Loading...
HomeMy WebLinkAboutCT 77-18; BROWN, LESTER; Tentative Map (CT)Receipt No. APPLICATION NO. CARLSBAD TRACT CITY OF CARLSBAD (Please Type or Print); Date:' 2- (977 1. REQUEST: Tentative Subdivision Map for: (Land division - air space division - combination land and air space division) 2. LOCATION: The subject property is generally located on the ttiEr side of JEfZEZ between f3RA..tp4 1 and 3. ASSESS"ORS NUMBER: Book Z-k' Page 1-0 Parcel 3,4 4.S - Book Parcel (If more, please list on bottom of page). 4. OWNER(S): Name Address City ZipPhone C,eSTea 2cxut _eIJR.('12e'_t& ?76-775,5 5. Person responsible for preparation of Map Name Address City Zip Phone MLStop GoRGE e-. c.u;Th tZ4 Registration or APPLICANTS SIGNATURE: • application is true; acd tat al sdard conditions as I hereby declare that l.l nformatj ncontainewjthjn this indicated on the attace have been read, understood and agreed to. . Name Address City Zip Phone G.c. L.-1 C,9eS Representing (Company or Corporation) b.'TURUEYL 1STLF.-, Cit VVIM OIL -r-u- rt r 13 The 4u-0 ç2i4 -r--t Relationship to Property Owner(s),iAL,AG,1_ The. City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning 'Stages of the' proposed development. In an effort to aid the .applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing timer ATTACHMENTS: Supplemental Information Form - Planning 20 Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 Preparation Check List - Planning 33 Procedures - Planning 36 J rov-1-4 9 ktjL a7r FORM: Planning 8 D te of Planning Commission. Appro val a AME I First American American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 . (714) 238-1776 Insurance Policy No. 755112-11 NOTE: THIS CONTAINS IMPORTANT INFORMATION ABOUT THE REAL ESTATE TRANSACTION YOU HAVE JUST COMPLETED. READ IT AND RETAIN IT WITH YOUR OTHER VALUABLE PAPERS PERTAINING TO THE PROPERTY. The real estate you have purchased is protected with a policy of title insurance issued by First American Title Insurance Company. This is your guarantee of ownership. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within two years, FIRST AMERICAN TITLE WILL REDUCE THE USUAL POLICY RATE -- ZO per cent. To be sure you obtain this savings, you should request the escrow officer to forward this letter to us with the order for title insurance. We appreciate the opportunity of serving you and will be glad to assist you in any way, remembering that PROTECTION OF YOUR PROPERTY IS YOUR FIRST CONSIDERATION, AND OURS. W. G. Blackstone Regional Vice President ç AMER1 Form No. 1084 (10/73) 0 California Land Title Association Standard Coverage Policy Form Copyright 1973 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY PRESIDENT ATTEST SECRETARY Bi 74855 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Com- pany may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, de- visees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (I) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re- serving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ii) any I governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an in- sured in Schedule A. (e) "knowledge": actual knowledge, not con- structive knowledge or notice which may be im- puted to an insured by reason of any public records. (f) "land": the land described, specifically or by reference in Schedule C, and improvements af- fixed thereto which by law constitute real property; provided, however, the term "land" does not in- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (a) CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt- edness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under, exclusive of costs, attorneys' fees and ex- penses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness plus interest thereon, as deter- mined under paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insure1 mortgage at the time of acquisition of such estate-or interest in the-land; or (iii) the amount paid by any governmental agency or instrumer.tality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3 DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever re- quested by the Company, such insured shall give the Company, at the Company's expense, all reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as in- sured, including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE - LIMITATION OF ACTION In addition to the notices required under Pare- graph 3 (b) of these Conditions and Stipulations, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam- age, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. - 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of, insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as hereinprovided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obligation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance as defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- ness, plus interest thereon, provided such amount shall not include any additional principal indebted- ness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any loss insured against by this policy, all costs im- posed upon an insured in litigation carried on by (Continued on inside back cover) Form No.1084 - A CLTA Standard Coverage Policy Copyright - 1973 SCHEDULE A intg Total Fee for Title Search, Examination and Title Insurance $ 607.25 Amount of Insurance: $ 180, 000. 00 Policy No. 755112-11 Date of Policy: June 23, 1977 at 8:00 A.M. 1. Name of Insured: LESTER BROWN TURNER, JR., Trustee, or Successor Trustee, under Declaration of Trust dated January 24, 1973, as may be amended from time to time. 2. The estate or interest referred to herein is at Date of Policy vested in: LESTER BROWN TURNER, JR., Trustee, or Successor Trustee, under Declaration of Trust dated January 24, 1973, as may be amended from time to time. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: FEE Form No. 1084 — B ; 0- CLTA Standard Coverage Policy Copyright - 1974 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented miring claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See items 1 thru 3 attached 1. General and Special taxes for the fiscal year 1977-78, a lien, not yet payable. 2. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded March 10, 1970 as File No. 43138 of Official Records. Said instrument provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made for value. 3. A Deed of Trust to secure an indebtedness of $190,000.00, recorded June 23, 1977 as File No. 77-248535 of Official Records. DATED: June 20, 1977 TRUSTOR: LESTER BROWN TURNER, JR. TRUSTEE UNDER DECLARATION OF TRUST DATED January 24, 1973 TRUSTEE: FIDELITY & GUARANTY COMPANY, a corporation BENEFICIARY: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation p. Form No. 1056.4 All Policy Forms SCHEDULE C The land referred to in this policy is situated in the State of California , County of San Diego and is described as follows: Lots 359, 360 and 361 of LA COSTA UNIT NO. 5, in the County of San Diego, State of California, according to Map thereof No. 6600, filed in the Office of the County Recorder, March 10, 1970. 0 . INDORSEMENT Attached to Policy No. 755112-11 Issued by First American Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a. m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse- ment is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxi- mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding ex- ceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, re- duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Constructiorr Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. First American Title Insurance Company BY PRESIDENT BY ASSISTANT SECRETARY E 1 11 S $' :* SEPTEMBER 24, : '0 L ii NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. FA - 11 (9.30-74) Owner Inflation 0 . INDORSEMENT Attached to Policy No. 755112-11 Issued by First American Title Insurance Company This Indorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorsement the term "residential structure" is defined as the principal dwelling structure located on said land together with all improvements thereon related to residential use of the property except plantings of any nature, perimeter fences and perimeter walls, and the term "Insured Owner" is defined as any insured named in paragraph 1 of Schedule A and, subject to any rights or defenses the Company may have had under said Policy and all indorsements, such insured's heirs, distributees, devisees, survivors, personal representatives or next of kin. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any statutory lien for labor or materials attaching to said estate or interest arising out of any work of im- provement on said land, in progress or completed at the date of the policy, except those liens arising out of a work of improvement for which the insured has agreed to be responsible. b. the removal of the residential structure or the interference with the use thereof for ordinary residential purposes as the result of a final Court Order or Judgment, based upon the existence at the Date of the Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any ease- ment shown as an exception in Part II of Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub-lease, or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential struc- ture; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. C. damage to the residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. First American Title Insurance Company BY PRESIDENT BY ASSISTANT SECRETARY f! •, '4. PL14 , ,i • .; SEPTEMBER 24, 19 CLTA Form 126.1 (6-5-75) One-Four Family LA COSTA SOUTH UNIT NO ffw~MwMlW S4LE. j-. ; I j I .%' 363 368 '4 359 H527VW -- M. ;i / ' A T,t1 of So Oo / . SHEET 4 OF 6 SHEETS 1 SO S%4 '-- - 375 'A t 374 Alf .. 1 -WA ax 373 / .-. A d 4 r 372 7 367 ! 369 2' - ;5v11$ \ ' --- / - p - Soon e — - h : 357ØttP ¶ - . •OfJDITIONS AND STIPULATIONS• (Continued from inside front cover) the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should resu It from any act of such insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY - This instrument together with all endorse- ments and other instruments, if any, attached here- to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this policy. POLICY OF TITLE INSURANCE ç AMEj -I First American Title Insurance Company HOME OFFICE: SANTA ANA CALIFORNIA 1/ 4 4 WT CITY OF C. LSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 729-1181 RECEIVED F DATE ADDRESS A/C. NO. DESCRIPTION AMOUNT V 17 9. co TOTAL - CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008 729-fl81 - RECEIVED FRO M./JJ} DATE / 77 0 &~' ~11 040-;J ~'5 . A/C. NO. DESCRIPTION AMOUNT JO rx TOTAL 1 I SUPL1ENTAL INFORMATION FORM Is SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN SPECIAL USE PERMIT 1. Gross Acres (or square footage if less than acre)1.( AC. - 2. Number of Lots' 3. Type of Development (Residential, Commercial, Industrial) 4. Present. Zone -'2-3_Proposed Zone__________________ (if change requested) 5. General Plan Land Use Designation____________________________ 6. Source o.f Water Supply t30 ..t. $1. 7. Method of Sewage Disposal ST1I 6 '(J.C..ft 8. Types of Protective Covenants to be Recorded__________________ 9.. Transportation Modes Available to Service the Development_______ 10. If residential development please complete the following: a) School District Serving the property t.icu- ('i*s rrRrL.,— SAW De-&c' _U., _4 t b) Are school facilities capable of serving this project:____ • - MJ LTrEc? (4A& (Written confirmation of this requirement must be • received by the Planning Department at least one week prior to Planning Commission hearing. If not received by this time the request will be denied.) 11. •Methods proposed to reduce sound levels ¶LLJ-ttISLLAçD ,2LP()tP-PG_*{L't.1LkJMA 1 '. L&):iC pw r--b'efL cLQE CUIUS. '(C, 2A1tG- (S ( 12. Methods proposed to conserve energy 11i ML i.eo _R -vi ctucr -v AALCIZO-WAVE 6JW. Additional sheets may be attached if necessary to answer any of the above questions. 