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