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HomeMy WebLinkAboutCT 84-32; MARBRISA COBBLESTONE; Tentative Map (CT)ORDER NO. 1130292-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 JUNE 24, 1996 BRAMALEA 27432 CALLE ARROYO SAN JUAN CAPISTRANO, CA ATTN: TRUDIE WILSON YOUR REF: PAC WEST OUR ORDER NO. 1130292-6 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE. EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JUNE 18, 1996 AT 7:30 A.M. -2- DIANNE LIVINGS ON'- TITLE OFFICER DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647 PAGE 1 ORDER NO. 1130292-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: PACWEST QA-1, A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE AND EASEMENT THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 199G-97, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. AN EASEMENT FOR PUBLIC UTILITIES, INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED FEBRUARY 16, 1920 IN BOOK 798, PAGE 243 OF DEEDS. A STRIP OF LAND 2 FEET IN WIDTH AND BEING 1 FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: PAGE 2 ORDER NO. 1130292-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: ALL THAT PARCEL OF LAND DESIGNATED AS "DESCRIPTION NO. 5, 103.54 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGtJA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING THEREFROM THAT PORTION THEREOF BEGINNING AT THE NORTHWESTERLY CORNER OF SAID DESCRIPTION NO. 5, SAID POINT BEING THE INTERSECTION OF LAUREL TREE ROAD AND THE NORTHERLY LINE OF SAID DESCRIPTION NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 83 0 40'44" EAST, 584.96 FEET; THENCE SOUTH 45°31'49" EAST, 1,129.51 FEET; THENCE SOUTH 70 0 09'50" WEST, 17.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 51.13 FEET THROUGH A CENTRAL ANGLE OF 09 0 45 1 55"; THENCE TANGENT TO SAID CURVE, SOUTH 60°23'55" WEST, 115.58 FEET; THENCE SOUTH 57 0 18'45" WEST, 328.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 57°03'32" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, 334.65 FEET THROUGH A CENTRAL ANGLE OF 38 0 20'54"; THENCE TANGENT TO SAID CURVE, NORTH 71 0 17'22" WEST, 336.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 844.63 FEET THROUGH A CENTRAL ANGLE OF 84 0 54'05"; THENCE TANGENT TO SAID CURVE, NORTH 13°36'43" EAST, 5.13 FEET TO THE POINT OF BEGINNING. IV EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS 11 60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES', AS SHOWN ON SAID RECORD OF SURVEY NO. 5715. EXCEPTING FROM SAID 60.00 FOOT STRIP, THAT PORTION WHICH LIES WITHIN PARCEL A ABOVE. T:01/29/96 10:11:59 V: i / : JL 00 PAGE 8 ORDER NO 1130292-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS PARCEL A; ALL THAT PARCEL OF LAND DESIGNATED AS "DESCRIPTION NO. 5, 10-3.54 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OP THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBEP.. 16, 1896. EXCEPTING THEREFROM THAT PORTION THEREOF BEGINNING AT THE NORTHWESTERLY CORNER OF SAID DESCRIPTION NO. 5, SAID POINT BEING THE INTERSECTION OF LAUREL TREE ROAD AND THE NORTHERLY LINE OF SAID DESCRIPTION NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 83 0 40'44" EAST, 584.96 FEET; THENCE SOUTH 45 0 31'49" EAST, 1,129.51 FEET; THENCE SOUTH 70009r501t WEST, 17.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY RAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 51.13 FEET THROUGH A CENTRAL ANGLE OF 09 0 45 1 55"; THENCE TANGENT TO SAID CURVE, SOUTH 60 0 23 1 55" WEST, 115.58 FEET; THENCE SOUTH 57 0 18'45" WEST, 328.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500. 00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 57 0 03 1 32" WEST THENCE NORTHWESTERLY ALONG SAID CURVE, 334.65 FEET THROUGH A CENTRAL ANGLE OF 38 0 20'54"; THENCE TANGENT TO SAID CURVE, NORTH 71 0 17'22" WEST, 336.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 844.63 FEET THROUGH A CENTRAL ANGLE OF 84 0 54 1 05 11 ; THENCE TANGENT TO SAID CURVE, NORTH 13 0 3'43" EAST, 513 FEET TO THE POINT OF BEGINNING. PARCEL B EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS 11 60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON SAID RECORD OF SURVEY NO. 5715. EXCEPTING FROM SAID 60.00 FOOT STRIP, THAT PORTION WHICH LIES WITHIN PARCEL A ABOVE. t1S/V., T1I.'4/ i(flhl59 V / I .JL uO PAGE 8 k WHEN RECORDED, PLEASE RETURN) THIS INSTRUMENT TO: ) {MAIL STATION A45} ) ) Clerk, Board of Supervisors ) San Diego County Administration Center ) 1600 Pacific Highway ) San Diego, California 92101 RECORDED REQUEST OF DEPARTMENT OF GENERAL SERVICES Space Above For Recorder's Use Only FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO NO TRANSFER TAX DUE Lots 1 through 117 inclusive of Cobblestone Sea Village Unit 1 according to Map thereof No. ; and Lots 118 through 