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Home My WebLink AboutCT 89-30; MASADER I; Tentative Map (CT)CITY OF CARLSBAD 11 LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) (For Dept Use Only) . Master Plan ............... Specific Plan ............. Precise Development Plan... Tentative Tract Map........ Planned Development Permit Non-Residential Planned Development Permit........ Condominium Permit......... Special Use Permit......... Redevelopment Permit....... Tentative Parcel Map....... D Administrative Variance.... General Plan Amendment...... Site Development Plan....... ZoneChange................. Conditional Use Permit...... Hillside Development Permit. Environmental Impact Assessment................ Variance.................... II '—' Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... I- I- F1HLI -I -I 2) LOCATION OF PROJECT: ON THE Ir ,iI,.477 SIDE 0F S?,%TS,gc'.ff2 ct.'Eç (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWE EN [14,; / AND -4_L ---f (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I-1 q0 e qog 4) ASSESSOR PARCEL NO(S). 33' ,j 2Y -3 7 - 5) LOCAL FACILITIES J 6) EXISTING GENERAL' 7) PROPOSED GENERALISA A..I , MANAGEMENT ZONE PLAN DESIGNATION I PLAN DESIGNATION I 8) EXISTING ZONINGI V\ I) PROPOSED ZONING 10) GROSS SITE L7ae_j ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER- 113) TYPE OF I RESIDENTIAL UNITS OF LOTS I SUBDIVISION I I (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS I COMMERCIAL IN DUST I RAL) 15) PROPOSED INDUSTRIAL /-7 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 7 * CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE Lw 7 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC 20) PROJECT NAME: IA"A54DER L-.(. 21)BRIEF DESCRIPTION OF PROJECT: 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE)j.ç5.,p v#szijf NAME (PRINT OR TYPE) H('' MAILING ADDRESS MAILING ADDRESS )f/1,4cAl -ho)? Cog7 N4rftfl &wT CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE ok - ('1. b 5/ t/ q g '1 L 6 A I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATUP2' DATE 3 0 * - ********* ***** **** ********* ****** * ***** *** ******* *** ** * **** ****** ***************** *** * FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED A'j /o G 24 1,4L Z&ci DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIREDI /I 'Yl 73 DATE FEE PAID B RECEIPT NO.1 I ARFM0008.DH 4/8 . CRANGE COW 11W COMEW 7474 EL OMN WJIU LA MESA, 92041 464-5353 ORANGE COAST imE 640 N. 'IU&TLN SANTA ANA, CA Your No.: Our No.: 902541-S Date: FEJARY 11, 1991 Attention: JAY s/lu Dated asofFEJARY7, 1991 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, ORNE COAST TITLE Cczpany of San Diego 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 1ar1 and the estate or interest therein hereinafter set forth, insuruig against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions frau the coverage of said Policy or Policies are set forth in Addendum 1 attached. Copies of the Policy forms should be read. They are available frau the office which issued this report. 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 asmmed hereby. If it is desired that liability be assun1 prior to the issuance of a policy of title insurance, a Birder or Cczmnitnnt should be requested. ORANGE a.sr TITLECOMPANY OF SAN DIEGO I G1fl SWAN Title Officer Title to said estate or interest at the date hereof is vested in: The estate or interest in the land hereinafter described or referred to in this Report is: A FEE IAL SQIPfl . CHXR }1). 902541-S The land referred to in this Report is situated in the State of California, Ointy of San Diego, and is described as follows: Lar . OF L THE " OF C(XNN OF SAN DIEGO, S= OF allZFUCM, MUM FonMM OF SAN ACCORDING s?.. j MAP THEPMF NO. 6905, FU ED INi' .)si •);I,' 8/27/90 TLF PH LR NO. 902541-S . . . PAGE THREE At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes, the first installment now delinquent, the sex installment now payable, for the fiscal year 1990-91. 2. Delinquent general and special taxes for the fiscal year 1987-89, and subsequent delinquencies. An estimate has been ordered to determine the anmt necessary to redeem. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (caincing with Section 75) of the Revenue and Taxation Code of the State of California. 4. An easement as shown on said Map, for S7IHEILY 10 FEET. 1 5. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon race, color, religion or national origin, as contained in instrument recorded MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL REODRLE. Said instrument provides that a violation thereof shall not defeat not render invalid the lien of any mortgage or deed of trust made in good faith and for value. 6. An Agreement regarding LIMI'IED AVMLABILITI OF SEWER SERVICE exited by and between IJCPJDIA aXJN'I? 'ThIER DISTRICT, A CXWIY ThTER DIS'flUCI' arid SAN DIEGO LAND OFORATI0N upon the term, covenants and conditions contained therein, recorded DECEMBER 31, 1981 AS FILE NO. 81-409854 OF OFFICIAL RECS. Reference is made to said instrument for full particulars. 7. An easement for above or below ground utilities and/Or guy poles and anchors an purposes incidental thereto, as granted to the San Diego Gas and Electric Ccanpany, in instrument recorded APRIL 21, 1982 AS FILE NO. 82-112665 OF OFFICIAL Reference is made to said instrument for full particulars and the route of said easement. 8. An Agreement regarding PAYNENT OF A PJBLIC FACILTI'IES FEE executed by and between WSADER INVESTMENTS, LTD and CITY OF CARtSBAD, A MUNICIPAL a)R11OW4TION upon the terms, covenants and conditions contained therein, recorded MAY 10, 1990 AS FILE NO. 90-256130 OF OFFICIAL RECORDS. Reference is made to said instrument for full particulars. 9. No examination has been made as to the status of NASADER INVINE2?IS hID, A NEVEI1? CMPCRAMON. A report has been ordered and this item may be su1nted upon receipt. 10. The requirement that this CaTany be furnished with copies of the following information regarding NASADER INVESTMENTS hID, a NEVEDA corporation: 1) Articles of Incorporation 2) Bylaws of said corporation 3) Resolution of the Board of Director's authorizing the transaction. _ . . FLL I'flJ . . . PAGE IUJR CLti ?). 902541-S NOTE: No matters otherwise appropriate to be shown have been deleted from this report, which is riot a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For the purpose of policy issuance NO Items HAVE BEEN eliminated on the basis of an irxenuiity agreement or other agreement satisfactory to the company as insurer. 