HomeMy WebLinkAboutCT 91-10; LEVANTE STREET TOWNHOMES; Tentative Map (CT)crr - OF CARLSBAD
LAND USE REVIEW APPQCAi1oN FOR ?AGE 'i OF 2
i) APPLCATIONS APPL.ED FOR: CHEC:<
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C Lizr any other appiicadorLs not soecthced H'
) CCAON CF PROJECT: ON TIE North SIDE OF Levante Street
(NOR-M. SOLTr{ EAST, WEST) (NAME CF SP.EET)
BETWEEN LLa Costa Ave. ND Morada Street
NAME OF 5EED (NAME OF STREET)
I3) BRIEF LEGLDESCRiPON: I Lots 230 and 231 of La Costa Vale Unit No. 1
Accorincr 1-i- t-hp rrt mr nn 74 in i-hp Ci1v nf CA -r] h (A
3) ASSESSOR PARCEL NO(S). 223-170-18 223-170-19
5) LOCAL. FACLITIES 1 6) EXISTING GENERAL PLAN TMH 7) PROPOSED GENERAL. PLAN IPMH
MANAGEMENT ZONE DESIGNATION DESIGNATION
3) EXISTING ZONING RDM—th 9) PROPOSED ZONING LRDMd 10) GROSS SITE -
ACREAGE
ii) ?ROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SU3DMSCN
RESiDENTIAL UNITS 16 OF LOTS 1 j Res.
RESIDENTIAL
NDLSTRIAL
4) NUMBER OF EXISTING RESIDENTIAL UNITS [_
15) PROPOSED INDUSTRIAL 16) PROPOSED CCMMERCAL U
CFF1CZ/SQUARE FOOTAGE SQUARE FOOTAGE
OT! A R1G THAT IAXTVU APPUCA=M 4TT IJ P3t. A ?R
REQt?4G ThAi at&y CW ALCAI SLTbQ7-AM PRM 1D 4 P. FLM(0)16 do 90
I R,~D USE W ON PC PM qW
I PERCENTAGE CF PROPOSED PROJECT 4 OPEN SPACE r 69%
:3) ?RCPCSED SEWER USAGE IN EQUVALENT wEL;NG :(-s 1 16
.?' ?RCPCSED :;C?.EASE :N AVERAGE DAILY -pp:c 1 7
?ROECT 'k.\IE: I Levante Street Townhomes
) BRIEF ESC?.!PTON CF RCECT. A one lot 16 unit condominium project
with 40 parking spaces and over 14,000 SF of recreation/open area
including a spa.
22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CT? STAFF.
PLANNING COMMISSICNERS. DESIGN REVIEW 30ARD MEMBERS. OR CEO., CC C MEMBERS TO INSPECT AND
ENTER THE PROPERTY THAT IS TE SUBJECT OF T4PPUCATIQN. t/WJ.,C NS NT TO ENTRY FCR THIS
PURPOSE i 7-2& /71 (4 "' 7 1IR
11 3' OWNER 1 24)
NAME (PRINT OR T(PE) NAME (PRINT OR Tt'PE)
Paul Lin and Louisa Chao I Joseph Wonq Desicin Associates
MAIUNG ADDRESS MAILING ADDRESS 1 4 Ticonderoga 2359 Fourth Avenue'
CITY AND STATE ZIP TELEPHONE C171 AND STATE ZIP TELE?CNE
Irvine, California 92720 213-402-5968 San Diego, California 92101 619-2
cERTrr THAT t A.-A THE LEGAL OWN I CERTIFY THAT I AM THE LEGAL OWNESUsaE2iESE.'CTAiVE AO 67 mxr 441. ThE AvE INFOR)AATION THAT ALL THE ABOVE INFORMATION is TRUE ."O coaacr -0 THE
5 TRUE AO CORFLECr TO THE BEST OF
MY 0OWILZIDGE.
BEST OF MY OOWLEDCE.
SIGNATURE DATE
ii
FOR CITY USE ONLY
FEE COMPUTATION: Receive
APPUCATION TYPE FEE REQUIRED
I 11 oV13 199
(
1T'( OF CARLSBAD
E / DAb E
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RECEIVED BY:
TCTALFEE REQUIRED
r DATE FEE ?.AJD /1/3/ / RECEiPT NO. rso
33-
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FIDELITY NATIONAL TITLE INSURANCE COMPANY
2763 Camino Del Rio South Phone(619) 295-7332
San Diego, California 92108 North County 748-4110
P.O. Box 85589,S.D., CA 92186-5589 727-1852 & 753-6321
PRELIMINARY REPORT
JOSEPH WONC DESIGN ASSOC.
2359 4th Avenue Your No.
San Diego, California 92101 Our Number 9112286—SM
Date: November 6, 1991
Attention: Mark Mucci
Copies to: Paul Lin
4 Ticonderoga
Irvine, California 92720
In response to the application for a policy of title insurance referenced
herein, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is
prepared to issue, or cause to be issued, as of the date hereof, a Policy or
Policies or 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 herein or not exclude 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 Exhibit A attached. Copies of the Policy forms should
be read. They are available from the office that issued this report.
This report (and any supplements or amendments hereto) is issued solely for
the purpose of facilitating the issuance for a Policy or Policies 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 or Policies of title insurance contemplated by this
report is:
CLTA STANDARD COVERAGE POLICY-1990
CLTA Owners JP Loan Policy Binder
ALTA LOAN POLICY (4-6-90) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA Loan Policy ALTA-R ALTA Extended Owners
Dated as of October 31, 1991 at 7:30 A.M.
MARTINE CARDIN-ALLEN
Subdivision Title Officer/kms
Page 1
FORM T-911A - Page 1 - (Rev. 2-91)
I
.
n
PRELIMINARY REPORT
PAGE NO. 2
ORDER NO. 9112286-SM
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:
HSIAO—FENG CHAO ANP LOUISA H. CHAO, husband and wife, as joint tenants, as to an
undivided 67% interest, and PAUL C. LIN AND CHOU SHIN—CHUN LIN, husband and wife,
as community property, as to an undivided 33% interest, in and to Lot 230; and
PAUL LIN AND CHOU SHIN—CHUM LIN, husband and wife, as joint tenants, as to Lot
231
NOTE: It is our understanding that title to said estate or interest in said
policy is to be vested in:
The land referred to in this report is described as follows:
Lots 230 and 231 of LA COSTA VALE UNIT NO. 1, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 7457, filed in the
Office of the County Recorder of San Diego County, October 18, 1972.
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as hereinafter shown.
1. General and Special taxes, a lien not yet payable, for the fiscal year
1991-92.
2. 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.
3. Covenants, conditions and restrictions, but deleting restrictions, if any,
based upon, race, color, religion or national origin, as contained instrument,
recorded April 11, 1973 as File No. 73-095442 of Official Records; and instrument
declaring a modification thereof recorded July 6, 1973 as File No. 73-187099 of
Official Records.
Said Declaration of Restrictions provides that a violation thereof shall
not defeat nor render invalid the lien of any mortgage or deed of trust made in
good faith or for value.
'4
.
PRELIMINARY REPORT
PAGE NO. 3
ORDER NO. 9112286-SM
1991-92 TAX INFORMATION:
Code Area:
Parcel No.
1st Installment:
2nd Installment:
Based on Land:
Code Area:
Parcel No.
