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HomeMy WebLinkAboutCT 73-24; SEACLIFFS; Tentative Map (CT)Application for Grading Permit' I:,:: CITY OF CARLSBAD ENGINEERING DEPARTMENT 1200 Elm Avenue 438·5541 PE NO. 2~ 81 ~ 'I .. ~------------------------Vali'dation by Finance -..., '" ,. 3~~g¥;rr~~7 =70' a'-l B~I Building Permit Plan Check No. O~OI7'327 3/161 B i:· 570;aO n. -. FOR APPLICANT TO FILL IN .. ~\ Site Address S/O POinsettia.Ave., E/o Interstate 5 ~urety Compf!hY ovenant utua1 Bor1d No. Insurance Co. 0 2128 Legal Description Map No. . Surety Address Carlsbad Tract 73-24 7996 ~ 141 S. Lake Ave., Pasadena~ Ca. 91101 Subdivision Name Date Filed iJ4.aC{ CCfO Rec'd by Carlsbad Lake Community I 3-IO·-?j f R...W!.Y~ I t Owner Phone Cash deposit Rec'd by Date filed Plaza Builders Inc. ( 213) 368-5611 $ Owner's Address I The following documents are required and shalJ become a part I 16800 Devonshire St., Granada Hi11s 9 Ca. 91344 of the grading permit when they are ?pproved. Plans by Civil Engineer R.C.E. ~ Grading plans ~ Specifications Civil Engineers Inc. 14656 , Address Phone (714) X Soil report --Geologic. Report 505 L Fi rst St., Suite G,. Tustin, Ca. 832-4100 ~ Drainage structures --Other Soil Engineer R.C.E. Phone ( 714) ~ Compaction report Woodward-Clyde 21992 224-2911 -I I Grading Contractor Phone ·(714) SPECIAL CONDITIONS WHICH ARE MADE , I Templeton Gradinq & Excavatinq 744-0630 A PART OF THIS PERMIT Address 1. Authorized hours of operation: 1650 Linda Vista Rd., San Marcos, Ca. 7:00 AM to Sunset, Monday -Friday. Party responsible for overall supervision -Edward A. Hamner (213) 368-5611 x 238 2. Haul routes are to be approved by City Engineer. Proposed use of grade site. Condominiums ¥ -- 3. Adequate provisions shall be made for erosion and siltation Number of cubic yards control. Cut Fill Import Waste All slopes shall be planted per City Code. 224, 600cly • 224, 6oocl.y • I 4. . -'-----_. Proposed Schedule of Start Finish 5. All fills to be compacted to at least 90% of optimum Operations (dates) March 1981 May 1981 density unless noted otherwise. I hereby acknowledge that I have read the application and state that the information I have provided is correct and agree to comply with l all City ordinances and State laws regulating excavating and grading, .. . Under City Code Sec. 11.06 170 this grading is: and the provisions and conditions of any permit issued pursuant to .REGULAR GRADING -City inspector will make inspections this application. listed below. Signature of Permittee ~ONTROLLED GRADING -Private grading engineer shaH observe work, coordinate tests, make reports. ~/~~:)k~ INSPECTION DATE INSP. SIGNATURE Owner or authorized agent Initial· site prep. ENVIRONMENTAL CLEARANCE- Date ~/\ UJI tf? , Rough· prior to drains EIA Log No. fi;310B.COMP. BYe-~ .-~.--- "3/4/t;!::>t Final·· slopes planted Grading permit fee $ i?70'££' Plan check fee $ __ Compaction reports rec'd. :~rmit IS(Jt:U{f£~/ 3 -i b-/?I Private engr. cert. rec'd. Date Copies: White-Office; Green-Building; Permit Expiration Date k 1.105. F€tJM ABJVE {YrT6 Yellow-Inspector; Pink-Permittee; Goldenrod-Finance THIS FORM WHEN PROPERLY VALIDATED IS A PERMIT TO DO THE WORK DESCRIBED THIS PERMIT IS VALID FOR A SIX (6) MONTH PERIOD " •• EXECUTED AT .::.,Furil::;:l'Fert=-r=b::.:n~· ._______ California - ( C1 ty) ---'----;(""'S'7"ta-;t-e-r'"} --- DATE. _____ Ma~y~5~,·_1_9_73_· __ ·_·_ .. _·_·_· ___________ __ mINER AND/OR miNER I S AUTHORI ZED AGENT: . jqi{ ing Address) Fullerton~ california (City and State) DAY OF mINI ------~ ) ,1971. i· l, I II I: Ii I { II II Ii " I I I f I i- t ! f I ! I I I I I I I I I r --.lome ,free! ,ddress ity I!. 10to L Nom.,. Stroot ~dren tity & State L CITY OF CARLSBAD ANO WHEN RECORDED MAIL. TO CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD CA 92008 MAtl TAX STATEMENTS TO .J I PACESETTER HOMES, INC. 4540 Campus Drive Newport Beach CA 92660 ) • -'1..' SPACE ABOVE. THIS LINE FOR RECORDER'S USE --- .... DOCUMENTARY TRANSFER TAX $ __ COMPUTED ON FULL VA-:-:LU-;;'-E-;:;o7F 7.pR:::::O;:-;:PE:;:-;RT;:;'Y-;:;C:;':ON""VE::7.y-:::m:-,- __ OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. r.S,g=n~atu~re~o~f~D=ec~13r~an~t7.or~A~ge~nt~d~et~er~m"~n'~ng~·t~ax-.---r.m~ .T0402.1 CA (7.70) I . Quitclaim Deed I THIS FORM FURNISHED BY 'I'ITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which. is hereby acknowledged, CITY OF CARLSBAD hereby RElVlISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to PACESETTER HOMES, INC. the following descrihed real property in the City of Carl sbad state of California: county of San Di ego LOT 17 OF CARLSBAD TRACT NO. 73-24, ACCORDING TO A MAP THEREOF NO. 7996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY Dated ___ . _____ . ___ . ____ ------- STATE OF CALIFOnmA } . ____________ SS, COUNTY OF ----------------------------------- On _ hd,)!'!! me, tlit! uiu\f'r. "-) ~! ... ..... !} o .. ~:f ~~ . 'I.. '., ',. ;~, ... -i. ~ 'J • t . , .f i. , .. ':1 < •• ) .... t. ---" __ ) _I. n » :n r ·en OJ » o _29_ -~~l \ - I I I e I I , I I ,.. - . .. ENGINEERING DEPARTMENT SECURED AGREEMENT TRANSMITTAL • TO: CITY CLERK FROM: ENGINEERING DEPARTMENT AUTHOR I Z ED BY {-' ---¥#£:::!:.~WSLt2~~~-- PROJECT 10 (J:773-Z1, ~G 2.?J/. 52 PROJECT NAME Se~ cit I!' V;l/tl!Je The Engineering Department hereby authorizes secured agreements: the following Action for the below referenced U Security Reduction U Warranty Release ~ Project Completion Release Eff. Secur. Secur. Curnt. Red. Security Type Date Form ID NO. Amt. Amt. (Ba 1 • ) It Faithful Performance Security* '3-/tJ,8/ &1It:! (J12 71Cf. 62'1~ IJtJtJ. 15'/000.00 U Labor and Materials Security** III Monumentation Security cg-/9-81 EmtJ ~/27z! /3, ~()CJ. -0- U Faithful Performance Security* U Labor and Materials Security** tl!;rkd) Lp Grading and Erosion Control Security 2r-2'f~'B/ Bowl 012128 301 tJtJo. -0- U Other (list) Name of Surety: Mail Copy of Release to: ,ekuf tu//cI~ Address: {bf~ 1J/di:uJ MSMana &,"---{l1;h--F'" -,--,,-U(..::...:;...a_· _~---,-h1...:..;..~~' _' __ _ 31 7eciHt:J~ff Or/vI! I ·stdh.. Z(fJO * ** I {/ ;z:'/,v//tL, fA, 92712 c: Yvtlhke -811~' For project completion release -25% of Security to be retained for one year as warranty security For project completion release -100% of bond to be retained for 6 months followi~g recordation of Notice of Completion Prepared by: ~~ UPON APPROVAL PROVIDE COpy TO ENGINEERING WORD PROCESSOR H • • I I"~ .... :.·.I()I-.' GOnGE nO/\D. ~UI1 C 220 : II~ (Ill GO. CALII'Of1NI A 9:> 120 -TE L.(7 \1\) :WO (;992 APpnOVE ~t)c No: F 0859 !):.l.tc: October 22, 1973 App1iccmt: Covington Brothers Project Addl'C3S: Southeast corner of Poinsettia L3.ne and San Diego Freeway in C::lr1sbacl MALCOLM A. LOVE Chnirman WILLIAM A. CflI\V£:N VieD ChJirm.ln JEFFERY D. FflAUTSCIlY nepft,:"scnt,\tivo to the Cu1iforni.l CO~l~t."l1 =70IH~ ConsclVtltion Conlmio:.o;.ion THOMAS A. Cnl\~JOALL Exocutlvo Dirl'CIO( RESOLU'.i.'IO~l A~:?:·:OVJ.?·] Di;;V~:LO~)j·~~;:'f'r P!~RJ.1IT BY 8.t\.N DIEGO COAST R:~~GJON!\L co(·n,rrSSION HearinG d:ttcs of COlillliisslon: 10-5-73 .Considcrj 1\':; proposed dev.elopment _10-:5-73 _._ Approving development PCl'!.'J. t Commission vot.e: FOR 11 AGAmST: 0 ADSTAnUHG: 0 ------------------- RESOLUTION HrfEREAS the S:m Diego C02.st Regional Co:nmission at its duly noticed. and held public hearing considered the Apl)lieD.tion for Do devclop!;}8nt permit on the hereinafter described proposed development: Applied for develoDT!'.cnt descd ntion: -------. (Note: If cii1'i'ere;1t tinn "''l-;:Ol)c;sed development to be approvcdll ) Pr01)(:':'_~d dcvclC:]"t~C'l1t to be 1::p]!rovccl:_ 1'1'Ojcct involves approx:i.matcly 0.97 acres \'rithin the IIPermit Area," of \"Jhich 0.46 acrcs \oJi1l remain in its natural sLate. The remaining 0.51 acres Hill be cleared, including the r01ocGtion of a Vlater b.ne, fil1in~7 and 1and;;caping. l'Jo structures \.,,111 be b-..:.i.lt on the 0.97 acres inyolvcd. This is only a small portion of a lan:;e PI~Ojcctt lllost of \·Jhich is outside of the permit area. "IIIEHEAS}:' m:~;(lLVED th~!.t the Her,ional COllimi~s:i.on finds -Lhe propo;,cc1 clevclopr:lcmt Hill not have any ,sl.l.b---------::L:lllt..i.a.1. Itdv('rsc cllvjronmcntal (J}' ccoloL',l.c::.JJ. effect [(llel is consistent 1·:iti tbe findinc:.; and d(·c.1.al'~l.t:i (·ns ;.ct forth in ::;e:cti 011 ?,'/OOl and CJbjc.~c.:t.i.onD .set forth :Ln Public Hc;.ourcc Code ~;ecU.oll ~~'(:) ~In<l is C:Ol1::;l.stcnt \.:.i t.h e~lch ]l)'()V i {;:i.on and l)ol:i cy of the California Coastal t:Olll! Con:;('l'v:ttio!1 Aet of 19'1~? und sneh n.1Hl L!J0~' arc ba:,;cd OIl tho .follO\d.nG Gpccific filet:;: HI-:~~0LVi·:j) FIIl\'l':n·:I{ that [l D<..!velopl:lc'nt Pdrn:i.l :i.c~uc on the· prppoccd developmcnt subJect 1.0 the \li;l!:ITJ~~"(';\:·f::;rc-;O:) cxc:(!]Jt itJl1~; ~ :mcl lh C' .f01J.o;·,'illi~ rew.;on:t\):J e terH1~ (Llili c on (Ii t ion s : Ilono ~ Note: l'Ot' npcc i~ll :; trd .. u Lor,V PI' (lV .t r.d.on:: Iln<l )1011c.i Cl~ )'C' lev lin t to the IWOPO[; ell cleve.1 Oplill '1\ t; • • . ~:""':"-'O~\ :~r .. ; 4:, • v .... ' 'CAt IF01lNIA -Cj\Llr:()f\~lIl\ CON~TI\L ZONf corJ'~r.I\VI\TION CO~.IMI~;SION RONALD nEI\GAN. Govornor ":' :;=."