1990-91 TAX INFt1TIC*T: AREA : 09064 PARCEL NO. : 215-330-03 1st INSThTINENT : $1,704.21 DELINQUENT - PENALTY $170.42 2rxl INSILINE2'T : $1,704.21 NOT PAID LAND VALIJE : $315,886.00 IMPROVEMENTS : $-0- EE1PTIS : $-0- XPAr . . MrOORANGE COAST TITLE COMPANY F SAN DIEGO FORMERLY TERRA TITLE COMPANY 7474 El Cajon Boulevard, La Mesa, CA 92041/Post Office Box 15517, San Diego, CA 92115/(619) 464-5353 AMENDED PRELIMINARY REPORT • AMIR ENTERPRISES • 4675 Mac Arthur Blvd, #1210 • Newport Beach, CA 92660 Attention: ALEX Copies to: ORANGE COAST TITLE Your No. Our No. 891378—S Date June 7, 1989 S /mjh In response to the above referenced application for a policy of title insurance, ORANGE COAST TITLE Company of San Diego 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 an Exception below 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 in Addendum 1 attached. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 6th '19 89 , 7:30 A.M. ORANGE COAST TITLE COMPANY OF SAN DIEGO Title to said estate or interest at the date hereof is vested in: MASADER INVESTMENTS, LTD., a Nevada Corporation NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in: The estate or interest in the land hereinafter described or referred to in this Report is: A FEE The land referr..to in this report is described as follows: Lot 1O8'f LA COSTA MEADOWS NO. 2 in the City of Carlsbad, County of San-igo, State of California, according to Map thereof No. 6905 filed in the Office of the County Recorder of San Diego County, April 12, 1971. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said policyform would be as shown on page 2 et. seq. attached hereto. 01 C-11-OCT Rev 1-89 S n PRELIMINARY REPORT CONTINUED ORDER NO. 891378-S PAGE TWO S /mjh \Qf 1AJE 1. General and special taxes, a lien not yet payable, for the fiscal year 1989-90. 2. General special taxes now delinquent for the fiscal year 1988-89 3. Delinquent general and special taxes for the fiscal year 1987-88 and any subsequent delinquencies. Amount necessary to redeem if paid on or before June 30, 1988, $3,679.19. 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 5. An easement as shown on said Nap over the Southeasterly 10 feet, for Unnamed. (&ó7 6. Covenants, conditions and restrictions, but deleting restrictions, j(f ah, based upon race, color, religion or national origin, as contained in instrument recorded May 6, 1971 as File No. 93263 of Official Records. Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 7. An easement above or below ground for utilities and purposes incidental thereto, as granted to the San Diego Gas and Electric Company, by deed recorded April 21, 1982 as File No. 82-112665 of Official Records. Said deed also recites that the grantor and their successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, drill any well or wells, within the limits of said right of way, and the grantor and their successors and assigns, shall not increase or decrease, the ground surface elevations within said easement and right of way without the previous written consent of the grantee. Affects: A strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed within said property. 1988-89 TAX INFORMATION: CODE AREA PARCEL NO. 1ST INSTALLMENT 2ND INSTALLMENT LAND VALUE IMPROVEMENTS EXEMPTIONS 09064 : 215-330-05 $1,435.57 NOT PAID $1,435.57 NOT PAID : $259,457.00 : $-0- DELINQUENT PENALTY $143.56 DELINQUENT PENALTY $153.56 0- I . ORANGE COAST TITLE COMPANY OF SAN DIEGO FORMERLY TERRA TITLE COMPANY 7474 El Cajon Boulevard, La Mesa, CA 92041/Post Office Box 15517, San Diego, CA 92115/(619) 464-5353 PRELIMINARY REPORT • AMIR ENTERPRISES Your No. • 4675 MacArthur Boulevard Our No. 891378-S • Suite #1210 Date May 31, 1989 Newport Beach, California 92660 5 /jt Attention: ALEX Copies to: ORANGE COAST TITLE In response to the above referenced application for a policy of title insurance, ORANGE COAST TITLE Company of San Diego 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 an Exception below 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 in Addendum 1 attached. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 May 26th '19 89 , 7:30 A.M. ORANGE COAST TITLE COMPANY OF SAN DIEGO GERALD A. MC DANIEL Title to said estate or interest at the date hereof is vested in: MASADER INVESTMENTS, LTD., a Nevada Corporation NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in: AMIR ENTERPRISES The estate or interest in the land hereinafter described or referred to in this Report is: A FEE The land referred to in this report is described as follows: IL408 of LA COSTA MEADOWS NO. 2 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6905 filed in the Office of the County Recorder of San Diego County, April 12, 1971. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said policy form would be as shown on page 2 et. seq. attached hereto. fft, PRELIMINARY REPORT CONTINUED ORDER NO. 891378-S PAGE TWO S /jt ID 1 pçp 7 1. General and special taxes, a lien not yet payable, for the fiscal year 1989-90. 2. General special taxes now delinquent for the fiscal year 1988-89 3. Delinquent general and special taxes for the fiscal year 1987-88, and subsequent delinquencies. An estimate has been ordered to determine the amount necessary to redeem. 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 5. An easement as shown on said Map over the Southeasterly 10 feet, for Unnamed. 6. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon race, color, religion or national origin, as contained in instrument recorded May 6, 1971 as File No. 93263 of Official Records. Said instrument provides that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 7. An easement above or below ground for utilities and purposes incidental thereto, as granted to the San Diego Gas and Electric Company, by deed recorded April 21, 1982 as File No. 82-112665 of Official Records. Said deed also recites that the grantor and their successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, drill any well or wells, within the limits of said right of way, and the grantor and their successors and assigns, shall not increase or decrease, the ground surface elevations within said easement and right of way without the previous written consent of the grantee. Affects: A strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed within said property. 8. The requirement that this Company be furnished with a copy of the Resolution of the Board of Directors of MASADER INVESTMENTS, LTD., a Nevada Corporation, or other evidence that this transaction is authorized by said corporation. 9. No examination has been made as to the status of AMIR ENTERPRISES, a California corporation. A report has been ordered and this item may be supplemented upon receipt. 