234 inclusive of Cobblestone Sea Village Unit 2 according to Map thereof No. Parcel No. 212-040-30 AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AVIGATION EASEMENT DEED CASE NO. CT 84-32(A) WHEREAS, PAC WEST QA-I, a California limited partnership, hereinafter called the "Grantor" is the owner in fee of that certain parcel of land situated in the County of San Diego, State of California, more particularly described as follows: Lots 1 through 117 inclusive of Cobblestone Sea Village Unit 1 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. filed in the Office of the County Recorder of San Diego County on , 1996; and Lots 118 through 234 inclusive of Cobblestone Sea Village Unit 2 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. filed in the Office of the County Recorder of San Diego County on , 1996. hereinafter called "Grantor's property;" In consideration of and as a condition of approval by the City of Carlsbad, California, of a final subdivision map for Carlsbad Tract CT 84-32(A), receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual non-exclusive easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation and flight, hazard and air space ("Avigation Easement"), over and through all air space 1 Form: Perpetual Avigation Easement Rev. 6/10/96 i above Grantor's property, as particularly described herein before, from the surface to an indefinite height above said surface. The Grantor herein, its heirs, administrators, executors, successors, and assigns, grants the Avigation Easement to Grantee, for the use and benefit of the use and benefit to the public, including the United States Armed Forces, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated, together with the right to cause in all air space above the Grantor's property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation at or on the McClellan-Palomar Airport; and Grantor herein, its heirs, administrators, executors, successors and assigns, does hereby fully waive, remise and release any right of cause of action which it may now have or which it may have in the future against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operating of aircraft landing at, or taking off from, or operation at or on said Mcdlellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, it being understood and agreed that these covenants and agreements shall run with the land. This easement is granted for any use by any aircraft present or future, from or to the McClellan- Palomar Airport at Carlsbad including any future change in volume of operation or noise or pattern of air traffic thereof, consistent with a general aviation airport and the airport's boundaries as indicated by Carlsbad's General Plan. "Grantor" also agrees to defend, indemnify and hold harmless the City of Carlsbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to the use of this Avigation Easement by the county. EXECUTED this day of , 19—. GRANTOR/OWNER: (Title & Organization of Signatory) PACWEST QA—I, a California limited partnership By: PACWEST AP, INC., a California corporation, General Partner (Name of Grantor/Ow~) By : (Sign Her Here) Keith J. Home, President (PrintN e Hee) By s . Wn S e amy 2 Form: Perpetual Avigation easement Revision 06/10/96 CITY OF CARLSBAD, a municipal corporation APPROVED AS TO FORM: of the State of California RONALD R. BALL, City Attorney By: By: MARTIN ORBNYAK, for City Manager Deputy City Attorney This is to certify that the interest in real properly conveyed by the foregoing deed or grant to the County of San Diego, apolitical corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by resolution of said Board adopted on January 7, 1992, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: JOHN KROSS, Deputy Director Real Property Division, Department of General Services "The Undersigned, as the Lessee of Grantor's property described above, hereby consents to the conveyance and recordation of the easement described above and subordinates its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordination is binding on its heirs, administrators, executors, successors and assigns to the leasehold interest." LESSEE: (Name of Lessee) By: _____ (Sign Here) (Print Name/Title) By: _____ (Sign Here) (Print Name/Title) ci Form: Perpetual Avigation easement Revision 06/10/96 (President or vice-president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary of assistant secretary under corporate seal empowering that office to bind the corporation). 4 Form: Perpetual Avigation easement Revision 06/10196 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Z3u (.j , z44& before me, ffl , (t2C LiM //t.- Notary Public, personally appeared ZT h'OrrL. a-IL 7tf , [ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -ñ W47 33 WITNESS my hand and official seal. CIASIMPSONJAHW COMM.