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HomeMy WebLinkAboutCT 73-49; C.C.&F. Palomar Airport Business Park; Tentative Map (CT)MEMORANDUM - MAY 3, 1977 TO: PAUL BUSSEY, CITY MANAGER FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR RE: C.C.&Rs, PALOMAR AIRPORT BUSINESS PARK. When the City approved the tentative tract map for the Cabot, Cabot and Forbes subdivision, (CT-73-49) the applicant and the City agreed that there would be no need for a specific plan on the property if the City was made part of the C.C.&Rs. This would give the City the ability to review conditions or deny any dev- elopment that was at variance with the C.C.&Rs. The City felt this necessary since the P-M'zone has no restriction on the type of building that can be constructed . Cabot, Cabot & Forbes indicated that no metal building would be permitted in this park and such prohibition is contained in the C.C.&Rs even though they are permitted by City Code. However, when the City protested the construction of the metal roofed open structures at Anthony Pools, we were informed that the C.C.&Rs do not contain wording permitting the City to participate in this variance to the C.C.&Rs. Staff contacted Paloroar Airport Business Park to amend the C.C.&Rs to make the City a party to reviewing any variance to the C.C.&Rs. Attorney for Paloraar Airport Business Park agreed and have submitted to the City an amendment to the C.C&Rs (See attached Exhibit A). This amendment contains wording permitting a disapproval by the City of an application to vary the standards of the C.C&Rs. This is satisfactory to planning staff. If satisfactory to the City Council, staff will inform the attorney to have them recorded and recorded documents be returned, to City for our files. BP:JCH:ar 1 RESOLUTION NO 5081 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS, PALOMAR AIRPORT BUSINESS PARK. CASE NO: CT 73-49 The City Council of the City of Carlsbad, California, does 711 hereby resolve as follows: Q 1) That this certain* amendment to the Declaration of g I Covenants and Restrictions of the Palomar Airport Business Park making the City of Carlsbad a party to said Declaration, a copy of which is attached hereto 12 marked Exhibit "A" and made a part hereof, is hereby approved. 14 2) That the Mayor of the City of Carlsbad is hereby 15 authorized and directed to execute said amendment for and on behalf of the City of Carlsbad. 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 18 19 20 21 23 24 ATTEST: 26 27 Council of the City of Carlsbad, California, held on the 17th _i of Hay , 1977 by the following vote, to wit: AYES: Councilman Frazee, Lewis, Packard and ( NOES: None ABSENT: Councilman Councilwoman Casler ROBERT C. FRAZEE, ADAMS,' City Clerk 28 ^(SEAL) [ 660 WHEN RECORDED RETURN TO: City of Carlsbad1200 Elm AvenueCarlsbad, California 92008 ,.77-212678; IIv,EOOC, 1977 HECOROED REQUEST Cr 1TY CLERK JUH NO FK (Space above this line for Recorder1s Use) AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS AMENDMENT is made and executed as of the day of }j/au.j , 1977 by Palomar Airport Business Park, a California general partnership ("PABP"); WITNESSETH: WHEREAS, a Declaration of Covenants and Restrictions _ _, (the "Declaration") was recorded October 1, 1974~at-File/Page No. 74-263897, Book 1974, Official Records of San Diego County, California covering certain real property in the County of San Diego, State of California, more particularly described-therein (the "Property"); and WHEREAS, the Declaration subjects the Property to mutually beneficial restrictions under a general plan of , improvement for the benefit of the Property, the improvements thereon and future owners thereof; and WHEREAS, PABP owns seventy-five percent (75%) of the Property based upon the number of square feet of the Property owned by PABP as compared to the total number of square feet within the property; and WHEREAS, PABP desires to amend the Declaration in accordance with Paragraph D.6. thereof in order to add the City .of Carlsbad as an .entity which will exercise cbntrol over variances to the restrictions contained within the Declaration; ' NOW, THEREFORE, PABP hereby amends the Declaration as follows: I. 661 1. The following is hereby added to the Declaration as Subparagraph A.5. thereof: "5. 'The City1 shall mean the City of Carlsbad, County of San Diego, State of California." 2. The following is hereby added to the Declaration as Subparagraph C.5. thereof: "5. Notwithstanding anything to the contrary con- tained in this Paragraph "C", no waiver or vari- ance of the restrictions shall be effective until such time as the City has been provided with a copy of a detailed variance- request, delivered by registered mail, return receipt requested, setting forth the intentions and reasons in res- pect of the proposed variance and until the City has ten (10) days within which to advise the Approving Agent that it disapproves such variance, provided that such disapproval shall be exercised in good faith by the City. The Approving Agent shall not grant a variance hereunder until either the ten (10) days referred to above has passed without comment from the City in writing or until the City has delivered to the Approving Agent a written approval of the variance." 3. With regard to Subparagraph D.2/., of the .Declaration, the following words are hereby inser.ted at the end of the third line thereof: "the City and/or"; and at the end of said Subparagraph, the words "or the City" are hereby added thereto. 4. With regard to Subparagraph D.3. of the Declara- tion, the following words are hereby inserted following the words "Approving Agent" in line 1 thereof: "the City or". 5. With regard to Subparagraph D.6. of the Declara- tion, the following language is hereby inserted following the word "thereto" in the fourth line from the bottom of said Subparagraph: "provided, however, that no such termination, extension, modification or amendment shall be effective without the written consent of the City thereto." TO 1949 CA (0-74) (Corporation} STATE OF CALIFORNIA • COUNTY OP SAN DIEGO 663 tine. INSURANCEAND TRUST ss.A-nOOAtOMPAfV Slate, personally &ppearcd_._ECJ2<=L£fe.._C known 10 me to be the .before me, the undersicncd, » Notary Public in anil for!ZQB ___ known to me to be Depty-City Clerk <3QtfCXy " of the corporation thai executed the within Instrument, known lo 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 instrument pursuant to its by-laws or a resolution of its board of director!. WITNESS my band and official seal. Signature: ORnCIAL SEAlSHEILA s. TARVIM Nataiy PublU-CoIilotnlo SAN DIEGO COUNTY»1 Commtistan gipirot Hov. ?«, 1973 k • • • t• jv-'. x-' f . 662 IN WITNESS WHEREOF, this Amendment to Declaration of Covenants and Restrictions is executed as of the date first above written. PALOMAR AIRPORT BUSINESS PARK By: MB-PALOMAR, INC./ a general partner STATE OF CALIFORNIA ) n )! COUNTY OF &*} CLuu^,f^ ) On y))etu a $s^ , 1977, before me, the undersigned, a Notary Public iff and for said State, Egrsonally appeared Akio Kato, known to me to be the ^/ff_^t,fgjru,/ of WB-PALOMAR, INC., the corporation that executed the within Instrument, known to roe to be the person who executed thff within Instru- ment on behalf of the corporation therein named, said cor- poration being known to me to be one of the partners of PALO- MAR AIRPORT BUSINESS PARK, the partnership•that executed the within Instrument and acknowledged to me that such corpora- tion executed the within Instrument as such partner and that such partnership executed the same. TOTNEJlSymy ihand and official seal. ! NOTARY PUBLIC 6U ff. 6lh ST, 103 AtwatS. CADF. 530J7 AGREED TO AND APPROVED THIS 7^ DAY OF rrT/a,/ , 1977 THE CITY OF CARLSBAD By Its Mayor : . . •-•• Its PepV%v'-CUv.;£lerk" i.~(j . •- .., ;:.•: (The Acknowledgropat.ifor tKe City is to be attached.) 