===~.:::.:~==.:::..:.:=:;;_.:..=::_c.-.:;=::.:.:.:::::"-":':-'::=-=--=":--":' ____ --_. =::::-========= -==-==.:::::...-.--==.=.:::..........--= D!( GO CO(\ST r~[Clor UIL cm,;,";iSS!ON .<1 I.II!;"ION COHGE I\OI\D. SUITe 220 NOli. GO. CALrr-OflNII\ V2120-IEL.(714) 200·G'.J92 :ontroJ. 1'io: ):Lte: \pplicarrt: Pl.'oject Address D F. V E I, 0 F ;·1 E H T F 0859 October 22, 1973 CovinGton Brothers 21.51 E. Or3l1gethorpc l\.ve. Fullcrton1 CA. 920)1 ----------------------- 'Agent: Southco.st corner of Poin$cttio. Lane and the San Diego Free\-lay in the City of C3.l'l~)b3.d. MALCOLM 1\. LOVE Chllirman WILLIAM A. Cfll\VEN Vic ... Ch~irm"n JEFFEfW D. Ffll\UTSCIIY !1cprc,entarivc to tflu C .. liforni;! Co,Hr.,1 ZOl1" Conservation Cornmis,ion THOMAS A. CRANDALL E xocutivo Director You u.re hereby Gr.:mted a develol;Y28nt pe:l.'J:li t. '1'his permit is issued after a hearing kf'orc the San DicGo Coast L{ct:;ional COl~,:,ission (2. COlW of the Her;ioDal Comluission IS l".:!:(!lutio:1 of c:~!)pr()v<l.l., vote, [:...'1d OthCl' lO.DGu<l.Ge, clra,·:inGs and pl'ovisions is included here,·lito). Thl::; l)c:rnut is liI'.l:i.ted to d-:::velopment described belo-I'T and subject to t1").e ll'n::D, conditio:1s, and provisions, hereinafter stated: l'ro,1cct jnvolvcs npprox:!mately 0.97 Del'OS \'lithin the "Permit Area," of Ivhich O.h6 :lCt'l!:; ~;.i.11 X'C:i:l~dn in it.~:; naturoJ. st.atc. The r·0m~J.ning O. 51 ~{cX'e3 ~'Jill be cleared, i l1C It:tl LnG t.!w relocation of a ',.rater lin01 fiD.in£;} Dnd landscaping. No structures \·:i l~. \)'J bnJ.lt oD; th0 O. )l'i acre:? invC{lvcd. 'l'h~s is only a small portion of a large }"!'L),Jl;CG, most o.:!. :':!nch 1.S out::ndc 01 tho pertm.t area. ( H. 'JTi{:·:.; /\i'Jl) CO;J!:)}:'L'JO=rS: 1. That trw [l"?plic.:JJ1t eE1'ceS to adhere strictly to the current plans £or the proj ect us subm.i. t ted to th~ Cornnlis sion. 2. 'l'hat the appl:i.c1.llt "Grees to notify the Cowmission of any substantial chanGcs in thc })}'oj oct. 3. That thc apl)lici.:.nt \·;iJ.:L mcct all the local code requirements and orclir12.nces. )1. 'J'ilfti thc! upplic:lnt [:~.rces to conform to thc l)(!):mit rules a.nd TCl}ul<:!.tions of the CallL'Ol.'ni.a Coastal Zone Conscrv~:.t..ion CO!tl::1:L~;s:i.on. '1'lJ~LL tlJe ::.ppJ.ic.:tnt [:[~rccs that tiJc CO!!l!uissi.on sto.ff may make site inspections of thc! pro;j l!ct durin£: cons truction und upon c (ll!lpJ:Ct. ion , :'.~ r" . ··n·! ('(1!1.1 i L i O!l:: r:re t,() l".l!1 ·,·;:i.tl! ~,:',-:, l:tnd. ~'hcDe tCl'J:lS and conditions s11o.11 llc ). !'j ·~-·:'·1-1-7·-:!:!··-CC-I.7;-lX;:;-illt-:-;:I':';-;-l-;r titt..:D:l-rti.l:s to bind :.l.J)' future o;,;w),s and posDc~;r:ors (r t!," .:uL"j..:c:t.. P)'qlCl'ty C:XC·\·,:,.\'C ill the 1'oJlo'dinc; V:LrtiC\il:.tl'.s: I I t f , I . , . i I .' . • /'lWVISlO:';S :' /,/\','p.\I:P (1) STl:TCT C:O;,!l'I.l/\;:~[: Pen:littec is under oblir,ation to conform sTrrt·-Ci);-t:t~J;Cn:irt uadcr pcn:ll ti cs c.st<lbli~;hC'cl by California Coastal Zone Con~cr\,;ltion Act of 1972. (2) (3) '1'1 VELY nEVEIOI':,lG':T N~i) i\OTICE OF CO;,!pI.ETrm:: Pc:rmi ttee shall cOl::::£iH.:C de\:(;-rZ;i)::~Jlt in a UI:',el), li,:1I111cr allJ cOI::plctc in a nasol1;1b 1 c tj I::C. Upon compl ct ion of the dcvclopl:!cnt, PCTI!1i ttee shall proq)t1)' fil c \.;i th COl:1:ni55) on a ";\otice of COli:pletion. II ASSJC;~:MnLJTY or-;'EP:·\TT: TIlis pcn;)it is not assignable unless thc-fenillt.-tcc's-o~)iTg-Zll:io;1s under the pcrr:lit are assumed by as~j[:ncc in \{l'jtil~r" and (J copy of assur.'ption agrccr.lcnt de- livered to l~c[;jon;}l COl:<!!1ission • . (1\) APPJ:!\l,: Unless appca)e:u to the State COJ:!Hlission \I'ithin ten cnTf,(Il),s follmo'in£; finol action by the S:m Diego Const Regional Con:mi ssion J all te1'T.1S and conditions shall be final. (5) DrSCLl\I:'~ER: 111is perni t is in no \,;ay i11tcncled to effect the ),'il}lts~nJ obli[:Cttions heretofore ('xistinr, under private agree- Jncnts nor to cffC!ct the existing regulations of other public bodies. (6) PEI::I·HTTEE TO RET111~~~ COPY: 111i5 pcrlni t SIFll1 not be valid unless ',l'itilll1 tcn-THJ)-(T~)'s i'cJ:)Jittce returns a si2ncd cop)' acknowledging contents to San Diego Coast Regional COJ!1raission. l r )'{1\} ),:l\,(' ~\:1)' question on ~n)' of thcsl.! .watters, please contact the staff (,f flit' I~(:l:j Ollid. Co;;.mission. Vcry tl'ul)' )'OUr5 I Thomas A. Crc11ldall J Executive Director San Di cpo'~£OiJst RC[,ional Commission -----" '. ,</ 'a /) /JI/ ---", / r V //.; 15)' ?<'-:":~~~..-(7 O. ......-"\-·~~0t.: ... ~\. " --------------------- - --- lJin'Cli('ll'; t(l h')'nittC'c: IJ C1'1:1ittcc'is to execute bcloh' Cllldl'(:tUl'l1 one copy (;'("'i'jl(:;"l')-l'~~:;J-t"-t-otJle -Sail Diego Coast Reeional COI;:rnissiol1. 111:1\'\' )'<':lt1 <111d llllde)'st<1nd the terms, conditions, limltntions, and provisions (If t J)i!~ p('),);lit :llld :Itl'(:e to (lbj de b), them. .... ® • .' .... i2i~i'J ELM AVENuE TELEPHONE: (714) 729·1181 (o'ARLSBAD, C:ALlFORNIA 92008 (!titp (If (!,adfJb~ib April 22, 1974 ' ~acific Telephon~ 4220 Arizona Rm 206 San Diego, CA'92104 REPI,Y REQUESTED. Attn: L. Culey Gentlemen: FIRST UTILITY NOTICE FOR PROPOSED CASH CONTRAC'l' OR CITY IMPROVEr1ENT Under _private contract 'l,ve are pr'oposing the improvement of CT 73-24 east of I-5 and Xx~ south of Poinsettia Lane ±m -. .m:xmIXXX:k~Xlx:k:k}tXiX:k .....,... _______ --,-__ --,-__ --=-_-__ ' __ , ~ Preliminary plans attached. o Revised preliminary plans attached .. ROllDBED MAY BI~ SCARIFIED 6 11 BELOW SUBGRI~DE LINE AS SHOWN ON TYPICAL SECTION OE' PLAN. DO NOT proceed with arty relbcat'ion work until you receive further notice. Tentative Bid Date: ASAP ----....,....-- Right of Way: o Existing IX] To be acquired by Ci"""t .... y..,.. __ ......... _ For further information contact 129-11~ , ext. 35. Please fil:1 out the following and return the original to the City 'of Carlsbad Engineering Depart,ment, at the above address t"vithin 30 <l~,:D~ .. ' fJ 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 within 30 days. o No facill ties vli thin the lim:i,. ts of the proposed proj ect. D We have facilities wi thin the limits of the propc,sed proj ect:. LIST BELOW SIZE & TYPE EVEN IF NOT AFFECTED AT THIS TIME. o Our work 'Vli11 require coordination with the general contractor. (Explain fully be loy,;' or by attachment.) , D Ne have facilities t.hat i'd.ll be affected within the proposed project and/or \',1ork to perform. R E eEL V ED (l) The following work is contemplated. (2) Estimated working days to perform the con"i1~,J(.4JaM work (3 ) , CITY O.F CARLSBAD. Construct.ion. vmrk can be started _~ng~ermg:if1epaftnrlrifPt of second n.otice. Very truly yours, 0, TIM FLANAGAN City E~gineer By It . /~ T1~-.=-/-r~---~--,----rrojcict Engineer/de l 1200 'ELM AVENUI: 'CARLSBAD, ,CALIFORNIA 920,08 ,({itpof Qta·ds>uab AU,gust 7r ,1974 SDG&E: ATTENTION:' Larry ,Kelly , Pacific Telephone Co.: J. P. 'Snodgrass REPLY REQUESTED Geritlemen~ SECOND UTILITY NOTICE FOR CASH CONTRACT OR CITY IMPROVEMENT , i TELEPHONE: (714) 7.29-1i81 ' Underprtvate contraGt we a+.e, proposing the improvement of cr 73-2'4 East of ,1-5 and South >f;.t~l'nX of Poinsettia' Lane ,~~ *~x:truexmU;~;of ------~~~--~- First utiiity notice and preliminary plans were sent to YOll on Apri 1.. 22, 1,9]4 ~ Signed plans attached. DRevised signed plans attached. Bids will be opened. approximately ASAP ----~~----~--~----~--~----- Right of Way: o Existing· .r] To' be acquired by City, If you have facilities which interfere with or ai,fect the above work, you are requested to make such repairs, irH?tallations, or changes as may be necessary prior to the hid date. However, facilities for which you have prior rights should be relocated uponrec,eipt of our Departmental Expenditure qrder. ' . After completion ot contract; pavement may not be cut earlier than two ye~rs except for an emergency. ' For-further information contact_.l-7":::2..::.9,,...-...:.1...:.1..;::8:-.1_' __________ -, ext. 35. COMPANY TO SIGN ORIGINAL AND RETURN o Additional work to our facilities are required since' our advising' you on,the first utility noti~e. {explain fully) Rel,ocation work starting date Very truly yours" By ______ ~~~--__ ~~~ __ Rene Munar Ci~il Engineering As~lstant --~~---~~------~--~~-- Re Ioca tion wo rk compl etion da te _________ ......--__________ ---.,__,.