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Home My WebLink AboutCT 99-10; Buerger; Tentative Map (CT) (18)City of Carlsbad Planning Department August 24, 2007 Al Memmolo Verona Pointe Homeowners Association c/o Lindsay Management Company 7720 El Camino Real Carlsbad CA 92009 SUBJECT: CT99-10-CC&R FIRST AMENDMENT Dear Mr. Memmolo: The City has reviewed and approves of the proposed first amendment to the Verona Pointe CC&Rs, CT 99-10. Once the amendment has been recorded, please provide a recorded copy to our office for our files. Thank you for your cooperation in this matter. If you have any questions or need further assistance, please contact me at (760) 602-4613. Sincerely, VAN LYNCH Senior Planner c:file 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 » www.ci.carlsbad.ca.us Recording Requested By And When Recorded Return To: Verona Pointe Homeowners Assn. c/o Lindsay Management Company 7720 El Camino Real, Suite 2-A Carlsbad, CA 92009 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VERONA POINTE PLANNED RESIDENTIAL DEVELOPMENT This Document amends that certain Declaration of Restrictions of Verona Pointe Planned Residential Development ("Declaration") recorded March 5,2004 as Document No. 2004-0182870, in the Office of the County Recorder of San Diego County, California, affecting real property described as Lots 1 though 13, inclusive, of Carlsbad Tract No. CT 99-10, in the City of Carlsbad, County of San Diego, California, according to Map thereof No. 14518, filed in the office of the San Diego County Recorder on December 20,2002, as follows: Article VIII, section 8.18 F, is amended to read, in its entirety, as follows (added language in bold italics print): Landscape Maintenance Responsibilities. The Homeowners Association's and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibits "F" through "I," inclusive, of the Landscape Maintenance Plan on file at the City of Carlsbad Planning Department, as may be modified by this section 8.18F. The common maintenance responsibility of the Association includes open space (Lot 13) and some perimeter manufactured slopes as shown on the Landscape Maintenance Plan, Exhibit "G," on file at the City of Carlsbad Planning Department, but excluding the slopes on Lots 7 through 10, which shall be maintained by the owners of those Lots. Relinquishing maintenance responsibility of Homeowners Association maintained lots and/or slopes, to individual property owners shall be prohibited. The following restriction shall apply for Lots 7 through 10, inclusive. The landscape design shall incorporate fire protective landscaping for defensible space purposes at the rear of Lots 7 through 10, inclusive, for fire protection purposes in accordance with the final Landscape Plan on file at the City of Carlsbad Planning Department. Fire protective landscaping shall exist from the rear property line to a point no closer than twenty (20) feet from the house. Landscaping in this defensible space zone shall consist of ornamental ground cover plans which will not contribute to fire spread. Landscaping shall be irrigated and maintained free of hazard by the Lot Owner. No structures shall be placed in the defensible space at the rear (east) side of Lots 7 through 10, and no encroachment of any kind shall be permitted in the defensible space except as may be approved by the City of Carlsbad. Unless the City of Carlsbad assumes some or all of the responsibility, the Association shall maintain and repair that certain ten foot (10') wide drainage easement leading from Surf Crest Street across Lot 10, including the rip-rap energy dissipator. The Board shall have the authority, -1- with the agreement of the owner of Lot 10, to relocate said easement or abandon or terminate said easement in the event it is no longer necessary for its intended purpose. The plants listed on the City of Carlsbad HMP List of Invasive Exotic Species attached hereto as Exhibit "C," as that list may from time to time be modified by the City of Carlsbad, shall not be planted or maintained upon any Lot or within the Project except with the written approval of the City of Carlsbad. Article VIII, section 8.18 J, is amended to read, in its entirety, as follows (added language in bold italics print): Cross-Lot Drainage. Each Owner of a Lot within the Project covenants for himself, his heirs, successors and assigns, that he will not restrict, impede, divert or otherwise alter the cross-lot drainage flows as shown on the Map or as originally established by Declarant in any manner that will result in damage to underlying and adjacent properties or result in the creation of a public nuisance. No new surface drainage may be directed into the adjacent habitat preserve. Drainage flows for all new construction shall be adequately labeled on building plans. A new Article VIII, section 8.18 K is added to read as follows (added language in bold italics print): Lighting / Perimeter Fencing. All lighting within the Project shall be shielded and directed away from adjacent habitat and residential areas. Perimeter fencing shall be installed and maintained so as to prevent entry from the Project and the Lots into the open space habitat area. Each Owner shall maintain that portion of the perimeter fence located upon his or her Lot to the standards and specifications of the Association. A "perimeter fence" is defined as the fence located on or adjacent to a Lot boundary line separating a Lot from adjacent habitat preserve area or any area that is not a part of the Project or, if no fence is located on such boundary line of the Lot, then the fence on the Lot nearest such boundary line. Except as so amended, the Declaration shall remain unchanged. -2- CERTIFICATION of AMENDMENT The undersigned, being the duly elected President of the VERONA POINTE HOMEOWNERS ASSOCIATION, hereby certifies that the foregoing First Amendment to Declaration of Restrictions of Verona Pointe Planned Residential Development ("Declaration") hereby certifies as follows: 1. A vote of the members of the Verona Pointe Homeowners Association was conducted on the question of amending the Declaration by secret written ballot in accordance with the procedures specified by California Civil Code section 1363.03. 2. Article VIII, section 8.04 of the Declaration provides that amendments to the Declaration require the affirmative vote of a majority of the total voting power of the association and section 8.05 provides that certain material amendments to the Declaration require the affirmative vote of sixty-seven percent (67%) of the total voting power of the association. 3. In excess of sixty-seven percent (67%) of the total voting power of the association voted to approve the amendments set forth in the foregoing First Amendment to the Declaration. 4. Article VIII, section 8.18 B of the Declaration provides that a copy of any amendment to the Declaration shall be provided to the City in advance. A copy of the foregoing was submitted to the City, and the City, by letter dated August , 2007, advised the Association that the City would not exercise its right to disapprove any of the amendments set forth in the foregoing First Amendment to the Declaration. 5. Article VIII, section 8.05 D, additionally provides that certain material amendments to the Declaration must also be approved by at least fifty-one percent (51 %) of eligible mortgage holders holding mortgages on lots which have at least 51% of the votes of the lots subject to eligible holder mortgages. In excess of the required number of eligible mortgage holders have approved the amendments set forth in the foregoing First Amendment to the Declaration. Alvin Memmolo, President Verona Pointe Homeowners Association STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On _, before me,_, a Notary Public in and for said State, personally appeared Alvin Memmolo, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State