238 Recorded at request cf and when recorded mail to: STEPHENS, JONES, LA FBVER & SMITH SCO Wilshire Boulevard Los Angeles, California 90017 BOOKiS74 P.LCOfiOEO REQUEST Of SAFECO TITLE INSURANCE COMPANY OCT I 855«H'W CFFICIM. RECORM SANOIMOCOUNTV.CALIF: HlKLlfF. BLOOM RECORDER DECLARATION OF COVENANTS AMD RESTRICTIONS WHEREAS, CC&F PALOMAR PROPERTIES, INC., a California corporation, ("CC&F") is the owner of all that certain real property located in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit. "A", attached hereto and incorporated herein by reference thereto (the "Property"); and WHEREAS, it is the desire and intention of CC&F to develop all of the Property as an industrial center; and WHEREAS, it is the desire and intention of CCSF to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all of said Property, the improvements thereon and the future owners thereof. NOW, THEREFORE, CC&F hereby declares that the Property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following limitations, restrictions and covenants, all of which are declared and agreed to be in furtherance of a p.l-an for the subdivision, improvement and sale of the Property and all of which are established and agreed upon for the purpose of enhanc- ing and perfecting the value, desirability and attractiveness of the Property and every part thereof. All of the limitations, covenants and restrictions shall run with the Property and shall be binding on all parties having or acquiring any right, title or interest in the Property made subject hereto or any part thereof, and shall inure to the benefit of and bind each owner thereof and their respective successors in interest, and are imposed upon said Property, and each and every portion thereof as a servitude in favor of said Property and each and every portion thereof as the dominant tenement, or tenements, all as follows, to wit: A. DEFINITIONS. 1. "Approving Agent" shall mean, in the following order of precedence: (a) CC&F , so long as it owns any interest in the Property; or thereafter (bj CC&F, so long as CC&F Palomar Business Park, a partnership, holds any interest in the Property; or thereafter (c) Any corporation, association or trust controlled by CCSF or with which CC&F has been merged or consolidated or by which CC&F has been acquired, all as certified of record by CCSF (hereinafter called CC&F's Successor) so long as it owns any •P5Co Co CO l_ 233 SSl ==" interest in the Property and provided it has been granted of record by CC&F the exclusive right to approve plans and grant variances as hereinafter set forth; or thereafter (d) Any association (whether or not incorporated) organized by a majority of the owners of re- cord of the Property or parts thereof for the purpose, among others, of approving plans and granting variances as hereinafter provided, in which mezrJbership is available to all such own- • ers without charge, provided CCSF or CC&F's Successor has granted to it of record the ex- clusive right to approve plans and grant vari- ances as hereinafter set forth which CC&F agrees will be done by it or CC&F's Successor before CC&F or CC&F's Successor ceases to own any in- terest i;.i the Property if written request there- for is received prior to that time. 2. "Site" shall mean an area of land in the same ownership either shown .as one lot on a recorded plan or, if not so shown, described as the Site for one or more build- ings by the owner in a recorded instrument, whether or not in either case acquired at one time or previously so shown as mere than one lot, or shown or described for the purpose of lease but not of conveyance as more than one lot. If an easement or easements over any portion or portions of a Site established by recorded plan or recorded instrument then exist or exists or is or are reserved by CC&F for any purpose whatsoever.- the area of such portion or portions shall be included in computing the area of that Site. If subsequent to the establishment of a site by recorded plan or re- corded instrument, any portion or portions thereof are for railroad, street, highway, utility or public purpose taken by right of eminent domain, or deed in lieu thereof, or dedicated or conveyed pursuant to reservation by CC&F, the area of such portion or por- tions shall continue to be included thereafter in computing the area of that Site. 3. "Declaration" shall mean this Declaration of Covenants and Restrictions, as it may from time to time be amended or supplemented. 4. "Restriction!;" shall zztean the covenants, conditions and restrictions set forth in the Ceelaration. 3. RESTRICTIONS. 1. No building shall be constructed upon any Site: (a) Within forty (40) feet measured at right angles from the nearest edge of the right-of-way ofany abutting streer in existence at the time of such construction; (b) With less than the rninirnum side yards required by law, but even if permitted by law, with sideyards which have an aggregate total of less than twenty-five (25) feet. This restric- -2- GO CO CO J 240 tion is intended to permit the minimum sideyards required by law but no less than an aggregate of twenty-five: (25) feet when both sideyards are added together; (c) With exterior walls constructed other than of tilt-up concrete, masonry, or equal material; and the construction of metal, prefabricated or butler-type buildings shall be prohibited; and (d) With a roof having a difference in elevation of more than 'thtee (3) feet unless approved in the manner provided in Section C hereinbelow. Ham There shall be maintained or. each Site only buildings, paved walks, paved parking lots, paved driveways, lawn and landscaping and natural growth in undisturbed areas, the construction and/or installation of which shall be subject to the approval of the Approving Agent in accor- dance with the provisions of this Declaration; provided, however, that at least two-thirds (2/3) of the surface of the required set-back area from streets shall be maintained in lawns and provided further that natural growth may remain on those portions of the Site side and rear yard areas which have not been disturbed by the construction of improvements on the Site. No tree located within any Site having a trunk diameter of more than three (3) inches measured three feet off the ground shall fce removed unless approved in writing by the Approving Agent. There shall be maintained on each Site facilities for loading and unloading sufficient to serve the business conducted thereon without using adjacent street therefor. Adequate off-E.treet parking shall be provided to accom- modate all parking needs for employee, visitor and com- pany vehicles on the Site. The intent of this provi- sion is to eliminate the need for any on-street park- ing. Parking shall not be permitted between public street pavement and a property line or closer than ten (10) feet to a street property line. No use shall be made of any S:.te which will attract parking in excess of the parking spaces then available thereon. Not less than three percent (3%) of the parking area of any Site shall contain landscaped islands. Each site shall be used only for manufacturing, pro- cessing, storage, wholesale, office, laboratory, pro- fessional and research and development, activities; and there shall not be permitted any junk or salvage yard or any other use which will be offensive to the neigh- borhood by reason of odor, fumes, dust, smoke, noise, glare, heat, sound, vibration, electro-mechanical dis- turbances, electro-magnetic disturbances, radiation, air or water pollution or will be hazardous by reason of danger of fire or explosion. No use of the Site shall be permitted which will result in the discharge of toxic matters into any sewer system serving the Site. Retail uses shall be limited to sales of goods and services reasonably required for the convenience of occupants within the Property such as restaurants, drug stores, barber and beauty shops, shoe repair shops, cleaners, post offices, banks and automobile service stations; and no such retail uses shall be undertaken unless and until the same shall have been approved in the manner hereinafter provided. -3- IND 5Co C.O T 13SB 241 6. The exterior of all structures and all waiKs, ways, lawns and landscaping on each Site shall be main- tained in good order, repair and condition; and all exterior painted surfaces shall be maintained in first- class condition and shall be repainted at least once in every four (4) years. 