4-8-75 FORM P1nni ng2O Date of Planning Commission Approval I . I STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps. This time limit can.only be extended by the mutual concurrance of the applicant and the City. By accepting applications for tentative maps concurrently with other applications, in an attempt to speed up the overall, pro-. cess, the fifty (50) day time limit is often exceeded. If you wish to have your application processed concurrently, this agreemen.t must be signed, by the applicant or his agent.. If you choose not to sign the statement, the City will not accept your application for the tentative map until all prior necessary entitlements have been pro- cessed and approved. In either circumstance, the City will process your request within the earliest time period, however, in no circumstance shall this delay be greater than 150 days from the' day of submittal of appli- cation. The undersigned understands that the processing time required by the City. may' exceed fifty (50) days, therefore the undersigned agrees to extend the fifty (50) day processing limitation and fully concurs with any extensions of time up to one hundred and fifty (150) days that may be required to properly review all of my appli- cations in order that the environmental impact report and any other prerequisites to this application may be processed concurrently. '-i-, o re Date \j Grra A.& L a fj ie (Print) . Relationship ttApplication (Property Owner-Agent) 0 FORM Planning 37 Date of Planninq Commission Approval STANDARD CONDITIONS CITY 0 CARLSBAD *ENTATIVE SUBDIVISION MAP• Subdivision and development shall meet all requirements of the subdivision, zoning, building codes, and General Plan and other laws, ordinances or regulations of the City of Carlsbad, and other governmental, agencies. Some of the more pertinent requirements and procedures of the City are listed below. for your information and concurrence. Please read this list carefully and feel free to ask for further information or explanation. 1. Final Map shall be completed within 18 months from the date of final City Council action on the Tentative Subdivision Map. Two extensions of one year each may be approved by City Council upon staff review of the original decision. 2. The Final Map shall substantially conform to the Tentative Subdivision Map. If otherwise, the Final Map will be rejected and new Tentative Subdivision Map hearings will be required for the revised plan. 3. A11 public, improvements shall be made in conformity with the Subdivision Ordinance and other City Standards, to the satis- faction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. -' 4. Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. , 5. Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. 6. The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 7. Street trees, as required by the City, shall b.e installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks • Department concerning the requirements of this condition. 8. A detailed grading plan which includes proposed drainage and erosion control landscaping and for other measures such as desilting basins shall be approved by the City Engineer prior to Final Map. 9. Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall .be installed. This control may be the final landscaping, if so app-roved'. 10. A detailed landscape and sprinkler plan shall be sub- mitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas re- quired by the-City. 11. Prior to final building inspection clearance, all land-. • scaping shall be installed or -adequate bonding accepted. Said landscaping shall be maintained in a manner accept- able to the Planning Director. any type whatsoever shall be plans thereof have been approved City may modify these conditions more specific nature, The sub- 1ifications or additions by 12. No signs or advertising of erected or' installed until by the City of Carlsbad. As part, of the approval process,. the r. add others, especially those of a divider will be notified of these mo Resolution. Form Planninq 28 Date of Planning Commission Approval PREPARATION CHECK LIST TENTATIVE SUBDIVISION MAP A. Documents Required for Submittal y —T. Application with supplemental information sheet completed. •2- -Time extension agreement signed, if desired. --3-. Photostatic copy of deed with complete legal description of subject property or other form of description acceptable to the Planning Director. 4- Twenty-eight ozalid prints of the Tentative Subdivision Map. -5--fl Environmental Impact Statement or Report with Fees (if required). .6. Fee for tentative subdivision map: 200.00 + $5.00 for each lot between 1 - 25, + $3.00 for each lot between 26 - 100, + $1.00 for each lot over 100, Extension 1100.00 and Revision $100.00. 7. . Street name list for new streets (3 names for each street in conformance to Street Name Policy or one name chosen .from approved Street Name List for each street). 8. 300 Foot Radius Map - A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered. and correspond with the property owners' list. The scale of the map may be reduced to a scale acceptable to the Pianning Director if the required scale is impractical. 9. Property Owners' List - A typewritten list of the name and address of all property owners within 300 feet as noted on the property owner map. This list must be accurate and taken from the latest equalized assessment roll on file in the office of the Assessor of San Dieoo, 1600 Pacific .Highway, Room 103, San Diego, California 236-3771. B. Drafting of Tentative Subdivision Map . 1. . Sheets -to be 24"x 36' with 1" border (Standard "D" size) 2. Scale to be indicated: 1" = 80' is generally sufficient, however, the scale is to be appropriate for sheet size V 3. North arrrow oriented to top or left side of sheet. 4. Lettering must be legible. It is preferred that it be • drawn by mechanical means, in ink, and heavy upper case. 5. • Location map. showing the distance to the center line of • the nearest intersection. V 6. . Title block with name of subdivision, name and address of subdivider and drafter and pertinent information such as number of lots, total acreage and date prepared. V 7. • Name and address of registered Civil Engineer. 