-----. COMPA-NY TELEPHONE' By Date .. :.:; . ~, .. . DECLARATION OF ~ 'W COVENANTS, CONDITIONS AND RESTRICTIO~S (TRACT NO. 73-24') • THIS DECLARATIO~ OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this _________ . day of -------------------.; 197_, by COVINGTON BROTHERS, a California corporation (ltDeclarant"). R E CIT A L S: Declarant is the o">Vner of certain real property in the City of Carlsbad, County of San Diego, State of California, known as Lots through f inclusive of Tract No~ 73~24 (here----- inafter referred to as. the "Properties") u. as per map recorded in Book ___ , pages __ through __ , inclusive, of Hiscellaneous Haps' in" ~.:he Of.fic,~ cf. th0 Cou.nty I~ccorder of San Diego County~ In order to establish a general plan for the improvement and development of the Properties, Declarant desires to subject the Properties to certain conditions, covenants and r~strictions, upon and subject to 'Vlhich all of the Properties shall be held I impJ:oved and conveyed. NOH,. THEREFOR;:;, Declarant hereby declares that all of the Properties described as said Tract No. 73-24 shall be held r sold and conveyed subject to the following easements, restrictions, covcnants and conditions: I •• 1.· 'rhc tCDn "PJ.."opcr.ti~s" as uS.ed herein ( shall mean atlcl. :(0.(,)~ to that cc:r.ta:i.n r.c.:tl pr.opc:r.ty hcr.cinbc'foX"(~ described I . ; • and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 2. The term "lotH as used herein, shall mean and refer to any plet ef land s11m-m upon any reco.rded subdi visien map of the Properties with the exception of the Cemmen Area. 3. The term "Common Area" as used herein, shall mean and refer to all real property ot'lned by the Association for the common use and enjoyment of the ewners. The Common Area to. be o'\vned by the Associatien at the time ef the convey- ance of the firs~t lot is described as follows: Let of Tract No. 73-24 as per map recorded in Book ___ , page through _, inclusive, of Niscellaneous Haps, in the Office of the County Recorder of San Diego, Califo~nia. 4. The term "cevenants" as used herein, shall mean and refer collectively to tho coveriants, conditions, restrictions, reservations, ease~8ntsl liens and charges imposed by or expressed in this Declaration. 5. The terra "O'i'mer" as used herein,. shall mean and refer to the record owner, whether ene or mere persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 6. 'l'he term "Association" as used herein, shall mean and refer to CARLSBAD Ll\.l~E COi·E·1UNI'l'Y lIOnEOHNERS ASSOCIATION/, a nonprofit corporation, its successors and assigns. 7 . Th(~ term "Board of Directors" or II Board II as used llerein, shall moan and refer to thc duly elected Board of .Directors of the Association. e., r.1'110 tenn the "Declarant II as used hc):'cin, shall mean ';11,\(1 )"0f01" to COVJNG'l'OH DEO'l'lII~nS, its successors und assigns if· -2- • such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. II NATURE AND PURPOSE OF COVENANTS The coven~nts, conditions and restrictions set forth in this Declaration constitute a general scheme for the development, protection and maintenance of the Properties to enhance the value, desirability and attractiveness of the lots and Common Area for the benefit of all O\'lners of lots therein. These covenants,. 0 re- strictions and conditions are imposed upon Declarant and upon the ~'lners of all lots. Said covenant~, conditions and restrictions are for the benefit of all lots, and shall bind the Ovmers of all such lots. Such covenants, conditions and restrictions shall be a burden upon and a benefit to not only the original O\"mer of each lot but also his successors and assigns. All such covenants T conditiops and restricticins are intended as and are hereby declared to be covenants running with the land or equitable servitudes upon the land, as the case may be. III USE OF RESIDE~oJTIAL LOTS AND CO]"I:"~m'.J AREA 1. Each lot within the Properties, except for the Common Area., shall be improved, used and occupied only for private residential purposes. 2. Dogs, cats or usual and ordinary household pets may be kept in any dwelling unit upon a lot, as may be p~rmitted by rules adopt.ed by the Board of Directors. Except as her0.inllbove '.,. provided, nooanimnls, livestock, birds or poultry shall be brought "li thin the Properties or kept on. a.ny lot thereof. -3- • • ..... _. • _ ... "__ • -~. ~ .. -••• =;J..'-.f.-~.:;.!: , 3. No part of the Properties shall ever be used or caused to be used for any business, commerc~al, manufacturing, mercantile, storing, vending or such other non-residential purposes, except Declarant, its successors or assigns, and the owners of any tract annexed pursuant to Article XIII hereof, may use the Properties for a model horne site, and display and sales office during the con~ struction and sales period. 4. Signs shall not be'permitted other than those complying wi th local' la\'ls and' regulations • .5. No structure of a temporary character, trailer, base- ment, tent, shack, garage, ba~n or other out-building shall be used . on any lot a·t any time as a residence, either temporarily or permanently. No trailer, camper, boat, truck larger than a three- quarter (3/4) ton pickup, or similar equipment shall be permitted to remain upon any property Hithin the Properties E unless placed or maintained within an enclosed garage. 6. No oil drilling, oil develop~ent operations, oil refining, quarrying, or mining opeiations of any kind shall be permitted upon or in any lot, nor shall oil "'Tells, tanks, tunnel's, or mineral excavations or shafts be permitted upon the surface of any lot or ~.;i thin five hundred (500) feet belm.., the surface of the Proprties. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected r maintained or per- mittcd upon any lot. 7. All rubbish, trash and garbage shall be regularly removed from the Properties, and shall not be allm'lcd to accumulate thereon. All clothes linc:s I refuse containers r \voodpiles, storage areas and machinery and equipment shall be prohi})itcd upo~ any lot, . unlcss ohscurcd from view of adjoining lots and strc~ts, by a fence or ';;,'propria te screen. -4- ... ~~ ~""'~""';_"" ____ """''''-'''''''_''': __ '''''''''''"'''''''' __ ' _____ Vf'oO''._''''''''''''_4I!fJW...,...,...,~ftf'Jt.'n.","" .... )trI.~'\ .... r, "U.'O(WIlf;.,r.JJ-iJI'"....-...~·"t't*'fl. .. wr'!~~.l"!: ... ·'~~-I'A--tr..,..n-".'Y's'¥-t"'~"..'. ""f~t':."..~"'~.~:~ .. ~=, -;,... • ~,.".. ... . ~ . All.. • B. No O\·mer of ilny lot wi thin the Properties shall be pc~mittcd to construct external radio and/or television antennas or external air conditioning units or eVilporativc coolers which are mounted on or extend above the roof of any dt.,elling unit ,.,ithin the Properties. 9. The use of Common Area parking facilities shall be in accordance with rules and regulations adopted by the Board of Directors, and unless and except as such rules and regulations may specifically otherwise provide, Common Area parking facilities shall not be used for ~arking in excess of two (2) hours of any boat, camper or truck. 10. The Common Area shall be maintained in an attrac- tive and safe manner suitable to the full enjoyment of the open / .. ~ _______ .s_~a?es and all improvements located thereon. 11.. No s\'limming or "lading shall be allowed in the artificial lake located on the·Conunon. Area, and no boats or other floatation device shall he allowed on the artificial lake except for those boats "lhich are o'lmcd and maintained by the Assoc;;:iation for the Association's use and pleasure. IV PROPEHTY RIGHTS 1. Every Or.-lner shall have a right and easement of enjoyment in and to the Cornmon Area and such easement shall be appurtenant to and shall pass Wi~l the title to every lot, subject to the follm-ling provisions:' (al The ~ight of the Association to limit the nu~)cr of guests of members; (b) The right of the Association, in accordance " \-li th its Articles and Dy-Lm..;s t to borro\-! nl0ncy fOl~ -the purpose of iHtproving the Common A:rea. :-5- -I . I . ·.,:,,:g,~.iii<fi • • (c) Th~ r~ght of the ~ssociation to suspend the voting rights of any ~Yner for any period during which a~. assess- ment against such Owner's lot remains unpaid; and for a period not to exceed thirty (30) days after notice and hearing for any infraction of its published rules and regulations; and (d) The right of the Association to dedicate or transfer all or any part of the Common Area to any. public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument .has been signed by the Secretary of the Association certifying that such dedication, sale or transfer has been approved by tHO- thirds (2/3) of the voting pmler of both classes of members. -2. Any O\'r'ner nay delegate t in accordance with the By-Lm-ls, his right of enjoynent to the Common Area to the members of his family, his tenants, or contract purchasers ,·,ho· reside on his lot. v J.llHBERSHIP AND VOTING RIGHTS 1. Every O\·mer of a ~~t "lhich is subject to· assessment shall be a member of t.~e Association. Herr.bership shall be appurtenant to and I:!ay not be separated from O\vnership of any lot which is subject to assessment. 