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
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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