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HomeMy WebLinkAboutSDP 92-04; PENTON OVERSEAS; Site Development Plan (SDP)I • -11~-----------.:;;A;.--------------.-=-------------- ... CITY OF CARLSBAD ·• {.1--_________________ LAND __ u_s_E_REVIEW ___ AP_PU-=CA~TI.:..:..:O.:..N:.__ FOR PAGE l OF 2 1) APPLICATIONS APPUED FOR: (CHECK BOXES) □ Master Plan n Specific Plan ,~ . ,......, i':-ecise Development ?!an i~ 7'enrar1ve "."racr ~lap :w ; CJ ?!anned Deveiopmenc ?ern'jr 0 '.'-ion-Residential Planned Development □ Condominium Permit □ Special Use Permit □ Redevelopment Pennie □ Tentative Parcel Map □ Administrative Variance 2) LOCATION OF PROJECT: ON TI-IE (FOR DEPT USE ONLY) i ' 0 □ P<' ,-, ;_j u □ □ □ □ □ □ □ General Plan Amendment Local Coasral Plan Amendment Site Development Plan Zone Change Condinonal Cse Pernm Hillside Development Permit Environmental (mpact Assessment Varian\:e Planned 1!1dus1rial Permit Coastal Development Permit .. :~ Planning Commission Determination List any other applications not specificed SIDE OF I'"" PALA :'OR:::?".' ·.:sE cs::'." 02--Lf (NOR TI-I. SOUTI-1 EAST, WEST) (NAME OF STREEn BE1WEEN I "PAl M ~ IZ. AND l~O-tz.._}_O_N ____ I (NAME OF STREEn 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 5) LOCAL F ACIUTIES MANAGEMENT ZONE 8) EJ<ISTING ZONING 11) PROPOSED NUMBER OP RESIDENTIAL UNITS (NAME OF STR.EEn $ j 6) EXISTING GENERAL PLAN ..._ ....... _ _. DESIGNATION I M ~ I 9) PROPOSED ZONING r:-7 12) PROPOSED NUMBER ~ OF LOTS I p I I 7) PROPOSED GENERAL PLAJI I p ! I DESIGNATION 1 M ex/ 10) GROSS SITE ACREAGE [QJ 13) TYPE OF SUBDMS!ON I N.--A I (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE ._ ____ _, // 1'55 .b I 16) PROPOSED COMMERCIAL '-----'-=-------=----' SQUARE FOOTAGE 0 NOT'£: A P'IWP058D PROJECT R£QUDUNG lHAT MUt.TIPta »M.tCAI'lONS BE FIU!D l&JSt Bl. SU8MrTI'fl) PIUOll to 3:30 P.M. A JIRQP06F.D PROIF.CT REQUDUNG fflAT ON1.Y ot.w: APfUCA110N M JID.!D l«JST BE SUBMlTim PRIOR. to 4:00 P.M. FRMOOOl 6 8/90 '\ ,--' _,.:-------'-~-------J,,_ ____ _ CITY OF CARLSBAD I ' • # LAND USE REVlEW APPLICATION FORM P:\GE 2 ::= 2 li) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SE\VER t:SAGE IN EQt..:IVALENT DWELLING CNITS 119) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I i '. :o) PROJECT :--IA.ME: I I 21J BRIEF DESCRIPTION OF PROJECT: I Q.. Cowc, 10 be L.tsed 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, Pl.ANNING COMMISSIONERS, D REVIEW 30ARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT A.ND ENTER THE PROPE THA I S • OF THIS APPLICATION. !/WE CONSENT TO ENTRY FOR THIS PCRPOSE 23) OWNER NAME (PRlNT OR mE) Hu<;H V\ MAlLING ADDRESS I CERTIFY rnAT I Ml nlE LEGAL OWNER ANO rnAT All. TiiE ABOVE INFORMATION IS 111.UE ANO CXlAA.ECT TO ~BEST Of ,~" SIGNATU • ~DATE MYKNO.~ -fr- FOR CITY USE ONLY FEE COMPUTATION: APPLICATION n'PE TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED 24) APPLICANT NAME (PRlNT OR TYPE) -fr oc .. :f'ure. MAILING ADDRESS L/3~ W, .Sr~61/.t'I\// AYE ~llx-fl. TELEPHONE Cl1Y AND STATE ZIP §L-~ .JO ,V CA, o/ZDZ 0 TELEPHONE i 4-14-ZIBZ~! I CERTIFY niAT I AM TiiE U:GA1. OWNER's REPRESENTATIVE AND niAT All. nlE A80V£ INFORMATION IS 111.UE ANO CORRECT TO TiiE BEST OF MY KNOWUDGE. Kes~4•e~f'i, n s:-.-11;13 TE 4/11/7z_. RECEIVED APR 1 5 1992 cn'Y Of t!ARLSE3A0 RECEIVED BY: RECEIPT NO. .. • FIDELITY NATIONAL TITLE INSURANCE 2763 Camino Del Rio South San Diego, California 92108 P.O. Box 85589,S.D., CA 92186-5589 PRELIMINARY REPORT THE ESCROW MASTERS 1850 Marron Road #112 Carlsbad, California Attention: Elsie • COMPANY Phone(619) 295-7332 North County 748-4110 727-1852 & 753-6321 Your No. 3109-ES Our Number 9207113-A Date: March 31, 1992 In response to the application for a policy of title insurance referenced herein, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies or Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not exclude from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office that issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance for a Policy or Policies of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of Policy or Policies of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY-1990 CLTA Owners JP Loan Policy Binder ALTA LOAN POLICY (4-6-90) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA Loan Policy ALTA-R X ALTA Extended Owners Dated as of March 25, 1992 ~t 7:30 A.M. BOB WHITMOYER Title Officer/kw Page 1 FORM T-911A -Page 1 -(Rev. 2-91) PRELIMINARY REPORT PAGE NO. 2 ORDER NO. 9207113-A • • The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: PALOMAR INVESTMENT ASSOCIATES, a California joint venture, composed of Werdin Development Co., a California corporation, Darnell Development Co., a California corporation and Carlsbad 48, a California general partnership NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in: PENTON QVERSCAS INC., HUGH PENTON AND JANIS PENTON The land referred to in this report is described as follows: SEE ATTACHED DESCRIPTION At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as he.reinafter shown. 1. General and Special taxes, a lien not yet payable, for the fiscal year 1992-93. 2. General and special taxes, the second installment now due and payable, for the fiscal year 1991-92. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. An easement for poles, wires and incidental purposes, in favor of San Diego Gas and Electric Company, by document recorded August 4, 1960 as File No. 157924 of Official Records. ' Said easement is described as follows: The center line of said right of way in the aforesaid lands is particularly described as follows: Commencing at corner No. 14 of said Lot "B"; thence South 54°24' West, 326.4 feet; thence South 51°04' West, 1788.20 feet; thence South 1°36' West, 787.1 feet; thence South 10°54' West, 88.42 feet; thence North 37°22' West, 93.65 feet to the TRUE POINT OF BEGINNING of the above said center line of right of way; thence from said TRUE POINT OF BEGINNING, continuing North 37°22' West, PRELIMINARY REPORT PAGE NO. 3 ORDER NO. 9207113-A • • 385.0 feet more or less to the Southerly line of that portion of said Lot "B" described in a Deed to Tootsie "K" Ranch, in Book 6225, Page 594 of Official Records of said County of San Diego. , ALSO: Beginning at said TRUE POINT OF BEGINNING; thence North 6°25'30" East 340.0 feet more or less to the Southerly line of said Tootsie "K" Ranch property. ALSO: Beginning at said TRUE POINT OF BEGINNING; thence South 0°37'45" East, 279.28 feet. ALSO: Beginning at said TRUE POINT OF BEGINNING; thence South 3 7° 22' East, 93.65 feet. Reference is hereby made to said document for full particulars. 5. A Deed of Trust to secure an indebtedness of $2,027,882.00, recorded October 30, 1981 as File No. 81-343558 of Official Records. Dated: Trustor: Trustee: Beneficiary: October 28, 1981 INTERAMERICAN DEVELOPMENT COMPANY, a California limited partnership SAFECO TITLE INSURANCE COMPANY, a California corporation CARLSBAD 48, a California general partnership The amount due, terms and conditions of said indebtedness should be determined by contacting the owner of the debt. An agreement to which reference is hereby made for full particulars, regarding the subordination of said Deed of Trust to Covenants, Conditions and Restrictions which the developer intends to record, recorded October 30, 1981 as File No. 81-343559 of Official Records. 6. An easement for underground facilities and above ground structures for the transmission and distribution of Electricity and incidental purposes, in favor of San Diego Gas and Electric Company, by document recorded August 5, 1982 as File No. 82-240296 of Official Records. Said easement is described as follows: The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be 3 feet, measured at right angles, on each exterior side of each and every facility installed within said property on or before July 31, 1983. Reference is hereby made to said document for full particulars. The exact location thereof cannot be determined from the record. 7. The fact that said land lies within the boundaries of the City of Carlsbad, Community facilities benefit assessment area as disclosed by an Assessment District Boundary Map, recorded in the Office of the County Recorder, on December 19, 1990 as File No., 90-0674118 of Official Records. PRELIMINARY REPORT PAGE NO. 4 ORDER NO. 9207113-A • • 8. A Notice of Special Tax Lien, imposed to secure payment for certain public capital facilities recorded May 20, 1991 as File No. 91-236959 of Official Records. Reference is hereby made to said document for full particulars. 9. NOTE: The requirement that evidence as to the legal existence and current status of WERDIN DEVELOPMENT CO., be furnished prior to the issuance of title insurance. 