2. The iissociation shall have tHO (2) clas'ses of voting membership: Class 1\. Class A members shall be nIl O\·mers ,·lith Ule exception of Declarant and shall be entitled to one (1) " vote for each lot. mmed. Hhcn mo:ce tlian one p<;-rr.;on holds an interest in "-ny lot, all such persons s11,,-11 be' entitled to all -G- • rights and privileges of membership. The vote for such lot shall be exercised as its Owners collectively determine, but in no event shall more than one vote be cast \>li th respect to any lot. Class B. The Class B member shall be the Declarant and shall be entitled to three (3) votes for each lot Q\·med., The Class B membership shall cast· and be converted to Class A member- ship on the happening of either of the follmving events, \.,hichever occurs earlier: ra) At such time as the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) On Harch 1, 1977 $ VI COVENANT FOR l,1AINTEW\NCE ASSESSHENTS 1. Declarant, for each lot owned within the Properties her~by covenants, and each Owner of any lot by acceptance of a deed therefor! 'Idhether or not it shall be so expressed in such deed I is deemed to covenant and agree to pay to the Ass?ciation: (1) regular assessments or charges, and' (2) special assessments for capital improvements, such assessments ,to be established and collected as hereinafter provided. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such lot at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to such person's succ~ssors in title unless c}:prcssly a;~sumed by them. "'., 2.' Until JanuLlry 1 of the ,year immediatp.ly foll~Hing the conveyance of the first lot to an Owner, thp. maximum monthly . _ ... · .. ·-·-------.v ----~ .... -----..... ---..... -... --........... . regular assessment shall be . -Dollars ($ _. ) per lot per month. -----------------------------The aggregate regular assessments shall not be increased more than ten percent (10%) over the preceding year's aggregate regular assessments \·lithout the vote or \\'ritten consent of fifty-one percent (51~) of each class of members. The Board of Directors may fix the,monthly assessment at an amount not in excess of the maximum. 3. .' Xn addition to the regular monthly assess- ments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying I in "lhole or in part, the cost of any construction, reconstruetion, repair or replace- ment of a capital improvement upon the Cor-unon Area F including fixtures and personal property re~ated thereto, provided that any such assessment shall have the vote or Hrittcn assent of fifty-one percent (51 ~) of each class of Inembers. Provided further that ariy such assessment in excess of One Thousand Dollars ($1,000.00) shall be approved by the vote or ",.;ritten assent of fifty-onc-percent (5l%) of the voting pOHcr of the Association excluding the voting p0-Vler of the Declarant .. 4. Any a'ction authorized under Paragraph 2 or 3 -shall be taken at a meeting called for that -purpose, v}ritten notice of 'dhich sDa.ll be sent to all ?1cmbers not less than thirty (30) 'days nor more-than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes CC'l~>t at such meeting I but such vote is less than -------the requisite fifty-onc percent (5l~) of each class of Neniliers, Members \·)ho \·;ere not prefjent in person or by proxy lnay give their assent in Hri.ting I provided the scHr.C i.s obtilincd by the apP.l:opriatc officers of the J\s~ocii:.l,tion not later them ,thirty (30) days from the date of such mcctinq. -0·· ® 5. Doth regular and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis, or on suc~other periods as may be established by the Doard. 6. The regular assessments provided for herein shall commence as to all lots ';1i thin the Properties (inclu-di'ng those lots owned by Declarant) or in any additional property annexed hereto pur- suant to Article XIII on the first day of the month follm-:!ng the conveyance of the first lot by Declarant to an Ovrner.. Provided, hm'lever, that the As'sociation, by a majority vote of its Board, may extend the conwencement date of the regular assessments on the Pro- perties or any sub~equent property annexed to the Association until sixty percent (60%) of the lots within the Properties (or any $ubse- quent phase) have been sold, if Declarant t by a \-lritten ag'reement '>-lith . the Association, cornmits to maintain the Con:unon Area in a good \'lork- manlike condition. At least thirty (30) days prior to January I of each year, the Board of Directors of the Association shall estimate the total charges to be assessed against the Project and to be ex- pehded by the Association during the succeeding year, which shall constitute the maintenance fund. The estimat.ed amount required for' the maintenance fund shall constitute the aggregate regular assess- ments for the year. Written notice of the aggregate regular assessments shall be established by the Board of Directorso All regular and special assessments levied upon any lot shall constitute a debt of the Owner of such lot at the due dates of the assessment and shall be promptly paid. VII NON-PAYMENT or ASSESSMENTS 1. Delinguency. Any assessment provided for in this Declaration, which is not pai~ when due, shall be delin~uent. With -. respect to each assessment not paid within fifteen (15) days after -its due date, the Association may r at its election, require the O\~·n8r to pay i.l. "lu.tc C11("11-90" in a !:;um to be c1ct.ennined by the A.ssociation t but not to excecd $10.00 per each c1clirKjuent assessment{ 'plu~; intercst nt. the r':lLe of t:on pel'cent (lOt) per allnUI:t on such at;~jc!";sJnent. -9- , ' • .". t" 2. Creation of Lien. The amount of all delinquent regular and special assessments plus. interest thereon and any expenses reasonably incurred in collecting and/or enforcing such assessments, including reasonable attorney's fees, shall be and become a lien upon the lot so assessed, which shall attach to the lot as of the time the Association causes to be recorded in the office of the County'Recorder of San Diego County, CaliforniaF a Notice of Assessment Lien t which shall state: i. the amount of the dc'linquent assessment . and su~h related charges as may be authorized by this Declaration; ii. the name of the O\·mer of record or reputed O'\vner of the loti iii. a description of the lot against \vhich the lien has 'been assessed. The Hotice shall be signed by holO officers of the Association. The assessment lien shall also be deemed to secure all of the foregoing items \'lhiyh shall become due and/or incurred relative to the lot after the recordation of the Notice of Assessment'Lien until the completion of the enforcement of the lien or the payment of the full amount secured by the lien, or at-her satisfaction to be made in connection therewith. No proceeding or action shall be instituted to foreclose the licn until notice of intention to proceed to foreclose the lien has been deli vercd by the l\.ssociation to the Ovmer of the lot affected by the lien ilt least thirty (30) days prior to the co~nencement of any such action or proceeding. The assessment lien may be enforced by judicial foreclosure; provided, however, that said method of enforcement shall not be exclusive but shall bc~in addition to any othel' rights or remedies which tile O\vners or the l\.ssocio.tion may have by la\v or. othC.!H.'isc. '1'h0. l\~:;f;ociation shilll also have the -10~ _. -.~----.-.~---.-~-----.-..... --------.~ " right to bid at any such foreclosure sale and to hold, lease, mortgage and convey. s';lch lot 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 Associa- tion shall cause to be recorded a notice setting forth the fact of such payment and/or satisfaction and o~ the release of the assessment lien. Any assessment lien as to any lot shall at all times be subject and subordina'te to any mortgage or deed of trust on the lot which is croated in good faith and for valup. and v7hich is recorded prior to the date of recordation of the assessment lien. In the event any assessment lien is destroyed by reason of the foreclosure of any prior mortgage or deed of trust on a lot, the interest in the lot of the purchaser at the foreclosure sale may: be subjected to a lien to secure assessments levied on the lot in the same manner as provided above in this Article. default for which a notice of claims or lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment of the defaulting Owner, of a fee to be determined by the Association, but not. to exceed Fifteen Dollars ($15.00) to cover the costs of preparing and filing or recording such release, together with the payment of such other costs, interest or fees as shall have be~n iricurrod. ~. Cumulative Remedies. The assessment lien and the rights to judicial foreclosure thereunder shall be in addition to and not in SUbstitution for all ot.her rights and remedies which the ') . Association and its assigns may have hereunder and ~y law, including a suit to recover a money judgment for unpaid assessments, as above provided. -11- , 5. Mortgage Protection Clause. No breach of the covenants, conditions or r.?s~r.ictions herein contained, nor any lien created hereby, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and fo~ value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is deprived through foreclosure or trustee's sale, or otherwise. VIII . ---------. HANAGEHENT 1. All pmvers relating to management, operation and I maintenance of the Cor.unon Area I as \'7ell as certain rights, duties and pm.,ers relating to the lots, as hereinafter set forth, shall be vested ill the Association. 