HomeMy WebLinkAboutSP 145; Palomar Industrial Park; Specific Plan (SP) (2).DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
1200 ELM AVENUE
'CARLSBAD, CALIFORNIA S2G08-1989
(619) 438-559
July 21, 1983
Stephen C, Wilkinson
Lusardi Construction -Co rap any
1570 Linda Vista Drive
San Marcos, California 92069
SUBJECT: LOT 2, pALOMAR AIRPORT INDUSTRIAL, PARK
Attached please find our policy regarding use of the front
setback in the P--M sone tor driveway purposes, BaSed upon, the
plan you submitted for the above-referenced lot,, it would be
necessary for you to move the driveway an additional 9 feet from
the property line and mound the proposed landscaping.
Sincerely,
CITY OF CARLSBAD
Tdr-j^
MICHAEL uu HOL2MILLSR
Land Use Planning Manaqer
MJH/ar
Attachment
E.AND us??. PLANNING DIVIS
ADMINISTRATIVE POLICY
The P-M zone requires a 50 foot landscaped frontyard setback.
The purpose of this requirement is to provide an adequate
landscape screen from public and private streets. Upon the
approval of the Land Use Planning Managerr the width of the
landscaped setback may be reduced to 35 feet to accoraodate a
driveway. Any driveway within the frontyard setback must be
screened from public and private street, by a mixture of mounding
and landscaping to the satisfaction of the Land Use Planning
Manager.
APPROVED BY:
MICHAEL JVHOLZPU'LLSR
Land Use Planning Manager
DEVELOPMENTAL
SERVICES
LAND USII PLANNING OFFICE
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591
City of Cartefrab
December 20, 1984
Kelvin Costello
2950 North Ontario Street
Burbank, California 91504
SUBJECT: DUST COLLECTOR FOR HILL REFRIGERATION
Dear Mr. Costello:
This is to confirm that your request to install a dust
collector on the side of the building that you are relocating to
in the Palomar Airport Business Park in Carlsbad is approved
subject to the following conditions:
(1) The dust collector shall be painted to match the
color of the building.
(2) The dust collector shall be installed at a location
where it is not visible from the public street or adjoining
property. The location you previously indicated to us is
acceptable.
(3) The dust collector shall be placed as close to the
ground as possible to minimize the distance the collector
projects above the roofline.
(4) Any portion of the dust collector that extends
above the roofline shall be enclosed to the satisfaction of the
Planning Department. The use of a lattice enclosure would be
acceptable.
If you have any further questions concerning this
matter, please contact me at 438-5591.
Sincerely,
CITY OF CARLSBAD
MICHAEL J. HGfLZMlUliER
Land Use Planning Manager
MARTY ORENYAK _
Director of Building & Planning
MJH/MO/ar
CITY 0, -AR.LSBAD
AGENDA BILL NO.
DATE:
DEPARTMENT:
SUBJECT:
C.C.&RS, PALOMAR AIRPORT BUSINESS PARK.
STATEMENT OF THE MATTER
REQUEST;
As explained in the attached memo to the City Manager, the
City was never made a part of the C.C.&Rs, of then Cabot,
Cabot, & Forbes Industrial Park as was originally agreed
upon by both parties. The new owner, Palomar Airport Bus-
iness Park, Has agreed to make the City a part of the C.C.&Rs
as originally agreed upon.
The attorney for the park has drafted such amendment for your
consideration. Staff has reviewed this amendment to the C.C.&Rs,
and recommends that it be recorded.
EXHIBITS:
Memo to City Manager, dated May 3, 1977.
Exhibit "A" dated, April 1, 1977 (Draft C.C.&Rs Amendment).
City Council Resolution No ;5&$l> approving the amendment to
the C.C.&Rs. '
• RECOMMENDATION;
It is recommended that Resolution NO. *?&&/ , be adopted thereby
approving the amended C.C.&Rs of Palomar Airport Business.. Park.
City Council also directs staff to assure that the above amendment
is duly recorded and copies are forwarded to the City for our records.
Council action
5-17-77 Resolution #5081 was adopted, approving an amendment to
the Declaration of Covenants and Restrictions, Palomar
Airport Business Park.
FORM PLANNING 73
MEMORANDUM - MAY 3, 1977
TO: PAUL BUSSEY, CITY MANAGER
FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR
RE: C.C.&RS, PALOMAR AIRPORT BUSINESS PARK.
When the City approved the tentative tract map for the Cabot,
Cabot and Forbes subdivision, (CT-73-49) the applicant and the City
agreed that there would be no need for a specific plan on the
property if the City was made part of the C.C.&Rs. This would
give the City the ability to review conditions or deny any dev-
elopment that was at variance with the C.C.&Rs. The City felt
this necessary since the P-M zone has no restriction on the type
of building that can be constructed .
Cabot, Cabot & Forbes indicated that no metal building would be
permitted in this park and such prohibition is contained in
the C.C.&Rs even though they are permitted by City Code. However,
when the City protested the construction of the metal roofed open
structures at Anthony Pools, we were informed that the C.C.&Rs do
not contain wording permitting the City to participate in this
variance to the C.C.&Rs.
Staff contacted Palomar Airport Business Park to amend the C.C.&Rs
to make the City a party to reviewing any variance to the C.C.&Rs.
Attorney for Palomar Airport Business Park agreed and have submitted
to the City an amendment to the C.C&Rs (See attached Exhibit A).
This amendment contains wording permitting a disapproval by the City
of an application to vary the standards of the C.C&Rs. This is
satisfactory to planning staff. If satisfactory to the City Council,
staff will inform the attorney to have them recorded and recorded
documents be returned to City for our files.
BP:JCH:ar
The City Council of the City of Carlsbad, California, does
7 I hereby resolve as follows:
e
1) That this certain amendment to the Declaration of
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RESOLUTION NO 5081
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AMENDMENT TO THE DECLARATION OF
COVENANTS AND RESTRICTIONS, PALOMAR
AIRPORT BUSINESS PARK.
CASE NO: CT 73-49
Covenants and Restrictions of the Palomar Airport
Business Park making the City of Carlsbad a party to
said Declaration, a copy of which is attached hereto
marked Exhibit "A" and made a part hereof, is hereby
approved.
2) That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said amendment for
and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 17th /
day of May , 1977 by the following vote, to wit:
AYES: CounciImen Frazee, Lewis, Packard and
CounciIwoman Casler
NOES: None
ROBERT C. FRAZEE, Ma^or
ATTEST:
E. ADAMS, City Clerk
(SEAL)
[ 660
WHEN RECORDED RETURN TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
K 1977
RECORDED RSOUilST (;:-
CITY CLERK
JuN I I IDS AH"/./
U'Tir.l
(Space abov£ this"line for Recorder's Use)
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
NOFEi
THIS AMENDMENT is made and executed as of the
of }?./ (L-L.+ , 1977 by Palomar Airport
Business Park, a California general partnership ("PABP");
WITNESSETH:
WHEREAS, a Declaration of Covenants and Restrictions .. __
(the "Declaration") was recorded October 1, 1974 at-File/Page
No. 74-263897, Book 1974, Official Records of San Diego
County, California covering certain real property in the
County of San Diego, State of California, more particularly
described -therein (the "Property"); and
WHEREAS, the Declaration subjects the Property to
mutually beneficial restrictions under a general plan of
improvement for the benefit of the Property, the improvements
thereon and future owners thereof; and
WHEREAS, PABP owns seventy-five percent (75%) of
the Property based upon the number of square feet of the Property
owned by PABP as compared to the total number of square feet
within the property; and
WHEREAS, PABP desires to amend the Declaration
in accordance with Paragraph D.6. thereof in order to add the
City of Carlsbad as an..entity which will exercise-control over
variances to the restrictions contained within the Declaration;
' NOW, THEREFORE, PABP hereby amends the Declaration
as follows:
I
t. 661
1. The following is hereby added to the Declaration
as Subparagraph A.5. thereof:
"5. 'The City' shall mean the City of Carlsbad,
County of San Diego, State of California."
2. The following is hereby added to the Declaration
as Subparagraph C.5. thereof:
"5. Notwithstanding anything to the contrary con-
tained in this Paragraph "C", no waiver or vari-
ance of the restrictions shall be effective until
such time as the City has been provided with a
copy of a detailed variance- request, delivered
by registered mail, return receipt requested,
setting forth the intentions and reasons in res-
pect of the proposed variance and until the City
has ten (10) days within which to advise the
Approving Agent that it disapproves such variance,
provided that such disapproval shall be exercised
in good faith by the City. The Approving Agent
shall not grant a variance hereunder until either
the ten (10) days referred to above has passed
without comment from the City in writing or until
the City has delivered to the Approving Agent a
written approval of the variance."