1st Installment:
2nd Installment:
Based on Land:
9045
223-170-19
$1,756.35 OPEN
$1,756.35 OPEN
$299,676.00
9045
223-170-18
$1,739.82 OPEN
$1,739.82 OPEN
$296,514.00
I.
EXHIBIT A
D ASSOCIATION STANDARD COVERAGE PY - 1990
(CONTINUED)
CALIFORNIA• TITLE ASS
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company
will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to buiIdng
and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exercise thereof or a notice cia defect, lien or encumbrance resulting from
a violation, or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the
public records at Date of Policy, but not excluding from coverage any taking, which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant
had paid value for the estate or interest insured by this policy.
4. Uneriforceability of the lien of the insured mortgage because of the inability or failure
of the insured at Date of Policy, or the inability or failure of any subsequent owner of
the indebtedness, to comply with the applicable doing business laws of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which
arises out of the transaction evidenced by the insured mortgage and is based upon unsury
or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest
insured by this policy or the transaction creating the interest of the insured lender, by
reason of theoperation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of:
PART 1
Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the records of such agency or by the public
records.
Any facts, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public
records,
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authoirizing the issuance thereof; (c) water rights, claims or title to water, whether or not
the matters excepted under (a), (b), or (c) are shown by the public records.
AMERICAN tAINt) TI I Lt A33LA-1/11ILJr LJIIN rJLII ',-o-,uj
WITH A.L.T.A. ENDORSEMENT - FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90)
WITH A.L.T.A. ENDORSEMENT - FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company
will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
bI not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the insured
1. (a) Any law, ordinance or governmental regulation (including but not limited to building
and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the
claimant prior to the date the insured claimant became an insured under this policy;
(C) resulting in no loss or damage to the insured claimant;
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
in
(d) attaching or created subsequent to Date of Policy, or
(e) in loss or damage which would not have been sustained if the insured claimant resulting any improvement now or hereafter erected on the land; (iii) a separation ownership
or a change in the dimensions or area of the land or any parcel of which the land is had paid value for the estate or interest insured by this policy.
or was a part; or (iv) environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the
4. Unenforceability of the lien of the insured mortgage because of the inability or failure
of the insured at Date of Policy, or the inability or failure of any subsequent owner of
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation the indebtedness, to comply with applicable doing business laws of the state in which
or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
the land is situated.,
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which
(b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exercise thereof or a notice of a defect, lien or encumbance resulting
arises out of the transaction evidenced by the insured mortgage, and is based upon usury
or any consumer credit protection or truth in lending law,
from a violation, or alleged violation affecting the land has been recorded in the public 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory
lien for labor or materials over the lien of the insured mortgage) arising from services, records at Date of Policy,
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in an improvement or work related to the land which is contracted for and commenced
the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
advanced or is obligated to advance,
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured
jal created, suffered, assumed or agreed to by the insured claimant: by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
creditors' rights laws,
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company has occurred prior to Date of Policy which would be binding on the rights of a purchaser
will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
1.
(a) Any law, ordinance or governmental regulation (including but not limited to building
and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership
(b) not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the insured
became insured this or a change in the dimensions or area of the land or any parcel of which the land is
or was a part; or (iv) environmental protection, or the effect of any violation of these
claimant prior to the date the insured claimant an under policy;
(c) resulting in no loss or damage to the insured claimant;
laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant
or alleged violation affecting the land has been recorded in the public records at Date had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction creating the interest of the mortgagee insured of Policy.
(b) Any governmental police power not excluded by lal above, except to the extent that by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting creditors' rights laws.
from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in
the public records at Date of Policy, but not excluding from coverage any taking, which
The above ALTA policy forms may be issued to afford either Standard Coverage or Extended
Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage
in a Standard Coverage policy will also include the following General Exceptions:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage land the Company will not pay costs, attorney's fees or expenses) which arise by reason of:
PART 1
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authoirizing the issuance thereof, (C) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by the public records.
'
EXHIBIT A
-.
RICAN LAND TITLE ASSOCIATION LOAN POLIC 70
WITH ALTA ENDORSEMENT - FORM 1 COVERA
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy;
1. (a) Governmental police power; (b) Any law, ordinance or governmental regulation relating
to environmental protection; (c) Any law, ordinance or governmental regulation (including
but not limited to building or zoning ordinances) restricting or regulating or prohibiting
the occupancy,use or enjoyment of the land, or regulating the character, dimensions
or location of any improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part; (d) The effect of any violation of the matters excluded
under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from
a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, judgment liens or lis pendens must be recorded in order to
impart Constructive notice to purchasers of the land for value and without knowledge.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public
records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered,
assumed or agreed to by the insured claimant, (b) not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy
or at the date such claimant acquired an estate or interest insured by this policy or acquired
the insured mortgage and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder, (c) resulting in
no loss or damage to the insured claimmant, (d) attaching or created subsequent to Date
of Policy (except to the extent insurance is afforded herein as to any statutory lien for
labor or material or the extent insurance is afforded herein as to assessments for Street
improvements under construction or coimpleted at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured
at date of policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated,
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (64-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's
fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government
regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which
appear in the public records at policy date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of
Covered Title Risks,
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought
the land without knowledge of the taking
Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to-us, on the Policy Date - unless they appeared in
the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material
lien coverage in Item 8 of Covered Title Risks
Failure to pay value for your title.
Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of
Schedule A
or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in ltem.5 of Covered Title Risks.
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the
expenses resulting from:
1. Any rights, interests, or claims of parties in possession of the land not shown by the
public records.
2. Any easements or liens not shown by the public records. This does not limit the lien
coverage in Item 8 of Covered Title Risks.
3. Any facts about the land which a correct survey would disclose and which are not shown
by the public records. This does not limit the forced removal coverage in Item 12 of Covered
Title Risks,
4. Any water rights or claims or title to water in or under the land, whether or not shown
by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-21-87-)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company
will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building
and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the
occupancy,use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation, or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the
public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant
had paid vaue for the estate or interest insured by this policy.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87)
WITH A.LT.A. ENDORSEMENT - FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company
will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited tobuilding
and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (I) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected.on the and (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or
was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbranceresulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation, or alleged violation affecting the land has been recorded in the public records at Date of Policy. -
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the
public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but
known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant
had paid value for the estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inability or failure
of the insured at Date of Policy, or the inability or failure of any subsequent owner of
the indebtedness, to comply with applicable doing business laws of the state in which
the land is situated.,
Invalidity or unenforceability of the lien of the insured mortgage, orclaim thereof, which
arises Out of the transaction evidenced by the insured mortgage, and is based upon usury
or any consumer credit protection or truth in lending law.
Any statutory lien for services, labor or materials (or the claim of priority of any statutory
lien for services, labor or materials over the lien of the insured mortgage) arising from
an improvement or work related to the land which is contracted for and commenced
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
T-911A
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MAP NO. 7457
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I
CITY OF CARLSBAD
1200 CARLSBAIALLAGE DRIVE CARLSBAD, IFORNIA 92008
438-5621
REC'D FROM
DATE
ACCOUNT NO. DESCRIPTION AMOUNT
6-CCCO CnIcp/SDP __
42 \,f
7280 04/17/9 0001 01 02
RECEIPT NO. 1179 TOTAL I
CITY OF cARLSBAD
1200 CARLSBA . LLAGE DRIVE CARLSBAD, C IFORNIA 92008
438-5621
REC'D FROM4L
I
DATE _// /Lx 9
ii
I-
2i
ACCOUNT N0 DESCRIPTION AMOUNT
• C-P1T 49.Ct
-
- (•_, - - _____ 4n-
I -
RECEIPT NO. TOTAL
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA ORNIA 92008
438-5621
REC'D FROM (, / iL I(ii, (iLQde DATE--:2 2 ,
I J /[s
ACCOUNT NO. DESCRIPTION AMOUNT
281 07/02/91 0001 01 05
Mi: i4-0C
RECEIPT NO. 3987 TOTAL
0 I
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 applicationcomplet. When the application is complete, the
processing period will ',f\upon pfIte of the completion letter.
