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HomeMy WebLinkAboutCT 78-01; ROBERT A. DUFFY; Tentative Map (CT)Receipt No, APPLICATION NO. CARLSBAD TRACT 7 -I CITY OF CARLSBAD (Please Type or Print) Date:L-7 - 1. REQUEST: Tentative Subdivision Map For: Azrrt 'ID( A i ?- SPACE D(15k0 (Land division - air space divisi6n - combination land and air space division) 2. LOCATION: The subject property is generally located on th'e side of LAcLorAA\)between ELCAM)oAL. andt CAS-1 LLLA WA'i' 3. ASSESSOR'S NUMBER: Book2-i, Page 310 Parcel 0 7 Book Page Parcel_ (If more, please list on bottom of page). 4. OWNER(S): NameAddressCityZipPhone L-I-4 \'LRt7 A LML1EC PA2m)E2-Ut o3Y A PUY _ 4__CA,)UO' (f7 46 j_rJ 5. Person responsible for preparation of Map Name Address Ci1y Zip Phone71 8OS TcALE_ST,cok)o1 A92o-s Registration or License No.: LS-2_804 APPLICANTS SIGNATURE: I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. Name Phnn Representing (Company orCorporation)AL-TA\JED /4 L_IMTEt_PTE H _P.,t2rA.I7FF-I', 1MEi2AL Relationship to Property Owner(s)t-'tft--r 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 äpporturui ty 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 time. ATTACHMENTS: Supplemental Information Form - Planning 20, Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 Preparation Check List - Planning 33 Procedures - Planning 36 IC'RM: Planning 8 1.a e oF Piirq Commission J-\pprovol POOR QUALITY ORIGINAL (S) CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008 729-1181 PECEIVED FROM DATE ' jj i / .. •1 A/C. NO. DESCRIPTION AMOUNT ,• r ,j /-.,•, __________ )4, ) ______ I C TOTAL .---'- I -- A/C. NO. DESCRIPTION AMOUNT 1'004'c / TOTAL U S • CITY OF CARLSBAD - 1200 ELM AVENUE 0 CARLSBAD, CALIFORNIA 92008 • 729-1181 • •. RECEIVED FROM DATE _/ /3 77 Snncc•cc d5 . P~7 a SUPPLEMENTAL INFORMATION FORM t SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN SPECIAL USE PERMIT 1. Gross Acres (or square fbotage If less than acre) 24,413 5c FT.. 2. •Number-of Lots' IL 0 T Co:.itci .)tlrv\ Q,utTS) 3. Type of Development (Residential, Commercial, Industrial) 4. Present Zone D/i_Proposed Zone _______77- (if change requested) 5. General Plan Land Use Designation ///(jT/-_/A/Y//C.._Y -' 6. . Source of Water Supply LE: /JCAd)A COOflT"r' A,AIR D1rR.zr 7. Method of Sewage Disposal 'avJeR 8. Types of Protective Covenants to be Recorded 9.. Transportation Modes Available to Service the Development O £J• 10. If residential development please complete the following: a) School District Serving the property 9L4 ,LL( ki)1J • (1 b) Are school -facilities capable of serving this project:____ sc (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 BE-TwE/V C/N/TS/5 -2 soy oth) 12. Methods proposed to conserve energy _ 57-A 5(4o.o to 7D E tuw j4j £4/?oAf' F C-U / I/I '/1N•fZ( _'1 717Z-e frV//VOOfrV 4'4 P— 'A1S u..A7iiA/ Additional sheets may be attached If necessary to answer any of the above questions. 4-3..75 FORM lnilng2O,.. Date of Planning Commission Approval . ~flij2 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 agreement 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 eithercircumstaflCe, 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. • , Name (Print) Relationship to Application (Property Owner-Agent) FORM Planning 37 Date of Planninq Commission Approval _____________ • . •••-•. •:. i:.., . Ordi No. zrvv 1 -, Esaav No. Loan No. 1.40 WHEN fORDED MAIL TO Nr. Robert A. Duffy 893 Et Green Street Pasadena, California 91106 fl4itC 15T1 C) rtax R1 MEBCAN TITLE . i L 4iM fl Afl DI EGO COUY,C&LIL HçCY.IQ4 fECOf:iA SPACE ABOV9. THM LINE COflO MAIL TAX ZkA STATEMENTS TO O VY _ 4ITFt! TA ' / — te tton or of w. ty WIt ( the r o.tV*fW.i #12 JS C of ' j GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby ecknow(edd, ROBERT A. DU'PY, a married ian as his sole and separate property horety GRT5 to ALTA VERDE, A 1iited partnership *he realpropenyin the City of Carlsbad County Of San Diego . Stat* of C3forn, dercifrd as Lot 7 of LA COSTA GREENS, County of San Diego, State of California, according to I4ap thereof No. 6708, filed in the Office of the County Recorder of San Diego August 18, 1970. 3 'I I 1977. DjdqA- 1TP. OF CAUFOMIA 5*. LO EUS 450 id fr J - as ci4 - u'rr 'V 91 • • . f Recorded at Request of 7O and When Recorded, Return to: DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS This Declaration is made this day of 1977, by ALTA VERDE, a partnership, here- inafter referred to as "Declarant". W I T N E S S E T H: WHEREAS, Declarant is the owner of that real property situated in the County of San Diego, State of California, described as: Lot 7 of La Costa Greens, City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6708 filed in the Office of the Recorder of San Diego County on August 18, 1970, which is hereinafter referred to as the "Property", and WHEREAS, Declarant has filed or will hereafter file a plan with respect to the Property in the office of the County Recorder of San Diego County, in accordance with Section 1351 of the Civil Code, which said