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HomeMy WebLinkAboutCT 83-33; NIGUEL INTERIORS INC; Tentative Map (CT)op A[UCLTUO REQUEST D Zone Change U Minor Redevelopment Permit fjGeneral Plan mendment Tentative Tract Map OPrecise Development Plan OSpecific Plan DPlanned Unit Development 0 Site Develojwent Plan JMajor Condominium Permit OConditional Use Permit OMirior Condonuiniurn Permit OVariance OMaster Plan DPlanninq Commission Determination DMaior Condominium Conversion 0 Special Use Permit []Major Redevelonent Permit 0Pministrative Variance (check other boxes if appropriate) 55ete Description of Pcoject (attach additional sheets if necessary) 46 Unit Condominium project, both I & 2 story units, 1031 S.F. & 1277 S.F. ea. [LEE Ion occ Road & Manzanita Street rc -ir -icn ( flIi' - Lots kLi& 135 of Tract 724 Assessors Parcel Number Zone General Plan Existing Land Use RDM 4-10 Vacant Proposed Zone Proposed General Plan Site Acreage Same Same 51 Appii Call t Naim (Print or 'pe) Name (Print or 'lype) Niguel Interiors Inc. Same MTiThgdress iI7i)dress P.O. Box Drawer A -_-•---,--__--.__._-__-__.__-__-,_•______ City an State Zip Teiephone ---.--1--. .----..------------.--; city anci State Zp Telephone Huntington Beach, Ca. 92648 962-66 1 CLRriFY THAT I AM TI-IF Li-L CYi-IER AND i I CEfIL"Y THAT 1 AM TIlE OWNER* S EL-'RESENTATIVE THAT ALL THE ABOVE I1FOEiTTICN IS TRUE AND THAT ALL THE AFOVE INRMTIC IS TRUE AND CORRECT 'It) THE BEST Ot? MY KN(MLE[XE AND CORRECT TO TI-IF BEST OF MY KNOWLEDGE. SIGATURF DATE 3~ o l d SIGNATU A DATE 4' RI* ..I I I I T-1 UT..t ... / 0 QUALITY ORIGINAL (S) . . CITY OF CARLSBAD 120i. LM AVENUE • CARLSBAD, CALIFORNIA 92t,4 (714)438.5551 RECEIVED FROM___________________________ DATE J p / A/c. NO. DESCRIPTION AMOUNT jc it... ( I -. Aj TOTAL . EXHIBIT A" LEGAL DESCRIPTION A subdivision of a portion of the Northwest Quarter of the South- west Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino base and meridian, in the City of Carlsbad, County of San Diego, State of California. : D ) 0 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time •restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are 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 processed and approved. The undersigned understands that the processing time required h' the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature 15aYe Robert W. Jahn, Jr. Agent Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37 REVISED 3/80 August 31 1S1 ____ cook" Op ITI7tiITI I Orange hoft" ne N.W PvWS, I. one I # l 'r,1... JV. .-•-•- ( BARBARA .. • NOVART kwmsi.Wepus. iNWIii. pSItCip,. OFFICE us So • E - ___ ,ØTh S Me s.. ....i.. / Cj • bat a A. flann.11y MAIL TAX STAnLIS / 4 AS DWTED MOVE ')~- '44-r.. Ell 'I A / fJL 81-299955 • 1190 FILE/PAGENO._____ SODA 19al RECORDED REQUEST OF ç: CALIFORNIA LAND TITLE Co WHEN RECORIAD SErZI kF• T:Y ZUL- XNr**ZOU OFFICIAL RECORDS ADIECQ CGUNTT,CA. .AWE* A UN?ING'1'OW BV, CA. 92648 J.ERA L. LYLE SIi) $300 - IPAC* AeOVI THIS LINS VON AgCOPIDSWSUSI MAIL TAX STATEMENTS T0 TU O 00 - Ili.NSFN TAX PA* Sim AS *I Wi Covio ud oft On ON" CQUSUT ucos - w. is.. iis,..* s.....,è....s - 0. ..u,.. .... THE UNDERSIGN W GRAWV 2l5-5O3- GRANT DUD FOR-A /AWASL& ccN$1OIRATION. r..uIq* of s.iId. ishi -. DiALD 9 Ar*XS, ?.e U,exri.i Ma ,:.- :- iazz. A California Corporation - Vi. 'iii 9* City of Car1sba C...,v. Wi • Siai. of CaWovnI., d.sctisd as Lot 44, Carl. Tract 72-34 (RAncbo La Cu..t*) II. Carlsbad. San Disgo Cnty, California, Map 831 t.coxdad in the office of the County Vwwordor, Sa, Diego County on July 26. 1976. :-Ji- Order No. Escrow No. Loan No. 46 WHEN RECORDED MAIL TO: Niguel Interiors Drawer.A Huntington Beach, Ca.. 92648 MAIL TAX STATEMENTS TO; SPACE ABOVE THIS LINE FOR RECOROEWS USE Inter-Company tranter. DOCUMENTARY TRANSFER TAX ........ Computed on the consideration or value of property conveyd; OR Computed on the conside n o value less Iien or encumbrances - .. . SAME AS .ABOV ..-.. :•-. .. -- __ tax - Firm Nam* • -: Donald B. Av CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is :hereby acknowledged, NEWPORT SHORES BUILDERS, a corporation organized under the laws of the State of California . does hereby - GRANT to . •• .. . . Niguel Interiors 4 a California corporation . + ...-.-i ;.-. i-c-..,.r';+, ,.c ,-'.--i 0 LI IC ICC!jaropO fly iii LI,C flfl fl/I t.A.J.. .1_ .J.JC.LS_& County of San Diego State of California described as Lot 135 of CARLSBAD TRACT 72-34 (Rancho La Cues -ba Unit No. 2) according to ,Map thereof No. 8351 filed in the office of the County Recorder of said San Diego County July 28, 1976. Dated September 22, 1983 STATEOFCAL%FORNIA . COUNTY OF_OP 2 TGE_I • or, _Sepb.eter29,1983 _before me, the undersigned.a Notary Public in andtorsaid State,personatly appear - ecL.Qi12A.3r ,_Jr. and Arthur G. Stickel personally known to me to be the persons who executed the within instrument as - . — President and Secretary, - •-t, - NEWPORTSHQs BUIE -Cal ±forñi corpo RV Donald- AYre)'Zf( T_reskient BYJ tA4 Arthur G. Stickel Secretary on behalf of_NewportShoresBulder OFFICIAL SEAL - Barbara A. FlanrteUy the corporation therein named, and acknowledged to me that such cor- - N0TAR' PUBLIC-CALWORNIA porotion executed the within instrument pursuant to its bylaws or a - PRINCIPAL OFFICE IN resolution of its board of directors. rr - ORANGE COUNTY sea. . My commission Expires Feb. 6. 1987 . Brbaa A r - (This area for official nqtaria seal) - lannelly MAIL TAX STAfrMNTS AS DIECTED ABOVE . . - 1 (6/82) PLN. FlL- CT.B 3-33 CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR V SEAPORT HOMEOWNERS ASSOCIATION TABLE OF CONTENTS PACE ARTICLE I DEFINITIONS .................. 3 1.1 Association ................... 3 1.2 Board or Board of Directors .......... 3 1.3 Boundaries .................. 3 1.4 City ..................... 3 1.5 Condominium .................. 3 1.6 Condominium Building ............. 3 1.7 Condominium Plan ............... 3 1.8 Condominium Property ........ ... .... 3 1.9 Common Expenses ................ 3 1.10 Common Area . ................ 1.11 Declarant . . . . . . . . ... . . . . . . . . . 4 1.12 Declaration .................. 1.13 Exclusive Use Area . . . . . . . . . . . . . . . 4 1.14 Living Unit .................... 4 1.13 Member of Association ............. 4 1.16 Mortgage: . ................. 1.17 Owner ..................... 1.18 Project .................... 4 1.19 Recreational Area ............... 4 1.20 VA . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE II DESCRIPTION OF CONDOMINIUM ........... 5 ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION .LU A'nrr £1 L 3.1 Membership .................. 7 3..2 Voting Rights ................. 7 ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION ................ 8 4.1 Creation of Lien and Personal Obliga- tion of Assessments .............. 8 4.2 Purpose of Assessments ............ 8 4.3 Maxiumum Annual Assessment .......... 8 4.4 Special Assessments .............. 9 4.5 Notice and Quorum for Action Authorized By Sections 3 & 4 ............... 9 4.6 Unitorm Rate of Assessment .......... 10 4.7 Date of Commencement of Annual Assessments; Due Dates ................... 10 4.8 Effect of Non-Payment of Assessments; Remedies of the Association .......... 10 4.9 Subordination of the Lien to First Deeds of Trust & First Mortgages ......... 11 4.10 Estoppel Certificate. .. . . . . . . . . . . . . . 12 4.11 Personal Liability of Owner .......... 12 4.12 Taxation of Association... .......... 12 ARTICLE V RESPONSIBILITIES OF MAINTENANCE ........ 13 5.1 Owner Maintenance of Living Unit . . . . . . 13 5.2 Owner's Grant of Easements ........... 13 5.3 Association Maintenance of Common Area . . . 13 5.4 Association Right of Entry .......... 13 5.5 Association Right to Adopt Rules ....... 14 I TABLE OF CONTENTS PAGE ARTICLE VI USE RESTRICTIONS 15 ARTICLE VII ARCHEITECTIJRAL CONTROL ............18 ARTICLE VIII PROHIBITION OF PARTITION OR SEPARATION OF INTEREST ............ 19 8.1 Separation of Interest ............ 19 8.2 Prohibition of Partition ........... 19 8.3 Power of Attorney ............... 20 ARTICLE IX RIGHT OF MORTGAGEES .............. 21 ARTICLE X DESTRUCTION OF COMMON AREA OR LIVING UNITS ..................... 22 10.1 Casualty Destruction of Common Area ...... 22 10.2 Taking of Common Area ............. 22 10.3 Casualty Destruction of Living Unit ...... 23 10.4 Taking of Living Unit ............. 23 10.5 Association Insurance .............. 23 ARTICLE XI GENERAL PROVISIONS .............. 24 11.1 Enforcement .................. 24 11.2 Severability ................. 24 11.3 Amendments ...................... 24 11.4 Extension of Declaration . . . . . . . . . . . . 25 11.5 Encroachment Easement ............. 25 11.6 Litigation .................. 26 11.7 Annexation of Additional Property ....... 26 11.8 Owner Compliance . . . . . . . . . . . . . . . . 