# • Notary Pc - Colifomla SAN DIEGO COUNTY V B Is, 19W (Signature of Not N Form: Perpetual Avigation easement Revision 06/10/96 WHEN RECORDED, PLEASE RETURN) THIS INSTRUMENT TO: ) {MAIL STATION A451 ) ) Clerk, Board of Supervisors ) San Diego County Administration Center ) 1600 Pacific Highway ) San Diego, California 92101 RECORDED REQUEST OF DEPARTMENT OF GENERAL SERVICES Space Above For Recorder's Use Only FOR THE BENEFIT OF THE COUNTY OF SAN DIEGO NO TRANSFER TAX DUE Lots 1 through 117 inclusive of Cobblestone Sea Village Unit 1 according to Map thereof No. ; and Lots 118 through 234 inclusive of Cobblestone Sea Village Unit 2 according to Map thereof No. Parcel No. 212-040-30 AIRCRAFT OPERATIONS, SOUND, AIR SPACE AND AVIGATION EASEMENT DEED CASE NO. CT 84-32(A) WHEREAS, PAC WEST QA-I, a California limited partnership, hereinafter called the "Grantor" is the owner in fee of that certain parcel of land situated in the County of San Diego, State of California, more particularly described as follows: Lots 1 through 117 inclusive of Cobblestone Sea Village Unit 1 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. - filed in the Office of the County Recorder of San Diego County on * 1996; and Lots 118 through 234 inclusive of Cobblestone Sea Village Unit 2 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. filed in the Office of the County Recorder of San Diego County on 51996. hereinafter called "Grantor's property;" In consideration of and as a condition of approval by the City of Carlsbad, California, of a final subdivision map for Carlsbad Tract CT 84-32(A), receipt of which is hereby acknowledged, Grantor does hereby grant to the County of San Diego, hereinafter referred to as "Grantee", its successors and assigns, a perpetual non-exclusive easement in gross for aircraft operation, aircraft sound and noise, aircraft avigation and flight, hazard and air space ("Avigation Easement"), over and through all air space 1 Form: Perpetual Avigation Easement Rev. 6/10/96 above Grantor's property, as particularly described herein before, from the surface to an indefinite height above said surface. The Grantor herein, its heirs, administrators, executors, successors, and assigns, grants the Avigation Easement to Grantee, for the use and benefit of the use and benefit to the public, including the United States Armed Forces, for the passage of all aircraft ("aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated, together with the right to cause in all air space above the Grantor's property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation at or on the McClellan-Palomar Airport; and Grantor herein, its heirs, administrators, executors, successors and assigns, does hereby fully waive, remise and release any right of cause of action which it may now have or which it may have in the future against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operating of aircraft landing at, or taking off from, or operation at or on said McClellan-Palomar Airport at, Carlsbad or other airport or air facility which is or may be located at or near the site of McClellan-Palomar Airport. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors and assigns, it being understood and agreed that these covenants and agreements shall run with the land. This easement is granted for any use by any aircraft present or future, from or to the McClellan- Palomar Airport at Carlsbad including any future change in volume of operation or noise or pattern of air traffic thereof, consistent with a general aviation airport and the airport's boundaries as indicated by Carlsbad's General Plan. "Grantor" also agrees to defend, indemnify and hold harmless the City of Carlsbad and its officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to the use of this Avigation Easement by the county. EXECUTED this day of , 19_. GRANTOR/OWNER: (Title & Organization of Signatory) PACWEST QA-I, a California limited partnership By: PACWEST AP, INC., a California corporation, General Partner (Name of Grantor/O r) By: (Sign Here) Keith J. Home, President (PrintN,e He3e) By: ames T. Warin Seary 2 Form: Perpetual Avigation easement Revision 06/10/96 CITY OF CARLSBAD, a municipal corporation APPROVED AS TO FORM: of the State of California RONALD R. BALL, City Attorney By: By: MARTIN ORENYAK, for City Manager Deputy City Attorney This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by resolution of said Board adopted on January 7, 1992, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: JOHN KROSS, Deputy Director Real Property Division, Department of General Services "The Undersigned, as the Lessee of Grantor's property described above, hereby consents to the conveyance and