10. NOTE: The requirement that this company be provided a complete and current copy of the partnership agreement for the CARLSBAD 48 Partnership, together with a ratification or statement by the partners that the terms, covenants and provisions are still in full force and have not been modified or corrected other than as disclosed to this company, at least 1 week prior to close of escrow. 1991-92 TAX INFORMATION: Code Area: Parcel No. 1st Installment: 2nd Installment: Based on Land: 9013 209-041-27 $2,091.74 POSTED PAID 12/8/91 $2,091.74 OPEN $327,157.00 NOTE: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days has elapsed. If taxes have been paid through an impound account or you can provide us with a copy of the cancelled check, this requirement will be waived. PRELIMINARY REPORT PAGE NO. 5 ORDER NO. 9207113-A • • NOTE: The wiring instructions listed below are for this specific transaction involving the Title Department of the San Diego office of Fidelity National Title. These instructions therefor~ should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated below. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Receiving Bank Bank ABA No. Beneficiary Account No. Reference WIRE TRANSFER INSTRUCTIONS TITLE DEPARTMENT -SAN DIEGO SECURITY PACIFIC NATIONAL BANK Point Loma Office #0451 1180 Rosecrans Street San Diego, California 92106 1220-000-43 FIDELITY NATIONAL TITLE COMPANY 451-152732 Title Officer BOB WHITMOYER Title Order No. 9207113-A The charge for a policy of title insurance, if issued through this Title Order, will be based on the basic insurance rate. PRELIMINARY REPORT PAGE NO. 6 LEGAL DESCRIPTION ORDER NO. 9207113-A • • Parcel 1 of Parcel Map No. 15247, in the City.of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, May 25, 1988 as File No. 88-247094 of Official Records. EXCEPTING THEREFROM all oil, mineral, gas and other hydrocarbon substances below a depth of 500.00 feet from the surface of said land, but without the right of surface entry as reserved by Palomar Vista, Ltd., a limited partnership in Deed recorded September 30, 1977 as File No. 77-401720 of Official Records. 3/31/92 kw • • SPECIAL NOTICE California Insurance Code Section 12413 .1 which was enacted by Chapter 598 of the Laws of 1989 (A. B. 512) effective January 1, 1990, regulated the disbursement of escrow funds by Title Companies. Funds received by Fidelity National Title Insurance Company via wire transfer may be disbursed upon receipt. Funds received by this Company via cashier!? check or tellers check may be disbursed on the next business day after the d·ay of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL WE HAVE CONFIRMATION OF OUR RECORDING AND 1 OF THE FOLLOWING: 1. WE HAVE RECEIVED CONFIRMATION OF THE RESPECTIVE INCOMING WIRE. 2. COLLECTION OF A DEPOSITED CHECK. NOTE: On any open credit line or equity credit line loans: Fidelity National Title Insurance Company will require the borrower to turn in any unused checks to the lender and do whatever is necessary to have the lender freeze or terminate the account, otherwise their demand makes us responsible for any checks or cash withdrawals that are outstanding and we will be forced to hold the difference between the principal and the maximum that can be borrowed until the lender has received our payoff check and the account is zeroed. • EXHIBITA • A N LAND TITLE ASSOCIATION LOAN POLICY • H ALTA ENDORSEMENT • FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE Ihe following matters are expressly excluded from the coverage of this policy; 1. (al Governmental police poo.~r; (bl Any law, ordinance or governmental regulation relating to environmental protection; (c) Any law, ordinance or governmental regulation (including lrut not limited to building or zoning ordinances) restricting or regulzting or prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change jn the dimensions or area of the land or any parcel of which the land is or w,1s a part; (d) The effect of any violation of the matters excluded under (al, (bl or (c) above, unless notice of a defect, lien or encumbrance resulting frorn a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, judgment liens or lis pendens must be recorded in order to impart constru~tive notice to purchasers of the land for value and without knowledge. 2. Rights of eminent domain unless notke of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claim,1nt, (bl not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest rn;ured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Co1~1pany prior to the date such insured claimant became an insured h!'rC'Under, (c) resultrng m no loss or damage to the in~ured clairnmant, (dl attaching or created suhsequent to D,1tP of Policy (except to the extent insurance i~ afforded herc•in as to any statutory liPn for labor or material or the extent insurance b afhrded herein as to assessments for ,tr<'<'t improvements under construction or coimpleted at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at date oi policy or of any subsequent owner of the indebtedness to comply with appl,c ablC' "doing business" laws of the state in which the land is situated. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6·1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: l. Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Po!icy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking 3. Title Risks: • that are created, allowed, or agreed to bv you • that are known to you, but not to us, on the Policy Date -unless they appe,irC'd in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and matC'rial lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered TitlP Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: l. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of C,M>r<'d ntle Risks. ' 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-21-87) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any imrrovement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerci;e thereof or a notice of a defect, lien or encumbrance resulting from a violation, or alleged violation affecting the land has been recorded in the public record~ at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in th,, public records at Date of Policy, but not excluding from coverage any taking whi, h ha, occurred prior to Date of Policy which would be binding on the rights of a purch,isC'r for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, hut known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not ha~ been sustained if the insured claimant had paid va!ue for the estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87) WITH A.LT.A. ENDORSEMENT • FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded frum the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (bl Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation, or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects. liens, encumbrances, adverse claims, or other matters: T-911A (a) created, suffered, assumed or agreed to by the insured claimant: (bl not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not h~ been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date or Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated., 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage, and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of thC' indebtedness secured by the insured mortgage which at Date or Policy the instHC'd 11.1, advanced or is obligated to advance. EXHIBIT A • (CONTINUED) • CALIFOR ND TITLE ASSOCIATION STANDARD COVERAG _ CY • 1990 EXCLUSIONS FROM COVERAGE The following matter.; are expressly excluded irom the coverage of this policy and the Company > will not pay loss or damage, costs, attorney·s fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including bur not limited to buil.ding and zoning laws, ordinances, or regulario,,-l rPstricting, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in owner.;hip or a change in the dimensions or area oi the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not e,cluded by (a) above, except to the extent that a notice of the exercise thereof or a notice oi a defect, lien or encumbrance resulting from a violation, or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice oi the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking, which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Drfrcts, liens, encumbrances, adver.;e claims, or other matter.;: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, nor recorded in the public record< al Datt• or Po;icy, hut known to the insured claimant and not disdosed in writing to the Company by the mstJrPU claimant prior to the date the insured claimant became an insured under thi< po_liry; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent 10 Date of Policy, or (e) resulting in loss or damage which \\Ould not have been stJstained if thr in<urrc1 c I,,im,rnt had paid value for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage lx>cause of thC' in.1bility "' f,i:lu1C' of the insured at Date of Policy, or the inability or failure of any sub,cquC'nt owner of the indebtedness, to comply with the applicable doing business laws of the ,talP in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon unsury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency, or similar creditor.;' rights laws. SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection oi the land or which may be asserted by per.;ons in possession thereof. • PART 1 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the pub I ic records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in palenls or in Acts authoirizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matter.; excepted under (a), (b), or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH A.LT.A. ENDORSEMENT· FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH A.LT.