Applicant Signature:
Staff Signature:
To be stapled with receipt to application
Copy for file
City of Carlsbad
DISCLOSURE STATEMENT
APPLICANTS 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 COMMIrTEE.
.P'ease Print)
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
Joseph Wong Design Associates Owner Joseph 0. Wong
239 Fourth Avenue 239 Fourfh AN7,e nu e
San Diego, CA 92101 San Diego, CA 92101
Owner
List the names and addresses of all persons having any ownership interest in the property involved,
Owners/Partners
1. Paul Lin 7 Louisa Chao
4 Ticonderoga 4 Tonc9rng
Irvine, CA 92720 Irvine, CA 92720
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.
Applicant: Joseph Wong Design Associates 0wner/Prtners
Owner: Joseph 0. Wong 1. Paul Lin
2359 Fourth Avenue Same as Above
S an I.go, CA 97101 2 T.mlisa Cho
Same _as_hov'
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.
FRM 13 4/91 Page 1 of 2
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
PPP7 •
(Over)
Disclosure Statement Page 2
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.'
(ROTE: Attach additional pages as necessary.)
Signae of Owner/ate
aul Lin/Louisa Chao
Print or type name of owner
lI-1i-)
Sign ,(e of applicant/data
Joseph 0. Wang
Print or type name of applicant
FRM13 4/91 Page 2of2
0 0
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty
(50) day time restriction on Planning Commission processing of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended. by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i.e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time limits and
the thirty (30) day time limits are often exceeded. If you wish to have
your application processed concurrently, this agreement must be signed
by the applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Map until all
prior necessary entitlements have been processed and approved.
The undersigned understands that the processing tim-e required by the
City may exceed the time limits, therefore the undersigned agrees to extend
the time limits for Planning Commission and City Council action and fully
concurs with any extensions of time up. to one year from the date the
application was accepted as complete to properly review all of the applications.
X 0" OUCD
S
( II/
t U(6I Z ')WD4
Name (Print) -- I Xpc4lmcl-
Relationshio to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
WPLICATION REQUIREMENTS FOR
TENTATIVE TRACT MAPS (AND REVISIONS)
TENTATIVE PARCEL MAPS
CONDOMINIUM PERMFFS
PLANNED DEVELOPMENT PERMiTS (FOR RESIDENTIAL PROJECTS ONLY)
A proposed proj&t iithiiig that Jm1ltiple applkatlons be filed lnust be prior to 3:30
p.m.A proposed project requiring that only one application be flied m'tist be subirntted pnorto
4:00 p.m.
All joint application ehit its (LeTèntative Map and Plarthed Development Site Plan should be
prepared at the. same scald -'(tise a scale no smaller. than 1 40),..: Iniaddition all plans shall be
fully dimensioned (i.e., setbacks, heglr,, road widths, parking spaces,, planters yards. etc) The
following materials shall be submitted for each application except as noted on #7 and #8 under
Property Ownefs list and address labels.
1. Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36"
sheet(s) and folded into 8 1/2 x 11" size Fifteen copies of the tentative tract
map/condominium site plan shall be submitted by the applicant upon request of the
project planner prior to project approval. Each tentative map shall contain the
following information:
I. GENERAL INFORMATION:
O A. Name and address of owner whose property is proposed to be subdivided
and the name and address of the subdivider;
0 B. Name and address of registered civil engineer, licensed surveyor, landscape
architect or land planner who prepared the maps;
O C. North arrow;
O D. Scale; vicinity map;
O E. Date of preparation/revisions;
O F. Classification of lots as to intended residential, commercial, industrial or
other uses;
O G. Tentative Map number in upper right hand corner (City to provide number
at time of application).
O H. Number of units to be constructed when a condominium or community
apartment project is involved; Total number of lots proposed.
O I. Name of sewer and water district providing service to the project.
O J. Average Daily Traffic generated by the project broken down by separate
uses.
FRM003 4/91 Page 1 of 8
0
0
0
0
II.
IN
Is
U
U
K. Ne of School District providing service t'- project.
L. Proposed density in lots or dwelling units per acre.
M. Existing Zone and General Plan Designation.
N. Site acreage.
SITE INFORMATION:
A. General
1) Approximate location of existing and proposed building and
permanent structures;
2) Location of all major vegetation, showing size and type;
3) Location of railroads;
4) Legal description of the exterior boundaries of the subdivision
(approximate bearings, distances and curve data);
5) Lot lines and approximate dimensions and number of each lot;
6) Lot area for each proposed lot.
7) Setback dimensions for the required front, rear and side yard
setbacks for all structures;
8) Indicate top and bottom elevations for all fences, walls, and retaining
walls. Show these elevations at each end of the wall and in the
middle. Also show the worst condition elevation.
9) Show site details for all recreation lots or areas (when applicable).
10) Total building coverage for lots with proposed structures.
B. Streets and Utilities
1) The location, width and proposed names of all streets within and
adjacent to the proposed subdivision, show proposed street grades
and centerline radii. Provide separate profile for all streets with
grades in excess of 7%. Streets should be in conformance with City
Standards and Engineering Department Policies. (Especially Policy
Numbers 1 and 22)
2) Name, location and width of existing adjacent streets and alleys.
ir
FRM003 4/91 Page 2 of 8
V 0 3)ypical street section for all adjacent `%'s and streets within the
project.
O 4) Width and location of all existing or proposed public or private
easements.
O 5) Public and private streets and utilities clearly identified.
0 6) Show distance between all intersections and medium and high use
driveways.
O 7) Clearly show parking stall and isle dimensions and truck turning
radii for all parking areas.
0 8) Show access points to adjacent undeveloped lands.
0 9) Show all existing and proposed street lights and utilities (sewer,
water, major gas and fuel lines, major electric and telephone
facilities) within and adjacent to the project.
0 10) Showall fire hydrants located within 300 feet of the site.
C. Grading and Drainage
0 1) Approximate contours at 1' intervals for slopes less than 5%, 2'
intervals for slopes between 5% and 10%, and 5' intervals for slopes
over 10% (both existing and proposed). Existing and proposed
topographic contours within a 100 foot perimeter of the boundaries
of the site. Existing onsite trees; those to be removed and those to
be saved.
O 2) Earthwork volumes: cut, fill, import and export.
O 3) Spot elevations at the corners of each pad.
O 4) Method of draining each lot. Include a typical cross section taken
parallel to the frontage for lots with less than standard frontage.
O 5) Location, width and/or size of all watercourses and drainage
facilities within and adjacent to the proposed subdivision; show
location and approximate size of any proposed detention/retention
basins.
O 6) Clearly show and label the 100 year flood line for the before and
after conditions for any project which is within or adjacent to a
FEMA flood plain.