3. With regard to Subparagraph D.2J.. of the
.Declaration, the following words are hereby inserted at
the end of the third line thereof: "the City and/or"; and
at the end of said Subparagraph, the words "or the City" are
hereby added thereto.
4. With regard to Subparagraph D.3J of the Declara-
tion, the following words are hereby inserted following the
words "Approving Agent" in line 1 thereof: "the City or".
5. With regard to Subparagraph D.6.. of the Declara-
tion, the following language is hereby inserted following the
word "thereto" in the fourth line from the bottom of said
Subparagraph:
"provided, however, that no such termination,
extension, modification or amendment shall be
effective without the written consent of.the
City thereto."
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TO 1945 CA |
(Corporation)
STATE OF CALIFORNIA
• rnuNTYOP SAN DIEGO
Otu-SrlT^TI
bb3
SS'
TITLE INSURANCE
AND TRUST
ATK<wco«p«Nr
.before me, the undersigned, a Notary Public in and for said
Slate, personally appeared Robert C. FraZ66 ,
known to me to he the MAYOR jfcSJftKt. and Nora K... GARDINER . . .
known to me to tv Depty City Clerk <&&CXy
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signature ^J~lu^t'Lifft IcJ - *-/&.' (, V~<-T-w
XS^ijX OFFICIAL SEAL •
fe^» SHEILA B. TARVIN s
^eSS' SAN DIEGO COUNTY "
My Commission Expires Nou. 24. 1978 ' 3
(This area for official notarial seal)
662
IN WITNESS WHEREOF, this Amendment to Declaration
of Covenants and Restrictions is executed as of the date
first above written.
PALOMAR AIRPORT BUSINESS PARK
By: MB-PALOMAR, INC., a general
partner
Its
STATE OF CALIFORNIA
COUNTY OF
)
) SS.
On jla.^/ f3t ?)S)(__ , 1977, before me, the undersigned,
a Notary Public ii/ and for "said State, personally appeared
Akio Kato, known to me to be the ^/j <e_ -iW7axW _ o f MB-PALOMAR,
INC., the corporation that executed the witni*r"Instrument,
known to me to be the person who executed the within Instru-
ment on behalf of the corporation therein named, said cor-
poration being known to me to be one of the partners of PALO-
MAR AIRPORT BUSINESS PARK, the partnership -that executed the
within Instrument and acknowledged to me that such corpora-
tion executed the within Instrument as such partner and
that such partnership executed the same.
WITNESS my hand and official seal.
EU.S:; x. •
ITNESS my hand»«l»»W¥i ,<•.'.„ M..11/.-,..,.,' ;iv;.'..%. M&> •;*• "ftw'w'lil
811 W. 6th ST.. LOS ANGELES. CAUF, 900S7
AGREED TO AND APPROVED THIS
7Z&DAY OF -fWjZjL J. , 1977T
THE CITY OF CARLSBAD
By_
Its Mayor
NOTARY PUBLIC
Its Decfut-v .Gitv .tlerk' •.-. o -• ~- .-.,•' : /.;:
(The Acknowled:gmpn..t.;for -t:h:e City is to be attached.)
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*«
ORDINANCE NO. 9371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF
THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE
FROM A-l-8 (COUNTY) TO P-14 (PLANNED INDUSTRIAL)
ON 337.15 ACRES OF LAND LOCATED IN THE SOUTH-
WEST QUADRANT OF THE INTERSECTION OF PALOMAR
AIRPORT ROAD AND EL CAMINO REAL. :
The City Council of the City of'Carl s.bad, California, does .
orda in as foilows: ' * ' .
SECTION 1 . The following described real property is granted
a change of zone from A-l-8 (County) to P-M (Planned Industrial):
All that portion of Lot "G" of Rancho Aqua Hedionda in
the County of San Diego, State of California, according
to Map thereof,No. 8,23, filed in the Office of the
County Recorder of said County November 16, 1896".
.EFFECTIVE DATE: This ordinance shall be effective thirty
(30) days after its adoption and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen (15) days after
it adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 20th day of November ,
1973, and thereafter; •
PASSED AND ADOPTED at a regular meeting of said Council held
on the 4th day of December , 1973 by the following vote,
to wit:
AYES: Cmn. Dunne, McComas,. Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
•Attest:
VID M. DUNNE, Mayor
Seal)
*
request of and
when recorded mail to:
STEPHENS, JONES, LA FEVER & SMITH
800 Wilshire Boulevard
Los Angeles, California 90017 ClTy
DECLARATION OF COVENANTS 'AND RESTRICTIONS
WHEREAS, CC&F PALOKAR PROPERTIES, INC., a California
corporation, ("CC&F") is the owner of all 4that certain real
property located in the City of Carlsbad, County of San Diego,
State of California, more particularly described in Exhibit "A",
attached hereto and incorporated herein by reference thereto
(the "Property11) ; and
WHEREAS, it is the desire and intention of CC&F to de-
velop all'of the Property as an industrial center; and
WHEREAS, iz is the desire and intention of CC&F to im-
pose upon the Property mutually beneficial restrictions under
a general plan of improvement for the benefit of all of said
Property, the improvements -thereon and the future owners thereof.
. ' NOW/ THEREFORE, CC&F hereby declares "that the Property
is held and shall be held, conveyed, hypothecated, encumbered,
leased, rented, used, occupied and improved, subject to the
following limitations, restrictions and covenants, all of which
are declared and agreed to be in furtherance of a plan for the
subdivision, improvement and sale of the Property and all of
which are established and agreed upon for the purpose of enhanc-
ing and perfecting the value, desirability and attractiveness of
the Property and every part thereof. All of the limitations,
covenants and restrictions shall run with the Property and shall
be binding on all parties having or acquiring any right, title or
interest in the Property made subject hereto or any part thereof,
and shall inure to the benefit of and bind each owner thereof and
their respective successors in interest, and are imposed upon
said Property, and each and every portion thereof as a servitude
in favor of said Property and each and every portion thereof as
the dominant tenement, or tenements, all as' follows, to wit:
A. DEFINITIONS.
1. "Approving Agent" shall mean,.in the following order
of precedence:
(a) CC&F, so long as it owns any interest in the
Property; or thereafter
(b) Any corporation, association or trust controlled
by CC&F or with which CC&F has been merged or
consolidated or by which CC&F has been acquired,
all as certified of record by CC&F (hereinafter
called CC&F's Successor) so long as it owns any
r
interest in the Property and provided it has
been granted of record by CC&F the exclusive
right to approve plans and grant variances as
hereinafter set forth; or thereafter
(c) Any association (whether or not incorporated)
organized by a majority of the owners of re-
cord of the Property or parts thereof for the
purpose, among others, of approving plans and
granting variances as hereinafter provided, in
which membership is available to all such own- •
ers without charge, provided CC&F or CC&F's
Successor has granted to itr-of record the ex-
clusive right to approve plans and grant vari-
ances as hereinafter set forth which CC&F agrees
will be done by it or CC&F'3 Successor before
CC&F or CC&F's Successor ceases to own any in-
terest in the Property if written request there-
for is received prior to that time.
2. "Site" shall mean an area of land in the same ownership
either shown as one lot on a recorded plan or, if not
so shown, described as the Site for one or more build-
• "ings by the owner in a recorded instrument, whether or
not in either case acquired at one time or previously
so shown as more than one lot, or shown or described
for the purpose of lease but not of conveyance as more
than one lot. If an easement or easements over any
portion or portions of a Site established by. recorded
plan or recorded instrument .then exist or exists or
is or are reserved by "CC&F for any purpose whatsoever,
the area of such portion or portions shall be included
in computing the area of that Site. If subsequent to
the establishment of a Site by recorded plan or re-
..•-•" corded instrument, any portion or portions thereof
are for railroad, street, highway, utility or public
purpose taken by right of eminent domain, or deed in
lieu thereof, or dedicated or conveyed pursuant to
reservation by CC&F, the area of such portion or por-
tions shall .continue to be included thereafter in
computing the area of that Site.
3. "Declaration1"' shall mean this Declaration of Covenants
and Restrictions, as it may from time to time be amended
or supplemented.
4. "Restrictions" shall mean the covenants/ conditions ana
restrictions set forth in the Declaration.