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matter.; are expressly excluded irom the coverage of this policy and the Company b) not known to the Company, not recorded in the public records at Date of Polity, but will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: known to the Insured claimant and not disclosed in writing to the Company by the insured 1. (a) Any law, ordinance or governmental regulation (including but not limited to building claimant prior to the date the insured claimant became an insured under this policy; and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the (c) resulting in no loss or damage to the insured claimant; occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of (d) attaching or created subsequent to Date of Policy, or any improvement now or hereafter erected on the land; (iii) a sefaration in owner.;hip (e) resulting in loss or damage which \\Ould not have been sustained if the insured cl;,imant or a change in the dimensions or area oi the land or any parce of which the land is had paid value for the estate or interest insured by this policy. or was a part; or (iv) environmental protection, or the effect of any violation of these 4. Unenforceability of the lien of the insured mortgage because of the inability or failure laws, ordinances or governmental regulations, except 10 the extent that a notice of the of the insured at Date of Policy, or the inability or failure of any subsequent owner of enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation the indebtedness, to comply with applicable doing business laws of the slate in which or allE>ged violation affectinF, the land has been recorded in the public records at Date the land is situated., of Policy. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which (b) Any governmental police power not excluded by (a) above, except to the extent that arises out of the transaction evidenced by the insured mortgage, and is based upon usury a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting or any consumer credit protection or truth in lending law. from a violation, or alleged violation affecting the land has been recorded in the public 6. Any statutory lien for services, labor or materials (or the claim of priority of any stat1Jlory records at Date of Policy. lien for services, labor or materials over the lien of the insured mortgage) arising from 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in an improvement or =rk related to the land which is contracted for and commented the public records at Dale of Policy, but not excluding from coverage any taking which subsequent to Date of Policy and is not financed in whole or in part by proc,:,eds of the has occurred prior to Date of Policy which would he binding on the rights of a purchaser indebtedness secured by the insured mortgage which at Date of Policy the in,uTPd has for value without knowledge. advanced or is obligated to advance. 3. Defects, liens, encumbrances, adverse cl,1ims, or other matters: 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured (a) created, suffered, assumed or agreed to by the insured claimant: by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are e,pressly excluded from the coverage of this policy and the Company has occurred prior to Date of Policy which would be binding on the rights of a r,ur(ha<er will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: for value without knowledge. 1. (a) Any law, ordinancp or governmental regulation (including but not limited to building 3. Defects, liens, encumbrances, adver.;e claims, or other matter.;: and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the (a) created, suffered, assumed or agreed to by the insured claimant: occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of (b) not known to the Company, not recorded in the public records al Date of l'ohry, hut any improvement now or hereafter t'rected on the land; (iii) a seraralion in owner.;hip known lo the insured claimant and not disclosed in writing to the Company by the insured or a change in the dimensions or area of the land or any parce of which the land is claimant prior to the date the insured claimant became an insured under this policy; or was a part; or (iv) environmental protection, or the effect of any violation of these (c) resulting in no loss or damage to the insured claimant; laws, ordinances or governmental regulations, except to the extent that a notice of the (d) attaching or created subsequent to Date of Policy, or enforcement therecf or a notice of a defec.1, lien or encumbrance resulting from a violation (e) resulting in loss or damage which \\OUld not have been sustained if the insured, laimant or alleged violation affecting the land has been rernrded in the public records at Dale had paid value for the estate or interest insured by this policy. of Policy. • 4. Any claim, which arises out of the transaction creating the interest of the mortgagre insured (b) Any governmental police power 1101 excluded by (a) above, except to the extent that by this policy, by reason of the operation of federal bankruptcy, slate insolvency, or similar a notice of the exercise thereof or a notice of a defetl, lien or encumbrance resulting cre'ditor.;' rights laws. from a violation or alleged violation affecting the land has been recorded in the f'Ublic records at Date of Policy. 2. Rights of eminent domain unless notice of the ext'rc,se thereof has been recorded in the public records at Date of Policy, but 1101 excluding from coverage any taking, which The above ALTA policy forms may be issued to afford eitllC'r Standard CovNage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: SCHEDULE B EXCEPTIONS FROM COVERAGE Thi, policy doe, not insure against loss or damage (and the Company will not pay costs, attorney's f<.>es or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 Any facts, rights, interests or claims which are not shown by the public records but which ~ould be a_scertained by an inspection of the land or which may be asserted by per.;ons ,n possession thereof. PART 1 3. Easements, liens or encumbrances, or claims thereof, which are not shw,n hy 1he r,ublic records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoirizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public record,. • J .... =~:.~~~:,c@~;~=:~~~~~-1 /./'1!1~7'00'11'-17!1.~' _, b..l CL L,l <( c::: . 2: -:'.( [L _J L\] u c::: 0 CL I i.) ... ti ... ,,., .. •· SHEET ·2 Of' SHEETS CARLSBAD M. S. NO. 699 ' ...... LEGEND A._.:_ _______ /NDICATES ,<:Oth'JO -'f, • /!{'ON PIPE Ir/TH C/ISC MARKED ,e. C.E. 10.09 PER ;!'M • IZ4SS. a-----------11-JOICATES z· ROI./ PIPE W.lrH DISC /11fll:D le.CE. fOfO-' p,:,eRM./ZS,:-1 { KdSS, F(XIIVO. ,N07"E: .ALL 1wreRl'OR co,e,veRS' e,,-l"~LS I ,I e H'AYE B£E/✓ ser WIT# A .,/4 .... ,., • ,.,/~ t:H-SC M..a~KeCJ ,e_ c. £. f0/0.9 VNLESS ~reo ,-/c;e'e-ON. • TOTAL AREA Or T/.1/S p,,c,ecE/.. MAP IS 4-. e~ AC/i!L:S. OF BEARINGS BASIS TNE J!JASIS Or 8E'AR/!,/GS FOR ~IS MAP/$ rHE JWO,r ,vo.erHW.:S1£RL.'r' LIAIE Or PARCEL 4 ,115 SNOHIIV 0,V Ff,!1.RCEL MAP ,VO. 1z=, /. E. ,v;,:;•o~ ',I.$-~- -NOTE Trll.5 PROJ«r 15 A,t::pROVEO V.PON 77,E l:X~ Cat.I· -OITICXI T#AT BL/IL.0/NG PcRMIT:S N/L.L. Nt), ee /~17 FOR OEYcf-OPMEi:/T C,F THE SL,e.lECT .PRO.PER TY UAl- -i:ESS 77-/E C/TY e/.16/NE.f:R o:TeRMl#ES ~rs~, CA,R/C/7Y /.S Ail'AIL.A~LE AT T}IE Tl.VE Or Al"PLICAT7t!N FuR St/CH .PcR.'.,f/ J'S /N.0 Wl'-L ~/NVE Ttl J!!Ie Ai#ILABLE l/lvTIL. 17/.IE ~r OCCL.IPA#CY. NOTE ALL 80!../'IO~.t:?Y POJVTS $1,.fOWt.J ~P.~CN iVV~i~R y.,7Tl,.f COU,::"/S£S ,t.t.'D O'ST.t.••,,.rr w=P~ 1,1::-•c-•ir :-.., -::----__,.-;:;.:,,.::,::;,£D C,N P"'R,-£1 M~P ~o 12~-5-; EXC£PT ·T;.,·',ts~··Pc•N-,S T;;~ ~--.~£;/£ :)£STRO;£C - ANO P£·S€T r, TH€1P. OR!':;IT✓A~ LC,C.! Tl::>,,·s F£R CORt.F'l R£COf?D NO. 5002 Fli..£0 VJ0/67. · .. : .