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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 9 24 26 27 28 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." -2- 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.) -3- r o<CO<3 o,- o,j| a foill^s 10 O , IJ U." . B< >-> "•' °z " 8 o' S£-§Z O co>t 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 28 29 30 31 *« 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