7. Unless specifically approved in writing by the Approv- ing Agent, no materials, supplies or equipment shall be stored in any area on a Site except inside a closed building or behind a solid visual barrier, constructed of material acceptable to the Approving Agent, which screens such areas so that the stored items are not visible to a person six (6) feet tall standing on any part of the neighboring property or public streets at an elevation no greater than the elevation of the base of the items being viewed. All roof-mounted mechanical equipment, utility installations, duct work, radar equip- ment, radio or television antenna or any other devices which project vertically more -than 1-1/2 feet above the roof or roof parapet shall be screened by a solid visual barrier which is detailed consistent with the building. 8. No buildings or structures shall be erected, or exterior structural alterations or additions made on any Site except pursuant to plans and specifications approved in the manner hereinafter p/ovided as to landscaping and architectural conformity to an industrial center. The requirement ofjapproval set forth in this paragraph is in addition to! and not in substitution for any and all other restrictions herein contained. 9. All on-site utility transmission lines shall be placed underground. 10. No exterior signs of any type which normally would be visible from the neighboring properties or public streets shall be placed or maintained on any Site orbuilding unless the same shall have been first approved in writing by 'the Approving Agent. Said approval snali not be unreasonably withheld provided that plans for the proposed sign or signs and the location of the same on the Site or building are submitted to the Approving Agent and provided that the design/ type and location conform to any sign standards as may be then generally established by the Approving Agent and in effect with respect to the Property. APPROVALS, VARIANCES AND WAIVERS. 1. So long as there is an Approving Agent it shall have the exclusive right to grant approvals required by the Restrictions and to waive or vary the Restrictions in particular respects whenever in its opinion such waiver or variance will not be detrimental to the intent and purpose of this Declaration. 2. After there ceases CO be an Approving Agent the owners of record of the land in the Property abutting upon -4- J 242 each Site shall have the exclusive right to grant ap- provals required i>y the Restrictions and the owners of record of two-thirds (2/3) in area of land in the Property within five hundred (500) feet of each Site (said area to be defined by a line parallel to the boundaries c'f each Site and located five hundred (500) feet therefrom) shall have the exclusive right to waive or vary the Restrictions in particular re- spects whenever in their opinion such waiver or vari- anre will not be detrimental to the intent and purpose of this Declaration. Any person having an interest in any Site may rely upon any instrument of record signed by the Approving Agent or after 'chere ceases to be an Approving Agent by the appropriate owners referred to above purporting to grant an approval or to waive or vary the Restric- tions in particular respects. Any construction, other than .exterior signs, driveways, parking areas, grading, landscaping, fences and screens, completed for more than three (3) months shall be deemed approved, unless prior to the expiration of such period a suit for enforcement has been commenced and notics thereof duly recorded. No owner of any Site shall be responsible except for violations occurring while owner. D. ENFORCEMENT. 1. All of the provisions herein contained shall run with the land and shall be enforceable at law and in equity. 2. So long as there is an Approving Agent it shall hax-e the exclusive right to enforce the provisions hereof/ without liability for failure so to do, except that each owner of record of land in the Property shall have the right to enforce the provisions hereof then applicable to any Site if the Approving Agent shall fail so to do within thirty (30) days after written request from any such owner. 3. After there ceases to be an Approving Agent, each owner of record of land in the Property shall have the right to enforce the Restrictions then applicable to any Site without liability for failure so to do. 4. (a) In addition to the right to proceed in equity for the enforcement of the Restrictions, in the event that tiit Restrictions are violated or breached, the ApprC'Ving Agent may, without liability for failure so to do, enter upon the Site of said violation or breach and take whatever action it may deem necessary to abate and remove noncon- forming uses or to otherwise effect compliance with the Restrictions, at the expense of the owner of said Sita, provided that the Approving Agent shall have given to the owner of said Site at least sixty (60) days' written notice of its intention to do so and said owner of said Site shall have failed to correct said violation or breach; and in such case said owner of said Site shall be responsible to reimburse the Approving Agent forthwith upon demand for all costs and expenses incurred in -5- •£> IV)'2oo L. 243 connection therewith ("Noncompliance Expenses") in accordance with the provisions of subparagraphD.4.(b) hereinDeiow. (bj In order to provide for the implementation of the provisions of subparagraph D.4.(a) above, each owner of any Site within the Property by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in any such deed or other conveyance, is and shall be deemed to covenant and agree to pay to the Approving Agent an assess- ment for any Noncoapliance Expenses incurred by the Approving Agent in connection with such owner's Site. (1) The Approving Agent shall maintain accurate books and records reflecting any Noncompliance Expenses, and shall provide each owner of an affected Site a statement with respect thereto. Each affected owner shall pay any Noncompliance Expenses applicable to such owner's Site within 10 dayiS following the rpceipt of such Statement. If such statement is deposited in the United States mail in the State of California, duly certified or registered with postage prepaid and addressed to the owner affected thereby at his Site, the same shall be deemed received by such Owner 72 hours after such deposit. (2) Any Noncompliance Expenses assessments, together with such interest thereon and costs of collection thereof as provided hereinbelow, shall be a charge on the land and shall be a continuing lien upon the Site against which such assessments are made.The lien shall become effective upon recordation of a notice of claim of lien as provided herein. This assessment, together with such interest and costs, shall also be the personal obligation of the person or entity who is the owner of such Site at the time when the assessment, or any portion thereof, fell due and shall bind his heirs, devisees, personal representatives, successors and assigns. However, the personal obligation . shall not pass to his successors in title unless expressly assumed fay them. No owner may waive or otherwise escape personal liability for the assessment provided herein by nonuse or abandon- ment of his Site. (31 If any Noncompliance Expenses assessment or any portion thereof is not paid within -10 