10. The requirement that this Company be furnished with a copy of the Resolution of the Board of Directors of AMIR ENTERPRISES or other evidence that this transaction is authorized by said corporation. 1988-89 TAX INFORMATION: CODE AREA : 09064 PARCEL NO. : 215-330-05 1ST INSTALLMENT : $1,435.57 NOT PAID DELINQUENT PENALTY $143.56 (Continued on page 3 attached) n PRELIMINARY REPORT CONTINUED ORDER NO. 891378-S PAGE THREE S lit 2ND INSTALLMENT LAND VALUE IMPROVEMENTS EXEMPTIONS $1,435.57 NOT $259,457.00 :$ PAID DELINQUENT PENALTY $153.56 0 - CONOM.—MEADOW VILLAS DOC 72-332190 (SEE SHI. 2) V rh ' 0.55 AC. vmb 410 '-° 47 AC -- •4T CONDM cD VALLEY VIEW r DOCBI-165570 0.76 AC. - - (SEE SHT 3) A' 0,59AC - 394 () -ì (Th &410706 0.72 AC. 408 395 - - 0.64 AC. 0 17 0.58 AC. c,oI 39, 0 412 5.04 AC. ST. -S...--- u.bAc/ CONDM .344 ç< 0.69 AC. / 407 / LA COSTA MEADOWS D0064-077 998 /397 Jll /@ 1,. / 0.BIAC. I : 343'.'. 1 - 13:• sr q 342 Q0 24 , R.AJk3 34 / 2* CONDM LA COSTA VIEW 31 DOC8I-356121 / 396 O6 ® - 2.93 AC 0-ei AC. 399 6if 401 MAP 10274 -CARLSBAD TCT NO-SO- 4 (col MAP 9BI4.-CARLSBAD TCT79-8' MAP 732. - MEAOO! VILLAS MAP 6905- LA COSTA MEADOWS UNIT NO 2 '-S., _7'/ 1 1 7 ('-7 A (c -I CONT•TAL LAND TITLE COMPANY A SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 452 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 1ASDER CORPORATION C/O AKBAR GHAHREMANI 18552 MAC ARTHUR BLVD., ST-E. 345 IRVINE, CALIFORNIA ATTENTION: YOUR No. ALGA ROAD TOWN HOME OUR NO. 80233-05 DATED AS OF JULY 4, 1985 AT 7:30 P.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY HEREBY REPORTS THAT 11.15 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 AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 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. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT Is: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [3 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [3 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [3 4. AMERICAN LAND TITLE ASSOCIATI OWNER'S POLICY FORM B [3 120— I) • 't 4' •. TITLE OFFICER ANDRE PIHFORD •SCHEDULE A ORDER NO. 8 *- 05 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE - TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN MASADER INVESTMENTS LTD., A NEVADA CORPORATION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 408 AND 410 OF LA COSTA MEADOWS NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 1971. •0 •SCHEDULE B ORDER NO. 80233-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: THE FOLLOWING ITEMS AFFECT LOT 410: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1985 - 1986 WHICH ARE A LIEN NOT YET PAYABLE. 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1984 - 1985. 3. ANY DELINQUENT TAXES, BONDS OR ASSESSMENTS WILL BE REPORTED LATER. 4. A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES AND SUBSEQUENT DELINQUENCIES FOR THE FISCAL YEAR: 1984-1985 TAXING AUTHORITY: STATE OF CALIFORNIA AMOUNT TO PAY PRIOR To: JULY, $3,575.49 5. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 6. COVENANTS; CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT ,,RECORDED: MAY 6, 1971 AS FILE NO. 93623 OF OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $20,000.00 DATED: AUGUST 1, 1980 TRUSTOR: AMERICANA VIEWS II, A CALIFORNIA LIMITED PART- NERSHIP TRUSTEE: LAND TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: .JOHN A. TIRRELL, AN UNMARRIED MAN, AS TO AN UNDIVIDED ONE-FOURTH INTEREST; AND JAMES C. ZOLIN, AN UNMARRIED MAN AS TO AN UNDIVIDED ONE-FOURTH INTEREST; AND JOSEPHINE M. ZOLIN, A SINGLE WOMAN AS TO AN UNDIVIDED ONE-FOURTH INTEREST, AND NAZEA. ALADRAY AND JOSEPHINE ALADRAY, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED ONE-FOURTH INTEREST RECORDED: AUGUST 15, 1980 AS FILE/PAGE NO. 80262077 OF OFFICIAL RECORDS 3. ANY DELINQUE TAXES,NDS OR ASSESSMENTS WILL *REPORTED LATER. 4. A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES AND SUB SEQ UENT DELINQUE NC'IES FOR THE FISCAL YEAR: 1984-1985 TAXING AUTHORITY: STATE OF CALIFORNIA AMOUNT TO PAY PRIOR TO: JULY, $3,088.28 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF: 6905 RECORDED: APRIL 21, 1971 EASEMENT PURPOSE: INCIDENTAL PURPOSES AFFECTS: WITHIN THE SOUTHEASTERLY 10 FEET 7. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MEN I RECORDED: MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL RECORDS SATD COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST %MADE IN GOOD FAITH AND FOR VALUE. 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED To: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: FOR THE CONSTRUCTION AND MAINTENANCE OF AN UNDERGROUND ELECTRICAL DISTRIBUTION SYSTEM, TOGETHER WITH NECESSARY ABOVE GROUND FACILITIES AND STRUCTURES AS THEY WILL EXIST ON OR BEFORE MARCH 31, 1983 RECORDED: APRIL 21, 1982 AS FILE/PAGE NO. 82-112665 OF OFFICIAL RECORDS AFFECTS: THE -LOCATION OF SAID EASEMENT IS DESCRIBED AS FOLLOWS: A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET MEAS:URED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY; SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT." REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. SCH•E 8 PAGE NO. 2 OR• NO. 80233-05 AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: NAZEAH ALADRAY AND JOSEPHINE ALADRAY, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED - SEPTEMBER 9, 1980, AS TO AN UNDIVIDED 1/4 INTEREST RECORDED: SEPTEMBER 9, 1980 AS FILE/PAGE NO. 80-368725 OF OFFICIAL RECORDS 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: DECEMBER 17, 1981 BY AND BETWEEN: LEUCADIA COUNTY WATER DISTRICT AND SAN DIEGO LAND CORPORATION REGARDING: AGREEMENT BETWEEN LEUCADIA COUNTY WATER DISTRICT AND PROPERTY OWNER REGARDING LIMITED AVAILABILITY OF SEWER SERVICE RECORDED: DECEMBER 31, 1981 AS FILE/PAGE NO. 81-409854 OF OFFICIAL RECORDS 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $551000.00 DATED: JUNE 9, 1982 TRUSTOR: CARLSBAD REALTY INVESTMENTS LIMITED, A NEVADA CORPORATION TRUSTEE: STEWART TITLE OF CALIFORNIA, A CALIFORNIA COR- PORATION BENEFICIARY: COSTA LTD., A CALIFORNIA LIMITED PARTNERSHIP RECORDED: JUNE 11, 1982 AS FILE/PAGE NO. 82-180941 OF OFFICIAL RECORDS - 10. 'AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: NOVEMBER 24, 1982 BY AND BETWEEN: CARLSBAD REALTY INVESTMENTS LIMITED AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: JANUARY 3, 1983 AS FILE/PAGE NO. 83-000725 OF OFFICIAL RECORDS 11. A CLAIM OF MECHANIC'S LIEN AMOUNT: $5,001.06 CLAIMANT: CARLSBAD REALTY INVESTMENTS, LTD. RECORDED:, FEBRUARY 5, 1985 AS FILE/PAGE NO. 85-039216 OF OFFICIAL RECORDS THE FOLLOWING ITEMS AFFECT LOT 408: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1985 - 1986 WHICH ARE A LIEN NOT YET PAYA3LE. 