2. The specific and primary purposes and pm-lers of the Association arc to myn, I~anage and maintain the Cornman Area, provide recreational activities' for the members, foster and support community activities of the merr:bers, and the enforcement of the provisions set forth in this Declaration of Covenants, Conditions and Restrictions, and the Association Articles and By-Lm1S. 3. The Association shall have the right and power to cmploy or engage a r;-;anager Clnd other employees or agent:s and contract for such services, labor and materials as it may deem reasonably necessary to operate and maintain the COl,unon Area ond the improvements thereon and to discharge its other duties as heroin pl=ovic1ed. Any rnanaqer r agent or employee selected prior to the first Cll1nuul election shall be employed to manage " or \'lO:ck only until t.he first annual election 1 after ini tial orguniza tioll l at \"hich time the continuunce of the S'-lme or the selection of a ne\-! mannger or <lgcnt ~;h(1ll be: dc!t:err.1iilCo by tho Dou.rd of Dirccto)=s clec ted (It the firf'; t annual election. 1\11 -12- ._. ----.. --~--~-------..-~,.--...... ~ .- " a 8 contracts of the As.iation shall be limi ted _ duration for n pc~iod of not more thun one (1) yeur unless they contain rea- sonable cancellation provisions or have been approved by a vote of a majority of each class of Hcmbers of the Association. 4. In addition to the duties "and pO\'1ers 'enumerated in its Articles of Incorporation and ny-laVls, or elsewhere provided for he"rein, and without limiting the generality thereof, the Association shal.!: ,(a) Haintain the Corrunon Area and any improve- ments thereon (including landscaping, furnishings and equipment related thereto) in a good, clean, attractive and sanitary order and repair~ (b) Haintain the roofs of dHellings and garages 5i tuated on the lots I including any necess,ary replacement or repair thereof. {c) Repaint the exterior surfaces of dwellings, garages and fencing situated on the lots and Common Area, as such repainting is required in order to preserve 818 attractive- ness of the Prop~rties. Such exterior maintenance shall not include glass surfaces. Cd) Keep and maintain adequate fire and public 'liability insurance on all improvements located within the Common Area .. (e) Have the authority to obtain, for the benefit of all of the Common Areas, water, gas and electric service and refuse collection. (f) Maintain those portions of lots not occupied by a c1\-Jclling except for enclosed private pcJ.tio areas and enclosed entry courts. (g) Pay the taxes and a!]sessments ,-,hich are or could 'become D.. lien on t~he Common 1\rcD.. or some portiC?n .thereof. 5. '1'hc Association shall adopt reasonable rules relating to tho use of the Common 1\rea and any improvcmr~nts thereon. 1\ copy -13- • of such rules i1nd of all amendments thereto shall be mailed to each" Owner of a lot, and a copy shall be posted in one or more placed on the Common Area where the same may be conveniently inspected. " .. .... -~ .... ~-:.:"'~ 60 The Association may do any and all other acts and things that a nonprofit corporation is empowered to do, which may be necessary, convenient or desirable in the admi~is­ tration of its affairs for the specific and primary purposes and meet its "duties as herein set forth. 7. The Association, through its Board of Dire~tors, shall have the authority to delegate its J?owers to committees, officers of the l>.ssociation .or its employees • . , IX" TITLE TO CONNON AREA The Declarant hereby covenants for itself, its heirs and assigns, thClt it ,.,ill convey fee simple title to the Common "Area to the Association, free and clear of all cncumbrClnces and liens, except for the lien of this Declaration, prior to the conveyance of the first lot in the Prop0rties. 1. This Declaration of Covenants, Conditions and Restrictions shall be subject to all casements heretofore or hereafter granted by the Declarant or its successors and assigns for the instv.lJ.a tion 2nd maintenance of utili tics and drainas.Tc facilities that are reasonably necessary to the develop~ent of the Propcrtieso -l~ .. .. 2. Easements through the Properties for installatioll. and maintenance of utilities and drainage facilities are reserved as shO\-ln on the Tract map of the. Properties. Uithin these easements no structure, planting, or other material shall be _ placed or permitted to remain which may damage or interfere vlith the installation and maintenan'ce of these facilities, or which may change the direction of floH of drainage chann~ls in the easements, or. which may obstruct or retard the £10'Vl of \-later through drainage channels in the easements • ...... ...... .... 3. Sio2e control areas within the Properties have been established by Declarant as a part of the original improvement of the Properties. Within these slope control areas no structure I planting, or other material shall be placed or permitted to remain or other 'activitie/s undertaken which may damage or interfere \'Ti th established. slope ratios I create erosion or sliding problems, or 'Hhich may change· the direction of flmy of drainage channels' or obstruct or retard the flo\'1 of "later through drainage channels. The slope control areas of the Common Area and all iIL'.provements . in them shall be maintained continuously-by the Association, except for those improvencnts for which a public authority or utility company is responsible. 4 •. Easements over lots that are required in order that the Association may carry out its duties and pOyl(~rs as set forth in Article hereof arc reserved by Declarant, its -- successors and assigns r for the benefit of the Associcttione s. The rights <1nc1 duties of the O\-lncrs of the lots 'Hi-t.hin the Properties \-,i·t::11 ).:'cspect to s<:lnit<:lry 8m'lcr and 'ldater( electricity I gns and tclephone and ClI.TV lines and drainage facilities shall bc governed by the following: (a) Wherqvcr sanitary sewer house conncctions and/or \-mtcr house connections Ol':-el(~ctrici ty I gas I or. t:elcplwl1e and CATV lines 0): draina<Jc facili ties are in!;ti1llcc1 \-1i thin the Properties,. :which connections, Ii. or fucili tics I or any '~t:ion t.hereof I lie, in or upon lots o\vneu by other thun the Owner of a lot served by said connections, lines or facilities, the Owner of cae]1 lot served by said connections shull have the right, and ~s hereby granted ari easement to the full extent ncce~sary.'~herefor, to enter upon the lots' or to have utility comp.unies enter upon the lots within. the Properties in or upon which s~id connections, lines or facilities, or any portion thereof, lie, to repair, replace and generally maintain said connc'c- tions as and Hhen the same may be necessary as set. forth bcdm,·l. (h) l'1herever sanitary se\ver house connections and/or water house connections or electricity, gas. or telephone and CATV ~ines or drainage facilities are installed within the Properties T . which connections 'serve more than one. lot, the OHner of each lot served by said connections shall be entitled to the full use and enjoyment of such portions of said connections as service his lot~ 6. Each lot and its O\-lner vIi thin the Properties is hereby'. declared to have an easement, anci the same is hereby granted by Declarant, over all adjoining lots and COrnr.lon A.rea for :the pur- pose of accoITUl1oc1ating al)y encroachment due to engineering errors,. errorS in original construction,' settlement or shifting of the building I or any other cause. There shall be easerr.ents for. . . the maintenance of said encroachr.lent, settling or shifting i provided, however, that in no event shall an casement for encroachment be created in favor of an O"mer or Owners if said encroachment occurred due to '-1illful misconduct of said OHner or O\"mers. In the event. a structure on any lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each lot agree that rainor encroachments over D-dj oining lots r;hall bc pCXT.1i t:tec1 nnd there shall be eaSCr.1ents for the maintenance of said encroachments so long as Uley shall exist. In addition; eLl.ch lot "li thin the rropertics is hereby declared to hD-ve 'an easement for overh~U1ging roofs nnc.1 caves as originally constructed over cuch Qc1j oining lot <:tnc1/or the CQJ.:l.1on Area and for the 111.:1 in tenan ce thex·eof. Bueh of the casement~; hc:}~c:i.nu.bovc rcfC:l~rcd 1.:0 ~;hall -lG- . -•.. - -b' ----~ . ---------.. {;, .---.... ~ ...... ---.