26 :i.i 1- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEAPORT HOMEOWNERS ASSOCIATION THIS DECLARATION is made this 4th day of October, 1984, by NIGUEL INTERIORS, INC., hereinafter referred to as "Declarant". WITNESSETH WHEREAS, Delcarant is the owner of that certain real property located in the City of Carlsbad, County of San Diego, State of California, which is more particularly described as:- Lot 1 of Tract 83-33 as per Map Recorded in Book of Maps, Pages Records of San Diego, County. hereinafter called the "Condominium Property". Declarant has or intends to improve the Condominium Property by constructing thereon thirty-six (36) condominium units and intends to establish a condominium project under the provisions, of the California Condominium Act providing for separate title to Living Units (as hereinafter defined) appurtenant to which will be an undivided fractional interest in the Condominium Property other than the Living Units and the right and easement of ingress and egress and of enjoyment in and to the Recreational Area. The Project consists of eight (8) buildings containing thirty-six (36) Living Units plus a recreational area. The Owners of a Condominium will receive title to the Living Unit plus an undivided 1/36 fractional interest as tenants in common in the Common Area of Lot 1 of Tract 83-33. Each Condominium shall have appurtenant to it a membership in the Seaport Homeowners Association, A California non-profit mutual benefit corporation ("Association"), which will be the management body for the overall condominium project and which will own free and clear of any encumbrances at the time of the conveyance of the first Unit in the project all real property described as Lot 1 of Tract 83-33 which will contain completed improvements consisting of a paddle tennis court, walkways and landscaping. Before selling or conveying any interest in the Condominium Property Declarant desires to subject the Condominium Property in accordance with a common plan to certain covenants, conditions and restrictions for the benefit of Declarant and any and all present and future owners of the Condominium Property. NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions. covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. -2- ARTICLE 1 1W 'TN TT T ñN Section 1.1 Association shall mean and refer to Seaport Homeonwers Association, a California non-profit mutual benefit Corporaiton, its successors and assigns. Section 1.2 Board or Board of Directors shall mean and refer to the governing body of said Association. Section 1.3 Boundaries shall mean that in interpreting deeds and plans, the then existing physical boundaries of a Unit whether in its original state or reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or deed, and those of the building. Section 1.4 City shall mean the City of Carlsbad. Section 1.5 Condominium shall mean and refer to a fee simple estate in the Condominium Property as defined in Section 783 of the California Civil Code and shall consist of a separate interest in a Unit and an undivided franctional interest as tenant in common in the Common Area. Section 1.6 Condominium Building shall mean and refer to a separate building containing one or more Condominium Units. Section 1.7 Condominium Plan shall mean and iefer to the Condominium Plan recorded pursuant to California Civil Code Section 1351 covering the Condominium Property, including such amendments thereto as may from time to time be recorded. Section 1.8 Condominium Property shall mean and refer to that certain real property located in the County of San Diego, State of California, more particularly described As: Lot 1 of Tract No. 83-33 as per Map Recorded in the records of San Diego County, California. Section 1.9 Common Expenses shall mean and include the actual and estimated expenses of operating the Condominium Property and Common Area and any reasonable reserve for such purposes. Section 1.10 Common Area shall mean and refer to all portions of the Condominium Property not located within a Unit and more particularly described in Article 11 hereof. c ceationa1 vehicle parking lot is a part of the Common -3- Section 1.11 Declarant shall mean and refer to NIGUEL INTERIORS, INC. Section 1.12 Declaration shall mean and refer to this enabling Declaration of Covenants, Conditions and Restrictions. Section 1.13 Exclusive Use Area shall mean and refer to those portions of the Common Area to which an exclusive right to use is granted to an Owner as shown and described as Restricted Common Area on the Condominium Plan and shall consist of patios and balconies more particularly described Article II hereof and the Condominium Plan. - Section 1.14 Living Unit shall mean and refer to those portions of the Condominium Property shown and described as such on the Condominium Plan and more particluarly describe in Article II hereof. Section 1.15 Member of Association shall mean and refer to an Owner as defined in Section 1.17 Article I herein. Section 1.16 Mortgage shall mean and refer to a Deed of Trust as well as a mortgage. Section 1.17 Owner shall mean and refer to the record owner, whether one (1) or more persons. or entities, of fee simple title to any Condominium which is part of the Comdominium Project, including contract sellers, but excluding those having-such interest merely as security for the performance of an obligation. Section 1.18 Project shall mean and ref.er to the entire real property above described, including all structures and improvements erected or to be erected thereon, the recreational area and such additions as may hereafter be brought within the jurisdiction of the Association. Section 1.19 Recreational Area shall mean and refer to that certain real property located in the County of San Diego, State of California, more particularly described as: Lot 1 of Tract No. 83-33 as per Map Recorded in Book of Maps, Pages Records of San Diego County, California. -4- A WP T PT W TT DESCRIPTION OF CONDOMINIUM Declarants, in order to establish a plan of Condominium ownership for the Project, hereby agree and declare that they have divided and hereby do divide the Project into the following freehold estates: Section 2.1 Each Living Unit shall be a separate freehold estate, as defined in Section 135 of the California Civil Code, consisting of some or all of the following elements in accordance with the plans and spceifications for each Living Unit, as more particularly shown, described, and designated on the Condominium Plan: (a) The dwelling space bounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and doors of each Unit,. identified on the Condominium Plan. Each Living Unit includes both the portion of the building so described and the airspace so encompassed, all windows and doors in said Unit, but the following are not a part of the Living Unit: bearing walls, columns, roofs, slabs, foundations, paddle tennis court and related equipment, irrigation equipment, and other central services, pipes, ducts, flues, chutes, conduits, wires, exterior lighting, and other utility installations, wherever located (except all utility installations and/or outlets thereof when located within the Living Units), open parking spaces, lawns, pavement, private drives, trees, and all other landscaping. Section 2.2 A freehold estate consisting of an undivided interest in the remaining portion of the Condominium Property is described and ref erred to herein as the "Common Area". The Common Area shall include, without limitation, the Land within the Condominium Property as defined hereinabove, each Condominium Building (excepting therefrom the Living Units), together with all bearing walls, columns, roofs, slabs, foundations, paddle tennis court and related equipment, irrigation equipment, and other central services, pipes, ducts, flues, chutes, conduits, wires, exterior lighting and other utility installations, wherever located (except all utility installations and/or outlets thereof when located within the Living Units), open parking spaces, lawns, pavement, private drives, trees and all other landscaping. -5- Section 2.3 Portions of the Common Area shown and described in the Condominium Plan as patio areas are hereby set aside as Restricted Common Area and allocated as set forth herein. Each patio area, located on the Condominium Plan and designated therein in by the letter "P" followed by a number, is hereby assigned to its respective Living Unit as set forth in the Condominium Plan. Each said patio constitutes an exclusive easement appurtenant to its respective Living Unit subject to the exclusive uses and purposes set forth in this Declaration. It shall be the obligation of each and every Owner to maintain his respective Restricted Common Area in neat, clean, safe and attractive condition at all times and to bear the expense of maintaining , same. Section 2.4 The undivided interest in the Common Area hereby established and which shall be conveyed with each respective Living Unit is a one-thirty-sixth (1/36) undivided interest. The above respective undivided interest established and to be conveyed with the respective Living Units, as indicated above, cannot be changed, and said Declarants, their successors, assigns, and grantees, covenant and agree that the undivided interest in the 'Common Area and the fee titles to the respective Living Units conveyed therewith, shall not be separated from or separately conveyed or encumbered without its resective Living Unit, even though the description in the instrument of conveyance may refer only to the fee title 'to the Living'Unit. Section 2.5 Each Owner shall have a non-exclusive easement appurtenant to his Condominium for ingress, egress, use and enjoyment on and over the Common Area. Section 2.6 Each Condominium includes: (a) A separate Living Unit, as defined in Section I hereinabove; (b) All easements, exclusive and non-exclusive, appurtenant to the respective and individual Condominium; and (c) A one thirty-sixth (1/36) undivided interest in the Common Area. (d) A one thirty-sixth (1/36) undivided interest in the Recreational Area. Section 2.7 The thirty-six (36) individual condominiums hereby established and which shall be individually conveyed are described as Condominiums numbered 1 through 36 inclusive in the Condominium Plan. M. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION Section 3.1 Membership. Every Owner of a Condominium shall be a Member of the Association Membership shall be appurtenant to and may not be separated from ownership of any Condominium. Each Owner is obligated to comply with the Articles, Bylaws, and the rules and regulations adopted by the Board of Directors of the Association. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the sale of the Condominium to which it is appurtenant, and then only to the purchaser of such Condominium. Any attempt to make a prohibited transfer is void. In the event the Owner of any Condominium should fail or refuse to transfer the membership registered in his name to the purchaser of his unit, the Association shall have the right to record the transfer upon its books and thereupon the old membership outstanding in the name of the seller shall be null and void. Section 3.2 Voting Rights. The Association shall have two (2) classèsof voting membership: Class A. Class A members shall be all owners, with the exception of Declarant, and shall be entitled to one (1) vote for each Condominium 'owned. When more than one (1) person holds an interest in any Condominium, all such persons shall be members. The vote for such Condominium shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Condominium. Class B. Class B members shall be Declarant and shall be entitled to three (3) votes for each Condominium owned. The Class B membership shall cease and be converted to Class A membership on the happening of the earliest of the following to occur: (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) Five (5) years from the date of the original issuance of the Final Public Report for the overall project. -7- APrI(' TV COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION Section 4.1 Creation of Lien and Personal Obligation of Assessments. The Declarant, for each Condominium owned within the project, hereby covenants,and each Owner of any Condominium by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) annual assessments, which shall include an adequate reserve fund for the periodic maintenance, repair and replacement of the Common Area, Recreational Area Lot and (b) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Condominium and shall be a continuing lien upon the Condominium against which each such assessment is made, the lien to become effective upon recordation of notice of assessment. Each such assessment, together with interest, costs and. reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Condominium at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner's successors in title unless expressly assumed by them. Section 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of all the residents in the entire project and for the improvement and maintenance of the Common Area and Recreational Area for the common good of the Project. Section 4.3 Maximum Annual Assessment. Until January 1st of the year immediately followitig the conveyance of the first Comdominium to an Owner, the maximum annual assessment shall be nine hundred and seventy-four dollars and fifty-two cents ($974.52) per Condominium Unit. (a) From and after January 1st of the year immediately following the conveyance of the first Condominium to an Owner, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1st of the-year immediately following the conveyance of the first Condominium to an Owner, the maximum annual assessment may be increased above 10% by the vote or.written assent of fifty-one percent (51%) of each class of members provided, however, that following the conversion of the Class B membership to Class A membership, the maximum annual assessment may be increased more than five percent (5%) above the maximum annual assessment for the previous year by the vote or written assent of (i) a majority of the voting power of the members of the Association and (ii) a majority of the voting power of members of the Association other than Declarant. Im (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4.4 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or the Recreational Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of fifty- one percent (51%) of each class of members; provided, however,, that following the conver- sion of the Class B membership to Class A membership any such assessment shall have the vote or written assent of (1) a majority of the voting power of members of the Association;, and '(jj)a majority of the voting power of members of the Association other than Declarant. The Association may also levy a special assessment against any member for breach of the provisions of this Declaration, any amendments theret9,''the'Articles of.lncorporation, the By-Laws and the Association rules and regulations and for costs incurred in bringing a member and his Condominium in to compliance with said provisions, which special assessments may be levied upon the vote of the Board after notice and an opportunity for a hearing which satisfy the requirements of Section 7341 of the California Corporation Code, set forth in the By-Laws. Section 4.5 Notice and Quorum for any Action Authorized Under 4.3 & 4.4. Any action authorized under 4.3 and 4.4 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than ten (10) nor more than ninety (90) days in advance of the meeting. A quorum for such meetings shall be fifty-one percent (51%) of each class of members entitled to vote on such action. If the required quorum is not present, another meeting may be called not less than five (5) days and not more than thirty (30) days from the original meeting date and the.required quorum at the subsequent meeting shall be not less than twenty-five percent (25%) of the total voting power of the Association. If the proposed action is favored by a majority of the votes cast at such meeting but such vote is less than the requisite fifty-one percent (51%) of each class of members, members who were not present in person or by proxy 'may gi'e their .. assent in writing, provided the same is obtained by the appropriate officer of the Association not later than thirty (30) days from the date of such meeting. -9- Section 4.6 Uniform Rate of Assessment. Except as otherwise provided herein, both annual and special assessments shall be fixed at a uniform rate for all Condominiums and may be collected on a monthly basis or as otherwise determined by the board. A special assessment against members to raise funds for the rebuilding or major repair of a portion of the structural Common Area shall be levied upon the basis of the ratio of the square footage of the floor area of the Living Unit of the Condominium to be assessed to the total square footage of the aggregate floor area of the Living Units in all Condominiums to be assessed. A special assessment against a member to reimburse the Association for costs incurred in bringing the member and his Condominium into compliance with the provisions for the Condominium documents shall be assessed only against that member and his Condominium. Any assessment not paid within thirty (30) days after the due date shall be delinquent and shall bear interest at the rate of twenty-two percent (22Z) per annum from the due date until paid. Section 4.7 Date of Commencement of Annual Assessments; Due Dates. The annual assess- ments provided for herein shall commence as to all Condominiums on the first day of the month following the conveyance of the first Condominium to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual assessment against each Condominium at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board. Section 4.8 Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment made in accordance with this Declaration shall be a debt of the Owner of a Condominium from the time the assessment is due. At any time after any assessments levied by the Association effecting any Condominium have become delinquent, the Board may file for recording in the Office of the San Diego County Recorder a notice of delinquency as to such Condominium, which notice shall state all amounts which have become delinquent with respect to such Condominium andthe costs (including attorney's fees and interest which have accrued thereon, the amount of any assessments relating to such Condominium which is due and payable although not delinquent, a description of the Condominium with respect to which the delinquent assessments are owed, and the name of the record or reputed record Owner of such Condominium. Such notice shall be signed by the President or Vice President and Secretary or Assisstant Secretary of the Association. Immediately upon recording of any notice of delinquency pursuant to the foregoing provisions of this section, the amounts delinquent, as set forth in such notice, together -10-- with costs (including attorney's fees) and interest accruing thereon, shall be and become a lien upon the Condominium described therein, which lien shall also secure all other payments and/or assessments which shall become due and payable with respect to said Condominium following such recording, and all costs (including attorney's fees) and interest accruing thereon. Said lien shall continue for a period of one (1) year unless extended for a period of an additional year by the recording of a written extension by the Association. When a notice of assessment has been recorded, such assessment shall constitute a lien on each respective Condominium prior and superior to all other liens, except (1) all taxes, bonds assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first mortgage of record. In the event the delinquent assessments and all other assessments which have beëome due and payable with respect to the same Condominium together with all costs (including attorney's fees) and interest which have accrued on such amounts are fully paid or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this Article, the Board shall record a further notice, similarly signed, stating the satisfaction and releasing of such lien. Each assessment lien may be foreclosed as and in the same manner as the foreclosure of a morgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to Sections 2924, 2924 (b),'2924 (c) and 1356 of the California Civil Code, and to that end a power of sale is hereby conferred upon, the Association. The Association, acting on behalf.'of the Condominium. Owners, shall .have the power to bid for the Condominium at a foreclosure slae, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgement for unpaid assessments, rent and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same. Section 4.9 Subordination of the Lien to First Deeds of Trust and First Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first Mortgage upon any Condominium. Sale or