B. . RESTRICTIONS.
1. No building shall be constructed upon any Site:
(a) Within forty (40) feet measured at right angles
from -the nearest edge of the right-of-way of
any abutting street in existence at the time
of such construction;
(b) With less than the minimum side yards required
by law, but even if permitted by lav.7, with
sideyards which have an aggregate total of
less than twenty-five (25) feet. This restric-
-2-
tion is intended to permit the rr.iniinura sideyards
required by law but no less than an aggregate of
twenty-five (25) feet when both sideyards are
added together;
(c) With exterior walls constructed other than of
tilt-up concrete, masonry, or equal material;
and the construction of metal, prefabricated or -.
butler-type buildings shall be prohibited; and
(d) With a roof having a difference in elevation of
more than three (3) feet unless approved in the
manner provided in Section C hereinbelow.
2. There shall be maintained on each Site only buildings,
paved walks, paved parking lots, paved driveways, lawn
and landscaping and natural growth in undisturbed areas,
the construction and/or installation of which shall be
subject to the approval of the Approving Agent in accor-
dance with the provisions of this Declaration; provided,
however, that at least, two-thirds (2/3) of the surface
of the required set-back area from streets shall be
maintained in lawns and provided further that natural
growth may remain on those portions of the Site side
and rear yard areas which have not been disturbed by
the construction of improvements on the Site. No tree
located within any Site having a trunk diameter of
- more than three (3) inches measured three feet off the
ground shall be removed unless approved in writing by
the Approving Agent.^
3. There shall be maintained on each Site facilities for
loading and unloading sufficient to serve the business
conducted thereon without using adjacent street therefor.
4. Adequate off-street parking shall be provided to accom-
modate all parking needs for employee, visitor and com-
pany vehicles on the Site. The intent of this provi-
sion is to eliminate the need for any on-street park-
ing. Parking shall not be permitted between public
street pavement and a property line or closer than ten
(10) feet to a street property line. No use shall be
made of any Site which will attract parking in excess
of the parking spaces then available thereon. Not less
than three percent (3%) of the parking area of any Site
shall contain landscaped islands.
5. Each site shall be used only for manufacturing, pro-
cessing, storage, wholesale, office, laboratory, pro-
fessional and research and development activities; and
there shall not be permitted any junk or salvage yard
or any other use which will be offensive to the neigh-
borhood by reason of odor, fumes, dust, smoke, noise,
glare, heat, sound, vibration, electro-mechanical dis-
turbances, electro-magnetic disturbances, radiation,
air or water pollution or will be hazardous by reason
of danger of fire or explosion. No use of 'the Site
shall be permitted which will result in the discharge
of to-xic matters into any sewer system serving the
Site. Retail uses shall be limited to sales of goods
and services reasonably required for the convenience
of occupants within the Property such as restaurants,
drug stores, barber and beauty shops, shoe repair
shops, cleaners, post offices, banks and automobile
service stations; and no such retail uses shall be
approved in the manner hereinafter provided.
-3-
The exterior of all structures and all walks, drive-
ways, lawns and landscaping on each Site shall be main-
tained in good order, repair and condition; and all
exterior painted surfaces shall be maintained in first-
class condition and shall be repainted at least once
in every four (4) years.
Unless specifically approved in writing by the Approv-
ing Agent, no materia.ls^ s^22lJ^^_-jQ^L^fiuipae.nt. ...shall
be stored inany"area on a Site except inside a closed
i3tf£ld'ing_..or~'behind a sol idj^rs_ual__barrier ,_cons true ted
of material acceptable to the Approving Agent, which
screens such areas so that the stored items are not
visible to a person six (6) feet "tall standing on any
part of the neighboring property or public streets at
an elevation no greater than the elevation of the base
of the items being viewed. All roof-mounted mechanical
equipment, utility installations, duct work, radar equip-
ment, radio or television antenna or any other devices
which project vertically more than 1-1/2 feet above the
roof or roof parapet shall be screened by a solid visual
barrier which is detailed consistent with the building.
8. No buildings or structures shall be erected, or exterio:
structural alterations or additions made on any Site
except pursuant to plans and specifications approved in
the manner hereinafter provided as to landscaping and
.architectural conformity to an industrial center. The
requirement of approval set forth in this paragraph is
in addition to, and not"in substitution for any and all
other restrictions herein contained.
9.All on-site utility
underground.
ransmission lines shall be placed
No exterior signs of any type which normally would be
visible from the neighboring properties or public
streets shall be placed or maintained on any Site or
building unless the same shall have been first approved
in writing by the Approving Agent. Said approval shall
not be unreasonably withheld provided that plans for
the proposed sign or signs and the location of the
same on the Site or building are submitted to the
Approving Agent and provided that the design, type and
location conform to any sign standards as may be then
generally established by the Approving Agent and in
effect with respect to the Property. •
PPROVALS, VARIANCES AND WAIVERS . '
1. So long as there is an Approving Agent it shall have
the exclusive right to grant approvals required by the
Restrictions and to waive or vary the Restrictions in
particular respec-cs whenever in its opinion such waiver
or variance will not be detrimental " to the intent and
purpose of this Declaration.
2. After there ceases to be an Approving Agent the owners
of record of the land in the Property abutting upon
each Site shall have the exclusive right to grant ap-
provals 'required by the Restrictions and the owners
of record of -cwo-thirds (2/3) in area of land in the
Property within five hundred (500) feet of each
Site (said area to be defined by a line parallel to
the boundaries of each Site and located five.hundred
(500) feet therefrom) shall have the exclusive right
to waive or vary the Restrictions in particular re-
spects whenever in their opinion such waiver or vari-
ance will not be detrimental to the intent and.purpose
of this Declaration.
3. Any person having an interest in'any Site may rely
upon any instrument of -record signed by the Approving
Agent or after there ceases to be an Approving Agent
by the appropriate owners referred to above purporting
to grant an approval or to waive or vary the Restric-
tions in particular respects."
4. Any construction, other than exterior signs, driveways,
parking areas, grading, landscaping, fences and screens,
completed for more than three (3) months shall be deemed
approved, unless prior to the expiration of such period
a suit for enforcement has been commenced and notice
thereof duly recorded. No owner of any Site shall be
responsible except for violations occurring-while owner.
D. ENFORCEMENT..— ^
1. All of the provisions herein contained shall run with
the land and shall be enforceable .at lav; and in equity.
2. So long as there is an Approving Agent it shall have
the exclusive right to enforce the provisions hereof,
without liability for failure so to do, except that
each owner of record of land in the Property shall
have the right to enforce the provisions hereof then
applicable to any Site if the Approving Agent shall
fail so to do within thirty (30) days after written
request from any such owner.
3. After there ceases to be an Approving Agent, each owner
of record of land in the Property shall have the right
to enforce the Restrictions then, applicable to any Site
without liability for failure so to do.
4. (a) In addition to the right to proceed in equity for
the enforcement of the Restrictions, in the event
that the Restrictions are violated or breached,
the Approving Agent may, without liability for
failure .so to do, enter upon the Site of said
violation or breach and take whatever action it
may deem necessary to abate and remove noncon-
forming uses or to otherwise effect compliance with
the Restrictions, at the expense of the owner of
said Site, provided that the Approving Agent shall
have given to the owner of said Site at least sixty
(60) days' written notice of its intention to do
so and said owner of.said Site shall have failed
to correct said violation or breach; and in such
case said owner of said Site shall be responsible
to reimburse the Approving Agent forthwith upon
demand for all costs and expenses incurred in
connection therewith ("Koncompliance Expenses")
in accordance with the provisions of subparagraph
D.4.(b) hereinbelow.
(b) In order to provide for the implementation of the
provisions of subparagraph D.4. (a) above, each
owner of any Site within the Property by acceptance
of a deed or other conveyance therefor, whether or
not it shall be so expressed in any such deed or
other conveyance, is and shall be deemed to covenant
and agree to pay to the Approving Agent an assess-
ment for any Noncorapliance Expenses incurred by the
Approving Agent in connection with such owner's
Site.
'(1) The Approving Agent shall maintain accurate
books and records reflecting any Noncompliance
Expenses, and shall provide each owner of an
affected Site a statement with respect thereto.
Each affected owner shall pay any Noncompliance
Expenses applicable to such owner's Site within
10 days following the receipt of such statement.
If such statement is deposited in the United
States mail in the State of California, duly
certified or registered with postage prepaid and
addressed to the owner affected thereby at his
Site,, the same shall be deemed received by such
Owner 72 hours after such deposit.
(2) Any Noncompliance Expenses assessments, together
with such interest thereon and costs of collection
thereof as provided hereinbelow, shall be a charge
on the land and shall be a continuing lien upon
the Site against which such assessments are made.
The lien shall become effective upon recordation
of a notice of claim of lien as provided herein.
