HomeMy WebLinkAboutPIP 93-03; Knorr's Beeswax; Planned Industrial Permit (PIP) (10)RECORDING REOUESTED BY F^^Mc/e./lS
AND WHEN RECORDED, HAIL TOt
CARLSBAD AIRPORT CENTRE
2204 Garnet Avenue, Suit* 102
San Dlego, California 92109
Attention: t4r. D«an Greenberg
SEP 12 AH II: 06
AR
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DECLARAllOll OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
CARLSBAO AIRPORT CENTRE
' SAN DIEGO COUNTY, CALIFORNIA
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Article
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TABLE OF CONTENTS
Title
DEFINITIONS 2
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY,
AND CREATION OF PROPERTY RIGHTS 4
2.1 Description ot Project 4
2.2 Division o£ Subject Property 4
2.3 No Separate Conveyance o£ Interests .. S
2.4 Annexation o£ Additional Parcels 5
2.5 De-Annexation of Parcels 6
ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND
VOTING RIGHTS 7
3.1 Association to Manage Comnon Area .... 7
3.2 Membership 7
3.3 Transferred Membership 7
3.4 Classes of Membership 7
3.5 Voting Requirements a
3.6 Commencement of Voting Rights 8
3.7 Membership Meetings 8
3.8 Board of Directors 8
MAINTEMAMCE AMD ASSESSMENTS 9
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4.1 Creation of thi Lien and Personal
Obligation of Assessments 9
4.2 Purpose of Assessments 9
4.3 Regular Assessiuents 9
4.4 Special Assessments 9
4.5 Capital Improvement Assessments 10
4.6 Rate of Assessment 10
4.7 Date of Commencement of Regular
Assessments and Fixing Thereof ....... 10
4.8 Certificate of Payment 10
4.9 Duties of thu Board 10
4. in F.xempt Property VI
4.11 Enforcement of Asseuaweni. ubiitjuLion,-
Priorities; Discipline 11
4.12 Payment of Taxes Assessed Against
Common Area or Personal property of
Association 11
4.13 Proration of Unsegregated Real
Property Taxes 11
4.14 Proration of Segregated Real Property
Taxes 12
4.15 Transfer of Unit 13
DUTIES AND POWERS OF THE ASSOCIATION 14
5.1 Duties and Powers 14
5.2 Maintenance of Project by
Association IS
5.3 Association Easements 15
5.4 Owner's Default. VS
UTILITIES 16
6.1 Owner's Rights and Duties 16
6.2 Easements for Litilities and
Maintenance 16
C.3 Association's ~'utles 16
ARCHITECTURAL CONTROL 17
7.1 Architectural Approval l""
7.2 Landscaping Approval I
7.3 Appointment Architectural Conmittee
I Page
Article Title No.
7.4 So Liability 17
7.5 notice of Noncompliance or
Honco^pletion 18
7.6 Rales and Regulations; Guidelines .... 18
7.7 Variances 18
7.8 Appointment and Designation 18
7.9 Review Pee and Address 18
7.10 Inspection 18
7.11 General Provisions 19
7.12 Honapplicability to original
Construction 19
8. USC RESTRICTIOMS 20
8.1 Penaltted Uses 20
8.2 .Ho Residential Use 20
8.3 Nuisances 20
8.4 oil Drilling and Mining 20
8.5 Antennas 20
8.6 Animals 20
8.7 Rubbish, Etc 20
8.8 Vehicular Storage and Parking;
Storage .......................... 21
8.9 Outdoor Activ.fties '.i' 21
8.10 Condition, of an Owner's Unit ......... 21
8.11 Liability of Owners for Damage 21
8.12 Maximum Sound Levels, Etc 21
8.13 Wastes 22
8.14 Billboards and Signs 22
8.15 Air Pollution Guidelines 22
8.16 other Operations and Uses 22
8.17 Loading Restrictions 22
8.18 Metal Structures 22
8.19 Screenin<j of Equipment 23
8.20 No Warranty of Enforceability 23
9. INSURANCE AMD iSTRUCTION OF IMPROVEMENTS 24
9.1 Insurance 24
9.2 Destruction of Improvements 25
9.3 Condemnation 25
10. MAIHTEtiAMCE BY UMIT OWNERS 27
10.1 Owner's Right an obligation tu
Maintain and Repair 27
10.2 Disputes 27
11. GENERAL PROVISIONS 28
11.1 Enforcement 28
11.2 Negligence and/or Willful Misconduct . 28
11.3 Severability 28
11.4 Ter« 28
11.5 Construction 28
I. 1.6 AMndments 28
II. 7 Mortgage Protection Clause 29
11.8 Singular includes Plural 29
11.9 Nuisance 29
1.10 Encroachment easements 29
11.11 Nonllabilitv of Officials 29
11.12 Owner's Easement of Enjoyment 29
11.13 Owner's Compliance 30
^1.14 Construction By Declarant 30
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DECLARATION OF
COVEMANTS, CONDITIONS AND RESTRICTIONS
CARLSBAO AIRPORT CENTRE
SAM DIEGO COUNTY. CALIFORNIA
THIS DECLARATIOH OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Declaration"), is aade on 50 - c/ , 19
, by CARLSBAO AIRPORT CENTRE, a California limited partnership
("Declarant") with reference to the following facts:
A. Declarant is the fee owner of that certain real
property located in the County of San Diego, State of
California, more particularly described on Exhibit A attached
hereto and made a part hereof, together with any additional real
property annexed thereto in the future under this Declaration
(the "Subject Property").
B. Declarant has developed and improved or is in the
process of developing and improving the Subject Property by
subdividing and constructing thereon certain improvements which
Declarant is marketing as a planned development according to the
uses set forth in Article 8 hereof.
C%M$ The developaent shall b= generally icnown as "CARLSUAD
AIRPORT (nSNTRE* and shall b« hereinafter referred to as the
"Project". Each Owner shall receive fee title to his individual
Lot and the improvements thereof (collectively the "Unit") as
well as a membership in CARLSBAO AIRPORT CbNTRb, Owners
Association, a California nonprofi*- mutual benefit corporation,
which corporation shall own fee title to and/or be responsible
for the Common Area (as such term is hereinafter defined).
D. Declarant intends by this document to inpose upon the
Subject Property autually beneficial restrictions under a
general plan of ioprovement for the benefit of all of the Units
and the Owners thereof.
Declarant hereby declares that the Subject Property and all
improvements erected thereon shall be held, convey<sd, mortgaged,
encumbered, leased, subleased, used, occupied, sold, assigned
and improved, subject to the following declarations,
limitations, covenants, conditions, restrictions, and easements,
all of which are for the purpose of enhancing and protecting the
value and attractiveness of the Subject Property and all
improvements erected thereon, arv] the Project, and every part
thereof, in accordance with the plan fov the improvement of the
Subject Property and the division thereof into a planned
development. All of the limitations, covenants, conditions,
restrictions, and easements shall constitute covenants which
shall run with the land and shall be perpetually binding upon
Declarant and its successors-in-interest and assigns, and all
parties having or acquiring any right, title, or interest in or
to any part of the Subject Property, and all improvements
erected thereon, or the Project.
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AJETICLE I
DEFINITIONS
1.1 "Articles" shall nean and refer to the Articles of
Incorporation of the Association as amended from time to time.
1.2 "Assessaent* shall aean and refer to that portion of
the cost of maintaining, improving, repairing, operating, and
managing the Subject Property and all improvements erected
thereon (except for Uiat part of each Owner's building as set
forth herein which shall be the Owner's responsibility which
assessment is to be paid by each Unit as determined by the
Association.
1.3 "Association" shall mean and refer to CARLSBAD
AIRPORT CENl'RE. OWNERS ASSOCIATION, a California Nonprofit
.Mutual benefit Corporation, the members of which shall be the
Owners uf Units in the Project.
1.4 "Board" or "Board of Directors" shall mean and refer
to the governing body of the Association.
1.5 "Building Element" shall mean and refer to the
building located upon any individually owned Lot in the Project.
1.6 "Bylaws* shall Mean and >.efer to the Bylaws of the
Association as amended from time to tim*.
1.7 "Common Area" shall r.iian and refer to all real
property tnd the improvements thereon, including, without
limitation, any private storm drain or sewer systems, retention
basins, p&rkways. entries, natural canyo.'i areas, all fill and
cut slopes adjacent to public streets. Special Landscaped Areas
(as defined in Article 5.1.1 hereof), internal private roadways
and parking areas, mxni-par<s, median strips, greenbelts,
private utilities, open space d j open space easements, trails,
bike paths and bike lanes, w l.^, signs, monuments and
appurtenances owned, leased, or to be maintained, from time to
time, by '.he Association for the common use and enjoyment of the
Members, ../hich shall be that certain property described on
Exhibit & attached hereto and made a part hereof. Any
additional property to be designated as ommon Area" shall be
conveyed to the Association and/or descn^ied or referenced
herein or in a Declaration of Annexation.
1.8 "coimon Expenses* shall mean and refer to the actual
and estimated expenses of operating the Common Area and the
Association and any reasonable reserve for such purposes as
found and detensined by the Board and all sums designated common
expenses by or pursuant to the Project Documents.
1.9 "Declarant" shall mean and refer to CARLSBAD AIRPORT
CENTRE, a California limited partnership, and its successors-in-
interest and assigns, but shall not include members of the
public purchasing completed Units.
1.10 "Declaration" shall mean and refer to this enabling
Declaration.
1.11 "Institutional Lender" shall mean and refer to any
bank, savings and loan association, insurance company, or ochur
financial institution holding a recorded first mortgage on any
Unit.
1.12 "Lilt" shall mean and refer to any particular parcel
•of land resulting £rora division of the Project according to
law. However, "Lot" shall not include real property owned by
the Association. "Lot" shall also mear any condominium.
1.13 -ll' shall 'noan and ie£er to Carlsbad Tract No. •S:-
46, Unit <o. I (or a portion thereof), being a subdivision cf a
portion of tot "G" of Rancho Aqua lledonia, in the County of Sac
Diego, State of California, according to map thereof No.
823, filed in '.he Office of the County Recorder of San
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Diego County, November 16, 1896; and subsequently recorded map,
filed in the County of San Diego, Office of the County Recorder
as Hap No. 11287, 11288 and 11289 on July 16, 1985. and all
amendments thereto, which cover the Subject property or a
portion thereof.
1.14 "Member" shall mean and refer to a person entitled to
membership in the Association as provided herein.
1.15 "Mortgage"
well as a mortgage.
shall mean and refer to a deed of trust as
1.16 "Mortgagee" shall mean and refer to the l>eneficiary
or a holder of a deed of trust as well as a mortgagee.
1.17 "Mortgagor" shall mean and vefer to the trustor of a
deed of trust as well as a mortgagor.
1.18 "Owner" or "Owners" shall mean and refer to the
record holder or holders of title of a Unit in the Project.
This shall exclude persons or entities having any interest
merely as security for the performance of any obligation.
1.19 "Person" shall mean and refer to a natural person, a
corporation, a partnership, a triistee, or other legal entity.
1.20 "Phase" shall mean aid refer to a particular parcel
of property which is or shall become part of the Project
pursuant to the recordation of an appropriate Declaration of
Annexation. The property described in Exhibit A to this
Declaration shall be deemed to be the first Phase of the Project
and any parcel annexed to the property described in Exhibit A
under a Declaration of Annexation shall be deemed to be a
subsequent Phase of the Proiect. Each of the divisions of land
as shown on Exhibit C attacned hereto and niade a part hereof
shall be subsequent Phases upon annexation.
1.21 "Project" shall mean and refer to the entire Subject
Property including all structures and improvements erected or to
be erected thereon.
1.2 2 "Project Documents" shall mean and refer to this
Declaration as it may be amended from time to time, the
exhibits, if any, attached hereto, the Map, the Articles and
Bylaws of the Association, and the rules and regulations for the
Members as established from time to time.
1.23 "Specific Plan" shall me<in, with regard to any Phase
within the Project, that certain "Specific Plan" of development
approved by the City of Carlsbad. A copy of any approved
Specific Plan is on file with the City of Cariabad.
1.24 "Subject Property" shall mean and refer to the real
property covered by this Declaration (including property annexed
pursuant to this Declaration), and all improvements erected
thereon and all property, real, personal, or mixed, intended tor
or used in connection with the Project.
1.25 "Tract" shall mean and refer to a portion of the
Subject Property or of a Phase for which a major sjbdivlsion map
is recorded.
1.26 "Unit" shall mean and refer collectively to the
elements of an individual Lot and the building in the planned
development, as defined in Article 2.
1.27 'Un4.t Uesignation" neara the number, letter, or
combination thereof or other otfific.; desig.iaf.iuti fhown on .'e
Map.