days after the due date it shall bear interest from the date of delinquency at th'e then legal rate, and, in addition to all other legal and equitable rights or remedies, the Approving Agent may, at its op- tion,: bring an action at law against the owner who is personally obligated to pay the same, or, upon compliance with the notice provisions set forth, hereinbelow, to foreclose the lien against the Site, and there shall be added to the amount of suth assessment or any portioi) thereof, the interest thereon, all costs and expenses, includ- ing reasonable attorney's fees, incurred by the L -6- ro '5ooCO-J Approving Agent in collecting the delinquent assessment. In lieu of judicially foreclos- ing the lien, the Approving Agent, at its option, may foreclose such lien by proceeding under a power of sale as provided hereinbelow, such a power of sale being given to the Approv- ing Agent as to each and every Site for the purpose of collecting assessments. Each, owner vests in the Approving Agent, its suc- cessors or assigns, the right and power to bring all actions of law or lien foreclosure against such owner or other owners for pur- poses o:E collecting delinquent assessments. (4) No action shall be brought to foreclose the lien, or to proceed under the power of sale, less than thirty (30) days after the date that a notice of claim of lien, executed by the Approving Agent, is recorded with the San Diego County Recorder, said notice stating the amount claimed (which may include interest and cost of collection, including reasonable attorney's fees), a good and sufficient legal description of the Site being assessed, the name of the record owner or reputed owner thereof, and the name and address of the Approving Agent as claimant. A copy of said notice of claim shall be deposited in the United States nail, certified or registered, and postage prepaid, to the owner of the Site. (5) Any such sale provided for above shall be con-ducted in accordance with Sections 2924, 2924 (b) and 2924(c) of the Civil code of the State of California, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other nianner permitted or provided by, law. The Approving Agent shall have the power to bid on the Site at the foreclosure sale, and to acquire and hold, mortgage and convey the same. (6) Upon the timely curing of any default for which a notice of claim of lien was recorded by the Approving Agent, the Approving Agent is hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting owner of a fee to be determined by the Approving Agent, but not to exceed Twenty-Five Dollars ($25-00), 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 been incurred. (7) The assessment lien and the rights to fore- closure and sale thereunder shall be in addi- tion to and not in substitution for all other rights and remedies which the Approving Agent and its successors and assigns may have here- urider and by law. -7- i 1 245 (8) The lien of the Noncompliance Expenses assess- ments provided for herein shall be subordinate to the lien of any deed of trust or mortgage now or hereafter placed upon any of the Sites within 1-he Property subject to such assessments; pcovided, however, -that cueh subordination shallapuly only to the assessments which have become due and;payable prior to a sale or transfer of such Site pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Site from liability for any assessments there- after becoming due, nor from the lien of any such subsequent assessment. (c) The Approving Agent shall have the right to prose- cute a proceeding at law or in equity against any person or persons who have violated or are attempt- ing to violate any of the Restrictions, to enjoin or prevent them from doing so, to cause said vio- lation to be remedied and/or to recover damages for said violation. (d) The result of every a.ction or omission whereby theRestrictions are violated in whole Of in part ishereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity in nuis- ance shall >e available to the Approving Agent. (e> In legal or equitable proceedings to enforce or to restrain a violation of the Restrictions or any provisions hereof, the losing party or parties shall pay the attorneys' fees of the prevailing party or parties in such amount as may be fixed bv the court in such proceedings. (f) All remedies provided herein or at law or in equity shall be cumulative and not exclusive. (a) Failure by.the Approving Agent to enforce the Re- strictions or any provision herein contained shall in no event be deemed a waiver of the right to do so thereafter. (h) The Restrictions are enforceable to the extentnet prohibited by applicable statute, ordinance, regulation!or other law. Invalidation of any one • of the Restrictions or any provision herein con- tained bv -judgment or Court order shall not affect any other Restriction or other provisions, each of which shall remain in full force and effect. 5 The Restrictions shall continue to remain in full forceand effect at all times with respect to all the Prop- erty and each part thereof, now and hereafter made sub- ject thereto (subject, however to the right to amend and -epeal as provided for herein) for a term of thirty (30) years from the date this Declaration is recorded. However, unless within one (1) year prior to the expi- ration of said thirty (30) year term there shall be recorded an instrument conforming to the provisions of paragraph 6 hereinbelow directing the termination of NJ -8- ? ITHIIIIMWI GO CO CO MMBuJ I the Restrictions,1 the Restrictions as in effect im- mediately prior to the expiration date of said thirty (30) year term shall be continued automatically with- out any further notice for an additional period of five (5) years and thereafter for successive terms of five (5) years unless within one (1) year prior to the expiration of any such five (5) year period the Restrictions are terminated as set forth below in paragraph 6. 6. This Declaration, the Restrictions or any provision contained herein may be terminated, extended, modi- fied or amended JLS to the whole Property or any portion thereof with the written consent of the owners of ccventy-five percent (75%) of the Property based on the number of square feet of the Property owned as compared to the total number of square feet of the Property subject to the Restrictions, with each owner receiving one vote for each square foot of Property owned; provided, however, that so long as the Approving Agent owns at least twenty-five percent (25%) of the Property subject.to the Restrictions or for a period of fifteen (15) years from the effective date hereof, whichever period,is longer, no such termination, ex- tension, modification or amendment shall be effective without the written consent of the Approving Agent thereto. No such termination, extension, modification or amendment shall be effective until a proper instru- ment in writing has been executed and acknowledged and recorded in the County of San Diego. EXECUTED this y of 1974. CC£F PALOMAR PROPERTIES, INC. 11 i! -9- _J SraBSST.iSs- =_™_m«1, ,.,,,„„,,.,. 247 STATE OP CALIFORNIA COUNTY OF /) SS, before me, the undersigned, a notary Public in and for said State, personally appeared (~z>/!flY >/. /~ht-uJ:--\<j_^) _ known to me to be the i\J /C-/..T (//? c_President, and_ _ known to me to be ,-y .s.