 7°06'45" West 770.75 feet to the beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence Northwesterly along said curve 44.35 feet through an angle of 25°24'40"; thence tangent to said curve North 32°31'25" West 373.26 feet to the beginning of a tangent 250.00 foot radius CU~le concave Northeasterly; thence Northwesterly along said curve 46.54 feet 'through an angle of 10° 40' 00"; thence tangent to said curve North 21° 51 '25" Wes t. (continued) J S-496893 Page 3 3. (continued) 185.63 feet to the beginning of a, tangent 600.00 foot rad'ius curve concave Nor'th-' easterly; thence Northwesterly along said curve 61.79 feet through an angle of 5°54' 00"; thence tangent to said curve North 15°57'25" 'West 105.42 feet to the beginning of a tangent 2000.00 foot radius curve concave Southwesterly; thence Northwesterly along said curve 123.14 feet through an angle of' 3°31'40"; thence tangent to said curve North 19°29'05" 'West 821.84 feet, as granted to Carlsbad Hunicipal Water District, by deed recorded October 23, 1961 as File Noo 183445. Grantor therein covenants for himself, successors and assigns not to place or maintain any building or structure on said easement. 4. AD easement for ight of way 20eOO feet in width, in, upon, over under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes at such locations and elevations, upon, along, over and under the he~einafter deScribed right of way as Grantee may now or hereafter deem convenient and necessary from time to time together with the right of ingress thereto and egress therefrom. The center line of said easement of right of way in the aforesaid lands is particularly described as follows: Beginning at the said Southeasterly corner of La Costa Downs; thence along the South line of said Fractional Section 21, South 89°40'20" East, 48.63 feet; thence North 00°00'15" East 148.06 feet to the beginning of a tangent 300.00 foot radius curve concave Easterly; thence Northerly along said curve 53.23 feet through an angle of 10°10'00"; thence tangent to said curve North 10°10'15" East 98.43 feet to the beginning of a tangent 300.00 foot radius curve concave Westerly; Thence Northerly along said curve 90.50 feet through an angle of 17°17' 0011; thence tangent to said curve North Or06'45tJ Hest 770.75 feet to the beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence Northwesterly along said curve 44.35 feet through an angle of 25°24'40"; as granted to the Carlsbad Municipal Water District, by deed recorded }~rch 4, 1964 as File No. 40575~ - Grantor therein covenants for himself, successors and aSSigns not to place or maintain any building or structure on said easement. 5 q A deed of trust dated March 14, 1972, to secure an indebtedness of $1,283,373.28, and any other amounts payable under the terms ~hereof, recorded , Harch 16, 1972, as File No. 62935. Trustor: Trustee: Beneficiary: (continued) FINJU~CIAL'SCENE INCORPORATED, SECURITY tITLE INSURAl.~CE COMPJU'IT,' a California corporation, VIRGINIA LEAR AND GUY E. WARD, each as to a one-half interest. Covering this and other property. ---.-._----_. -.. --~.-~-.-~---,..-- ." S-496893 Page 4 6. An easement over said land for poles, wires and incidental purposes, as granted to the San Diego Gas and Electric Company, by deed recorded May 23, 1972 as File No. 129781. The.route thereof across said land is more particularly described as fol1mvs: The said easement and right of way in the aforesaid lands shall be 12.00 feet in width, being 6.00 feet measured at right angles on each side of the following described center line: Commencing at the Southeast corner of said La Costa Downs Unit No. 1, thence along the Southerly boundary thereof North 89°40'20" West, 135.55 feet; thence leaving said Southerly boundary North 0°15'02" West, 34.07 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence from said TRUE POINT 'OF BEGINNING and continuing North 0015'02n West, 1379.86 feet. ALSO: Beginning at said TRUE POI~IT OF BEGINNING; thence South 77° 32'5711 East, 66.90 feet; thence North 89°52'55" East 255.83 feet. 7. An easement for the construction and maintenance of storm drain and appurtenances as granted to the City of Carlsbad, in deed recorded November 2, 1972 as File No. 294396, and more particularly described as follows: A strip of land 12.00 feet in width lying 6.00 feet on each side of the following described center line: Beginning at a point in the Southeasterly boundary of Carlsbad Tract 72-2.1, according to Hap thereof No. 7303, filed in the Office of the County Recorder of said County, said point being distant along said boundary North 0°46'0011 West, 12.82 feet from the Southeast corner of said Tract; thence leaving said boundary North 89°14'00" East, 60.00 feet. • GOLD SHIELD SUBDIVISION SERVICE This report is issued preliminary to the recordation of documents conveying or encumbering the land above described and the issuance of a policy or policies of title insurance thereon. Our, liability is solely that expressed in such policy or policies. No separate liability is assumed by this report except that if no policy is issued under this orQ.er, the amount paid for this report shall be the -maximum liability of the company. -. - The CLTA Standard Coverage Form policy or policies, issuance of which is contemplated by this report, will not insure against loss or damage by reason of, and this report does not cover, the following matters: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments of "any other facts which a correct sur- vey would disclose. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 6. Defects, liens or encumbrances which would be ineffective as against a bona fide purchaser or encumbrancer for value. 7. Any law, ordinance or governmental regulation (including but not limited 'to building and zoning-ordinances) restricting, regulating or prohibiting the occupancy, use or enjoyment of the land, or the character, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcel of land. The term "public records;' as used herein, means those records which impart constructive notice of matters relating to the title to said land. .. ., .... "1F~ . , INSURANCE COMPANY / I . V-~ By4.~~~ ____ ~~~ ____________ __ Title Officer 08·312-B (G.S.) ---------'-'-"---------I .. . • On the basis of the attached preliminary report, the following certificate will be Y.9-w"r,e4J:>y the City of Carlsbad. awl _==~==¥:z:::a$ ..". . ~ BlilllllUf'i' U .,,:3 Order No. S-496893 SECURITY TITLE INSURANCE CO}~ANY, a corporation, hereby certifies that according to the Official Records OD the County Recorder's Office of San Diego County, California, on the day of ,19 ,at 8:00 A.M. FINA1~CIAL SCENE INCORPORATED, a California corporation, as owne;:-SECURITY""TITLE INSURANCE CO~~~~, a California corporation, as Trustee under that certain deed of trust recorded March 16, 1972 as File No. 62935, in the Office of the County Recorder of San Diego .County, California, were all the owners and the only parties interested in and whose consent was necessary to pass a clear title to the land embraced within the Subdivision to be known as CARLSBAD TRACT 72-23 as shown on this map consisting of 1 ~heet and particularly described in the Caption thereof, other than SlU~ DIEGO GAS & ELECTRIC COMP~~, holder of easements recorded in Book 377, page 466 of Official Records, and recorded May 23, 1972 as File No. 129781, CA..'U.SBAD MUNICIPAL WATER DISTRICT, holder of easements recorded October 23, .1961 as File No. 183445,. and recorded March 4, 1964 as File No. 40575, CITY OF CARLSBAD" . holder of an easement recorded November 2, 1972 as File No. 294396; which said easements cannot ripen into a fee. IN WITNESS ({HEREOF, said Security Title Insurance Company, a corporation, has caused this instrument to be executed under its corporate name and seal by its proper officers thereunto duly authorized the day and year in this certificate first above written. SECURITY TITLE INSURANCE COMPANY By' --~~~~~~---------------Vice President By _____________ _ A$sistant Secretary • RICK ENGINEERING COMPANY I PLANNING CONSULTANTS AND CIVIL ENGINEERS 509 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 TELEPHONE • AREA CODE 714 • 729·4987 TO Mr. Bill Allen City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 GENTLEMEN: DATE I JOB NO. 5-11-73 4258 ATTENTION RE: ALTA MIRA UNIT NO. 3 WE ARE SENDING YOU D Attached D Under separate cover via __________ the following items: COPIES 1 D Shop drawings D Copy of letter Dated DATE NO. D Prints D Plans D Samples D Specifications D Change order D ___________ V~ia~O~u_r_=R~e~p_.~ ________________ ___ DESCRIPTION .copy of Security Title Insurm ce Company Preliminary Subdivision Report dated January 18, 1973 THESE ARE TRANSMITTED as checked below:' D For approval ~ For your use D As requested D For review and comment D For Your Action D D D 0 For Checking Approved as submitted Approved as noted Returned for corrections D Resubmit_. __ copies for approval D Design only. not for construction D Return __ corrected prints D REMARKS __________________________________________________________________________ __ RECEIVED MAY 1 1 1973 CITY OF CARLSBAD Engineering Department COPY TO ____________ ~------------------------ OAweo SIGNED: J. R. Hartung/fm ---~~~~=---~--------- If enclosures are not as noted,' kindly notify us at once. d!-_._ -t...~~ RECORDING REQUESTED BY Nome Stroot Addr{t~" Gly 1\ Stal. City of Carlsbad 1200 Elm Avenue CarJsbad, CA 92008 AND WHEN RECORDED MA1L TO I City of Carl sbad 1200 Elm Avenue Ca-rlsbad, CA 92008 L ____________________ ---'1..-___ SPACE ABOVE THIS LINE FOR RECORDER'S USE ___ _ Nome Stroot Address City to MAil TAX STATEMENTS TO 'Financial Scene, Inc. 3557 Kenyon St. San Diego, CA 92110 --, Documentary Transfer Tax $ I _ Computed on full value---orproperty conveyed. or computed on full value less liens and en- cumbra/res~~maining thereon at time of sale. /: .'./' -4' /?/7, ~ (C>'( (.~<--:r Signature of declarant or a3ent determining tax Firm Name C/TY Oi=:--c-4'.R.LS54D Stote L Corporation Quitclaim Deed ~ TO 403 CA (8.68) THIS FORM FURNISHED BY TITLE tNSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which IS hereby acknowledged, the City of Carlsbad a corporation organized under the laws of the state of Ca 1 i forn i a hereby REMISES, RELEASES AND QUITCLAIMS to F ina nc i a 1 Scene, Inc. the following described real property in the City of Carlsbad County of San Diego , State of California: See cttached Exhibit "AII for legal description of an easement for publ ic drainage purposes A 11 ass hown for conven i ence sa ke on Attachment "A ", a ttached hereto and made a part hereof. I Assessor's Parcel No. 214-140-23 In Witness Whereo~, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its President and Secretary thereunto duly authorized. Dated: ___ _ STATE OF CALIFORNIA } _______________ SS. COUNTY OF Gn _______________ before me, the under- signed, a Notary Public in and for said State, personally appeared ____________________ , known to me to he the ______________ President, and _________________ known to me to be _________ Secretary of the Corporation that executed the within Ins~rument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknolVledgt:d to me that such Corporation executed the within Instn: ment pursuant to its by-laws or a resolution of its hoard of director~. WITNESS my hand and official seaL Signalure Name (Typed or Printed) By, ________________________________ __ President By ________________________________ __ Secretary (This area fur oftklal notarial seal) f..-.