END OF ART ICI.t 1 EN TlTLtD
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ARTICLE 2
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DESCRIPTION OF PROJECT. DIVISION OF PROPERTY AND
CREATION OF PROPERTY RIGHTS
2.1 Description of Proiect
The Project consists of the underlying Subject
Property with the Units and all other improvements located or to
be located thereon, and includes all Phases annexed pursuant to
this Declaration.
2.2 Division off Subject Property
The Subject Property is hereby defined as follows:
2.2.1 Units
Each of the Units consists of an individually
owned Lot and al.l improvements including the Building Element
located thereon. Title to the Unit shall be held by thc Owner
thereof subject to the specific covenants, conditions and
restrictions set forth in this Declaration. Each Unit is
subject to such encroachments as may now exist or way be later
caused or created in any manner. In interpreting deeds and
plans, the then existing physical boundaries of a Unit, whether
in its original state or reconstructed in substantial accordance
With th« original plans thereof, shall be conclusively presumed
to be its boundaries rather than tii« boundaries expressed In tha
deed or plan, regardless of settling or lateral nuveawnt of th*
building and regardless of minor variance(s) between the
boundaries shown on the plan or deed, and those of the Building
Iement.
2.2.2 Common Area Lots and Comn>on Area
That portion of the Subject Property described
on attached Exhibit B shall be be "Common Area Lots", title to
which shall be held by the Association. The Common Area (which
includes, without limitation, the Common Area Lots and the
improvements i r.ereon) shall be operated and maintained by the
Association :..c the use and benefit of Owners of Units in the
Project, subject to reasonable rules and regulations enacted
according to the Bylaws. Unless otherwise restricted, each Unit
Owner may use the Common Area in accordance with the purposes
for which it is intended without hindering the exercise of or
encroaching upon the rights of any other Unit Owners. Declarant
shall reserve and hereby reserves in itself and its successors
and assigns, as well as in the Association and in all other
Owners, easements over and onto the Coiwnon Area and over and
onto the individual Lots up to the exterior perimeter walls of
each Building element for drainage and encroachment purposes and
for ingress to and egress from the Comiuon Area and such portions
of the individual Lots for the purpose of completing
improvements thereon or for the performance of necessary
maintenance, landscaping, and repair work, and for entry onto
adjacent property in connection with the development of
additional Phases of the Project. Declarant shall also reserve
and hereby reserves in itself and its successors and assigns,
for a five year period frosi the date of the initial recordation
of this Declaration in the Official Records of the San Oiego
County, California Recorder, a right to reasonably alter or
modify the size and boundaries of the Phase I Conunon .Area Lots
or other Common Area consistent with the proper development of
future Phases of the property described on attached Exhibits A,
B, and C .
2.3 No Separate Conveyance ot Interests
The foregoing interests and exclusive easements are
hereby establisned and ars to be conveyed only with the
respective Units, and cannot be changed, except as herein aut
forth. Declarant, its successors-in-interest, assigns and
grantees, coverant and agree that the easements in the ComnJU
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Area, the Lots, and the Units shall not be separated or
separately assigned or conveyed, and each such interest and
exclusive easeaent shall be deemed to be conveyed or encumbered
with its respective Unit even though the description in the
instrument of conveyance or encumbrance may refer cnly to the
title of the Unit.
2.4 Annexation of Additional Parcels
Additional parcels may be annexed to the Subject
Property and become subject to this Declaration by either of the
following methods:
2.4.1 Annexation Pursuant to Plan
The property described in EXHIBIT C, or any
portion thereof, may be annexed to and become a part of the
Project, subject to this Declaration, and subject to the
jurisdiction of the Association, without the assent of the
Association or its Members, on condition that:
2.4.1.1 Any annexation pursuant to this
Subarticle shall be niade prior to twenty-five (25) years from
date of the initial recordation of this Declaration in the
Official Records of the San Diego County, California Recorder.
2.4.1.2 A Dr.claration of Annexation shall
be recorded by Declarant covering the applicable portion of the
property to be annexed. Said Declaration shall incorporate this
Declaration by reference and may cot.tain such complementary
additions and isodifications of the covenants and restrictions
contained in this Declaratioti as may be necessary to reflect the
different character, if any, of the added property, and as are
not consistent with the scheme of this Declaration.
2.4.2 Annexation Pursuant to Approval
Upon the vote or written assent of Declarant
(while Declarant is an Owner) and of two-thirds (2/3) of the
total votes residing in Members of the Association other than
Declarant, the Owner of any property who desires to add it to
the scheme of this Declaration and to subject it to the
jurisdiction of the Association, may record a Declaration of
Annexation in the manner described in tha preceding Subarticle.
Upon annexation of a new Phase, the annexed parcel shall become
subject to this Declaration without the necessity of amending
individual sections hereof. The Owners of the Units in a
preexisting Phase will continue to have the same rights with
respect to the use of the Common Area located within their
Phase, and will have a non-exclusive easement for access,
ingress, and egress for pedestrian, cycle, and passenger and
delivery vehicle traffic, as well as for vehicular parking and
otherwise over and for reasonable use of the Common Area located
within the new Phase in accordance with the purposes for which
it is intended without hindering the exercise of or encroaching
upon he rights of any other Owners. Owners of Units in the new-
Phase will have a non-exclusive easement for access, ingress,
and egress for pedestrian, cycle, and passenger and delivery
vehicle traffic, as well as for vetiicular parking and otherwise
over and for reasonable use of any Conunon Area located within
the new Phase or within any preexisting Phase in accordance witli
the purposes for which it is intended without hindering the
exercise of or encroaching upon t.he rights or any other Owners
and will become Members of the Association. Declarant iiereby
reserves to itself, its successors and assigns, the right to,
and agrees that it will, grant tc the Owners of "Units in any .new
or pre-existing Phase, the non-exclusive easements for access,
ingress, egress, vehicular parking and otherwise, and reasonable
use as described in this paragraph. In addition. Declarant
shall reserve and hereby reserves in itself and in its
successors and assigns, as over and onto the Common Arud and
over and onto the individual Lots up to the exterior perimeter
walls of each Building Elemear in any new I'hase fcr iliaiiiaije and
encroacbiroi.f pai poses and fcr ingress to and eyress ftom t\\<2 •O
Common Area and such portions of the individual Lots for the
purpose of conpleting improvements thereon or for the
performance of necessary maintenance, landscaping, and repair
work, and for entry onto adjacent property in connection with
the development of additional Phases of the Project.
2.5 De-annexation of Parcels
Any parcel annexed to the Subject Property pursuant
to the plan of Declarant, in accordance with Subarticle 2.4.1
above, may be de-annexed by Declarant and removed from the
Project and the jurisdiction of this Declaration and the
Association at any time by the recordation of an appropriate
Declaration of De-annexation; provided that such de-annexation
shall take place (1) before any Unit in the annexed parcel has
been sold by Declarant to a member of the general public; (2)
before any vote has been exercised on behalf of or with respect
to any such Unit; and (3) before any such Unit has incurred any
assessment obligation to the Association.
ENU OF ARTICLE 2 ENTITLED
DESCRIITION OF PROJECT, DIVISION OF PROPERTY, AND
CREATION OF PROPERTY RIGHTS
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ARTICLE 3
ASSOCIATION. ADMINISTRATION. MEMBERSHIP AND VOTING RIGHTS
3.1 Association to Manage Common Area
The management of the Cononon Area shall be vested in
the Association in accordance with the Bylaws. The Owners of all
the Units covenant and agree that the administration of the
Project shall be in accordance with the provisions of this
Declaration, the Articles, the Bylaws, and the rules and
regulations of the Association, subject to the standards set
forth in this Declaration and all applicable laws, regulations
and ordinances of any governmental or quasi-governmental body or
agency having jurisdiction over the Project.
3.2 Membership
The Owner of a Unit shall automatically, upon
becoming the Owner of same, be a Member of the Association, and
shall remain a Member thereof until such time as his ownership
ceases for any reason, at which time his membership in the
Association shall automatically cease. Membership shall be in
accordance with the Articles and the Bylaws uf the Association
3 • 3 Transferred Membership
Membership in
transferred, pledged, or
transfer of ownership of
and then only to the new
transfer is void. In th
fail or refuse to transf
to the purchaser of his
right to tecord the tran
old men.bership outstandi
null and vi:id.
the Association shall not be
alienated in any way, except u[x>n the
the Unit to which it is appurtenant.
Owner. Any attempt to make such a
e event the Owner of any Unit should
er the membership registered in his name
Unit, the Association shall have the
sfer upon its books and thereupon the
ng in the name of the seller shall.be
'I
3.4 Classes of Membership
The Association shdll have two (2) classes of voting
membership established according to tbe folluwing provisions:
3.4.1 Class A Membership
Class A Members shall be all Members with the
exception of Declarant. Class A Members shall be entitled to
vote that fraction of one vote as is equal to the percentage
interest attributable to the Unit owned by such Owner as set
forth on the Percentage Interest Schedule attached hereto as
Exhibit D and by this reference made a part hereof or on an
appropriate exhibit to the Declaration of Annexation. (The
Percentage Interest Schedule has been determined by Declarant
approximating the square footage of each lot in the Subject
Property in relation to the square footages of all other lots in
the Subject Property. The percentage allocations are and shall
be binding on the Declarant and on all Owners. If the actual
square footages are more than three percent (3t) (plus or minus)
different than the approximated square footages, the Board shall
reconpute the Percentage Interest Schedule and the new Schedule
shall thereafter be binding on the Declarant and on all Owners.
In no event shall the Declarant or an Owner fail to pay its
assessments by reason of a disagreement with either the original
Schedule or the recomputed Schedule. If a Unit is owned by more
than one (1) person, each such person shall be a member of the
Association, but they shall collectively have no more than the
fraction of one vote so allocated to their Unit.
3.4.2 Class B Membership
The Class B Member shall be Declarant. The
Class B meinLer shall be entitled to ten (10) times the Exhibit I)
fraction of .)ne vote otherwise ellocated to each Unit owned by
Declarant, provided that the Class H membership sholl ^ease arc: ^
be converted to Class A membership on the happening of the j
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earlier of the following events:
3.4.2.1 When the total votes outstanding in
the Class A membership equals the total votes outstanding in the
Class B membership.
3.4.2.2
years from the date hereof.
The expiration of twenty-five (25)
3.5 Voting Requirements
While there are two (2) outstanding classes of
membership, any action by the Association which must have the
approval of the Association membership before being undertaken
shall require the vote or written assent of the prescribed
percentage of each class of membership.
3.6 Commencement of Voting Rights
Voting rights attributable to any Unit shall not vest
until an assessment has been levied against that Unit by the
Association, pursuant to Article 4, below.
3.7 Membership Meetings
Regular and special me'.lngs oC members of the
Association shall be held with the frequency, at the time and
place, and in accordance with the provisions of the Bylaws of
the Association.
3.8 Board of Directors
The affairs of the association shall be managed by a
Board of directors, which shall be established, and which shall
conduct regular and special meetings according tc ^he provisions
of the Bylaws of the Association.
ENU OF ARTICLE 3 ENTITLED
ASSOCIAT'^ON, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS
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ARTICLE 4
HAIHTEHAMCE AND ASSESSMENTS
4.1 Creation of the Lien and Personal Obligation of
Assessments
Declarant, for each Unit owned within the Project,
hereby covenants, and each Owner of any Unit by acceptance of a
conveyance therefor, whether or not it shall be so expressed in
such conveyance, is deemed to covenant and agree to pay to the
Association: (1) regalar monthly assessments or charges; (2)
special assessments, and (3) capital improvement assessments for
capital improvements and unexpected expenses. All such
assessmeiits are to be established and collected as provided
herein and in the Bylaws of the Association. Ths monthly,
special and capital improvement assessments, together with
interest, costs, and actual attorneys' fees, shall ba a charge
and a continuing lien upon the Unit against which each
assessment is made, the lien to become effective upon
recordation of a notice of assessment (notice of default and
demand to cure). Each such assessment, together with interest,
costs, and actual attorneys' fees, shall also be the personal
obligation o£ tha person who was the Owner of such Unit at the
time when the assessment fell du«. No Owner may exempt himself
from liability for the assessme.its provided for herein hor
release his Unit from the .lien} and charges hereof by waiver of
the use or enjoyment of any of the Common Area or by abandonment
of his Unit.
4.2 Purpose of Assessments
The assessments levied by the Association shall be
used exclusively to Dror..ote the recreation, health, safety and
welfare of all the Owners <n the entire Project for the
improvement and maintenance of the Common Area for the common
good of the Project. Annual assessments shall include an
adequate reserve fund for maintenance, repairs and replacement
of the Comnon Area.