· • -,iLZJWit j ,.,1,.o)ir tlflO,,II.:> • VICINlTY MAP CITY OF (;ARLSBAD REQUEST FOR REFUND Vendor No. _______ _ Account No. 880-519-92-0000 Amount of Refund $33, 099, 44 Date Fee Paid: 7/31/92 - Fee Paid For: Security Deposit Refund for SDP 92-4 Fee Paid By: Mr I & Mrs I Hugh VI Penton Facts Supporting Request: Landscape mylars received final approval by the. City, Name of Applicant: Mr I & Mrs I Hugh VI Penton Address: 45 St, Ma 1 o Beach, Oceanside, CA 92054 Street City State Zip Telephone Dept. Justificatio : Rec: .x=;!,__ __ ____1,.L::-l~D<U:JLJ.""'°~~Ll-~i!...3.!~>.-!-.U ~~~~~~:::1.. ___ .Jl.!JI -1--~--1 ate Finance Investigation: Rec: D Approve D Disapprove Dept. Head Signature Date City Manager's Action: D Approve D Disapprove City Manager Signature Date CITY OF CARLSBAD 1200 CARLSBAu ,/ILLAGE 'f>mve CARLSBAD, C;ALIFORNIA 92008 438-5621 ACCOUNT NO. DESCRIPTION AMOUNT I ' )j 0 . I I \ ,('-\J l J-I)_ : ) I I ...... ) t '· () '--,, { \ ' J , I ' I ' 9 /i-4 I -, ' I )f-' . ,, ) t'. / / I 7/ I I I I 872~ 07/31/Q2 0001 01 01 I . ---___ J._ . ~-----..,_ f - RECEIPT No.13379 TOTAL I\_ V' 1/'I 'f't City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Sir or Madam: 5 August 1992 In regard to the Miscellaneous Cash Bond SDP 92-4 in the amount of $33,099.44, a receipt# 13379 was furnished to us dated 7/31/92. This is for Acct. # 880-519-92-73-0000, and references a letter that was sent to the City, a copy of which is attached, dated July 30th addressed to Ms. Anne Hysong. It is requested that when the landscape mylars receive final approval by the City that the security deposit refund be made out and mailed to: Mr. & Mrs. Hugh V. Penton 45 St. Malo Beach Oceanside, CA 92054 A copy of the Escrow instructions is enclosed. Should you have any questions concerning this matter, please contact me at 431-0060. Enclosures ,. Ms. Gisela Smith STRUCTURE FORM 435 W. Bradley Avenue, Suite B El Cajon, CA 92020 Dear Gisela: 5 August 1992 Anne Hysong suggests that this letter be forwarded along with the landscaping mylars to the City so that the refund check will not be written to Timcor, but rather to my wife and myself. Please let me know if you have any questions in this regard. Sincerely, Hug\h~ton Enclosure ,· Ms. Apne Hysong City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1519 Dear Ms. Hysong: 30 July 1992 We are furnishing to the City of Carlsbad a security deposit in the amount of $33,099.44, which is the landscaping cost estimate. This deposit is being forwarded to the City in order to obtain issuance of the building permit on the site at 2470 Impala Drive. We understand that the security deposit will be refunded upon completion and final approval of the landscape plans. We are aware that final occupancy can be held up if the final landscape plans have not been approved. Should there be any questions, please do not hesitate to call me at 431-0060 from 7:00 A.M. to 5:00 P.M. Monday through Friday. Sincerely, Hulk \ ,, [xkx , 1850 Marron Road • Suite 112 Carlsbad, California 92008 (619) 434-0111 • Fax: (619) 434-6758 ELSIE SUTLIVE Escrow Officer ~e Escrow MasterP □ t,.:,;jlJt, □. 451 0 E. Pacific Coast Hwy. • Suite 120 If '£~gite Parkway Long Beach, California 90804 Miss£'J~'1~, ~~ts} I (213)494-1444 • Fax:(213)597-5532 (714)586-9111 • ·1~tf&afft}-3185 ESCROW INSTRUCTIONS Escrow No.: 3109-ES BUYER AND SELLER 1. Buyer will hand you 2. ____ MA_R_CH_2_3 __ , 19 92 $ ~2=4~7~,~0=00~-0~0''----IN A CASHIER'S CHECK OR WIRE TRAN~=F~E=R.c._ _______ _ $ __________ _ 3. Proceeds from loan to be procured by buyer __________________________ _ $ __________ _ 4. Buyer has paid outside of this escrow, to seller (with which you are not to be concerned) ___________ _ $ __________ _ 5. Broker will hand you -----------------------------------$ 1,000.00 6. Encumbrance of record, approximate unpaid balance _______________________ _ $ __________ _ 7. $ __________ _ 8. Buyer will hand you a new purchase price encumbrance _______________________ _ $ __________ _ 9. TOTAL CONSIDERATION $ 248,000.00 and any additional funds and documents required from me to enable you to comply with these instructions, all of which you are authorized to use provided on or before APRIL 28 1 1992 yo~ can obtain a standard Owner's or Joint Protection Policy of Title Insurance with the usual title company's exceptions with liability to the amount of total consideration, on real property in the County of SAN DIEGO , State of California, describedasfollows: PARCEL 4 ONLY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,S TATE OF CALIFORNIA, AS SHOWN AT PAGE 12855 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1983 AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Property Address: APN 209-041-27 ( IMPALA DRIVE) CARLSBAD, CA 92008 (Not Verified) TITLE TO APPEAR VESTED IN HUGH V. PENTON AND JANIS R. PENTON, HUSBAND AND WIFE SUBJECT TO: (EXACT VESTING WILL BE FURNISHED PRIOR TO CLOSE OF ESCROW) 1. NO General and special county and city taxes, including any special district levies payments of which are included therein and collected therewith, for the current fiscal year, not delinquent, including taxes for the ensuing year, if any, a lien but not yet payable. 2 Bond and/or special assessments. $--NQN,.;,... _______ _ 3. Conditions, restrictions, reservation, covenants, rights, rights of way, easements and the exception of minerals, oil, gas, water, carbons and hydrocarbons substances in, on or under said land, now of record, and in deed to file, affecting the use and occupancy of said property. Deed of Trust, (loan) to file, and note secured thereby for$ N/l'. as per their terms; the proceeds of which shall be used to apply on purchase price. Buyer's signature on any loan papers, evidence of full approval as to form and contents. Escrow holder is instructed to comply with beneficiary's instructions relating to this new loan. Deed of Trust, to file as a part of the purchase price, on N/Ausual short form, executed by obove Vestee(s), in fa·,or of ___ N~/..,.A,._ _____ _ securing a note of$ N/A , dated as written, with interest on unpaid principal at N/A % per annum from ---~N~/~A~------ N/A , principal and interest in installments of $ N/A or more on the ----~N~/~A~----day of each month, N/A N/A N/A commencing on the _________ day of ____________ , 19 ___ , and continuing until ______________ _ SEE ADDITIONAL INSTRUCTIONS PAGE THREE MADE A PART HEREOF. I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute, recording charges and your customary buyer's escrow fee. IT IS AGREED THAT IF, FOR ANY REASON THIS ESCROW IS NOT CLOSED WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE ESTABLISH ED CLOSING DATE, ESCROW HOLDER MAY AT THEIR OPTION CHARGE A HOLD OPEN FEE AGAINST FUNDS ON DEPOSIT IN THE AMOUNT OF $35.00 FOR EACH MONTH, OR FRACTION THEREOF, THAT THIS ESCROW REMAINS UNCLOSED. THE FOREGOING INSTRUCTIONS AND THOSE "GENERAL INSTRUCTIONS" PRINTED UPON THE REVERSE SIDE HEREOF ARE APPROVED AND ACCEPTED IN THEIR ENTIRETY, AS IS FULLY SET OUT IN THIS PARAGRAPH, AND EACH OF THE UNDERSIGNED BUYER(S) AND SELLER(S) ACKNOWLEDGES RECEIPT OF A COPY OF THESE INSTRUCTIONS. SELLER(S) AND BUYER(S) HEREBY AUTHORIZE ESCROW AGENT TO FURNISH COPIES OF CLOSING STATEMENTS TO LENDER AND/OR BROKER INVOLVED. Buyer to deposit new insurance whic~ is acceptable to lender and pay premium through escrow unless a paid receipt is deposited in escrow. In accordance with the manner specified ON PAGE TWO the following are to be adjusted or pro-rated to _____ C_L_OS __ E_O_F __ E_S_C_R_O_W ____ _ t(X ) Taxes (Info. furnished by Seller/Title Co.) ( ) Interest on Encumbrance of Record •) Interest on Purchase Money Note ) Rentals ) Assessments Buyer's Signature ___________________ _ Address _________________________ _ HUGH V. PENTON Buyer's Signature ____________________ Address -------------------------- 1 will hand you ~{\rn~~m~ri'ts ~JJtt~?l;;!y necessary of me to enable you to comply therewith, including a deed to the property described, executed in favor of the vestees, which you are authorized to use and deliver when you hold in this escrow for my account funds as set forth above and any pro:rata adjustments and instruments deliverable to me under these instructions. From funds due me, pay at the close of escrow any encumbrances of record, plus accrued interest, charges and bonus if any, bonds, and/or assessments necessary to comply with same, and/or pay any delinquent monthly installment(sl on existing encumbrance(s) as disclosed by Beneficiary statement, without my subsequent approval. Instruct the Title Company to begin search of title at once. Deduct and pa~ from proceeds due me, any expenses incurred in my behalf including charges for assurance of title; for sending in offset, or beneficiaries' statements and/or dem11nds; Revenue Stamps on Deed, filling in, acknowledging, and recording any documents necessar_y on rr,_ay _partl,includi1111 recording of purchase price encumbrances and seller's escrow fee as charged. PALOMAR INVESTMENT ASSOCIATES, A CALIFORNIA JOINT VENTURE, I Seller's Signature BY: WERDIN DEVELOPMENT CO. , A CALIF. CORP. • I Seller's Signature .i;;,.,,..