transfer of any Condominium shall not affect the assessment lien. H6wever, the sale or transfer of any Condominium pursuant to a power of sale or a judicial foreclosure of a first Mortgage shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Condominium from lien rights for any assessments there- after becoming due. Where the Mortgagee of a first Morgae of record or other purchaser of I a Condominium obtains title to the same as a result of foreclosure, or exercise of a power of sale, such obtainer of title, his successors and assigns, shall not be liable for the -11- share of the common expenses or assessments by the Association chargeable to such Condomin- ium which became due prior to the acquisition of title to such Condominium by such obtainer Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Condominiums including such obtainer, his successors and assigns. Section 4.10 Estoppel Certificate. The Association shall furnish or cause an appropriate officer to furnish, upon demand by any person, a certificate signed by an officer of the Association setting forth whether the assessments on a specified Condominium have been paid. A properly executed certificate of the Association as to the status of assess- ments on a Condominium is binding upon the Association as of the date of its issuance. Section 4.11 Personal Liability of Owner. No owner may exempt himself from personal liability for assessments levied by the Association, nor release the Condominium owned by him from the liens and charges hereof by waiver of the use or enjoyment of any of the Common Area or by abandonment of his Condominium. Section 4.12 Taxation of Association. In the event that any taxes are assessed against the Common Area or the personal property of the Association, rather than against the individual Condominiums, said taxes shall be .added to the annual assessments and, if necessary, a special assessment may be levied against the Condominium in an amount equal to said taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each tax installment. -12- ARTICLE V RESPONSIBILITIES OF MAINTENANCE Section 5.1 Owner Maintenance of Living Unit. Each Owner of a Condominium shall be responsible for the maintenance and repair of the glass doors and windows enclosing his Unit, the interior of his Unit and all appliances whether "built-in" or free-standing within the Unit, the interior surfaces of the Unit and shall also be responsible for the maintenance and repair of the plumbing, electrical and heating systems servicing his Unit and located within the outside perimeter of the exterior bearing walls thereof, including television cable equipment and connections and all appliances and equipment located in said Unit. Each Owner shall also be responsible for the maintenance and repair of the Patios which he has the exclusive right to use, and shall make such repairs as the Board deems necessary, to preserve the attractive appearance and protect the value thereof. Section 5.2 Owner's Grant of Easements. Each Owner hereby grants easements to have utility companies enter into Condominiums to repair the plumbing, heating and electrical systems located thereon, subject to the following limitation. Entry into a Unit for emergency purpose may be immediate; provided, however, such entry shall be made with a little inconvenience as possible to the Owner and any damage caused thereby shall be repaired by the entering party. Section 5.3 Association Maintenance of Common Area. Except as otherwise provided herein, the Association acting through the Board and its 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 and the Recreational Area, together with the improvements, trees, shrubbery, plants and grass thereon, all as more fully set forth in this Declaration of Restrictions, the Articles and the By-Laws. The Association shall maintain and repair all guest or open parking areas, private drives and provide landscape maintenance of the parkways along the street frontages. The Recreational Vehicle Parking Lot and Landscaping for such Lot shall be maintained in a healthy and thriving condition. Section 5.4 Association Right of Entry. For the purpose of performing the maintenance of the Common Area or for any other purpose reasonably related to the performance by the Board of its responsibilities under this Declaration, the Association agents or employees Zttl- shall have the right to enter any Living Unit or upon any portion of the Common Area to effect emergency repairs. For other than emergance repairs, the Association's agents of employees shall have the right to enter any Living Unit or any portion of the Common Area to effect repairs, improvements, replacements.. or maintenance which the Association, after approval by two-thirds vote of the Board, reasonably deems necessary. Such entry shall be made with as little inconvenience to the Owner as possible and any damage caused thereby shall be repaired by the Association. Further, such entr for other than emergency repairs shall be made only after not less than three (3) days notice has been given to the Owner. Section 5.5 Association Right to Adopt Rules. The Board shall have the right to adopt reasonable rules not inconsistentwith the provisions contained in this Declaration, and to amend the same from time to time relating to the use of the Common Area, the facilities situated thereon, and the Recreational Area Lot, by Owners and by their tenant 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 community or offend or cause inconvenience or danger to persons residing or visiting therein. Such rules may provide that the Owner of a condominium whose occupant leaves propetty on the Common Area or Recreational 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, after appropriate notice and an opportunity for a hearing before the Board and a two-thirds (2/3) vote of approval by the Board. The Board may suspend the voting rights and right to use the re- creational facilities located on the Recreational Area of a Member who is in default, in th paynent of any assessment for any period during which such assessment remains unpaid, and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations, after reasonable written notice and an opportunity for a hearing before the Board as set forth in the By-Laws which satisfies the minimum requirements of Section 7341 of the California Corporations Code. -14- ARTICLE VI USE RESTRICTIONS The Condominium Units and Common Area shall be occupied and used only as follows: Section 6.1 Each Condominium Unit shall be used as a private dwelling, and for no other purpose except such temporary uses as shall be permitted by Declarant while the Project is being developed and Condominiums are being sold by Declarant; provided, however, that Declarant reserves the right, for a period of five (5) years from recordation hereof or until all Condominiums in the Project are sold, whichever shall first occur, to carry on normal sales activity on the Project, including the operation of models and a sales office and that Declarant, in exercising his rights under this paragraph, will not unreasonably. interfere with the use of the Common Area by any purchaser. At the termination of the above reserved right, Declarant shall restore any area of the Common Area to its original approved condition or design. Section 6.2 Use of the Common Area and Restricted Common Area shall be subject to the provisions of this Declaration, and to any additional limitations imposed by the Association. Section 6.3 No Owner shall permit or suffer anything to be done or kept in any Condominium Unit or in any Common Area which will increase the rate of insurance on the Common Area without the approval of the Association. No Owner shall permit anything to be done or kept in his Condominium Unit or in any Common Area which will result in the cancellation of insurance on any Common Area, or which would be in violation of any law. If by reason of the occupancy or use of said premises by the Owner the rate of insurance of the building shall be increased, the Owner shall become personally liable for the additional insurance premiums. Section 6.4 No -sign of any kind shall be displayed to the public view on or from any Condominium Unit, or any Common Area, without the approval of the Association, except such signs as may be used by Declarants for a period of time not to exceed five (5) years from recordation hereof in connection with the development of the Project and sale of Condominiums, and except one (1) "for sale" or "for Lease" sign on any Condominium Unit. All signs permitted under this Section shall conform with the City's sign ordinance, if any. Section 6.5 No professional, commercial, or industrial operations of any kind shall be conducted in or upon any Condominium Unit or the Common Area, except such temporary -15- I.