plan is hereinafter referred to as the "Condominimum Plan," and WHEREAS, Declarant is about to sell and convey separate and tenant in common interests in the Property, and before selling and conveying any of such interests, desires to subject all of said Property to certain restrictions for the protection and benefit of Declarant and all future owners of such interests in the Property; NOW, THEREFORE, Declarant hereby makes the following declaration as to division, easements, rights, liens, charges, covenants, restrictions, limitations, conditions and uses to which the Property may be put, hereby specifying that such declaration shall constitute covenants to run with the land and shall be binding on the Declarant, its successors and assigns, and all subsequent owners of all or any portion of the Property, together with their grantees, successors, heirs, executors, administrators, ,devisees or assigns. ARTICLE I DEFINITIONS Section 1.1 "Living Unit" means those portions of the Property shown and defined as such on the Condominium Plan recorded by Declarant with respect to the Property. / Section 1.2 "Common Area" means all portions of the Property other than the Living Units. ) Section 1.3 "Condominium" means an:estate in real property consisting of an undivided interest in common in a 1 /'portion of a parcel of real property, together with a separate interest in space in a residential building on the real property. / Section 1.4 "Association" Means ALTA VERDE HOMEOWNERS .1 \ASSOCIATION, a California non-profit corporation. Sedtion1.5 "Owner" means the owner of record, whether one or more persons or entities of fee simple title to any Condominium which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. -2- a ARTICLE II INTEREST IN COMMON AREA Section 2.1 The undivided interest in the Common Area hereby established and which shall be conveyed with each respective Living Unit is one-twelfth (1/12). The undivided interest established and to be conveyed with the respective Living Units cannot be diminished, and Declarant, its successors and assigns, and grantees, covenant and agree that the undivided interests in the Common Area and the fee titles to the respective Living Units conveyed therewith shall not be separated or separately conveyed, and each such, undivided interest shall be deemed to be conveyed or encumbered with its respective Living Unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the Living Unit. Section 2.2 The proportionate shares of the separate owners of the respective condominiums in the project and common expenses of the Common Area shall be one-twelfth (1/12). ARTICLE III USE OF LIVING UNITS AND COMMON AREA Section 3.1 Each Living Unit shall be improved, used and occupied for private single-family dwelling purposes only. Section 3.2 Each garage area shall be used for the storage of two (2) automotive passenger vehicles only, and no truck, camper, trailer, boat of any kind, or other single or multi- purpose engine-powered vehicle other than a standard automobile shall be parked on the Common Area or in any garage area, except temporarily and solely for the purpose of loading and unloading, without the prior approval of the Board of Directors of the Association. I -3- Section 3.3 No part of any Living Unit shall be occupied or used for any purpose or in any manner which shall cause such improvements to be uninsurable against loss by fire or the perils of the extended endorsement to the California Standard Fire Policy form, or cause any policy or policies representing such insurance to be cancelled or suspended or the company issuing the same to refuse renewal thereof. Section 3.4 Not exceeding two (2) usual and ordinary household pets (exclusive of caged birds) may be kept on any Living Unit, provided that such pets shall not be allowed on the Common Area except as may be permitted by rules made by the Board of Directors of the Association. Except as provided herein above, no animals, livestock, birds or poultry shall be brought within the property or kept on any Living Unit thereof. Section 3.5 No Living Unit shall be used in any manner as to obstruct or interfere with the enjoyment of occupants of other Living Units or annoy them by unreasonable noises or otherwise, nor shall any nuisance, or immoral or illegal activity be committed or permitted to occur on any Living Unit. Section 3.6 No signs other than one sign of customary and reasonable dimensions advertising a Living Unit for sale shall be erected or displayed on any Living Unit. No signs shall be erected or displayed on the Common Area except signs placed by authority of the Board of Directors of the Association. Section 3.7 Each Owner shall have the right to place furniture and potted plants upon the patio and decks, and in -4- . the entryway, which constitute part of his Living Unit. However, no Owner shall have the right to paint or stain any exterior surface of his Living Unit without the written consent of the Board of Directors of the Association. Section 3.8 No television antenna or