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1984 - 1985. 0 - SCHE•E B PAGE NO. 4 OR, NO. 80233-05 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JULY 15,'1983 BY AND BETWEEN: LA COSTA MEADOW REALTY INVESTMENTS CORPORATION, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL - CORPORATION REGARDING: THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN RECORDED: AUGUST 17, 1983 AS FILE/PAGE NO. 83-289362 OF - OFFICIAL RECORDS PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1984 - 1985 151 INSTALLMENT: $1,592.15 OPEN (DELINQUENT) 2ND INSTALLMENT: $1,592.15 OPEN (DELINQUENT) EXEMPTION: $NONE $280,500 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09064 ASSESSOR'S NO: 215-330-03 I,, rol . .• LA COSTA MEADOWS UNIT 1' ?OE LOT / sEC3 T/2 E3W £'$PiY/$ft tX4WIW € 4 . I ..:o--. ...L I ___7zico( AL GA ROAD 7yr .v L.J,. I /7 • $ • ,5Wt F OT 4/2 IRfA -O4O IC ' -' •rt . v'_ •,r' 4 - 4 - /407 / " .. . / 40, 11 C SHEET 6OF ii SHEE' LA COSTA MEADOWS UNIT NO.2 poq LOT I SEC 30 T/2'5 R3i'Y .I\ -'•••----- $(t DEML A .. . : .I I [ N7ZC3DL 660.00 .1 -----4-L rj IV PORrION ALGA ROAD IXO/CATCO JIEREON .. ..•,pi ci 'law'' 1W-...-- ..j / / . . . 392 a - I/O AR(4 LOT • I • I1 . -5040 AC Z . I 7.9.1 409 - T •. t j i .ii I /s . .'.. . 4 t._,•9 '119 / \ ,f/+i •107 .4175/ •1 * .., y . / '.° / / . / ••-. '• //' 39•- / I . / N / - . '•r .1 i i • SCHED& B PAGE NO. 4 ORDEWO. 80233-05 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JULY 15, 1983 BY AND BETWEEN: LA COSTA MEADOW REALTY INVESTMENTS CORPORATION, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL - CORPORATION REGARDING: THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN RECORDED: AUGUST 17, 1983 AS FILE/PAGE NO. 83-28932 OF OFFICIAL RECORDS PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1984 - 1985 1sT INSTALLMENT: $1,592.15 OPEN (DELINQUENT) 2ND INSTALLMENT: $1,592.15 OPEN (DELINQUENT) EXEMPTION: $NONE LAND: $280,500 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09064 ASSESSOR'S NO: 215-330-03 S SCHED B PAGE NO. 4 ORDE NO. 80233-05 / AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DAPED: JULY 15, 1983 BY AND BETWEEN: LA COSTA MEADOW REALTY INVESTMENTS CORPORATION, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL - CORPORATION REGARDING: THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN RECORDED: AUGUST 17, 1983 AS FILE/PAGE NO. 83-239362 OF - OFFICIAL RECORDS PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES P.D THE AMOUNTS ARE: FISCAL YEAR 1984 - 1985 1sT INSTALLMENT: $1,592.15 OPEN (DELINQUENT) 2ND INSTALLMENT: $1,592.15 OPEN (DELINQUENT) EXEMPTION: $NONE LAND: $280,500 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09064 ASSESSOR'S NO: 215-30-03 'p 4 e LA COSTA MEADOWS UNIT pp LO7 / SEC 3 T /2 S 1? 3 W - .1IV/$M Z4q --- _•••__•4 -__iii'et4 porioii a' ALGA ROAD r(.a .-.& / 4 f • I • -. .- #w.t. ) __—.---; • 3Y2 F '410 • WT 412 I8.fA - 040 IC z_• ' (Ø.1 - I — 2 p St 4 . 44 '. • S 'fO? - • / . / AN, its S . LA COSTA MEADOWS UNIT ?C'i?LOT I Sc(3C/ TI2S RJW 0*• - - -- I - - p -1 q am m-;;•_. - -. I -H I ao 14 Al~'. a' ROAD :a rt. .- AXOP 7 - / t ,7 • MOWt W F - 110 7. 4f' AREA - 04O IC - N ir -i • I 4 • \1 ,\ / RRIYA / </ 407 - • - / Set sl*ft (~) I I t; b'.' •i 'I I i V7, ' L I VVV / I / F- - / V MAP NO. 69Q15 flVVtjJ 1 0 Jrinnr., LA COSTA MEADOWS UNIT NO.2 PQR/07 I SEC30 7-/2S 23W sef Dc it ____________ • V V V A rA W £ T I V pORrICA, ff ALGA ROAD 1)CDATC0 llfReav 1 V_V•?rVV NiT .VY 4 Lf------ NZVVT LP/V(t -V / Z-NA,V wy III - ti IfO ' , s ' 7' (10) • .48EA • 5040 AC In J9.7 19 405 roe • V V • V cr. - 108 V / - / "° -. ' / -. - • / o I r MAP NO- 6-9-05 9O5 LA COSTA MEADOWS UNIT NO-2 SHEET 6OF 11 SHEE P01? L OF / 5.C- 30 F /2 S 1? 3 W tT L •A \--. re. owaw — ' " pORrION t ALGA LOAD D,cArto fiER(aP -. /4q. I • . ---xr-- - I/O LOT It 2 1 'S l . 8EA • 5040 IC SS / AV WIN 109 , 1 Y - •5__.. I - / - / QUALITY ORIGINAL (S) rp CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 `-211 V, REC'D FROM DATE_____________ ACCOUNT NO. DESCRIPTION AMOUNT oo(Jy/ RECEIPT NO. 97413 TOTAL / LJ 0— - CITY OF CARLSBAD 1200 ELM JENUE CARLSBAD, CALIFOJIA 92008 438-5621 REC'D FROM_I)d(i L!iti/? DATE___________ ACCOUNT NO. DESCRIPTION AMOUNT I iccc OE*J,á(I,I :1 ic c// /•( L, ______ __ 9452 08/30/8 0001 01 0 9452 0/30/89 Mir 400101 01 I Act8E30 4.00 RECEIPT NO. $7365 TOTAL L/ 7Ljj . [1 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. / Applicant Signature: Staff Signature: Date: --- 3 • To be stapled with receipt to application Copy for file . 74:i~lf c i ty of rIsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. Masader_ Investments, _Ltd. A Corporation 4675 MacArthur_ Court, _Suite _1210, Newport _Beach, _CA92660 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Masader Investments, Ltd., A Corporation 4675 MacArthur _Court, _Suite _1210 Newport Beach, CA 92660 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Masader General Trading Co. 4675 MacArthur Court, Suite 1210 Newport Beach, CA 92660 4 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards Commissions, Committees and Council within the past twelve months? Yes No ... If yes, please indicate person(s)_________________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal - organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) ~,. - LI, Z Signa re of Owner/date Signature of applicant/date Mäsader Investments, Ltd. Masader Investments, Ltd. Print or type name of owner Print or type name of applicant 02--- . I DISCLOSURE FORM APPLICANT: LflD. ( A/vAd Name (individual, partnership, joint venture, corporation, Syndi1on) qb 7 f31 3ru e,2-7 ' /_,o cr 73tci Business Address 7/'/1 9f7—t2 919 Telephone Number AGENT: Name 1 1) I.. / at 6 O'-- Business Address 1L/_S7/2 9 Telephone Number MEMBERS: ,vj,t3 Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. i-ID. APPLICANT BY gent, Owner, Partner . . EXHIBIT A LEGAL DESCRIPTION Lots 1107 & 1108 of LA COSTA Carlsbad, County of San Dieg Map thereof No. 6905, filed in San Diego County, April 21, 1971. MEADOWS I. o, State, o i the Office JNIT NO. 2 in f California, a of the County the City of ccording to Recorder of REV 3-1-88 7 IN •133 I - CCU 370 5f71 mu ptcnvutii iltu IRU'1 uMF047 When Recorded Mail To: Spas. Below for R.cordjr'. Use x x x I I I I I I I I I 01C1,A11Ai'1ON AND F.STAIUJSIIMI:NT cw I'll'li("l i ,, H CONDITIONS AND RESTRICTIONS I ,otii 254 through 412 Wt (rntlt Mutlnws Unit No. 2 TillS 1)I:C1.AHATI0N AND ESTABLISHMENT OF l'UOTECTIVE CONDITIONS AND Iu:STIHCTIC )NS nook' this 4th day of May 1971, by 14 COSTA I4NL) OM i'AN, an Illinois c ç'orMinn4 qualified and authorized In transact tminoas in the Stale of