- operations as may be approved by a majority of a quorum of the Association, and such temporary uses as shall be permitted to Declarant while the Project is being constructed and Condominiums are being sold by the Declarant. All commercial, industrial or professional operations, temporary or permanent, shall comply with the City's zoning regulations. Section 6.6 No Owner of a Condominium in the Project shall park, store or keep any vegicle except wholly within his Garage, or other appropriate parking area. Except as otherwise permitted by the Association, no Owner shall park, store or keep any large commercial type vehicle, any recreational vehicle (including but not limited to campers, nioterhomes, trailers, boat trailers, mobile homes or other similar vegicles), boats over twenty-one (21) feet in length or any vehicle other than a private passenger vehicle in his garage, or on any portion of the Common Area. The foregoing shall not include vans and camper trucks up to and including one (1) ten when used for every-day type transportation. No Owner shall conduct major repairs or major restrations of any motor vegicle of any kind whatsoever in his garage or upon the Common Area, except for emergency repairs thereto and then only to the extent necessary to enable movement thereof to a proper repair facility. Each Owner shall maintain his garage such that it is readily available for parking. All open parking spaces designated for guest parking, if any, shall be used exclusively for such purposes. In any event, all vehicles shall be parked in compliance with applicable City ordinances. Section 6.7 All Owners shall be Members of the .Association and shall comply with the terms and conditions as set forth in the Articles of Incorporation and the By-Laws and any rule or regulation cifthe Association. No Owner shall transfer anymembershipor interest in the Association, except upon the transfer of the Condominium to which it is sppurtenant. Section 6.8 Nothing in this Article or elsewhere in this Declaration shall limit the right of Declarant to complete construction of improvements to the Common Area and to Condominium Units owned by Declarant or to alter the foregoing or to construct such additional improvements as Declarant deem advisable prior to completion and sale of the entire Project. The rights of Declarant under this Declaration may be assigned by Declarant to any successor to all or any part of the Declarant's interest in the Project, as developers, by an express assignment incorporated in a recorded deed transferring such interest to such successor. -16- k. Section 6.9 No anumals of any kind shall be raised, bred or kept on the Property except that a reasobable number of dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained, for any commercial purpose, nor in violation of any other provision of this Declaration and such limitations as may be set forth in the rules and regulations of the Association. The Association, acting throuth the Board of Directors, shall have the right to prohibit maintenance of any animan maintained on any Condominium in the Propetty which constitutes, in the opinion of the Board, a nuisance to Owners of Condominiums within the Property. Animals belonging to Owners, occupants, or their licensees, tenants or invitees within the Property must be either kept within an enclosure, an enclosed yard or on a leash or or bridle being held by a person capable of controlling the animal, and it shall be the absolute duty and responsility of each such Owner to clean up after such animals which have used any portion of the Property. Notwithstanding the foregoing, in no event shall these restrictions be construed in. such a manner so as to permit the maintenance of any animan prohibited by the ordinances of the City. Section 6.10 The Owner shall not permit or suffer anything to be done or kept upon said premises which will obstruct or interfere with the rights of the other occupants, or annoy them by unreasonable noises or otherwise, nor will he commit 'or permit any nuisance on the premises or commit or suffer any immoral or illegal act to be committed thereon. The Owner shall comply with all of the requirements of the Board of Health and of all other governmental authorities with respect to the said premises. Section 6.11 Nothing shall be done in any Condominium Unit or in, on, or to any building in any Common Area which would structurally change any such building, except as is otherwise provided herein. Section 6.12 There shall be no structural alteration, construction, or removal of any building, fence, or other structure in the Project (other than repairs'or rebuilding pursuant to the provisions of the Declaration) without the approval of the Architectural Control Committee, as set forth hereinbelow, and of the City when necessary. No building fence, or other structure shall be constructed upon any portion of any Common Area other than such. buildings and structures as shall be constructed (a) by the Declarants (or a person to whom Declarants assign their rights as developers), or (b) by the AssOciation pursuant to the provisions of this Declaration. -17- Section 6.13 No Owner shall install or cause to be installed any T.V. or radio antenna or other similar electronic receiving or broadcasting device on any portion of the exterior of any building in the Project. Section 6.14 No Owner shall install or cause to be installed any screen door, of any type, or window awning on any portion of the exterior of any building in the Project. Section 6.15 With the exception of a lender in possession of .a Condominium following (1) default in a first mortgage, (2) a foreclosure proceeding, or (3) a conveyance or other arrangement in lieu of foreclosure, no Owner shall be permitted to lease his Condominium for transient or hotel purposes. No Onwer may lease less than the entire Condominium Unit. All lease agreements shall be in writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and By-Laws, and that any failure by the lessee to comply with the terms of such documents shall constitute a default under the lease. Other than the foregoing, there are no restrictions on the right of any Owner to lease his Condominium Unit. ARTICLE VII ARCHITECTURAL CONTROL Section 7.1 No building, fence, wall or other structure, or improvement shall be commenced, erected, placed or altered upon the Common Area until the location and complet plans and specifications showing the nature, kind, shape, height and materials, including external design and location of surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee appointed by the Board of Directors and composed of three (3) or more, not to exceed five (5), representatives. In the event the Board or its designated committee fails to approve or disapprove such location., plans and specifications or other requests within thrity (30) days after the submission-thereof to it, then such approval will not be required, provided that any structure or improvement so erected or altered, conforms to all of the conditions and restrictions herein contained, and is in harmony with similar structures erected within the project. The grade, level, or drainage characteristics of the Condominium Property or any portion thereof, shall not be altered without the prior written consent of the Board or its designated committee. The provisions of this Article shall not apply to the initial construction by Declaration of Condominiums or other improvements to the Condomini Property, and neither the Board nor any committee appointed by the Board shall have any authority or right to approve or disapprove the initial construction by Declarant of Condominiums or other improvements to the Condominium Property- -18- Section 7.2 The subdivider may appoint all of the original member of the - Archeitectural Control Committee and all replacements until the first anniversary of the issuance of the origiani public report for the first (or only) phase of the subdivision. The subdivider may reserve to himself the power to appoint a majority of the members of the Committee until 90% of all the subdivision interests in 'the overall developement have been sold or until the fifth anniversary of the original issuance of the final public report for the first (or only) phase of the subdivision, whichever first occurs. Members appointed to the Committee by the subdivider need not be members-of the Association. Section 7.3 After one year from the date of issuance of the original public report for the first (or only) phase of the subdivision, the governing body of the Association shall have the power to appoint onL member to the Architectural Control Committee until 90% of all of the subdivision interests in the overall development have been sold or until the fifth anniversary date of the origiani issuance of the final public report for the first (or only) phase of the subdivision, whichever first occurs. Thereafter the governing body of the Association shall have the power to appoint all of the members of the Archeitectrual Control Committee. Member appointed to the Committee by the governing body must be from the membership of the Association. ARTICLE VIII PROHIBITION OF PARTITION OR SEPARATION OF INTEREST Section 8.1 Separation of Interest. No Owner may sell, assign, lease or convey (i) his interest in the Common Area separate and appart from his Living Unit nor (ii) his interest in any Exclusive Use Area separate and apart from his interest in the Common Area or Living Unit. Section 8.2 Prohibition of Partition. Each of the Owners of a Condominiuq,:.whether such ownership is in fee simple or as a tenant in-common, is hereby prohibited from partitioning or in any. other way severing or separating such ownership from any of the other ownerships in the Condominium Property except :upon the hoiin that: (i) more than three (3) years before the filing of the action, the Project was damaged -19- I or destroyed so that a meterial part hereof was unfit for its use and the Project has not been rebuilt or repaired substantially to ist state prior to its damage or destruction, or (ii) that three-fourths (3/4) or more of the Project has been destroyed or substantially damaged, and that Owners holding in aggregate more than a fifty percent (50%) interest in the Common Area are opposed to repair or restro of the Project, or (iii) that the Project has been in existence in excess of fifty (50) years, that it is obsolete and uneconomic, and that Owners holding in aggregate more than a fifty percent (50%) interest in the Common Area are opposed to repair or res- toration of the Project; provided, however, that if any Condominium shall be owned by two (2) or more co-tenants as tenants in-common or as joint tenants, nothing herein shall be deemed to prevent a jeducial partition as between such co-tenants and no Condominium may be partitioned or subdivided without the prior written approval of the Mortgagee holding the first Mortgage on the Condominium. Section 8.3 Power of Attorney. The Association is hereby granted an irrevocable power of attorney to sell the Condominium Property for the benefit of all the