4.3 Regular Assessments.
The amount of regular assessments shall be determined
by the Board pursuant to this Declaration, the Articles and
Bylaws after giving due consideration to the current maintenance
costs and future needs, including the build up of reserves for
working capital and contingencies of the Association. The
regular assessments shall be paid on a monthly basis. If the
Board determines that the estimate of total charges for the
current year is, or will become, inadequate to meet all current
expenses for any reason, it shall then determine the approximate
amount of such inadequacy and issue a supplemental estimate of
the common expenses and determine the revised amount of regular
assessments due from each Member, and the date when due. If the
amount budgeted to meet common expenses for any period proves to
be excessive in light of the actual common e.rpenses, the Board
in its discretion may, by resolution, reduce the amount of the
regular assessments.
4.4 Special Assessments
Spcial assessment? shall be levied by the board
against a Unit to reimburse the Association for:
4.4.1 costs incurred in bringing an Owner and his
Unit ipto compliance with the provisions of this Declaration,
the Articles, the Bylaws, or the rules and regulations;
4. i.2 any other charge designated as a special
assessment in this Declaration, the Articles or Bylaws;
4.4.3 attorneys' fees, interest and other charges
relating therrto as provided in this Declaration. •O
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In the event the Association undertakes to provide materials or
services which benefit individual Units and which can be
accepted or not by Individual Owners, such Owners in accepting
such materials or services agree that the costa thereof shall be
a special assessment.
4.5 Capital Improvement Assessments
In addition to the regular assessments and special
assessments, the Association may levy in any calendar year, an
assessment applicable to that year only, for the purpose ofi
defraying in whole or in part, the cost of construction,
reconstruction, repair, or replacement (other than due to
destruction) of any capital improvement upon the Common Area or
to defray any unanticipated or underestimated expense or other
action or undertaking normally covered by a regular assessment.
The imposition of a capital improvement assessment in a sum in
excess of $100,000. shall require approval by vote or written
consent of Members entitled to exercise not less than three-
fourths (3/4ths) of the voting power of the membership.
4.6 Rate of Assessment
Each Unit, including Units owned by Declarant, shall
bear a fractional share of each aggregate regular and special
assessment according to the allocations set forth on Exhibit D
attached hereto or on an appropriate exhibit to the Declaration
of Annexation. (The appropriate exhibit to the Declaration of
Annexation shall ba determined by approximating the square
footage of each lot in each coverad Phas*f|)|^Th« percentage
allocations shall be binding on the Declarant'and on'^all Ownara
in all covered phases. If. the actual square footages are more
than three percent (3t) (plus .-^r minus) different than the
approximated aquare footages, tti? Board shall reconpute the
Percentage Interest Schedule and the new Schedule shall
thereafter be binding on the Declarant and on all Owners. In no
event sliall the Declarant or an Owner fail to pay its
assessments by reason of a disagreement with either the original
Schedule or the recomputad Schedule. Additionally, special
asitf^'auiiiviita uKsy Lv luvlvJ :i*jaiitut i 1 v idit.i I ilti i I -i t*'t
disciplinary reasons, as provided in Subarticle 4.4.
4.7 Date of Commencement of Regular Assessments and
Fixing Thereof
The regular assessments provided for herein shall
commence as to all Units in the Project on the first day of the
month following the close of escrow for the salo of the first
Unit in the Project or at such time before or after such first
day of said month as Declarant deems appropriate in Declarant's
good faith business liscretion. Due dates of assessments shall
be the first of every month. No notice of such assessments
shall be required other than an annual notice setting forth the
amount of the monthly assessment.
4.8 Certificate of Payment
The Association shall, upon demand, furnish to any
Owner liable for said assessment, a certificate in writing
signed by an officer of the Association, setting forth whether
tha assessments for a spaci fled Unit have been paid and the
amount of the delinquency, if any. A reasonable charge may be
made by the Board for the issuance of these certificates. Such
certificate shall be conclusive evidence of payment of any
assessment therein stated to have been paid.
4.9 Duties of the Board
The Board shall fix the amount of the regular
assessment against each Unit for each fiscal year at least
thirty i30) days before the commencement of such year and shall,
at that tine, prepare a roster of tha Units within the Subject
Property and regular assessments applicable thereto w)>ich shall
be kept in tlte office of the Association and shall be npen to
inspection by any )wner during normal buainess hours. Written t°
-10- a
notice ofi the regular assessments shall be sent to every Owner
subject thereto at least fiifiteen (15) days before the
cooBMncement ofi each such year.
The Board shall fix the amount of all capital
improvement assessments at least thirty (30) days before tha
date such assessments shall become due and shall give written
notice to each Owner subject thereto at least fifteen (15) days
before the date such assessments shall become due.
4.10 Exempt Property
All property dedicated to and accepted by a local
public authority shall b« exempt from the assessments created
herein, unless the maintenance responsibility ofi such dedicated
property is not accepted in full by the local authority in which
case such dedicated property shall not be exempt from the
assessments created herein.
4.11 Enforcement of Assessment Obligation; Priorities:
Discipline
If any part of any assessment is not paid and
received by the Association or its designated agent within
fifteen (IS) days after the due date, an autosiatic late charge
ofi ten percent (10%) shall be assessed and additional ten
percent (10%) sums shall be assessed for each month or fraction
thereof from the due data until tha assassmant and all lata
charges are paid. When a notice of assessment (notice ofi
default and demand to cure), has been recorded, such assessment
shall constitute a lien on each respective Unit prior and
superior to all other liens except all taxes, bonds, assessments
and other levies which, by law, would be superior thereto. Such
lien, when delinquent, may be enforced by sale by the
Association, its attorney or other person authorized by this
Declaration or by law to make ^he sale, after failure of the
Owner to pay such asse-.ismeitt, in accordcince with the provisions
of Sections 1356 and 2924-2'J24h of the California Civil code,
applicable to thc exercise of powers of sale in nortgages and
deeds of trust, or in any other manner permitted by law. The
Association, act .g on behalf of the Unit Owners, shall have the
power to bid fo^' the Unit at the foreclosure sale, and to
acquire and hold, lease, mortgage and convey the same. Suit to
recover a money judgement for unpaid common expenses, rent and
attorneys' fees shall be maintainable without foreclosing or
waiving the lien securing tha same. The Board may impose
reasonable monetary penalties including actual attorneys' fees
and costs and may temporarily suspend the Association membership
rights of a Unit Owner who is in default in payment of any
assessment, after notice and hearing according tc the Bylaws.
4.12 Payment of Taxes Asseused Against Common Area or
Personal Property of Association
In the event that any taxes are assessed against the
Comnon Area, or the personal property of the Association, rather
than against the Units, said taxes shall be included in the
assessments made under the provisions of this Article, and, if
necessary, a special assessment may be levied against the Units
in an anount equal to said taxes, to be paid in two
installments, thirty (30) days prior to the due date of each tax
installment.
4.13 Proration of Unsegregated Real Property Taxes
4.13.1 If real property taxes are prorated L>y
Declarant through escrow in connection with the conveyance of
any Unit at a time when the actua. taxes attributable to such
Unit are unknown (where such actual taxes will be unknown at the
time escrow closes) and if the tax bill is to be an
"unsei-jregated" or "blanket" bill covering the Project, Declarant
shil.i .-.He a K C.'li^ estimate of the real property taxes
applicable tc eaci- Jn;.. and e::c ow ^I.AII make the •^<'.>rtit:.r>.
based on this good faith estimate. Upon receipt cC he
"unsegregated" tax bill after close of escrow, any adjustments '
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shall be made outside of escrow by Declarant and the Owner ofi
tha Units with the Association's cooperation. The Association
shall pay befiore delinquency the entire "Unsegregated" tax bill
for the Project. Following the issuance ofi the "unsegregated"
tax bill, and jjnediatelv after the Association has determined
each Owner's proper tax (as hereinafter provided), each Owner
shall pay the entire tax for each Owner's Unit to the
Association in order that tha Association may satisfy tha
"unsegregated" tax bill before delinquency. Each Owner for
himselfi and his successors hereby covenants and agrees that tha
right ofi the Association to collect the tax may ba enfiorced by
any ofi the procedures described in this Article 4. Tha
"unsegregated" tax bill shall ba equally divided anong the
Owners.
4.13.2 Unless the Declarant's good faith
estimate is exact, the Declarant and tha Owner shall promptly
furnish the Association with their closing statements as proof
ofi the proration of the "unsegregated" taxes through escrow.
Thc Association shall then promptly determine the dififierence
between the amount of taxes charged to tha Owner at the close of
escrow ("Owners Charge") and the Owner's actual share ofi taxes
based on the "unsegregated" tax bill ("Owners Actual Share").
If the Owner's Charge exceeds the Owner's Actual Share, the
Association shall pay such excess to the Owner, and the
Declarant shall immediately reimburse the Association for all
such payments. If the Owner's Actual Share exceeds the Owner's
Charge, the Association shall immediately pay the ainount of such
. excess to Declarant, and shall thereafter levy a special
assessment against the Owner and his Unit for reimbursement of
such payment. A«:3rt&- x« , ^
4.13.3 In the event further "unsegregated" tax
bills are issued or "unsegregat-ed" installments become due
follcwing the sale of Units, the ,Nssociation shall be
responsible for the payment thereof prior to delinquency but
shall have all rights set forth i- ;nis Article to collect from
each Owner such Owner's proper shace of the "unsegregated" bill
or "unsegregated" installment.
4.14 Proration of Segregated Real Property Taxes
4.14.1 If real property taxes are prorated by
Declarant through escrow m connection with the conveyance of
any (Jnit at a time when the actual taxes attributable to such
Unit are unknown (where such actual taxes will be unknown at the
time escrow closes) and if the tax bill is to be a "segregated"
or "individual" bill covering the Unit, tha Declarant shall make
a good faith estimate of the real property taxes applicable to
the Unit and escrow shall make the proration based on this good
faith estimate. Upon receipt of the segregated" tax bill after
close of escrow, any adjustments shall be made outside of escrow
by Declarant and the Owner of the Unit with the Association's
cooperation as provided in Article 4.13.2. Tha Owner shall pay
before delinquency the "segregated* tax bill for the Unit.
4.14.2 Unless the Declarant's good faith
estimate ia exact, the Declarant and the Owner shall promptly
furnish the Association with their cloaing statements as proof
ofi the proration of the "segregated" taxes through escrow. The
Association shall then promptly determine the difference between
the amount ofi taxes charged to the Owner at the close of escrow
("Owners Charge") and the Owner's actual share of taxes based on
the "segregated" tax bill ("Owners Actual Share"). If the
Owner's Charge exceeds the Owner's Actual Share, the Association
shall pay such excess to the Owner, and the Declarant shall
immediately reimburse the Association for all such payments. If
the Owner's Actual Share exceeds the Owner's Charge, the
Association shall immediately pay the amount of such excess to
Declarant, and shall thereafter levy a special assessment
against th* Owner and his Unit for reimbursement of such
payir.ent. Each Owner for himself and his successors hereby
covenants to reimburse the amount of any such excess to the
Asscciat.'ort -Hi agrees ihat th* ..iqnt of Xhe Association to
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• C. 424 •
collect such excess may be enforced by any of the procedures
described in this Article 4.
4.15 Transfer of Unit
Sale or transfer of any Unit shall not affect the
assessment lien. However, the sale or transfer of any Unit
pursuant to Mortgage foreclosure including the exercise ofi a
power of sale or judicial foreclosure or acceptance ofi a deed in
lieu of said foreclosures (collectively "Transfer") involving a
default under a fiirst Hortgage shall extinguish the lien ofi such
assessments as to payments which bbcame due and payable prior to
such Transfer (except for assessment liens recorded prior to the
Mortgage). No transfer shall relieve such Unit from liability
for any assessments thereafter becoming due or from the lien
thereof. Where the Mortgagee of a first Mortgage of record
obtains title to a Unit as a result of any such Tranafer, such
Mortgagee shall not be liable for the unpaid dues or charges ofi
the Association chargeable to such Unit which accrued prior to
the acquisition ofi title to such Unit by such Mortgagee. Such
unpaid dues or charges shall be deemed to be common expenses
collectible from all of the Units including such Mortgagee. In
a voluntary conveyance of a Unit the grantee of the same shall
be jointly and severally liable with the grantor for all unpaid
assessments by the Association against the latter for his share
of the common expenses up to the time of the grant or
conveyance, without prejudice to the grantee's right to recover
from the grantor the amounts paid by the grantee therefor.
However, any such grantee shall be entitled to a statement from
the Association, setting forth t;ir amount of the unpaid
assessments due the Association and such grantee shall not be
liable for. not shall the Unit conveyed by subject to alien for}
any unpaid assessment made by the Association against the
grantor in excess of the amcunr set forth in the statement;
provided, however, the grantee sl-^all be liable for any such
assessment becoming due after the date of any such statement.