-s/ a/V7/v?y Secretary of the corpcration 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 instrument pursuant to its by-laws or a resolution of its board of directors . WITNESS ray hand and official seal. / ';' ,.,._ Name (Typed or Printed) BAMAftA U. MlKOUKB tamrt MMMkm MtiMMt cwxrrr My Cnijmlalte inam Au». it. -10- CO COCO LEGAL DESCRIPTION That portion of Lot "G" of Rancho Agua Hedionda in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said County, described as follows: Beginning at the closing corner common to Sections 22 and 23, Township 12 South, Range 4 West, San Bernardino Meridian, according to United States Government Survey, in the South line of said Rancho Agua Kedionda; thence along said South line North 89*27'10" West, 2613.56 feet to an intersection with the centerline of the 100.00 foot Right of Way described in deed to San Diego Gas & Electric Company, recorded April 15, 1954, in Book 5205, Page 420, of Official Records; thence along the centeriine of said Right of way North 42°38'40" West (Deed = North 43C08'53" West), 460.39 feet and North 33°01'39" West (Deed = North 39"32'53M West), 2562.03 feet to an intersection with the centerline of the 100.00 foot easement, County Road Survey 1534 (Palomar Airport Road), filed in the Office of the County Engineer of said County, described in deed to the County of San Diego recorded February 16, 19(50, as Document No. 31686, Series 1, Book 1960, Official Records said intersection being a point in the arc of a 1200.00 foot radius curve concave Southwesterly to which a rac '.al line bears North 27°27I50" East; thence leaving said 100.00 foot Right of Way along the centerline of said Read Survey 1534 Southeasterly along the arc of said curve through a central angle of 23e30'05" a distance of 492.21 feet; thence tangent to said curve South 39e02'05" East, 391.54 feet (Road Survey 1534 = South 39°02'30" East, 391.51 feet) to the beginning of a tangent 1200.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 49"01'43" a distance of 1026.85 feet; thence tangent to said curve South 88"03'48" East, 1722.22 feet (Road Survey 1534 = South 88°04'08" East, 1721.98 Feet) to the beginning of a tangent 1000.00 foot radius curve concave North- westerly; thence Northeasterly alony the arc of said curve through a central angle of 49°55t44" a distance of 871.52 feet; thence tangent to said curve North 42e00'08" East, 1893.60 feet,to an intersection with the most Southerly line of the land designated "Palomar Airport" on record of Survey Map No. 6493, filed in the Office of the County Recorder of said County; thence leaving said centerline along the boundary of said "Palomar Airport" as shown on said Record of Survey Map No- 6493, North 79°41'24" East, 128,.89 feet to an intersection with the Southeasterly line of San Diego County Road Survey 1534-66, on file in the Office of the County Engineer of said County, said intersection being a point in the arc of a nontangent 1937.00 foot radius curve concave Southeasterly to which a radial line bears North 40<140'30" west: thence leaving said most Southerly line Northeasterly along the Southeasterly line of saifl Road Survey 1534-66 and the arc of said curve through a central angle of 4°34'22" a Distance of 154.59 feet; thence tangent to said curve Horth 53°53'52" East, 9'31.S8 feet to an intersection with the Southerly boundary of the above mentioned "Palomar Airport"; cliejice leaving said Souhheasterly line Of Road Survey 1534-66 along the boundary of said "Palomar Airport", North 79"42'00" .'East, 1016.14 feet to the Northwest corner of land conveyed to Systems Capitol Corporation by deed recorded November 17, 1972, as Document No. 309096 of Official Records; thence leaving the EXHIBIT "A" Page 1 of 2 rCO/Co ' CO CO _J 7 2*9 boundary of said Palomar Airport along the boundary of said Systems Capitol land the following courses South 39°38'41r/ West, 361.33 feet; thence South 24"47'36" West, 307.33 feet; thence South 13010'59" West, 263.66 feet; thence South Oe35'i4" West, 687.81 feet; thence South 81°51'05" East, 358.00 feet to the beginning of a tangent 500.00 foot radius curve concave Northerly; thence Easterly aloncr the arc of said curve through a central angle of 30"45'38" a distance of 268.44 feet; thence tauyent to «ui<J curve North 67°23'17" East, 573.06 feet to the beginning of a tangent 500.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 30°45'38" a distance of 268.44 feet; thence tangent to said curve South 81e51'05" East, 38.00 feet to the Southwest corner of said Systems Capitol land; thence leaving said Systems Capitol land, South 81°51'05" East, 59.67 feet to an intersection with the East line of the aforementioned lot "G"; thence along the East line of said I,ot "G" South 8"07'51" West, 1443.35 feet to corner No. 2 as shown on the aforementioned Record of Survey Map No. 6493; thence continuing along said East line South 27°21'08" West, 1319.98 feet to corner No., 1 of said Lot "G" as shown on said Record of Survey No. 6493; thence along the South line of said Lot and said Rancho Agua Hedionda, North 89°26'40" West, 3052.63 feet to the POIKT OF BEGINNING. EXCEPTING from the above described parcel of land that portion thereof conveyed to the County of San Diega by deed recorded March 12, 1970 at rile/Page 44690, Official Records, of said County. EXHIBIT "A" Page 2 of ?.ro COCO COto X.35G7.X- DESCRIPTION 2SO PARCEL "A" That portion of Lot "G" of Rancho Agua Hedionda in the County of l£ Diego, State of California, according to «ap thereof No. 823, filed in the office of the County Recorder of said County, des- cribed as follows J corner common to Sections 22 and 23,°esocording to United States! Government Survey, in the South o° said Rancho Agua Hedionda; thence along said South line North 89« 27' 5r West 2613. 5fi!. feet to an intersection with the center- SL. of S* ioo!oo foot iaight of «*f f-^^f S SKnieao Gas & Electric Company, recorded April 15, 1954, in BOOK ?205 SL 420? of Official Records; thence along the center line f °'*a Ifoht of Way North. 42" 38' 40" V!es.t(Deed=North 43" 08' !^e1t?f 460?39 fL? °S5 North 39» 01- .39"; Weat(Deed=SOr-^ 39" 32- 53" West), 2562.03 feet to an intersection with the center- line of the 100.00 foot easement, County Road Survey 1534 (Palon^r . ASoort Road) , filed in the Office of the county Engineer of said Jounty! detcriied in deed to the County of San Diego recorded February 16, 1960, as Document No. 31696, Series 1. Book I960, Official Records; said intersection being a point an the arc of a S§o?So footSdius curve concave Southwesterly to which a radial line bears North 27° 27' 50" East; thence leaving said 100.00 foot Riant of Way along the eenterline of said Road Survey 1534 South- easterly along thl arc of said curve through a central angle of 23- 30' 05" 'o. distance of 492.21 feet; thence tangent to said curve South 39* 02' 05" East, 391.54 feetfRoad Survey 1534»South 33» 0?' 30" East, 391.51 feetjto the beginning of a tangent 1200. 00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 49 01 43" a distance of 1026.35 feet; thence tangent to said curve South 88' 03' 48" East, 1722.22 feet (Road Survey 1534=South 88 0V 08" East, 1721.98 feet) to the beginning of a tangent 1000.00 foot radius curve concave Northwesterly; thence Northeasterly;' along the arc of said curve through a central angle of 49 56 04 n ai^tance of 871 52 feet; thence tangent to said curve North 42 00* 08" East! Sw.CO fert to an intersection with the >nost South- erly line of the land designated "palomar Airport" on Record of Map L 6^3, filed in the Office of the County Recorder County; thence leaving said eenterline along the bound- B g. EXHIBIT "A" i of 3 00CO •L mnA esi ;;» a radial line bears North 40" 40' 30" West; thence leaving said most Southerly line Northeasterly along the Southeasterly line of said Road Survey 1534-66 and the arc of said curve through a. central angle of 4° 34' 22" a distance of 154.55 feet; thencetangent to said curve uoarai 53° S3* 52" East, 737.13 feet? thence leaving said Southeasterly line North 55° 01' 13" East 255.14 feet to an intersection with the Southerly boundary of the above mentioned "Palomar Airport"; thence along said Southerly bound- ary North 79" 42' 00" East, 1004.64 feet to the Northwest cor- ner of land conveyed to Systems Capital Corporation by deed re- corded November 17, 1972 as Document No. 309096 of Official Re- cords; thence leaving said boundary of said "Paloinar Airport" along the boundary of said Systems Capital land the following courses;South 39° 38' 41" West, 361.33 feet, thence South 24° 47' 36" West, 307.33 feet; thence South 13° 10' 59" West, 268.66 feet; thence South 0° 35' 14" West 687.81 feet; thence South 81" 51" 05" East 358.00 feet to the beginning of a tangent 500.00 foot radius curve concave-! Northerly; thence Easterly along the arc of said curve through a central angle of 30° 45' 38" a dis- tance of 268.44 feet; thence tangent to said curve North 67° 23" 17'" East, 573.06 feet to the beginning of a tangent 500.00 foot radius curve concave.Southerly; thence Easterly along the arc of said curve through a central angle of 30° 45' 38" a distance of. 268.44 £eet; tfcence tangent to said curve south 81° 51' 05" East, 38.00 feet to the Southwest corner of said Systems Capi- tal land and the'Westerly line of County of San Diego Hoad Survey1800-1 on file in the Office of the County Engineer of said County; thence leaving said Systems Capital land along said Westerly line of Road Survey 1800-1(El Camino Real) South 8° 08' 55" West, 975.69 feet to the beginning of a tangent 1755.