recordation of the easement described above and subordinates its interest in the leasehold estate to the easement. Lessee agrees that such consent and subordination is binding on its heirs, administrators, executors, successors and assigns to the leasehold interest." LESSEE: (Name of Lessee) By: _____ (Sign Here) (Print Name/Title) By: _____ (Sign Here) (Print Name/Title) 3 Form: Perpetual Avigation easement Revision 06/10/96 (President or vice-president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary of assistant secretary under corporate seal empowering that office to bind the corporation). ru Form: Perpetual Avigation easement Revision 06/10/96 & 'I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Z3) (j , ,'44 before me, ffl , ((2L &qpJ& M //cL- Notary Public, personally appeared ji1-L ZV /1nL. a-IL , [ J personally known to me - or [ J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - i - i.tiifl-1 WITNESS my hand and official seal. MARCIA SIMPSON JAH COMM.# 10467 33 W(A • Notary Pi111c - California SAN DIEGO COUNTY , EB 16, 19W (Signature of Not Form: Perpetual Avigation easement Revision 06/10/96 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Space above this line for Recorder's use Parcel No. 212-040-30 NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING PALOMAR AIRPORT ROAD AND AVIARA PARKWAY TRANSPORTATION CORRIDOR CASE NO.: CT 84-32(A) This Notice Concerning Environmental Impacts is made by PACWEST QA-1, a California Limited Partnership, hereinafter referred to as the "Owner"as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants and/or employees as to any damages or injuries resulting from said impacts. B. The Owner is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: PARCEL A: ALL THAT PARCEL OF LAND DESIGNATED AS "DESCRIPTION NO. 5 1 103.54 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING THEREFROM THAT PORTION THEREOF BEGINNING AT THE NORTHWESTERLY CORNER OF SAID DESCRIPTION NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 83 040'44" EAST, 584.96 FEET; THENCE SOUTH 45031'49" EAST, 1,129.51 FEET; THENCE SOUTH 70 009?50 1 WEST, 17.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 51.13 FEET THROUGH A CENTRAL ANGLE OF 09045'55"; THENCE TANGENT TO SAID CURVE, SOUTH 6002355 WEST, 115.58 FEET; THENCE SOUTH 57'18'45" WEST, 328.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 57003'32" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, 334.65 FEET THROUGH A CENTRAL ANGLE OF 38 020'54"; THENCE TANGENT TO SAID CURVE, NORTH 71 0 17'22" WEST, 336.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 844.63 FEET THROUGH A CENTRAL ANGLE OF 84 054'05"; THENCE TANGENT TO SAID CURVE, NORTH 13°36'43" EAST, 5.13 FEET TO THE POINT OF BEGINNING. PARCEL B: EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON SAID RECORD OF SURVEY NO. 5715. EXCEPTING FROM SAID 60.00 FOOT STRIP, THAT PORTION WHICH LIES WITHIN PARCEL A ABOVE. C. The property is located adjacent to the Aviara Parkway and Palomar Airport Road Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. D. The property has been developed in compliance with City and State Noise criteria which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or structure upgrades. E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. F. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor. NOW, THEREFORE, in light of the above Recitals, Owner does, for itself, and its successors and assigns, give the following notice and makes the following waiver: 1. Owner has and shall develop the property in accordance with a Subdivision Tract/Parcel Map (CT - 84-32(A)) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use & Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the corridor, including without limitation, the types or number of vehicles operating on the corridor. 3. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants and/or employees as to any damages or injuries resulting from said impacts. 11 a Executed this day of 19 *OWNER: PACWEST QA-I, a California limited partnership By: PACWEST AP, INC., a California corporation, General Partner (print name of *O wner) By: (sign here Keith J. Home (print name here) President (title rga7tion of signatory) By: )n) , -, (sgn here) James T. Waring (print name here) Secretary (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one offker signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that office to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On -, ,'/4& before me, P(\(c tLS J//Ic-_- Notary Public, personally appeared k?ft1&__J. /f1itL &L .J4..,PJ' f i/i rà , [ ] personally known to me - or [1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARCLASIMPSONJA COMM. # 1046733 Z • Notary Public - California SAN DIEGO COU MV Comm. Expires FEB 18. 