END OF ARTICLE 4 ENTITLED
MAINTENANCE AND ASSESSMENTS
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425
ARTICLE 5
DUTIES AND POWERS OF THE ASSOCIATION
5.1 Duties and powers
In addition to the duties and powers enumerated in
its Articles and Bylaws, or elsewhere provided for herein, and
without limiting the generality thereof, the Association shall:
5.1.1 Maintain and otherwise manage all of the
Conunon Area (including, in addition, that area on the individual
Lots located between the Common Area boundary and the exterior
perimeter walls of each Building Element) and all facilities,
improvements, furnishings, equipment, and landscaping thereon,
and all property (real and personal) acquired by the
Association. The Association's responsibilities hereunder shall
also include the maintenance and management of the mini-parks
located on the Subject Property as well as certain special
landscaped streets and other landscaped areas (the "Special
Landscaped Areas") in and around the Subject Property and
adjacent property, as generally described and depicted on
Exhibit E attached hereto and by this reference made a part
hereof. The Special Landscaped Arccs include certain landscaped
streets identifiied in the Sper.ifiic Plan.' If at-any time the
Association fails or refuses to maintain or manage the Special
Landscaiied Areas as provided lerein, the City of Carlsbad may
perform such duties (but is under no obligation to do so) at the
sole cost and expense of the Association;
5.1.2 iiave the autltority to obtain, for the benefit
of all uf the Conunon Area, all water, gas and electric services
and refuse collections, dnu, in addition, refuse collection for
each MeiiiLer's Unit. Each Owner is responsible for obtaining and
paying for all water, gas an' electrical services for his
Building Element;
5.1.3 Grant easements where necessary for utilities
and scwcr l.jcilitius over tlie Cuniiiiuti Area and Lots tu serve tlie
Conunoti Area and the Units:
5.1.4 Maintain such policy or policies of insurance
as tlte Board deems necessary or desirable in furthering the
purposes of and protecting the interests of the Association and
its Members; provided, however, the Board shall make available
to the Owners a cccplete inventory of insurance carried by tlie
Association and will notify all Owners of any changes in
coverage that may affect the insurance needs of the Owners;
5.1.5 Have the authority to employ a manager or
other persons and to contract with independent contractors or
managing agents to perform all or any part of the duties and
responsibilities of the Association;
5.1.6 iiave the power to establish and maintain a
working capital and contingency fund from regular assessments in
an amount to be determined by the Board;
5.1.7 Have the power ai.d duty, subject to the
rights of the Declarant as provided herein, to enforce the
provisions of this Declaration by appropriate means, including,
without LiiTitation, the expenditure of funds of the Association,
.the empluyn.ent of legal counsel and the commencement of actions;
5.1.8 Pay any real and personal property taxes and
other cliacges assessed to or payable by the Association;
j.i.9 Adopt reasonable rules not inconsistent with
.,1' . ; , oi'.i.in, th' •-rv-irli's, -:• he Bylaws relat i'lg :.o the
use of '..'le Ccr...-noii ,\rn<i and all !aci".ities hereon, int: ..>e <^
conduct of C"wners and their tenants and guests with respect to •
the Subject Property and other Owners; and
private roadways and parking areas related to the Project.
5.2 Maintenance of Project by Association
The Association shall provide maintenance and repair
of all landscaping, drainage, flood control and parking
facilities on the Conmon Area. The Association shall maintain
the retention basins which have been constructed in the Common
Areas throughout the property. The responsibility ofi the
Association for maintenance and repair shall not extend to the
cost and expense of repairs or replacements arising out of or
caused by the willful or negligent act or neglect ofi an Owner,
or his guests, tenants or invitees. The cost and expense of
repair of replacement of any portion of the Conmon Area
resulting from such excluded items shall be the responsibility
of such Owner. The Association shall cause such repairs and
replacements to be made at the Owner's sole cost and expense and
if an Owner shall fail to pay for such repairs or replacements,
the cost thereof (plus interest from the date of payment at the
maximuni legal rate) shall be added to the assessments chargeable
to such Unit and shall be payable to the Association by the
Owner of such Unit.
5.3 Association Easements
For the purpose o^ performing the maintenance and
management authorized by this Article or for any other purpose
reasonably related to the performance by the Board of its
responsibilities under this Declaration, the Association (and
its agents and employees) shall have an easement over and onto
all porticns of the Conmon Area, including, but not limited to,
the Special Landscaped Areas.
5.4 Owner's Default
If there is a default by an Owner :nder an Owner's
sublease agreement or under the Master Lease, the Association
and/or the Declarant shall have the right (but not the
obligation) to cure the default for and on behalf of the Owner
and at the Owner's sole cost and expense.
ENU OP ARTICLE 5 ENTITLED
DUTIES AND POWERS OF THE ASSOCIATION
•o
5. ^
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ARTICLE 6
UTILITIES
6.1 Owner's Rights and Duties
The rights and duties ofi the Owners of Units within
the Project with respect to utilities shall ba as followst
6.1.1 Whenever sanitary sewer, water, electric, gas,
television receiving, or telephone lines or connections, heating
or air-conditioning conduits, ducts, or flues are located or
installed within the Project, which connections, or any portion
thereof lie m or upon Units owned by other than the Owner ofi a
Unit served by said connections, tha Owners ofi any Unit served
by said connections shall have the right, and ace hereby granted
an easement to the full extent necessary therefor, to enter upon
the Units or to have the utility companies enter upon the Units
in or upon which said connections, or any portion thereof lie,
to repair, replace and generally maintain said connections as
and when necessary.
6.1.2 Whenever sanitary sewer, watar. electr. ,
gas, or telephone lines or connections are locatea or installed
within the Project, which connections serve more than one Unit,
the Owner of each Unit served by said connection shall be
entitled to the full use and enjoyment of such portions of said
connections as sgrvice his Unit.
6.1.3 In the event of a disputaP'betweaniliOwtiavjigytith
respect to the repair or rebuilding of said connections, or with
respect to the sharing of the cost hereofi, then, upon written
request of one of such Owners addressed to th Association, the
matter shall be submitted to the Board, which shall decide the
dispute, and the decision of the Board shall be final and
conclusive on the parties.
6.1.4 Each Owner shall at all times ba solely
responsible for the maintenance, repair, and insurance of his
entire Building Element.
6.2 Easements for Utilities and Maintenanci
Easements over and under the Subject Property
(including, without limitation, the Special landscaped Areas)
for the installation, repair, and maintenance of sanitary sever,
water, electric, gas, and telephone lines and facilities,
drainage facilities, walkways, and landscaping of the Subject
Property, are hereby reserved by Declarant and its successors-in-
interest and assigns, including the Association, togeth-tr with
the right to grant and transfer the same.
6.3 Association's Duties
The Association shall maintain all utility
installations located in the Common Area except for those
installations maintained by utility companies, public, private,
or municipal. The Association shall pay all charges for
utilities supplied to the Project except those metered or
charged separately to the Units.
END OF ARTICLE 6 ENTITLED
UTILITIES
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7.1 Architectural Approval
Subject to the exenption of Declarant under Article
7.12 below, no building, fence, wall, sign or other structure ofi
any kind shall be ccnsMnced, erected or maintained upon the
subject property, nor shall any exterior addition thereto or
change or alteration therein be made until the plans and
specifications showing the nature, kind, shape, color, size,
height, materials and location of the same shall have been
submitted to and approved ur disapproved according to a standard
of good faith discretion in writing as to harmony ofi external
design and location in relation to surrounding structures and
topography by the Architectural Control Committee ("Committee")
provided for herein. In the event the Committee, or its
designated representatives, fails to approve or diiiapprove the
design and location within thirty (30) days after said plans and
specifications will be deesied to have been disapproved. All
inprovement work approved by the Committee shall be diligently
completed. Any changes or alterations to plans an<3
specifications approved by the Committee, shall be resubmitted
for approval as though it was a new submission. No approval
shall be required to rebuild in accordance with plans and
specifications previously approved by the Committee; not shall
submission of plans and specifications relating to normal
maintenance (including, nut not limited to, repainting in
accordance with the original color scheme) be required.
7.2 Landscaping Approval
No trees, bushes, shrubs, or plants shall be planted
or installed until the plans md specification for the species
and placement of any such trees, bushes, shrubs or plants, and
the irrigation systems therefor, have been submitted to and
approve') or disapproved according to a standard of good faith
discietioii lit writing by clie c'uimui 1.1cL;. .':cii<l (ilitiis .is submitted
shall show in detail the proposed elevations ana locations of
said trees, bushes, shrubs or plants and irrigation system for
maintenance. All such plans and specifications shall meet the
requirements of the City of Carlsbad.
7.3 Appointment of Architectural Committee
Declarant shall init.ialiy appoint the Committee,
consisting of an odd number of members not less than three (3),
who shall remain in office until: (a) fifteen (IS) years from
the date of recording ofi this Declaration; or (b) all of the
Units in all Phases have been conveyed by Declarant, whichever
sliall first occur: or (c) unless replaced by soniuone else
designated by Declarant in its sole ard absolute discretion.
From and after such time or event, as tlie case m^iy be, the
Committee shall be appointed by a vote of the Bo.ird and shall b^
composed of three (3) or more representatives. tn the event of
the death or resignation of any member of the Coiunittee prior to
the time when the Board is vested with the authority to appoint
members thereof. Declarant shail have the right to appoint such
member's successor.
7.4 No Liability
Plans and specifications shall be approved by the
Committee as to style, exterior design, appearance and
locations, and are not approved for engineering design or for
compliance with zoning and building ordinances, and by approving
such plans and specifications neither tlie Committee, the members
thereof, nor Declarant assumes liability or res|>onsibility
therefor, or for any defect in any structure constructed from
such plans and specifications. Further, neither Declarant
the Committee (or the members thereof) shall be liable in
damages to anyone submitting plans or specifications to t'
approval, or to any Owner affected by these restrictions
reason of .ni'itakc in judgement, representation, express
-17- p
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i
implied, negligcDce, or nonfeasance arising out ofi or in
connection with the approval or disapproval or failure to
approve or disapprove any such plans or specifications. Every
person who submits plans or specifications, and every Owner
agrees that he will not bring any action or suit against
Declarant, the CoamU.ttee, or any of the members thereof to
recover any such damages.
7.5 Notice of Noncompliance or Noncoir.pletion
Notwithstanding anything to the contrary contained
herein, after the expiration ofi the later of one (1) year firom
the date ofi issuance ofi a building permit by municipal or other
governmental authority for any improvements or one (1) year from
the commencement ofi construction of any inprovements within the
Subject Property, said improvement shall, in favor of purchasers
and encumbrancers in good faith and for value, be deemed to be
in compliance with plana and specifications approved by the
Coonittee and with the rules and regulations established by the
Committee, unless actual notice of su':h noncompliance and
noncompletion, executed by the Conmittee or its designated
representatives, shall appear of record in the office of the
County Recorder of San Diego, California, or unless legal
proceedings shall have been instituted to enforce compliance or
completion.
7.6 Rules and Regulations; Guidelines
The Crj—ittee may from time to time, in its sole and
absolute discretion, adopt, amend and repeal architectural and
landscaping guidelines, rules, and regulations interpreting and
implementing the provisions' hereof.
7.7 Variances
Where circumstances, such as topography, location of
property lines, location of trees, or other matters require, the
Committee, by the vote or written consent of a majority of the
members thereof, icay allow reasonable variances as to any of the
covenants, conditions or restrictions contained in this
Declaration under the jurisdiction of such Committee, on such
terms and conditions as i*. jhall require; provided, however,
that all such variances shall be in keeping with the general
plan for the improvement and development of the Subject
Property. Such variances will be granted on a case-by-case
basis, and issuance of such a variance shall not siit a precedent
for issuance of any other variance.
7.8 Appointment and Designation
The Committee .-nay from time to time, by the vote or
written consent of a majority of its members, delegate any of
its rights or responsibilities hereunder to one or more duly
licensed architects or other qualified persons who shall have
full authority to act on behalf of said Committee in all matters
delegated.
7.9 Review Fee and Address
Any plans and specifications shall be submitted in
writing for approval together with a reasonable processing fee
as set by the Committee in its good faith discretion. The
address of the Committee shail be such place as the Committee
may from time to time designate in writing. Such address shall
be the place for the submittal of any plans ar.d specifications
and the place where the current rules and regulations, if any,
of the Committee shall be kept.
