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HomeMy WebLinkAboutMS 98-11; Carlsbad Corporate Center; Minor Subdivision (MS)OCT 19 '99 12:56 T0-*tt07955»17604380894 FROM-PHJW OC T-264 P.02/04 F-545 OOO PEACWTREE SIT., N,E,, 5TC. 54OO ATLANTA, aeORQlA 3O3OS-S222 TELEPHONE I4O4> 8IE-E4OO TOWEH 43 25 OLD BROAD STREET LONDON ECSN IHO TELEPHONE 44 (l?l) S6:!!-4OOC! B5O SOUTH n-OWER STREET O?i AN^ELCS. CALiroRNIA ^C1O7I"=37IYCLEOHONE (ei3) ees-sooo 399 PARK AVENUE NEW YORK, NEW YOttK tOC*i!:;-4(ifl>7 TELEPHONE <£^l 3I3-6OOO LAW OFFICES OF PAUL. HASTINGS, JANOFSKY & WALKER LLP 695 TOWN CENTER DRIVE COSTA MESA. CALIFORNIA S2S2S TELEPHONE (71*1 OOS-OSOO FACSIMILE <7I4) 078-IO2I INTERNET P. HASTINGS HaiO-19O6t COUNSEL LCC G. PAUU NAAO S. JANOl^SKY NAtaLC^ M. WALKER CALFFORNIA STREET lO^iH ^fASMINCSTON BOULEVARD STAMFORD, CONNECTICUT O69OI-2EI7 TCLCPHONE (2O3I 96I-74QO ARK MORI B IE-3Z. AKASAKA I-CHOME MINATO-KU. TOKYO IO7, JAPAN TELEPHONE (OS] 3BOO-V7II 99 PENNSYLVANIA ftVENUE, N.W WRITER'S DIRECT ACCESS (714)668-6236 jfsimonis@phjw.com VIA FACSIMILE Van Lynch Associate Planner City of Carlsbad 2075 Las Palmas Carlsbad, California 92009-1576 October 19,1999 OUR FILE NO. 31077,98715 Re: Carlsbad Corporate Center (Minor Subdivision 98-11) Declaration of Covenants. Conditions and Restrictions Dear Mr. Lynch: Attached please find a proposed changed page to the Declaration of Covenants, Conditions and Restrictions for Carlsbad Corporate Center, which I forwarded to you under cover of my October 15,1999 letter. We are suggesting adding the new Section 12.14 to clarify that the provisions which have been added to address entitlement conditions will constitute "covenants of easements" and be subject to the applicable provisions of the California Government Code and Carlsbad Municipal Code. Hopefully, this will address the City Attorney's concern regarding the preservation of the easements. If you have any questions, please feel free to call me. If the proposed revision addresses the City's concern/we can have the CC&R's promptly executed and forwarded to the City so as not to further delay the recordation of the final Map and the issuance of building permits for the Center. Very truly yours, JFS:pal Attachment Jojn/F, Simonis for PAUL, HASTINGS, JANOFSKY & WALKER LLP OCT 19'99 12:57 TO-M07955I17604380894 FROM-PHJW OC T-264 P.03/04 F-545 PAUL, HASTINGS. JANOFSKT & WALKER LLP Van Lynch October 19,1999 Page 2 cc: Bob Wojcik (all with attachment) Rich Rudolf, Esq. Jane Mobaldi, Esq. John Dobrott OCT 19 '99 12:57 TO-W7955I1 7604380894 FROM-PHJW OC T-264 P, 04/04 F-545 set forth in this Article, shall be determined pursuant to judicial reference to be conducted in San Diego County, as more specifically set forth in Section 11.2 of this Declaration. 12.13 Amendment of this Article. Prior to the sale of a Parcel in the Properties, or the sale of Parcel D of Parcel Map No. , the terms and provisions of this Article 12 may be modified, amended or restated by an instrument executed by Declarant and recorded in the Office of the County Recorder of San Diego County. At any time subsequent to the conveyance of a Parcel in the Properties to an Owner (other than Declarant or Declarant's affiliate), or the sale of Parcel D of Parcel Map No. , this Article shall not be amended without the prior written consent of the Owner of Parcel D, which consent shall not be unreasonably withheld. 12.14 Covenants of Easement for Benefit of City. It is acknowledged and agreedthatthccovenant3andeasementssetforthinSections2.il, 12.2(b)712.7,12.8 and 12.11 arc covenants of easements for the purpose of satisfying conditions to the issuance of Site Development Permit No. SDP 97-08, as more fully described in Section 1.18(a) above., and the conditions of map approval dated June 1,1999 for Minor Subdivision No. 98-11. The foregoing covenants of easement are created pursuant to, and are subject to, the provisions of Section 65870 et seq. of the California Government Code and Section 20.04.140 of the City of Carlsbad Municipal Code. This Declaration is made this day of __ _, 19 be effective upon its recordation in the Official Records of San Diego County, California. "DECLARANT" MSGW CALIFORNIA II, L.L.C., a Delaware limited liability company By: Its: to A/tVt<Authorized Representative IOI9W1 |:52/M38525-004/1 13206,3 47