---------------------------------- l Title Order No. Escrow or Loan No. MAll TAX STATEMfc:NTS AS DiRECTED ABOVE ] I FORM 458 DAWCO PRESS ( I J03 NO. PLAN'r-. ,CONSULTANTS AND CIVIL EliGlliEERS 509 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 TELEPHONE • AREA CODE 714 .. 729-4987 LEGAL Ot:SCRIPTION FOR: BY GD DATE SHEET 4258 VACATION OF DRAINAGE EASEMENT CHK'D. 5-3-73 1 OF 1 That portion of Section 21, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, more particularly described as follows: The Easterly 40. a a feet of that certain 12. 00 feet drainage easement described in deed_to the City of Carlsbad recorded November 2, 1972, as Document No. 294396, Official Records of said County. -- All as shown for convenience sake on Attachment "A /I attached hereto and made a part -hereof. TITLE CO. REFERENCE COMPANY ORO::R NO. DESCRIPTION I DATE EXHIBIT IIAII REVISIONS BY I DATE • r··------------~-----------· -~ ... ---.----------.---.. -----.. --... ------.--.---. --, . ATTACHlvlENT 'jr !VOTE: pOI?TiolV TO fJc f//:lC.4TfD Sf/Olf'lv' TI/(/S ___ ~ f 12'DR,4INi1GE EASEl'dE:NT TO BE VACA TEO ~,'tl .. ' .0\,\0 _ ~ ~.~ , 1'1. / . 0<>.;16"- / oO-'fr _ .' . ,/ . . --------- -. ------- " ........ ~ .... ~ --,._----------I PLAT TO ILL USTRATE:- b~~·~~~r. Er~GINEERiNG CO,V;PANY ;',";'~'~' -~~:~w,",,'~ I LEGAL DESCRIPTIO)I I i . ~ " :'1 Ir "'VUII.:!: • ('AHlSBAD, CAll<·0·ll'"A 'i'r,:J8 I ORJlI/14Gc c/lSf!Y!/IVT meAT/Off , , ~ : ~ ~ ~I ~~ f..{ t. J\ h (,lJ, (' IJ n ( ~] J. ~' .~ 9 49 I! 7 i , . (---·-----.... --r-·· ... --~--~-··-------.. -.. ---.---.. ---.----.--.--~ h'::ALf ("'-.11) ID.·~~F: 5-:3 -73 'JGn 0W('.i'·tS-' 425e __ .. ' _ ••• _ .... _ • ___ .... -.---_ .... _ •. _._.-'._---_ • .:.:... . .:.::::._.:..1.. __ ._.::: •• =-.. : .. ~._. ___ .... _____ ._._. ----'- ATTACHME":T "A ", Slr.Ht .:\ddr.au CilY ~ S~Qte Nome Sfr~et Address City & DING, REQ.U .' ~, ' ...... ·~~rty of CarTsba 1200 Elm Avenue Carlsbad, CA 92008 L AND WHi!:N RECOROEO MAIL. TO City of Carlsbad 1200 Elm Avenue Carlsbad} CA 92008 ~ ___________________ --10 ___ SPACE ABOVE THIS LINE FOR RECORDER'S USE ---- MAll TAX STATEMENTS TO City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Documentary Transrer Tax $ ~ ___ Computed on full value of property conveyed. or computed on full value less liens and'en- cumbr~~~?~~maining t~Ts~on at time of sale. k 'O:e .. (..~Y7 t::t .. e...ec~ Star.., L S~gnature of declarant or agent determining tax Firm Name City of Carlsbad Corporation Grant Deed TO 406 CA (7-68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Financial Scene, Inc. a corporation organized under the laws of Lite state of hereby GRANTS to Cal ifornia City of Carlsbad the following described real property in the County of San Diego City of Carlsbad , State of California: ~s __________ _ Lot 8 of CARLSBAD TRACT NO. 72-23, in the City of Carlsbad, County of .-.; San Diego, State of Cal ifornia, according to Map thereof No. filed in the Office'of the County Recorder of San Diego Coun~t-y----- All as shown for convenience sake on attachment "A" attached hereto and made a part hereof. Assessor's parcel No. 214-140-23 \\\\\\111111/ • ,l \ ,) I '" '0,\\ \\\t)f j ,)/ -'''''; . .., ... 1./ 1\1111 '; ':'1 -/J '., .;> '-.,~/" .\.\ I:;) , " l' ) ..... ,) \)' ~. /' ,. 1,;) \ '. ~ 1\ . l~) ,'.\, . ) . f }/) f ,). I \ \) I '; , J) , ' ) 1;.1. ~I \,); ~ In Witness 'Whereof, said corporation has caused its corporate name and seal to be affixed hereto and \~is' j?str~-" \ /, ~~./ ment to be executed bv its Vice-President and A s st. \$~¢i¢t~ry \, ,., ..; 'I "'/ . . J))J/·VJJ'I"ll\\\~~)';' thereunto duly authorized_ "" J ,j.' ", Dated: J";'ne 14, 1973 ED!' ' ~T:\TE OF CALIFORNIA COUNTY OF San Diego On June 14. 1973 } SS. before me, the under- signed. a Notary Puhlic in and for said State. personally appeared Darwin D. Olsen , known to me to be the Vi c e President, and Hildegard Rogers known to me to be A s st. Secretary of the Corporation that executed the within In,trumellt. known tf) me to be the persons who executed the "ithin In:;trllment on behalf of the Corporation I!erein named, and acknowlelio'ed to me that sllch Corporation exe ed'the within Instru Ill~nt pllrs~ant to . _ }i-laws or a resolution its Ifoard of directors. ~d official seal. Name (Typed or. Printed) Title Order [\;0 .. ____ _ OFfICIAL S::Al LOUISE M. DEASON NO:"~Y FuaLlC -CAlifORNIA , .,' .. " .{;,~:.:t -PR1NOPAl Or-r-ICE IN ; \~:i;;;~~ SAt-! DIEGO COUNTY r-.;C~mmi5sion Expires Dec. 8, 1975 t Escrow or Loan No. MAil TAX STATEMENTS AS DIRECTED ABOVE flIt fk j( PJ l)" } ~~ __ , ____________________ ~~~~~=====z========= IrRl-~C TNt>. 72 23 SHE:W0F SHEETS 1544,84' '5' '. \ It I 42'\ 4Z" ------------.~~~--~--------~-- " MAP TO ILLUSTRATE LEGAL DESCRIPTION OF LOT 8 ()F CARLSBAD TRACT NO. 72-23. ~ INDICATES LOT ~ A rr AC.I/ME# r -J. I. i 1 II ! 1 1i 21 . , 31 I 4 1 5 6 71 I i 1 8, I 911 1011 1111 I i 121 , 13) 14: i 15 1 161 I 17 II 20 21 22 . CITY OF CARLSBAD STANDARD FORL'1 SUBDIVISION FAITHFUL PERFO:--":!l.t:\.NCE BOND NAfJill OF SUBDIVISION: Alta Mira Unit 3-CT 72-23 NA1\1E OF SUBDIVIDER: Financial Scene, Inc. NAME OF SURETY: THE AMERICAN INSURANCE COMP AlTl EFFECTIVE DATE: JUNE 14, 1973 .j •. ~ .. AMOUNT OF BOND: $258,000.00 BOND NO.: SC 7304286 PREMIUM: $2,580.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corpora- tion, entity, or otherwise, named on Line 2 above, without re- gard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation author- ized to do business in the State of California and presently possessed of authority under Title 6 of the united states Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provisions of the 23 i SubdivisioI). Map Act and CITY ordi.nances, resolutions, rules, 24 and regulations, for the payment of which sums wel~ and truly 25 2611 I , I 27 i I 28: I 29' 301 31! I 32\ I II II to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, cond- itions, and agreements contained in that certain'SUBDIVISION IMPROVEMENT AGREEr'1ENT between PRINCIPAL and CITY regarding the Page 1 r 1 subdivision nfuues on Line 1 of Page 1 hereo~f which said agreement 2 is by this reference incorporate~ herein, on it~ ~art to be kept 3 and performed, in a manner and form therein specified, and shall 4 furnish material in compliance with the specifications and per- 5 form all that certain work and improvement in said CITY which is 6 more particularly described in said SUBDIVISION IMPROVEMENT 7 AGREEMENT, then the obligation with respect to the faithful 8 performance of said SUBDIVISION IMPROVEMENT AGREEMENT shall be 9 void, otherwise to remain in full force and effect. 10 The said SURETY, for value received, hereby stipulates and x 11 agrees that no change, extension of time, ~lteration or addition 12 to the terms of the SUBDIVISION IMPROV~IENT AGREEMENT or to the 13 work to be performed thereunder 'or the specifications accompany- 14 ing the same shall in an~qise affect its obligations on this '15 bond, and it does hereby waive notice of any such change, extension 16 of time, alteration or addition to the terms of the SUBDIVISION 17 IMPROVEMENT AGREEMENT, the work, the specifications or any feature Ie or item of performance thereunder. In the event it becomes 19 20 21 22 23 24 necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument on the date mentioned on Line 4 of Page I hereof. FINANCIAL SCENE INCORPORATED -----------------.. -.,·.25 PRINCIPAL .!.JJJ. __ ./'1 ---.-----.. ----- TO 449 C ( Corporation) } S5. STATE OF CALIFORNIA COUNTY OF San Diego j t On __ .>lJ...l.uy,n,!..!e;;L..,il!,..:4;;;..1----'1=..9.L.J..7""3:-..-----: before me, the undersigned, a Notary Public in and for said State, personally appeared ~D!2f!a~r~wi'[1in!L,D!b. • .....1.02.,1!Js2Je~n(L---:;:-:;-;_:;_:~=_::::_:J_:;:;;_::_:::_:_=-----. Vice PresI-dent, and Hildegard Rogers w known to me to be the 0:: k bAs st. Secretary of the corporation that executed the within Instrument, w nown to me to e . . J: known to me to be the persons who executed the wIthm ~ Instrument on behalf of the corporation therein named,. a,:d a acknowledged to me that such corporation exec.ute<t. tl:e wIthm ~ instrument pursuan its by-laws or a resolut of Its board (/) of directors. ) t WITNESS Dtv and rtd 0 Name (Typed or Printed) OHICIAl SEAt LOUISE M. DEASON ~IO'!A?-Y PUBLIC -CAtlfORNIA PRINCIPAL OFFICE IN SAN' DIEGO COUNTY My Commission Expires Dec. 8, 1975 (This area for official nota.rial seal) I founty and State, residing I ,the person who executed \ executed the same. ~iS certificate above. ~ Nom~ 5,,.<>, Addr:n" City 4 Stot. N..:lme Str •• t Addieu City I!. I L CitV'~f Carlsba~ 1200 Elm Avenue Carlsbad, CA 92008 AND WH'EN RECOROf.:O MA'I.. To City of Ca rl sbad 1200 IE 1m Avenue Ca r 1 sbad , CA 92008 -__________________ -1. ___ SPACE ABOVE THIS LINE FOR RECORDER'S USE ---- MAil TAX STATEMENTS TO I F i nanc i a 1 Scene 2032 Ga rnet Ave. ' San DiEgo, CA 92109 Documentary Transfer Tax $ -0- _ Computed on full valueOf]?roperty conveyed. or computed on full value less liens and'en- cumbrances remaining thereon at time of sale, Stot'L S~gnature of declarant or agent determining tax F~rm Name XJ6G{:K s _____ _ Corporation Grant Deed TO 406 CA (7.68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FINANCIAL SCENE, INC. a corporation organized under the laws of the state of hereby GRANTS to the CITY OF CARLSBAD Ca 1 i forn i a the following described real property in the County of San 0 i ego City of Carlsbad , State of California: See attached Exhibit HAil for legal description of an easement for public utility and tree planting purposes. All as shown for convenience sake on Attachment IIA" attached hereto and made a part hereof. Assessor'~s Parcel No. 214-140-23 '\\\\\\111111111 .", )'l )/) II, o ,\) ~) I I I II;" ,' .... \~) ,III"J,1 ' / ... ,....... ))1'\ (;1,',) It" •• "~' ::: I~) " .~ J '. ' I .' ... ") I") [ ' 11/,' \ ,,\.) ) J) : :~~ \ ,) <) ))).) ~,) : i S ',J) "'\ ", \:' : I TITh f I -i.' J, J. "'\ \ n Witness w ereo, said corporation. has caused its corporate name and seal to be affixed hereto itpal,tlii3 il1stru, \ .;) /, ) / ment to be executed bv its VIce President and Asst. \~)~eerptarv.'~"'\'\',;' . ) ;r~y, "'~" v' '\) thereunto duly authorized. "',:;"J,'}) I I".' .-' D,,,a, J;"'e 14, 1973 FlN~L S:ENlLZ:AA'rED ' STAn: OF CALIFORNI"A ~ By tic ..... tfJ~ a COUNTY OF San Diego ) 55. By J~~_/J () ~~ President On June 14, 1973 '-before me, the under· . L ~ ~ sil'ned. a Notali)' Puhlic in and for said State. personally appeared As~. Secretary Darwin . Olsen , known to me to be the Vice President, and Hildegard Rogers known to me to be O~r-ICtAt SEAL LOUISE M. DEASON f NOTA:H PUilLIC -CALifORNIA I PR!NCI?AL OFFiCE IN Expires Dec. 8, 1975 Name (Typed or Printed) (Thi<; art>;~ rUI oflit'ial n(ltaria.l ~E>an Title Ordcr Nn ... ________ _ Escrow or Loan No. MAll TAX STATEMENTS AS DIRECTED ABOVE ~o. 72-23 • 1544.1N' 67700' 8 p. 003 Acre's --, Z53Z Acres I . It -( I ·OF SI-iEETS . . . SUt:lJt::i PROPERTY I .;-- I IIIfAP TO ILLUSTRATE LEGAL DESCRIPTION OF 5' PUBLIC UTILITY¢ TREE PLANTING EASEMENT FOR CA!?LSBAO TRACT NO. 72-28. E~~1~~r'NO'C.4T£5· £AS£M£NT /}rrAc~/Mc# r Nom~ Slr~t AddrttH CilY a. SIal. Nome t Stroet Address City & Stote I L ~CORDING REQUESTED BY Citycf Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 AND WHEN RECORDED MAIL TO City of Carlsbad 1200 Elm Avenue Carlsbad, C.4 92008 • ___________________ -.1. ___ SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO I City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 L Documentarv Transfer Tax S _ Computed on full valueO"fProperty conveyed. or computed on full value less liens and en- cum~r4nq~~Arerainin~ th~reon at time of sale. tC<.J .L.f:;t-f..9.