7.10 Inspection
Any :3ember or agent of the Conuiittee may from time to
time Jt any re sonable hour or hcurs and upon reasonable notice
enter and insp.^ct any property suoject io the jurisdiction of -i
Che Committee as to its improvement or maintenance in compliance^
with the provisions hereof.
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7.11 General provisions
The members ofi the Committee shall not be entitled to
^htreafiter the awro^l described in this covenant shall not be
^l^ntred^less, Sior to said date and efifiactive thereon, a
3^tten iMi"m;nt .Sail be executed and duly recorded by a
minority of the Owners ofi the Units in all phases appointing a
rep?eiantative orrepresentatives who shall thereafiter exercise
thetl^e Jowers previously exercised by the Committee.
7.X2 Nonapplicability to original Construction
The provisions of this Article shall "
,.on«truction, landscaping or other improvements by Declarant as
nart of the Initial development of the Subject Property (aa the
llll Siv b^ expanded through annexation) or as part of tha
iarkeUng^roglam for sale of Units within th. Project.
END OF ARTICLE 7 ENTITLED
ARCHITECTURAL CONTROL
•J!«-
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f
USE RESTRICTIONS
8.1 Permitted Uses
Except as prohibited by this Article 8, the Subject
Property and buildings constructed or to be c-jnstructed thereon
shall be used for industrial, research, and development purposes
as well as for office and related commercial purposes so long as
such purposes are consistent with the Specific Plan and the
zoning and other such applicable ordinances of the City of
Carlsbad, California, or such other governmental agency having
jurisdiction, and so long as such purposes are consistent with
any restrictions and/or permitted uses referenced in any
declaration of covenants, conditions, and restrictions of record
or any other document ofi record.
8.2 No Residential Use
No part ofi the Subject property shall ever be used or
caused to be used or allowed or authorized in any way, directly
or indirectly, for any residentiai or other non-business purpose
except as permitted by the City of Carlsbad and for employee or
guest requirements.
8.3 Nuisances
No noxious, offensive, or highly hazardous trade or
activity shall be carried on, upon, or within any portion of the
Subject property or improvement thereon, nor shall anything be
done thereon which ir.ay be, or -nay become an annoyance or public
or private nuisance to other owners or to the neighborhood
(including, but not limited to, vibration, electro-magnetic or
electrc-i'.iecharical disturbance, radiation, air or water
pollution, the unreasonable emission of dust, odor, gas, smoke,
fumes, noxious, toxic or non-tcxic matter, or noise) or which
shall in any way interfere with the quiet enjoyment of each of
the Owners, or which shall in a:.y way increase the rate of
insurance or cause a policy to be cancelled or not renewed, or
will impair the structural integrity of any improvement on the
Subject Property.
8.4 Oil Drilling and Mining
No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be
permitted upon or in the Subject Property or any portion thereof
nor shall oil wells, tanks, tunnels or mineral excavations or
shafts be permittee upon the surface of the Subject Property or
any portion thereof or within five hundred (5U0) feet below the
surface uf the Subject Property. No derrick or other structure
designed for use in boring for water, oil or natural gas shall
be erected, maintained or permitted upon the Subject Property or
any [ortion thereof.
8.5 Antennas
NO television, radio. Citizen's Band, cr other
electronic antenna or device of any type shall be erected,
constructed, placed or permitted to remain on any of the
buildings cons'.ructed on the Subject Property if such antenna or
device is visible from any viewing position outside of a
building.
8.6 Animals
No .jnimals, pets or poultry of any kind shall be
raised, bred or kept on any portion of the Subject Property.
9.7 Rubl' ..h, ,:.tc.
All rubbish, trash and garbage shall be regularly
removed from the Subject Property and shall not be allowed to
accumulate thereon. All outdoor refuse collection areas shall
be completely •inclosed and -icreened from access streets ciiul
S5 •o
adjacent property by a block wall at least six (6) feet in
height as approved by the Land Use Planning Manager of the City
of Carlsbad. All such areas shall have concrete floors, and
shall be of sufficient size to contain all refuse generated by
the business. These areas shall be no less than six feet by
eight feet in size. No refuse collection areas shall be
pennitted between streetside and the building line.
U.8 Vehicular Storage and Parking, Storage
Except for that area in Lot 23 of Unit 1 which is
within the 2U0 foot easement to San Diego Gas Electric
recorded April 15, 1954 as document No 49241 at Book 5205 page
416 and to the extent permitted by he City of Carlsbad therein,
no recreational Vehicle, trailer, jumper, boat or similar
equipment shall be permitted to remain upon the Subject
Property. There shall be no parking within the Subject Property
other than temporary parking in areas designated for parking,
with the exception of the heretofore mentioned portion of Lot
23. Temporary parking shall mean parking of delivery trucks,
service vehicles and other commercial vehicles being used in the
furnishing of services to the Owners and the temporary parking
while conducting business or engaged in employment on the
Subject Property of vehicles belonging to or being used by
Owners, their employees, guests, agents, or invitees. Parking
areas shall be landscaped in such a manner as to interrupt or
screen said areas from view from access streets and adjacent
properties. All outdoor storage (which shall include the
parking of business-owned or business-operated motor vehicles]
Shall be^visually screened from adjacent streets and property.
Said screening shall consist of a aolid concrete or masonry wall
;or a wall of other durable material approved by the Land Use
Planning Manager of the City of Carlsbad) which wall shall not
be less than six feet in height. No storage shall be permitted
between streetside and the building line.
8.9 Outdoor Activities
All activities associated with the businesses being
conducted cn the Subject Property must be conducted completely
within the improvements on the Subject Property; provided
however, usual and customary loading and unloading activities
during iiuriral business hours shall be excluded from this
restriction.
8.10 Condition of an Owner's Unit
The Owner of any Unit shall at ali times keep the
Unit in a cood, safe, and sanitary condition and he shall comply
in all respects with all govertunent, health, fire, and police
requirenients and regulations. Undeveloped or unpaved areas
shall be maintained free of weeds, rubbish, debris or unsightly
materials or objects of any kind.
8.11 Liability of Owners for Uamage
An Owner of a Unit shall be liable for all damages to
other Units or improvements caused by such Owner or any occupant
of his Unit or invitee or agent or employee of such Owner.
8.12 Maximum Sound Levels, Etc.
None of the uses permitted within the Subject
Property shall produce the following:
0.12.1 Noise in excess of VO decibels (American
Standard for nuise level meters):
a. For a cumulative period of more than 30 niiiates
in any hour; or
b. Plus 5 decibels for a cumulative period ct more
than 15 minutes in any hour; cr
c. Plus 10 lecibels for a cumulative period of mure
than 5 minutes in any hour; or
d. Plus 15 decioels for a cumi'iative period of iioie
than 1 minute in any hour; or
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e. Plus 20 decibels for any period ofi time.
8.12.2 Vibration, heat, glare, or electrical
disturbances beyond the boundaries ofi the Subject Property.
8.12.3 Air pollution detectable by the human senses
without the aid of instruments, beyond the boundaries of the
Subject Property.
a.12.4 Emissions which endanger human health which
can cause damage to animals, vegetation or property, or which
can cause spilling at any point beyond the boundaries of the
Subject Property.
8.12.5 Odor detectable by the human senses without
aid of instruments beyond the boundaries cf the Subject
Property.
8.13 Wastes
All wastes discharged into the wastewater discharge
system wll conform to the City of Carlsbad standards, as the
same may -e revised from time to time.
8.14 Billboards and Signs
Ho billboards shall be constructed, installed, or
maintained on the Subject Property. Any signs, banners, or like
displays which may be placed in or upon the Subject Property,
except those approved by the Committee, shall be prohibited. No
freestanding signs shall exceed eight (8) feet in height. No
sing of any kind shall be displayed on any portion of the
Subject Property, except in strict accordance with the Sign
Criteria established in Exhibit F attached hereto and by this
reference made a part hereof, and then only after receiving
Committee approval.
8.15 Air Pollution Guidelines
All uses on the Subject Property shall comply with
applicable air pollution regulations including regulations for
control of airborne dust during construction. -^^
8.16 Other Operations ana Uses
Operations and uses that are neit.-ier specifically
prohibited nor specifically authorized by this Declaration may
be permitted in a specific case if written operational plans and
specifications for such operations ar... uses, containing such
information as may be requested by the Committee are submittea
to and approved in writing by the Committee, which approval
shall be based upon analysis of the anticipated effect of such
operations or uses upon other Units, and upon the occupants
thereof, but shall be in the.sole and absolute discretion of the
Committee.
8.17 Loading Restrictions
On those special landscaped streets identified in the
Specific Plan, no loading or unloading shall be allowed which is
visible from adjacent streets. On streets other than such
special landscaped streets, streetside loading and unloading
shall be permitted provided that the loading dock is set back at
least seventy (70) feet from the street right-of-way line. All
loading areas shall be screened from adjacent streets.
8.18 Metal Structures
No metal structures with metal sliding or sheeting
exteriors shall De permitted on tne Subject Property.
8.19 Screening of Equipment
Exterior components of plumbing, processing, heating,
cooling and ventilating systems (including, but net limited to,
piping, tanks, stacks, collectors, heating, cooling and
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ventilating equipment, fans, blowers, ductwork, vents, louvers,
meters, compressors, motors, incinerators, ovens, etc.) shall
not be directly visible to the surrounding areas to the
satisfaction of the Land Use Planning Manager ofi the City ofi
Carlsbad. Transformer or terminal equipment shall be visually
screened from view fron streets and adjacent properties.
8.20 No Warranty of Enforceability
While Declarant has no reason to believe that any of
the restrictive covenants contained in this Article 8 or
elsewhere in the Declaration are or may be invalid or
unenforceable for any reason or to any extent. Declarant makes
no warranty or representation as to thc present or future
validity or enforceability of any such restrictive covenant.
Any owner acquiring a Unit on the Subject Property in reliance
on one or more of such restrictive covenants shall assume all
risks of the validity and enforceability thereof and. by
acquiring the Unit, agrees to hold Declarant harmless therefrom.
END OF ARTICLE 8 ENTITLED
USE RESTRICTIONS
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9.1
follows t
INSURANCE AND DESTRUCTION OF IMPROVEMENTS
Insurance
Insurance shall be maintained on the Project as
9.1.1 Association Liability Insurance
The Association shall obtain and continue in
effect comprehensive public liability insurance insuring the
Association, the Declarant and the agents and employees of each
and the Owners and the respective guests and invitees of thc
Owners against any liability incident to the use of the Conunon
Area, and including, if obtainable, a cross-liability
endorsement insuring each insured against liability to each
other insured, and a "severability ofi interest" endorsement
precluding the insurer from denying coverage to one Owner
because of the negligence of other Owners or the Association.
The scope of the coverage shall include all other coverage in
the kinds and amounts required by private institutional mortgage
investors for projects similar in construction, location and
use.
9.1.2 Association Hazard Insurance
Additionally, the Association shall obtain and
continue in effect a policy of fire and extended coverage
insurance for no less than one hundred percent (100%) of
replaccaent cost ofi insurable real and personal property within
the Common Area. Such policy may also contain vandalism and
malicious mischief coverage, special form endorsement,
stipulated amount clause and a determinable cash adjustment
clause, or a similar clause to permit cash settlement covering
full value of the improvements on the Common Area in tha event
of destruction and a decision not to rebuild pursuant to this
Declaration. Such policy shall name as insured the Association,
for th« benefit of the Owners and Declarant (so long as
Declarant is an Owner of ^iny Units).
9.1.3 Additio-'al Association Insurance
The Association may purchase such other
insurance as it may deem necessary, including without limitation
plate-glass insurance, workers' compensation, directors'
liability, and errors and omissions insurance, and shall
purchase fidelity coverage against dishonest acts on the part of
directors, managers, trustees, employees or volunteers of tho
Association who are responsible for handling funds collected
from and held for the benefit of the Owners. The fidelity
insurance shall name the Association as the insured. In
connection with such fidelity ccverage, an appropriate
endorsement to the policy to cover any persons wno serve without
compensation shall be added if the policy would not otherwise
cover volunteers.
9.1.4 Insurance Premiums
The cost of insurance policies acquired under
Article 9.1 shall be a common expense to be included in the
asaesements levied by the Association. The acquisition of
insurance by the Association shall be without prejudice to the
right of any Unit Owner to obtain additional individual owner's
insurance.