O 2. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations.
FRM003 4/91 Page 3of8
/
3. O) copy of 8 1/2" X 11" location map gested scale 200" - vicinity
maps on the site plan are not acceptable). ~
EY 4. Environmental Impact Assessment Form (separate fee required). Required
for tentative parcel maps only where significant grading is proposed. Check
with Planning staff to determine if required for your application.
[9" 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and
one(1) reproduced copy. (Separate fee required).
6. Disclosure Statement. (Not required for tentative parcel maps.)
7. Property Owners' List and Addressed Labels
IS TENTATiVELYSCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE
PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT
THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNERS LIST, LABELS AND
POSTAGE. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING
THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED
ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE
PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED.
- A typewritten list of names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner) except for all
Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to
Section 20.24.115 of Title 20. The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls.
- Two (2) separate sets of mailing labels of the property owners within a 600 foot radius
of subject property except for Tentative Parcel Maps which shall utilize a 300 foot
radius. For any address other than single family residence, apartment or suite number
must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant
must submit separate check to cover cost of postaze.
8. 600 Foot Radius Mat, (300 foot radius for Tentative Parcel Mays)
A map to scale not less than 1" = 200' showing each lot within 600 feet of the
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list. The scale of the map may
be reduced to a scale acceptable to the Planning Director if the required scale is
impractical. For Tentative Parcel Maps, a map to scale on an 8 1/2 x 11 inch sheet,
showing each lot within 300 feet of the exterior boundaries of the subject project.
9. Preliminary Hydrology map and calculations for lots exceeding one acre.
Show before and after discharges to each including drainage basin.
FRM003 4/91 Page 4 of 8
• 10. Three (3) copies of the Preliminary Title Report (current within the last six
(6) months).
11. Proof of availability of sewer if located in the Leucadia County Water District
or the Vallecitos Water District.
E1 12. School District letter indicating that school facilities will be available to the
project.
13. Colored Site Plan and Elevation Plan (Not required with first submittal and
not required for tentative parcel maps). It is the Applicant's responsibility
to bring one (1) copy of a colored site plan and one (1) copy of a colored
elevation to the Planning Department by Noon eight (8) days prior to the
Planning Commission meeting. Do not mount exhibits.
14. Statement of agreement to waive tentative subdivision map time limits.
Required for tentative maps only when project requires concurrent
processing of planning application, or environmental review.
15. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site
Plan, etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following
information: (Note: this information is not required for previously graded
sites and the conversion of existing structures.) If the constraint does not
apply to the property, list it on the map as not applicable.
U (1) Major ridge lines
U (2) Distant views
O (3) Internal views
O (4) Riparian or woodlands
O (5) Intermittent drainage course
O (6) 25 - 40% slopes
O (7) Slopes 40% and above
O (8) Major rock outcroppings
O (9) Easements
O (10) Floodplains
O (11) Archaeological sites
O (12) Special planning areas - type of special planning area
FRM003 4/91 Page 5 of 8
0 (13) Biological Habitats. Indicate the location of coastal sage scrub and
chaparral plant communities existing on the site
Cl (14) Beaches
0 (15). Permanent bodies of water
0 (16) Wetlands
0 (17) Land subject to major power transmission easements
0 (18) Railroad track beds.
16. For projects with an average daily traffic (ADT) generation rate greater than
500 vehicles per day:
Two (2) copies of a Circulation Impact Analysis for the project. The analysis
must be prepared by an appropriate registered Engineer. The analysis must
show project impacts to all intersections and road segments identified as
impacted within the included Local Facilities Management Plan. The
following should be included with the study:
a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads,
background and project AM and PM peak hour impacts and traffic
distribution.
b) Project traffic generation rates.
c) Necessary calculations and/or analysis to determine intersection and
road segment levels of service.
d) Any proposed mitigation requirements to maintain the public facility
standards.
0 17. Noise Study consistent with the Planning Department Administrative Policy
T
No. 17 when applicable. (See Policy #17).
18. Two copies of preliminary soils/geologic report for all project with cut or fill
depths exceeding 5 feet.
19. For all condominium conversions, a signed statement by the owner stating
Section 66427.1 of the State Map Act will be. complied with.
D 20. For all condominium conversions, a letter from San Diego Gas and Electric
company stating that plans to convert the gas and electric system to separate
systems have been submitted and are acceptable.
21. For all condominium conversions, one copy of a compliance inspection
performed by the Building Department. (Separate fee required.)
FRM003 4/91 Page 6 of 8
22. Fondominium and planned developirojects, ten (10) copies of
4 , a preliminary landscape plan (four (4) copies for projects with four or fewer
units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15)
copies of the landscape plans shall be submitted by the applicant upon
request of the project planner prior to approval of the project. The scale
should be consistent with all other exhibits.
Each landscape plan shall include the following information:
a. Landscape zones per the City of Carlsbad Landscape Manual.
b. Typical plant species, quantity of each species, and their size for each
planting zone in a legend (Use symbols).
C. An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone.
d. Landscape maintenance responsibility (private or common) for all
areas.
e. Percent of site used for landscaping.
f. Water Conservation Plan.
23. For all condominium and planned development projects, ten (10) copies of
the building elevations and floor plans (four (4) copies for projects with 4
or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fiffiiii
(IS) copies of the building elevations and floor plans shall be submitted by
the applicant upon request of the project planner prior to project approval.
Each building elevation and floor plan shall include the following
information:
a. Floor plans with square footage included.
b. Location and size of storage areas.
C. All buildings, structures, walls and/or fences, signs and exterior
lights.
d. Include a scale on all floor plans and building elevations.
e. Indicate on all building elevations the height measured from grade
to the midpoint of the highest roof. The measurement is taken five
feet from the building wall and at the lowest grade elevation (worst
condition).
0 24. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF
APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF
SMALL LOTS, AS ATTACHED.)
FRM003 4/91 Page 7 of 8
25. Paphs of the property taken from th-WLh, south, east and west.
/
26. Construction materials board and color samples (i.e., roofing, exterior walls,
.4
pavement, glass, wood etc.)
27. Pursuant to Section 21.45.040(6) of Title 21 applications for planned
developments on properties designated or zoned for single family
development shall be accompanied by a preliminary tentative map. This map
shall illustrate how many standard lots conforming to applicable zoning and
subdivision standards served by public streets could fit on the site. The
design of this preliminary tentative map shall comply with all applicable City
Ordinances and Standards except for the design standards of the Planned
Development Ordinance. The applicant shall also submit maps, diagrams,
plans and a report showing that the proposed planned development will
result in superior residential development consistent with the purpose and
intent of the Planned Development Ordinance. The density on the developed
portion of the planned development site shall be similar to and compatible
with surrounding development.
RTI Signed "Notice of Time Limits on Discretionary Applications".