------------------- EM113 DARNELL DAVELOPMENT CO., A CALIF. CORP. BY: 13Y: CABLSBAD 48, A CALIF BY: GENERAL PARTNERSHTP' 17/79) IConvontional Loan) I, II !I II !I !: ll ii ,. ESCRGW NO. 3109-ES ,P1'GE TWO GENERAL INSTRUCTIONS & ADDITIONAL ESCROW CONDITIONS • The adjustments and/or prorations provided for on page 1, shall be made in accordance with the following instructions: A. If any mentioned Trust Deed is now of record, procure statement by the owner of the note secured thereby, or the holder for collection, and adjust interest thereon on the basis of such statement. B. Adjust interest on new encumbrances by endorsement on note(s). C. Prorate taxes, based on latest tax statements available to you, including all items, appearing on tax bill, except taxes on personal property not conveyed through this escrow. D. Prorate rentals based on rental statement handed you by seller. You are to consider on basis of said rent statement, that seller will -~ollect all rents which fall due prior to the close of this escrow, unless he instructs you in writing to the contrary. No adjustment against buyer on uncollected rentals. E. Accept for me such insurance policies as are submitted on building situated on property being conveyed in this escrow and prorate premiums thereon as per instructions given you on the reverse hereof. You may assume that premiums on said policies have been paid and that the policies have not been hypothecated. 1. It is mutually understood and agreed to by all the parties to this escrow, jointly and separately, that all funds received in this escrow shall be deposited with a State or Federal bank with other escrow funds and all disbursements shall be made by check of this Escrow Co. Make all adjustments and proratings on the basis of a 30 day month. "Close of Escrow" is the day instruments a,e recorded. All documents and funds due the respective parties herein are to be mailed, unregistered to the address set out below their respective signature, unless otherwise instructed. Our signatures on any documents and instructions pertaining to this escrow indicate our un- conditional approval of same. 2. You shall not be responsible or liable in any mar:mer whatsoever for the sufficiency or correctness as to form manner of execut- ion or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to document of record or those handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder, and for the disposition of the same in accordance with the written instructions accepted by you in this escrow. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations, deposited in this escrow, unless otherwise instructed. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 3. Seller guarantees and you .shall be fully protected in assuming that, as to any insurance policies handed you, each policy is in force, has not been hypothecated, and that all necessary premiums therefore have been paid. You will, as my agent, assign any fire insurance handed you for use in this escrow. 4. Deliver assurances of title, if requested, and insurance policies, if any, to holder of senior encumbrance or his order, or if there be no encumbrances, then to the buyer or his order. 5. Time is of the essence. In the event that the conditions of this escrow have not been complied with at the expiration of the time provided for herein, you are instructed, nevertheless, to complete the same at any time thereafter as soon as the conditions (except as to time) have been complied with, unless any of us shall have made written demand upon you for the return of money or documents deposited by him. We, jointly and severally, agree that in the event of cancellation we shall pay you a sum sufficient to pay you for any expense which you have incurred pursuant to the foregoing instructions, and a reasonable cancellation fee for services rendered by you, said expenses and fees to be put in escrow before cancellation is effective. 6. All notices, demands and instructions must be in writing, In the event conflicting demands or notices are made or served upon you or any controversy arises between the parties hereto or with any third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and performance of, this escrow, until you receive written noti- fication satisfactory to you of the settlement of the controversy by agreement of the parties thereto, or by the final judgment of a court of competent jurisdiction. All of the parties to this escrow hereby jointly and severally promise and agree to pay promptly on de- mand, as well as to indemnify you and to hold you harmless from and against all litigation and interpleader costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith, you may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligation, liabilities or expenses arise during the performance of this escrow or subsequent thereto, directly or indirectly. 7. These instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date of its ex- ecution and delivery. All such counterparts together shall constitute one and the same document. You are hereby given a lien upon all the rights, title and interests of each of the parties hereto in all escrowed documents, funds and other property, and all monies or prop- erty for any and all expenses, attorney's fees, losses and other liabilities caused you in this escrow. 8. You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited, with any duly authorized sub-escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. 9. Each party to this escrow hereby acknowledges receipt of a copy of these instructions. 10. That between the periods of July 1st and October 31st, the sellers hereby authorize you to charge their account and credit the account of the purchasers through this escrow, with any personal property tax revealed on the latest tax bill, or through the tax in- formation on the preliminary title report from the title company. 11. The parties to these escrow instructions authorize you to destroy these instructions, and all other subsequent instructions, regard- less of date of same, and all records of this escrow at any time after five (5) years from date of these instructions, without liability on your part or of further notice from us. 12. The seller and/or borrower hereby authorize you to pay in full the statement of the termite company, in the event a termite report showing subject property to be free of visible infestation of termites, dry rot and fungi is called for through this escrow. 13. You are hereby authorized and instructed to transfer any monies due either of the parties of this escrow to any other escrow you may be holding in order to complete said escrow, or to pay any charges due you in any other matter. 14. In the course of processing this escrow, if charges are incurred for telephone and/or telegrams, you are instructed to debit the account of the party responsible for said charges. • 15. In the event existing fire insurance policy is not acceptable to any new lending institution, you are instructed to cause existing fire policy to be cancelled for seller, and to instruct insurance agent to make refund of said unearned premiums to seller direct. 16. In the event of conflicting demands on the escrow holder by the principals, this escrow may, at their option, deposit any and all funds in question with the court that would have jurisdiction over the matter, and the escrow holder is relieved of any further responsibility in connection with the escrow. 17. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. EM123 Initial: __________ Initial: _________ _ THE ESCROW MASTERS Escrow No.: 3109-ES Officer: ELSIE SUTLIVE 1850 MARRON ROAD,1 SUITE 112 CARLSBAD, CALIFORNIA 92008 Property: APN 209-041-27 (IMPALA DRIVE) CARLSBAD, CA 92008 Page FOUR ------------~-------------------------------------------------------------------------ADDENDUM TO ESCROW INSTRUCTIONS --------------------~-------~------------------------------------------------------- ASSEMBLY BILL 512 Parties acknowledge they are aware the close of this escrow will be in compliance with Assembly Bill 512 which requires that all funds held on deposit by title insurance companies, underwritten title insurance companies, title insurance controlled escrow companies and/or sub-escrow accounts must be collected and disbursement made within the guidelines of Federal Reserve Regulation CC. Parties acknowledge they are aware the availability of funds after deposit as outlined in the Federal Reserve Regulations are as follows: (1) cash or wired funds may be disbursed the same day as received; (2) cashier's checks, teller's checks and certified checks may be disbursed on the business day after the day deposited; and (3) checks, without exception, whether individual, partnership, corporate or otherwise, (a) if drawn on an account with a bank or savings and loan located within the State of California may be disbursed on the third business day after the date of deposit into said account, and (b) if drawn on an account with a bank or savings and loan located outside of the State of California, but within the Continental United States may be disbursed on the seventh business day after the day of deposit into said account. The availability of all other checks should be verified on an individual basis. In the event it is nece~sary for funds to be deposited with the title company named as the title insurance provider for the compliance of the terms and conditions contained in these instructions, parties acknowledge the closing of this escrow will be governed by the availability of said funds. Parties hereby agree to hold Escrow Holder harmless from any and all liability and/or responsibility for compliance with the restrictions imposed by the Regulations as set out in these instructions. FOREIGN INVESTORS TAX REFORM ACT 1. Seller and Buyer acknowledge receipt of Notice to All Buyer and All Sellers of Estate pertaining to Internal Revenue Code Section 1445 and Franchise Tax Regulations 18805 A (2) and 18805 (d). Real Board 2. Buyer and Seller instruct escrow holder NOT TO WITHHOLD any monies from Seller's proceeds in connection with Internal Revenue Code Section 1445 and Franchise Tax Board Regulations 18805 A (2) and 18805 (d) at transfer of title to the property as Seller has deposited herein a certification of non-foreign status stating: a. Seller is not a foreign person b. Seller's tax I.D. number (or social security number for an individual) and address. 3. Buyer and Seller hereby relieve Escrow Holder from any and all liability, obligation or responsibility with respect to advising the parties as to the requirements of Internal Revenue Code Section 1445 and Franchise Tax Board Regulations 18805 A (2) AND 18805 (d), determining whether the Seller is a foreign person, whether any affidavit executed in connection with said code section is accurate, obtaining any exemption from withholding, or withholding any sums pursuant to said code or regulation section. TAX REFORM ACT Seller agrees to deposit, in accordanc~ with the Tax Reform Act(s) of 1986 information necessary to produce a 1099 as required by the Internal Revenue Service under the IRS Code Section 6045 (E). Escrow holder is to rely upon information provided by seller as being true and correct. All liability and responsibility for the validity of same shall be that of the seller herein.· SEE ADDITIONAL INSTRUCTIONS PAGE FIVE MADE A PART HEREOF. EACH OF THE UNDERSIGNED STATES AND DECLARES THAT HE HAS READ THE FOREGOING INSTRUCTIONS AND UNDERSTANDS THEM AND DOES HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THESE INSTRUCTIONS. PALOMAR INVESTMENT ASSOCIATES, A CALIFORNIA JOINT VENTURE BY: _________________ _ WERDIN DEVELOPMENT CO., A CALIF. CORP. BY: DARNELL DEVELOPMENT COMPANY, A CALIF. CORP. BY: CARLSBAD 48, A CALIFORNIA GENERAL PARTNERSHIP BY: ------------------ HUGH V. PENTON JANIS R. PENTON . ? THE ESCROW MASTERS Escrow No.: 3109-ES Officer: ELSIE SUTLIVE 1850 MARRON ROAD,' SUITE 112 CARLSBAD, CALIFORNIA 92008 Property: APN 209-041-27 (IMPALA DRIVE) CARLSBAD, CA 92008 Page SIX ADDENDUM TO ESCROW INSTRUCTIONS NOTIFICATION TO SELLER AND BUYER: "In accordance with Section 18805 and 26131 of the Revenue and Taxation Code parties are hereby notified that a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price, in the case of a disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California The buyer greater of ($500.00). may become subject to penalty for failure to withhold an amount equal 10 percent of the amount required to be withheld or five hundred to the dollars However,notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00), OR 2. The seller executes a writt~n certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the wfrhholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. For further information or questions, please contact the Withholding at Source Unit of the Franchise Tax Board, P.O. Box 651, Sacramento, CA 95812-0651 The phone number is (916) 369-4900. The parties acknowledge that The Escrow Masters will take further action regarding withholding upon further acceptable written instructions of the buyer and seller herein. GENERAL PROVISIONS THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD, INITIALED, AND DATED EACH PAGE OF THE GENERAL PROVISIONS TO THE ESCROW INSTRUCTIONS, AND THAT PROVISIONS AS STATED ARE FULLY INCORPORATED INTO THESE ESCROW INSTRUCTIONS. THE UNDERSIGNED STATE THAT THEY HAVE READ THESE INSTRUCTIONS AND UNDERSTAND AND AGREE TO THEM AND HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THESE INSTRUCTIONS. ESCROW HOLDERS ARE NOT AUTHORIZED TO GIVE LEGAL ADVICE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY BEFORE SIGNING. END OF INSTRUCTIONS PALOMAR INVESTMENT ASSOCIATES, A CALIFORNIA JOINT VENTURE BY: ---------------------WE RD IN DEVELOPMENT CO., A CALIF. CORP. BY: DARNELL DEVELOPMENT COMPANY BY: CARLSBAD 48, A CALIFORNIA GENERAL PARTNERSHIP BY: HUGH V. PENTON JANIS R. PENTON THE ESCROW MASTERS ' 1850 MARRON ROAD, SUITE 112 CARLSBAD, CALIFORNIA 92008 Escrow No.: 3109-ES Officer: ELSIE SUTLIVE Property: APN 209-041-27 (IMPAIA DRIVE) CARLSBAD, CA 92008 Page FIVE -------~--------------=~---~----------------------~------------------------.wwwwmww ADDENDUM TO ESCROW INSTRUCTIONS CHANGE OF OWNERSHIP REPORT Buyer is to complete a "Preliminary Change of Ownership Report" and deposit same with escrow holder prior to close of escrow in accordance with Section 480,3 of the Revenue and Taxation Code. In the event buyer has not deposited this form prior to the close of escrow or has not completed same in accordance with these instructions, escrow holder is instructed to charge the account of the buyer, at the close of escrow, the sum of $20.00 per docwnent for the additional recording fee required by the County Recorder for lack of having this report or for same being incomplete or incorrect. COPIES TO AGENTS You are authorized to provide copies of these instructions, any amendments thereto, preliminary reports, instructions for payment of commissions to be paid by the party involved, and the closing statement for the party involved to any lender to whom a party in this transaction has made application for a loan and that party's real estate agent. You are further authorized to provided a copy of all escrow closing statements to the lender and real estate agents of any parties in this transaction at the lender or real estate agent's request. FUNDS It is understood by all parties that funds deposited into escrow shall be in the form of a CHECK, WIRE TRANSFER or CASHIER'S CHECK BUT NOT CASH. OUTSIDE AGREEMENTS The following agreements have been made between the parties hereto OUTSIDE OF ESCROW, for which Escrow Holder shall not be concerned nor liable, and appear herein as a matter of memorandwn only at the request of the parties: 1. The parties acknowledge that these instructions have been prepared based upon verbal information furnished to Escrow Holder by the parties hereto. These instructions are not intended to amend, modify or supersede the Deposit Receipt and Real Estate Purchase Contract dated March 18, 1992 and Counter Officer dated March 19, 1992 that exists between the parties hereto. Escrow Holder is to be concerned only with the provisions as specifically set forth in these instructions. 2. Items on Deposit Receipt dated March 18, 1992 No. 18 (Toxic Materials) and 19 (Liquidated Damages) are hereby initialed as mutually agreed upon between Buyer(s) and Seller(s) outside of escrow. FORM OF THESE INSTRUCTIONS Headings as used in these instructions are for the sake of convenience only and are not intended to limit the meaning of these instructions; these instructions are to be considered in their entirety. ESCROW INSTRUCTIONS You may accept Escrow Instructions executed in counter part as separate originals, regardless of the date of their signing and delivery. Such counter parts together shall be construed as one and the same docwnents. SEE ADDITIONAL INSTRUCTIONS PAGE SIX MADE A PART HEREOF. EACH OF THE UNDERSIGNED STATES AND DECLARES THAT HE HAS READ THE FOREGOING INSTRUCTIONS AND UNDERSTANDS THEM AND DOES HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THESE INSTRUCTIONS. PALOMAR INVESTMENT ASSOCIATES, A CALIFORNIA JOINT VENTURE, BY: --------------------WE RD IN DEVELOPMENT CO., A CALIF. CORP. BY: DARNELL DEVELOPMENT COMPANY, A CALIF. CORP. BY: CARLSBAD 48, A CALIFORNIA GENERAL PARTNERSHIP BY: ________________ _ HUGH V. PENTON JANIS R. PENTON 1 ' . I\ THE ESCROW MASTERS Escrow No.: 3109-ES Officer: ELSIE SUTLIVE 1850 MARRON ROAD, SUITE 112 CARLSBAD, CALIFORNIA 92008 Property: APN 209-041-27 (IMPAl.A DRIVE) CARLSBAD, CA 92008 Page THREE ADDENDUM TO ESCROW INSTRUCTIONS CONTINGENCIES 1. Buyer(s) approval of the conditions and items in a preliminary title report of the subject property (which shall include any recorded Covenants, Conditions and Restrictions), through FIDELITY NATIONAL TITLE COMPANY, within 10 days after buyer(s) receipt thereof. If no disapproval is received in writing by one of the buyers within said time, it shall be deemed approved and this contingency satisfied. 