---•• 1 • be deemed to be established upon the recordation of this Dec- laration and shall be appurtenant to .the lot being serviced and shall pass 'with each conveyance of said lot. 7. Each lot and its Owner "toJithin the Properties is hereby declared to have an easement and right of ingress and egress over the adjoining lot for the purpose of providing access to the mailbox in the event that the mailbox for any particular lot is located on the adjoining lot. This easement of ingress and egress shall not be exercised so as to unreasonably interfere the adjoining lot Owner in the.use of his lot. -:::'~~--"---':-:7':=-.No. ___ _ ,XI . C01-1HON DRIVEI'71'l.Y EASE!IjENTS 1. Each driveway which is built as a part of the original construction by Declarant upon lots _ .. _________________ __ and ""lhich dri ve\Vays are located II on a lot line" of the above enumerated lots shall constitute P?trty or conunon driveways. The term lion a lot line" means any driveway \'lhich is physically located substantially parallel to and within twelve (12) inches of a lot line, it beinq the intention of this Dec- laration to constitute the driveways beb . ..,een lots as party driveways whether they are physically located wholly on the lot of one Owner, or on the boundary line and jointly on both lots. 2. Each party driv~way or portion thereof shall be owned by the Owner of the lot on Wllich the driveway or por~ion thoreof: is located. Nohli thstnncHng the o~.,rnership of the purty driveways, all driveways of the type definod herein as party driveways shall constitute party driveways in which tllG adjoining O\'lDcrs shall hClvc tho riCjhb:; I benefits,. burdons ('lnd obligations provided heH~i.n. -17- • . . 3. The.O\,lr of cilch lot upon Hhi'. there i" loen ted n .party drivcHuY on the lot l.ine uS defined abO\1C shnll havc n . r~6iprocal non-exclusive casement for ingress and egress over that por~ion of the party drivcwuy located on the adjoining lot. Invitees s _._: .. licensees, . lessees und 9ucsts of an O\'!ner shall have the ·right. to • . - • usc the cor.mon drivc\'lays "lhich are a part .of, such. C\-1nc~1 slot, provided 1 hm·:ever., such right of ingress and egress sl:c::ll be . exercised \·rithout unreasonable interfcre!"!ce "lith the adjbinir~g Owner's reasonnbl~ usc and cnjoyncnt o~ his lot • . 4.. If' any party dr i vc\·:a~r ( or portion therco:: t is dmnagcc1 or destroyed through the act of 'an O\'Jner -.. lhose lot aC!joins such. drivC\·;ay or'~y any of his f~ily I guests or agcn·ts, h:he"t~cr . or not such ~ct is negligent or other\·:ise culpa..l:>le), so as· t.o deprive the other ad.joir:ing O\·;ncr or O;·}ncrs of the full use and enjoyment of such drivew~YI then the first of th~ ~£ore~ectione~ Owners shall forthwith proceed to rebuild an~ repair the sa~e to as good cond~ti6n as for~erly exis~edr w~thorit cost to the «0)05.n5.n9 O\·.'ner or O\·:ners. . or destroyed .by some cnuse {5.ncluc.in~i ordinCl::Y \'le<:~r and i.:C'-!l: (:;;}c1 deteriorn~ion fro~ lapse of ti~e), other than the ~ct of o~ci o~ the ncijoin~ng lot O\·mcrs r his Clgents I guests or f(l;:lily I all O',::.-;crs \-lhose lots Cldjoin sucb drivc\';ny shall proceed forth·~·:i th to rebuild or repClir the sn~e to as good condition as for~crly existed at their joint and equal expense. In the event of a dispute bct~·:een. Owners with respect to the repair or rebuilding of a party drivcwnYt or \-lith ·respect to the sharing' of the cost: thereof I such O~.mer.s shall sub:-ait the matter t.o binding nrbi.trntion tO I D.nc1 under the rules of I the l\mericCln ;"'\rbi trn tioD l\ssoci2. tion .. 5... rrhe ):-ight of un'y OVll1cr to cO:ltributi.on: fror.1 illYY' othe):" O'.-ll1cr under this J\rticlc sh~1.?l be ap~)urt.c!)2.;)t to.) the lana. a))(} shnll p~s~; to sue]) O\·mcr. I;.; suece;.;!:.~o:c;.; in ti tlc * 6. Xn the event of any dispute a:cisi.r.g concerning .::t . par.ty dri\rc\·.'~Y I o+-~ unclc):" the provi.sions of: this J\rti.eJ.c t cueh '-10- • • pal."ty shall' ',eh.do'se one arbi tra tor, and such arbi tra tors shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. XII ARCIIITECTURi,\L CONTROL l~. No building, fence, wall or other structure or additional landscaping (except all original construction by Developer within the properties and landscaping within enclosed private patio areas and entry courts) other than landscaping installed by Declarant shall be erected, altered or repaired until the building plans, specifications and plot plans shm'ling the location, elevation and grade lines of such building or other structure, or such other description of the proposed work as shall be furnished to and approved in writing by the Board of Directors, or by an archi tcctural committee comp.os0.d: of three or morerepresentati ves appointed by the Board. One set of such plans,. specifications and plot plans or other description shall be submitted to the . , Board or its archi tcctural conuni ttee. The Board or ,its architectural committee I' before giving such approvai,"may require that changes be made to comply \,1i th suc:\1 rcquirerr.ents as the Board or its architectural co:rru-nittee, in its absolute discretion,. may impose . as to tile stru'ctural features of said building or other structure, the type of building T:1:J.terial used, or other features or character- istics tilcrcof not expressly covered by any of the provisions of this instrument I including t.hc location of the building or other structu):c \·Ii th respect to topography and finished ground > eleva tion. '1'l1e Board or its archi tect:ural com'<1.i tt:ee may also rCCJui)~e t.hi:lt the exte:d.or finish Clna color, and the architectural style or chi:u:actel.~ of ~:>uch building Ol~ other structure shall be such as ill the discretion of the Doard s~lLlll be decmed to be suit;able in vim'l of t~1e <Jeneral m:chitecturD.l stylc .::tnd -19- (!' _.------,_._------- {i); . II Ii (I II tl ii . II !I II II ;: II Ii Ii !I churncter of ~·truct'l. er.ected or. to be erec~. in t:hc. cOIl1..intmi ty 0 The repainting of the extcrior'suriuce of any building or other structure on the Properties shall be the prime re~ponsibility of the Association and such surfaces shall not be repainted or refinished by the Ovlner in a color or rounner differing from the previous painting or finishing of such building or other structure until the Board or its architectural comnittee s~all have given its written approval of such repainting or refinish- ing following the submission of an acceptable description of the \-lork to be done.. 'In the event the Board or its arch1tectural committee shall fail to approve or disapprove any pluns, speci- fications, plot plans or work description submitted to it within ", ... . thirty (30) days .after such submission, 'then such approval shall be deemed to have been waived; No member may construct, repair, remove, iIilprove or other.~Tise· affect any portion of the Cormnon Area in any manner unless specificully authorized in writing by the Boar~ of Directorso 2. Neither the Association, the Board of Directors, .the architectural committee, nor.any member thereof shall be responsible for structural or other defects of.any kind or~ nature in said plans or specifications, or in the structures and improvements erected in accordance therm·lith. _,"-=-~-'4~a __ XIIX ADDED PROPERTY ';"----.-... 1. Additional lots and Cor'l."'11on Area may be annexed to the Properties \-7ith the consent of at least to;.-;'o-thirds (2/3) majority of the voting pO'\'ler of ·the Ovmers I excluding the voting pm'ler of the Declarant i or 2. Ifl \'lithin three (3) years of the date of recording of this Declaration, the Declarant should develop a.dc1it.ioI1al lands within the area described in Exhibit 111\." \·lhich. is att.ached hereto <:.~nc1 by i..:hif) reference mude a p<:-lrt horeof, such acldi ti011<11 lanCt~3 lnuy bc annexed t.o t.he rropert:ies \.;i"l.:hout t.he assent. of the C1a.!:,s A mcmbe.T:c und be ll1a.de r;ubj oct 1.:0 the Decla.r.:lt':ion and -/.0- ~ ...... '~-.. -------~.-~~--.-•• ---.-----------... -.. -... ---___ ........ __ ~_It",'",,, I •• 1' .... ~ ....... ,.......,.,~'rf_N .. ~'"'\\,..,.,..., .. ~,...';t.C'\~ ll"l"ttrllr,..11> .. "" ,,· .. ,oJ. .. ·,-r, .. · ... t ". • 'I b tllcrcby bccome [;llb j (, to thc jur:i.!;<.1iction o[ • }\~;soc;iutioni 1lrovidc'd r howpv("~ r:, that tlw developmcnt of the aCldi tional lands described in this section shalf be in accord.:lnce with a general plan submitted to the California Depurtr.lent of Real Lstate with the processing pilpers for Tract 73-24. Detailed plans for the . ~L'! t developmcnt of additional lands must be submitted to the Californi'a, Department of Real Estate prior to such'devclopoent of addi- tional lands. If the California Department of Real Estate determines that such detailed plans are not in accordance with the general plan on file and so advises the Association and the Declarant,. the annexation of the additional lands must be in accordance \'lith Paragraph 1 immediately above. Prior to a conveyance to individual purchasers of any improved lot within a portion of the real Properties described on Exhibit nAil attached hereto and annexed pursuant to this section, a fee simple title to the Common Areas within said portion of said real property shall be conveyed -to the Association 1 free and clear of any and all en- cumbrances and liens except current real property taxes t "'hich taxes shall be prorated to the date of transfer, and all easements, covenants, conditions and restrictions then 01'1 record, if' any, including those 'set forth in this Declaration'. A su.pplementary Declaration of covenants, conditions and restrictions as described hereinafter in section 3 of this Article, covering said real property described on Ex ... ~ibi t "A II hereto, shall be executed and recorded by the OHner 0:: such real property. 