This assessment, together with such interest and
costs, shall also be the personal obligation of
the person or entity who is the owner of such Site
at the time when the assessment, or any portion
. thereof, fell due and shall bind his heirs,
devisees, personal representatives, successors
and assigns. However, the personal obligation
shall not pass to his successors in title unless
expressly assumed by them. No owner may waive
or otherwise escape personal liability for the
assessment provided herein by nonuse or abandon-
ment of his Site.
(3) If any Noncompliance-Expenses assessment or any
portion thereof is not-paid within 10 days after
the due date it shall bear interest from the date
of delinquency at the then legal rate, and, in
addition to all other legal and equitable rights
or remedies, the Approving Agent may, at its op-
tion, bring an action at law against the owner
who is personally obligated to pay the same, or,
upon compliance with the notice provisions set
forth hereinbelow, to foreclose the lien against
the Site, and there shall be added to the amount
of such assessment or any portion thereof, the
interest thereon, all costs and expenses, includ-
ing reasonable attorney's fees, incurred by the
-6-
0
Approving Agent in collecting the delinquent
assessment. In'lieu of judicially foreclos-
ing the lien, the Approving Agent, at its
option, may foreclose such lien by proceeding
under a power of sale as provided hereinbelow,
such a power of sale being given to the Approv-
ing Agent as to each and every Site for the
purpose of collecting assessments. Each
owner vests in'the Approving Agent, its suc-
" cessors or assigns, the right and power to
bring all actions of lav; or lien foreclosure
against such owner or other owners for pur-
poses of collecting deli-nquent assessments.
(4) No action shall be brought to foreclose the
lien, or to proceed under the power of sale,
less -than, thirty (30) days after the date that
a notice -of claim of lien, executed by the
Approving Agent, is recorded with the San
Diego County Recorder, said notice stating
the amount claimed (which may include interest
and cost of collection, including reasonable
attorney's fees), a good and sufficient legal
description of the Site being assessed, the
name of the record owner or reputed owner
thereof, and. the name and address of the
Approving Agent as claimant. A copy of said
notice of claim shall be deposited in the
United States mail, certified or registered,
and postage prepaid, to the owner of the Site.
(5) Any such sale provided for above shall be con-
ducted in accordance with Sections 2924, 2924 (b)
and 2924 (c) of the Civil Code of the State
of California, applicable to the exercise of
powers of sale in mortgages and deeds of trust, -
or in any other manner permitted or provided
by law. The Approving Agent shall have the
power to bid on the Site at the foreclosure
sale, and. to acquire and hold, mortgage and
convey the same.
(6) Upon the timely curing of any default for which
a notice of claim of lien, was recorded by the
Approving Agent, the Approving Agent is hereby
authorized to file or record, as the case may
be, an appropriate release of such notice,.upon
payment by the defaulting owner of a fee to be
determined by the Approving Agent, but not to
exceed Twenty-Five Dollars ($25.00), to cover
the costs of preparing and filing or recording
such release together with the payment of such
other costs, interest or fees as shall have
been incurred.
(7) The assessment lien and the rights to fore-
closure and sale thereunder shall be in addi-
tion to and not in substitution for all other
rights and remedies which the Approving Agent
and its successors and assigns may have here-
under and by law.
-7-
(8) The lien of the Koncorapliance Expenses assess-
- ments provided for herein shall be. subordinate
to the lien of any deed of trust or mortgage
now or hereafter placed upon any of the Sites
v.Tithin the Property subject'to such assessments;
provided, however, that such subordination shall
apply only to the assessments which have become
due and payable prior to a sale or transfer of
such Site pursuant to a decree of foreclosure,
or any other proceeding in lieu of foreclosure.
Such sale or transfer shall not relieve such
Site from liability for any assessments there-
after becoming due, nor from the lien of any
such subsequent assessment.
(c) The Approving Agent shall have the right to prose-
cute a proceeding at law.or in equity against any
person or persons who have violated or are attempt- •
. ing to violate any of the Restrictions, to enjoin
or prevent them from doing so, to cause said vio-
lation to be remedied and/or to recover damages
for said violation.
(d) The result of every action or omission whereby the
Restrictions are violated, in whole or in part is
hereby declared to be and to constitute a nuisance,
and every remedy allowed by law or equity in nuis-
ance shall be available to the Approving Agent.
(e) In legal or equitable proceedings to enforce or
to restrain a violation of the Restrictions or
any- provisions hereof, the losing party or parties
shall pay the attorneys' fees of-the prevailing
party or parties in such amount as may be fixed
by the court in such proceedings.
(f) All remedies provided herein or at lav: or in equity
shall be cumulative and not exclusive.
(g) Failure by the Approving Agent to enforce the Re-
strictions or any provision herein contained shall
in no event be deemed a waiver of the right to
do so thereafter.
(h) The Restrictions are enforceable to the.extent
not prohibited by applicable statute, 'ordinance,
regulation or other law. Invalidation of any one
of the Restrictions or any provision herein con-
tained by judgment or Court order shall not
affect any other Restriction or other provisions,
each of which shall remain in full force and
effect.
The Restrictions shall continue to remain in full force
and effect at all times with respect to all the Prop-
erty and each part thereof, now and hereafter made sub-
ject thereto Csubject, however to the right'to amend
and repeal as provided for herein) for a term of thirty
C30) years from the date this Declaration is recorded.
However, unless within one (1) year prior to the expi-
ration of said thirty (30) year term there shall be
recorded an instrument conforming to the provisions of
paragraph 6 hereinbelow directing the termination of
o
the Restrictions, the Restrictions as in effect im-
mediately prior to the expiration date of said thirty
(30) year term shall be continued automatically with-
out any further notice for an additional period of
five (5) years and thereafter for successive terms
of five (5) years unless within one (1) year prior
to the expiration of any such five (5) year period
the Restrictions are terminated as set forth below
in paragraph 6.
This Declaration, the Restrictions or any provision
contained herein may be terminated, extended, modi-
fied or amended as to the whole property or any
portion thereof, with the written consent of the owners
of seventy-five percent (75%) of the Property based on
the number of square feet of the Property owned as
compared to the total number of s'quare feet of the
Property subject to the Restrictions, with each owner
receiving one vote for each square foot of Property
owned.; provided, however, that so long as the Approving
Agent owns at least twenty-five percent (25%) of the
Property subject to the Restrictions or for a period
of fifteen (15) years from the effective date hereof/
whichever period is longer, no such termination, ex-
tension, modification or amendment shall be effective
without the written consent of the Approving Agent
thereto. No such termination, extension, modification
or amendment shall be effective until a proper instru-
ment in writing has been executed and acknowledged and
recorded in the County of San Diego.
EXECUTED this , '^'//^/day of •:-—^.x-^xL...- _, 1974.
CC&F PALOMAR PROPERTIES, INC.
/ 7
-9-
STATE OF CALIFORNIA )
)
COUNTY 0? /-.£._•> v7/v/6-r£<^)
On -\/ // /. y / > '/ /•--• before rne, the undersigned,
a Notary Public in and for said State, personally appeared
•'• -l I--'- '•••- • • known to me to be the
l/tr ' "°President, and _/\r-_.'^f- _/C 7 C..~._/3,^> <.-/?
known to me to be .-'/ =>---./ ^.//.y/^-^ Secretary of the corporation
that executed the within Instrument, known to me to be the
persons who executed the within instrument on behalf of the
corporation therein named/ and acknowledged, to me that such
corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors .
WITNESS my hand and official seal.
j-<. I -^' \ /
Signature-../.4;.U-; ^ L. /?( /'i- /:£•-/'£.--*
'-'•'" ^~) 1 r*'f'/
Naifie (Typed or Printed)
~ W'
-10-
5p-'£/I V
Recorded at request of and
when recorded mail to:
STEPHENS, JONES, LA FEVER &'SMITH
800 Wilshire Boulevard
Los Angeles, California 90017
SPECIFIC PLAN
DECLARATION OP COVENANTS AND RESTRICTIONS
WHEREAS, CC&P Palomar Properties, Inc., a California
corporation, ("CC&F") is the owner of all that certain real
property located in the City of Carlsbad, County of San
Diego, State of California, more particularly described
in Exhibit "A", attached hereto and incorporated herein by
reference thereto (the "Property"); and
WHEREAS, it is the desire and intention of CC&F to de-
velop all of the Property as an industrial center; and
WHEREAS, it is the desire and intention of CC&F to im-
pose upon the Property mutually beneficial restrictions under
a general plan of improvement for the benefit of all of said
Property, the improvements thereon and the future owners thereof.