19W (Signature of Notary) T RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Space above this line for Recorder's use Parcel No. 212-040-30 NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO.: CT 84-32(A) This Declaration and Notice Concerning Aircraft Environmental Impacts is made by PACWEST QA-I, a California Limited Partnership, hereinafter referred to as the "Owner", as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: PARCEL A: ALL THAT PARCEL OF LAND DESIGNATED AS "DESCRIPTION NO. 5, 103.54 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. EXCEPTING THEREFROM THAT PORTION THEREOF BEGINNING AT THE NORTHWESTERLY CORNER OF SAID DESCRIPTION NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 83 040'44" EAST, 584.96 FEET; THENCE SOUTH 45031'49" EAST, 1,129.51 FEET; THENCE SOUTH 70°09'50" WEST, 17.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 51.13 FEET THROUGH A CENTRAL ANGLE OF 09 045'55"; THENCE TANGENT TO SAID CURVE, SOUTH 60 023'55" WEST, 115.58 FEET; THENCE SOUTH 57 1 18'45" WEST, 328.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 57003'32" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, 334.65 FEET THROUGH A CENTRAL ANGLE OF 38 020'54"; THENCE TANGENT TO SAID CURVE, NORTH 71°17'22" WEST, 336.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 844.63 FEET THROUGH A CENTRAL ANGLE OF 84 0 54'05"; THENCE TANGENT TO SAID CURVE, NORTH 13°36'43" EAST, 5.13 FEET TO THE POINT OF BEGINNING. PARCEL B: EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON SAID RECORD OF SURVEY NO. 5715. EXCEPTING FROM SAID 60.00 FOOT STRIP, THAT PORTION WHICH LIES WITHIN PARCEL A ABOVE. B. The property is located approximately 1/2 mile from the McClellan- Palomar Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating to or from the Airport. E. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public, military and private aircraft which will generate noise and other environmental impacts. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Subdivision Tract Parcel Map (CT 84-32(A)) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation or frequency of flights. 3. That the flight operations to the Airport may crate significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such overflight, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. Executed this day of 19—. *OWNER: PACWEST QA-I, a California limited partnership By: PACWEST AP, INC., a California corporation, General Partner (print name of *Owner) By: /~~ (si g n her Keith J. Hor ne (print name here) President (titlea d organiz ion of signatory) By: 2 ~j (lign here) James T. Waring (print name here) Secretary (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that office to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney '4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On I before me, tt'L -4&h'/Notary Public, personally appeared k1-L .L f-/3rr £(C'vL 'Jtm[ 7 4J4- , [I personally known to me - or II] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. '-' '- it 16 IA it MARCIA SIMPSON JAHW(A I e COMM. #1O4c733 z SAN DIEGO COUfM MY Comm. Expires FEB Ia. I M (Signature ootarr1 LAW OFFICES PALMIERI, TYLER, WIENER, WILHELM & WALDRON ILP A LIMITED LIABILiTY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TELECOPIER (714) 851-1554 (714) 851-3884 2603 MAIN STREET EAST TOWER - SUITE 1300 P.O. BOX 19712 IRVINE, CALIFORNIA 92614-6228 (114) 851-9400 DELIVER TELECOPY TO; TERRI WOODS AT: 619-438-0894 WRITER'S DIRECT DIAL NO.: 851-1251 FIRM NAME: City of Carlsbad, Community Development, Planning Dept. FROM: DEBORAH M. COTTLE DATE: September 4, 1997 1 TIME: 2:07pm Total number of pages Including this sheet: 5 If all pages are not received, CALL (714) 851-7218 IMMEDIATELY, and ask for: Nun Nearmen (Telecopy Operator) CLIENT NAME: Greystone Homes FILE NO,: 16369013 THIS COVER SHEET AND ANY DOCUMENTS ACCOMPANYING IT AM INTENDED FOR TEE INDIVIDUAL OR ENTITY SET FORTH AS THE ADDRESSEE, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HERESY NOTIFIED THAT MT DISSEMINATION, DISTRIBUTION OR COPYING OF THIS CO)U5WIXCATX0N IS STRICTL! PROHIBITED, IF YOU BAVI RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY UN IIØIEDIATELY BY TELEPHONE SO THAT ARRANGEMENTS CAN BE MADE FOR RETURNING THE ORIGINAL MESSAGE TO US. THANK YOU. ADDiTIONAL. MESSAGE Thank you for your fax of yesterday. In response to the notes at the bottom, please be advised as follows: #1. Section 2 of Article XVII provides for enforcement by the City. This specific provision has been previously reviewed and approved by the city on other recent pro)ects. Language provided In the sample allowed liens against individuals as an enforcement provision against the non-performance by the Association. The Owners are obligated to pay assessments to the Association, in the event of non-payment, the Association has lien rights. The City In turn has lien rights against the Association for non-performance, but should not have any lien rights against an Owner since the owner Is not directly responsible for the obligations as set forth in the CC&Rs for which the City is concerned. Take out lenders would have a difficult time with additional lien rights against their owners for which the Owners obligation may have been fulfilled but the association failed to perform. 