9.1.5 Unit Hazard Insurance
In addition to the policies which the
Association shall carry on the conmon Area, each individual Unit
Owner shall obtain and oontinue in effect insurance coverage
which shall be equal to or greater than fire and extended
coverage and shall be at least e^uu 1 to tliat CUIIIIMHIIly required
bv private institutional mortgage investors in the area in whic
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the Project is located, including liability insurance of not
less than $2,000,000.00. The policy shall provide, as a
minimum, flre and extended coverage Insurance on a replacement
cost basis in an aoKSunt not less than that necessary to comply
with any co-insurance percentage stipulated in the policy, but
not less than eighty percent (80%) of the insurable value (based
upon replacement cost of the Unit). Except for insurance under
the National Flood Insurance Act of 1968, as amended, and for
deductibles, the amount of coverage shall be sufficient so that
in the event of any damage or loss to the Unit of a type covered
by the insurance, the insurance proceeds shall provide at least
the lesser of: (1) compensation equal to the full amount ofi
damage or loss, or (ll) compensation to the first mortgagee
under the mortgage equal to the full amount of the unpaid
principal balance of the mortgage loan. Flood insurance shall
be maintained if the Project is located in an area subject to
special flood hazards.
9.1.6 Waiver of Subrogation; Notice of
Cancellation
All property and liability insurance carried by
the Association or the Owners shall contain provisions whereby
the insurer waives rights of subrogation as to the Association,
officers, and directors, and any Members, their guests, agents
and employees. All policies of hazard insurance must contain or
have attached the standard mortgage clause commonly accepted by
private institutional mortgage investors in the area in which
the Units are located. All Insuranca carried by the Association
shall contain a provision requiring the insurer to notify
Institutional lenders requesting such notice, at least ten (10)
days in advance of the effective date of any reduction in or
cancellation of the policy.
9. 2 Destruction of Improvements
9.2.1 Reconstruction of Unit(s)
In the event of damage to or destruction of any
Unit, the Owner shall reconstruct the same as soon as reasonably
practicable, and substantially in accordance with the original
plans and specifications therefor. Each Owner shall have an
easement of reasonable access onto any adjacent Unit for
purposes of repair or reconstruction of his Unit as provided in
this Subarticle.
9.2.2 Comnon Area Improvements
If any of the Common Area Improvements are
damaged by fire or other casualty, insurance proceeds payable to
the Association shall be used to rebuild or repair such damage
substantially in accordance with the original plans and
specifications therefor. Any excess insurance proceeds shall be
deposited to the general funds of tne Association. In the event
the proceeds of the Association's insurance policy are
insufficient tc rebuild or repair such improvements, then, as
soon as reasonably possible, a majority of the voting power of
the Association shall decide to either (a) use funds from its
account or if necessary from levying a special assessment on all
Unit Owners (or on those responsible for the damage) to restore
or rebuild said improvements; or (b) clear and landscape the
Common Area for use as a comniunity park, if appropriate, in
which case excess proceeds shail, in the discretion of the
Board, be r.stained in the general funs of the Association or be
distributed to the Owners pro-rata. If the Board does not take
reasonably prompt action under this Article 9.2, any Member may
call a si>ecial meeting as provided in the Bylaws Lo discuss the
matters contained herein.
9.3 Condemnation
In the event of any taking of any Unit in the Project
by eminent domain, the Owner of such Unit shall be entitled to
receive the award for such taking and after acceptance thereof,
he and his mortgagee shall be divested of all interest in the
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proiect l£ such Owner shall vacatJlhis Unit as a result ofi such
tlkiSg! in the e^Snt ofi a taking by eminent domain ofi more than
ll the same time, the Association shall participate in
"2jottatiS«?^lS!il propose the method ofi division ofi
the proceeds ofi Undeanatlon, where Units are not valued
«pa«tely Sy thecoodemnlng authority or by the Court. In the
avSnl iS unit WTdisagrees with the proposed allocation, he
maJhavS'the matter sub-ilted to arbitration under the rules ofi
the American Arbitration Association.
EHD OF ARTICLE 9 ENTITLED
DESTRUCTION OF IMPROVEMENTS
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MAINTENANCE BY UNIT OWNERS
10.1 Owner's Right and Obligation to Maintain and Repair
Each Unit Owner shall, at his sola cost and expense,
maintain and repair his Building Element, keeping the same in
good condition. In the event an Owner fails to maintain the
same as provided herein In a manner which the Board deems
necessary to preserve the appearance and value of tha Subject
Property, tha Board may notlfiy Owner ofi tha woric required and
request it be dome within fiifiteen (15) days from the giving of
such notice. In the event Owner Calls fior carry out such
maintenance within said period, the Board may cause such work to
be done and may specially asses the cost thercofi to such Owner,
and, if necessary lien hia Unit for the amount thereof.
10.2 Disputes
Ifi any dispute arises concerning the provisions ofi
this Article 10 which cannot be resolved under the terms ofi this
Declaration, then the matter may be submitted to arbitration
under the rules of the American Arbitration Association.
END OF ARTICLE 10 ENTITLED
MAINTENANCE BY UNIT OWNERS
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Cv. 439
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement
The Association, Declarant, or any Owner or the
successor in interest ofi any Owner shall have the right to
enfiorce by proceedings at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or
hereafter imposed by the provisions ofi this Declaration or any
amendment thereto, including the right to prevent the violation
of any such restrictions, conditions, covenants or reservations
and the right to recover damages or other dues fior such
violations; provided, however, that with respect to assessment
liens, the Association shall have the exclu.iv. right to the
enforcement thereof. Failure by the Association or by any Owner
to enfiorce any covenant, condition or restriction herein
contained shall In no event be deemed a waiver ofi the right to
do so thereafiter.
11.2 Negligence and/or Willful Misconduct
The cost of any maintenance or repair services
required to be performed by the Association which are caused by
the negligence, neglect or willful misconduct of any Owner, or
his employees, guests or invitees shall be borne entirely by
such Owner and will be a special assessment against such Owner
and his Unit.
11.3 Severability
Invalidation of any one of these covenants,
conditions or restrictions by judgement or court order shall in
no way affect any other provisions which shall remain in full
force and effect.
11.4 Term
The covenants, conditions and restrictior.s of this
Declaration shall run with and bind the Units, and shall inure
to the benefit of and be enfoice-^Lle by the Association or the
Owners of any Unit, their respective legal representatives,
heirs, successors and assigns for a ter.n of fifty (50) years
from the date this Declaration is recorded, after which time
said covenants, conditions, and restrictions shall automatically
be extended for successive periods of ten (10) years, unless an
Instrument, signed by a majority of the then Owners, has been
recorded, agreeing to change said covenants, conditions and
restrictions in whole or in part.
11.5 Construction
The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan
for the development of a building complex and Common Area within
the Subject Property. The article and section headings have
been inserted for convenience only and shall not be considered
or referred to in resolving questions of interpretation or
construction. Ifi there is any conflict among or between the
Project Documents, the provisions of this Declaration shall
prevail; thereafiter, priority shall be given to Project
Documents in the following order: Articles; Bylaws; and rules
and regulations of the Association.
11.6 Amendments
Except as otherwise specifically provided herein,
this Declaration of Covenants, Conditions, and Restictions may
be amended only by an instrument in writing signed by not less
than seventy-five percent (75%) of the voting power of the
membership of the Association and, further, this amendment
provision shall not be amended to allow amendments by the assent
or vote of less than seventy-five percent (75%) of the voting ^
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power of the membership of the .\sl<7if£ation. Any amendment must
be properly recorded. No amendment to Article 5.1.1 or to
Article 11.15 shall be valid without the prior written consent
to such amendment by the City of Carlsbad.
11.7 Mortgage Protection Clause
No breach ofi the covenants, conditions or
r«Rtrirr. inns herein contained in this Declaration, nor the
enforceiuent of any lien provisions herein, shall deleut or
render invalid the lien ofi any fiirst Mortgage (meaning a
Mortgage with fiirst priority over any other Hortgage) on any
'Unit made in good faith and for value, but all of said
covenants, conditions and restrictions shall be binding upon and
effective against any Owner whose title is derived through
foreclosure or trustee's sale, or otherwise.
11.8 Singular Includes Plural
Whenever the context of this Declaration requires
same, the singular shall include the plural and the masculine
shall include the feminine.
11.9 Nuisance
The result of every act or omission, whereby any
provision, condition, restriction, covenant, easement or
reservation contained In this Declaration is violated in whole
or in part, is hereby declared to be and constitutes a nuisance,.
and every remedy allowed by law or equity against a nuisance,
either public or private, shall be applicable against every such
result and may be exercised by the Declarant, Conmittee, the
Association or any <^ner. Such remedy shall be deemed
cumulative anci not exclusive.
11.10 Encroachment Easements
Each Unit within the Subject Property is hereby
declared to have an easement nver all adjoining Units and the
Common Area for the purpose of accommodating any encroachment
due to engineering errors, errors in original construction,
settlement or shifting of the buildings, or any other cause.
There shall be valid easements for the maintenance of said
encroachments as long as they shall exist,, and the rights and
obligations of Owners shall not be altered in any way by said
encroacluuent, settlement or shifting: provided, however, that in
no event shall a valid easement for encroachment be created in
favor of an owner or Owners if said encroachment occurred due to
the willful misconduct of said Owner or Owners. In the event a
structure is partially or totally destroyed, and then repaired
or rebuilt, the Owners of each Unit agree that minor
encroachments over adjoining Units or Common Area sliall be
permitted and that there shall be a valid easement for the
maintenance of said encroachments so long as they shall exist.
11.11 Nonliability of Officials
To the fullest exten
Eoard, the Committee, and other
any member of such Board or any
Member or the Association for a
suffered or claimed on account
approval of plans or specificat
course of action, act, omission
ma<Je in good faith witliin which
persons reasonably believed to
t permitted by law. neither the
committees of the Association cr
committee shall be liable to any
ny damage, loss or prejudice
of any decision, approval or dis-
ions (whether or not defective),
er.rur, negligence or the like
suc'n Board, committees or
be the scope of their duties.
11.12 Owner's Easements of Enjoyment
Every Owner (and his guests, clients, and invitees)
shall luive a right of easement of enjoyment in and to the Coiitiic
Aroa (including any luture Common Area describeil or '.he attach*?
Exhiljit . once such future Common Area is annexed tu the Subje •?
I'roijcrty) , including but not liiiiitpu to a right of a<:cess,
ingress, and cjress, an easenent for paiking purposeii and
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easements for utilities, sewage and drainage (Including, without
limitation, non-exclusive easements for drainage over the
Subject Property leading to the retention basin on the Subject
Property), and such easements shall be appurtenant to and shall
pass with the title to every Unit, subject to the following
provis ionsi
(a) The right of the Association to establish rules
and regulations pertaining to the use of the Common Area; and
(b) The right of the Association to suspend the
voting rights and right to use the Common Area by an Owner (and
his guests, clients, and invitees) for any period during which
any assessment against his Unit remains unpaid and delinquent;
and for a period not to exceed thirty (30) days from any single
infraction of the rules and regulations of the Association,
provided that any suspension of such voting rights or right to
use the Common Area, except for failure to pay assessments,
shall be made only by the Association or a duly appointed
committee thereof, after notice and hearing given and held in
accordance with the Bylaws of the Association.
11.13 Owner's Compliance
11,13.1 Each O^ner, tenant o£ occupant of a Unit
shall comply with the provisions of the Project Uocuneiits and
all <iecisLons and resolutions of the Association or its duly
authorized representative, and failure to comply with any such
provisiona, decisions, or resolutions, shall be groui.ds for an
actioii t^ recover sums due, for damages (Including costs and
attorneys' fees), and/or for injunctive relief. All agreements
'Hid '.ieterminaticns lawfully made by the Association in
accordance with the voting percentages established in this
;)cclaratii,ii or in the Bylaws, shall be deemed to be binding on
all .-.vners of ',nits, their successors and assigns.
Il.l3.i Any ameement for the leasing, sJb-
lensing, licensing ot assi-gr.reiit of a Unit (hereinafter in this
Article referred to as a "lease", the person occupying the Unit
umlor su'.-h a lease is hereinaf er referred to as a "Lessee"
shall provide that the terms of such lease shall be subject in
all respects to the provisions of this Declaration. Any owner
who shall ise his Unit shall be responsible for assuring
cci;j)l iari-c :.y such Owner's lessee with any lease, this
Declaration, the Articles, the Bylaws and the Associations's
rules aiKl regulations.
11.14 Construction By Declarant
Nothing in this Declaration shall limit the right of
Ueclaiant to alter the plan of development, cr to co:istruct such
additional improvements as Declarant deems advisable prior to
completion of improvements upon and sale of the entire Project.