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 28° 54' 35" a distance of 885.52 feet; thence tangent to said curve South 37° 03' 30" West, 1042.08 feet to an intersection with the above mentioned South line of Rancho Agua Hedionda; thence leaving said Road Survey 1800-1 along said,South line North 89° 261 40" West, 2701.13 feet to the Point of Beginning, Said Parcel of land contains 337.739Acres. m L_ EXHIBIT "A" PAGE 2 Of 3 K> €2ooto 232 PARCEL "B" « That portion of Lot "G" of the Rancho Agua Hedionda in the County of San Diego, State of California, according to Map thereof No. 823 tiled in the Office of the County RecorderO£ said County, described as follows: Commencing at the closing corner conroon to. Sections 22 and ,' 23, -Township 12, South,Range 4 West, San Bernardino Meridian, according to United States Government Survey, in the South line of said Rancho; thence along said South line South 89° 26' 40" East, 3052.63 feet to Corner No.l of s&id Lot "6" and the True Point of Beginning; thence retracing North 89° 26' 40" 'Host, 239.54 feet to an intersection with the Southeasterly line of County of San Diego Road Survey 1800-1, on file in the Office of the County Engineer of said County; thence leaving said South line along the Southeasterly line of said Road Sur- vey 1800-1(El Camino Real]North 37° 03' 30" East, 975.48 feet to the beginning of a tangent 1845.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 18° 34' 36" a distance of 5S8.19 feet to an intersection with the East line of said Lot "G", a radial line to said intersection bears South 71° 31' 06" East; thence leaving said Southeasterly line along said East1 line South 8° 07' 51" West, 136.73 feet to Corner No.2 of saidLot "G"; thence continuing along said East line South 27° 21' 08" West, 1319.98 feet to the True point of Beginning. Said parcel of land contains 2.998 Acres. EXHIBIT "A" PAGE 3 of 3 CO COoo CO 1 f 1147 DECLARATION OF SUPPLEMENTAL COVENANTS AND RESTRICTIONS BOOK 197' RECORDED REQUEST OF TITte INSURANCE ft TRUST CO. DM31 859llH'M HBEHSSS*RECORDER $5.00 WHEREAS, CC S F PALOMAR PROPERTIES, INC., a California Corporation, (Owner), previously recorded certain Covenants and Restrictions on property described in a document recorded on October 1, 1974, as File/Page No. 74-263897, .Official Records in the Of f ice of the Recorder of the County of San Diego, State of California; and WHEREAS, Owner has recorded a Final Subdivision Hap on a portion of said property; and WHEREAS, Owner desires to supplement said Restrictions by adding restrictions on certain lots of said Final Map, NOW, THEREFORE, Owner declares that the following res- trictions are placed on the below described property for further- ance of a plan of subdivision, improvement and sale and of enhancing and perfecting the value, desirability and attractive- ness of the described property and every part thereof. Lots 1, 2, 3, 4, 12 and 13 of Carlsbad Tract No. 73-49, CC fi F Palomar Airport Business Park No. 1, in the City of Carlsbad, County of SanDiego, State of California, according to Hap thereof Ko.&oS'V filed in the office of theCounty Recorder of San Diego County, California, 1. No building shall be constructed on lots 3, 4 or 12 of said Tract unless the owner of the lot upon which the building is to be constructed has complied with, or agreed in a manner satisfactory to the City to comply with the requirements for that particular lot of the City of Carlsbad for installation of street lights not closer than 200 feet, and sidewalks, lights and walks to be adjacent to El Camino Real. KNAur ua tor OUAMSIOI. GUJPmdllA 1. 1148 2. No building shall be constructed on lots I, 2 or 13 of said Tract unless the owner of the lot upon which the building is to be constructed has complied with, or agreed in a manner acceptable to the City to comply with the requirements for that particular lot of the city of Carlsbad for installation of street lights not closer than 200 feet adjacent to Palomar Airport Road on property located within the jurisdiction of the City of Carlsbad. 3. These restrictions are enforceable at law or in equity by the Owner so long as it owns any interest in the Tract of which the above lots are a part. 4. The restrictions set forth herein shall also be enforceable by the City of Carlsbad if the lot restricted is adjacent to public property owned by, or under the control of, the City. 5. The above restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in the described lands or any part thereof. 6. The restrictions shall continue to remain in full force and effect with respect to the lots above described for a term of ten years from the date this Supplemental Restriction is recorded. Executed this //2&iay of December, 1974. OWNER: CC S P PALOMAR PROPERTIES, INC. By ICMT. vtrrwn KNAUr MM LOV 1149 STATE OF CALIFOBNIA ) ) S3County of Los Angeles } V On this jjjth day of December _ » 1974, before me, the undersigned, a notary public in said State, personally appeared Charles B. Kendall _ , known to me to be the Vice President, and Robert Ebbert known to me to be the Assistant Secretary of the corporation that 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 board of directors. WITNESS my hand and official seal. OFFICIAL SEAL CLAUDIA 0. LITTLE NOTAAY PUBMC • CAUF08NM PRINCIMl OfriCC IN M»CowfliilonLipl'mOcU7, MM Notary PublicClaudia D. Little uw omen ornnr. i/rrrw KHAUF AHB tlOV •10 MIHION AVBHUB 3. ATTN. OF J. «•' •aW'OT-fioo GAS & ELECTRIC COMPANY, a corporation hereinafter called "Permittor," hereby grants to M1LTOU E. BLACK AMD ALLEN CHAIKIH, collectively, hereinafter referred to as "Permittee," permission to use and occupy that portion of Permittor's gas transmission line right of way, hereinafter called "Permit Land" and more particularly represented, depicted and described on Exhibit "ft," attached hereto and made a part hereof. The permission hereby granted shall be subject to the follow- ing terms and conditionsi 1. Permittee is hereby given permission to cross the Permit Land with a 1-inch and 3-inch plastic irrigation line and place, in accordance and in conformity with Exhibit "A" attached hereto, and by this reference made a part hereof, a part of a 16-foot wide access road. The access road is to be improved in the following manneri (a) surface grading not to exceed 4 Inches; (b) road bed base material not to exceed 1 Inch in thickness* (c) oil penetrate road surface only with sand or gravel cover? (d) the surface of the access road is never to be paved with asphalt (hot or cold) or concrete; (e) Permittee shall not subject the access .road to use by heavy or construction vehicles or operating equipment. Permittee shall be fully responsible for the mainte- nance and repair of the Permit Land. The grant of permission contained in this paragraph constitutes the Bole permission of pprmittee to use the Permit Ljlnd, and no use inconsistent with sjaid grants shall be made of the Permit Land' without Permit tor's written permission. I I '..