010-qO 0/10d 6QJ. '110 d 1:PI 18-PD-dB ,, #2. Paragraph 5b has been added to satIsfy the City's involvement in the amendment procedures. Should you have any questions on the enclosed, please feel free to contact mu at your earliest opportunity. Again, thank you for your attention In this matter. CC (via Fax) Brian Nestoroff OD_qo O/ZOd 6O—J. :uioi 2640—d3s 3 nv O/Q4/97 ARTICLE XVII EERALRQVtSION$ ction_i.. Exjorcment. The Corporation, or any Owner or the successor in interest of an Owner, shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants or reservations and the right to recover damages or other dues for such violation; provided, however, that with respect to assessment liens, the Corporation shall have the exclusive right to the enforcement thereof. Failure by the corporation or by any Owner to enforce any covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Prior to filing a civil action by either the Corporation or by an Owner solely for declaratory relief or injunctive relief, or for declaratory relief or injunctive relief in conjunction with a claim for monetary damages, other than corporation assessments, related to the enforcement Of the Corporation Management Documents, the parties may be required to comply with California civil Code Section 1354, if applicable. Failure to comply with the profiling requirements of Section 1354 of the Civil Code may result in the loss of the right to sue regarding enforcement of the Corporation Management Documents. In any action to enforce the terms of this Declaration, the prevailing party shall be awarded reasonable attorneys' fees and costs. Upon motion by any party for attorney's fees and costs as the prevailing party, the court, in determining the amount of the award, may consider a party's refusal to participate in alternative dispute resolution prior to the filina of the action ction. Woroment by itvf .Carlsbad. (a) The city shall have the authority, but not the obligation, to enforce the terms of this Declaration for any purposes which are necessary to protect the Interests of the city or its citizens. provided, however, if, in the opinion of the City (or its authorized representative), the Corporation at any time fail to maintain the Corporation Property or Corporation Maintenance Areas in accordance with the terms of the above- referenced Declaration, the city shall give written notice to corporation, specifying the exact nature of such deficiency. Such written notice of deficiency from the City shall be addressed to the Corporation and shall require that the corporation take appropriate corrective action within thirty (30) days of receipt of such written notice unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction may be reduced to a minimum of five (5) days. The Corporation shall have the right within ten (10) days of receipt 75 oo_qo 90/20d 960-1 :LllOAd 8:I 640-d3s F1 \RCAL622 i63GO13\CC&IS.. 3 ri Q9O4/91 of such written notice to deficiency to file an appeal before the City Council of the City for a public hearing concerning the reasonableness of the City's requirements as set forth in the written notice of deficiency. The decision of the City Council on such appeal shall be binding upon all parties but may be appealed by the Corporation through an appropriate action in any court having jurisdiction. The written notice of deficiency from the City shall state the anticipated costs that the City would assess against the Corporation for the corrective work to be accomplished, which costs shall be no more than those charged by competitive private industry for similar work. If the corporation, within the time set forth in the notice of deficiency (subject to extension for such time as may be required to appeal the notice of deficiency to the City Council), does not undertake and complete the corrective work required in the notice of deficiency, the city may undertake and complete such corrective measures as are set forth in the notice and assess the costs thereof against the Corporation. In the event the city undertakes such corrective measures, the Corporation hereby grants to the City such rights of access, ingress and egress upon and across the Properties as may be necessary to