Such right shall include but shall not be limited to erecting,
constructing and Riaintaining on the Subject Property such
structures and displays as may be reasonably necessary for the
conduct .jf the business of completing the work and disposing of
the same by sale, lease or otherwise. This Declaration shall
not limit the right of Declarant at any time prior to
acquisition of title from Declarant to establish on the Subject
Property additional licenses, reservations and rights-of-way to
itself, to utility companies, or to otlers as may from time to
time be reasonably necessary to the (jioper development and
.11 1 nf t lic! ITojoft. Dcf 1.1 r ii ivt i<"-.crves the riijht to .iltpr
Its construction plans and designs as it deems appropriate. I'tie
rights of Declarant hereunder may be assigned to any successor
or successors to all or part of said entity's respective
interest in the Project, by an express assignment incorporated
in ft recorded deed or lease, cis the case may be, transferring
sucl. mteres". to such successor. Declarant shall exercise is
r ights-coutaiiieu in this provision in such a way as not to
uiirfiisoriat-ly intjr'^ere with the Member's rights to use and eiijt^
the Subje'jt (Jrcpe'-./. ;
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11.15 Indemnification cf City of Carlsbad
Declarant agrees to indemnify and hold the City of
Carlsbad harmless from and against (I) liability for persona:,
injury, (2) liability fior property damage and (3) liability
resulting from judgements rendered in inverse condemnation
actions. This indemnification shall apply to the foregoing
types of liability which are caused by or result from (I) the
operation of the Palomar Airport, (2) aircraft using Palomar
Airport or (3) the City's approval of the Final Map for this
Project. This indemnification shall apply to that portion of
the Project located within the FAA "clear zone" or "crash zone"
as identified on the Environmental Impact Report (EIR 81-6)
prepared in connection with Declarant's application for a Final
Map for the Project. This provision shall be binding upon and
shall inure to the benefit of Declarant's succesors-in-interest,
transferees, and assigns. Upon the transfer or assignment of
the property making up the Project, Declarant shall be relieved
of all obligations, duties, responsibilities, and liabilitier.
imposed upon it by this indemnification.
The undersigned, being the Declarant herein, has executed
this Oeclaration on 5eyt»-.vV,«<- H • 1986.
CARLSBAD AIRPORT CENTRE, a
California limited partnership
By: COMMULNiTY KbSOLKCES CORPORATION,
a Nevada corporation
(C-entral Partner) '< y
• ^ (/
ay
Seem hy 1
z JarIsLai
Michdc. . z;: i ler. Land £e Planning Manager
•-•-.u AnTicLi; i; i:.i iTLEU
I
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443
STATE OF CALIFORNIA
COUNTY OF^
On ^dTv Notary Pubiic
)
)
_) ss.
, 1986 befiore me.
In and "for said St^te,
and
the
ndersigned. 'a Notary Public in ana ror '—^'T^^J^Su!^^
PPeared ft^ x flit t n> >hf M y -,^,o„^uy knt.7 to me^o'r^'g^ed
CO »e on the basis of sati^ctory .via^^ncgKi^ P«»on-
who executed the within instrument as •^^^teJ^iTofi COMMUNITY
rESO^^fi^^TION, a Nevada coiporation the corporation
that executed the within ?tner.h?p. the
AIRPORT CENTRE, a CaUfornia limited P*«^«,„^P
partnership that executed ^l^^^^^^^^i^n executed the same as
WITNESS my hand and official seal.
Notary
County
iar
•o
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444
EXHIBIT A
LOTS 1 THROUGH 25 INCLUSIVE. OF CARLSBAD TRACT NO. 81-46 UNIT
NO. 1. IN THE CITY OF CARLSBAD, COUHTY OF SAN DIEGO. STATE OF
CALIFORMIA. ACCORDING TO MAP THEREOF NO. 11287, FILED IM THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, MINERAL. GAS, AND
OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF SOO FEET UNDER THE
REAL PROPERTY DESCRIBED HEREIN, WITHOUT THE RICHT OF SURFACE
ENTRY. AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHIP. IN A
DEED RECORDED JULY 5, 1978. RECORDER'S FILE NO. 78-279136
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/
Coir*on Ataaa
Carlsbad Airport Centre
Exhibit 8 - Common Areas Csnirs DeMiopmant
Wlmnwr Yimnada & Assodstos
«u-s
98
EXHIBIT C
LOTS 26 THROUGH 49 INCLUSIVE OF CARLSBAD TRACT NO. 81-46 UNIT
NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA. ACCORDING TO MAP THEREOF NO. 11288, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, MINERAL, GAS. AND
OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET UNDER THE
REAL PROPERTY DESCRIBED HEREIN. WITHOUT THE RIGHT OF SURFACE
E;NTRY. AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHIP, IN A
DEED RECORDED JULY 5. 1978, RECORDERS FILE NO. 78-279136.
LOTS SO THROUGH 76 INCLUSIVE OF CARLSBAD TRACT NO. 81-46 UNIT
NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11289, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, MIKERAL. GAS, AND
OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FCET UNDER THE
REAL PROPERTY DESCRIBED HEREIN, WITHOUT THE RIGHT SURFACE
ENTRY, AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHIP, IN A
DEED RECORDED JULY 5, 1978, RECORDERS FILE NO. 78-279136.
• •9
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4k CO
o» ^f/ ll
EXHIBIT D
PERCENTAGE INTEREST TABLE
I
'.A
a;
O 00
05 •35-
8i
N? 401
S-H
Carisbad Airport Centre
Exhibit E - Special Landscaped Areas
CwitrB D«».lopment
Wtonnw Ymwi. » AMoctales
POUNPERsnnfico.
zm
FIRST ANEHDNEHT TO
OECIASATION OF COVENANTS, CONDITIONS AND RESTRI
Of
CARLSBAO AIRPORT CENTRE
87 0480*0
r~~,r'QC0'JOFO ifi~"l
<S8T JAH 28 PH 5 29
m
THIS FIRST AHENDNENT dated Noveabar 1986, l. nada to the Declaration oC Covenant., Conditiona and Re.trictlona
ofi Carlsbad Airport Centre, recorded September 12, 1986 as iocuaent number S6-4014S6 with the San Diego County Recorder*
("Declaration") pursuant to Section 11.6 of said Declaration
by not less than 75% of the voting power of thc meaberahip ofi the Association.
1. Exhibit B is doleted and replaced by the Exhibit B
attached hereto and incorporated herein by this reference.
2. Exhibit 0 is deleted and replaced by the Exhibit D
attached hereto and incorporated herein by this reference.
3. Section 2.2.2 is deleted and replaced as followst
"2.2.2 Common. Area.
That portion of the Subject
Property described on attached Exhibit B shall be 'Coaaon Area', which includes
'Coaaon Area Lets', title to which shall be held bv the Association as well as
that portion of individual Lots which is
designated on Exhibit B as Coanon Area for the nurpor*s of maintenance by the
Association. No easenent, use or en-croachcent rights reserved by Declarant
herein shall in any aanner hinder or
interfere with the individual Lot own-ers' use of its Lot> including use of
Coanon Area aaintained by the Associa-tion, within such Lot and no encroach-
aent unto any Lot shall be allowed ex-
cept for drainage usee. The Coaaon Area (which includes, without llaitation, the
Coanon Area Lots and the improvenents thereon) shall be operated and aain-
tained by the Association for tbe use
and benefit ofi Owners ofi Units in the Project, subject to reasonable rules and
['.-.JUJ
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r
•7
2022
regulations enacted according to the By-laws, dcept aa noted above and unless otherwise restricted* each Onit Owner
aay use the Coaaon Area in accordance with the purposes for which it la intend-
ed without hindering tha ezereis* oC ot encroaching upon the rights of any other Unit Owners. Declarant shall reserve
and hereby reserves in itself aad its successors and assigns, as well as in
the Association and in all other Owners, easeaents over and onto tha Coaaon Area and over and unto the individual hot* up
to the exterior periaeter walls of each Building eleaent for drainage and for
ingress to and egress froa the Coaaon Area and such portions of the individual Lots for the purpose of coapletlng
iaproveaents thereon or for the parfora-ance of necessary aaintenancer landscap-
ing, and repair work, provided such ingress and egress and drainage in no manner InterCeres with the use by any
Unit Owner of its Lot or the iqprove-aents located thereon. Declarant shall
also reserve and hereby reserves in itself and its suecessota and assigns^ for a five year period froa tht dat* or
the initial reqiordation of this Declara-tion in the Official Records of thc San
Diego County, CaHfornia Recorder* a right to reasonably alter or modify the sise and boundaries of the Phase I
Comnon Area Lots or other Coaaon Area consistent with the proper developnent
of the Property described on-attached Exhibits A, B and C."
4. Section 2.2.1 ia aodified by addition of the following at the end of the last sentence:
"The above interpretation shall be used
for the purpose of applying these
declarations only and Cor no'other reason."
following:
Section 4.4.2 is deleted and replaced with the
"4.4.2 any other charge reasonably designated as a special assessaent in
thia Declaration, tha Article, or
Bylawa."
- 2
t7
//
N? 048040
6. Section 4.5 is aodified by addition of the following parenthetical after the clause "... the cost of
construction . .
"(other than initial construction which is installed by Declarant)"
7. Section 4.IS is aodified by deletion of the word "first" as it twice appears in thc Section.
8. Section 6.1.1 is aodified by thc addition of thc
following after the last sentencei
"The above eaaeaenta ahall be liaited to areas within apecified easenent areas
existing prior to transfer of the Onit
Lot to a third party and in no event shall grant any party, including the
Declarant, the right to establish new easeaents for any purpose across any Lot
not owned by Declarant or the
Association."
9. Section 6.2 is modified by addition of the
following after the last sentencet
"The above eaaements ahall be liaited to areaa within specified easeaent areas
existing prior to transfer of thc Onit Lot to a third party and In no event
shall grant any party. Including the Declarant, the right to establish new
easements for any purpose scross any Lot not owned by Declarant or the
Association."
10. Section 9.2.1 is nodlfl'Sd by addition ofi the following after the last sentence:
"Reservation of easeaent rights to each' Owner ('Repaiiing Owner') for purposes
of repair or reconstruction of its Unit ('Repaired Unit') onto any adjacent Unit
('Easement Unit') owned by another Owner
('Easenent Owner') shall be liaited so that it does not unreasonably interfere
with aaid Easeaent Unit, or Easeaent Owner's use ofi its Lot and shall require
such Repairing Owner to aake any repaira
made necessary to the Easeaent Owner's Lot and Onit resulting firoa or by the
Repairing Owner's use of aaid Easenent Unit."
- 3
f
. j
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• 1 •7
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N9 048040
1 • '
0 • A,
2024
11. Section 11.2 is aodified by addition of the
fiollowingt
"In no event shall this Section be
deemed to create any contractural liability on any such Owner foe thc
above acts.*
12. Section 11.7 is aodified by deletion of thc word
"first* and deletion of thc parenthetical clause "(acaning a Hortgage with first priority over any other Hortgage}".
In all other respects the Declaration is affiraed and
continues in full fierce and effect.
IH WITNESS NBEREOr, this First Aacndacnt has been
executed by all the owners of thc Property described therein.
Dated: / CARLSBAO AIRPCMtT CENTRE
a California Liaited Partnership
By COWOmm SSSOORCES CORPORATION a Nevada corporation, (;cncral
Partner
Bys 2L DEAN GREQii President }
Dated: ,d.iuarv 15. 1967 OPUS SOUTHNBST CORPORATION a Minnesota corporation authorised
to do business in the State of California as
OPUS SOOTBNEST eeBtliilATTBU,
DESICNBtS, BOILBBtS, DEVELOPERS,
INC.
By:
CSESIOENI
THIS DOCUMENT IS TO BE SIGNED BEFORE A
NOTARY PUBLIC. PLEASE SIGN YOUR NAME
EXACTLY AS IT IS TYPBHRITTEN.
SFG:CAC
02(11:08:86
-I
17
G 202S
STATE OF MINNESOTA)
COUNTY OP HENNEPIN)
) ss.
The foregoing was acknowledged befiore me this ISth day
of January, 1987, by GENE HAUGLAND, President of Opus Southwest
Corporation, a corporation under the laws of Minnesota, on behalf
of the corporation.
(SEAL)
Nc^ry Bubllc (j
CAT. NO. NNOWa* T02tM«C*l<-(ll
(Corporaiion u * Vuxntt ol i l*:irtn<'rahip)
STATE OK C.M.n OHM.X
COUNTV OF San Disgo
On January 27. 1987
' founoERs Tiru componv
iM icrr mc. ihc unikni|nc<i. j Notary l*ublic in and for
Md Si«K. prrtunalK jppciml Dean Greenberg
p<non«lly kira«n cu mc or proved to mc >in ihc bitis of utisfactoc) ciidriKe lu be the person uho executed
the withm initrunK-nt « ihc Pre»:dent. ind
la be the
COI
________ |Hit.>njlly known to me ur proved to me on fhe bisit of sattfficior\' evidence
peiv>r. uhu exeiuicl ijic within imttument a the ____^______^^__ Secre?>ry of
inlty Reiourctf. Corporstlon t^hJ?y"''tarHh>«fTOj?trgitft(!W""""'''''
_________ thc pmnenbip that executed
the ttithin intinimcni. and acknimlcdied in mc that iuch
corporation executed the ume as such partner and that
such pannership lAccuted the tame.