^•^•'••<r:wv7&-?.'*'^t-\.-:-:iy^ 2. Permittor shall have the right to enter the Permit Land at any time for the purpose of constructing or installing new facilities and for the purpose of replacing, repairing or maintain- ing existing facilities. Permittee agrees that Perralttor shall not be held responsible or liable for any injury or destruction of Permittee's property or Installations located upon the Permit Land in any way arising from or out of Permittor 'a exercise of the herein reserved right of entry, except Permittor will backfill any excavation and restore any damage to fences across the Permit Land but will not replace the oil penetrate substance; 3. The provisions of this Permit are conditional upon the right of the Perralttor to commence or resume the use of the Permit Land whenever in the interests of its service to its patrons or consumers It shall appear necessary or desirable to so do as provided by General Order 69-B of The Public Utilities Commission of the State of California. 4. In the event that, at any time, it shall become necessary for Permittor to enter upon the Permit Land pursuant to General Order 69--B of the Public Utilities Commission of the State of California or for the purpose of constructing or Installing any facilities thereon, or replacing, repairing or maintaining exist- ing facilities, and such entry would, in the sole opinion of Permittor, necessitate the removal of Permittee's improvements, in whole or in part, Permittor shall have the right to remove all of Permittee's Improvements without liability, with exception of fence removal and replacement, for any loss or damage occasioned by said removal. _ 3_ ) 5. Any notice herein referred to shall be given by the addressing of a communication by Permittor to Permittee andmail- ing the same by United States mail to Permittee at Permittee's addresst 342 Amalfi Drive, Santa Monica, California, 90402. 6. Any assignment or attempt to do so shall be void and confer no rights to any third party. Any third party use of the access road the user does so at his own risk and without recourse .to Permittor. 7. This Permit shall inure to the benefit of and be binding upon the parties hereto, and their respective heirs, legatees, devisees, personal representatives, executors, administrators, successors, and assigns, as fully and to the same extent as though specifically mentioned in each Instance, except in those instances where in this Permit it is otherwise expressly provided, and all covenants, conditions and provisions herein contained shall extend to and bind any and all successors and assigns of this Permit. 8. This Permit is made subject to the conditions, restric- tions, reservations and rights contained in Permittor's prior gas transmission line right of way affecting the Permit Land, as recorded July 13, I960, File/Page Ho. 141160, Series 1 Boole 1960 of Official Records. 1163• • ' .-«- . '' IN WITNESS HEREOF, Fermittor, SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, has caused this Permit to be executed by a proper officer thereunto duly authorised and Permitted have hereunto set their hands thla £#& day of $ff<f(nd>Sf~~'. SAN DIBGO GAS & ELECTRIC COMPANY, a corporation C 1 1 •9 1 U MIL LICON, 1154 STATK OF CALIFORNIA, J County of San Diego I December -4.D., 10_ZA_, oefore me, the undersigned, a NotaryPublicinandJorc!!idCountyandState,residingtkerein, duly commissioned and sworn, personally appearedR. E. Morris __, known to me to be lf" Senior Vice Preaident, andV. J. Karnea , known to me to be "" Secretary ?f San Diego Gas ft E3,actrio Connamr the corporation that executed the within instrument, and hnoum to me to be the persons, who executed the withininstrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to it> By-Lows or o Resolution of its Board of Directors. IN WITNESS wnncQt±Llwifj!00unto set my hand and affixed my official seal the day and year in this cortift- LANAS NOTARY PUBLIC principal Olllce. Sin Olego Co. Cilll (Seal)-.Notary Public in and for said County and State FOM 111-1740 STATK OF CALIFORNIA, . County ol San Diego. ' ON THW.—latWoy of Pagamtio-r. A.D., J9_34_, before me, the undersigned, aNotary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appearedHobfi-rt ff. BaumgjjT-toTi known to me to be the person whosf name is subscribed to the within Instrument, as a Witness thereto, who being by me duly sworn, deposes and says that he resides inSan DjBflQ. California and that he was present and *taa M-n-tmi B tpnfflf nnfl, AUen Challtlnhnouin to him to be the same person.^uihote name-_ .v ...... .v „. ..... ...— ,within and annexed Instrument, execute and deliver the same, and * he •? nftnnaiimig^ to said affiantthat t ht y executed the same; and that said affiant subscribed his name thereto as a Witness. IN WITNESS WHBlEor. I have hereunto set my hand and affixed my official seal the day and year in this certifi-first above written. LEE BLANAS NOMillY PUBLIC Principal Cllico, Sin Oleao Co. Calll M» Commtojlon fapliw Hmmtai 5. I97S (Seal). Notary Public in and for said County and State T 'I ,Ajr at I* * • .660 BOOK 1977 HECOROiBREQUEST OF CLERK JUN I II 08 ftM'n •SANO'lftiHIiMJNIv.i-i. jf WHEN RECORDED RETURN TO: !IA;VLJ;V KitjyH M-.flilSCcn City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 NO (Space above" this line for Recorder's Use) AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS AMENDMENT is made and executed as of the ! day of )')) <£,{-.{. , 1977 by Paloraar AirportyBusiness Park, a California general partnership ("PABP"); WITNESSETH: WHEREAS, a Declaration of Covenants and Restrictions _. _ (the "Declaration") was recorded October 1, 1974 at-File/Page No. 74-263897, Book 1974, Official Records of San Diego County, California covering certain real property in the County of San Diego, State of California, more particularly described -therein (the "Property"); and WHEREAS, the Declaration subjects the Property to mutually beneficial restrictions under a general plan of improvement for the benefit of the Property, the improvements thereon and future owners thereof; and WHEREAS, PABP owns seventy-five percent (75%) of the Property based upon the number of square feet of the Property owned by PABP as compared to the total number of square feet within the property; and WHEREAS, PABP desires to amend the Declaration in accordance with Paragraph D.6. thereof in order to add the City .of Carlsbad as an..entity which will exercise-control over ' variances to the restrictions contained within the Declaration; ' NOW, THEREFORE, PABP hereby amends the Declaration as follows: I. 661 1. The following is hereby added to the Declaration as Subparagraph A.5. thereof: "5. 'The City1 shall mean the City of Carlsbad, County of San Diego, State of California." 2. The following is hereby added to the Declaration as Subparagraph C.5. thereof: "5. Notwithstanding anything to the contrary con- tained in this Paragraph "C", no waiver or vari- ance of the restrictions shall be effective until such time as the City has been provided with a copy of a detailed variance- request, delivered by registered mail, return receipt requested, setting forth the intentions and reasons in res- pect of the proposed variance and until the City has ten (10) days within which to advise the Approving Agent that it disapproves such variance, provided that such disapproval shall be exercised in good faith by the City. The Approving Agent shall not grant a variance hereunder until either the ten (10) days referred to above has passed without comment from the City in writing or until the City has delivered to the Approving Agent a written approval of the variance." 