antennae or unsightly objects, poles or wires shall be permitted on the roof of any building. Each Living Unit shall have installed outlets connected by underground cable to a television antenna system established by the La Costa Land Company. It shall be obligation of the Association to maintain, repair and replace all portions of said television antenna system located within the Common Area. Section 3.9 No noxious or offensive activity shall be carried on in any Living Unit or in the Common Area, nor shall anything be done therein which may be or become an annoyance or nuisance to the other Owners. Nothing shall be done in any Living Unit or in, on or to the Common Area: which will impair the structural integrity of any building, or which would structurally change any building, or which would structurally change any building located therein. Nothing shall be altered or constructed or removed from the Common Area, except upon the written consent of the Board of Directors of the Association. All equipment, garbage cans, wood piles, or storage piles shall be kept concealed from view of neighboring Living Units, streets and Common Area. All rubbish, trash or garbage shall be regularly removed from each Living Unit and shall not be allowed to accumulate thereon or on the adjacent CommonArea. No fences, -5- hedges or walls shall be erected or maintained upon the Common Area, except as are installed in accordance with the initial construction of the buildings located on the Property, or as provided by the Board of Directors of the Association. No exterior clothes lines shall be erected or maintained and there shall be no outside drying or laundering of clothes on the decks, patios, porches or any other part of the Common Area. Section 3.10 The Owner or Owners of each Living Unit shall not be permitted to have or maintain more than two (2) motor vehicles on the property and then only in the Owner's garage. No power equipment, hobby shops, or carpenter shops shall be maintained in said Property except with the prior approval of the Board of Directors of the Association. No automobile overhaul or maintenance work, other than emergency work, shall be permitted on the Property. Section 3.11 The Common Area shall .be improved and used only for the following purposes: (1) Affording vehicular passage to the garages and pedestrian movement within the Property including access to the Living Units. (2) Recreational use by the Owners and occupants of Living Units in the Property and their guests, subject to rules established by the Board of Directors of the Association. (3) Beautification of the Common Area and providing privacy to the residents thereof through landscaping and such other means as the Board of Directors of the -6- Association shall deem appropriate. (4) No part of the Common Area shall be obstructed so as to interfere with its use for the purposes hereinabove permitted, nor shall any part of the Common Area be used for storage purposes for storage of maintenance equipment used exclusively to maintain the Common Area, or in any manner which shall increase the rate at which insurance against loss by fire or the perils of extended coverage endorsement to the California Standard Fire Policy form, or bodily injury or property damage liability insurance, covering the Common Area and improvements situated thereon may be obtained or cause said premises to be uninsurable against such risks, or any policy or policies representing such insurance to be cancelled or suspended or the company issuing the same to refuse renewal thereof. Section 3.12 No Owner shall make any alteration or improvement to the Common Area, or remove any planting, structure, furnishing or other object therefrom except with the written consent of the Board of Directors of the Association. Section 3.13 Each Owner shall be legally liable to the Corporation for all damages to the Common Area or to any improvement thereof or thereto, including but not limited to the buildings, recreational facilities and landscaping, caused by such Owner or any occupant of such Owner's Living Unit. -7- . Section 3.14 In addition to the provisions set forth in Sections 3.1 through 3.13 above, the use which each Owner may make of his Living Unit and of the Common Area is also subject to the terms, conditions and provisions of that certain "Declaration and Establishment of Protective Conditions and Restrictions" executed by La Costa Land Company, an Illinois corporation, as Declarant and recorded as File/Page No. 93263 on May 6, 1971, in the office of the County Recorder of San Diego County. ARTICLE IV THE ASSOCIATION Section 4.1 Each Owner and/or Owners of a Condominium shall be a regular -member of the Association, which said member- ship shall be appurtenant to such Condominium and the transfer of title to such Condominium shall automatically transfer the regular membership appurtenant to such Living Unit to the transferee or transferees. Each such Owner and/or Owners are obligated to promptly, fully and faithfully comply with and conform to