NOW, THEREFORE, CC&F hereby declares that the Property
is held and shall.be held, conveyed, hypothecated, encumbered,
leased, rented, used, occupied and improved, subject to the
following limitations, restrictions and covenants, all of which
are declared and agreed to be in furtherance of a plan for the
subdivision, improvement and. sale of the Property and all of
which are established and agreed upon for the purpose of enhanc-
ing and perfecting the value, desirability and attractiveness of
the Property and every part thereof. All of the limitations,
covenants and restrictions shall run with the Property and shall
be binding oh all. parties having or acquiring .any right, title or
interest in the Property made subject hereto or any part thereof,
and shall inure to the benefit of and bind each owner thereof and
their respective successors in interest, and.are imposed upon said
Property, and each and every portion thereof as a servitude in favor
of said Property and each and every portion thereof as the domi-
nant tenement, or tenements, all as follows, to wit:
A. DEFINITIONS.
"Approving Agent" shall mean, in the following order
of precedence:
(a) CC&F, so long as it owns any interest in the
Property; or-thereafter
(b) Any corporation, association or trust controlled
by CC&F or with which CC&F has been merged or
consolidated or by which CC&F has been acquired,
all as certified of record by CC&F (hereinafter
called CC&F's Successor) so long as it owns any
interest in. the Property and provided it has
been granted of record by CC&F the exclusive
right to approve plans and grant variances as
hereinafter set forth; or thereafter
(c) Any association (whether or not incorporated)
organized by a majority of the owners of re-
cord of the Property or parts thereof for the
purpose, among others, of approving plans and
. granting variances as hereinafter provided, in
which membership is available to all such own-
1 . . ers without charge, provided CC&F or CC&F's
Successor has granted to it of record the ex-
clusive right to approve plans and grant Vari-
• ances as hereinafter set forth which CC&F agrees
will be done by it or CC&F's Successor before
CC&F or CC&F's Successor ceases to own any in-
terest in the. Property if written request there-
for is received prior to that time.
2. "Site" shall mean an area of land in the same ownership
either shown as one lot on s. recorded plan or, if not
so shown, described as the Site for one or more build-
ings by the owner in a recorded instrument, whether or
not in either case acquired at one time or previously
so shown as more than one lot, or shown or described
for the purpose of lease but not of conveyance as more
than one lot. If an easement or easements over any
portion or portions of a Site established by recorded
plan or recorded instrument then exist or exists or
is or are reserved by CC&F for any purpose whatsoever,
the area of such portion or portions shall be included
in computing the area of that Site. If subsequent to
the establishment of a Site by recorded plan or re-
corded instrument, any portion or portions thereof
are for railroad, street, highway, utility or public
purpose taken by right of eminent domain, or deed in
lieu thereof, or dedicated or conveyed pursuant to
reservation by CC&F, the area of such portion or por-
tions shall continue to be included thereafter in
computing the area of that Site.
3. "Declaration" shall mean this Declaration of Covenants
and Restrictions, as it may from time to time be amended
or supplemented.
4. "Restrictions" shall mean the covenants, conditions and
restrictions set forth in the Declaration.
5. "The City" shall mean the City of Carlsbad, County of
San Diego, State of California.
B. RESTRICTIONS.
1. No building shall be constructed upon any Site:
(a) Within forty (40) feet measured at right angles
from the nearest edge of the right-of-way of
any abutting street in existence at the time
of such construction?
«
(b) With less than the minimum sideyards required
by. lav?, but even if permitted by. law, with
sideyards which have an aggregate total of
• .less than twenty-five (25) feet. This restric-
tion is intended to permit the minimum sideyards
required .by law but no less than an • aggregate of
twenty-five (25) feet when both sideyards are
. added together;
(c) With exterior walls constructed other than of
tilt-up concrete, masonry, or equal material;
and the construction of metal, prefabricated or
butler-type buildings shall be prohibited; and
(d) With a roof having a difference in elevation of
more than two (2) feet unless approved in the
manner hereinafter provided.
2. There shall be maintained on each Site only buildings,
paved walks, paved parking lots, paved driveways, lawn
and landscaping, natural growth in undisturbed areas,
the construction and/or installation: of which shall be
subject to the approval of the Approving Agent in
accordance with the provisions of this Declaration;
provided, however, that at least two-thirds (2/3) of
the surface of the required, set-back area from streets
shall be maintained in lawns or other landscaping, and
provided further that natural growth may remain on those
portions of the Site side and rear yard areas which
have not been disturbed by the construction of improve-
ments on the Site.
3. There shall be maintained on each Site facilities for
loading and unloading sufficient to serve the business
conducted thereon without using adjacent street therefor.
4. Adequate off-street parking shall be provided to accom-
modate all parking needs for employee, visitor and com-
pany vehicles on the Site. The intent of this provi-
sion is to eliminate the need for any on-street park-
ing. Parking shall not be permitted between public
street pavement and a property.line or closer than ten
(10) feet to a street property line. No use shall be
made of any Site which will attract parking in excess
of the parking spaces then available thereon. Not less
than two percent (2%) of the parking area of any Site
'shall contain landscaped islands.
5. Each site shall be used only for manufacturing, pro-
cessing, storage, wholesale, office, laboratory, pro-
fessional and research and development activities; and
.* there shall not be permitted any junk or salvage yard
or any other use which will be offensive to the neigh-
borhood by reason of odor, fumes, dust,, smoke, noise,
glare, heat, sound, vibration, electro-mechanical dis-
turbances, electro-magnetic disturbances, radiation,
air or water pollution or will be hazardous.by reason
of danger of fire or explosion. No use of the Site
shall be permitted which will result in the discharge •
of toxic matters into any sewer system serving the
Site. Retail uses shall be limited to sales of goods
and services reasonably required for the. convenience
of occupants within, the Property such as restaurants,
drug stores, barber and beauty shops, shoe repair
shops, cleaners, post offices, banks and automobile
service stations; and no such retail uses shall be
undertaken unless and until the same shall have been
approved in the manner hereinafter provided.
The exterior of all structures and all walks, drive-
ways, lawns and landscaping on each Site shall be main-
tained in good order, repair and condition; and all
exterior painted surfaces shall be maintained in first-
class condition and shall be repainted at least once
in every four (4) years.
Unless specifically approved in writing' by the Approv-
ing Agent, no materials, supplies or equipment shall
be stored in any area on a. Site except inside a closed
building or behind a solid visual barrier, constructed
of material acceptable to the Approving Agent, which
screens such areas so that the stored.items are not
visible to a person six (6) feet tall standing on any
part of the neighboring property or public streets at
an elevation no greater than -the. elevation of the base
of the items being viewed. All roof-mounted mechanical
equipment, utility installations, duct work, radar equip-
ment, radio or television antenna or any other devices
which project vertically more than 1-1/2 feet above the
roof or roof .parapet shall be screened by a solid visual
barrier which is detailed consistent with the building.
No buildings or structures shall be erected, or exterior
structural alterations or additions made on any Site
except pursuant to plans and specifications approved in
.the manner hereinafter provided as to landscaping and
architectural conformity to an industrial center. The
requirement of approval set forth in this paragraph is
in addition to, and not in substitution for any and all
other restrictions herein contained.
No exterior signs of any type which normally would be
visible from the neighboring properties or public
streets shall be placed or maintained on any Site or
building unless the same, shall have been first approved
in writing by the Approving" Agent. Said approval shall
not be unreasonably withheld provided that plans for
_ the. proposed sign or signs and, the location of the
same on the. Site or building are submitted to the
Approving Agent and provided that the design, type and
location' conform to any sign standards as may be then
generally esta.bli.shed by the Approving Agent and in
effect with respect to the Property.
. ,«•
10. Street lighting standards constructed on any Site shall
conform with all applicable governmental requirements
and shall be installed within the appropriate distances
relating to driveways and/or curb cuts on such Sites.
C. APPROVALS, VARIANCES AND WAIVERS.
1. So long as there is an Approving Agent it shall have
the exclusive right to grant approvals required by the
-4-
Restrictions and to waive or vary the Restrictions in
particular respects whenever in its opinion such waiver
or variance will not be detrimental to the intent and
purpose of this Declaration.
2. After there ceases to be an Approving Agent the owners
of record of the land in the Property abutting upon
each Site shall have the exclusive right to grant ap-
provals required by the Restrictions and the owners
of record of two-thirds (2/3) in area of land in the
Property within five hundred (500) feet of each
Site (said area to be defined by a line parallel to
the boundaries of each Site and located five hundred
(500) feet therefrom) shall have the exclusive right
to waive or vary the. Restrictions in particular re-
spects whenever in their opinion such waiver or vari-
ance will not be detrimental to the intent and purpose
of this Declaration.
3. Any person having an interest in any Site may rely
upon any instrument of record signed by the Approving
upon any instrument of record signed by the Approving
Agent or after there ceases to be an Approving Agent
by the appropriate owners referred to above purporting
to grant an approval or to waive or vary the Restric-
tions in particular respects. ...