3. With regard to Subparagraph D.2t. of the . .Declaration, the following words are hereby inserted at the end of the third line thereof: "the City and/or"; and at the end of said Subparagraph, the words "or the City" are hereby added thereto. 4. With regard to Subparagraph D.3J of the Declara- tion, the following words are hereby inserted following the words "Approving Agent" in line 1 thereof: "the City or". 5. With regard to Subparagraph D.6, of the Declara- tion, the following language is hereby inserted following the word "thereto" in the fourth line from the bottom of said Subparagraph: "provided, however, that no such termination, extension, modification or amendment shall be effective without the written consent of the City thereto." -2- TO 19-*5 CA 18.74) (Corporation) STATE OF CALIFORNIA • COUNTY OF SAN DIEGO n, 5-27-77 663ss. TITLE INSURANCEAND TRUST ATICQR COMPANY State, personally appeared Robert C. FjTazee known to roe to be thp MAYOR known to me to h* Depty City Clerk 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 instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. _before me, the undersigned, a Notary Public in and for said Signature OFFICIAL SEALSHEILA B. TARVIN Notojy PubfcCo.'Ifcrn/a SAN DIEGO COUNTYmm(sfi(on Expires Nov. 24 1978ea . „ ' (This area for official notarial seal) I- 663 IN WITNESS WHEREOF, this Amendment to Declaration of Covenants and Restrictions is executed as of the date first above written. PALOMAR AIRPORT BUSINESS PARK By.- MB-PALOMAR, INC., a general partner STATE OF CALIFORNIA ) )SS. COUNTY OF On }1a^j & ^siA i 1977, before me, the undersigned, a Notary Public itf and for "said State, eersonally appeared Akio Kato, known to me to be the df.fi,is^asi**f of MB-PALOMAR, INC., the corporation that executed the wi thip Instrument , known to me to be the person who executed the within Instru- ment on behalf of the corporation therein named, said cor- poration being known to me to be one of the partners of PALO- MAR AIRPORT BUSINESS PARK, the partnership -that executed the within Instrument and acknowledged to me that such corpora- tion executed the within Instrument as such partner and that such partnership executed the same. WITNESS my hand and official seal.- • ••• '''''- NOTARY PUBLIC 811 .W. 6th ST.. LOS ANSELES, CAUF, SSO AGREED TO AND APPROVED THIS %7&i-DAY OF -YMjauL^t- , 1977. - • —7- THE CITY OF CARLSBAD By_ Its Mayor By its Dei%y.Gitv'.:eTgrk";:. . r O" -' -•• .-.;' ••' .• . .' : (The Acknowle4'giB^ii.t,;fpi'}t!he City is to be attached.) -3- WHEN RECORDED, RETURN TO;. -J98 Rxcharc C. Mallory, Esq. 800 Wilshire Boulevard, llth Floor Los Angeles, California 90017 APPOINTMENT CERTIFICATE I INSURANCt I JUNS7 IMAM7? W'lOMk KtWUPi(Ml OIIM CClWtT, MUT. 53.0u The undersigned, CCsF PAI.OMAR PROPERTIES, INC, hereby appoints CC6F PALOMAR AIRPORT BUSINESS PARK, a California general partnership, as its successor as "Approving Agent" under that certain Dsclaration of Covenants 2nd Restrictions recorded on October 1, 1974 at File/Page No. 74-263897 commencing at Page 238 of Official Records of the County of San Diego, State of California (the "CCSRs"). The undersigned hereby grants to CC&F PALOHAR AIRPORT BUSINESS PARK the exclusive right to approve pl'jns and grant vari- ances as set forth in the CC&Rs in Paragraph A.l(c) and to per- foim all other acts as "Approving Agent" under said CCSFs. IN WITNESS WHEREOF, this Appointment Certificate has been executed as of the «** day of /Ln/vJt _ , 1977. ~u CT CCiF PALOMAR PROPERTIES, INC. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELESW On ~3tAt*r f£ / 1977, before me, the undersigned, a Notary Publiy in'and Ttor said State, personally appeared JAMES W. KENYON, known to me to be the Vice President of CCSF PALOMAR PROPERTIES, INC., the corporation that executed the within Instrument, known to me to be tho person who 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 board of directors. WITNESS my hand and ofeficial^seal. r ?n fC*co 2 nCC r Cc 2 rt 00 n\n0XI0m ' . 493 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: O'Melveny t Myers 611 West Sixth Street Los Angeles, California 90017 Attention: Lawrence Preble, Esq. 77-252979 RECORDED M$li«T OF TITU INSURANCE & TRUST CO. OJPIOWU. MeflBW MN OIIOO COUNTY, CAW. HMltV f. BMOM. ttCSIWBI .55.00 AMENDMENT OP DECLARATION OP COVENANTS AND RESTRICTIONS ANU APPOINTMENT OF APPROVING AGENT THIS AMENDMENT is made and executed as of the day of February, 1977, by CCSF PALOMAR PROPERTIES, INC., California corporation ("CCsF, Inc."), and by CCSF PALOMAR AIRPORT BUSINESS PARK, a California general partnership ("CCsF Palomar"); HITNESSETH; WHEREAS, a Declaration of Covenants and Restrictions (the "Declaration") was recorded October 1, 1974, Recorder's File No. 74-263897, Official Records of San Diego County, California, covering certain real property in the County of San Diego, State cf California, more particularly described therein (the "Property"); and WHEREAS, CC&F Palomar owns seventy-five percent (75%) of the Property based on the number of square feet of the Property owned by CCSF Palomar as compared to the total number of square feet within all of the Property; and WHEREAS, CCSF, Inc. is the "Approving Agent" under the Declaration, as said tern is defined in Paragraph A.(1) of the Declaration; and WHEREAS, CCSF, Inc. and CCSF Palomar desire to amend the Declaration in accordance with Paragraph D.6. thereof in order to appoint a new Approving Agent; NOW THEREFORE, CCSF, Inc. and CCSF Palomar hereby amend the Declaration as follows: 1. Paragraphs A.I.(a), (b! and (c) are deleted in their entirety, and the following language is substituted as a new Paragraph A.I.(a): "(a) CCSF PALOMAR AIRPORT BUSINESS PARK, a California general partnership, or its successors and assigns appointed as Approving Agent by a recorded document." 73m S'73 O» o m O °r> Oc A.I.(B). 2. Paragraph A.l.(d) is renumbered as Paragraph )?! m < -< I mtoOI 73 Exhibit 15 500 3. Aside from the revisions set forth herein, the terms and provisions of the Declaration shall continue to be in full force and effect. IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above written. CCSF PALOMAR AIRPORT BUSINESS PARK, a general partnership By: CC4F PALOMAM, a Partnership, a Partner By CCSF PALOMAR PROPERTIES, INC., a.California corporation, a Partner of CCSF EALOMAR By CCSF PJU.OMAR PROPERTIES, By_ O-nTl r» 70m oy> to Z O m Oo r» Oc•z. -3 00I—O O 8 70 O 2. SCI STATE CF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. On lt. / ?r / ff 7 7 . 1977, before me, the undersigned, a notary public in and for said State, personally appeared totlj*.b &.{•*>/><& l^ , known to me to be''nd 4*404]- Jffi.**? t . known to CCSF PALOMAR PROPERTIES, the me to be the 1 INC., a California corporation /the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation; said corporation being known to me to be one of the partners of CCSF PALOMAR, the general partnership that executed the within instrument and known to me to be the corporation which executed the within instrument on behalf of said partnership; CCSF PALOMAR being known to me to be a general partner of CCiF PALOMAR AIRPORT BUSINESS PARK, the general partnership that executed the within instrument, and acknowledged to me that CC&F PALOMAR executed the same as such partner and that such partnership executed the same. Witness my hand and offici ,Notary/Public STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On !?/'< /?,/??? , 1977, before me, v.--e undersigned, a'Notary Public in and for said State, personally appeared Oa#4*A £.f*/&t ~ I*-' , known to me to be the Viie known to me to be ..ki JIMMi— -fetSfjatjS 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 instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. O•n ^nn 73mr»O 73O» O O o Ocz - 73 t—m -<1 r" CP O O ' n ^O 70