2. Buyer conducting a feasibility study of the property by APRIL 27, Buyer's sole opinion, demonstrates that Buyer's proposed plans for the property are feasible and that the property is suitable for Buyer's development. 1992 which, in development of intended use the the and 3. Buyer obtaining a Soils Report by APRIL 27, 1992 that discloses no unsuitable conditions which, in the opinion of Buyer's architect and/or engineer, would adversely affect the contemplated development of the property. Unless escrow holder is advised by buyer in writing to the contrary within the specified time, same shall be deemed buyer's receipt thereof and shall hereby eliminate contingencies no. 2 and 3 in its entirety without further instructions required hereto, 1031 TAX DEFERRED EXCHANGE It is the intent of the Buyer to effect a tax deferred exchange within Section 1031 of the Internal Revenue Code. Seller will cooperate with the Buyer in effecting such an exchange provided that Seller will be at no expense from so doing other than normal costs chargeable to the Seller in this transaction. During the course of the escrow, Escrow holder will be provided with the name of the "substituted" Buyer for the purpose of consummating this escrow. SELLERS REPRESENTATION Seller warrants that Seller has not received, nor is aware of any notification from the Department of Building and Safety, Health Department, or other such, City, County or State authority having jurisdiction, requiring any work, to be done on or affecting the property or indicating an intent to condemn the Property or any portion thereof. Seller further warrants that in the event any such notice or notices are received by Seller prior to the close of escrow and Seller is unable to or does not elect to perform the work required in said notice at Seller's sole cost and expense on or before the close of escrow, said notices shall be submitted to Buyer for its examination and written approval. In the event Buyer does not notify Seller and Escrow holder of its approval of any such notice within 10 days after receipt thereof, this contract shall be deemed null and void and Escrow holder will be handed mutual cancellation instructions signed by Buyer and Seller. SUPPLEMENTAL TAX ASSESSMENTS Pursuant to provisions of Chapter 498, Statutes of 1983 of the State of California, seller and buyer acknowledge that the within property will be subject to supplemental taxes due to the change of ownership taking place through this escrow. A supplemental tax bill will be forwarded to the property address after the close of escrow. Buyer understands that it will be the responsibility of the buyer to pay the supplemental tax prior to the due date or penalties will be assessed. SEE ADDITIONAL INSTRUCTIONS PAGE FOUR MADE A PART HEREOF. EACH OF THE UNDERSIGNED STATES AND DECLARES THAT HE HAS READ THE FOREGOING INSTRUCTIONS AND UNDERSTANDS THEM AND DOES HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THESE INSTRUCTIONS. PALOMAR INVESTMENT ASSOCIATES, A CALIFORNIA JOINT VENTURE BY: _____ '----------------WERDIN DEVELOPMENT CO .. , A CALIFORNIA CORP. BY: ---------------------DARNELL DEVELOPMENT COMPANY, A CALIF. CORP. BY: ---------------------CARLSBAD 48, A CALIFORNIA GENERAL PARTNERSHIP BY: HUGH V. PENTON JANIS R. PENTON . . • CITY OF CARLSBAD REC'D FROM 1200 CARLSBAl-JILLAGE DRIVE CARLSBAD, l--.LIFORNIA 92008 ~ / 438-s621 ?D? 92 _0 7 '( /°')'TV1 i V\_ ~ J DATE ')-/ fir;,_ I i\.. } , .... ' ACCOUNT NO. DESCRIPTION AMOUNT I t-I I \ , { ..,,.,, I ) I I , -r--I 8448 07 /1,-./ ,..:. 0001 01 02 I J I ,, ) I ' r-C<MT ; .,it.-i.J\ -.. -I -- I I (-) I -,. RECEIPT No.13294 TOTAL - " I • , • A CITY OF CARLSBAD _A 1200 CARLSBADWlLAGE DRIVE CARLSBAD, CJll!IIFORNIA 92008 438-5621 REC'D FRoM_-__,l~N\----;,..-=---c--"-'o~r'--_f~n\~(\~c~td)~)-= ........ ...--------DATE _____ _ ACCOUNT NO. DESCRIPTION AMOUNT I ('') o l -~ \ o -r•ooo f\~ \\ SD~ C\~-c:;:'"'\~QI -· ' """ ") . I --I ·e: ('\("~' { -~', \ () • (:(fl() -~ I.~ ,.;; \0: --" --· / r~Jni..O I l) -:µo \\\or'\ ()~ t\( f? I ,, .. I \ -. .._, I I 6 ~ () -,C,1((-Ct~~ I 'C:i·((Cr) -Pt: t:: Yo:- 7239 04/1$/~ 0001 01 02 I ll. ~ 41:t. '-I C-PRMT ss~o .. oo I I I I I I I I .. I RECEIPT NO. 11780 TOTAL ,-c::._ :..-- I ~:-oo I • r~i_,;f'V City of Carlsbad -4fii,i,ii,f•l•l§•Eiii,,l4,il • DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. !Please Print) The following information must be disclosed: 1. Applicant List the names an~ adAresses of all persons having a financial interest in the application. 1 \ (:_ \, ,..),A ~--r , -,, : i.:::\ V •. \\ r, t ~ ,'II 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. ,., ~ ,: .... '\°V- 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and address of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in r partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary the trust. FRM0001 4/91 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 • • (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of Cit,; staff, Board Commissions, Committees and Council within the past twelve months? Yes _ No ...1:::._ If yes, please indicate person(s) __________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate. trust. rece111el syndicate. this and any other county, city and county, city municipality, district or other political subdivision, or any other group or comb1nat1on acting as ~ unit.' j (NOTE: Attach additional pages as necessary.) Print or type name of owner Print or type name of applicant FRM0001 4/91 • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: &n1on O//er:!C4 5 APPLICANT NAME: llut/ ~ &,.1t,n Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. . F-e.-.1on Over-seec..~ will oct:,"'f>/ ·r°'le e~1n,-e 5c.t·, {J/n1 . 1'it!1 dt"sf~ibuf-e a.,~d; o CD-~ ~~ts. _ f co l+1 pure J/ so-Pf wt;; re re,. .lt:..-1; ;,(} · 1o la.,~t tt~ e., • the will h~ve., C.orr-off,'e,e~ .1 W(.1.,r-~ hot-,.S1>7~. ~d 5J.,";orih~ ,"n1'4is bu1ld,h1 . 11,e w;// 140 f be m~Ylu. {~tt{rYn) j~ -t/.i>~ bl'1. ·, ldrn, Jo Rev. 4/91 ProjOetc.frm J. • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CllY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 • ) ) ) ) Space above this line for Recorder's use Parcel No._4 _ZtJ::;;_;::...-1-q~---........::::.O_tf:;._.::;_/_-_oZ--'-7 __ AGREEMENT BE1WEEN DEVELOPER-OWNER AND THE CI'IY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 14th day of April HUGH V. PENTON and JANIS R. PENTON • (Name of Developer-Owner) )ij{ OONERS hereinafter referred to as "Developer" (Corporation, Partnership, etc.) 19 ~ by and between whose address is 2091 Las Palmas Drive, Suite A, Carlsbad, CA 92009-1519 (Street) (City, State, Zip Code) and the CilY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows:· 11,576 sq. ft. _o_F_F_IC_E..;./_W_:ARE_H_0_U_S_E_B_U_ILD_I_N_G _________ on said Property, which development • carries the proposed name of. ____ P_E_NT_O_N_OVE_RS_Ek\._S _______________ and Form Approved By City Council April 22, 1986 Reso. No. 9169 1 is hereinafter referred as "Development"; and _WHEREAS, Developer filed on the 14th day of April , 19 -22 'rth the City a request for SITE DEVELOPMENT PIAN / ----------~"-----------------L..