complete such work. The city may elect to enforce payment of such assessment through the procedures set forth in the Declaration for the establishment of liens or through an action at law (which action may be brought without foreclosing or waiving any lien securing such amount). In any such action, the prevailing party will be entitled to receive its attorneys' fees and costs, in addition to such other relief as may be granted. (b) For purposes of notification aa set forth in this Section hereinabove or for purposes of contacting the Corporation in the case of emergency, the Corporation shall file names and addresses and telephone numbers of at least one member of the board, and when applicable, a Manager of the Corporation before January 1st of each year with the City of Carlsbad, Department. section 3. Seyerahjljy. 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-4. Term. Subject to the limitations set forth in Section 4 of this Article, this Declaration and the covenants herein contained shall be in effect until December 31, Z046, and shall automatically be extended for successive periods of ten years unless within six months prior to the expiration of the initial term or any ten year renewal period a written agreement executed by the then record Owners of more than three- fourths or the Lots within the Properties shall be placed on record in the Office of the County Recorder of the County of San Diego by the terms of which agreement the effectiveness of this Declaration is terminated or the covenants herein contained are 76 DL-qaf /d 60-I :IJJo1 9p[ N \REAL6a2\ 163b9013\CC&R$. 3 rd 09/04/V extinguished in whole or in part as to all or any part of the property then subject thereto. .ion . Amendments. (a) Subject to the rights of lenders as set forth in the article of this Declaration entitled "RIGHTS OF MORTGAGEES," this Declaration of Covenants, Conditions and Restrictions may be amended only by the affirmative assent or vote of both(a) sixty- seven percent (67%) of the voting power of the corporation, including the voting power of the Declarant, and (b) sixty-seven percent (67%) of the voting power of Members other than Declarant; provided, however, that the percentage of voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause; provided further, that if the two-class voting structure as provided in this Declaration is still in effect, this Declaration may not be amended without the vote or written assent of sixty-seven percent (67%) of the voting power of each class of Members. This amendment provision shall not be amended to allow amendments by the assent or vote of less than the prescribed percentage of voting power required for amendments hereof; provided, however, that in compliance with Civil Code section 1356(a), the Board of Directors of the Corporation or any Owner of a Lot may petition the Superior court of San Diego County for an order reducing the percentage of the affirmative votes necessary for such amendment. An amendment or modification shall be effective when executed by the President and Secretary of the Corporation who shall certify that the amendment or modification has been approved as hereinabove provided and recorded in the official Records of San Diego County, California. (b) Notwithstanding anything contained herein to the contrary, so long as any Property subject to this Declaration lies within the boundaries of the city, the City shall have the power to veto any purported amendment or termination of this Declaration, based on whether the property after such termination or amendment will continue to enjoy adequate provision for preservation and condition of all personal property now or hereafter owned or maintained by the Corporation, and all real property and improvements constructed thereon now or hereafter owned by the Corporation in fee or over which the Corporation owns an easement for use, care or maintenance for the common use and enjoyment of the Members as provided herein or for such other purposes as may be permitted by this Declaration. No amendment or written agreement purporting to terminate or modify the maintenance provisions of this Declaration, provisions contained to satisfy City requirements for approval of the Project which are incorporated into this Declaration, or rights of the city under this Declaration shall take effect until approved by the City Council. Written notice of such proposed amendment or agreememt shall be mailed, return receipt requested, to the City Council. The City Council shall either approve or veto such amendment or termination within ninety (90) days from the receipt of such notice. 77 020-qof gfl/Od 80-1 :IIJOJd 6Z: 26-PO-d3s Rb d 41 URTFID 500 250 0 1500 1000 FEET APN 212-040-30 © City of Carlsbad GIS 1996