California, hereinafter referred to as 'L)relarant". - .W1TNE!9ET11: WIlE UA!l rM is the tstiet of u tettsth tat..I of land in San Diego County. California. more particularly described as follows: i.iits 254 through 412, Inclusive of La Costa Meadows Unit No. 2. according to Map No. S905 • tiled in the Office of the County Becorder of San Diego County. California. ___________________ at.d filed as Document No. 79688 on April 21 • lii_71 and WhEREAS, it is the desire and intention of Declarant to sell the property above described, and to impose upon it mutual beneficial restric- ito.is for the benefit of nil the land in that tract and the future owners of those lands. NOW. ThEREFORE, know all men by these presents: Declarant hereby declares that said lots, all parcels and portions -1- CCII 370 S,,l of said La Costa Meadows Unit No. 2 are held, and shall be held, trans- ferred, hypothecated. gold, conveyed or encumbered, leased, rented. used, occupied and improved, subject to the covenants, conditions, restrictions, reservations, conditions subsequent with reversion, and charges as follows, all of which are declared and agreed to be in-further- ance of a plan for the subdivision, improvement and sale of said land and every part thereof. All of the limitations, restrictions, conditions and covenants shall run with the land and shall be binding upon all parties having or acquiring any right, t to or interest in the described land or any part thereof. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION The property subject to this Declaration is known as La Costa Meadows Unit No. 2, and is more particularly described as: Lots 254 through 412, inclusive of La Costa Meadows Unit No. 2. according to Map No. 6905 , filed In the Office of the county Recorder of San Diego County, California. _________________ and filed as Document No. 79688 on April 21 , itt 71 ARTICLE II DEFINITION OF TERMS 1. "Lot' means one of the numbered parcels of real property as shown on the map hereinabove referred to or any parcel or parcels into which said property is split or shall be subdivided. 2. "Said property" means the property described in Article I, unless the context and r&rrumstant'os othi'rwlso roquiro, 3. "Set back" means the minimum distance between the dwelling building or other structure referred (iji and it IØvs.I, slr.,qt us' tins, 4. "Building site" means a single lot as shown on s'id map, or as shown on any future final &wbdtvthioi map, or as shown on a parcel consisting of contiguous portions of any two or moru contiguous lots • or -2- 2- - CCLk37O5/71 all of one lot and parts of one or more lots and adjacent thereto; any such building site, however, is subject to the prior written approval of the Architectural Committee. 5. "Street" moan' any street, highway or other thoroughfare shown on said map, whether designated thereon as street, avenue, boulevard, place, drive, road, terrace, way, lone, circle or otherwise. G. "R-2 Lots" are those lots described above as Lots 254 through 388, inclusive. 7. "5-3 Lot are those lots described above as Lots 389 through 411 ,_-inclusive. 8. "Commercial lots" shall mean Lot 412. ARTICLE III USE OF PROPERTY 1. No part of the said property or any part thereof shall be sub- divided, laid out or unproved by buildings, or structures, or its physical contours altered or changed, except with the approval of the Declarant with the written advice of the Architectural Committee, so as to Insure a uniform and reasonably high standard of artistic result and attractiveness, in exterior and physical appearance oi said property and improvements. 2. Said lots or parcels shall not be subdivided or split into lots of a lesser size than the size of the original lots or parcels without the written consent of Der.Jarant first had and obtained. 3. Said property, except for Lot 412, shall be used for residential purposes only, and no building shall be erected, constructed, altered or maintained on said lots or any part thereof, other than a dwelling for a single family (including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee. except that as to 5-2 lots and 5-3 lots, a two-family dwelling (including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee shall be allowed, and -3- 5/71 except further as to 8-3 Iota multiple single family dwelling units (including guests and household servants) with customary and suitable outbuildings as permitted by law and the Architectural Committee, provided that no such 8-3 lot shall be occupied by more than one dwelling unit per 1,000 square feet. 4. No horses, rattle, rows, goats, sheep, rabbits, hares, reptiles, or other animals, pigeons, pheasants, game birds, game or other birds, fowl or poultry sli:ill be raised, kept or permitted upon said property or any part thereof, except that dogs and cats and other household pets may be kept, provided that they are not kept, bred or raised for commercial pur- poses or in unreasonable quantities, and provided that they do not become a nuisance to the owners of, or occupants of said property, and that although horses may not be kept, stabled or maintained, they may be permitted on the premises, 5. No part of said property shall be used for the purpose of drilling thereon for, or producing therefrom, water, oil, gas or any mineral substance. Declarant hereby reserves all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land. 6. No noxious or offensive trade or activity shall be carried on upon said property or any part thereof, nor shall anything be done or main- tained thereon which may be or oecome an annoyance or nuisance to the neighbrhood. 7. No television antenna or antennae or unsightly objects, poles or wires shall be permitted on the roof of any dwelling or other building; and, in the case of television antennae, the owner of the property may, at his option, hook on to the underground television antenna system which Declarant may cause to be installed. 8. Said real property and the building sites included therein are subject to such easements and rights-of-way for erecting, constructing, -4- CCU 370 511 * maintaining and operating public sewers, and poles, wires and conduits for lighting, heating, power, telephone, cable television and any other method of conducting and performing any public or quasi-public utility service or function beneath the surface of the ground, such as casements and rights-of-way are more particularly set forth in said map, or other- wise of record. 9. Declarant hereby reserves the right to make any and all cuts and fills on said property owned by IL and on the building sites included therein, and to do such grading as in its judgment may be necessary to grade streets and building sites designated or delineated upon said map of said property or any part thereof. 