4. Any construction, other.than exterior signs, driveways,
parking .areas, grading, landscaping, fences and screens,
completed for more than three (3) months shall be deemed
.. approved, unless prior to the expiration of such period
a suit for enforcement has been commenced and notice
thereof duly recorded. No owner of any Site shall be
responsible except for violations occurring while owner.
5. Notwithstanding anything to the contrary contained in
this Paragraph C, no waiver or variance of the Restric-
tions shall be effective without the prior written con-
sent of The City.
D. ENFORCEMENT. . • •
1. All of the provisions herein contained shall run with
the land and shall be enforceable at law and in equity.
2. So long as there is an Approving Agent it shall have
the exclusive right to enforce the provisions hereof,
without liability for failure so to do, except that
The City and/or each owner of record of land in the
Property shall have the right to enforce the provi-
• -•* . sions hereof then applicable to any Site if the Approv-
ing Agent shall fail so to do within thirty (30) days
after written request from any such owner or The City.
3. After there ceases to be an Approving Agent, The City
or each owner of record of land in the Property shall
have the right to enforce the Restrictions then appli-
cable to any Site without liability for failure so
to do. .
-5-
4. (a) In addition to the.right to proceed in equity for
the enforcement of the Restrictions, in the event,
that the Restrictions are violated or breached,
the Approving Agent may, without liability for v
failure so to do, enter upon the Site of said
violation or breach and take whatever action it
may deem necessary to abate and remove noneon-
forming uses or to otherwise effect compliance with
. the Restrictions, at the expense of .the owner of
said Site, provided that the Approving Agent shall
have given to the owner of said Site at least sixty
(60) days' written notice of its intention to do
so and said owner of said Site shall have failed
to correct said, violation or breach; and in such
case said owner of said Site shall be responsible
to reimburse the Approving Agent forthwith upon
demand for all costs and expenses incurred in
connection therewith ("Noncompliance Expenses")
in accordance with the provisions of subparagraph
D.4.(b) hereinbelow.
(b) In order to provide for the implementation of the
provisions of subparagraph D.4.(a) above, each
owner of any Site within the Property by acceptance
of a deed or other conveyance therefor, whether or
not it shall be so expressed in any. such deed or
other conveyance, is and shall be deemed to covenant
and agree to pay to the Approving Agent an assess-
ment for any Noncompliance Expenses incurred by the
Approving Agent in connection with such owner's
Site. .
(1) The Approving Agent shall maintain accurate
books and records reflecting any Noncompliance
Expenses, and shall provide each owner of an
affected Site a statement with respect thereto.
Each affected owner shall pay any Noncompliance
Expenses applicable to such owner's Site within
10 days following the receipt of such statement.
If such statement is deposited in the United
States mail in the State of California, duly
certified or registered with postage prepaid and
. .. .addressed to the owner affected thereby at his
Site, the same shall be deemed received by such
Owner 72 hours after such deposit.
(2) Any Noncompliance Expenses assessments, together
with such interest thereon and costs of collection
thereof as provided hereinbelow, shall be a charge
, . on the land and shall be. a continuing lien upon
the Site against which such assessments are made.
•" . The lien shall become effective upon recordation
of a notice of claim of lien as provided herein.
This assessment, together with such interest and
costs, shall also be the personal obligation of
the person or entity who is the owner of such Site
at the time when the assessment, or any portion
thereof, fell due and shall bind his heirs,
devisees, personal representatives, successors
and assigns. However/ the personal obligation
shall not pass to his successors in title unless
-6-
expressly assumed by them. No owner may waive
or otherwise escape personal liability for the
assessment provided herein by nonuse or abandon-
ment of his Site,
(.3) If any Noncompliance Expenses . assessment or any
portion thereof is not paid within 10 days after
the due date it shall bear interest from the date
of delinquency at the then legal rate, and, in
addition, to all other legal and equitable rights
or remediesf- the Approving Agent may, at its
option, bring an action at law against the owner
. who is personally obligated to pay the same, or,
upon compliance with the notice provisions set
forth hereinbelow, to foreclose the. lien against
. the Site, and there shall be added to the amount
of such assessment or any portion thereof, the .. /
interest thereon, all costs and expenses,.''in-
cluding reasonable attorney's fees, incurred by
. ..the Approving Agent in collecting the delinquent
1 assessment. In lieu of judicially foreclos-
ing the lien, the Approving Agent, at its
option, may foreclose such lien by proceeding
under a power of sale as provided hereinbelow,
. such a power of sale being given to the Approv-
ing Agent as to each and every Site for the
purpose of collecting assessments. Each owner
.vests in the Approving Agent, its successors or
. ' assigns, the right and power to bring all actions
. of law or lien foreclosure against such owner or
other owners for purposes of collecting delin-
quent assessments.
(4) No action shall be brought .to foreclose the
lien, or to proceed under the power of sale,
. less than thirty (30) days after the date that
a notice of claim of lien, executed by the
Approving 7\gentr- is recorded with the San
Diego County Recorder, said notice stating
. the amount claimed (which may include interest
and cost of collection, including reasonable
attorney's fees), a good and sufficient legal
description of the Site being assessed, the
. . name of the record .owner or reputed owner
thereof, and the name and address of the
'. Approving Agent as claimant. A copy of said
notice of claim shall be deposited in the
United States mail, certified or registered,
'and. postage prepaid, to the owner of the Site.
(5) Any such sale provided for above, shall be con-
ducted in accordance with Sections 2924, 2924 (b),
and 2924 (c) of the Civil Code of the State
of California, applicable to the exercise of
powers of sale in mortgages and deeds of trust,
or in any other .manner permitted or provided
. by law. The Approving Agent shall, have the
power to bid on the Site at the foreclosure
sale, and to acquire and hold, mortgage and
convey the same.
-7-
(6) Upon the timely curing of any default for which
a notice of claim, of lien was recorded by the
Approving Agent, the Approving Agent is hereby
authorized to file or record, as the case may
be, an appropriate release, of such notice, upon
payment by the defaulting owner of a fee to be
determined by the Approving Agent, but not to
exceed Twenty-Five Dollars ($25.00), to cover
the costs of preparing and filing or recording
'such release together with the payment of such
other costs, interest or fees as shall have
been incurred.
(7) The assessment lien and the rights to fore-
closure and sale thereunder shall be in addi-
tion to and not in substitution for all other
rights and remedies which the Approving Agent
and its successors and assigns.may have here-
under and by law.
(.8) The lien of the Noncompliance Expenses assess-
ments provided for herein shall be subordinate
to the lien of any deed of trust or mortgage
now or hereafter placed upon any of the Sites
within the Property subject to such assessments;
. provided, however, that such subordination shallaPPly only to the assessments which have become
due and payable prior to a sale or transfer of
such Site pursuant to a decree of foreclosure,
'' . or_any other proceeding in lieu of foreclosure.
' Such sale or transfer shall not relieve cuch
Site from liability for any assessments there-
after becoming due, nor from the lien of any
such subsequent assessment.
(c) The Approving Agent shall have the right to prose-
cute a proceeding at law or in equity against any
person or persons who have violated or are attempt-: ing to violate any of the Restrictions, to enjoin
or prevent them from doing so,, to cause said vio-
lation to be remedied and/or to recover damages
for said violation.
(d) The result of every action or omission whereby the
Restrictions are violated in whole or in part is
hereby declared to be and to constitute a nuisance,
and every remedy allowed by law or equity in nuis-
ance shall 'be'available to the Approving Agent.
(e) • In legal or equitable proceedings to enforce or
to restrain a violation of the Restrictions or
any provisions hereof, the losing party, or parties
shall pay the attorneys' fees of the prevailing
party or parties in such amount as may be fixed
by the court in such proceedings.
(f) All remedies provided herein or at law or in equity
shall be cumulative and not exclusive.
Cg) Failure by the Approving Agent to enforce the Re-
. strictions or any provision herein contained shall
in no event be deemed a waiver of the right to do
so thereafter.
-8-
* 4
(h) The Restrictions are enforceable to the extent
not prohibited by applicable statute, ordinance,
• regulation or other law. Invalidation of any one
of the Restrictions or any provision herein con-
tained by judgment or Court order shall not
affect any other Restriction or other provisions,
each of which shall remain in full force and
effect.
5. The Restrictions shall continue to remain in full force
and effect at all times with respect to all the Prop-
erty and each part thereof, now and hereafter made sub-
ject thereto (subject,- however to the right to amend
and repeal as provided for herein) for a term of thirty
(30) years from the date this Declaration is recorded.
