HomeMy WebLinkAboutCT 77-70; ; 77-212678: Covenant660
WHEN RECORDED RETURN TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
BOOK 1977
;C REQUEST t>
3SSL CITY CLERK
1 1 08 AM r/ 1
• U ri L r
(Space above' this line for Recorder's Use)
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
NO FEE
THIS AMENDMENT is made and executed as of the
' daY of ) 11 &^i > !977 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
1. The following is hereby added to the Declaration
as Subparagraph A.5. thereof:
"5. 'The City1 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.2(l 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.3. 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 (8-74)
(Corporation)
STATE OF CALIFORNIA
• COUNTY OF SAN DIEGO
r
111X
LIJ
0.
W
I
663
SS.
TITLE INSURANCE
ANDTRUST
ATICOR COMPANY
5-27-77
State, personally appeared Robert C. Frazee
known to me to be the. MAYOR
known to me to he Depty City Clerk s
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:
before me, the undersigned, a Notary Public in and for said
, ana Nora K. GARDINER
OFFICIAL SEAL
SHEILA B. TARVIN
Notary Public-California
SAN DIEGO COUNTY
My Commission Expires Nov. 24, 197S
(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
BY.
Its
STATE OF CALIFORNIA )
/> ) ss.
COUNTY OF d-tr-o (JJU-^lf^, )
On )}}a.^j c3| 3-^rf i 1977, before me, the undersigned,
a Notary Public iiyand for said State, personally appeared
Akio Kato, known to me to be the pf'jj^OLSM-J °f MB-PALOMAR,
INC., the corporation that executedthe withdyfi 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
»)W«!yn,,,,., .,.-„... v. ....*,. i-',v'Vilv,\tei\
NOTARY PUBLIC
111 W. 6th ST.. LOS AN £L£S, CALjf, .900JX
AGREED TO AND APPROVED THIS
%7&L DAY OF -rtta*, , 1977
T
THE CITY OF CARLSBAD
Its Mayor
ATTEST:
By
Depiftyy Citv felerk
'_."//.'• -, ; ' " '' -
(The Acknowledgment .for the City is to be attached.)
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