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HomeMy WebLinkAboutPIP 87-03A; Palomar Oaks; Planned Industrial Permit (PIP) (3)TELEPHONE (619) 546-4772 MICHAEL E. STERES ATTORNEY AT LAW THE PLAZA AT LA JOLLA VILLAGE 4370 LA JOLLA VILLAGE DRIVE, SUITE 600 SAN DIEGO. CALIFORNIA 92122-1233 March 21, 1991 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Palomar Oaks Technology Park Gentlemen: TELECOPIER (619) 457-7802 I represent Madison Square Development 11, owner. of the Palomar Oaks Technology Park (the "Park") located in the City of Carlsbad. It is my understanding that you have expressed concern regarding the existence of adequate provisions for maintenance, ingress and egress within the Park. I have reviewed the documents relating to those items and believe that adequate provisions exist as more fully set forth below: On July 15, 1988, my client's predecessor in interest recorded that certain "Supplement And Restatement of Declaration Of Covenants, Conditions And Restrictions and Reservation of Easements For Met Birtcher-Palomar Oaks" as document No. 83-242801 in the Official Records of San Diego County. The principle obligation for maintenance of the common areas (including landscaping, street and drainage improvements and similar matters) are set forth in Article VI11 of the CC&R's (copy enclosed) which clearly provides that the Owners' Association established by the CC&R's has the obligation for maintaining such items. In particular, I invite your attention to Section 8.l(b) which provides the general obligation for maintenance, and Section 8.6(a) which specifically requires that the Association assumes the Developer's obligation for agreements with the City of Carlsbad regarding drainage and similar matters. As set forth therein, Section 8.6(a) specifically gives the City of Carlsbad the authority to enforce this maintenance obligation. The Developer and/or Owner of the various lots in the Park are obligated to pay assessments to the Association to allow it to carry out its duties with regard to maintenance. This obligation City of Carlsbad March 21, 1991 Page 2 is set forth in Article IV (copy enclosed) which provides for the assessments themselves and Article V (copy enclosed) which allows the establishment of a lien and the foreclosure thereof in the event of nonpayment. Finally, with respect to ingress and egress, your attention is invitedto Section 14.4(c) (copy enclosed) wherein the Declarant expressly reserved to itself with the right, and the obligation to transfer the same to purchasers of the lots in the Park, "reciprocal, nonexclusive easements for access, ingress and egress over all of the common areas." The express purpose of such easement was, among other things, to allow "vehicular access, drainage and such other purposes reasonably necessary for use and enjoyment of any Lot. (I I believe that the CC&R's adequately provide for maintenance of the common areas and common area improvements as well as ingress and egress throughout the project without regard to lot lines. If you have any questions regarding any of the above, please feel free to call on me. Very truly yours, </V& Michael E. Steres MES3252 cc: Madison Square Development I1