the Articles of Incorporation and the By-Laws of the Association, and the rules and regulations from time to time prescribed thereunder by the Board of Directors of the Association or its officers, and to promptly pay in full all assessments levied by the Association on its members, whether such assessments levied prior to or subsequent to the date of acquisition of title, except that the purchaser of any such Condominium at a trustee's -sale on foreclosure or a lender who acquires title by deed in lieu of foreclosure shall not be liable for any dues, fees or assessments levied prior to such sale or acquisition of title. Section 4.2 Except as otherwise provided herein, the Association acting through its Board of Directors and officers shall have the sole and exclusive right and duty to manage, operate, control, repair, replace or restore all of the Common Area or any portion thereof, together with the improvements, trees, shrubbery, plants and grass thereon, all as more fully set forth in the By-Laws of said Association and this Declaration of Covenants, Conditions and Restrictions. Section 4.3 The Board of Directors of the Association shall have the right to adopt reasonable rules, not inconsistent with the covenants contained in this Declaration, and to amend the same from time to time, relating to the use of the Common Area and the recreational and other facilities situated thereon by Owners and by their tenants or guests, and the conduct of such persons with respect to automobile parking, outside storage of boats, trailers, bicycles and other objects, disposal of waste materials, drying of laundry, control of pets, and other activities which, if not so regulated, might detract from the appearance of the Property or offend or cause inconvenience or danger to persons residing or visiting therein. Such rules may provide that the Owner of a Living Unit whose occupant leaves property on the Common Area in violation of the rules, may be assessed to cover the expense incurred by the Association in removing such property and storing or disposing thereof. Section 4.4 The Board of Directors of the Association or any person authorized by the Board shall have the right to enter any part of any Living Unit to the extent such entry is necessary -9- . . to carry out the repainting or repair of the exterior surfaces of the building, or to perform any work required in the repair, maintenance or upkeep of the Common Area (specifically including the maintenance, repair or replacement of any pipe or conduit which may be located under any patio), or for any other purpose reasonably related to the performance by the Board of Directors of its responsibilities under the terms of this Declaration. The cost of maintaining, repairing or replacing any pipe or conduit which may be located under any patio shall be borne by the Association, and not by the Owner of the Condominium of which any such patio may be an element. If the location of any utility meter on the exterior surface of any building within the Property is such that practical access thereto by utility company employees can be gained only by crossing an Owner's patio, each Owner agrees that access to any such meter for the purpose of reading, maintaining or repairing the same shall be afforded to such employees at all reasonable times. The right of entry provided for in this Section 4.4 shall be exercised in such manner as to interfere with the possession and enjoyment of the occupant of such Living Unit as little as is reasonably possible, and shall be preceded by reasonable notice whenever the circumstances permit. In the case of an emergency, the right of entry shall be immediate. ARTICLE V RESPONSIBILITY OF OWNERS Section 5.1 Each Owner of a Condominium shall be responsible for the maintenance and repair of the glass doors and windows enclosing his Living Unit, the interior of his Living Unit, and 0 tom I . shall be also responsible for the maintenance and repair of all plumbing, electrical heating systems and appliances located within his Living Unit. Each Owner shall have the right, at his sole cost and expense, to maintain, repair, paint, paper, panel, plaster, tile, and finish the interior surfaces of the ceilings, floors, window frames, door frames, trim, and perimeter walls of the Living Unit and the surfaces of the bearing walls and partitions located within said Living Unit. Said Owner shall have the right to substitute new finished surfaces in place of those existing on said ceiling, floors and walls. In the event an Owner fails to maintain the interior of his Living Unit, entryway, or decks and the plumbing, electrical and heating systems thereof, or make repairs thereto in such manner as shall be deemed necessary in the judgment of the Board of Directors of the Association to preserve the attractice appearance thereof and to protect the value thereof, the Board shall give written notice to such Owner, stating with particularity the work of maintenance or repair which the Board finds to be required, and requesting that the same