10. No mailbox detached from the dwelling structure, which it is Intended to serve, shall be Installed or maintained unless its proposed size, shape, color and design and location is first approved by the Architectural Committee. 11. No utility area or drying yard shall be constructed or main- tained on the property unless a plan therefor shall be first submitted to the Architectural Committee, and the latter shall determine that su'h plan appropriately provides for screening said area or yard from exterior view. 12. No residential buildings shall be constructed or maintained on the property without suitable carport or garage and off-street parking spaces, the size, location, color and design of which shall first be approved by the Architectural Committee. in any event, each dwelling building shall be provided with a minimum of permanently maintained off-street parking spaces in a parking area or private garages of two (2) parking spaces for each dwelling unit, one of which shall be in a covered carport or garage. 13. No water softener shall be installed or maintained for use in connection with any building on the property which discharges effluent brine into the sewage system of the property, and unless it is appropriately screened from exterior view. The type of water softener and a plan for -5- - CC*A3705/71 Its screening shall first be approved by Maid Architectural Committee before Its installation. ARTICLE IV CUAUACTEIt OF BUILDING 1. No residential building may be erected or maintained on any of said property except multiple single family dwellings, two-family dwel- lings and single famP dwellings, with private appurtenant garages and customary outbuildings. Except as to Lot 412, no building shall exceed more than two stories in height or thirty-five feet in height, whichever is less. 2. No trailer, outhouse, garage, shed, tent, or any temporary buildings of any kind shall be erected or maintained on any lot or building site prior to the erection of the principal dwelling building thereon, pro- vided, however, that the conditions herein contained shall not be construed to prevent the temporary construction and maintenance by Declarant or its agents of buildings or improvements on said property deemed necessary or convenient In the development of tI subdivision. 3. The work of constructing any residence or building shall be prosecuted diligently and continuously from the commencement thereof until the same is completed. All structures shall be suitably painted, colored or stained Immediately upon completion. 4. No single family dwelling shall be erected, except on odd and irregular-shaped lots, which shall have a floor square foot area, exclusive of porches and garages, of less than 1500 square feet without the prior written permission of the Architectural Committee. No dwelling unit of any residential building containing more than one single family dwelling unit shall be erected, converted or constructed on said property which shall have a floor square foot area, exclusive of porches aiid garages, of less than 1000 square feet without the prior written permission of the Architectural -6- - CCL* 370 5/7I Committee. 5. No building erected or constructed elsewhere shall be moved onto any lot or building site without the prior written approval of the Architectual Committee. 6. No horse trailer, living trailer, house ear or "campster", boat or boat trailer shall he parked on any road or building site either temporarily or permanently, or shall any such motor vehicle not capable of being operal be parked for longer than forty-eight (48) hours outside of a garage on any lot or building site. Other than customary maintenance work and minor emergency repairs, there shall be no painting, repairing or mechanical work done on any motor vehicle on any residential lot or building alto. 7. Declarant shall have the right at all Limos to enter on or upon any lot or building site that is vacant or unplantcd or untenanted by the owners thereof, alter reasonable notice to the owners thereof, and to plant or replant, trim, cut back, remove, replace and/or maintain hedges, trees, shrubs or flowers on the area within twenty-five (25) feet of any front or rear or side line thereof, and/or to keep cultivated and/or remove plants on any portion of any lot or building sites of said property, and Declarant, or any officer or agent thereof, shall not thereby be deemed guilty of any manner of trespass. When the owner of a parcel or lot so planted or main- tained by Declarant shall give written notice to Declarant of 'Js intentions to improve the same within thirty (30) days, Declarant may, within thirty (30) days. and thereafter until work on said improvements is commenced, transplant, remove or dispose of any or all of the plantings which may have been made by it. ARTICLE V FENCES 1. No fence, wall, hedge or coping shall be erected nearer the -7- CCM 370 5,I7 . front lot line than the front line of any dwelling which shall have a greater height than six (6) feet above the finished graded surface of the ground upon which It is located. 2. All fences from the standpoint of construction, style, material. color and view shall be subject to the prior written approval of the Architectural Committee. Because of the topography of the land, and particularly in connection with lots which shall abut the golf course, such matters as the obstruction of the view, elevation, height, architectural style and materials are importance to all of the prospective owners of lots in the subdivision, and therefore, for the protection of all owners, the prior written approval of the Architectural Committee is required. ARTICLE VI SETBACKS • 1. As to any R-2 lot or R-3 lot, the dwelling units may be located to within but no nearer than five (5) feet, plus two and one-half (1-1 /2) feet for each dwelling unit in excess of two (2), but not more than ten (10) feet to any side lot line. 2. None of the setback lines referred to in this article shall apply to open porches, eaves, bay windows, steps, chimneys, porte-cocheres, gates, or gateposts, which, however, with the exception of porte-cocheres, gates and gateposts shall in no event extend more than eightten (18) inches into the side setbacks referred to in this article. The Architectural Com- mittee may grant exceptions and varianc.s from the provisions of this article. ARTICLE VII SIGNS Except as to Lot 412, no signs or other advertising device of any character shall be erected or maintained upon any part of said