#J dL&-zp Signature of declarant or agent determining tax Firm Name ~----------- Corporation Grant Deed TO 406 CA (7-68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY " " .J FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Financial Scene, Inc. a corporation organized under the laws of the state of he~ebyGRANTSto the City of Carlsbad, an easement for publ ic drainage purposes the following described real property in the County of Sa n 0 i ego City of Carlsbad • State of California: See attached Exhibit "A" for legal description A 11 as shown for conven i ence sake on Attachment IIAII, attached hereto and made a part hereof. Assessorls Parcel No. 214-140-23 In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its Vice President and Assistant Secretary thereunto duly authorized. Dated: June 6, 1973 STATE OF CALIFORNIA } S D· _______ SS . COUNTY OF an lego On June 6, 1973 before me, the under- signed, a Notary Public in and for said State. personally appeared Thomas E. Carte r , known to me to be the _____ V.:....::ic...:c:..;e=--______________ President, and Hildegard Rogers known to me to be Assistant NeTtlbold Name (Typeu oi' Printe;l) (This .\l't',l for ollh-inl notariJ.l St-:ll) Title Order No. __ Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE NO fEE • • . ~t'j CERTIFICATE OF ACCEPTANCE~/22 J T hi sis to c e r t if y t hat the 1 n t ere s tin ~real proper~cOnVeyed by t~ deed or grant; 'da!:-ed =-~ (;,./) 9/~ \. from ~J-'~~ ~,,~<---- to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of th~ City Council of the City of C?rl~ba~~'C?lifornia, pursuant to a u th.Q.I'~lf.~::-?(ff?~i1.'( e:r:i'~~d· by Resol u ti on #1537 O .. f).:~~:e .~·(t.:~<~t":'sarlsbad adopted \)on Julrj1:_2 ~/.l~tili/'.. f1Ji/l;;1tf.he gra'ntee ~... '. ., .' -.... ~ ... of-·J-.. -' ., idcons en tt-s . ;to.>f;.f.lfJ'I,;.r::f'J;9Q:t.:da tion tnereof by its du {~l~~f:/t: ~~zrg~t?C;·.~f~f7·f iP~e .~ JI -:::;(: ~"-: • 4 .~~ .. '<k, ~. ,;' A ~... ." ., t. ~ ~t .. ~. 7. : ~ .. ~'. • "'~:-.,.l! ~~Jl,R.~~;1 E:/"ADAM , C~ty Clerk ',P, f:,,,.~ 'fJI ~."," \.Y--.11, -S'0 DATED: ·';'t~mm~\\' .~ '/; 17'73 - .'\ r , '. , I FO~M 4q3 O""~CO PRESS It ..... """ I • f 1 I JOB NO. I.EGAI. OESCRIPTION FOR: CARLSBAD TRACT NO .. 72-2.3,," OFFSITE STORM' DRAIN EASEMtNT ' BY GD DATE SHEET, ".,' .. : 4258 CHK'O. 5-3-73 1 OF I',' .~ 1 ,>':'~ I ~----------~--------------------------------------------------------~--------------------~----------~----------4 __ I : ", .. " .. " .. ~ .. " An' easemen:t for the ~~nstru:ction and maintenance of stonn drain and ~~purte~~'~'c~'~:~~~;;:i, under I along and across that portion of the South Half of Section 21, Township 12 South, . Range 4 West, San· Bernardino Meridian in the City of Carlsbad I County of San Diego, . <., State' of California', according to Official Plat thereof, described as follows;-., :-'.'.' ,:"C.: '~':<. At strip of land 15.-0.0 feet in 'width~ lYin~'~ \0 feet each side of the followin~' d~~:'~~t;~d~~ ,~, .cente~ ~i~e:~·.~·~,~:;j,~:;!~)?~1~:;~;:·:~);::~!-~,~;;::·~;.~·~'::'~:'~::~";:.:;;:~,.!/:?:~::'·;;'ef}~~~;{~;.?::· :~~-.:.,:.-~." ,' .. : .... ':,:~.: ,~:;~·:::::~:.»::.':~.~~~:;i:,;~~~~f.i-~.:.:,~~_~~.r,~~:.~i {i~i . , .... ~. ... .. -~ -I·~.,.. . -f'... c Beginning at. a: point in the South'line' of said'Section 21,' distant thereon South';88° 59'~·'5'2:'-;:, "~:} East, 1435 ~29 feet from the Southwest c~rner of said Section;' ·thence leaving said So~th >' ' .. ,: . line North· 00° 32',· 50" East,' 817.96 ·feet to the·TRUE POINT 'OF BEGINNING; thence :.'. "'::,~;,, _ .. ' . ", " South 89°· 2 7' 10 ~" East, 72. 00 feet. :..-<',,:: ',' " " .. ', __ ':":">::"~'«;~';:",~,:i~~~~.: , , .. ,' ::,c':);;~i~t~;;l~,~;rC::::,',~sttt, ..c,~ '. ... . ··':';":'~:?~)~~~l~; ••• ~ : .. '. '-'i:·:.·:·'~::=~:~i~i::'r:~~)fijf~~~F~\~~~1 :.~,~:.j: :,~.:,>\<;~/.~ "":':"T"~.~ ..... .'::~;: ;. :": :--'~;~"J~;;:~?!:~:'~~~; ?~~ i' TiTU: co. R::FER~NCE :.' ".: .''-.', .:,',.,:;',: •••• ,: •• :.:,'.:,., •. ;,:' .•.• _.~>.' ~,,:, .',:.'.',',: ; :-.~. , •. ~., -), ~ ". I, ? .. .:: ,,~:~~.-..... !,~ ... ,~~,,;.. .;~1~ :." ".. ,:, . : .. : .... ,. : :'-~;;;2-~~ ~f~~~'.~~;,,~::~s~ ~~ "~;" -. '; ,.' .,; .... ',.'.',.,'.' .. , '. ",".',.!"""'., ."""'."',,,:':~ .. '.' .... -. -...... ., ...... 1» ..... ~ .......... ..... .. .-, " .. • " '-~.'. ':'. ':" .... '-; " .,', '-'>' , .. -, "': -~:{}~. :,:,:: .. : COMPANY O~DER NO. .. , , ~ ;. DATE " ,":' EXHIBIT "A" OESCRIPTION BY Co .. ": •• ~ __ -; ';.~:.:~:>:i~ :':: .. . .: ' . .... , ... ;.:: ,,'t,: ',.' REVISIOl'lS DATE " . ~ . 724 .--- TPtJ.B. N n Bc~le: 1: lOa' v. ;.. .. '~ iJl.)u .r. ~,,425a 42' 42' .r SO{JTlfffCST COlliVER I SeCT/ON 21 ~,) I . , , I '-----sea °59'52"£ 2--'.----14.-'.35-. 2::>' , --- '··SOt/TII LINE Or seCT/OiY Z/ PLAT TO ILLUSTRATE LEGAL DESCRIPTION -OF OFFSITE STORM DRAIN EA5EM~NT (CARLSBAO TRACT 72-73) ENG!:IEERING COMPANY 509 Elm AVl!nui! Carhb3dt California', -920.1)3 Phont!t 129 -49fJ1 fSCALE:!IOIVE j DATE;5-3-73 f PROJ..:!!£!~ A TTACHtvlENT "A II -- _ : _ v,~." _,':' -;_:-"'": _-'C-_,-_,. > -., ,-':;';,;", -: _~-_ ,,~-: -' -, , :---J; ~-;;~ _ ;~:;::,; ,~~0~::-'F -:-~;~-;i5.~~~~~~~.2;'~~;:~~~~~:';"~;;;{ . J l~ t , I CITY OF CARLSBAD STANDARD FORM SUBDIVISION LABOR AND Iv1ATERIALS BOND Ii Nk"lE OF SUBDIVISION: ALTA tt\fRA, Unit 3, CT 72-23 i 2! NAi.'iE OF SUBDIVIDER: Financial Scene Inc. , 3 NAME OF SURETY: THE AMERICAN· INSURANCE COMPANY 4 EFFECTIVE DATE: __ ~J~mm~£~1~4~,~1~97~3~ ______________________ ___ 5 AMOUNT OF BOND: $_1_2_9_,_0_0_0_._0_0 __________________ ~ ____ ___ 6 BOND NU~iJ13ER: SC 7304286 ~~~~----------------------------- 7 PREMIUM: $-=2;.J,~5.::::.80.:::.,;.:..;;0:..::0:..--____________ _ 8 9 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corpor- 1°1 I l1i I 121 i , , ation l entity, or otherwise l name on Line 2 of Page.l hereof without regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of ~age 1 13: hereof, a corporation authorized to do business in the State of , i lL!.: i 15! I 161 171 21 I .221 23 1 241 . I 25! 261 I I 27 i I 28: I ! 99! ~ ! I i 30j 311 I I 32\ ! I I California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof in the aggregate amounts hereof, he~einafter ref- erred to as SURETY; are jointly and severally held and firmly bound unto ~nd all materialmen, persons l companies or corpor- ations furnishing materials l provisions, provender or other su.pplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain SUBDIVISION IMPROVEMENrr AGREEMENT hereinafter mentioned and all persons, companies or corporations renting or hiring teams or implements, or machinery, for contributing to said work to be done, and all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administra- tors, successors and assigns, jointly and severally, firmly by these presents. Page 1 j' State 0.1 I County of SAN DIEGO \ 55: } f On JUNE 14, 1973 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared RALPH W. KNAPP known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE CO~~ANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. 360212-6-66 18 TO 449 C ( Corporation) STATE OF CALIFORNIA COUNTY OF San Diego } 55. t June 14 1973 .. . . On ". before me, the undersIgned, a Notary PublIc III and for saId State, personally appeared Da rWln D. 01 s en !IJ known to me to be the Vice President, and Hildegard Rogers ~ t~~:~ ~~ :ee t~o bbe the !~~:. who exe;::dt~l{e o~vi~trn corporation that executed the within Instrument, ...r Instrument on behalf of the corporation therein named, and ~I-acknowledged to me that such corporation execute e within (I) instrument pursu to its by-laws or a resoluti of i board of directors. !{ I Name (Typed or Printed) OFFICIAL SEAt L{)UISE M. DEASON NOTARY PUBLIC -CALIFORNIA PRINCIPAL OfFlCE IN SAN DIEGO COUNTY My Commission Expires Dec. 8, 1975 (This area for official notarial seal) iC:11 30! I 31 1 321 (Notarial acknowledgment of execution by all PRINCIPALS and SURETY must be attached.) I I I I \ I ! Page 3 ! i I i I I I I 1 1 11 I 21 ;;1 I .41 51 IMPROVEMENT AGREEMENT DATE OF AGREEMENT:. __ '-":'1 Nfu~E OF DEVELOPMENT: Alta Mira Unit 3, CT 72-23 NAJ.'1E OF SUBDIVIDER: F i nanc i a 1 Scene, J nc. EST TIA..ATED TOTAL COST OF IMPROVEMENT: .... $-..:2:;:...5<..:;8~,t....:0~0~0~.~0~0::....-_--:-______ _ ESTIMATED TOTAL COST OF MONUMENTATION: $300.00 6 TIME LIMIT FOR PUBLIC IMPROVEMENT COMPLETION: 6 months 71 81 I 9 1 . I I 101 111 . ! 121 I 13: 141 15 PARTIES: The parties to this agreement are the city of Carlsbad, California, a Municipal Corporation of the state of California, hereinafter referred to as CITY; and the subdivider named on Line 3 of page 1 hereof, hereinafter collectively referred to as SUBDIVIDER. WITNESSETH: WHEREAS, SUBDIVIDER proposes to subdivide land within the 16 City of Carlsbad to be known as Alta Mira, Un i t 3 (CT 72-23) i and . , 17 WHEREAS, SUBDIVIDER proposes to construct street and other 18 public improvements in connection with said subdivision as required 19 by the Carlsbad Municipal Code and as hereinafter provided: and 20 WHEREAS, the provisions of'Section 18.41 of the Carlsbad 21 Municipal Code provide for an agreement containing certain 22 provisions as hereinafter set out: 23 NOW, THEREFORE, in consideration of their mutual promises, 24 the parties hereto agree as follows: 25 26 COVENANTS: NOW, THEREFORE, it is agreed between the parties hereto as 27/ 28 1 follows: I 29 1 1. 301 I I 31! I SUBDIVIDER agrees to complete all improvement work in accordance with plans and specifications approved by the City Engineer, including all improvements required by ~he 321 Municipal Code which were not specifically waived by the I I I I I i i I , I , , I 1 liSTATE OF CALIFORNIA jCOUNTY OF SAN DIEGO 2/ ss. 310n this day of I in the year , before 4!me,MARGARET E. ADAM~ a Notary Public In and for said State, I 'personallyappeared , known to me to be 5 Mayor of the City of Carlsbad, California, and known to me to be 1 the person who executed the within instrument on behalf of said 6,PUblic corporation, agency or political subdivision, and 7!acknowledged to me that such City of Carlsbad, California executed 8/the same. IWITNESS my hand and official seal. 91 I 101 Signature __________ ..... __ ..... ____ ___ MAR.:3.A.RET E. ADAMS 111 . I 12! i 13! , 141 151 161 171, 18 ,19 20 21 STATE OF CALIFORNIA OF SAN DIEGO 22 ss. OWNER OWNER '23 I n June 14, 1973 before me, the unders igned, a Notary I Public in and for said State, personally appeared __________ _ 24 Darwin D. Olsen, Vice President and Hild ard Rogers, Assistant Secretar 'I----------~~----------------~------~------------------------251 , known to me to be the Iperson/s whose name/s ~/are subscribed to the within instrument and 26 j acknowledged that he/she/ y executed the same. OFFICIAL S!:A1. LOUISE M. DEASON 271 ss m~ and offi seal. 281 SignatfJ!~~~~~ 29 1 Louise M. Deason 301 Name (Typed or Printed) I 311 Appr,:)ved as to form Gion~o, City Attorney - 4 - ," Qb......~ ~.~ 1200 ELM AVENUE / CARLSBAD, CALIFORNIA 92008 TE,LEPHONE: (714) 729-1181 aWes gl tRe Gity "'8f'16g8f1o .., rae I I I Ce I ep one'" (tCttp of (tCarl.