8. Carlsbad Tract Number, placed top right portion of sheet. C FORM Planning 33 First Page •1 C. Information on Map 1. Existing adjacent public rights-of-way, showing dimensions and distance from property line to center line. v 2. Location of existing improvements, pavement, curbs, side- walks, etc. - 3. Easements; type and location. 4. Location and dimension of all proposed public rights-of-way. 5. Radii of street curves. 6. Location and dimension of all public or private easements. 7. Location of rail road tracts within 300 feet of site. 8. Location and description of existing utilities. 9. Proposed streets to be labeled by alphabetical letters. 10. Grades of all proposed streets 11. Topographic contours at two-feet intervals, with indication of manufacturing slopes. v 12. Elevation of proposed building pads or sites. 13. Lot lines and dimensions 14. Lots to be numbered. 15. Location of watercourse or areas subject to flood. 16. Location of proposed storm drains or other means of drainage (grades and size). 17. Location of existing building and structures. 18. Locationof existing trees within both private and public lands. 19. Street sections (may be submitted on separate sheet). 20. Delineation of development phasing. Form - Planning 33 Date of Planning Commi .. :. . •. S . PROCEDURES 1) Application to Planning Commission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application in its. various stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, written or telephone communication is acceptable. 1t is the responsibility of the applicant to make the initial contact for such meeting. 2) Submittal: Application will be accepted only if the applica- tion, plans and other pertinent materials are complete. enerally, the date application will be heard will be deter- mined by the submittal date as indicated within the approved 1anntng Commission calendar. 3) Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, staff report completion dates, and Plan- fling Commission hearing dates. You may acquire this calendar at the Planning Department. 4) Staff Review: On the date as indicated on the Planning Commission Calendar, City Staff conducts a review meeting on all items on the Planning Commission agenda. The applicant is invited to attend and to explain the project and respond to staff preliminary recommendations. Upon completion of this review, Staff will pre- pare final staff recommendations to be submitted to the Planning Commission. The final report with recommendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon prior to the Planning Commission meeting date). 5) Hearing: The Planning Commission meets every 2nd and 4th ednesday of the month at 7:30 p.m. or as indicated on the Planning Commission calendar. Depending on the type of appli- cation, the Planning Commission will either make a finding and forward to City Council or make final action. 6) Appeals: Final action by Planning Commission may be appealed to the City Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. 7) Final Decision: The City will notify the applicant and property owner of the final decision. FOR4: Planning 36 Date of Planning Commission Approval 4-8-75 POOR QUALITY ORIGINAL (S) 4 —a / I When n. ,.-,.. .,. L....... ... flnncho ti Cstn. Tnc. Cotn (181 Mnr Ilnr' Rancho Ln Cost, Calif. 92008 - I ttn: Mr. Butt Kramer CC&R281 3/70 - DECLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS LOTS 330 through 410 of LA COSTA SOUTH UNIT NO. 5 THIS DECLARATION AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS made this 1st day of July, 1969 by LA COSTA LAND COMPANY, an Illinois corporation, duly qualified and authorized to transact intrastate business in the State of California, hereinafter referred to as 'Declarant". - WITNESSETH: - WHEREAS, Declarant is the owner of a certain tract of land in San Diego County, California, more particularly described as follows: - Lots 330 through 410 of La Costa South Unit No. 5, according to Map No. 6600 filed in the Office of the County Recorder of San Diego County, California, March 10, 1970 and filed as Document No. 42915 and WHEREAS, it is the desire and intention of Declarant to sell the property above described, and to Impose on it mutual, beneficial restrictions for the benefit of all the land in that tract and the future owners of those lands. NOW, THEREFORE, know all men by these presents: Declatant hereby declares that said lots, all parcels and portions of said La Costa South Unit No. 5 are held, and shall be held, transferred, - hypothecated,, sold, conveyed or encumbered, leased, tented, used, occupied - and Improved, subject to the covenants, conditions, restrictions, reservations, conditions subsequent with reversion and charges as follows, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of said land and every part thereof. All of the limitations, restrictions, conditions and covenants shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in the 8 described la ?d or any part thereof . r!6_ OF - . TITLE r:::R''J.E f') 1LI'T ra'sv - - -( - MAI 10 3 5d'70 - '1OOl97O - - OFFC&LiECtfi I SAN DIFC.'7 tars -, -. iT L - j,,0• 1f ,--...........................---'- - - r -I CC&R 281 3170 ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION 1 • • :. -.1 The property,subject to this Declaration is known as La Costa South Unit No. 5, and is ntore particularly described as: Lots 330 through 410 of La Costa South Unit No. 5, according to Map No. 6600 filed in the Office of the County Recorder of San Diego County, California, Morch 110, 1970 and filed as Document No. 42915 ARTICLE II DEFINITION OF TERMS 1. "Lot" means one of the numbered parcels of real property as shown on the map hereinabove referred to or any parcel or parcels Into which said property is split or shall be subdivided. 2. "Said property" means the property described in Article I unless the context and circumstances otherwise require. 3. 