be carried out within a period of sixty (60) days from the giving of such notice. In the event the Owner fails to carry out such maintenance or repair within the period specified by the notice, the Board shall cause such work to be done and shall assess the cost thereof to such Owner. Section 5.2 Breach of any of the covenants contained in this Declaration and the continuation of any such breach may be enjoined, abated or remedied by appropriate legal proceedings by -11- . I by any Owner or the Association. It is hereby agreed that damages at law for such breach are inadequate. Section 5.3 The result of every act or omission whereby any of the covenants contained in this Declaration are violated in whole or in part is hereby declared to be and constitutes • nuisance, and every remedy allowed by law or equity against • nuisance either public or private shall be applicable against every such result and may be exercised by any Owner or by the Association. - Section 5.4 The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive. Section 5.5 The failure of the Association or any Owner to enforce any of the covenants contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter, nor shall such failure result in or impose any liability on the Owners or the Association. Section 5.6 A breach of the covenants contained in this Declaration shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any Condominium; provided, however, that any subsequent Owner of such property shall be bound by said covenants, whether such Owner's title was acquired by foreclosure or in a Trustee's sale, or otherwise. A lender who acquired title by foreclosure or deed in lieu of foreclosure shall not be obligated to cure any breach of the covenants occurred prior to such acquisition of title if such breach was or is non-curable or was a -12- I . type of breach which is not practicable or feasible to cure. ARTICLE VI ASSESSMENTS Section 6.1 At least thirty (30) days prior to January 1 of each year, the Board of Directors of the Association shall estimate the total charges to be assessed against the Property and to be expended by the Association during the succeeding year, which shall constitute the maintenance fund (including a reasonable provision for contingencies and adequate reserves for replacements, less any expected surplus from the prior year's fund). The estimated amount required for the maintenance fund shall constitute the aggregate regular assessment, which shall be assessed to and paid by the condominium Owners in equal shares, one share for each Living Unit owned within the Property. Section 6.2 Any increase or decrease from the amount of the initial aggregate regular assessment shall be assessed to and paid by, or shared by (in the case of a decrease), the Owners equally. The aggregate regular assessment shall not be increased more than ten percent (10%) over the preceding year's aggregate regular assessment without the approval of at least two-thirds (2/3) of the Owners present at a special meeting. If the estimated cash requirement proves to be inadequate for any reason, including non- payment of any Owner's assessment or unforeseen expenditure, the Board of Directors of the Association may at any time levy a special assessment which shall be assessed to. the Owners equally. Section 6.3 Each Owner shall be obligated to pay to the Association his regular assessment in twelve (12) equal installments -13- n on or before the fifteenth day of each calendar month, and to pay special assessments within thirty (30) days after their levy or at such other times as the Board o.f Directors of the Association shall designate. All assessments shall be paid at such place as the Board of Directors of the Association shall designate. The regular assessment shall commence upon the close of escrow for the sale of the first condominium in the project; regular assessments chargeable to or payable for each unsold condominium shall be charged to and paid by, and be the debt of Declarant or its successor in ownership of each unsold condominium and shall commence on the fifteenth day of the calendar month following the month in which a Notice of Completion is duly recorded for each such condominium. All regular and special assessments levied upon any condominium shall constitute a debt of the Owner of such condominium at the time of the assess- ment and shall be paid promptly, provided, however, the Board shall not authorize or make any special assessment in excess of Five Hundred Dollars ($500.00) without the prior approval of a majority of Owners. Interest at the legal rate of ten percent (10%) per annum shall accrue on all delinquent assessments. Section 6.4 The amount of all regular and special assess- ments plus interest thereon and any expenses reasonably incurred in collecting and/or enforcing such assessments, including reasonable attorney's fees shall be and. become a lien upon the condominium 'so assessed, which shall attach to the condominium as of the time the Association causes to be recorded'in the office