£)bab /'. I' F \,1 R t '~9 II. 0 nay :::ep ~2::G ;:... I i 2.Gilo 5 L ., Rm -'2:fr6 ~n !li~?'ri, £.0. S21u4 . REPLY REQUESTED Gentlemen: Janua ry 5, 1973 f.lJ; 1; R I L 0',+--4 b! §ti n. FIRST UTILITY NOTICE FOR PROPOSED CASH CONTRACT OR CITY IMPROVEMENT Under private contract we are ,proposing the improvement of Car1sbad Tract No. ':E¥()~ 72-23, north of Poinsettia Lane. tr'Q<. east of ------------------------ orad i no .J -, I8J preliminaryJ)plans attached. D Revised preliminary plans attached. ROADBED MAY BE SCARIFIED 6" BELOW SUBGRADE L.INE AS SHOWN ON TYPICAL SECTION OF 'PLAN. DO NOT proceed with any relocation work until you receive further notice. Tentative Bid Date: AS~P --~-------------Right of Way: 0 'Existing KJ To be acquired b}!led i ca t i on For further information contact , Ext. 35. --~------~------------- Please fill out the following and return the original to the City of Carlsbad Engineering Department, at the above address within 30 days. o We have prior rights on work to be done. We will submit an estimate of the cost of the relocation and proof of prior ~' rights to your office withih 30 days. No facilities within the limits of the proposed project. We have facilities within the limits of the proposed project. LIST BELOW, SIZE AND TYPE EVEN IF NOT AFFECTED AT THIS TIME. o Our work will require, coordination with the general contractor. (Explain fully below or by attachment.) []we have facilities that will be affected within the proposed project and/or work to perform. (1) The following work is contemplated. (2) Estimateq working days to perform the construction work are days. (3) Construction work can be started ________ days after receipt of second notice. Very truly yours, HUNTER T. COOK COMPANY TO SIGN ORIGINAL AND RETURN Ci ty En~.ineer "ORIGINAL SiGNED Bt{ JACK Wi{KIl\iEN" By ________________________ __ Project ErrlEeC~ EJoICkVNEi kk~en By .b't(C( V Telephone '{f'~(11 Date JAN 1 8 1973 CITY Of CARL~tjAD Engineering Department \ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Manager Ci-iWO , • TELEPHONE: (714) 729-1181 5780 El Camino Real Carlsbad, CA ~2008 ~itp of ~arl~bab REPLY REQUESTED Att: Uohn Pi.eroe Janua.ry 9 t 1973 Gentlemen: FIRST UTILITY NOTICE FOR PROPOSED CASH CONTRACT OR CITY IMPROVEMENT Under private contract, we are proposing the improvementof CT 72-23 from ____ ~~~~~~--~ ____ __ to in the ,vicinity of Lowder Lane 00 preliminary plans attached. (qradirii) Revised preliminary plans attached. ROADBED MAY BE SCARIFIED 6" BELOW SUBGRADE LINE AS SHOWN ON TYPICAL SECTION OF 'PLAN. DO NOT proceed with' any relocation work until you receive further notice. Tentative Bid Date: ________________ __ Right of Way: [J 'Existing ~ To be acquired by de4icat1on~ 1Z9-11S1 , Ext. 35.' For further information contact Please fill out the following and ret1,lrn the original to the City of Carlsbad Engineering Department, at the abov~ address within 30 days. o We have J?rior rights on work to be done. We will submit an estimate 6f the cost of the relocation and proof of prior rights to your office within 30 days. o No facilities within the limits of the proposed project. [] We have facilities within the limits of the propo'sed project. LIST BELOW, SIZE AND TYPE EVEN IF NOT AFFECTED AT THIS TIME. o Our work wil.l require, coordination with the general contractor. (Explain fully below or by attachment.) []we have facilities that will be affected within the proposed project and/or work to perform. (l) The following work is contemplated. -. (2) Estimated working days to perform the construction work are days. (3) Construction work can be started ____ days after receipt of second notice. Very truly yours, HUNTER T. COOK' City Engineer "OruGINAL SIGNED BY COMPANY TO SIGN ORIGINAL' AND RETURN By JACK N1KK_'~ Project Engineer 3ack Nik~inon/de Company Telephone By Date 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 C.opies to : Office of the City Manager • Pacific Telephone Att: Lew Tust n • TELEPHONE: (714) 729·1181 ~x~i<l~(XJr:\iMXW~¥X~~~ t • Ql:itv of Ql:arlsbab x2?J~g~x*~ip~~J'q~xg%~>fxRAAx;g8g J;§"nua ry 5, 1973 REPLY REQUESTED ~~NxRi~~~~xg~x~g*gk and SDG&E -Gary Dyer Gentlemen: ~~~~~xX~~~X~tl~~*M FIRST UTILITY NOTICE FOR PROPOSED CASH CONTRACT OR CITY IMPROVEMENT Under privGte contract we are proposing. the . improvement of Carlsbad tract NO. ::E~Qro /2-23, north of rJOlnsettla Ldne. W ess t of ±:axt:h~x~.k~:im::k:tq~x~£ Lowder {~.:mE.; (I r:\d inc, •• oJ ~ PreliminarYA plans/\ attached. o Revised preliminary plans attached. ROADBED MAY BE SCARIFIED 6" BELOW SUBGRADE LINE AS SHOWN ON TYPICAL SECTION OF ·PLAN. DO NOT proceed with any relocation work until you receive further notice. Tentative Bid Date: ASAP Right of Way: --O--"E-X-l.-· s-t-i-n-g--eg To be acquired byled i c::t t i on For further information contact ____ ~~ _____________ / Ext. 35. Please fill out the following and return the original to the City of Carlsbad Engineering Department/ at the above address within 30 days. o We have prior rights on work to be done. We will submit an estimate o£ the cost of the relocation and proof of prior rights to your office within 30 days. [] No facilities within the limits of the proposed project. o We have facilities within the limits of the proposed project. LIST BELOW/ SIZE AND TYPE EVEN IF NOT AFFECTED AT THIS TIME • ., o Our work will require. coordination with the general contractor. (Explai~ fully below or by attachment.) []we have facilities that will be affected within the proposed project and/or work to perform. (1) The following work is contemplated. (2) Estimated working days to perform .the construction work are days. (3) Construction work can be started __________ days after receipt of second notice. Very truly yours/ HUNTER T. COOK City Engineer "ORIGINAL SIGNED BY COMPANY TO SIGN ORIGINAL AND RETURN JACK NIKKINEN" By __________________ ~~~~ project Engineer, Jacl< Nikkinen Company. Tel,ephone By Date DECLARATION OF 'RESTRICTIONS '-~~'J.~:--JCIAL SCENE ~ INC. ~ a CaHfornia corporation,. referred to below as '!Oeveloper", is the owner 'of the real property located in the City of Carlsbad, County of San Diego, State of California., described as follows: Lot 1, 2 and 9 of Carlsbad Tract 6. 72':"~ in the City of Carlsbad, County of San Diego, State of California, aGcording to Map thereof No. , recorded ttl' the Office of the Recorder of' the County of San Diego·, State of California on Developer hereby desires and intends ~ in connection with the creation of a condomini.um project upon said property, ·to : impose on said property mutually beneficial restrictions under a general plan of improvement for the benefit of all of the condo- miniums in the project, and their future owners, as follows: 1. Declaration.' Developer hereby declares that said property is held and shall be held, conveyed ... hypothecated .... encumbered, leased ... rented., used, occupied and improved subject to the fonowing covenants ... conditions, restrictions and provisions, all of which are hereby declared and agreed to run with the land and to be in furthe.rance of a plan for the' i:nprovement 'and sale of said property and the condominium project ... and are hereby established and agreed upon for the purpose of enhancing and perfecting the value, desirabil ity and ,attractiveness of said property and' the con,dominiurn .project. 2? Non-profit Corporation. Declarant has deemed it desirable for the efficient preservation of the value, desirability and attractiveness of said tract, pursuant to the provisions of this -1- " • • declaration, to create a non-profit corporation to which should be delegated and assigned the powers of maintaining and administering the cor;(':lon area and administering and enforcing these coven<;l.nts, conditions and restrictions and, colle'cting and disbursing funds pursuant to the assessment and charges' hereinafter created and referred to; and Altamira Management Association No.2, a nonprofrt: corporation~ has' . . ,. ,been incorporated under the laws ,of the State of California for the purpose of exercising the, powers and functiGns aforesaid. 3. Defini tions • The following terms shall have the fonowing. meanings: (a) If Condominium!! means an estate in real prpperty consisting of an undivided interest in common in ? portion of a parcel of real property together with a separate interest in space in a residential building on the real pr?perty., (b) !I Project!! 'means the entire parcel of real prQperty divided or to be divided into condominfums, inc.lu,ding all" structures thereon excepting the recreati0r:al fac,il ity •. (c) !!Unit means the elements of a c~ndominium which. are not owned in common with the owners, of other c0r:ldo- mi.niums in the project. (d) "Common areas!! means the entire project except!ng . all units therein gr~nted or reserved and the recreational facility. (e) "Restricted Gommon Areal! means a portion of the ., common area which is reserved for the exclusive use and ehjoyment of a designated unit, and is appurtenant .to such unit . ....,2- ." (f) lTRecreational facilityfl means Lot 9 of said Carlsbad Tract No. 72-23 including all structures and appurtenances thereon. (g) !!Associationll shall mean and refer to Altami.ra Management Association No. 2 ~ a non-profit corporation, inco-rporated under the laws of the State of Cal ifornia on --------------------------, 19 , its successors and assigns. "Board of Directors" shall ----- mean and refer to the Board of Di.rectors of the Association. . -(h) II Memberlf shall mean and ref.er to every person. or entity who holds membership in the Association. 4. Incidents of Condominiums. The incidents of the, condominiums include th~ fonowing: (a) The units in the project include the dwelling space as designated and described in the Condominium Plan recorded in the Office of the County Recorder of San Diego County" California, on , 1972, as Document No. --------------------, (b) The boundaries of each dwelling space are the interior surfaces of the perimeter walls, floors, ceilings, wi.ndows and doors and as shown on the Condominium Plan. The vertical dimensions of all dwelling spaces are the relative distances between floors and ·ceilings. (c) The following are not part of the· UAits: " all land bearing walls, columns, vertical supports, roofs,-floors (excepting upper floor of two-story units), foundati.ons, balconies, patiO's, exterior . ., ., stairways, enclosed parking spaces, and other central services, -3-. ---------.. -----.-.---...... ~ -pipes~ d~cts> flues, chutes, conduits, wires and other utility installations, wherever located, except their outlets when 2::;:.:ated "\vithin the. un~ts. The pP-ysical bounda:-ies of the units as constructed. or of any unit reconstructed in substantial accordance with t.~e original plans, shall be conclu~ively presumed to be the boundaries rathe.r than any .metes and bounds description expressed in 'any deed or plan~ regardless of settling or lateral ~move.ment of the building and rel$ardless of any minor variance between boundaries. shown in any deed or· plan and those of the building. (d) The common areas are owned by the owners of the . units as tenants in common, in equal shares, one for each unit. Balconies, exterior stairways, decks, and enclosed parking spaces are restricted common a~eas fo,!=, the exclusive use and enjoyment of the correspondingly numl?ere.d unit and are appurtenant to such unit •. (e) A nonexclusive easement for ingress, egress, and support through the common areas except the restrict~d common areas is appurtenant to each unit and the cOIrf'mon areas are subject to such easements •. 5. Partition. An action may be brought by, one or more of the condominium owners for partition thereof by sale. of the .~ntire project, or otherwise in accordance with law" as if the owners of all of the condominiums in the project were tenants-in-coII?-mon. in the project in the same proportion as their interests in the common areas; provided~ however. a partition; or judic.ial sale in lieu of partition .. shall be made only upon the showing tpat: .. ~ 1-, -4- ---,--' :.:: '-':'--"':--' -" -, -"-"-'---' ---------.