property, except that (a) on any one lot or building site one sign, not larger than eighteen (18) inches by twenty-four (24) inches, advertising the property fn -8- ra'i CUR 37O5/t sale or rent, may be erected and maintained; (b) Declarant or its agents may erect and maintain on said property such signs and other advertising devices as it may deem necessary or proper in connection with the conduct of Its operations for the development, improvement, subdivision or sale of said property; (c) as to R-3 and commercial lots, only one (I) sign visible from exterior of the buildings and designating only the permitted principal use of the premises, shall he allowed fronting each Street, pro- vided that: (I) the color, lf:'hting and style of the sign has been approved by the Architectural Committee in writing; (2) no sign shall exceed twenty (20) square feet in area; (3) no aign shall be illuminated by changing or animated lights or parts. Any illumination employed shall he an indirect nature. ARTICLE VIII APPROVAL OP PLANS 1. No building, fence, wall, pole or other structure shall be erected, constructed, altered or maintained upon any portion of said property, unless a complete set of plans and specifications therefor, including the exterior color scheme with a block plan indicating the exact location on the building Bite, shall have been submitted to and approved in writing by the Architectural Committee as hereinafter set forth, nor shall any building erected or constructed elsewhere be moved onto any building site without the consent specified by Paragraph 5 of Article IV. The approval of said plans and specifications may be withheld not only because of their noncompliance with any of the specific conditions and restrictions contained In this and other clauses hereof, but also by reason of the dissatisfaction of the Architectural Committee with the style, design, appearance or location of the proposed structure or structures. At the time the building plans and specifications shall be submitted to the Architectural Committee for its approval, the applicant shall pay the following filing fees: As to any R-1 lot, 50 for each plan submitted. As to any R-2 lot, 75 for each plan submitted. As to any R-3 lot, $100 for each plan submitted, plus $3 per unit per building. -9- CCU 370 5/71 2. The written approval of the Architectural Committee may be recorded in the Office of the County Recorder of San Diego County, and shall be conclusive evidence of such approval. 3. The approval of the Architectural Committee of any plans or specifications submitted for approval, as herein specified, shall not he deemed to be a waiver by the Architectural Committee of its right to object to any of the Itaturcs or elements embodied in any subsequent plans or specifications submitted for approval as herein provided, for use on any other building site, nor shall such approval be construed as in any manner modifying, altering or waiving any of the conditions or restrictions not out herein as to location or otherwise. 4. if after such plans and specifications have been approved, the building, wall, fence, or other structures shall be altered, erected or maintained upon the building site otherwise than as approved by the Architectural Committee, such alteration, erection and maintenance shall be deemed to have been undertaken without the approval of the Architectural Committee ever having been obtained as required by this Declaration. 5. Any agent or any member of the Architectural Committee may from time to time at any reasonable hour or hours enter and inspect any property subject to the jurisdiction of the Architectural Committee as to Its maintenance or improvements in compliance with the provisions hereof and the Architectural Committee or any agent thereof shall not thereby be deemed guilty of, or become liable for, any manner of trespass for such entry or inspection. The Architectural Committee may issue a certificate of completion and compliance as to any property so inspected. 6. No alteration shall be made In the exterior design or color of any structure unless such alteration, including any additions, shall have first been approved in writing by the Architectural Committee. 7. The Architectural Committee shall consist of three (3) members -10- I IN cc" 37O5/1 who ubsU be appointed by the undersigned Declarant. S. Until such time as Is hereinafter provided, Declarant shall have full power to remove any member of said Architectural Committee and to make appointments to (ill any vacancies In the membership thereof. Any written instrument of appointment or removal duly executed by Declarant msy be tiled with the County Recorder of San Diego County, and such recordation shall impart to all persons of the matters therein sot forth. 9. A written approval of two (2) of the members of the Architectural Committee shall constitute an approval. if said Architectural Committee fails to approve or reject any plans and/or specifications which have been submitted to it within thirty (30) days after submission to the Architectural Committee, then no approval shall be necessary. If no action shall be filed. or notice of rejection recorded, by or on behalf of said Architectural Com- mittee within thirty (30) days alter notice of completion shall be recorded covering the construction, alteration or replacement of any structure, the filing of such notice of completion of record shall be conclusive evidence of the approval of such structure by the Architectural Committee. 10. Declarant may, at any time, at its option, relieve itself of the obligation of appointing and maintaining said Architectural Committee by filing in the Office of the County Recorder of San Diego. a notice stating that it has surrendered the powers of appointment and maintenance of said Architectural Committee as granted by this article and this Declaration, and upon recording of such notice, said powers shall immediately vest in the majority of the property owners or in an association of property owners, If one has been formed by the property owners and is in existence. 11. Neither Declarant, its successors or assigns, nor the Architectural Committee, nor any member thereof, shall be held responsible for any loss or damage, nor be liable in any way whatsoever for any errors or defects which may or may not be shown on said plans or specifications, or -11- CCU 37OSfiI otherwise. 