'Setback" means the minimum distance between the dwelling building or other sructure referred to and a given street or line. 4. "l3u1Jdlngslte" means a single lot as shown on said map, or as shown on any f ture final subdivision map, or as shown on a parcel consisting of conti uous portions of any two or more contiguous lots, or all of one lot and arts of one or more lots and adjacent thereto; any such building site, how ver, is subject to the prior written approval of the Architectural Co mittee. 5. "Str means any Street, highway or other thoroughfare shown on said map, whe her designated thereon as street, avenue, boulevard, place, drive, road, terr ce, way, lane, circle or otherwise. 6. "B- Lots" are those lots described above as Lots 330 through 356, inclusive. • - - ARTICLE III USE OF PROPERTY 1. No art of the said property or any part thereof shall be sub- divided, laid out or improved by buildings, or structures, or Its physical -2- I cio L 11 A I • 'IL contours altered or changed, except with the approval of the Declarant with the written advIc. of the ArckitecturalConimtt't,e, so as to Insure a uniform and reasonably hIgh standard of artistic result and ettrsctivensss. In exterior and physical appearance of said property and Improvements. 2. Said iota or parcels shall not be subdivided or split Into lots of a lesser site that the alae of the original lots or pervets without the written consent of Deelatsid first had and obtalne4. 3. Said property shall be used for residential purpo...s only and no building shall be t*cted, constructed, altered or maintained on said lots or any part thereof ther than a dwelling for a single family (Including guests and household servants) with customary and suitable outbuildthga as permitted by law and the Architecture! Committee except that as to 11-2 and 11-3 lots a two-family dwelling (including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architecture! Committee, and except further as to 11-3 lots multlpl& single family dwslling units (Including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee, provided that no such 11.3 lot shall be occupied by more than one dwelling unit per 1, 000 square feet. 4. No horse., cattle, cows, goats, sheep, rabbits, bares, reptile., or other animals, pigeons, pheasants, gam, birds, game or other birds, fowl or poultry shall be raised, kept or permitted upon said property or any part thereof, except that dogs and ents and other household pets may be kept provided that they are not kept, bred or raised for commercial purpose' or in unreasonable Iuantittes and provided that they do not become ,& nuisance to the owners ofj or occupants of said property and that, although horses may not be kept, stabced or ,naintsinid, they may be permitted on the premises, S. No part of said property shall be used for the purpose of drilling thereon for, or producin g therefrom, water, oil, gas or any mineral cubstance, teclarant hereb3 reserves all crude oil, petroleum, gas, brea, ssplialturn and all kindred subs ances end other minersis under and in said land, : •1- ' k00 / CC&R 281 370 _I' • . .----•---- .. s-r'i-r •th I . • / CCU 261 3/70 . . 7 . . - '3> G. No noxious or offenive trade or Icttvity shall he carried on upon said property or any part thereof, nor shall anything be done or main- tamed thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No television antenna or antennas or unsightly objects, poles or wires shall be permitted on the root of any dwelling or other billdlng; and, in the case of television antennas, the owner otthepropirtymay, at his option, hook on to the underground television antenna system which Declarant may cause to be. installed. 8. Said real property and the building site* included therein are subject to such easements and rights-of-way for erecting, constructing, - maintaining and operating public sewer., and poles wires and conduits for lighting, heating, power, telephone, television and any other method of conducting and performing any public or qpa.it-public utility service or function beneath the surface of the ground, as such sasenients and rights.- of-way are more particularly set forth in said map. 9. Dacia rant* hereby reserves the right to make any and all Cuts and fills on said property owned by it and on the building sites included therein, and to do such grading as in Its Judgment may be neclisary to grade steets and building sites designated or delineated upon said map of said prorty or any pert thereof. . tO. No mail box detached frost, the d**lthtg structure which.tt is Inten'ied to rerve shall hi installed or maintained unless Its proposed sLai shape, color, design and location is first approved by the Architectural Committee, it. No utility area or drying yard shall be constructed or maintained. . on the property unless a plan therefor shall be tint submitted to the Archt- teetural Committee and the latter shill determine that such plan appropriately provides for screening said area or yard from exterior view. 12. No residential buildings shall be constructed or maintained on the property without suitable carport or garage and off-stredt parking spaces, N? 43138: .4. ...................... ......... • 0 • • -. r-- - . T _______________________ I • •• :. ( CC&R281 3/70 41 the else, location, color and dsaLKn of w.hichlha.11 first bI*pptowadbyth*. • Architectural Committee. In lily event, each dwelling b1tftt1:SM!It.bS, provided with minimum of. permanently ,mstAtsined off-stre et. parkth •' Spaces in S parking ares or private garages of two (1) r*rtflt UpC0. tor each dwelling unit, one of which *hall be in a wpt 13 No *atsr softener shall hO instaUld 0* tntl fP* it • connection .wtth any building on the property whi . Into the seWage system of the property $nd *ui A-4 & from exterior view. The typot wst•r iotCn.rInè Shall first -be sppr ved by said chttactur&t ft4 . ARiICL.11 . . .: CHARACTER OF eV1Lt#A 1. No re.td.ntlal building-may be IMbL&O*' !t*tflttnOd-ôfl ifty of said proplriy except Multiple sIngle family dWlllEuE., t*b'fathtty dwItti#if and single family dw*Uthgs, with private. Uputt*n.dt (arOO4 40d èi*tAi outbufldtiigs. No building.hall exceed men 4 i*è MO!tH tn. h 01' thirty-five fet In height, whlchtv4f tO iaea4. . . 