-~--~-- a., , Three years after damage to or,destruction of' ,'-' the project which renders a material par.t of it unfit for its ''':39 crior thereto, the p,roject has not been -rebutlt or repaired substantially to its state prior to its, damage or destructi.on; or b. Three-fourths (3/4) or more of the project has been destroyed or' substantially damaged, and condominium owners holding in aggregate more than a fifty per cent (50%) interest in the common areas are opposed to', reoair or' restoration of ' the project; or c. The oroject has been in existence in excess of fifty (50) years> it is obsolete and uneconomic,' and condominium owners holding in aggregate more than a fifty per cent (50%) interest in the common areas are opposed to repair or restoration of the project, provided that the consent of the Carlsbad Ci.ty Council, i.f then required' by law so' to do, be' obtained. The component elements comprising a condominium"shall not be" ',' .. severable nor separately transferred until the expiration of sfxty (60) years from the date of this Declaration of Restrictions, nor' shall such component elements be PFtrtitioned excep~~ pursuant to a partition made in accordance wi.th the foregoing provisions of this Paragraph. The foregoing shall not be deemed to prevent oartition of a co-tenancy in a condominium. 6. Recreational Facility. Developer hereby declares that it will convey fee ti tle to the recreational facility to the association free l --and clear of all monetary liens and en_cumbrances excepting non-del ihquent real property taxes prior to conveyance of the first condomini.um unit in -5- .., ........... -.::.... the pTc:;e:::-:: to an owner. Said conveyance shall be made for the beneficial use and enjoyment of the condominium owners of Lots 1 and .2 of the project and of Lots 3~ 4~ 5 and 6 of said Carlsbad Tract No. 72-23 upon the filing of a notice ot: annexation pursuant to the pro-, . , . . . visions of Paragraph 23 of this Declaration. pevelo.rer hereby further reserves a nonexclusive easement for ingress/egress through the common area except the restricted common' areas for the benefit and enjoyment of Lots 3~ 4,·: 5 'and 6 of said Carlsbad Tract No. 72-23 and there shall exist upon the filing of a notice of annexation pursuant to Paragraph 23 of this Declaration a reciprocal easement of ingress and egress over and through the common areas of said Lo~s.3~ 4.. 5 and 6 for the benefit and enjoymen~ of Lots 1 and 2 of said Carlsbad . . Tract No. 72-23. The common lot is Lot 9 of said T_r~c.t. 7.' Membership. Every person or entity who is a record owner of a condominium in the project shall be a .me~ber of the Associati.on. The terms and provisions set forth in this declaration which are binding upon all owners of condominiums and all members in the Association are not exclusive, as both the member· and· the condominium shall, in addition. be subject to the, terms and provi~ions of the .- Articles of Incorporation and the By-laws of the Association. The -foregOing is not intended to include persons or entities who hold an 'interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from. the condominium. Ownership of such condominium shall be the sole qualification .,for membership. The' Developer shall hold a membership 1 as to any condominium that has not been conveyed. -8- 8. Transfer. The' membership ,held .by any condominium be transfer~ed, pledged or alienated in any way except upon the sale or encumbrance of such condominium .. and then only to the purchaser or d~ed of trust hold~r of such c;ondominiutYI. Any attempt to make a prohibited transfer is void and wi n not be reflected ypon the books and records of the Association. 9. Voting .Power. There shall be one person designated as "voting, owner" for each condominiur:n, who shall be designated by the condominium owner by notice to the Association. The" voting owner need not, but may, be a condominium owner and if the voting owner is not a condominium owner, his designation shall be by the written notice given by the condomil1ium .owner to the ,Association. The designation, as to any condominium, shall be revocable at any time by actual notice to tl}e Association of the death or judicially declared imcornpeten~y of the condo-:: minium owner, or by a written notice-of :the revocation to the Association by the condominium' owner. Such power of desig- natlon 'and revocation may be exercised by the guard~an of the condominium owner's estate or by his conservator, or in the case of , a minor having no guardian, by the parent entitled to 'his' custody, or 'during, the administration of the condominium owner's estate.,. by his' ':-execut9r or administr-ator if his' condominium is subject to administrati.on '1 ,-7-: in his estate. I f no such d~signation is made' a$ to a condominiuml or ,where a designation has been made, the voting owner shall be the CC;.':::::-:-,' ,-:...:-:--owner. 1'Condominium owner" as referred to, in this paragraph shall be deemed to mean the record owner' of a condominium as reflected in the official records of the San Diego ~ounty Recorder. In the event as to any condominium there is more than one condominium owner., the power of designati0!1 and revocation, and the right to vote in the absence of a current designation., must ,be' exercised by,a ."'''' .. "-. ., majority of such condominium owners. ,There shaH be one vote for each condominium which shall be exercised by its voting owner in ",accordance wd:h the foregoing. In the event there are two owners of .a condominium and no current designation of, one as voting owner has been made, the owner appearing at the meeting shall hav~ the right to vote in the absence of the other, but if both are pres~nt at ,the meeting.,' there must be unanimity between them in order to have a vote. 10. Meetings of Associati.on. The, first regular meeti.ng 'of ,the, Association shall be held within thirty (30) days after the close 'of escrows for the sale of 50% of the condominiums in ,the project,. or within six months after the close of escrow for' the sale of the , 'first condominium in the project, whichever first occurs.. ~h,ereafter.,. pegular meetings and special meetings of the Association and of its ,Board of Directors shall be called ~ held and conducted in the manner provtaed in the Association By-Laws. At the first regular meeting of the Association :the members shall elect a Board of Directors as provided in ti'he -Association By-Laws to ,replace the original 20ard of Directors. -8- 1 1 ..:.. ...:.... Association and Board of Directors. '. Any duty, obligation or authority vested or required. to be performed and any power or privilege which may be exercised by the Association pursuant to this Declaration shall be performed or exercised only by the Board of Directors or its authorized del~gates •. agents and' servants, and any . . power; duty, obligation or authority.vested or ~onferred qn the Board of Directors by this Declaration shall be deemed a power, duty. obligation or authority of the Association. 12. Notices. Any notice permitted or required to be delivered as provided in this Declaration of Restrictions may be delivered either personally or by mail. If delivery is made by mail, .such notice shall . .' be deemed to have been delivered to a person tv.:enty-four. (24) hours after a copy of it was deposited in the United States· mail;. postage . . 'prepaid, certified or registered, addressed .to such person at the address given by him to the Association for the purpose of such . , service of notice, or at the address of the condominium owned ·o'r represented by such person, if no other address had been given to the Association. Such address may be changed from' tLrne to time by., written notice delivered to the Association in accordance with the fore- going. 13. Powers and Duties of Board of Directors. ' The Board of Directors for the benefit of all of the condominium owners# 'shan acquire and/ or pay for nut of the maintenanc~ fund, the following: a ... -Garbage and trash disposal. water, sewer 1 electricity. telepb.~ne) gas, and other utility services necessary or proper for the common areas and the recreational facility maintenance service for the common areas, and replacement and maintenance of landscaping on dedicated utility easements \vithin the project. -9- .- b. A policy or policies of fire. insurance .. with standard extended coverage endorsement .. for. the full insurable value (replacement cost). of the str~ctures ar.c tmprovements in the project and the recreational. facility and for the fair market value of a~y pers~nal property owned jointly by all of the condominium owners for use .in the common areas. c. A policy or P9licies. of ·insurance insuri.ng the Association and all of the condominium owners against any liability to the public or to the condominiull) owners .. their invitees ~ guests and tenants ~ incident to the owner.ship or use of the common .areas or the recreational faci.lity. The . liability under such coverage shall not be less thEm Three Hundred Thousand Dollars ($300.1000.00) for anyone person· injured~ Five Hundred Thousand Doll·ars ($5~03000.00) for any one occurrence~ and Twenty-five Thousand Dollars ($25,000.00). . . for property damage. Such policy limits shan be reyiewed . . at least every five (5) years by the Board of Directors and may .be increased in its discretion. d. A policy of workmen's compensation. insu~an~~ to . the extent necessary to comply \Nit;h applicable laws. e. Services of a person or firm to manage th~ project or the recreational facil tty to the extent deemed necessary..9r·. prooer by the Board of Directors. an.d services of such other personnel as the Board of Directors shall deem necessary or .,.? proper for the· operation of the .project or the recre.~tional facility. -10- f. Legal and accounting servfces necessary or .. pr.oper for the operation of the pr:-0ject or the recreational facility. ;::::---.~ =,-:2 2nforcemen<: of this Declaration of Restrictions. . g. A fidelity bond or bonds naming members of the Board of Directors~ and such other persons as it ma~ designate~ as' principals, and naming the condominium owners as obligees ~ for the first year in an amount not less than 50% of the estimated maintenance fund for that·year~ and for each year thereafter in an amount not less than 5010 of the total sum collected through the maintenance fund during the preceding year .. h. l\I\anaging:> maintaining:> repairing, replacing ~ and operating the common areas and community faciliti.es and recreational facil ity including, but not limited to, landscape lighting, driveways, gutters, walks~ slopes~ dt:'ainage faciHties, water and sewer lines:o parks .. landscaping ~ open space. areas" stairs, buildings:o swimming pools ,and other improvements and facilities situated on common areas excepting. restricted common areas. The Association shall be reimbursed for the cost of repairs by any condominium owner who causes damage"to the project or the recr.eational facility making such repai.rs necessary or proper. The Association· shall levy a special a~sessment against such owner1s condominium for the cost of any such repairs. i. Repairing.. replacing and mai.ntaining the exterior of all buildi.ngs, structures and improvements tn the project and ~ the recreational facility.. includ ing roofs .. driveways, ..... walkways, building support structures. and restricted common areas L -1l- , . j. Any other .rnaterial-s~ stjpp1ies~ f(irnishings, equipment, .. labor, servtces~ maintenance~ repairs, structural alterations ~;-'. ~n3urance which the Board of Directors 'deems neces.sary or proper for the operation of the project or the recreational. f?