of the County Recorder of San Diego County, California, a Notice of Assessment Lien, which shall state: -6- 0 i. the amount of the assessment and such related charges as may be authorized by this Declaration; ii. the name of the Owner of record or reputed Owner of the condominium; iii. a description of the condominium against which the lien has been assessed. The Notice shall be signed by two officers of the Association. The assessment lien shall also be deemed to secure all of the foregoing items which shall become due and/or incurred relative to the condominium subsequent to the recordation of the Notice of Assessment Lien until the completion of the enforcement of the lien or the payment of the full amount secured by the lien, or other satisfaction to be made in connection there- with. No proceeding or action shall be instituted to foreclose the lien until notice of intention to proceed to foreclose the lien has been delivered by the Association to the Owner of the condominium affected by the lien at least thirty (30) days prior to the commencement of any such action or proceeding. The assessment lien shall be enforced by judicial foreclosure; provided, however, that said method of enforcement shall not be exclusive, but shall be in addition to any other rights or remedies which the Owners and the Association may have under the right to bid at any foreclosure sale and to hold, lease, mortgage and convey such condominium upon its purchase. Upon payment of the full amount secured by an assessment lien, including all authorized charges in accordance with the foregoing, or upon any other satisfaction duly made in connection -15- 0 . therewith, the Association shall cause to be recorded a notice setting forth the fact of such payment and/or satisfaction and of the release of the assessment lien. Any assessment lien as to any condominium shall at all times be subject and subordinate to any mortgage or deed of trust on the condominium which is created in good faith and for value and which is recorded prior to the date of recordation of the assessment lien. In the event any assessment lien is destroyed by reason of the foreclosure of any prior mortgage or deed of trust on a condominium, the interest in the condominium of the purchaser at the foreclosure sale may be subjected to a lien to secure assessments levied on the condominium in the same manner as provided above in this Article. Each condominium Owner shall and hereby does waive and subordinate the-benefits of any homestead or exemption law in favor of all assessment liens, which shall be prior to the rights of any condominium Owner under any applicable homestead or exemption laws. Section 6.5 The Association shall, upon demand and for a reasonable charge not to exceed Fifteen Dollars ($15.00) furnish to the record owner of a condominium or to any person who qualifies as an "Entitled Person" under Section 2943 of the Civil Code a certificate signed by an officer of the Association setting forth the amount of any unpaid assessment attributable to such condominium, and all related charges authorized by this Declaration. Such certificate shall be furnished to the party requesting it within ten (10) days of the date the request is received by the Association. -16- ARTICLE VII PARTITION Section 7.1 Each Owner of a Condominium in the Property is hereby prohibited from partitioning the Common Area except upon a showing (1) that three years after damage or destruction to the project which renders a material part thereof unfit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (2) that three-fourths or more of the project has been destroyed or substantially damaged, and that Owners holding in aggregate more than a fifty percent interest in the Common Areas are opposed to repair or restoration of the project, or (3) that the project has been in existence in excess of 50 years, that it is obsolete and uneconomic, and that Owners holding in aggregate more than a fifty percent interest in the Common Areas are opposed to repair or restoration of the project; provided, however, that if any Condominium shall be owned by two or more co-tenants as tenants in common or as joint tenants, nothing herein shall be deemed to prevent a judicial partition as between such co-tenants. ARTICLE VIII DAMAGE AND DESTRUCTION OF COMMON AREA OR IVING UNITS Section 8.1 If any portion of the Common Area is damaged or destroyed by fire or other casualty, then: (a) If the cost of repairing or rebuilding does not exceed the amount of available insurance proceeds by more than Ten Thousand Dollars ($10,000.00), the Board of Directors of the -17- Association shall thereupon contract to repair or rebuild the damaged portions of the Common Area substantially in accordance with the original plans and specifications therefor; (b) If the cost of repairing or rebuilding exceeds the amount of available insurance proceeds by more than Ten Thousand Dollars ($10,000.00), and if the Owners holding in aggregate more than fifty percent (50%) interest in the Common Area agree to