2. No trailer, outho4AI. jaragi, eaátà. 1E44 at .j on-r- buildings of any kind shall be erected-or i*v*1 it1tni â.tIh ii i- ildlnj . tite prior to the erection of the p11n11tLl dw4fl10 b* how*ver, that the condition h*ifn cOt1tOtiiO A*i 6A ,66 dóbEt'udd 6' p4440 the temporary construction *nd mAthenOnd.I by 41'ft *jistI Of ...... buildings or IniproveinOrtl on said p1'o1'Eàà-***8 I,41ftt7 Or coriIaMt ... In the development of the Iubdl4t4ón4 . • . • • . 3. The work. of conItructflk 44 rSuldOtièO or buddot ihsü b* . • prosecuted diligently andcentinuoui1 -from thi odrt4rneñcOmnt thir*dt.jnttt the same is completed, •Afl ItructurO IblilbO áuItibIy $Oited, colorOd or • • Stained lmmsdiitsly upon cp1itto6. . • .:' • 4. No 91410 t&iMty 41flnj IIiIIt be iriet4, flep* on odd ifld •• • • . trregular-shep,d lots, which ShstI iceS a "r .40#4 tOó4iO, OtctdlteS . . of porch.. srd garage.. Of iiós thOn 1300 014"tOt óUt thi i'tGt- . 46 • . :. • -1. F • 1O I L T 4—I•-- • •V 'V V V V V. cc&R 281 30 V V V V •V V V Htten ptuiluion of the Prd4teetdrikl VCOn1 mfttl*. NO d*sUlng unit OfVIIy •• V rsildentwbuldinLco*VinlncmOr.U)an unit V thill b4h .reetid,eOnvèit.d oyconatructed on .attprop**'ty *lIitbVCb$fl V V floor 044tr4, i0ot t'e ii of cMÔ and Of laki WA V V V V V 1000 I4uri feet withoUt thi prior 4'4tti prmiiiIdn of the ATCMt*étr*1 • V V V V Cdiimitt*.; V •VV V 5. Ob4tAVO*OCtlOOP VV V onto itfy V e obdg V VV •: V A rchititt4tal ia(iO. V V e. o•heió tr*flS*', uvtng ii.tley, house e&t OP V boat OP bdetttIf101. shall be pèrkid on any road Or bufldtng site either V V V V temporarily or permanently, or shall any such motor viMçle not capable of being operated be prk*d fOr longer.thaa forty-sight 14e) h0'.1VOUtPid* of a pP&g* On any lot or building site. Othir th&O cl*tomal7mithtsnanee V V V V work 1r4 minór smergensy repairs. there ahsU be Or peinting. psinting V mechanical COrk doni on any tot or building slti1 1. Declarafli aeii have the right it All tiilte$ tO Pnt,y on a1 $y V V V '' 'M VOt houdini Villa that is. vacant or dhAmt6d or 4ntSfl*MS4b7 thi oèñli V V thiPlof, aftiPrtin*bi*fl6ttc* to the e*nSrI the*Oof. sfld to . I tr&rn, cut bock rerhOvO. P*Pl*c. and/or milntitnhodtei, tt*#ei ihrubs 6j. VV V flowéri on the area within *winty-five (25) fiSt Of *3' frOM or reCr or side Itni theP.o, md/ottO kSip cuIftv$tedVibd/Ot rSthOVi planti cit'an.portiO V V of any tot or building sites of said property. and bScIarint, or &r efficir O' V V V agent thereof, V ahati not thereby bsde*mSt$ (pity Of any manner Of tr*spes*. V V V hen the owner of c parcel or lot so planted or maintained by t'sclar*M shall give written notice to heclerant of hix Intention to imprevi the. aeme within V V thirty ($0) day, Diclarant mriy, within thirty ($0) days, and tbsres.ft.r oMll V work on said i nprafthIShts to tuttin•nced, Iranephal, reoto, or diI'po.e of any or all of tj Is plantings which may have been made by It. V V V ••VV VV •V V VV V VV V AATICLS V V V V • ' V V V V 1EIJCS • V V V V VV I.t o fend, *sll, hedge or coping shell be irict*4 asOret the V QbV V V V V V • • V • V VV•••V V V •V•VV.V V • ;•.• V.- • V •VV V '• • VVV • • H- : (I- f, CC&R 281 3,'70 •0 front lot lini 9an the front )lns of any dwelling which chatl have g greater height tht'n sli'(8)-feet sbov• the finished graded surface at . the groid upon which. It in locited. 2. ¶1 finçis from the standpoint of construriiona etyl., material, color and view shall -biiubjectto the prior written approval of the ArchltCctur$I Committee. lfecsu.e of tha topography of the land and particularly in connection with Iota which shall abut the golf course, such matters as th• obstructiOn of the view, el,vtiOn, height. architectural style and material* are of importance to au of the prospective owners of lots in the sudtv(a ion and therefore. for the protection 1of all owners, the prior * ritt.n approvel of the A rchit•cturei Committee is wqulrwd. ARTICLE VI SETACI(8 1. 1-to any Fl-t lot o'buildlnt within said tract eseepi a detached garage or other Outbuilding located to ths.resr of the main building shall-be located neartf than$ distance squat to ten percent (10%) of the eareg, width of the lo to any aide tot tinS, or a minimum of tin per cent (10,) of a'W averag:r1stor idth from the too of the elope. U one estate, and provided the elope Is no thin two to one - 2, As to any fl-i or P-3 lot. the dwelling unite may b* located to - within but no nearer than five (3) feet plus two and one-half (2-1!2) fist for each dwelling unit In excus of two (2) but not more than ten (10) feet to any aide lot' line. 3. r$one of the setback lines referred to in this Article shall apply to open porches, saved, bay windows, steps, chimneys, porte-coch.res, gates or gateposts, which, however, with the exception of ports-cocheres. gated and gateposts shall in no event extend more than Ctghtean (18) Inches Into the skIs Attbacks referret to In this Article. • ARTICLE VII SIGNS No !1i s or other advertising device of any character shall be *rotted or rntintiained upon any part of said property except that-(&) on any one lot -7. • - • • N? 43138\i, • -. • ai h5Md55 CC&R 281 3/70 1 4J or building site one sign, not larger than eighteen (18) b twenty-tour (24) 1J inches, advertising the property for sale or rent, maybe erected and main- tamed; (b) D.olsrantor Its agents may erect and maintain on said property such signs and other Advertising devices as it may deem necessary or proper In connection with the conduct of Its operations orthe. development. Improve-, mont, subdivision or sale of said property; (c) as to R-3 lots only one (1) sign visible from exterior of the buildings and designating onlythe permitted principal use of the premises, shall be allowed fronting each Street, provided that: (1) the color, lighting and style otthe sign has been approved by the Architectural Committee in writing; (2) no sign shall exceed twenty (20) square feet in area; (3) no sign shall be illuminated by changing or animtsd lights or aria. Any