~i.li.tyl k. Taxes and' assessments, . if any, levi.ed or assessed against the common areas, ·the recreati9nal facilities', or 'levied and assessed against any unit if resulti.ng in a Hen against ,the common areas~ and any other lien or encumbrance which affects . the common areas., including) but not limited .to, mechanics' . ' liens. Such taxes.. assessments ~ 1 tens or encumbrances which shall be paid by the Board of Dtrect<?rs from' the maintenance fund, however~ shall not include al!Y levied or assessed against. or which affects .. merely the interest of one eH": more (but less than all) of the condomini.ums and. not the in~erest of all of the condominium owners in the common areas~: the Board of Girectors shall levy a special .. <,?ssessment' ag'ainst any condominium for the amount of any such tax, assessment, lien or ~ncumbrance which applied specifically to such ~ondominiurY) to the extent the amount is separately determinable •. _ '1. Mai.ntenance and repair of any unit, if such maintenance or repair is required by this Declaration of Restrictions .or is necessary. in the discretion of the eoard of. Directors to preserve or protect the common areas or another unit from damage, destruction .. or unusual depreciation, and if ·the oyvner of any such "unit (as to which such maintenance or repair LS nece,ssary) ., shall have failed or refused to' perform the maintenance or repair within a reasonable ttme after delivery to hi.m by the -l2- Beard ef Directers ef wr,itten netice ef demand fer the maintenance er repair. The Beard ef Directers shall levy &. s~-9cLal assessment against the cendeminium ef which such unit is a part fer the cest ef any such maintenance or repair paid fer by the Beard ef Directers in accerdance with the foregoing. ,The Beard of Directors sha,ll have the exclusi.ve right to contract fbr : and/or acquire all services, 'materials and other items fer which payment is to. be made frem the maintenance fund and 'may dele~ate its authority to obtain such services, materials and other items to. such third parties as the Board of Directors may select'. Provided ,that the term of any service contract whether contracted for by the Board or such third party shall be limited to a'duration of one ye~r , except with the appreval ef a majerity of the voting owners. Notwith- standing anything in this Declaration of Restrictiens to.. the contrary, except pursuant to the provis.ions of paragraph 24 n~ altera,tions,.) additions, or improvements in cennection with the project. shall be made at a cest of more than One Theusand'Dolla:!"s ($1,000 • .00) vvit~out the approval of at least two-thirds (2/3) of the voti.ng owners. The Beard of Directors shall have the power to. enfo.rc:e ~he. pro.visio.ns o.f this Declaration o.f Restrictiens. The Board o.f Directors shall have" and is hereby given, a pewer-of Cl:tto!:'r:ey to. 'sell the pro.ject fer the benefit o.f all the condo.minium, owners when a partition thereof may, be had pursuant, to paragraph 5. The power '" -l3-' of attorney shall be binding upon an the condominium owners and may be exercised by a majority of the members of the Board of Directors. --;:-.e ;::,,=·,/·,-:::r 0-;0 aITorney is hereby declared to be irrevocable;> and one coupled with an interest.· , 14. Rules and Regulations. The Board of Directors shall have the right, from time to time'" to adopt· reasonable rules and regulations not inconsitent with the provisions of this Declaration of Restrictions >, relating to the use of the common areas an~ the recreational facility , by the owners and other occupants of the condominiums and their guests,,, and to the conduct of such persons regarding the recreation facilities" parking, storage, trash" and garbage disposal", laundry" pets and other activities as to which such conduct might adversely affect, ~he. project or the recreational facil ity or its appearance or might offend, inconvenience or ~ndanger the owners or other occupants of the condominiums or thei.r .. ~." : guests. A copy of the rules and regulatio(1s shall be delivered to the, owner of each condominium or posted in the common areas and the recretaional facility at a place where it may' be conveniently observed. The rules and regulations shall be binding upon the ovyners and occ~pants' 'of the condominiums, and shall be enforceable to the same extent as if they were specifically set forth as provisi9!'!S tn this Declaration of Restrictions. The Board of Directors shall also have the power to allocate to the units, on an equal basi~ any unallocated Rarking spaces or to lease or rent said spaces on such terms and conditions as it dee!(ls, ~ , "": reasonable. The Board of Director;:; shall also have the power to establish , and collect r,!asonable charges for use of the recreational facility. -14- 'l 15. Entry by Board of Directors. The Board of Directors or its agents or other persons duly authori,zed by it may enter any unit when reasonably necessary in order to perform ma[ntenan<;~~ ~epair,:> construction or other work for which the Board of Directors has authority, or for any other purpose related to i.t~responsibilittes pursuant ,to this Declaration of Restrictions. Any such e,ntry shall be acc01!lplished with as little inconvenience to the condominium owner as practicable, and" except in the event of an emergency, upon reasonable notice to the ' condominium owner. 16. Books and Records. The Board of Directors shall keep and maintain complete and accurate books of account relative to its operation of the project and the recreational, facH ity and the books and records shall be available for inspection at such location as may, b~ approved from time to time by the Board of Directors by any , condominium owner at all reas~>nable times. The Board of Governors shall cause an independent audit to be made annually of. such books and records by a certified public accountant, and a copy or each audit.J .. including a statement of income and disbursements, shall be delivered- to each condominium owner within ninety (90) days after the close 'of the fiscal year adopted by the Board of Directors for the Rroject. Any condominium owner may at any reasonable: time, at his own cost 'and expense, cause an audit or inspection to be made of the books and records by an accountant or other representative duly autAorized by him. 17. . Creatron of Lien and Personal Obligation of Assessments . ., The Developer,'1 for each condominium owned by it within the project hereby covenants and agrees to pay, and each owner of any condominium in this project" whether or not it shall be so expressed in any, deed or -15- l . other conveyance, is hereby deemed to cov~nant and ag.ree to pay to- the Associ·ation assessments established and collected from time to time as :-'2:--~:""2.ft°r orovided. Such assessments" together w~Lh such ~n'i:erest thereon and costs of collectton theref.or, as her'!=tnafter provided, shall be a charge on the land and the personal oblig~tion of the member who was· the owner of the condominium at the time the asses.sment feU due. 18. Assessments . Immediately following. the flrst regular'. meeting of the Association, and thereafter at least thirty (30) days prior to January 1 of each year, the Board or Directors shall estimate the total charges to be assessed against the project and to be expended by the' Board of Directors during the succeeding year, which sh.a~l constitute the maintenance fund (including a reasonable provision for '90ntingencies and adequate reserves for. replacements, less any expected surplus from the prior year's fund). The estimated amount reqIJired for the maintenance fund shall constitute the aggregate regular assessment which shall be assessed to and paid by .the cond,omi.niu~ owners' in equal, shares. Any increase or decrease from the amount of the initial aggregate regular assessment shall be assessed-to and paid by" or .shared by (in the case of a decrease)" the condominium owners equaUy. If the estfrrated cash requirement proves to be inadeguate fO.r any reason, including nonpayment of any condominium owner's assessment or unforeseen expenditures, the .Board of Directors may at any' time levy a special assessment which.'shall be assessed to the condominium owners equany unless otherwise orovided in this Declaration of Restrictions" Each' condominium owner shall be obligated. to pay-to the Board of ., ., Directors his regular assessment in twelve (12) equal monthLy: installments . . on or before the first day of each calendar month; and to pay special -16- assessments within thirty (30) days after their levy or at such other times as the Board of Directors shall designate •. All assessments shall =.2._= :::-: .s'~cr. place as the Board of Directors shan desig0ate • The reg~lar assessments shall commence upon the· close of escrow for the sale of the first condominium. in the project; regular assessments chargeable to or payable for each unsold condominium shall be charged to and paid by, and be the de.bt of Developer or its ~uccessor in ownership of each such unsold condominilJ.f!\ ~r'1d shall commence on the first day of the calendar month following the month i.n which a notic.e of completion is duly record?d for each such condominium. All· regular and special assessments levied upon any condominium !?hall constitute a debt of the owner of such condominium at the time of the . assessment and shall be paid promptly. Interest at the lega~ rate of ten per cent (10%) per annum shall accrue on all delinquet:Ot. assessm\,?nts. 19. . Assessment Lien. The amount of all regular and special: assessments, plus interest thereon and any.expenses reas<;mably incurred in collecting and/or enforcing such assessments ~ .includi.ng reasonable attorney!s fees, shall be and become a lien upon the ~ondor"0inium so assessed, which shall attach to the .condominium as of . the tilTle the Board of Directors cause to be recorded in the offi.ce. of the County Recorder of San Diego County, California, a Notice of Assessment Lien, .. which shall state the amount of the assessment and such r.elated charg~s· -17- L as may be authorized by this Dec:laration of Restrictions,. a description of the condominium against· which the lien .. ~as been assessed, anc;ithe name of the record or reputed owner of the condomi.n~:..1m.. The notice sr;3.. L c.= s i~ned by any two (2) members of ·the Board o.L Director;:; • The assessment lien shall also be deemed to secure all of the foregoing items which shall become du~ and/or incurr~d relative to. :the condominium subsequent to the recordation of the Notice of Assessment Lien until. . . . the completion of the enforcemE?nt of the-lien or -the payment of the fun amount: secured by·the lien, or other satisfaction to be made in connection therewith. No proceeding or action shall be instituted to foreclose the lien., eith.er judicially or under the power of sale granted herein, until notice of intention to proceed to foreclose the lien shall have .been delivered by the -Board of Directors to the ·owner of the' . condominium affected by the 1 ien at least thirty (30) days prior to the -commencement of any such action or proceeding .