3. The additions authorized under the foregoing sections shall be TI1Clde by filing of record a supplementary Declaration of covenants, conditions and restrictions, or similar instrUIilcnt, \o1i th respect to the ac1di tional property '-7hich shall extend the plan of this Declaration to such property. Such supplcmcnt.:lry Declar<:ttions contemplated above may contain such .... COJnplcmcntary addi tions and modificai.:ions of the covenants I con- ui tions uncI rcstriclms contnincd in this DC,~ru.tion as may be @ necessary to, reflect the different character, ..1.£ any, of the added property as arc not inconsistent "lith the. plan of this Declaration. , In no evcnt, hmvcvcr" shall any such supplcmentu.ry Declaration, merger or consolidation, revoke, mOdify or add to the covenants ... -. established by this Declaration within the existing property, except as hereinafter otherwise providcdo The recordation of said supplementary Declaration shall constitute and effectuate the annexation of the said real property described'therein, --"'-.. -' -~ ___ 4 •• making said real property subject to this Declaration and subject to the functions p pO\'lers and jurisdiction of the CARLSBAD LAKE CO!>h"1UNITY HOHEO\vNERS ASSOCIATIO}1, and thereafter all of the owners of lots in said ~eal property shall automatically' be members of. the CARLSBAD LAKE-COHt1UNITY IIOl-1EOI'JNERS ASSOCIATION. XIV, BREACH l~ Breach of any of the covenants contained in .this Declaration and the continuation of any such breach may be en- joined, abated or remedied by appr.opriate legal proceedings by any O\·mer I by the Association or the successors in interest of the. Association. 2. The result of every act or omission \·,hereby any of the covenunts contained in this Declaration are violated in whole or in part is hereby declared to be and constitutes a nuisancc, and every remedy allo\'lCd by laH or equity against a nuisance either public or private shall be applicable against every such result and may be e:-:ercised by any OHner r by the Association or its successors in interest. 3. tl'he rer:lcdies herei.n proviucd for breach of the covenants contained in this Declaration ellall be deemed cumula- tivc, and none of such l-eme<1ies shall be deemed exclusive. The failure of the Association to enforce any of the covenants contained in this Declaration shall not consti·t:utc (l \'l~d.vel::-of the right:. to' enforce the same thereafter. -22- ~.7"-r-.--:"---_- f I f J 1 ----~.-.-~. --.~-... --~------.. --~---. • 5. A breach of the covenants contained in this Declnration shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust nade in good faith and --for value on any lot or the improvements thereon, provided, how- ,ever, Blat any subsequent Ovmer of such property shall be bound by said coyenants, whether such Ovmer's title was acquired by foreclosure in a trustee's sale or othe~viseo -xv NOTICES In each instance in which notice is-to be given to the O'\'m,er of a l¢t, the same shall be in vlri ting and may be delivered personally, in which 'case personal delivery of such notice to one or tHO or more co-O\vners of a lot v or to any general partner of a partnership m'ming such a lot, shall be deemed delivery to all of the co-m'lDers or to the partnership, as the case may be, and personal delivery of the notice to any officer or agent for the service of process of a corporation o·..;ning such lot shall be deemed deliver.! to the corporatioll-or such'notice may be delivered by United states mail.{ certified or registered, postage prepaid, return receipt requested, addressed to the OHnar of such lot at the most recent address furnished by such O':mer in vlriting for the purpose of giving notice, or if no such address shall have been furnished r then to the street address of such lot, and any notice so deposited in the rr..2.il wi thin San Diego County t Californ.ia, shall be deemed delivered forty-eight (:18) hours after such deposit. Any notice to be given to the hssociation l~lay be delivered personally to any mcrnber of the Doard t or c1el:i.vel.'ed in such other mannex' as may be authorized by the Associrition. hny notice to be g~ven to the }\ssociation !';hall be delivered by the United States 111<1i1, certified or registered, postQge prnpaid, return receipt re- quested, and any notice so deposited in the mail within San Diego County, Ca.liforniQ, shall be deemec1 delivered forty-eight (t18) ~23- , :XV! CO!-iNO~l Hl\LLS 1. Each ylnll Hhich is built as part of the originul construction of ~he homes upon the Properties und is placed on· thc lot so as to abut or adjoin a. d\1clling construc;.t·cd on a contiguous lot, shall constitute a common wall, and to the ex- t.ent not inconsistent \'ri th the provisions of this Article, the general rules of 1m·; regarding cOl'tUllon "mIls and of' liability' for property damage due to negligence or Hillful acts or omissions sh~ll apply thereto. Each O\·mcr of a lot upon which there . ~ 8X1S ... S a common wall shall mm to ,the center of such \vall .. 2. The O\·mer of each lot upon \vhleh there is located a COr.m1on ,,~'all sha-ll have a rcciprocal non-exclu,si vo easement to each contiguous lot for the purpose of maintaining the conmon "mIl. The cost of reasonable rcpair and maintenance of a corrunon wall shall., be shared ,by the O'\vncrs Who make use of the "lall in . ,proportion to such use. 3& If a comrnon \omll is destroyed or damaged by fire 'or other casualty, any ~~ner 0ho has used the wall nay restore it,. and if the other (T,\'ners thereafter maJ:c use of the Hqll, they shall contribute to the cost of restoration thereof in proportion to such use ';'lithont prejudicc, ho\Vcvcr, to :the right of any such O<.'mers to call for a larger contribution from the . others under any rule of laH regarding liability for negligent or willful acts or o~issions. '-1.. Not,'li thst2.nc1ing any other provisions of this Article, an cr.'mer \yho b..,... his negligent or 'iVillful act causes the CDrrt17lon \-lull to be expos cd to the clcI\1ents shall bear the "lh01c cost of furnishing the necessary protection against s~ch elcmcnts6 5.. '.rho right of any O'.'ll1er to cont:ribution from o.ny : 'other O\'mer unuer this }\l7ticle shall be i\ppurtcn~nt to the land' und [;!}(111 pil~;S t:o snch ·Oune): 1 s snccc~;so:c:; in ti tIc. • t' ... In the .t of .:my (~ispute nris c0ncerning a G. common ,~all, or under the provisions of this Article, euch party ~lall choose onc a~bitrator, and such arbitrntors shall choose onc additional arbitrat6r, and the decision of a majority of all the arbitrators shall~be final and conclusive of the question involved. XVII SEVERABILITY , " Should any of the covenants contained in this Declara- tion be void or be or becor.te unenforceable in 1mv or in equity, B1C remaining pottions of this Declaration shall, nevertheless, be and remain in full force and effect. .. XVI'll fERH, SCOPE, DUP..f;TIO~l 10-:-0 ~'~~~D~,SHT 1. This Declaration and the covenants herein contained shall be in effect until ----------------------------------and shall be automatically extended for: successive periods of ten (10) years unless ,.".ithin' six (6) months prior to the expiration o£ the ini tial 'b~l.JU or any ten (10) year rene",a~, period a ,'rri ttcn qgreerr.ent executed by the then record OT.vncrs of norc than three-fourths (3/4) of the lots shall be placed on record in the office of the County Recorder of the County of Orange by the. terms of which agreement the effectiveness of this Declaration is terminated or the covenants herein containe~ are extinguished in whole . or in part,as to all o!:' aIlY part of the property then subject thereto. 2~ This Declnration may be amended only by the affiY.T'l<J.t.:i.vc vote of not less than !:,event.y-five percent' (75~) of the lot 0"'111er5 6 Any nlnenur.tcnt l:1nst be rccordocL ,-., XIX Xn the event the CO!lU:!on l\J:"c<t subj ect t.o this Declz\rn tion ir: totally or f,:uln;t:anti'tlly d(H!\tl~rGc1 ox: c1c:;t:).-oycc1, t.:hc rep'!).):" re- '-25- '~ . ," ~ • . ~.'