12. For the purpose of masing a search upon, or guaranteeing or insuring title to, or any lien on or interest in. any hit or parcel of said property and for the purpose of protecting purchasers and enrumbrancers for value and in good faith as against the performance or nonperformance of any of the acts in this Declaration authorized, permitted or to be approved by the Architectural Committee, the records of the Architectural Committee shall be prima fade evidence as to all matters shown by such records; and the .cuance of a certificate of completion and compliance by the Architectural Committee showing that the plans and specifications for the improvements or other matters herein provided for or authorized have been approved and that said improvements have been made in accordance therewith shall be prima facie evidence and shall fully justify and protect any title company or persons certifying, guaranteeing or insuring said title, or any lien thereon or any interest therein, and shall also fully pro- tect any purchaser or encumbrancer in good faith and for value in acting thereon, as to all matters within the jurisdiction of the Architectural Com- mittee. ARTICLE IX CONSTRUCTION OF CONDITIONS AND RESTRICTIONS 1. The determination by any court that any of the provisions of this Declaration or any part hereof, are unlawful or invalid shall not affect the validity of the other provisions or remaining portions hereof. 2. Damages are declared not to be adequate compensation for any breach of the provisions of this Declaration, Declarant contemplating the enforcement of such restrictions as part of the general plan of improve- ments, and not damages for the breach of such restrictions. -12- /2 CCL* 370 5/71 AHTICI.K X SCOPE AND DURATION OF CONDITIONS, RESTRICTIONS AND CHARGES All of the conditions, restrictions and charges set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the owners thereof as part of the general plan of Improvements. development, building, occupation and maintenance hereby, and said conditions, restrictions and charges shall run with the land and continue to be in full forte and effect until January 1, 19.90. at which time said conditions, restrictions and charges shall be automatically extended for successive periods of ten (10) years unless by a vote of a majority of the owners of record of building sites it is agreed to change said conditions, restrictions and charges in whole or part by an instrument in writing, signed by said owners, which shall be acknowledged by them so as to entitle it to be recorded in the Office of the Recorder of the County of San Diego, provided, however, the prohibition of Paragraph 2 of Article III shall be perpetual upon all property for the mutual benefit of every lot or building site therein, provided, further, that upon issuance of a California Division of Real Estate's Public Report for L statutory condominium or planned-unit development and the filing for recordation of a Notice of Completion thereof, the provisions of Article VIII and paragraphs 1, 3. 10, 11 and 12 of Article 111 shall be of no further effect as to any part of said property referred to In said ropoct and described in said Notice of Completion and Declarant, its successor or assign shall execute and deliver any documents necessary to carry this provision into effect. ARTICLE XI EFFECT OF BREACH OF CONDITIONS AND RESTRICTIONS The conditions, restrictions and covenants hereby established shall operate as covenants running with the land; and further. Declarant and/or the owner or owners of any lot or lots, including any bona fide purchaser -13- CCIR 370 5171 under contract, in the event of a breach of any of said restrictions. conditions and covenants or a continuance of any such breach. may bring appropriate legal proceedings, take steps to enjoin, abate or remedy the same. Provided, however, that a breach of the foregoing crnditions and restrictions shall not affect or render invalid the lien of any mortgage or deed of trust made for value which may then be a lien, or become a lien upon said proper v, but such conditions and restrictions shall be binding upon and effective against any owner, and heirs, devisees, executors, administrators, successors and assigns of any owner, whose title is acquired under and through any such mortgage or deed of trust by foreclosure. Trustee's sale, or otherwise. ARTICLE XII RIGHT TO ENFORCE I. The provisions contained In this Declaration shall bind and inure to the benefit of and be enforceable by Dcclarant, its successors or assigns, or the owners of any portion of said property, or their and each of their legal representatives, heirs. successors or assigns: and the failure to enforce any of such conditions, restrictions or covenants herein contained shall in no event be deemed to be a waiver of the right to do No thereafter. 2. In any legal proceeding commenced by anyone entitled to enforce, or restrain a violation of this Declaration, or any provision hereof, the losing party or parties shall pay the attorney's fees of the winning party or parties In such amount as. may be fixed by the Court in such proceeding, ARTICLE XIII AMENDMENT This Declaration or any part thereof may be amended or supple- mented by an instrument In writing subscribed by not less than sixty-six -14- cc" 3705171 Vol and two thirds percent (68-2/3%) of the owners of the property and flied for record in the office of the County Recorder of San Diego County. IN WITNESS WHEREOF. LA COSTA LAN!) COMPANY, a corporation. has caused its corporate name to be hereunto subscribed by its officers thereunto duly authorized and its corporate seal affixed as of the day and year first above written. LA COSTA LAN!) COMPANY. an Illinois corporation By L. ( 4... V1.ce-I'restpnL By .- Assistant STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO On this 4th day of May , 1071. before me, a Notary Public.FqpaUy appeared BURTON L. KRAMER known to me to be th'ttresjdent and ELAINE THOMAS t Se known to me to be the Assistancretary of the LA COSTA LAND COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. (Seal) - iblic Ui and •. ( County and State -15- RESIDENTIAL CONDOMINIUMS RESIDENTIAL PLANNED UNIT DEVELOPMENT CHECK LIST COMMENTS PROJECT NUMBER j / 1. 15 site plans 2. 15 landscape () ,4z1. 3. 15 bldg. elevations & floor plans 4. 1 site plans 5. 1 location map 6. EIA $1-2-o 7. PFF agreement (2) -5 S( 8. Disclosure statement QL- owner's list and 2 address labels + postage 600 ft. radius map N E 11. Title Reports (3) 12. Site & elevation plan 13. Constraints map 14. 1 traffic volume map DATE SIGNATURE a - ib -; r .. Q-k7 IrE 000 ,00 Lk S V AlLa- S S — c---r flEW fie - - oq U r • I ILOTS 407 & 408 CARLSBAD PROJECT L LSADER INVESTMENTS CN R10 ST 2g 21 II.. • ' - ____ _____ 4 ca _T 4f I ST UA I. 1 A( 1 .11 • \ c1tl.I '\ I S1 ç i9T ON Go 4. OBELISC ' - 0 E______ • . LOCATION MAP 4 ..e .. .