•. The assessment .lien may be enforced by judicial foreclosure., or by s.ale by the Goard of' Directors conducted in accordance with the appl.icable provisi-ons' of ~aw relative to the exercise of powers of sale in mortg~ges and deeds of trust, or any other manner permitted by law •. The Board of.Directot"s is hereby expressly given the power. to sell any c~ndominium as to. which any assessment has not been paid., in order to effect collection thereof. Upon any such default in payment, the Board of Directors may, cause to be served and recorded any necessary noti.ce of default and notice of sale which may then be required by law, and after the lap$e".of such -time .as may be then' required by law, the. Goard of. Directors may sell '1 such' condominium at the time and place fixed in such notLce of sale, or at such other: time and place to which such sale may be postponed -18- J, by publ ic pronouncement at the time and place so fixed., The sale shall be made at pubHc auction to the highest bidder for cash, or its eq'..ltvalent, oayable in lawful money of the Unite~ States, at the time of sale. After deducting all costs and expenses of sale ~ including cost of evidence of title .. the Board of Directors sh.all apply the proceeds ,of the sale to the payment of an sums secured by the assessment lien" plus accrued interest to the date of sale at the rate of ten percent (1010) per annum~ the remainder of such proceed~ j if any', ,shall be paid to th~ person legally entitled thereto., The foregoing rights of enforcement shall not be eXClusive, but shall be in addition to any other rights and remedies which the condominium owners and the Board of Directors may have under this 'Declaration of Restrictions, ,or otherwise iF! accordance with law. The Board of Directors shall have the right to bid at any foreclosure sale and to hold, lease, mortgag~ and convey such condominium upon its purchase. Upon payment of the full amount secured by an assessment lien, including all authorized charges in accordance with the foregoing ~ or upon any other satisfaction duly made '. ' , in connection therewith, the Board of 0 irectors shall cause to be recorded a notice setting forth the fact of such paymel')t. 'and/or sCltisfaction and of the release of the assessment ,lien. Any,.assessment I ien as to any condominium shall at all times be subject and, sUborqinate to any recorded first mortgage or deed of trust on the condominium which is created in good faith and for value and which is recorded prior to the 'date of recordation of the assessment lien. ,In the event any assessment , lien is destroyed by reason of the foreclosu re of any prior mortgage or deed of trust on a condominium.. the interest in the condominium of the purchaser at the foreclosure sale shall be subject to a I ien to secur'e -19- future ,assessments levied upon the conpominium subseQWe0t to the date of the foreclosure. Each condory1inium owner shall and hereby does in r2ver ,:A' all the assessment liens, which shall be prior to the rights of any condominium owner under anyappl icable homestead or exemption laws. 20. Separate Taxes and Assessments. Each condominium owner shall execute such docume,nts and take such ac~ion as may be reasonably required, as determined by the Board of Governors, to obtain separate assessments for real and ,personal property, taxes and assessments for each condominium. fn the event any r~al or 2~rsonal property taxes or assessments shall for any reason not be separately , , levied upon the individual condominium responsible therefor" such taxes and/or assessments shall be paid by the Board of Directors and. th,ereuPQn 'specifically assessed by the Board of Directors to the individual condomi.nium Qwners equally, or to any'.specific condomi.nium owners who may be particularly responsible therefor,' 'as the case' may be. Each condominium ovvner shall pay. promptly the amount, of' any, real and personal property taxes or assessments levied against his condominium • . 21 • Maintenance of Units. 'Each condom inium owne'r shall hav~ the exclusive right and the obligation, at his own cost and exp~nse~ to repair, maintain, paint, repaint, tile, wax, paper, or otherwise refinish and decorate the inner surfaces of the wal1s~ ceilings, ,floors;. Windows, doors and trim of his unit (but excludi09 the restricted common area~ and to maintain" repair, paint~ finish, alter, substitute,f ., add or remove any fixtures attached to the interior surfaces of the ceil ings, floors or walls of his unit. Each condominium owner shall -20- ,~ . -.-~'-'--~--~-.---.----~--",.-.-. --" have the obligation at his own cOpt and expense, to maintain ~nd repair all pipes, ducts, flues, chutes, conduits, wires and systems supplying utility and/ or convenience services to' his condominium which are located iTl or upon his unit) qr the ceilings" roof, floors or walls of his unit" including light bulbs for entryways to the unit and appurtenant garag'e. The foregoing shall not be deemed to permit any condominium owner. to interfere with or di3;mage the structural integrity of any building in the project, or to interfere with the use or enjoyment of the common areas o:r any of the other, units in the project. 22. Use of Condominiums. The condominiums shall be used and occupied in accordance with the following: a. Each unit shall be used for residential purposes only. No unit shall be occupied as a permanent residence by any person under twenty-one (21) years of age except for a period not to exceeq twenty (20) days in any, calendar yearo The restrictions' cont~ined in this subparagraph may be modified as to any unit by the' Board of Dire ctors but any such modification shall be applicable only to the then owners of the unit at the time the modification is made. b.-No condominium owner shall store or construct anything on, or obstruct the common areas, e:x;cept with .the prior wr~tten consent of the Board of Directors.,. . . c. No condominium owner shall do anything which shall increase the rates of insurance •. or result in cancellation ,of insurance relative to the project or any portion of it. d. No"condominium owner shall· commit any w-aste in the common areas, nor do anything in or about or in connection with thEf project which would be in violation of any statute, law. . ., ordmance or governmental rules and regulations. e~ No condominium owner shall do anything in the project which would obstruct or interfere with the rights of, or annoy or be offensive to, other condominium Q,\vners. -21 f. Storage shall be pe:rmitted only in designated locations in the common areas~ No exterior clotheslLl1.es or lD.Ciividual outdoor television or radio antennas~ shall be erected or maintained in the project. No automotive overhaul or maintenance work, in the absence Df an emergency~ shall. be . performed in and about the project. All trash containers shall be kept in garage s and away from public view except on days of collection. g. No sign of any nature~ except as provided in Section 712 of the Civil Code, shall be displayed to ·the public vievT on or from any condominium without the prior writt~n approval. of the Board of Directors as to size, shape~. color and content; however ~ Developer may place reasonable signs upon the project in connection with the sale of the condominiums' owned. by it or in which it has a security interest. h. No livestock, poultry or animals of any nature shall be raised, bred, or kept in any condominium~ .except not exceeding two domesticated dogs not exceeding. thirty pounds weight each upon mature growth .. cats, caged birds .. or other household pets~ provided that. they are not kept or maintained .for any commercial purposes. Such pets shall not be allowed in the common areas except as may be allowed by rules of the Board of Directors. i. No condominium owner shall alter.,. construct or remove any portion of the common areas or affix or, attach anything thereto, including the roofs and the exterior surfaces l of the windows and exterior walls of any unit.. I,vithout the prior written consent of the Board of 'Directors • . -22- ---__ ~ __ ~_, __ ~_. ________ ._ .. _=====-,,=====.-..-01 j. Each condominium owner shall keep clean and in -good condition and repair the windows and interior of his uni.t and .sL-.2~ ~ not permit laL:ndry. or other uns.ightly ite.-:ls to extend fr'om or hang over the windows or balcony .. if any .. of his unit. All draped windows shall have .. facing the exterior, either draperies .. drapery lining or casements of a neutral color approved by the Board of Directors .• 23. Annexation of Territory. Upon the recordation at any time prior to January 1 .. 1975 of an instrument. entitled Notice of Annexation of Territory (hereinafter referred to as "NoticeTl ) filed by the declarant covering the real property described as Lots 3, 4 .. 5 and 6 of Carlsbad 'Tract No. 72:':"'23 according to map thereof No. recorded in the office of the recorder of the County of San Diego ... State of California on , containing a provision making this --~----~--------------------- Declaration .of Covenants.. Conditions and Restrictions spe.cifically applicable to said lots and said tract in the same. manner as if it were originally covered by this Declaration and thereafter the rights". powers' and responsibil i ties of the parties to this declaration with respe~t to the annexed lots shall Qe the same as with the original p(:oject covered by this Declaration and the' rights .. ·pr.ivileges .. duties and liabilities of the owners of the units within the added lots and the impqsition of assessments and enforceability of liens shan be the same as in the case of the original project. Within thirty (30) days following the recording of such notice .. declarant will' record an appropriate document gr~nting to the owners of unitS within ~he original proj.ect, an easement. fo~ the none)~clusiveuse ., of the common area within the addition.al lots for the purp9ses set forth . in 'this Declaration. Following the recordation of an instrument conveyi.ng -23-. "-.?;j . ---~----------,.-~-----.. I I I i 'I a nonexclus ive easeme,nt in the common area to the owners, ,a photocopy of the recorded instrument will be mailed to each owner, of a unit in the original project. The 'notice shall co"'::2.in the following provisions. a. A reference to this Declaration which includes the date, place of recording and file number. b. A statement, that the provis ions of this Declaration shall apply to the annexed lots as provided in this paragraph._ -c. An exact description of the annexed lots together with designations of the common area of the added lots. d ~ A statement that the owners of units of said added _ lots shall have the right to use and enjoy the recreational facility in accordance with the provi$ions of thi.s DeClaration as if origin,ally included therein. ' Declarant shall have the right to, grant to the owners. of units 'within the annexed lots a nonexclusive easement to. use the common area' of the project for the uses and purposes set forth in this Declaration ~ The annexation of territory pursuant to this 'p~ragraph shall be authorized only if a condominium plan or plans covering all or som~ of ,said Lots 3, 4, 5 and 6 has been ,recorded and the condominium ,units shown on said pl~n do not exceed 170 units in the aggrega,te., 24. Destruction of Project. In the event the project or any portion of it, is damaged by fi.re or other casualty, the Board of 'Directors shall take such steps as are proper to make the necessary repairs and reconstruction of the damage. In the event any insuran'ce "t ,proceeds pai.d'las a result of the damage do not exceed the sum of :"'24- -."" -------.~-- " I Five Thousand Dollars ($5,000.00)" then the insurance proceeds shall be held by the Board of Directors and used for the purpose of paying for· the repairs and reconstruction. In the event the insurance proceeds OJ ·2;xceed the sum of Five Thousand Dollars ($5,000.OO), then all of the insurance proceeds shall be· paid to the holder of any mortgage or deed of trust upon ·the project or any porti.on of it,. in trust, however, for .. the purpose of making payment upon the cost of repai rs and reconstruction~ but if there De no holder of such m.ortgage or de~d of trust, then the insurance proceeds shall be paEd to an insur(3.nce trustee, in trust, for the purpose of making payment· for the costs of the repairs and reconstruction -' which insurance trustee shall be· a bank or trust company located in the County of San Diego., CaUforhia, selected by the Board of Directors. Any insurance proceeds in excess of the amount r~quired to pay such costs shall be disbursed to the Board of Directors for the benefit of the condomini.um owners. In the ~vent the i.nsurance proceeds are insufficient to pay an of the costs of the· repairs .. and reconstruction, the Board of Governors shall levy a ~pecial assessment against the condominium owners so-: as to acquire funds in the amo~nt of the deficiency. 