29. Completed "Project Description/Explanation" sheet.
FRM003 4/91 Page 8 of 8
L:i
ORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
)
)
CITY OF CARLSBAD
)
1200 Carlsbad Village Drive
)
Carlsbad, California 92008
)
Space above this line for Recorder's use
ParcelNo.223-17018 223-170-19
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2$ day of _SEPT , 1 9_11 by and between
Paul Lin and Louisa Chao
(Name of Developer-Owner)
a Partnership , hereinafter referred to as 'Developer"
(Corporation, Partnership, etc.)
whose address i's 4 Ticonderoga Irvine, California 92720
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached
hereto and made a part of this agreement, hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows: a one lot
16 unit condominium project on said Property, which development
carries the proposed name of_Levante Street Townhomes and
Form Approved
By City Council April 22, 1986
Reso. No. 9169 4P C71-z
0
LI
reinafter refered as "Development"; and
WHEREAS, Developer filed on the day of /19-1.) , 191 with the City a request
for Tentative Map and Condominium Permit
__hereinafter referred to as "Request";
mom
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of.-Council Policy No. 17, dated
July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's
public facilities and services are at capacity and will not be available to accommodate the additional
need for public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and services will be
available to meet the future needs of the Development as it is presently proposed; but the Developer
is aware that the City cannot and will not be able to make any such finding without financial
assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to exceed
3.5% of the building permit valuation of the building or structures to be constructed in the
Development pursuant to the Request. The fee shall be paid prior to the issuance of building or
other construction permits for the development and shall be based on the valuation at that time.
Form Approved
By City Council April 22, 1986
Reso. No. 9169 2
L7
fee shall be in addition to any fees, dedications or improvements required pursuant to Titles
18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 3.5% of the building permit
valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to
the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad
Municipal Code. Condominium shall include community apartment or stock cooperative. The terms
"other construction permits", "other construction permit" and entitlement of use" as used in this
agreement, except in reference to mobile home sites or projects, shall not refer to grading permits
or other permits for the construction of underground or street improvements unless no other permit
is necessary prior to the use of occupancy for which the development is intended. Developer shall
pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other
construction permits for the development. This fee shall be in addition to any fees, dedications or
improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of all
or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate
a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when made, shall become a part
of this agreement. Sites donated under this paragraph shall not include improvements required
pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City's General Plan. If the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services, and the
Form Approved
By City Council April 22, 1986
Reso. No. 9169 3
!-fl L F-
7
dopment will not be consistent with the General Plan and any approval or permit for the
Development shall be void. No building or other construction permit or entitlement for use shall
be issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
S. City agrees to provide upon request reasonable assurances to enable Developer to
comply with any requirements of other public agencies as evidence of adequate public facilities and
service sufficient to accommodate the needs to the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests made by
Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the following
manners:
7.1 If notice is given to the City by personal delivery thereof to the City or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid
and certified.
7.2 If notice is given to Developer by personal delivery thereof to Developer or
by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as may have been designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall
Form Approved
By City Council April 22, 1986
Reso. No. 9169 4
r '
ly to the respective successors and assigns of Developer and the City, and references to
Developer or City herein shall be deemed to be reference to and include their respective successors
and assigns without specific mention of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall terminate; provided,
however, that any successor of Developer's interest in the property shall have first assumed in
writing the Developer's obligations hereunder.
9. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
Form Approved
By City Council April 22, 1986
Reso. No. 9169 5
STATE OF CALIFORNIA
t)J r/hp/4 Ss. COUNTY OF
e ,! On this day of , in the year
CL _________________ • before me, the undersigned, a Notary Public in
and for said County and State,per on 11 appeared
PAUL ('
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name
ubscribed to the within instrument and
acknowledged that _____________________________ executed the
same.
C. Signature
I 74?ts
Name (Typed or Printed)
Notary Public in and for said County and State
F2492 R 6/84
- - -
SEAL js C. 1SA
My Comm. Epres Jan. 22,1gg3
FOR NOTARY SEAL OR STAMP
40
VITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER:
7~4'41we_7'
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L:
By:
(Title)
By:
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
MARTIN ORENYAK
For City Manager
Ii.
Cty o Toipa1 )
kLCLfl tnsci tn. in ) Sn:
oipii Office )
'
Shirley Lee SCC1 t:ary (PL)6-8), duly appointed
sz c.n I erSb7 ccUy that on thin 7j-hAl y ofSet, 19 91
:rJ LOUISA HOUN Ho llAO---
i'.r:n ti; bs CA, indi.vdut1n) described In, vhose
J;cjn ,':;crftd to and who tnecut,d che wi.htn inStroent
by of the contont of aJd intrurt .ohnf
y d;ly dnwi.td tnt/n/cnutod the sane
aI v actLLy for unno a.-ad purposna tborin tmrnionsd
Tai wtorf I hvo eruntO
v hand anu .,EAio!a! anaL tha --
dpy ;J aar wrt1en 1
S hi r 4e e
Spec frl Notary (PL96-8) duly
appointed and qualified.
My commission expires: February 2'?, l992
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
Form Approved
By City Council April 22, 1986
Reso. No. 9169
0
EXHIBIT WAN
to
LEGAL DESCRIPTION
Lots 230 and 231 of La Costa Vale Unit No.1
According to the Recorded Map therof No. 74
in the City of Carlsbad, State of California.
Form Approved
By City Council April 22, 1986
Reso. No. 9169 7
jI
QUALITY
ORIGINAL (S)
2 VIM ONE- RD
"lit 17
RS
Recorded Mall To: Space Below for Recorder's Use K
K -
COSTA LAND COMPANY -
4.1 Costa Del Mar Road A
Carlsbad,CaLifornia 92008
ATTN Burton L Kramer I
; K K 1. A
DECLARATION AND ESTABLISHMENT OF
PROTECTIVE CONDITIONS AND RESTRICTIONS 2
Lots 1 through 250
La Costa Vale Unit No 1
.4
THIS DECLARATION AND ESTABLISHMENT OF PROTECTIVE
CONDITIONS AND RESTRICTIONS made this 5thday of March
193 by LA COSTA LAND COMpAy. an Illinois crporatton c1y qua1.fed
and authorize.. to transact business in the State of California. hereinafter
referred n, as
W1.44E3s, rm
%vzthtf& Dtejivamt- i trtarn trait r lutnt
eCnti CUThrm mu d rtbedaM lIew
Lots 2 through 250. inclusive of Lz
Costa Vale Unit No 1 according to
Map No. 7457, filed in the Office of
the County Recorder of San Diego County,
California October 18, 1972, .'•
and r
WHEREAS it is the der ire and intention of Declarant to
sell the property described above, and to impose upon portions of It mutual
- - - -,.--
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?
beneficial restrictions for the benefit of all the land in that tract and the
future .owners of those lands. .... -
THEREFORE, know all men by these presents
- Declarant hereby declares that said lots, all parcels and
;k portions of said La Costa Vale Unit No. 1, except Lots 23, 249 and 250.
4eld.'and !i.e Ileidr and transferred, hypothecated, sold, conveyed
i3.and encumbered, leased, rented, used, occupied and improved. subject to
the covenants 1 conditions, restrictions, reservations, conditions subsequent
to reversion and charges as follows, all of which are declared and agreed to
. be in furtherance of a plan for the subdivision, improvement and sale of
said land and every part thereof. All of the limitations, restrictions.
conditions and covenants shall run with the land and shall be binding upon
all parties having or acquiring any right, title or interest in the described
land or any part thereof. -.
ARTICLE I
- PROPERTY SUBJECT TO THIS DECLARATION -
The property subject to this Declaration Is known as La
Costa Vale Unit No. 1, and.1s more part icular...described as:
. . .