However/ unless within one (1) year prior to -the expi-
ration of said thirty (30) year term there shall be
recorded an instrument conforming to the provisions of
paragraph 6 hereinbelow directing the term5.nat.ion of
the Restrictions, the Restrictions as in effect im-
mediately prior to the expiration date of said thirty
(30) year terra shall be continued automatically with-
out any further notice for an additional period of
five (5) years and thereafter for successive terms
of five (5) years unless;within one (1) year prior
to the expiration of any such five (5) year period
. the Restrictions are terminated as set forth below
in paragraph 6.
6. This Declaration, the Restrictions or any provision
• contained herein may be terminated, extended, modi-
fied, or amended cis to the whole Property or any por-
tion thereof with the written consent of the owners
of seventy-five percent (75%) of the Property based
on the number of square feet of the .Property owned
as compared to the total number of square feet of
the Property subject to the Restrictions, with each
owner receiving one vote for ea.ch square foot of
Property owned; provided, however., that so long as
the Approving- Agent owns at least twenty-five percent
(25%) of the Property subject to the Restrictions or
for a period of fifteen (15) years from the effective-
date hereof, whichever period is longer, no such ter-
mination, extension, modification or amendment shall
be effective without the written consent of the Ap-
proving Agent thereto; provided,' however, that no such
.termination, extension, modification or amendment shall
be effective without the written consent of The City
thereto. No such termination, extension, modification
or amendment shall be effective until a proper instru-
ment in writing has been executed and acknowledged and
recorded in the County of San Diego.
. . ^
EXECUTED this day of ; _, 1973.
CC&F PALOMAR PROPERTIES, INC. THE CITY OF CARLSBAD
By By
Its . Its
By By
Its Its
— 9 —
JOB NO.
4220
LEGAL DESCRIPTION FOR:
SPECIFIC PLAN
BY TF/eb
CHK'D—
Or"
DATE
10-25-73
SHEET
1 OF 2
Foi'M *68 DAWCO PRESS ftGINEERING COMPANY
5620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 92110
TELEPHONE . AREA CODE 714 . 291-O707
Legal description of Specific Plan Boundary as follows:
All that portion of Lot "G" of Rancho Agua Hedionda, in the County of San
Diego, State of California, according to Map thereof No. 823, filed in the
Office of the County Recorder of said County November 16, 1896, described
as follows:
Beginning at the closing corner common to Sections 22 and 23, Township 12
South, Range 4 West, San Bernardino Meridian, according to United States
Government Survey, in the South line of said Rancho Agua Hedionda; thence
along said South line South 89°26'40" East (Record=East), 2701.13 feet to
an intersection with the Northwesterly line of that certain.90.00 foot strip
of land described as Parcel 68374-A in deeds to the County of San Diego
recorded March 12, 1970 at File/Page No. 44690 and 44691 Official Records
of said County, said 90.00 foot strip being known as El Camino Real and shown
on San Diego County Road Survey No. 1800-1, filed in the Office of the County
Engineer of said County; thence leaving said South line of the Rancho along said
Northwesterly line North 37003'30" East, 1042.08 feet to the beginning of a tan-
gent 1755.00 foot radius curve concave Northwesterly; thence Northeasterly
along said curve through a central angle of 28°54'35" a distance of 885.52
feet; thence tangent to said curve North 8°08'55" East, 975.69 feet to the South-
east corner of that certain 50.21 acre parcel of land described in deed to Systems
Capital Corporation and shown on Parcel Map No . 1110, filed in the Office of
the County Recorder of said County November 10, 1972; thence leaving said North-
westerly line along the boundary of said Systems Capital Corporation land North
81°51'05" West, 38.00 feet to the beginning of a tangent 500.00 foot radius
curve concave Southeasterly; thence Westerly and Southwesterly along said
curve through a central angle of 30°45'38" a distance of 268.44 feet; thence
tangent to said curve South 67°23'17" West, 573.06 feet to the beginning of
a tangent 500.00 foot radius curve concave Northwesterly; thence Westerly
and Northwesterly along said curve through a central angle of 30°45'38" a
distance of 268.44 feet; thence tangent to said curve North 81°51'05" West,
358.00 feet; thence North 0°35'14" East, 687.81 feet; thence North 13°10'59"
East, 268.66 feet; thence North 24047'36" East, 307.33 feet; thence North
39°38141" East, 361.33 feet to an intersection with the Southerly line of
Palomar Airport as shown on Record of Survey Map No. 6493 filed in the Office
of the County Recorder of said County; thence leaving the boundary of said
System Capital land, along said Southerly line pf Palomar Airport South 79°42'00"
West, 1479.57 feet; thence South 10°18'00" East 223.88 feet; thence South
53°53'25" West 467.01 feet to the beginning of a tangent 1937.00 foot radius
curve concave Southeasterly thence Southerly and Westerly along said curve
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
BY DATE
* OKM 46? DAWCO PRESS
NGINEERING COMPANY CONSULTANTS
ANOT-IVIL ENGINEERS
5620 FRIARS ROAD . SAN DIEGO. CALIFORNIA 92110
TELEPHONE . AREA CODE 714 • 291-0707
JOB NO.
4220
LEGAL DESCRIPTION FOR:
SPECIFIC PLAN
BY IF/eb
CHK'O. » ^Jr
DATE
10-25-73
SHEET
2 °^2
through a central angle of 4°34'54" an arc distance of 154.89 feet; thence South
79°4r24" West, 128.70 feet to an intersection with the centerline of Palomar
Airport Road as shown on San Diego County Road Survey No. 1534, filed in the
Office of the County Engineer of said County; thence along said centerline South
42°00'08" West, 1893.60 feet to the beginning of a tangent 1000.00 foot radius
curve concave Northwesterly; thence Southwesterly along said curve through a
central angle of 49°56'04" a distance of 871.52 feet; thence tangent to said
curve North 88°03'48"West, 1722.22 feet to the beginning of a tangent 1200.00
foot radius curve concave Northeasterly; thence Northwesterly along said curve
through a central angle of 49001'43" a distance of 1026.85 feet; thence tangent
to said curve North 39°02'05" West, 391.54 feet to the beginning of a tangent
1200.00 foot radius curve concave Southwesterly; thence Northwesterly along
said curve through a central angle of 23°30'05" a distance of 492.21 feet to a
point in the arc of said curve to which a radial line bears North 27°27'50" East,
said point being in the centerline of that certain 100.00 foot easement described
in the deed to San Diego Gas & Electric Co. recorded April 15, 1954 in Book 5205,
Page 419, Official Records of said County; thence leaving said centerline of Palomar
Airport Road along the centerline of said 100.00 foot easement South 39°01'39"
East, 2562.03 feet to an angle point in said centerline; thence South 42°38'40"
East, 460.39-feet to an intersection with said South line of Rancho Agua Hedionda;
Thence leaving said easement centerline along said South line South 89°27'10"
East 2613.56 feet to the Point of Beginning.
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
BY DATE
CABOT, CABOT & FORPES
HO WEST A STREET, SUITE IIOO, SAN DIEGO, CALIFORNIA 92IOI '• ,
cove 714 239-0861
October 25, 1973
Mr. Don Agatep '.•
City Planning Director
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Re: Declaration of Covenants and Restrictions for
Palomar Project
Dear Don,
Enclosed are several copies of the "amended" Declaration of
Covenants and Restrictions for the proposed CC&F Palomar
Airport Business Park. The enclosed CCR's have been amended
as requested by Mr. Biondo, City Attorney, and which were
"outlined" in Mr. Ekstrom's letter of October 19, 1973. The
Covenants would now seem to be in satisfactory form to meet
the "M-Specific Plan" zoning request.
I am also enclosing ten "information" packages on Cabot,
Cabot & Forbes which might be distributed to the Planning
Commission and the Council in order to better outline Cabot
and their existing and future endeavors.
One item which you might find interesting is that several of our
earliest industrial parks are now approaching their 25th-30th
anniversaries which should further substantiate our desire and
intent of a long continuing relationship with the Carlsbad
community.
As I have indicated to you in the past, if you require any
answers to staff questions or require any additional data,
please don't hesitate to call me.