. f J-l C 1 ft· ] 1 be <-t <: pro-j con!';U:uction, or chs[V .t1.0n 0' c.1e or:U:1on \re dil . -• vided by an a9rcc~cnt: approved ~)y Ovlners 1."epresen ting more than fifty percent (50~) of the voting power of the O ..... ners. The usc and disposition of insurance proceeds payable to the ~ssociation in the event of such destruction or duDu.ge shalrbe as,deterrained • by a maj ori ty of the voting povler of the Owners. xx CITY I S EASEr'1ENT Declarant hereby grants to the City of Carlsbad, as adjoining land m.;ner I easements over the Common Area' for the follm';ing purposes: installation ,and maintenance of public utility lines and facilities, and access for emer.gency and other vehicles associated <;.;i th the various gove1;'nmental services which will be furnished to the Properties by the City of Carlsbad~ XXI CONFLICTS In case of any conflict behlf~en this Declaration and the Articles of Incorporation or J3y-LavlS of the Association, this :,Declaration shall control. XXII CAPTIONS The titles or headings of the Articles or Paragraphs of this Declaration are not a part hereof and shall have no effect upon , the construction or inte~prctation of any par~ the~cof. IN ivI'l'NESS l'ii!EmSOp I the undersigned I being the Declarant herein, has hereto set its hand and seal this day of 197 COVIHGTON m~01'IIERS t ", a California corporation , a By Its By l'l:s .-/. G- ---"-"--~,r ---_ .... ------_ ..... _-.. ,.-- • TO TI[l-~ OUDER OF TO 'lllE onDER OF r City Of Carlsbad 16800 Devonshire St Granada Hills. CalifornIa B1344 213/368-5611 --w~ -I 0 -I }> r () :r: }> :0 Gl rn CIl N ~ I~ OJ .\~ City Of Carlsbad -Sewer Assessment -\~-. --- r C&:'\ nW -D GI~ c (\~ ~ ~r(' ~ ( ')( ~~ ~-~~ '-VJ l c \~ ~s:< 'r-I .... V~ -~ ~.' N ~I ~ (J) . \~ I $ CRI.lUMEflllImllllnlBnllH WtSHIR£ HWmt OFfICE 5eo WllSH.R~ BOULEVARD, lOS",' ... £lES. CAlJtOMM9GC3& ,June 7 10-.83. 0 ." =i rn ;: § () I » :IJ Gl m l> :0 9 l -I Q !!' ~ ~, "' ~ » z z ~ () z "' rn 0 ~ m "' EI :0 "" ~ }> :0 :;; ?t f: ~ m 7-Z -I Z I z Gl ~ co ~ s ~ e-M 0 z ~ G) I I~ l!< ! i' ( CITY OF CARLSBAD , '''-./ l-M AVENUE • CARLSBAD, CALIFORI (714) 438-5551 (( POO~ Qka-li; ()£&J\)~L J;. RECEIVED FROM..;...\-_' -'--_~~ __ ---'-__ DATE o!d.1o!g3, . 7-,7-:, ADDRESS I \ A/c. NO. -' <'r I /" I .. \ ~ I ' --,---," -\, , '-'\ t .. r, " I t \ \ ~·.1~~:;-lii ,,-h~,",,1J iI' , \ ! 1 \ 'DESCRIPTION \ -.. ' .. I . \ , . , " -'\ J, : . \ ! \ \ ,r , , \ • ~~1Q";:;-"'" ~"\.'o\' -~ ~ ~ ~?":~ <1~ ~j) If:? {i§s:.V-$' ?\ ~~ ~ C\I _.)';~~1::-.~"h ",i!... ... .... 'W~?i;$"'~¥i>"-,'-~ .... 0 tS~ ~ ~ I\J \<"' A"I ~ <~Q -1" -~ _(\",(0 ~Z!.-~ TOTAL AMOUNT I :J/).~-2 II (J< 7 0--1O • ., CITY OF CARLSBAD 1200 ELM AVENUE @ CARLSBAD. CALIFORNIA 92008 729.1181 ADDRESS A/C. NO. DESCRIPTION N9 7981 AMOUMl' DEC 2 1 1973 CITY Of CARLSL.:i\O Engineering Department • • , i ! I ~ ( '- 1 t I I I I I ! I I I CITY OF CARLSBAQ \ "~" ,_~v-t:l..:rV'I AVENUE • CARLSBAD, CALIFOHNIA 92,001 (714) 438-5551 .' l(PoO~ G;ua);t; ();ei,J i<Jt1-t" RECEIVED FROr,{ I, .. \ \.l '\ \ \. \ \, .. '. DATE ,15/84-7 I ADDRESS A IC. NO. DESCRIPTION AMOUNT L -/ i ' ~~:l I .--' i lIt) JIJ()(j I --\ \ I "~I I .... LL \ I ' .. \. , ---' . , \ " \ \ ( , , I J \ -\ " ". , -, '.. \", ."'--'. --... ~ - ~S192~ b~~~ $f~ "U>~ ~ ('(p:; ."JtJ, ~ 'f:? 1:/,;:. '8',sh· o:~& ': '!in~f;;JIt,-,,' ,(>,. C\l 1-~!Jf~ ,~" ; iI \ . ,t;" .-i& :r,,(.lf4J ,~J ... ... . ~J'I.: '!M' ~Ql' !\.~ "'f:, ,1 / Q3 t~~ ... ~ V ~ C(o/ ~P __ 2~i-.Y '''''f'r-'1 'J TOTAL :):l fJ. • t -.;, .. .,> .. ,'" Lawrence.R. Williams Consulting Civil Engineer ENVIRONMENTAL PLANNING· CIVIL ENGINEERING Karl B. Brown 17401 Irvine Blvd., Suite M, Tustin, Calif. 92680/714832-4100 I . ,()()O -' --- e l \ G~f\-DI NG; 'BoND 1015 CARLSBAD CORNERS. INC. REAL ESTATE AND INVESTMENTS 6452 AVENIDA MANANA PH, 619-454-7888 ~ LA JOLLA, CA 92037 "\ ...... V / £ 90-4911222 19~ E~y ~, 1:-:; ~L -" -----._. TO THE . ~ ORDER OF a $ I d r lfJ ,,:v :Jf O-.,Q, ,rl= ==== ..diT~qd"..d ~<" DOLLARS CALIFORNIA LA JOLLA OFFICE 1_ 7807 Gllald Avenue ~ .,_, ... ,.,.,e=, .... "", h. ~~ FOR: 3£ Jt ~ .~~.£ ~ ~O.O. SUi $1:.22 200t.1101:00 5.301111 5 3ul ~<;_"f:~"!.!!I_r_"~'!!,, ______ _ e L _ ~ j .... • ~ • • r • • , \ . CITY OF CARLSBAD 1200 ELM AVENUE e CARLSBAD. CALIFORNIA 92008 729-1181 9PAIO JUL 11-7LrLL cc 608****7,141.46 C~d~L z.-I/~Z'l RECEIVED FROM . ..el!J/ ~ DATE e#7j~VW ? / ./1./ ph .. ADDRESS ......, -if A/c. NO. _......---D.E.~~N AMOUNT b5 -Ii--/?l7' ( c?r ;/d'-d,¢') J'Z ~() ~ ~ YiJJ' 4(1. JI~ j;4() t::J(/J ~V "ve 1/4; /dtJ (J(J I ! i :0 -- -TOTAL %1'11 ~~ : --128 - -I UNioN .)..-._~~~a~R AT 0 r;,fJr" _ ....... PAY TO THE" ORDER OF, : ' .. -;"; CITY' OF CARLSBAD ' UNION BANK HAR80P AT ORANGETHo.~~ AVE. FULLGRTON. CAl...It"- -.... -a:. - ,--.....,... ....",J£XiJidIe .. ,.,., i SA ,uum :Jdl!!! ... TELEPHONES SHIPPING ORDER 0 58507· If' ORANGE COUNTY (714) 547-6134 ( ) PREPAID 0 COLLECT 0 LOS ANGELES 213 680-2838 P.O. BOX 15087 • 1230 E. POMONA STREET· SANTA ANA, CALIFORNIA 92701 MESSENGER Truck 0 SPECIAL 14 HOUR 1 DAILY PLEASE REMIT FROM THIS INVOICE-NO STATEMENT WILL BE ISSUED Air 0 C'~I ~. ,t.-r ... ~ ""?-.. i;> ( ")"",, c ..... \ r' F 0 ( 1'T'-1 (')\:-\. ~v-:l,t1 I SH1:-'\.\i) N \ .~ -R 5 T 0 "} 1.4 .:::; 1 ('j'J .::;. .. r .... c:: \" d. V> ,..., :'\r::::. .l-hl·~. ~ 0 i .:.::z. Dr> /:.... j .1".;-.... ~\ ..... ;.\,-.--M . ~ ... --\ . Ii N E i=" I )1 J l:--!/ TI")" .! (~l L"J.. 0 C.I /\ ~~' ~ <:. .... (;l . f:\ .,") (y-C.\ NO. PKGS. I DESCRIPTION RATE I {:-.'\, 1.I...1C-\ 1).'-\::.... I 5~-~~ ibr-f'--.-i C ::.L.-.. ::l SPECIAL INSTRUCTIONS: RECEIVED BY THE CARRIER RECEIVED BY CONSIGNEE ;\m4[~)ckUP drive~~~w No. PCS. ~ay Truck SIGN FULL NAME ~ Used . ,.;.'" '--,.-0{ 'Zl-\ 4f;}.. X BY· , { <' f~rveye-a 'DY'"iIriv~n below No. Pes. ~~ Truck \ ~ [, , =..:> \ ,( __ ,f') '~DATE-" . -I SHIPPER'S NO. CUSTOMER P.O. NO. Loss limited to $50.00 per shipment unless a higher value is declared by customer. PAYMENT MUST BE MADE WITHIN 7 DAYS PER I.C.C. & P.U.C. REGULATIONS WEIGFlT ~ .. Number Pieces Rec'd . I I, • CHARGES DELIVERY CHARGE WAIT TIME RETURN C.O.D. C.O.D. FEE WEIGHT CHARGE ADVANCES INSURANCE TOTAL Consignees checks will be accepted for COD's unless otherwise specified by shipper. CONSiGNEE • FEES AND DEPOSITS • /-'vi. Final Hap Check Fee ($25 + $2.00 per lot) ,,-2. Improvement Plan Check Fee U% of z,.-;Op-vc)o ) ~ "2.-; 00 --~ ri3!'«'~?) .....-3 ........ lnspection DeposIt (2% of 'k?oo-'U'"O) ,~. , 4,. S t r e e t T r e e Pia n tin 9 De po sit {tV /5Dv.J L> Cd1b jtjv..{T'. 5., Park in Lieu Fee (see attached calculations) 6. Water Deposit C CoM.: W 0 D. ) r' 7. Sewer Deposit ~:;cCSHL pofe. p~(~) -' > p~ f[1J OOI-~~ rv c..L. dlc "'-~~ • ..--8. 18 Month Street Light Energy Deposits ~ /IIb.l~ -(""",oo~" I, eo.. >< ".1'1)< 18 -:. I44B.~~·· ./' 9. ,/""10. '--1 1, 0 1 2. NOTE: St reet Sign Depos it I"" ,:;; ?1,,;tJ~ t::;A~tJ ~ ~ >< '" "3 ~~ -,.. srfb, ~'q AI I ~. ~ fl'':?-;:. s:: ~. c:t..f ~ "'l-~ "!><" 'Z-<) /,,-0 IVr7 ~~ K' n ~ -:.- tv -r~ -" ~ J{) . ""J&. c J') Dup 1 i cJtJe'-1t rae i ng and P r i ~t"fA.g 0 ~o~t ':: / ~ T ra f fie S i gn~ L Depos i t ~ ~.L{?IL \J()~C, C!IL.~?'-~. f~~-,) ~ ( G r ad i n 9 Perm i t Fee (>.ee PI) Fe (0"t.V ) :: 1r ~ /rlvj-1: bt ow.. Sewer connection fee per 1 iving unit basis shall be paid to the City pr i or to oc~up,a ncy. . Gr~ fU't ~ ~ /;..A.t) ~~ ~ ~~N- l?f'1I·~.e (f~' 4~ EXHIBIT !JAil ? PAY C'· CALIFORNIA COMM4aITIES, INC. ~~ 31 TECHNOLOGY DRIVE, SUITE 200 PH. 714-727-3600 ~ IRVINE, CA 92718 SUM OF ****40,000 DOLLARS AND 00 CENTS *** SOUTH CO &LAZA OFFICE WELLS F~ BANK, N.A. ' 3400 BRISTOL ST. COSTA MESA, CA 92626 16-24/1220 DATE TO THE ORDER OF February 03,1989 04308 CITY OF CARLSBAD/PLANNING DEPT CALIFORNIA COMMUNITIES, INC. DATE DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DESCRIPTION 01-31-89 CT73-24 TRAFFIC SIGNAL BOND [2404] 12283 AMOUNT $40,000.00 12283 AMOUNT 40,000.00 CALIFORNIA COMMUNITIES, INC. DETACH AND RETAIN THIS STATEMENT : ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELO ,lOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRE: ... ~T 73-24 12283 -. 17 DATE DESCRIPTION AMOUNT 01-31-89 CT73-24 TRAFFIC SIGNAL BOND (2404] 40,000.00 ~m:;t) ) t0Tb '?06UC. ~~t\.4w...d 'P ElZ. lLoy4 l.jobbs 0...,) a -I S -~ cP~ i I SUBDIVISION IMPROVEMENT LOG 1 n4 (;A(2.U;r;A-O L.4~ -Carlsbad Tract No. ? ... &; Project Name G4>YY1MUJlt" c..o VltJ 6 TotJ ~S. Cl-A'~ fZ~~) Developer t Phone --------------------~~\,.. ~rOWA Ct.Awr~ce (»\U'o.~· ) Engineer of Work ~6'" phone 6'4 832-418>0 other Phone --------------------------------------------------------------- TENTATIVE MAP Date Submitted Date Checked Date of Report to P.C. -----------~ -----------~ ------- Date of Approval by P.C. ________ ~Date of Approval by C.C. ~ .... 1'111 \o~,.)hQ()..S.S No. of Lots ______ F.ee _____ P.aid. ________ Condominium Yes or No Other "C ~C. "Res. No. ------------------------------------------------------- No. of Lots FINAL MAP ---------'- REPORTS & AGREEMENTS Title Report Rec'd ~ ,,\t.s, Traverse Sheets Rec' d ,(es .~~~~------------Soils Report Rec'd _____ ~~~~;=------------ Deeds & Exhibits Rec'd . -,.-'.-,. .. ,-,.. -.,-,-..,---....,--,- Documents Rec'd *Future Agreemen~t-~7~-------C-.-C-.--A-p-p-,-d------- SubDiv Agreement F C.C. App'd __ ~C.C. Agenda Bill~ C.C. App'd ~ Flood Letter sent -------------- Check Dates No. Out t City Engineer's Signature City Clerks Signature Recorded ___ _ ~WR aDiVcN"l'A-l-s.~~tJ..~, [--6 'l-fbIN'7:.eTfl~) S-t::47 rlL~ CT13-Sf.> 4:.2_ No. CHECK PRINTS Date In ,) .. 'l-t • ..,> IMPROVEMENT PLANS CHECK LIST FOR FEES Date out