Owners thereof when the partition of the Owners' interests in said Condominium Property may be had pursuant to Section 2 above. The power of attorney herein granted may be exercised upon the vote or written consent of Owners holding in the aggregate at least two-thirds (2/3) of the interest in the Common Area by any two (2) Members of the Board who are hereby authorized to record a certificate of exercise in the Office of the County Recorder, San Diego County, which certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith. -20- ARTICLE IX RIGHT OF MORTGAGEES Provided that the mortgagee informs the Association in writing of its appropriate address and requests in writing to be notified, neither the Association nor any Owner shall do any of the following, unless at least seventy-five percent (75%) of the frist mortgagees of Mortgages encumbering Condominiums (based upon one (1) vote for each Mortgage) have given their prior written approval: (1) seek, by act or omission, to abandon the Condominium Project or to terminate the Condominium Plan or this Delcaration, or change, waive or abandon any scheme of regulation or enforcement thereof, pertaining to the architectural design or the exterior appearance or maintenance of Living Units or the Common Area; (ii) change the pro rata interest or obligations of any Condominium for purposes of levying assessments or allocating distributions of hazard insurance proceeds or condemnation awards or for determining the pro rata share of the Common Area appurtenant to each Living Unit; (iii) partition or subdivide any Condominium; (iv) seek, by act or omission, to abandon, partition, subdivide, encumber, sell or transfer the Common Area; provided, however, that the granting of easements for public utility or other public purposes consistent with the uses of the Common Area shall not be deemed a transfer within the meaning of this provision; (v) use hazard insurance proceeds for losses to any portion of the Condominium Property for other than the repair, replacement or reconstruction of the Condominium Property, except as may be provided by statute upon substantial loss to the Living Unit or Common Area; (vi) fail to maintain fire and extended coverage insurance on the Common Area and the improvements thereto on a current replacement cost basis in an amount less than one hundred percent (100%) of the insurable value, based on current replacement cost. -21- I. - ARTICLE X DESTRUCTION OF COMMON AREA OR LIVING UNITS Section 10.1 Casualty Destruction -of Common Area. 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 five percent (5%) of the budgeted gross expenses of the Association for the fiscal year during which the repairs or rebuilding is necessitated, the Board shall contract to repair or rebuild the damaged portions of the Common Area substantially in accor- dance 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 five percent (5%) of the budgeted gross expenses of the Association for the fiscal year during which the repairs or rebuilding is necessitated, 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 shall contract as provided in (a) above. (c) if the Owners do not so agree to the repair or rebuilding of the Common Area as provided in (b) above, then each owner (and his mortgagee(s) as their respective interests shall then appear shall be entitled to receive that portion of the insurance proceeds equal to the proportion of the decrease in fair market value of his Condominium as compared to the aggregate decrease in the fair market values of all the Condominiums caused by such damage or destruction. For purposes hereof, fair market value shall be determined, by a Member of the American Institute of Real Estate Appraisers selected by the Board and hired by and at the expense of the Association. Should dispute arise as to the distribution of insurance proceeds, the dispute shall be decided by arbitration by the American Arbitration Association pursuant to its Commercial Rules of Arbitration. (d) if a bid to repair or rebuild is accepted, the Board shall levy a special assessment against each Condominium in the proportion the Condominiums are assessed, pursuant to Section 4.6 of Article IV of this Declaration, for purposes of raising funds for the rebuilding or major repair of a portion of the structural 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. Section 10.2 Taki ng of Common Area. If any portion of the Common Area is taken by condemnation, eminent domain or any proceeding if lieu thereof, and the award therefor is not apportioned among the owners and their mortgagees as their respective interests then appear by court judgement or by agreement between the condemning authority and each of the affected owners, then the owners of the Common Area, and their mortgagees as their respective interest then appear, shall be entitled to receive a distribution from the award for such taking in the same proportion as insurance proceeds will be distributed pursuant to subsection (c) of Section 1 above, provided, however, that should it be determined to repair or rebuild any portion of the Common Area, such proceeds shall be -22- paid to the Association for that purpose in the same manner and subject to the same terms, conditions and limitations as are set forth above in Section 1 of this Article X for repairing damaged or destroyed portions of the Common Area. A decision to repair or rebuild shall be made in the same manner and subjet to the same conditions and limitations as provided above in Section 1 of this Article X for determining whether to rebuild or repair the following damage or destruction. Section 10.3 Casualty Destruction of Living Unit. 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 therefor; provided, however, that any such Owner may, with the written consent of the Board, reconstruct or repair the same pursuant to new or changed plans and specifications. In the event the Board 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 10.4 Taking of Living Unit. In the event of any taking of a Living Unit, the owner (and its mortgagees as their interests may appear) of the Living Unit shall be entitled to receive the award for such taking and after acceptance thereof he and his mortgagee shall be divested of any further interests in the Condominium Property if such owner shall vacate his Living Unit as the result of such taking. In such event said owner shall grant his remaining interests in the Common Area appurtenant to the Living Unit so taken, if any, to the other owners owning a fractional interest in the same Common Area, such grant to be in proportion ot the fractional interest in the Common Area then owned by each. Section 10.5 Association Insurance. The Association shall obtain and continue in effect the following insurance: (a) A master fire insurance policy with glass coverage and extended coverage endorsement for the full insurable value of all of the improvements within the project. "Improvements" means and refers to the Recreational Area, the Common Area together with those appliances and improvements located within the Living Units provided by Declarant to the initial owners of Condominiums and does not include items not provided by Declarant. The form and content of such policy must be satisfactory to all institutional first trust deed lenders and shall meet the maximum standards of the various institutional first trust deed lenders whose loan(s) encumber any of the Condominiums. -23- S (b) A public liability and property damage insurance policy with cross liability endorsement, if available, insuring the Association, any manager, the Declarant and the owners against liability incident to ownership or use of the Recreational Area or Common Area. The limits of such insurance shall not be less. than one million dollars ($1,000,000.00) covering all claims for death, personal injury and property damage arising out of a single occurrence. (c) A fidelity bond covering members of the Board, officers and employees of the Association and employees of any manager or managing agent, whether or not such persons are compensated for their services, naming the Association as obligee and written in an amount equal to at least one hundred fifty percent (150%) of the estimated annual operating expenses of the Association. (d) Workman's Compensation Insurance covering any employees of the Association. Insurance premiums for the master policy shall be a common expense to be included in the monthly assessments levied by the Association. Each Owner shall be responsible to pay any deductible amount for any loss to his Condominium. Each Owner may separately insure within his Condominium. No Owner shall insure his Condominium in any manner which would cause diminution in insurance proceeds from the master policy. Should any Owner violate this provision he shall be responsible to the Association for any such diminution. ARTICLE XI GENERAL PROVISIONS Section 11.1 Enforcement. The Association and any Owner shall have the right to enforce by any proceedings at alw or in equity, all covenants, conditions, restrictions, and reservations, now or hereafter imposed by the provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant, condition, restriction or reservation herein contained shall, in no event, be deemed a waiver of the right to do so thereafter. Section 11.2 Severability. Should any provision in this Declaration be void or become invalid or unenforceable in law or equity by judgement or court order, the remaining provisions hereof shall be an remain in full force and effect. Section 11.3 Amendments. During the period of time prior to conversion of the Class B Membership to the Class A Membership, this Declaration may be amended by an instrument in writing signed by seventy-five percent (75%) of the voting power of each class of members of the Association, which amendment shall become effective upon the recording thereof by the Office of the County Recorder of San Diego County, California. After