Lots 1-22, and 24-248, inclusive of
Costa Vale Unit No I, ccording
to Map No. 7457, filed in the Office -
io tz.ofthe County Recorderof San Diego
- County, California,October 18 1972
• . ARTICLE 11
DEFINITION OF TERMS
1 "Lot" means one o- f the numbered parcels of real property
as shown on the map hereinabove referred to or any parcel or parcels into
1;
which said property, s split or shall be subdt Lded
2. "Said.Property":means the property described in Article
I, unless the context and circumstances otherwise require.
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3. "Set back" means the minimum distance between the
-dwelling building or other structure referred to and 's given street or line.
• 4. "Building Site" means a single lot as shown on said
map, or as shown on any future final subdivision map, or as shown on a
parcel consisting of contiguous portions of any two or more contiguous lots.
or 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" means any street, highway or other thoroughfare
shown on said map, whether designated thereon as street, avenue, boulevard,
place, drive, road, terrace, way, lane, circle or otherwise.
6. "R-1B Lotd'are those lots described above as Lots j-
22, 24-226. and 232-246, inclusive,
7. "R-2 Lots" are thosn lots described above as Lots 227-
231 and 247-248, inclusive.
ARTICLE III
USE OF PRO PER TY
1. No part of said property or any part thereof shall he sub-
divided, laid out or improved by buildings, or structures, or its physical
contours altered or changed, except with the approval of the Decla 'ant
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 appe ance of 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 Declarant and the written advice of the Architectural
Committee first had and obtained.
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. 3. Except for Lots 23, 249 and 250, said property 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 as to 'R-2 Lots" multip'e single family
' dwelling units with customary and suitable outbuildings as permitted by 31f M
law and the P "chitectural Committee may be allowed, provided that no
-
such R-2 Lot shall be occupied by more than one dwelling unit per 3 000
. .
k square feet
4 No horses, cattle cows goats sheep rabbits hares,
c4•i' . '&1f' drive, rnad U.-rra( I i t 1I
reptiles or other animals, pigeons pheasants, game birds or game or
other birds fowl or poultry shall 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 com-
mercial purposes or in unreasonable quantities and provided that they do
not become a nuisance to the owners of or occupants of said property. and
- --.
I 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 thereoi for or producing therefrom water,"oil gas or any mineral
/.1
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 offensiie trade or activity shall be carried
on upon said property
'of any part thereof nor shall any"" be done or
maintained thexeon which thy be or become annnayance or nuisance to
the neighborhood
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7. No television antenna or antennae or unsightly objects ;
poles or wires shall be permitted on the outside or 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,
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 easements and
:
rights-of-way are more particularly set forth in said map, or otherwise
of record.
R. Declarant hereby reserves the right to make any and all
cuts and fills on said property owned by it and on the building sites included
therein and to do such grading as in its judgment may be 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
I' Architectural Committee.
11 No utility area or drying yard shall be constructed or
maintained on the property unless a plan therefor shall be first submitted
to the Architectural Committee and the latter shall determine that such
plan appropriately provides for screening said area or yard from exterior
view. -
12. No residential buildings shall be constructed or maintained
'4
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_ • .- -. --
bn the property without suitable carport dr garage and off-street parking
spaces, the.size,.location,' color and design of which shall first be-:
pproved by the Architectural Committee. In: any event, each dwelling
bullding shall be provided with a minimum of permanently maintained off-
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 prcperty, and unless it is appropriately
screened from exterior view. The type of water softener-and a plan for. its
screening shall first be approved by said Architectural Committee before
installation.
14. Roofs shall bc of tile, shingles or shakes or .other matter,
a color and type approved by the Architectural Committee. provide
iowover, reekqeeFs shall not be &ulwed
ARTICLE IV
CHARACTER OF BUILDING
.1. No residential building maybe erected or maintained on
'. - --.•--- ....
any of said property except single family dwellings, with private appur-
tenant garages and customary outbuildings No building shall exceed more
than two stories in height or thirty-five feet in height whichever is less
except as to slope lots the Architectural Committee may waive said
requirements.
. ...... ................................ 2 No trailer outhouse garage shed tent, or any tern-
porary buildings of any kind shall be erected or maintained on any lot or
building site prior to the rectIon of the pzncipal dwelling building ther.ion
• provided however, that the conditions herein contained shal' not be construed
--
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to prevent the temporary construction and maintenance by Declarant or
its agent of buildings or improvements on said property deemed necessary
or convenient in the development of the subdivision provided however. the
Architectural Committee may grant temaorary revokable permits for the
cviw atbeWs or VJAw
improvements necessary in the construction of improvements on said
A 4-
3 The work of constructing any reai& ice or building shall
be prosecuted diligently and continuously from the commencement thereof
until the same is completed. provided, however, no construction or repair
!T.--- work, except emergency repairs, shall be conducted on any Sunday. All
structuies 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 1900 square feet as to any
l-l-B Lot or 1500 square feet as to any R-2 lot without the orior written
-permission of the Architectural Committee. No dwelling unit of any
residentia1 ,uilding 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 and garages of less
than 1000 sq ire feet without the prior written permission of the Architectural
Committee.
5. No building erected or constructed elsewhere shall be
- moved onto any lot or building site without the prior written approval of the
• Architectural Committee.
6. No living trailer, house car or "camps ter", boat or boat
trailer shall be parked on any road or building site either temporarily or
- permanently, or shall any such motor vehicle not capable of being operated
be parked for longer than forty-eight '48) hours outside of a garage on any
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'street lot or building site Other than customary maintenance work and
4tminor emergency repairs, there shall be no painting, repairing or
I - 44mechanica1' work done'on 'any -motor' vehicle on any , street, residential lot '-
building site -
7 Declarant shall have the right at all times to enter on or
Mi on any lot or building site that Is vacant or unpianted or untenanted by the
owners thereof or the slope portion thereof at any time after reasonable
AW- notice to the owners thereof, and to plant or replant, trim cut back
replace and/or maintain hedges, tree., 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
buUdingsites of said property. and Declarant or any officer or agent thereof.
'sha3l not thereby be deemed guilty of any manner of'trespass. Except as
to the slope portion thereof when the owner of a parcel or lot so planted
or maintained by Declarant shall give written notice to Declarant of his
' . intentions to Improve the bame within thirty (30) days "Declarant tnay within
thirty (30) days and thereafter until work on said improvements is corn-
menced transplant remove or dispose of any or all of the planting which
may have been made by it. 0
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ARTICLE V --
FENCES - --
1. No fence, wall, hedge or coping shall be erected nearer
....... . ' 0.--'.0 '
the front lot lire than the front line of any dwelling or which shall have a
4r greater height than six (8) 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 pri -or written approval of . .........
the Architectural Committee Because of the topography of the land such MA
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matters as the obstruction of the view, elevation, height, architectural - -- - - -
style and materials are of importance to all of the prospective owners of
lots in the subdivision, and therefore, for the protection of all owners, the
prioi written consent of the Architectural Committee is required
ARTICLE VI
SETBACKS
• 1. As to any B-lB lot, no building within said tract, except
detached garages or other outbuildings located at the rear of the main
( building shall be located nearer than a distance equal to ten percent (10 016)
JV
of the available width of the lot to any side lot line, or a minimum of ten
percent (1001.) of said average width from the toe of the slope if one exists •0
and provided the slope is no greater than two to one.
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
eighteen (18) inches into the side setbacks referred to in this article The
Architectural Committee may grant exceptions and variations from the ,
• provisions of 'his article.