WITNFSS my hj/d and .jfficL.1 leal.
Sif-iaiure
my hafd and uffiCL.! leal.
sJ6/?Jm/^^. 1^^ Thn irei Un offti iai mwartai tcslr
17
//
2
•o
o
00
I
i W X X
0)
I-*
•4
Carisbad Airport Centre
EiiiMl B - Common Aiaaa
hi,"
t of Area of Unit No.
Building Lots
1 3.949 4.889%
2 • 6.155 7.614%
3 . 3.S15 4.348%
4 3.160 3.909%
S 3.321
6 2.831 3.S02%
7 3.933 4.86S%
8 4.372 S.403%
9 Open Space —
10 7.648 9.461%
11 2.558 3.164%
12 3.848 4.760%
13 t 14 5.188 6.418%
15 3.334 4-.12 4%
.16 Open Space . —
17 Open Space -
18 1.498 1.853%
19 1.442 1.784%
20 4.4S8 5.913%
21 4.308 5.329%
22 4.746 9.871%
23 4.732 9.894%
24 3.127 3.868%
25 2.713 3.396%
Total Unit No. 80.836 GE. AC. (excluding open space and
straats)
• {
:Am*>.i/mf Itttnau^MOnt Sana Ana CaMont *Z'M |miS4SX3t
:tm<Hf. l90lO««««i*olSelma.«20l San Oaga CaUoM UUt iSlfllSlom
EXHIBIT "D' - Page 1 of 5
«7
It
MCSOCKT
Hay 30, 1986
Land Piannino e Hiaside Design e CMI Snglnsering e Suneying
Job No. 3080
CARLSBAO AIRPORT CENTRE
ACREAGE ANALYSIS - UNIT NO. 2
Lot No. Gross Ac. % of Area ofi Unit No. 2
Buildinq Lota
28 3.103 7.714%
29 5.643 8.330%
30 2.193 3.314%
31 2.098 3.110%
32 3.910 3.304%
33 4.428 6.691%
34 2.993 4.323%
35 2.913 4.402%
36 5.903 8.316%
37 2.444 3.693%
38 2.281 3.447%
39 2.794 4.222%
40 3.892 3.881%
•41-4.649 7.019%
42 2.879 4.344%
43 1.677 2.334%
44 1.930 2.312%
45 1.488 2.248%
46 1.946 2.336%
47 1.263 1.908%
48 2.198 3.261%
49 3.234 4.887%
Total Unit No. 2 0.173 Gr. Ac. (excluding open space and
streets)
!t,mii.'/mm lit fto«licim Dm* SaM*/biL CMtixna IznS irMlW-SOn
Mm>/lym isonA««nu(iilSc«net.i2C1 Sw 0(ga Cmtona niZI ((iMaSt-OMS
EXHIBIT 'D* - Page 2 of 9
I
t 87
//
N? 048040
Nay 30, 1986
Lot No.
90
91
32
53
34
39
56
37
38
39
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
r . 2029 r
land Planning e HBsUa Design e CMI Engkiesfing e Sutveying
vRtmcaotHr
Job No. 3080
CARLSBAO AIRPORT CENTRE
ACREAGE ANALYSIS - UNIT NO. 3
Gross Ac.
2.382
2.910
4.049
1.862
2.394
1.988
1.643
2.119
2.080
3.583
2.662
Open Space
1.475
2,319
2.619
2.729
3.110
2.102
3.161
2.740
2.749
8.996
4.189
12.699
1.418
6.948
% of Area of Unit No.
Buildinq Lots
3.079%
2.993%
4.823%
2.220%
2.894%
2.370%
1.939%
2i527%
2.480%
4.272%
3.174%
i.799%
2.760%
3.118%
3.249%
3.708%
2.906%
3.769%
3.267%
3.278%
10.202%
4.990%
13.142%
1.691%
7.808%
Total Unit No. 3 t 83.866 Gr. Ac. (excluding open space and streets)
:Mtmtm.^mm III aoolMtow On«« Sai<a Ana. CaMom* WM (;MI$4S-303>
.%m</iym ISOn AMnu* 01 Sewct. liOl San 0«<ia CaUoin* UU( (4l9l<SI-0n3
EXHIBIT 'O* - Page 3 of 5
I
17
20^ r
land Planning e HWdde Oasign e CMI Enginaedng • Suiveying
May 30, 1986
vKSMoracHr
Job No. 3080
Lot No.
CARLSBAO AIRPORT CENTRE
ACREAGE ANALYSIS - UNITS 1. 2 t 3
Grosa Ae. % Of Area of Unlta 1.2 t 3
Buildinq Lots
1 3.949 1.710%
2 6.139 2.666%
3 3.313 1.922%
4 3.160 1.369%
S 3.321 1.438%
6 2.831 1.226%
7 3.933 1.704%
8 4.372 1.894%
9 Open Space -
10 7.648 3.312%
11 2.538 1.108%
12 3.848 1.667%
13 £ 14 S.188 2.247%
IS 3.334 1.444%
16 Open Space -
•17 Open Space -
18 1.498 0.649%
19 1.442 0.624%
20 4.453 1.931%
21 4.308 1.866%
22 4.746 2.096%
23 4.732 2.050%
24 3.127 1.334%
23 2.713 1.173%
26 Open Space -
27 Open Space -
28 5.105 2.211%
29 5.645 2.443%
30 2.193 0.930*
31 2.058 0.891%
32 3.510 1.320%
33 4.428 1.918%
34 2.993 1.300%
33 2.913 1.262%
36 9.903 2.384t
•37 2.444 1.0581
.'A«'/^
lilBmcWieMvOtv* San* ana. CaMnnt 9270S (naiS'iiOfln
iS0nAMnu(M3cwne«.>»l San Owqa CaUom ni» 16NMSI 09»
EXHIBIT 'D" - Page 4 of 5
4
87
N? 048040
• ! V.-'
Paga 2
Xcrcaga Analysis
May 30. 1986
tot No. Groaa Ac. % o£ Area of Units 1,2 I 3
Buildinq Lots
38 2.281 0.990%
39 2.794 1.210%
40 3.692 1.690%
41 4.643 2.012%
42 2.879 1.243%
43 1.677 0.726%
44 1.330 0.663%
43 1.488 9.644%
46 1.346 0.670%
47 1.263 0.347%
48 2.158 0.933%
49 3.234 1.401%
SO 2.982 1.118%
51 2.910 1.087%
32 4.049 1.732%
S3 1.862 0.806%
54 2.394
33 1.988 0.861%
36 1.643 0.712%
37 2.119 0.918%
58 2.080 0.901%
99 3.583 1.332% 99 3.583
60 2.662 1.193%
61 Open Space — 62 1.475 0.639%
63 2.315 1.003%
64 -:.61S 1.133%
65 2.725 1.180%
66 3.110 1.347%
67 2.102 0.910%
63 3.161 •1.369%
69 2.740 1.187%
70 2.749 1.191%
71 8.556 3.706%
72 4.185 1.813%
73 12.699 3.900%
74 1.418 0.614%
75 6.948 2.836%
76 Open Space
Total Acreage: 230.877 Gr. Ac. (excluding opon space « streets)
EXHIBIT "D" - Page 5 of 5
I
i 8?
//
)IM6 REQUESTED BY;
to J. KARwicK, ESQ.
UECOROEO KAIL TO:
AO AIRPORT CENTRE
Mr. 9ean Creanbarg
'aloaar OaKa Nay, Suit* 300
>ad, Califomia 9200S
178
053 CT 30 W » 53
RF S
AR 3
MGt
DECURATION OF AaMOAfZOB Of
PHASE Zl OF CARLSBAO AISPOR* CBMnOi
FURSnAMT TO DECLARATION OF OOVSnURB.
CONDITIONS AMD RESTRICTIONS, CARLSBAO URfOST
SAH DIEGO COnWTY, CftUFOaMZR
HIS DECLARATION OF ANNEXATION is made and antarad into thia
ay of October, 1990 by CARLSBAD AIRPORT CENTRE, a California
d partnership, hereinafter raiTerrad to aa "Declarant",
nt to Section 2.4 of that certain Declaration of Covananta,
ions and Restrictions, Carlsbad Airport Centra, San Dlego
, Califomia as recorded in tha Official Racorda of aaid
on January 28, 1987 as Instrument No. 87-048040, hareinaftar
Hi to as the "Declaration".
lEREAS, Declarant desires to annex that certain real
:y as described in Exhibit "C" to tha Declaration and as
>ts 26 through 49 inclusive of Cariabad Tract
lit No. 2, in the City of Carlsbad, County^of^an Oiago,
:ate of California, according to Map thereof No. 112SS,^
.led in the Office of the County Reooraef of ^
lunty, with Lots 33 and 34 of thd foregoing description
>w also being described as Lot "A" of Adjustment Plat
>. 395 executed by the City Engineer of tha City of
irlsbad, dated January 31, 1990 and recorded March 5,
90, in the Office of the County Recorder of San Diago
'unty as Instrument No. 90-116039.
Declaration of Annexation - Paga 1
179
all harainaftar rafarrad to aa tha "PhaM II Property", to that
certain Project, aa tha term Project is dafinad in tha Declaration,
to tha fiullaat axtant parmisaibla pursuant to Section 3.4.1 of tha
Daelaratlon; and
WHEREAS, Section 2.4.1.2 of the Declaration providaa for
annexation by Declaration of Annexation and Section 3.4.1 furtbar
provides that any such annexation shall cauaa tha property annexed
to bacoM a portion of tha Project, to bacoaa subject in all
raapacta to tha Declaration, and to becoaia subject in all raapaota
to tha Aaaociiition, aa that term is defined in tha Daclaratlonf
NOW, THEREFORE, in conaideratlon of tha praaiaaa and tha
authority vested in tha undersigned Declarant undar tha
Declaration:
1. The Declarant hereby annexes tha Phase II Property to tha
Project, aubjacta and/or ra-aubjacts said Fhaaa II Property to tha
Declaration, and further subjects aaid Phase II Property to tha
full Jurladiction of tha Association (Cariabad Airport Centra
Ownara Association).
2. The Declarant hereby reaffims all of tha provisions ofi
tha Declaration as recorded and as such now affact tha Phase II
Property.
3. Tha Declaration and each and avary tam, provision and
condition tharaof, la hereby incorporated herein by this rafaranea.
Rafaranca ahould ba aada to tha Declaration tor a coBq[>lata
dlacription of the dedarationa, liaitationa, covenants,
conditiona, raatrlctiona, and aaseaanta which affact and bacoM
Declaration of Annexation - Paga 2
-. o f n
f-'i
burdana and/or benafita running with tha Phaaa II Property punuant
barato.
a WITNESS WifEREOF, the Declarant has hereunto aat Ita hand on
tha day. and date first above written.
CARLSBAO AIRPORT CENTRE, . * *
a California liaited partnerahip,
by Carlsbad Airport Associataa^ a
Califomia general partnership which is
its sole general partner, by
Centre Developnent, a Califomia
corporation, general partner of Carlsbad
Airport Aaaoclataa
reenberg, ( Dean Greenberg,
President of Centra Devalopment
STATE OP CALIFORNIA
OOOWTT OF SAN DIEOO
On this cAU'*^ day f>t PCntOl, in the year of 1990, before M,
a Notary Public in and for aaid Cour.ty and State, personally appeared Oean Greenberg, known to
(or proved to ce on the basis of satisfactory evidence) to be tha
the person who executed the within instrument as president of
cn.TSE DE\i:LOrMENT, a California corporation, who being by ae duly
svcm. deposed, acknowledged and said: Said Dean Greenberg is tha
Priesident of Centre Development, the corporation therein naaad,
which executed same on behalf of CARLSBAD AIRPORT ASSOCIATES, tha
parmership therein named as general partner of CARIfBAO AIRPORT
CEN'TRI, that said CARLSBAD AIRPORT ASSOCIATES executed the saae as
the sole general partner of CARLSBAD AIRPORT CENTRE, a Califomia
liaited partnership, the partnership that executed the within
instruaent and that said CARIABAD AIRPORT CENTRE executed tha
WITNESS ay hand and official seal. (notary seal)
1.1.t
Notary Public m am
My cxjaaission expires; At(C>ui" ^3
for said County and State
...BARBARA S MARSOCN l^-^, Nwory PuMe^Caaaino P^-j, ---^ IAN OCCC COUNTV
J
Declaration of Annexation - Paga 3