the repair or restoration of the project, then the Board of Directors of the Association shall contract as provided in subparagraph (a) above. If said Owners do not so agree, then all insurance proceeds shall be paid to the account of the Association, to be held for the benefit of the Owners and their Mortgagees as their respective interests shall appear; (c) If a bid to repair or rebuild is accepted, the Board shall levy a special assessment in proportion to the interest of each Owner in the Common Area to make up any deficiency between the total insurance proceeds and the contract price for such repair and rebuilding, and such assessment and all insurance proceeds, whether or not subject to liens of Mortgagees, shall be paid to the account of the Association, to be used for such rebuilding. If any Owner shall fail to pay the special assessment within thirty (30) days after the levy thereof, the Board shall make up the deficiency by payment from the. maintenance fund. Section 8.2 In the event of damage or destruction to any Living Unit, the Owner thereof shall reconstruct the same as soon as reasonably practicable and substantially in accord with the original plans and specifications therfor; provided, however, that S -18- any such Owner may, with the written consent of the Board of Directors of the Association, reconstruct or repair his Living Unit pursuant to new or changed plans and specifications. In the event the Board of Directors fails to approve or disapprove such changed plans and specifications within sixty (60) days of the receipt thereof, they shall be deemed to have been approved. Section 8.3 The physical boundaries of the Living Units as constructed, or of any Living Unit reconstructed in substantial accordance with the original plans, shall be conclusively presumed to be the boundaries rather than any metes and bounds description expressed in any deed or plan, regardless of settling or lateral movement of the building and regardless of any minor variations between boundaries shown in any deed or plan and those of the building. ARTICLE IX MISCELLANEOUS Section 9.1 Should any of the covenants contained in this Declaration be void or be or become unenforceable in law or in equity, the remaining portions of this Declaration shall, nevertheless, be and remain in full force and effect. Section 9.2 Each and all of these Restriction shall terminate on December 31, 2027, unless the Owners of a majority of said Living Units have executed and recorded at any time within six (6) months prior to December 31, 2027, in the manner required for a conveyance of Property, a writing in which they agree that said Restrictions shall continue for a further specified period and providing therein a similar provision for the further extension of said Restrictions, or some of them; provided, also, that the above and foregoing Restrictions may be modified, after said -19- termination date at the times and in the manner hereinabove provided for the extensions of said Restrictions in force at the time of such extension or modification. Section 9.3 All questions or interpretation or construction of any of the terms or conditions herein shall be resolved by the Board of Directors of the Corporation and its decision shall be final, binding and conclusive on all of the parties affected. Section 9.4 In the event an attorney is engaged by the Association for the enforcement or defense of any of the provisions of this Declaration, then the prevailing party in any resulting litigation shall be entitled to recover from the other party to the controversy a reasonable sum for attorney's fees. Section 9.5 These Restrictions may be amended at any time and from time to time by an instrument in writing signed by the Owners of seventy-five (75) percent or more of the Living Units located on the Property, which said written instrument shall become effective upon the recording of the same in the Recorder's Office of the County of San Diego, California. Section 9.6 A waiver of a breach of any of the conditions or restrictions contained in this Declaration shall not be construed as a waiver of any succeeding breach or violation thereof or of any other condition or restriction. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first above written. ALTA VERDE A Partnership By: ROBERT A. DUFFY General Partner I ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) On this day of , 1977 5, before me, a Notary Public in and for said State, personally appeared ROBERT A. DUFFY, known to me to be one of the General Partners of ALTA VERDE, a partnership, and known to me to be the person who executed the within Declaration of Covenants, Conditions and Restrictions on behalf of said partnership, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. QUALITY ORIGINAL (S) 2i6-31 T /02 200 LA SHi2 35 '56 • • • MAP 7935 - CARLSBAD TRACT NO. 73-57 - LOT 1 MAP 7659 - CARLSBAD TRACT NO.73-22 - LOT I NAP 6708 - LA COSTA GREENS - LOTS L4-7.9& 10 C3ti1fl ASSESSOR'S MAP Er 26 PG 31 -...••-..- 0 • •• . 0• 0 , • -0 '.--• - 0 •0 000