the Conversion of the Class B Membership in the Association to Class A Membership, the Declaration may be amended by an instrument in writing signed by (i) seventy-five. percent (75%) of the total voting power of the Association and (ii) at least seventy-five percent (75%) of the voting power of members of the Association other than Declarant provided, however, than any provision or specific clause of this Declaration requiring -24- A actions by a vote greater than that specified in subsections (i) and (ii) herein may not be amended without the vote or written consent of members entitled to exercise that higher percentage of the voting power. Section 11.4 Extension of Declaration. Each and all of these covenants, conditions and restrictions shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which date they shall automatically be extended for successive periods of ten (10) years. Section 11.5 Encroachment Easement. In the event any portion of the Common Area encroaches upon any Living Unit, or any Living Unit encroaches upon the Common Area or another Living Unit as a result of the construction, reconstruction, repair, shifting, settlement or movement of any portion of the improvements, a valid easement for the encroachment and for the maintenance of the same shall exist, and the rights and obligations of Owners shall not be altered xn any way by said encroachements, settlement or shigting provided, however, that in no event shall an easement for encroachment be created in favor of an Owner if said encroachement occurred due to the willfull misconduct of any Owner. In the event any portion of a structure on the Condominium Property is partially or totally destroyed and then repaired or rebuilt, each Owner agrees that minor encroachments over adjoining Living Units or Common Area shall be easements for the maintenance of said encroachments so long as they shall exist. Section.11.6 Liiation. In the event the Association, Declarant or any . Owner shall commence litigation to enforce any of the covenants, conditions or restrictions herein contained, the prevailing party in such litigation shall be entitled to costs of suit and such attorney's fees as the court may adjudge reasonable and proper. The "prevailing party" shall be the party in whose favor a final judgment is entered. Section 11.7 Annexation of Additional Property. Upon approval in writing of the Association, pursuant to two-thirds (2/3) of a majority of the voting power of its members, excluding the voting power of the Declarant, the Owner of any property who desires to add it to the scheme of this Declaration, and to subject it to the juris- diction of the Association, may file of record a Declaration of Annexation which shall extend the scheme of this Declaration to such property.. Section 11.8 Owner Compliance. Each Owner, tenant, or occupant of a Condominium shall comply with the provisions of this Declaration, the By-Laws, decisions and resolutions of the Association, as lawfully amended from time to time, and failure to comply with any such provisions, decisions, or resolutions shall be grounds for an action to recover sums due, for damages, or for injunctive relief. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration or in the By-Laws shall be deemed to be binding on all Owners of Condominiums, their successors and assigns. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal this day of ,l9____ NIGUEL INTERIORS, INC. Robert W. Jahn, Jr. -26- PLNG FILE: c-i- 3-3 WHEN RECORDED MAIL TO: FIRST AMERICAN TITLE COMPANY 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 CONDOMINIUM PLAN IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA LEGAL DESCRIPTION CONTENTS LOT 44-AND 135, CARLSBAD TRACT 73 -34 (RANCHO LA CUESTA) II CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, MAP 8351 RECORDED IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY ON JULY 28, 1976. SHEET I OWNER'S CERTIFICATE -----2 ACKNOWLEDGEMENTS ------- SURVEYOR'S CERTIFICATE ----- 4 DEFINITIONS ---------- 4 GENERAL NOTES--------- S-é SURVEY MAP --------- 9 BUILDING LOCATION MAP ---- tO BASIS OF DATUM - __---• 7 VERTICAL ELEVATION SCHEDULE-- 8 DIAGRAMMATIC FLOOR PLANS------- (H14 PATIOS SECTIONS 15-17 SHEET 1 of 17 SHEETS OWNER'S CERTIFICATE We, the undersigned, being all the owners of, and record holders of security interest in the real property herein described do here- by certify that: RECORD OWNER NIGUEL INTERIORS, A CALIFORNIA CORPORATION ME DONALD B. AYRES, JR. PRESIDENT We, hereby consent to the record- ation of this plan of condominium pursuant to the provsions of Chapter 1, Title 6, Part 4 Divi- sion Second, California Civil Code, consisting of: (1) The description or survey map of the surface of the land Included within. this project as such description and survey map Is set forth herein; (2) The diagrammatic floor plans of the buildings constructed on said land as said dia- grammatic floor plans are set forth herein; and, (3) This certificate. BY: ARTHUR G. STICKEL SECRETARY SHEET 2 of 17 SHEETS. CONDOMINIUM PLAN ACKNOWLEDGEMENTS STATE OF CALIFORNIA) COUNTY OF ORANGE $S ON THIS DAY OF , 1984, BEFORE ME , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AND (PERSONALLY KNOWN TO ME! PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT AS PRESIDENT AND SECRETARY OF NIGUEL INTERIORS, A CALIFORNIA CORP'ORATION, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTED THE SAME. MY COMMISSION EXPIRES NOTARY PUBLIC IN AND FOR SAID STATE SHEET 3 of 17 SHEETS CONDOMINIUM PLAN SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT I AM A LICENCED LAND SURVEYOR NO. 5210 OF THE STATE OF CALIFORNIA; THAT THIS PLAN CONSISTING OF SHEETS CORRECTLY REPRESENTS A TRUE AND COMPLETE SURVEY OF THIS CONDOMINIUM PROJECT MADE UNDER MY SUPERVISION IN , 1984. MICHAEL A. WUNDERLIN, LS 5210 WUNDERLIN ENGINEERING, INC. 560 EAST VALLEY PARKWAY SUITE 102 ESCONDIDO, CALIFORNIA 92025 (619) 743 -2238 DATE DEFINITIONS 1. Project shall mean and refer to all of that certain • real property described in Sheet 1 of the Condominium Plan, and all structures and other improvements, including the Condominium Units constructed thereon. 2. Condominium shall mean and refer to a fee simple estate in the Condominium Property as defined in Section 783 of the California Civil Code and shall consist of a separate interest in a Living Unit and an undivided fractional interest as tenant in common in the Common Area. 3. Condominium Building shall mean and refer to a separate building containing one or more Condominium Units. 4. Common Area shall mean and refer to all of that certain real property described on Sheet 1 of the Condominium Plan, together with all structures and other Improve- ments constructed thereon but excepting therefrom all of the Condominium Units. 5. Condominium Unit shall mean and refer to the elements of a Condominium which are not owned in common with the Owners of other Condominiums in the Project, said Units being more particularly described in the General Notes hereof. 6. Exclusive Use Area shall mean and refer to those portions of the Common Area to which an exclusive right to use is granted to a Owner as shown and des-- cribed as Restricted Common Area on the Condominium Plan and shall consisit of patios and balconies SHEET of 17 SHEETS CONDOMINIUM PLAN GENERAL NOTES 1. Each Condominium Unit shall be a separate freehold estate, as defined in Section 1350 of the California Civil Code, consist- ing of some or all of the following elements in accordance with plans and specifications for each Condominium Unit, as more particularly shown, described herein: The dwelling space bounded by and contained Within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and doors of each Unit, identified herein by a Number; Each Condominium Unit includes both the portion of the building so described and the airspace so encompassed, all windows and doors in said Unit, but the following are not a part of the Condominium Unit: bearing-walls, columns, floors, roofs, slabs, foundations, lobbies, stairways,-landings, tanks, pumps, central hot water tanks, irrigation equipment, and other central services, pipes, ducts, flues, chutes, conduits, wires, exterior lighting, and other utility installations, wherever located (except all utility installations and/or outlets thereof when located within the Condominium Units), open parking spaces, lawns, pavements, trees, and all other land- scaping. In interpreting the Declaration, this Condominium Plan and conveyances, the existing physical boundaries of the Condominium Unit, or of a Condominium Unit reconstructed in substantial accordance with this original Condominium Plan thereof, shall be conclusively presumed to be its boundaries rather than the metes and bounds (or other description) expressed in the Declaration, Condominium Plan or conveyance, regardless of settling or lateral movement of the building and regardless of minor variance between boundareis shown on the Condominium Plan or in the deed and Declaration and those of the building. 2. A feehold estate consisting of an undivided interest in the remaining portion of the Project is described and referred to herein as the "Common Area". The Common Area shall include, without limitation, the land within the project as defined hereinabove, each Condominium Building (excepting therefrom the Condominium Units), together with all bearing walls,columns, floors, roofs, slabs, foundations, lobbies, stairways, landings, carport storage spaces, tanks, pumps, central hot water tanks, irrigation equipment, and other central services, pipes, ducts, flues, chutes, conduits, wires, exterior lighting and other utility installations, wherever located (except all uitlity installations and/or outlets thereof when located within the Condominium Units), open parking spaces, lawns, pave- ments, trees, and all other landscaping. Control of the Common Area shall be turned over to the Association upon the closing of the sale of the first Condominium in the Project. 