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
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20
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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
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SSl
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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-
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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.
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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
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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
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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
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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.
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(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
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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
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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
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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
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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"
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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.
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EXHIBIT "A"
PAGE 2 Of 3
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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
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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
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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
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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.
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' . 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."
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A.I.(B).
2. Paragraph A.l.(d) is renumbered as Paragraph
)?! m
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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_
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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.
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