illumination employed shall be of an indirect nature. ARTICLE VIII A PPTtOV P L OP PLANS I, 'No building, fence, wail, polo or other structure shell be erected, constructed,. altered or maintained upon any portion of seid property unless a complete set of plans and specifications therefor, Including the exterior color scheme with s block plan indicating the exact location on the building site, shall have been submitted to and approved in writing by the A rchitectursl Committee ae hereinafter set forth, nor shall any building erected or con- structed elsewhere be moved onto any building site without the consent speci- fied by Paragraph 5 of Article IV. The approval of said plans and specifics- tiona may be withheld not only because of their non-compliance with any of the specific conditions and restrictions contained In this and other clauses hereof, but also by reason of th.sdiasstiafaction of the Architectural Committee with the rtyle, design appearance or location of the proposed structure or structures. At the time the building plans and specifications shell be submitted to the Architectural Committ.n for its approval, Use applicant shall pay a filing fee of Fifty Dollars ($50.00) breach plan submittedj -there shall he no additional fee payable in the event the building plan shell cover more than one lot.1 00 • - CC&R 281 3,70 .. The written approval of the Architectural Committee may be recorded in the Office, of the County Recorder of San Diego County, and shall be conclusive evidence of such approval. 3. The approval of the Architectural Committee of any plans or specifications submitted for approval, as herein specified, shall not be deemed to be a waiver by the Architectural Committee 'of-its right to object to any of the features or element, embodied in any subsequent plans or specifications submitted fdr approval as herein provided, for goo on any other building site, nor shall such approval be constr.d as in any manner modifying, altering or waiving any of the conditions or restrictions set out herein as to location or otherwise. 4. = if after such plans and specifications have been approved, the building, wall, fence or other structures shall be altered, erected or main- tained upon the building site otherwise than as approved by the'Archltactural Committee, such alteration, erection and maintenance shall be doomed to have been undertaken without the approval of the Architectural Cornmitte. ever having be*n obtained as required by this Declaration, 5. Any agent or any member of the Architectural Committee tray from time to time at any reasonable hour or hours enter and inspect any property subject to the jurisdiction of the Architectural Committee as to Its maintenance or improvements In compliance with the provisions hereof; and the Architectural committee or any agent thereof shall not thereby be deemed guilty of, or become liable for, any manner of trespass for such entry or Inspection. The Architectural Committee may Issue e certificate of completion and compliance as to any property so Inspected. 6. No alteration shall be made in the exterior design or color of any structure unless such alteration, including any additions, shall hive first been approved in writing by the Architectural CommitteS. 7, The Architectural Committee sh*Ucnsist of three (3) members who shall be appointed by the-undersigned Declarant. .. . .0 'TT CC&R 281 3/70 8. Until such time as I. hereinafter provided, Declarant shall have full power to remove any member of said Arcbit.ctural Committee and to make appointments to fill any v*csnci.s In the membership thereof. Any written instrument of appointment or removal duly executed by Duclarant may be filed with the County Recorder of Sap Diego County and such recordation shall impart to all persons of the matters therein set forth. F . A written approval of two (2) of the members of the Architectural Committee shall constitute an approval. if said Architectural Committee fails to epov. or rect anl plans _and !ctticat1ona vej_aubrn1.ted to it within thirty (30) days after submission to the Architectural Committee then noapproval shall be mec.ssarz If no action shall be filed, or notice of rejection recorded, by or on behalf of said Architectural Committee within thirty (0) days after notice of. completion shall be recorded covering the construc- tion, alteration or replacement of any structure, the filing of such notice of completion of record shall be conclusive evidence of the approval of such structure by the Architeqtural Committee. to. Declarant rnuy, at any time, at its option. relieve Itself of the obligation of appointing and maintaining said Architectural Committee by filing In the Offic, of the County Recorder of San Diego. a notice stating that it has surrendered the power, of appointment And maintenance of said Architectural • Corr,mitte• as granted by this Article and this Declaration, and upon recording of such notice said powers shall immediately vest In the majority of the property owsrns or In an aasoclatiOl3 of property owners if one has been formed by The property owners and is In existence. il. 14either Declarant, its successors or assigns, nor the Architectural Committee,' nr any member thereof, shall be held responsible for any loss or damage, nor be liable in any way whatsoever for any errors or defects which may or may not be shown on said plans or spectftcationis, or in any building or structure erected in accordance with such plans or specifications or otherwiqe. 12, or the purpose of making a search upon, or guaranteeing or insuring title to, or any lien on or interest in, any lot or portal of tald property 00 *to •:. vcm ,4 • __________ - ..