3. Portions of the Common Area shown and described herein as patio areas are hereby set aside as an Exclusive Use Area and allocated as set forth herein. Each patio area, located herein and designated therein by the letter "P" and a letter followed by a number, is hereby assigned to its respective Condominium Unit as set forth in the Condominium Plan. Each and all of said patio areas constitutes an exclusive easement appurtenant to its respective Condominium Unit subject to the exclusive uses and purposes set forth in the Declaration. It shall be the obligation of each and every Owner to maintain his respective Restricted Common Area in neat, clean, • safe and attractive condition at all times and to bear the expense of maintaining same. 4. The thirty-six (36). individual condominiums hereby established and which shall be individually conveyed are described as Condominiums numbered 1 through 36, inclusive, as described herein. SHEET 5 of 17 SHEETS CONDOMINIUM PLAN GENERAL NOTES (CONTINUED): 5. All air space boundary lines intersect at right angles, unless other- wise indicated. 5. All building ties are at right angles to project boundary unless otherwise shown and are measured to the foundation line of the build i ng. SHEET 6 of 17 SHEETS CONDOMINIUM PLAN BASIS OF DATUM 1. The basis of bearings for this survey is a portion of the centerline of Manzanita Street per Map No. 8351, in the City of Carlsbad, having a bearing of North O 0 4411 11 East. 2. BENCH MARK: The top of a brass disc in a standard well monument in the centerline of El Camino Real in the City of Carlsbad at Station 135+19.56 E.C., San Diego County Bench Mark No. 201. Elevation 153.432 feet. SHEET 7 of 17 SHEETS CONDOMINIUM PLAN VERTICAL ELEVATION SCHEDULE BUILDING U NIT UNFINISHED FLOOR ELEV. A 1 133.50' 2 135.00' 3 -136.00' B 4 141.50' 5 142.50' 6 144.50' C 7 146.00' 8 146.50' 9 146.50' 10 147.50' 11 149.00' D 12 151.50' 13 152.50' 14 154.00' 15 155.00' 16 156.50' E 17 158.00' 18 159.50' 19 161.00' 20 161.50' 21 162.50' F 22 164.50' 23 165.50' 24 166.50' 25 167.00' 26 167.50' G 27 156.00' 28 155.50' 29 154.00' 30 153.50' 31 151.50' H 32 145.50' 33 144.00' 34 142.00' 35 139.50' 36 136.50' SHEET 8 of 17 SHEETS 03" 14'-w&',41 4' 42'SIDO' O R.7' 4.- 5E3' . 45'5a'oo O 9.23' O S/4'53P4 48.00' O N045'OZ$. '54,00' 0 N /4'rIs 48.31 9 9 4.34.34' M O-44-11e. 103.80' 4.s,'I4'sr 9 .447' . 7/44'ZS" O 9.57' 4.55.3/ a • O -s' O ' $''4"4' 540' 9 4'. 84'II'/.f'8. .57.9" 4.4401'57' R.sr L• 5440' 9 4. c$04O'• L- 4F. 9 Mar:407'l /10.44' 4. /7•59' /4' O e-'z' 415t' 9 N. 4455.3'fl( 4583' 4. Sa3dao' 0 4.42' 4. 4.4g' 9 4'8.C353'N 59.35'' J. 99//'Jf 0 9 4' 49d'9'$S'S' .rZ44 iV.. 7t'7'JO/J Z& , 7., J. .t.., . 4 JIY. . s. hh (SD. 379537' .51iRy2'y Ala V11d13W7 £X.c3r,A jar ?4'9t3Cq'P43 p/o9 .444,A'$O "R'C.E. /7377' PER' P3w# .1Xggr Ai-Cg35 .4/GNXI 414P NO. 835/i ,qs.cI.vQ ',s.4'sa AM 755 9,' - - ALGA ACCESS RI6I4TS TO ALGA ROAD /4'53fl t 89' ARE LRzQUIsMEo ' REo,J \ \ ROAD G272' --_ Lk1 61 (o.a 3rsser 54'.QS&Y -) l4 1.449A'a 5540, .SE5 .44.49 ,,'a 5j5/ SCALE: /.O' :5 I smEar 3U4(ay '\ '- "Rc.â'.17J77,'ArRi I C(M75541M5 " 44'SI'S 92.4 .5449 N48.i1 / SE, 4'Gj• "S 30 14 Lk co sMi' ii•'L. I Ik, j I Il jI c'Jy'Y .A COri4 Poq '74g YPW'.4€rg5S R/46O i!'g4INOW5N$0 A4 a 34' /R'oN PIPE 14'JFW TAG MARXEO 'E.17377' FiR ,l.4P 1.10. 835/. NUMBERED DATA © ..f'.35' C .9.2G' J. 38 ® R. E5 L • -9a. 7d 4. /2"58 50' ® d"55O' ® R.47o' C. 91.07' a - 94'O5e'f 4. L'//6t50 4= //8' 4' ® 9-500' 40'lS'/d' N E4.5G'IJl ELGi 0 M53'4( .4s © N. i4'f5J'Hf -ft 5d 9 N 44'04.rN z js' 4. /I•47•44• 9 9.501 C. /pr. V& 4. 5Z3'S4' M. /406 4.54.40' 9 AC 5•3541'nc 7Z. 9 4' $3445* 44.aO 9 N.5.S8'4f 4' 3.48' 9 N34'2//5'5 54w' 3•4 cccs RIM- To ALGA R.AD i REZ41UiS14ED ME.OJ loaod Sal, ff mj~rwaY4 R4 •- • 5 I IIj Pa 745 4.44W9 'R.CE. 17377'PE4 dWAP MO. 835/. hl 4. 58'A4'Od' 0 4. 55 3' 3:' 9 4 442'40 0 4.573', N E2E'07'M( 4.12,29,14* 9 .-,ai' 9 N 54'$45.t'Il( 45.33' 4' 505800' 9 2.88' 6- 86.78' 0 4'.3•Z4'$J.W $Z33' 4. 5'0307' 9 9.32' 43650 9 M74Jo'o0'4 //Z/5' 1.z5p aw O 2.44' 4-20/49, J. 71* 07'so* 4' $7.51' 9 N74"JOOO•E $4.03' 4. ,q',s'o' 9.553' 4.5544' LOT! .907 4C.25 540.5 .96.2 ACRES ..F7' 4- 59 5 a3' 0 8. /0t3'2S' 9 -4- - - 4- / / _,:,,.,• \ - - - _,, c ACCESS AIJO UTILITY EASEMENT V 87i7O4'4( .540. '/ DEDICATED 94ROlJ.- Uil T NO COTTON WOOrA VENUE l SHEET 2 OF 2 SHEETS BASIS OF BEARINGS: TIlE 5951-S OF 82.441/145 PaR' ?A'/J 3i4Qi':Y is .4 .R'r/0.V a' 7WS CCWTS441NE OP /d.41V.r4N17 .579557 .4 3F4946 OP N 044 //15 P.54 4445 Na 83$.0 LEGEND: • I/ID/cA 745. P0/N7Z$ Poc.%'E .4/ID D235R/4SD Nqiv. o .sr 4's /4' TAG 3?A#.W0 'L.5. 401 /4'O/CA7 44.40 /Eg.'4 .44'4 3e4 EA3C 5144(950 '4$ 52.1 .347 /4' CO//C. 3/0554449 9.A0 AW 9'# It *40444 ?D 74$ 7W4( 4'4074V. 5$$ OEFIRR'E# ,W0//Y4qIY/747.'o.v cg.q77.r,4w 04' .514(47' I) ri 020'a" 9.2500' -o 45 54. (I, I- Ij.J LIJ Li, 4- 0 I- LIJ = C,) 50. ?AG 44.49/ri0 I/I .JIDSW.449 P*9 NAP 3d3° VICINITY MAP CARLSBAD TRACT NO. 83 - 33 0/ (-W.7uJi SEAPORT CONDOMINIUMS 'p/C. 540 .5 14444.55 itqp/sGr, &'" - - £5C4ND/P0 4.44,5 fSa55 . ' SEAPORT CONDOMINIUMS; 4c34 - -------_ - L. N 4w' ra w P-26 6272T Id 811,59, 1' • - 44o'25 4.41.08' - rL IL 'S I • SCALE: f 40 N1I/.15ERED DATA 0 4!/'I0 j49' Q N89'/45d'IE 3/9./S /./04'50'53'N. 02.83' M0450'2. /5.00' ® M842//5E. 3.49' ,O. 425d 00 4. S0'30'Od' 6 4/6'/458'N.2O.79 ® R.7' ® R- -4r 4'5608'00" b.feJ' L.4/4Z' Na'45'ae'E/Soo' 4.42' 5000' L'4922' N 8't4'oS'W 59.33' (j) /1.89'/456'6. load Q• Xr25' ® R./' ® R'22' ® N8r/f58N. ,fd00' L.36.09' 9'/4'SjN. 44.5/' 44054 ® ii/.045003 5400 Nar/4'.MN. ?2(/8' . /I0450f4 8.00 ® .5734 ®/51E44.jo' A. 89ss'0r 0 ® M62'24'07,,,'/a8.4' 4.900d Si' L•34.f9' 0 M83'M'58'N17.71' '11. R. /4W, ® < 044•I/•8. ,,,. J N 0•15'Od'6 0. 6 7 L.38 pa, Al. o''ic. /03.80' 4.IOZ'59'22' N. 89'/4 58'S* 1723' N 13fl( G2.85 8 .JI•f4 'sr L. 4.9-03, 0 N 2.5'03'0714. 3.53' N. ar/i-siN ,rod 8- 7144'ZS' @Md/458'W /5.00' Mdr'4'58'fl( /45' R. Z7, § M045'02' /500' (J N8,431N. 4. 95'49'07' N 043o24, /000 ® M8rAosi/y /3500' ® L..50' N ?30'00'S /11,19' 5 34'/4'/5 8.40' ® N 0'45'02'E. Zoo' ® //87114'SfN. N. 84V'i3'g. jp' N. 045 02'8. /800' ® M89'/0'58"E /900' 4. 44'OZ'57' @ N0"45'0Z'E. /0.00' J N8914'58"fr/ /35.00' 6. 7/'p7'21, ' N. 0'45'088. 10.00' NM'/4'53'i4 4.17' R. L2731• 4 W09 ,4' J N.or,4aN /5.00' N8'Z4'53'IE .SZ' N, oJOO'i 54,03' IV IZ5, ® N04f'0Z"8.. //.O•44//3 429' 4.1415'0Z' S s'.ara'o7'i.,io.00 1@ N04502"1. /2,Od ® //.049'If 1. 8*81' N O•49 014 /a00 @ z' @ 8 /LD/ 6' C flU/ I',,' JJLLJ DIN - 4VENU' I 'J corT0 °°° - !46 063/ / 40- L N I :1 Ft ' J J - J I - J • & N / - L • \ // 'L /c~ /Pc CONDOMINIUM PLAN FLOOR PLANS SHEET 11 of 17 SHEETS jdI I? P-8 p-7 - Ell- I I /,9,• - 1O 8 7 I UILDING .0 I 9 •11. - O#7 - 0.87 /4 ed z C z C •0 U, I- LU LU = U, 0 04 I.- LU LU = U) (I) z 0 0 0 -J IL CONDOMINIUM PLAN I P-15 - ... J 0.4 — - 12 p-'l 6 9 p- 14 Ft 'F 0 d 1' '' 13 16 15 BUILDING D III ,,.,, 4. ,,. ,c 19.20 IN /J42O • fl;T:k—rQ435. [420 j P 1 hlr • ,z /1. • ' '' - - /0] 21 tI . — II -- • 18 18 .20 19 BUILfIING £ 17 II I4.'' 1041 I FLOOR PLANS SHEET 13 of 17 SHEETS U, I- Li Li U, 4- 0 -z1- I- Li Li U, cn-z CIC -J a. 0 0 -J U. FP-36 I___ 1L- .f 36 z 0 z 0 0 CNDOMINIUM PLAN -. 0. J5 U qR,ES 's6( 011101A' .) CROSS-SECTIONS 4. Ilk SHEET 15 of 17 SHEETS 10 SECTION A-A 4ZZa 14 21.34 SECTION C-C F- LU LU = (1) r-. 4- 0 0 I- LU LU = OP N N N SECTION E-E Cl) z 0 C.) Ui C,) Cl) 0 IX CONDOMINIUM PLAN /aJØ I 6RtGE. SLAB L UI%5ED FLOOR /, - 21116' SECTION B-B fa' (1 w w = U, LLJ Uj - - 1ooR\ U, UI C'.J — 00 - SECTION F-F SECTION H-H - i4 AR•I5 r-. (01 2 - z.. — - / z LI - 0 - "4 Q U).— O CV't Cfl ILI - C1710 C 0 0 LW.'w,.5//d' I 04, m C14 cylt N __ 40 %D 2g Ln r - '- - N- - .—.--( SECTION G-G 1 • SECTION D-D 15ID &oog (UMFI GAg FLooR Th VA/E5 © V4'/ES utwu3tSI-WSD FLOOR J- ______ / '°• k C'4.—C'4 - - I WUNDERLIN ENGINEERING, INC. 560 East Valley Parkway Suite 102 ESCONDIDO, CALIFORNIA 92025 (619) 743-2238 TO P( b- IZcz CfL 9Zb - WE ARE SENDING YOU 0 Attached 0 Under separate cover via LIE UTEM @XF MUSOMURL DATE c4 . I JOB NO c43 ATTENTION '7ra 9Y?3 S-e'c~' C() ZZ:A] L~. 14^ A the following items: o Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications El Copy of letter EJ Change order 0 COPIES DATE NO. DESCRIPTION z THESE ARE TRANSMITTED as checked below: • For approval • For your use • As requested o -For review and comment o FOR BIDS DUE______ REMARKS • Approved as submitted • Approved as noted o Returned for corrections 0 o Resubmit copies for approval • Submit copies for distribution • Return -corrected prints 19 0 PRINTS RETURNED AFTER LOAN TO US COPY SIGNED: /JA £ PRODUCT 240-2 // Inc. GnUOIU Miss 01410. If enclosures are not as noted, kindly notify us at once. - CASE No.: Ct8'-33/e-f'-s7 DATE RECEIVED: APPLICANT: REQUEST: Z9 irJtv ENVIROENTAL EXEMPT OR EXCEPTED Posted: Prior Compliance: Published:________ Filed Filed: NEGATIVE DECLARATION:___________________________ Posted: -/7- ?Ø Published: -5--t Notice of Determination:______ E,LENrJL IACT REPORT:____________________ Notice of Notice of Notice of Preparation: Completion: Determination:__________ PLANNINGCOr4MISSION 1. Date of Hearing: 2. Publication:_______________________ 3. Notice to Property CXinars: 4. Resolution No._________________________ (Continued to: . 5. Appeal: . CITYCOUNCIL 1. Date of Hearing:......./ q_ 2. Notices to City Clerk: ....... 3. Agenda Bill: . 4. Resolution No ............. Date: 5, Ordinance No ..............Date: COPPESPONDENCE Staff Report to Applicant: Resolution to Applicant: .............. ACTION: P'-i'Jc- F I LJ @_T e 3-33 _ JL IL / 500 SCALE MAP C.t 83-33/C.R-257 SEAPORT CONDOMINIUMS ;llll .1 cl 47) 03 © K~ I qt Nil : • __ zQ _ II EIE0N 9LANNiN8 6 A A P H 1 0 8 1 EtIJ8TI1AT0 N I ____ 011llI -! I 111111 L 1111111 ( ON 1 91 11111 Ed it!., p 131 kti; Kn- I 1•,III' P1VIk'IIIL iIiiii IIIIIMLIIIiI' W.,lAwwm Or Vg-CL ilo 1U) oz~ N, I II NY ZN yW r) J 14 141 I. 0 4' 'I I. 1- U' F. U) ( z z 4 F' - 1U. LUI z 0 F- > III J F- U) ( ii 0 rH a- I- ( UI J U' r z S'Oh1HI 1 ~n5l JJtL GnKTV ,o Puo jv1/j NQSLVJCfl