25. Enforcement. The provi.sions of this Declaration of ·Restrictions shall be deemed covenants, c0r1ditiorls and restrictions and ·equi.table servitudes,. which may be enforced by any condominium owner or the Board of Directors, and which sh.all be liberally construed to effectuate the purpose of creating a uniform plan for the development ., . and operation of a multiple residenti.al condominium project. In the 'I 1 1 1 1 event of a default in the performance of any of the provisions of this Declaration of Restrictions.. such provisions may be enforced by legal· proceedings, including, but not limited to, by· abatement of nuisance, and damages. In addition to any other means of enforcement provided by. this Declaration of Restrictions, the Board of Directors shall have the. I~ight to suspend the voting rights of any condominium owner for any period during which any assessment against. nis unit: remains unpaid and delinquent and· for a period not to exceed thirty 1'30). days for any single infraction of the rules and regulations of the Board of .Directors . or any breach of this Declaration of Restrictions provided that any -suspension of such voting ri.ghts shall be n:ade only afi;er ~eqring by. the Board of Di.rectors upon fourteen (l4) days' notice given in the. manner prescribed in Paragraph 12 --'----of this Declaration of . Restri.ction.s. 26. Waiver. Failure to enforce any provisi.on of this Declaration of Restrictions or any waive.r of any breach shall not constitute a waive-r of that or any other provision of any future breach~. or of the future right to enforce that or any other provision. 27. Ri.ghts of Lenders. Any condominium owner .may e0cumber his condominium by deed of trust or mortgage. T~e beneficiary of the deed of· trust or the mortgagee of a mortgage is referred to in this paragraph as a· fllenderfl • A breach of any of the prOVi.SlOnS of this . Declaration of Restrictions shall not affect or i"mpair the 1 ien or charge of any bona fide "'deed of trust or mortgage made i.n good fai.th and for ., value enc.umbering any of the condominiums. A lender who acquires title by foreclqsure or deed in lieu of foreclosure shall not be obligated -26- _~ _____ ~_....-.---~ T __ ~' ____ "'------~ .. -.~. ,...--. 1 1 1 1 1 1 1 1 1 ·1 1 1 1 1 1 1 1 1 1 1 1 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~.' .'. to cure any breach of this Declaration of Restrictions~ which is ,n{)ncurable or of a type which is not practical or feasible to cure. It is intended that any loan to facilitate the resale of any 'QondOmln~urn a:-'<:2i foreclosure or deed in 1 ieu of foreclosure is a loan made in good faith and for value and entitled to all of 'the rights and protection afforded to other lenders. All liens created by this Declaration of Restrictions~ including~ but not limited to~ any regular or special assessments for the payment df money ~ shall be subordinate to the ~ien created by any such bona fide deed of trust or mortgage given to any lender. It is specifically understood~ however~ that a lender is liable' for all' such assessments during the actual period of time the lender holds title to a condominium. This liability for assessments on the part of the lender is on a pro rata basis with the pro, rata period commencing on the date the lender acquires title and ending upon resale or, other transfer by the lender, whereupon t!le liabtlity will attach to, ' the transferee. No ,amendment to this Declaration of Restrictions' shaH -affect any lender to the extent it defeats the lender's then priority position with respect to its lien or which would corvert the lender's loan to an illegal status under such governmental, regulations then -applicable to the lender involved ~ u'nless the approval in writing of any such lender is obtained. Any amendment to this Declaration 'of Restrictions- adopted in accordance with paragraph 2B ----shall -affect all lenders 'provided written notice of the proposed amendment is sent to all lenders then of record and the written approval is obtained from the lenders holding the b1Efneficial interest of at least seventy-five percent (75%) of the number of mortgages or trust deeds of record constLtuting valid fi rst liens against' the project or any portion of it. Because of its -27- " financial interest in the project, a lender may appear at mE?etinss of, the voting owners and of the Board of'Directors to ,present objections if \./£::;~?l::~0Y')S of this Declaration of Restrictions have no': been re;-;--!ed~ed. A lender is authorized to furnish information to the Board of Directors concerning the status of any loan encumbering ,a condominium. All applicable fire and extended coverage insurance policies shall contain loss payable clauses naming the lenders who encumber condomini4ms . . by deed of trust or mortgage, ,as their interests may appear. . 28. Amendments. This Declaration of Restrictions may be amended by an instrument in writing, signed and acknowledged by the ·owners of at least three-fourths (3/4) of the condominiums in the. project after approval of the amendment at a meeting of the voting owners duly-caHed for such purpose, whereupon the' amendment sha 11 become effective upon its recordation in the Office: of the County Recorder of San Diego County, California; but no .such amendment ·shall affect the rights of the holder of any ,mortgage or .deed of trust recorded prior to the recordation of the amendment>.. unles~ approved in accordance with paragraph 27. 29. Attorney's Fees. In the event an attorney is engaged by the Board ·of Directors for the enforcement or defense of any of the" provisions of this Declaration of Restri.ctions, then the. Board of Directors shall be entitled to recover from the adverse. 'p~rty to the controversy a reasonable sum for attorney's fees so incurred and the costs incurred and such costs and attorney1s fees shall constitute a lien ·on the condominium pursuant to Paragraph 19 of this Decl.ara~i.on. 1 80. ,Interpretation. As used in this Declaration of Restrictions, the mascul ine gender shall' include the feminine, and the s~ngular number shall include the plural.1 as the context may require. The titles or -28- ,. •. Ii headings of the paragraphs of this Declaration-of Restrictions are not a part of it and shall have no effect upon the interpretation of any of its provisions. 31. Severability of Provisions. The provisions of this Declaration of Restrictions shalf be -deemed independent and severable ~ and the oartial or complete invalidity or unenfo.rceabiHty of any provision shall not.· affect the validity or enforceability of any ()ther provision. . . '. 3:? Binding on Successors. The pr-ovisions of this Declaratiol1. of Restrictions shall bind and run with the property ·and shall 'inure to the benefit of:l and be bind ing upon:l the he i rs -' legatees ~ devisees ~ executors ~ administrators -,. guardians, conservators , .. successors ~ successors in interest:l purchasers-, lessees, encumbran.cers:l donees.,. grantees -' mortgagees, 1 ienors:l and assigns of and from ~ach condomini.um· owner:l and each person having or acquiring any right, title or intere$t in the project or any portion of it. 33. Duration of Restrictions. This Declaration of .Restricti.ons. shall terminate and its provisions shall be of no further effect upon the expiration of sixty (60) years from the date of the recordation of this Declaration of Restrictions. Dated: FINANCIAL SCENE, INC. By ----------------~~--~--~-------------- , ., -:29- .~.~-.----.-.. -_. ~-.-. -.... -~----.-" ,-.. ~.~ ....... -'''-'---''.-... -.-_.-... _.-. f • SUBORDINATION .AGREEMENT ----------------------------------------------------------------------------~ beneficiary under that certain deed of trust filed for record J 19 , -File No. ------------------------, dfficial' Records of ---------------- San Diego County .. hereby agrees that the lien and ch~rge of said deed of trust is and shall .be subject. and subordinate to the within 'Oeclaration of Covenants .. Conditions and Restrictions.' Dated: ~---------------------- By: __ ~ ________________________ ~--__ By: ____________________________ ~ ____ _ STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) On ______ ------------, 19 ____ , before lI}e,' the undersigned, a Notary Public in and for said County and State, personally appeared"-'- ~ . known to me to be the --------------------------------------- and --~---------------------------,., .. known to me to be the . , of the corporation . ---------------------~- thcrt 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 by-laws or·a resolution of its Eoard of Directqrs. Notary Public in and for said County and State ... I. JMPROV:t~ ·;r:;1'iT LOG ---- Carlsbad Tract No ~ . :z 2-Z-'3 Project Name AATA--HI,re,4- Developer VA/,4A1C//!L SCe.!'bte: "..z:-A/C. , /? (/ sspi/( I (JH4/tDS Phone ~ '72·-766?J Eng ine e r 0 f work~--t£:~::'-::"'!_C-_'-,t<::. ____________ ...--.:P hone ____________ _ ·other phone ------.----.------------------------------. ----------------------- TEN'rA'I'IVE MAP Date Submitted Date Checked '--__ ....;Date of Report to P.C " ___ ._ .. _ ----- Date of Approval by P.c .-A UQ,. ~j()r;:J ,Date of Approval by c.c.~ ~/5-7"2- No. of Lots ttl Fee ______ ....;Paid ___________ ._Condominium ~or No .O.the.r ______________________ C .• C. R.e.s. Noo ______ _ No. 6f LotS. __ ~ ____ _ FINAL MAP REPORTS & AGREE~1EhTTS Fee ;i#~3..Q..Sd-Date/: l?, §<//-p.$ , Receipt No.£e~ Acct. ,/-Z:z _. Flood Letter sent Tit le Re por t RE; C I d 5 ..L-:' ~?-,:3~--::=--__ _ Traverse Sheets Rec'd, ~S· 7 .. Z3 Check Dates No. In Out .----Soils Report Rec' d. W Z ' 9, '7:3 I , ,,~/·T3 S,/B,!?3 Deeds & Exhibits Rec'd .----------------Documents Rec'd --------------------------Future Agreement C.C. SubDiv Agreement-' "".r" C.C. C.C. Agenda Bill&·S,i/3 C.C. City Engineerls Signature. App'd -- 'App1d ~.~ App I d 6 .,,5 • 93 C-,lii, City Clerks Signature C Recorded~1?:_ No. -I I. CHECK PRINTS Date In 5'/:2.2 ·k/.P71' ;&~7Y IMPROVEMENT PL.ANS d . "'f'l Jj$b Date Out 5::/8.7:3 53,~ngineer 1 s Estimate Rec I d O~r/~4L A1~~ Monumentation Letter Rec'd " ~Grading plan Rec I d . ~Drainage Calc'd Rec'd R<.-~ ,'''.':!5.P; ))/) Performance Bond Rec I d R4~d./~~'t'()O "Maint.-Labor Bond RGc'd tf1.-cf ~/~~Duplicate Tracing Recld 6~~P'~3 r:tf:. Other Items Recld 'S(){J Park in IJieu Fee Rec I d Acct. No. /-2..8. .. ---N/4St. Tree Count Rectd ~Fire Byd. Loc. Recld /II#41/9//9/'3 C/,dl.!./IJ,O, Water Charges !;.~c;S /.,/ ~ ;2.! .:5,;Z3; -73 /./4 Sewer Charges t.,J550 ~{-~7C.'--'h" 112~6 st. Light Energy ~J. 6 ,:17 ~ 73 .rllJlltttJt.PlVTAGtJ~ -?'e,/:s St. Signs~.6·"'??'?E> ~ ~uI flt~ . ~--:-'Duplicate Tracing #/?Cf.!..I/'r p~' 1/ ;Zr.1:Z~:.ylan Check I~ee '-1--2=7"3..., /-Z z .4 ~ / 41" ~/6Dlnspection Fee,,:~? 6· :??·9:;-. . ie..GT~ ,;r-II, ~C I R'5~r'~Grading Permit Issued Datei.::?1~ b • f, , ..so' R l:t lans Signed y Cl,ty Engl.neer On ______ .. _OAY~ Survey TJ.cs ,ec (I o;:;t: .. J I re: J rc,~ d YtL ~ a.o.,.J e. -J!:? ec. C) ~ J. ~"" tf wP /? 73 /1 ."f?,e~ JeC..« tJ""."J~v ~ #f ). --• (' _/t:.':J