ARTICLE LI
SIGNS AND ADVERTISING
1 No signs or other advertising device of any character
shau 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 for sale or rent,
may be erected and maintained (b) Declarant or Its agents may erect and
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}Z'maintain on said property such signs and other advertising devices as it
may deem necessary or proper in connection with the con duct of its opera-
s for the development, Improvement, subdivision or sale of said property.
2. As to any lot or lots, wherein in order to sell any
interests therein the owner must secure from the California Division of
Real Estate a subdivision report, the owner or its agents shall submit to
Declarant for its written approval all advertising material including
-
brochures, radio or TV scripts. If the Declarant shall not have given
written notice of disapproval of such advertising by certified mail within
ten (10) days of receipt thereof such advertising material etc shall be
deemed approved Declarant shall not unreasonably withhold such approval
,. ...,...-,- ..
Qi " i " ARTICLE VIII -
APPROVAL OF PLANS
I No building fence wall pole or other structure shall be
erected, constructed, altered or maintained upon any portion of said property.
inless complete set if plans and ipeeificattois therefor including the
- exterior color scheme with a block plan indicat .ig the exact location on the
building site and a complete landscaping plan, shall have been submitted to
- and approved in writing by the Architectural Committee as hereinafter set
foitii, di "shall. anybiiilding ereéted"ór iiohtructed elséwherébe:mived
orito any- bu ilding 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.
desigi, ,appearance or ,location .of the proposed structure or structures, or
At the time the building plans and specifications shall be
.1
submitted to the Architectural Committee for its approval, the applicant
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shall pay a filing fee of Fifty Dollars ($50 00) for each plan submitted for
each B-1B dwelling and One Hundred Dollars ($100 00) for each R-2
building plus Three Dollars ($3 00) for each iwuig unit in said fl-2 building
in excess of two, there shall be no additional fee payable in the event the
building shall occupy more than one lot In the event the same plan is sub-
mitted for more than one building the Architectural Committee may refund
a portion of said charge commensurate with the time saved in reviewing said
multiple plane.
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 be deemed to be a waiver by the Archite.tural Committe of its rights
to object to any of the features 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
set out herein as to location or otherwise.
4. If after such plans and specifications have been approved,
the buildin, wall, fence, or other structures shall be altered, erected or
maintained upon the building site otherwise then 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
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any subject to the jurisdiction of the Architectural Committee property
as to its maintenance or improvements in compliance with the provision
hereof and the Architectural Committee or any agent thereof shall not
1rL• •'i -
thereby be deemed guilty of, or become liable for, any manner oftrespas
for such entry or inspection The Architectural Committee may issue a
certificate of completion and compliance as to any property so inspected
G 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 who shall be appointed by the undersigned Declarant Such
Committee shall appoint a Secretary who may be one of the members of the
Committee.
8. Until such time as is hereinafter provided. Declarant
have full to remove any member of said Architectural Committee shall power
and to make appointments to fill any vacancies in the membership thereof.
Any. written instruments of appointment or removal duly
Declarant may be filed with the County Recorder of San Diego County, and
such recordation shall impart to all persons of the matters therein set forth.
9. The written approval of the Architectural Committee made
by the Secretary of the Architectural Committee shall constitute an approval.
If said Architectural Committee fails to approve orrejèct ny plans' and/or
specifications have been submitted to it within thirty (30) days after sub-
mission to the Architectural Committee, then no approval shall be necessay.
If no action shall be filed or notice of rejection recorded by or on behalf of '-
said Architectural Cnmittee within thirty '30) days after iotic&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
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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 thepowers 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
L'
the majority of the property owners or in an association of property owners
f 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 otherwise
12. For the purpose of making a search upon, or guaranteeing
or insuring title to, or any lien on or interest in any lot or parcel of said
property and for the purpose of protecting purchasers and encumbrancers
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 shill be prima facie evidence as to all matters shown by such
records and the issuance of a certificate of completion and compliance by
the Architectural Committee showing that the plans and specifications for
. the improvements or any other matters herein provided for or authorized
have been approved and that said improvements have been made in accordance
therewith shall be prh ia facie evidence and shall fully justify and protect
any title company or persons certifying guaranteeing or insuring said
title, or any liar' thereon or any interest therein and shall also fully
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rotect any purchaser or encumbrancer in good faith and for value in
ctlng thereon, as to all matters within the jurisdiction of the Architectural
ommittee. -- -.---.
-•;:-'I .:..
I
ARTICLE IX
r: CONSTRUCTION OF CONDITIONS AND RESTRICTIONS
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 ?: the provisions d 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.
ARTICLE
SCOPE AND DURATION OF CONDITIONS,
RESTRICTIONS AND CHARGES
All of the conditions, restrictions and charges set forth in
:thi8 Declaration are imposed upon said property for the direct benefit
thereof and of the owners thereof as part of the general plan of improvements
èvélopnient, building,occupatiOn arid maintenance hei'eby,-ànd said "
ditIons; resrIctions and charges shall run with -the lAnd and continue
• to be In full forceánd effect until January 1, 1990; at which time said
conditions, restrictions and charges shall be automatically extended for
.succejve périodsof ten (10) years unless bya vote of a majority of the •.-- .. ..
owners of record of building sites it is agreed to change said cunditióñs. •
éhages in whole or part by an instrument in writing, -
-Signed by said owners, which shall be acknowledged by them so as to entitle
it -tóbe rèèor'ckd in th&Officeof the Recorder of the County o1 San Diego, j --
14
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90 IS
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
fj Jsite therein, provided further, that upon issuance of a California Division
of Real Estate's Public Report for a statutory condominium or planned unit
deelopment and the filing for recordation of a Notice of Completion thereof,
provisions of Article VIII and paragraphs 1, 3. 10, 11 and 12 of
Article III shall be of no further effect as to any part of said property
' referred to in said report 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
Provided, further, as to ots 1 through 10. 108 through 209.
219 through 225 and 232 through 246 the owner thereof shall file and
3 j4 record additional Covenants Conditions and Restrictions which shall cover
said lots and which shall be approved and executed by Dc clarant and which
provide that they may be enforced by the remaining owner or owners
of-the subject property, then the provisions of this Declaration and Establish-
rnent of protective Conditions and Restrictions shall be of no further effect
as to any part of such lots so covered and described in said Additional
Covenants Conditions and Restrictions and Declarant its successors or
assigns shall c'c'cute and deliver any documents necessary to carry this
provision into effect Declarant shall not unreasonably withhold its
approval of said additional Covenants Conditions and Restrictions
ARTICLE XI --.
EFFECT OF BREACH OF CONDITIONS AND RESTRICTIONS
The cc' idittons, restrictions and covenants hereby established
shall operate as cc venants running with the land and further, Declarant
and/or the owner or owners of any lot or lots including any bona fide pur-
chaser under contract in the event of a breach of any of said restrictions
-----
-:
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ondittons and covenants 'ora èontlnuance of any such breach, may bring
approprIate legal proceedings, take steps to enjoin, abate or remedy the
t ' ':' ' •-'
-. .
Provided, however, that a breach of the foregoing conditions
nd restrictions shall not affect or render invalid the lien of any mortgage
' .r ....' ....- . .... ......
or. deed of trust made for value which may be then a lien, or become a lien
-. ......';. . - ..........-
upon said property, but such conditions and restrictions shall be binding t'pon
nd effective against any owner, and heirs, devisees, executors, adminis-
trators, successors and assigns of any owner, whose title is acquired under
ánd. through any such mortgage or deed of trust by foreclosure. Trustee's
ialè'or otherwise.