Sincerely yours,
'Paul Hammons
Project Engineer
PHrlh
cc: C. Ekstrom
N. Vetters
BOSTON OFFICE - 28 STATE STREET, BOSTON, MASSACHUSETTS 02109
BRANCH OFFICES: PHILADELPHIA. BUFFALO, PHOENIX. LOS ANGELES, SAN FRANCISCO. SAN DIEGO
COUNTY OF SAN D/LuO
PUBLIC WORKS AGENCY
GERALD 8. WILSON
Director
Department of General Sendees
County Operations Center. 5555 Overland Avenue. San Diego. California 92123
January 14, 1975
TO: Board of Supervisors (A45)
FROM: Director, Department of General Services
SUBJECT: Northeast Taxiway Construction
Gillespie Field
Airport Development Aid Program (ADAP)
Project No.: 8-06-0212-02
(Supervisorial District II)
DIVISIONS:
Adrcitistration
565-5283
Airports
555-5572
Architecture
565-5300
Btdj Se.*'-e;
555-5265
Comnun caticns
565-5313
Fac.lit es Mjint.
565-5115
fleet Operations
565-5444
(0360)
p dUMr^v^/w VX-A/
By letter dated October 2, 1974, we were advised that the County
has received a tentative grant allocation for Gillespie Field in
the amount of $1,165,058. This tentative allocation constitutes
80 percent Federal Aviation Administration (FAA) participation
in the cost of 23.37 acres of land that your Board acquired in
fiscal year 1973-74 and construction of the northeast taxiway at
Gillespie Field. The FAA grant includes reimbursemnt of 5905,000
that the County spent in prior fiscal years with the predominate
portion in fiscal year 1973-74.
The FAA grant is linked to the construction of the northeast
taxiway. Your Board originally included funds for the construc-
tion of the northeast taxiway in the 1975-74 fiscal year budget.
At that time application for a federal ADAP grant was made to
the FAA. A grant from the FAA was not allocated within the 1973-
74 fiscal year; Therefore, your Board approved transfer of these
funds to cover the increased cost of asphalt for the reconstruc-
tion of the runway at Ramona. There are no funds in this year's
budget for the construction of the northeast taxiway. It is my
RECEIVED;
JAN 1.7 1975
CITY OF CARLSBAD
Planning Department
Board of Supervisors -2- January 14, 1975
RECOMMENDATION: That your Board
1. Authorize an appropriation transfer between projects as follows:
From: Activity 330121--Palomar Airport Acquire Second
Runway Right-of-Way $40,000
Project MA5019--Palomar Airport Drainage and
Erosion Control 45,565
TOTAL $85,565
To: Project KJ4021--Construct Northeast Taxiway,
Gillespie Field, Santee,
California
Airport Development Aid Program (ADAP) Project
No. 8-06-0212-02 . $85,565
2. Adopt the attached resolution appropriating over-realized sub-
vention revenue in the amount of $334,450.
Discussion: . . .
The estimated total cost of this project is $415,000. The County's
share of this cost (approximately 20 percent) would be $83,000.
A project at Palomar Airport to construct drainage improvement is
in this year's budget. The project has been completed at a cost
less than originally estimated. Approximately 545,000 remains in
this project and is available for this proposed purpose.
Funds in the amount of $2,000,000 are appropriated in this fiscal
year's budget for the acquisition of right-of-way for the second
runway at Palomar Airport. This amount included $1,611,800 of
anticipated federal (FAA) funds and $388,200 of County funds.
Recent appraisals of the proposed acquisition indicate that this
appropriation is more than adequate to complete the acquisition
this year. The use of $40,000 of this appropriation will not
adversely effect the anticipated land acquisition. It is our
intent to acquire this right-of-way this fiscal year.
The adoption of the attached resolution by a four-fifths vote
and the approval of the requested transfer will provide sufficient
funding for this project. This will allow us to continue pro-
cessing the County's application for the $1,165,058 ADAP grant.
Construction plans for this project are in the final stages of
preparation. V.'e expect to submit a grant application for your
Board's approval later this month. Advertising the project for
bids is presently scheduled for February.
Board of Supervisors -3-January 14, 1975
Construction of the northeast taxiway is in conformance with the
Gillespie Field Master Plan recently adopted by your Board. The
Master Plan included an Environmental Impact Report that was cer-
tified by your Board on July 9, 1974(97).
APPROVED:1975
Administrator
IVILSON, Director
Department of General Services
D. K. SPE2R
Public Works
Concurrences:
None Required
FISCAL IMPACT: This will require a transfer of $45,565 from
MA5019; and 540,000 from Activity 350121. This transfer will
facilitate County actions necessary to comply with the FAA condi
tions for the $1,165,058 ADAP grant offer. The County will re-
ceive reimbursement of $905,000 that was spent for land acquisi-
tion in prior fiscal years. A cost breakdown follows:
Project Costs:
Construction
Contingencies
Estimated Total Construction Cost
Engineering .
Estimated Total Project Cost
Financing
FAA Portion (at 80.59 percent)
Transfer
Total Funds
$350,000
55,000
$385,00.0
30,0 0:0
$415,000
$334,450
85.565
$420,015
ADVISORY BOARD STATEMENT: The Gillespie Field Development Council
and the~Palomar Airport Ad Hoc Committee have both approved this
action.
GBW:ACW:RRF:crb
*
Enclosure '
cc: Public Works Administrator
Director, Airports Division
Gillespie Field Development Council
Palomar Airport Ad Hoc Committee"'
NO.
RESOLUTWN APPROPRIATING OVER-
SUBVENTION REVENUE
On motion of Supervisor _ ' ^ • ' _ ' '.' » seconded
by Supervisor 7 the following resolution
is adopted:
WHEREAS, certain funds have been offered and will be re-
ceived from the Federal Government as part of the Federal Aviation
Administration's Grant Program and which funds were not specific-
ally set forth in the budget of the County of San Diego for the
current fiscal year but are presently available for expenditure
during the fiscal year and amounting to:
Fund 100100, Org. 5513
Revenue 9613: Federal Aid for Construction - Airports $334,450
NOW THEREFORE
It is ORDERED AND RESOLVED that said revenue be and is hereby
appropriated to the following expenditure accounts in the County
Budget for the current fiscal year to be expended at the time and
in the manner provided by the Board of Supervisors.
Fund 100100, Org. 5350
Public Works Agency -
Facilities Development
Object 4590: Capital Project KJ4021
'\''•'•-. Gillespie Field--North-East Taxiway
Construction $334,450
PASSED AND ADOPTED by the Board of Supervisors of the
County of San Diego, State of California, this day of
, 1975, by the following vote:
AYES:
NOES:
ABSENT:
TATE OF CALIFORNIA ) ss.
ounty of San Diego )
I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the County '•
f San Diego, State of California, hereby certify that I have compared j,
he foregoing copy with the original resolution passed and adopted by |:
aid Board, at _ ' ' ,_ meeting thereof, at the time • (.
id by the vote therein stated, which original resolution is now on tile
\ my office; that the same contains a full, true and correct transcript
ierefrom and of the whole thereof.
Witness my hand and the seal of said Board of Supervisors, this
ly of .
*
PORTER D. CREMANS
Clerk of the Board of Supervisors
AL By
Deputy
:ORM 265 IHEV 7-741
«- *** >»• ft C•"'•*!I..
'. COUNTY OF SAN D.EGO. CAL.FORN.A
RECWST FOR TRANSFER O
APPROPRIATIONS
Public Works Agency
liLi^ Development
pwA Transfer #45-75
January 8, I9 75
A TRANSFER OF APPROPRIATIONS IS REQUESTED FOR THE FOLLOWING REASON(S).
To provide funds for construction of northeast taxiway at Gillespie Field for which
the County has received a tentative grant allocation constituting 807, FAA participation
in the cost. ..."
IAME./7f? G. B; WILSON ' T|TL Director, Dept. of General Services
//1 ^ ' "' AUW : cmb
iA/AGENCY REPORT
{AME.]s \%.^.xy 7,^' D. K. SPEERr,TLE Public Works Administrator
TRANSFER FROM
5350
5350
'
5350
4520
2291
4590
- ;
"'•.'."
i • . " v .
- - : . •
Paloinar Airport -Acquire Second R.ur.-.-:ay
Right-of-tvay (330121)' $40,000.00
Palomar Airport -Drainage and Erosion
Control (MA5019) : 545,565. CO
1 I
"RASSFP.9 TO
. tJ ^ —- - _ ^ t .
Gillespie Field rConstrucc XE Ta:-:i;:av
and Apron to Serve Leasable Area. .
(KJ4021) i $35,565.00
I
AUDITOR'S REMARKS:
ZA FOR ACTION 3 S FOR APPROVAL-
DATE.
.VOTES REQ.-
^UOITOH'S NO...BY.
APPHOVED
AS REOUESTEO-
ACT:ON Of SOA^J OF iuf EU
A3 REVISED.
COUNTY ADMINISTRATOR
PLEASE SFE REVERSE SIDE OF BLUE COPY FOR INSTRUCTIONS
SINO 6 COPIES TO THE AUDITOR AND CONTROLLER RETAIN I