• - w. •.. ,• CC&R2813/70 an for the purpoie of protecting purchasera and encumbrancers feri'sIue and In good faith as against the performance ornon-p.rformance of any of the acts In thts.Declsrston authorized, p.rmitt.d orto be approved by the Architectural Committee, the records of theArchitectural Cotn mitti. shall be prima facts evidence as to U matters shown by such records, and the issuance of a. • c.rtillcats of ccjniPl.tion and Compliance by the Architectural Committ•s showing that th4 plans and specifications for the improvements or other matters herein provided! for or authorized hse been approved and that said improvements • have been made In accordance therewith shall be prima facts evidence and shall fully Justify and 1 protect any title company or person, certifying, guaranteeing or insuring ssic title, or any lien thereon or any interest Therein, and shall also fully protect any purchaser or incumbrancer in good faith and for value In acting thereOn, as to all matters within the Jurisdiction of the Architectural Committee. ARTICLE tX CONSTRUCTION OF CONDITIONS AND RESTRICTIONS 1. fle determination by any court that any of the provisions of this Declaration or Sny port hereof, are unlawful or Invalid shall not affect the validity of the other provisions or remaining portion, hereof. 2. Damages are declared not to be adequate compensation for any breath of the. provisions of this Declaration D.clarsnt contemplating the enforcement of such restrictions as part of the general plan of improvements, and not d1uns.L for the breach of such restriction.. ARTICLE SCOP! AND DWtAflON OF cONDItION$1 R9Taic'rIOt4s • AND CI(AI(0E5 Mi of the conditions, restrictions and chkrgsl set forth in this Declaration are imposed up,n said property for the direct benefit thereof and of the owners thereof as part of the general plan at Improvements, development, building. occupation and natntInaneo hereby, and said conditions, reettletlons and thmrgo. shall $zti with the land and continue to be in Ml force and effect until -it. • • N? 43138 CC&R 281 3/70 . . . . •. January 1, 1 at which time said. conditions, restriction., and charges shall be automatically extended for successive periode of ten (10) ye.reuness by a vote of a niajority of, the owners of record of building sites it Is agreed to change said conditions. r.stricLons and charges, in. whole or pert by an metro- rnent In writing, signed by said owners, which shall be acknowledged by them lots to entitle It to be recorded In the Office of the Recorder of the County of San Diego, prided, however, The.prohthitlon. of Paragraph 2 of Article ill shsfl be perpetual upon all property for the mutual benefit qf.'every lot or building ilti therein, provided farther that upoa issuance of a California Division of Eel Estate's. Pabl.ts Itsport for a statutory condominium or planned unit ds1velopznsut and th.fUiag for recordation at a Notice of Completion thereof the provisions of Article VIII and Paragraphs 1, 3, 10, It and 12 of Article III shall. be of no further effect as to any part'*( said property referred to In said ruport and described in said Notice of Completion hid Declarant, Its successor or assign aliaU execute and deliver any documents neotesary to carry this provision into effect. A1tT!CLE.c1 E} PECT OF UREA CH 01 CONDITIONS AND RESTSICTIONS The conditions, restrictions and covenants hereby established shall operate as covenants running with- the land; and further. Declarant and/or the owner or owners of any lot or iota. Including arty bone tide purchaser under contract, in the event of a breach of any of said r,etrtctions, condition. and Covenants Oii continuance of any such breach, may bring approprlQt4l lgai proceedings, take steps to enjoin, abatl or remedy the same. Provided, however, that a breach of the foregoing conditions and restrictions shall not affect or render invalid the lien of any mortgage or deed of trust made for value which may then be a lien, or bicome a lien upon said property, but such conditions and rsstrictions shall be binding upon and effective against any owner, and heirs, d.yissee, executors, administrators, successors and assigns of any owner, whose title Is acquired, under and through any such mortgage or deed of treat by foreclosure. Trustos's sale or otherwise. -12- . N? 43138 ... e' • •• Cç&R 281 3/70 441: 4 ARTICLE XII • RICE? TO ENFORCE I. The prov-iaion* contained In this 1),1,krat*on shall bind and Inure to the benefit of apd be enforceable by Declarant, Its successors or sssigna, or lbs owners of any portion of said property, or their and elch of • their lilal reprsusntatives, babe, .uccuors or assigns; and the failure to •rforce any of each condition., restrictions or covenants herein contiined shill in no event be deenied to he aw&ivr o(the right to do so thereafter. 2. litany iepl.proe.dlng commencsd by anyone entitled to enfore., or restrain a violation of this Declaration, or any provision hereof, the ln.ln party or parties Abell pay the attorney's tees of the winning party or parties In such arnent an may be tta.d by the Court In lueb proee.dlnj. A RTIC 'I_E XIII AMENDMENT This Declaration or any part thereof may be am ended or supplemented by an instrument in writing subscribed by not lees than sixty-Cir and two-thirds per cent e-2316) 01 the owners of the property and filed for record in the Office of the County fleeok'der ci San Diego County. IN WiTNS$ WIflEO!, LA COSTA LAND COMPANY, a corporation, has caused its corporate name to be hereunto subscribed by Its officer., 0 thersunto duly authortald and Its corporate Seal affixed as of the day and year first hreinabov written. STATE OF CALIFORNIA) COUNTY OF SAN ,ss. DIEGO) LA COSTA LAN!) COMPANY On July 1, 1969, before me, the undersignedi a Notary public in and fur said State, personally appeared MERV JMELSON,.known.to me to be the By President, and BURTON L. KRAMER,known es •nt'/A. to me to be the Assistant Secretary of the corporation that executed the .. ) /•OOJ within Instrument, known to me to Ily the persons who executed the within AssistantS Instrument on behalf of the corpora- upuu' • tion therein named, and acknowledged , • '0 to me that such corporation executed the within instrument pursuant to its Mftbl) I.. ioi' I of directors. • uiij WITNESS my hand and official seal. Ski Vit,'.O 'Wrorf Mr Commisuion urn Aug. 7. Signatur S herd" corFy that this is a true anc CcT.çC1 copy of thejiinaL Title Officer