ARTICLE XII
RIGHT TO ENFORCE
I • The provisions contained in this Declaration shall bind
inure, to ;the benefit of and be:.nforceable by Declarant, its successors
orassigns. or the owners of any portion of said property, or their and each
of their legal representatives, heirs, successors or assigns and the failure
enforce any of such conditions, restrictions or covenants herein contained
:'.shail,njp a wave,of, the.right todoso 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
or parties in such amount as may be fixed by the Court in such proceeding.
:ARTIC'XII1 JIL
- . . - ., .- -.... ,.....
Al 'AMENDMENT
- Tht Declaration or any part thereof may be amended or
supplemented by an instrument in writing subscribed by not less than sixty-
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1007
4.s ix, and two-thirds percent (66 2/3%) of the owners of the property and
filed for record in the office of the County Recorder of San Diego County.
- IN WITNESS WHEREOF, LA COSTA LAND COMPANY,
a corporation, has caused its corporate name to be hereunto subscribed
by its officers thereunto duly authorized and its corporate seat affixed as
of the day and year first above written.
LA COSTA LAND COMPANY
an Illinois corporation
BY
Vice-President
By______________
Ass't Secretary
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO
On March 5, 1973 before me the
undersigned, a Notary public in and for saici state, personally app d Burton L. Kramer • known to me to be thSPresident.
: and Elaine Thomas ,known to me to be the
• Ass 't Secretary of the corporation that executed
• The within instrument, known to me to beThe persons who executed the
within Instrument on behalf of the corporation therein named, and acknow-
ledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
and said
1
OFFCAL SEAt.
SONDRA K. MUTER
Notary Public in for
County and State -
NOtARY PUSL.C.CAIj?oseiIA Sondra K. Mute::
MN OEOO COUNtY
N
41U fUtIMPE H. - - -
'570 U 1?3
CII WHENRECORAt1TO
oit3tDIoutSf or
La Costa LWj domomi IUL b II 43iM'fJ
* 's. 4&jtsnflon: Burton L Kramer
Costa Del Mar Rood SA14 DIEGOEOJhTt.I!LI,
Carlsbad, CaliFornia 92008 Space Below for IlecM)4)
X
x
X $6OQ
y
A
- x x
x
X x x. . .
AMENDMENT TO
DECLARATION AND ESTABLISHMENT OF
PROTECTIVE CONDITIONS AND RESTRICTIONS
La Costa Vale Unit No. 1
This Amendment, made this .2 Lday of .lune, 1973, by
LA COSTA LAND COMPANY, an Illinois corporation, herein "IRelaran(°'.
VITNESSETII:
WHEREAS. Declarant as owner, recorded that t'ertntn
DECLARATION AND ESTABLISHMENT OF P11OTECTIVI (X)NDITIONS
AND RESTRICTIONS. In the Office of the County Recorder (if Sun I)lego.
('n,,ntv California on April 11. 1973. as Vile No. 73-095442, herein the
'Declaration' which affects the following destribed real proper (V
Lots 1-22, and 24-248, inclusive of
l.a Costa Vale Unit No. 1, according Vol - . . . to Map No. 7457, filed in the Offier
of the County Recorder of San Diego County, California. October 18, 1972.
WhEREAS, Declarant is the owner of Lots 227 through
231 inclusive and Lots 247 and 248 of said l.a Costa Vale l'nit No. 1, herein
Tx the "R-2 Lots";
Vl!EREAS. Declarant desires to clarify said (T& Its as they
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0 apply to saiI-2 Lots,
NOW, ThEREFO1IE, KNOW'ALL MEN BY ThESE 1 111F.SFNTSt
Declarant hereby declares that said 11-2 Lots are held, and
shall be held, and transferred hypothecated4 sold, conveyed and eneum-
• . bored, leased, rented, used, occupied and improved, subject to the
CC&lls and the following provisions, all of which are declared and agreed
to be In furtherance of a plan for the subdivision improvement and salt of
said land described in said "C.&fls'. All of the provisions hereof shall
run with the land and shall be binding upon all parties hating or acquired
.. any right, title or interest in said '11-2 Lots" or any part theretA
A. Article Ill, Paragraph 3 of said CC& H's to the
.. . ..
contrary notwithstanding the following described 'R-2 Lots" shalt not lit
,,ar.re than the number of dwelling units set opposite each of
• said Lots, to wit:
Lot 22 18 dwelling units
Lot 228 15 dwelling units
Lot 229 16 dwelling units;
Lot 230 15 dwelling units;
Lot 231 15 dwelling units;
l:. ... Lot 247 10 dwelling units
Oak
.:, : . • . Lot 248 12 dwelling units
—B .--The provisions contained in this Declaration Ins ttion shall
.. bind and inure to the benefit of and be enforceable by l)eclftraflt, its
successors or assigns, or the owner of any portion of said property, or
...
.
-their and each oftheir legal representatives, heirs, successors or ss.igno.
IN WITNESS WIIEI1EOi, LA COSTA LAND (i)MI'ANV.
a corporation, has caused. its corporate name to be hereunto subscribed
by its officers thereunto duly authorized and its corporate seal affixed as
•
OFFIOAL SEAL.
SONDRA K. MUTER
MOIUI PUBLIC V*tW*r*
J ¶j,VJ INCIPAI 0,""W1
JAN 04(00 COUfItY
Comsssion £'pkes Decmbr 19.1976
Notary Public in and for said
County and State
Sondrak. Muter
• /;•. ::i.: •
gra
Q Ilk=
•
the day and year first above written.
LA COSTA LAND COMPANY - an Illinois corporation
By áa.414 L.
V74
Assistant Secretary
: STATE OF CALIFORNIA
) 53
COUNTY OF SAN DIEGO
On June 27, , 1973, before me the under
.signed, a Notary Public in and for said State, personally appeared
Burton L. Kramer known to me to be the Vice
President. and Elaine Thomas known to me to be
Assistant Secretary of the corporation that
executed the within instrument, known to me to be the persons who
executed the within instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the within instru-
ment pursuant to its bylaws or a resolution of its Board of Directors
2 ,17 J s...
WITNESS my hand and official seal.
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73 187093
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PAR DEE CONSTRUCTION COMPANY, a Califor corporation
q i11L,
O.nef'.f Lots 1 toi inclusive, jots IOU to
.. . ..... Incibsive, Lots 21 to 225Incluslve,
Lots 232 to 246 inclusive of La Costa Vale
Unit No. 1
STATE OF CALIFORNIA
. .
COUNTY OF SAN DIEGO
: On July 3 , 1973, before me, the
undersigned, a Notary Public in and for said State, personally appeared
.1 Doug).as Pardee • known to me to be the Exec. Vice PresidenI, and Rosemary Bennett • known to me to be the Assistant Secretpry of the corporation that
executed the wIthLn Lnstrument. known to me to be the persons who
executed the within instrument on behalf of the corporation therein named,
-: and acknowledged to me that such corporation executed the within instru-
ment pursuant to its bylaws or a resolution of its Board of Directors.
WITNESS my hand and official, seal.
aell. Iry
County and State
LOS ANGUM cou#11y ', Cw,wSo" Evine M.y It 1971
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