-------- i -_______________________ hereinafter referred to as "Request"· ! , and WHEREAS, the Public Facilities Element of the City General Plan 1requires that the City Council find that all public facilities necessary to s~~e a development will Je available concurrent I with need or such development shall ~ot be approved (said element is on file with the City Clerk and is incorporated by this reference); and ' i WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional .. need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW TI-IEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or • other construction permits for the development and shall be based on the, valuation at that time. : ' ! Fonn Approved By City Council April 22, 1986 Reso. No. 9169 2 i I ,, .4 I This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing . I I building or structures into condominiums in an amount not to exceed 3.5%1 of the building permit i valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to . I the issuance of a condominium conversion permit as provided in Chapteri21.47 of the Carlsbad Municipal Code. Condominium shall ~elude community apartment or stock Loperative. The terms "other construction pennits", "other cf nstruction pennit" and entitlement ~fuse" as used in this agreement, except 41 reference to mo/ile home sites or projects, shall not refe~ to grading permits or other permits for the construction o~ underground or street improvements unless no other permit i is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other .. construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed ~pon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the I consistency of ~e Development with the City's General Plan. If the fee is not paid as provided I • ! herein, the City will not have the funds to provide public facilities and services, and the Fonn Approved By City C.Ouncil April 22, 1986 Reso. No. 9169 3 ' i ,, .. J development Will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to ~eposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances ~o enable Developer to ! I comply with any requirements of other public agencies as evidence of adequate public facilities and . I service sufficient to accommodate the needs to the Development herein de~cribed. 6. All obligations hereunher shall terminate in the event Je Requests made by Developers are not approved. I 7. Any notice from-<?ne p~rty to the other shall be in writing, and shall be dated and signed by the party giving such notice1 or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7 .1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7 .2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ell;Sure to the benefit of, and shall Form Approved . By Qty C.Ouncil April 22, 1986 Reso.No.9169 • 4 i ,, apply to the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include theµ-respective successors I I and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Deve~oper's interest in the property shall; have first assumed in I I I writing the Developer's obligations hereunder. I . 9. This agreement shall b¢ recorded but shall not create a liert or security interest in the Property. When the obligations ;of this agreement have been satisfi j d, City shall record a . \ release. form Approved By City Council April 22, 1986 Reso. No. 9169 I ,, 5 ( fndividua]) STATE OF CALIFORNIA } .. :F·· . . . . ... I COUNTY OF ___ s: ...... A'--"-'vU-=..--,...f),_,_i G"-"'-'/4_,,___=O__ ss. u t On ----~fti-,.._._f_e"""","-'' L ...... ~i_4~,__.l'-'2'-' -"-9--'--.2...-.C. __ before me, the undersigned, a Notary Public in and for said ~ State, personally appeared _____ t4,-L-'~"+--',Gi='-,Y:--l'-f-()--#-P-o'""r#:--"-"'fi'-'+'-J=~---'--'--::.S----------- ~ ~ I 'Cl a: ! ~ ;,.,~ =·~ 'Cl <( Jj ... -~ (I) ~ i ~ -~ ¢: ______________ persopally known to me (or proved to me on the basis of satisfactory evidence) to be the person __ whose name __ __,_l~G=-·--subscribed to the within instrument and acknowledged that _ ___,H,_,_,6~--- executed the same. WITNESS my hand and official seal. Signature a~4: :;,d'~.) r:?. ~ ~z;eta;n-ft. e6GS6 Name (Typed or Printed) FSD-067 OFFICIAL SEAL Patricia A. Reese Notary Public • Calrtorrna SAN DIEGO COUNTY My Comm. Exp. July 31 , 1995 (This area for official notanal seal) ' I f • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. I DEVELOPER-OwNER: HUGH V. PENTON and JANIS R. PENTON (name) By: Hugh V. Penton Owner (Title) By: (Title) ATfEST: .,, ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CI'IY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Fonn Approved By City Council April 22, 1986 Reso. No. 9169 6 , .) .' • • EXHIBIT•N LEGAL DESCRIPTION PARCEL 4 only in the City of Carlsbad, County of San Diego, State of California, as shown at page 12855 of parcel maps filed in the Office of the County Recorder of San Diego County, August 15, 1983. Fonn Approved By City Council April 22, 1986 Reso. No. 9169 .... 7 A I,, ( . ., PENTON OVERSEAS, INC GRAY KITTEN #5412m by FRAZEE PPG NINTERSTATE GREEN +UC51524 GLAZING:SHALL', BE SUNGLAS JADE ICE ' ' • ; . ~ '· ' .. INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I This Environmental Impact Assessment (EIA) Form -Part I will be used to determine what type of environmental documentation (i.e. Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly . determining the specific environmental effects of your project. Recent judicial decisions have held that a "naked checklist", that is a checklist that is merely checked "yes" or "no", is insufficient to comply with the requirements of the California Environmental Quality Act. Each "yes" or "no" n wer must be accompanied b a written ex lanation ·ustifying the "yes" or "no" answer. Jhis is especially important when a Negative ec aration is being sought. The more information provided in this form, the easier and quicker7t :Will7'e for staff to complete the Environmental Impact Assessment Form -Part I I. RECEIVED 1 :... • CASE NO. _______ _ DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (To be Completed by APPLICANT) App 1 i cant: 'Pe_ vtfo J/1 0 Vo-r. 5,e717 , J»c. . Address of Applicant: ~01/ l~~ P~/JvJ-t<-f Ov. ~~~ A (:2l.Ylsb7}.i CA ct/),.,-oo 1 Phone Number: ct 11 ) 4 ~ { tJ O (oo Name, address e contacted (if other than Applicant): ..1...-:::~__..~-L.....,!....n._ _ __L___,_::.1--~~~::::__ __________ _ Project Location/Address: Jmp?,A.(-?A tJyj'J'e, 1 C-z,,v/s/n/ 6A- {n.rf!. side ¾ /;,,, rJ.,.. 1 4-±'1. I• f •e?<s+ ,f p-J.,e,-w~ ) Assessor Parcel Number: ---z.,,D<:f -tJ4-'2---'1.-1 General Plan/Zon~ of Subject Property: f'_J" ______ _J..I __ M-'---a ___ _ Local Facilities Management Zone: _11 __ 6 _____________ _ Is the site within Carlsbad's Coastal Zone? _ __,}1'--'---=~'----------- Please describe the area surrounding the site to the ~ v/lfe/1/1,v-rv/,o~ G-z:..111.YtJJ(., w/ uvi~e.1J.e/1~ :::3 Y-r,c.J-e,,:;r. North: /Jt-z,.TvvJ ~et~ft,;)I\ lefc.-· East: n1dv~i':;j.;:J <lie South: &x,'s.-fm~ 1~J11f/nJ vf.e, West: V<)s'-n~'& de~Vbloped [!1dvdnJ ,;)/e ( c/<2 v-e fofl'&{ ) List all other applicable permits & approvals related to this project: trL,;{)/,;,,~ fbzi-,;.f • 2 (Please be Specifi, Attach Additional Pages or Efbits, if necessary) 1. Please describe the project site, including distinguishing natural and manmade characteristics. Also provide precise slope analysis when a slope of 15' or higher and 15% grade or greater is present on the site. -n,eve ls a, N'A-run,1:iL. 134N~ -ro -,t,,e No>z...-f'i 14"'>7" 1$ Gr~-/2!y --(l,l\,v /"51/o T'1e lS. A Gvt f!:>,q,v,I!_ O'v f4~e. ~4'5i '1_~-4 T I~ ~(f,o1'~'2- -(' J-i A:J ,v 15' ¼ 1 (,)le a.,;~ ,fo/_D 7 oe v-e lo ;>, ">) o ,v G'1 7" ~ • ..., t::)T 1 ~es<:: , w~ a..11< woyft.);~ l1ri a.,"' ex,s1">'hj pc..--d, 2. Please describe energy conservation measures incorporated into the design and/or operation of the project. afi ;..,Jr- VJi" IJ l,-Owtfly Vv/ CNYY~-r -hf/-,e -~4 ..et-1-eV-~~ c t.,v lfl'NY 3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). N/:A b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. N/A Qrf an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANDAG rates), estimated empl~~er ~ shifts, and loading facilities. d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. I'S /f>-.. 3 I. ENVIRONMENTAL IMPACT ANALYSIS 1) 2) 3) 4) Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Pro vi de supporting data if applicable. Attach additional sheets as necessary. Could the project present or future significantly impact or change land uses in the vicinity of the activity? EXPLANATION: ..:..,./2=1t..:..:;~t1--v"'--"-~-~---='c..:...i,,.:.___;'--'-=---"-v._z,,_·,_~_:.Jf.--+,~'--v--_;)_1 be_ LA1~ ~ Could the activity affect the use of a recreational area, or area of ae!thetic value? EXPLANATION: Jevdor~f-I? /ll!J-j-JW ~ ye,~. z.v-e.a • / I-/" ~ )Jt J</1 ~ r-e~ 3 0111.e£ Could the activity affect the functioning of an established community or neiphborhood; I} EXPLANATION: t,~11/) &~t~ ~)_),t, {)·'v/~ Ur . (Au ;u. sl~hi;;iUl'lf )u.e,,H::.·1~s-e) Could the activity result in the displacement of community residents? EXPLANATION: "71 Jun-re!5>k,t,,,1f.;/ k~f 4 YES NO I 5) 6) YES Could the activity increase the number of low and ✓ moderate cost housing units in the city? EX PLANA Tl ON: $}£'-.-/, jf,-tft 3'/ / ;;,/4,i9, ,6J 9 ! /y (9 't. ) , " .J "te !!if~ h~ I • -r"' ~ V bt 3 11 ? ; . .r r '"' Could the activity signific :ntly affect existing housing or create a demand for additional housing? EXPLANATION: tl1~";r cr-ett't-/vi51~:;-H1ht,,~111f <A.l.fb'IM'1l"'-). >;c re1t$-e' ~ h ~ po-s5, }!< ~ l11ht --121,Vlelo~ ,~e,,t-e~ ~ I 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? 8) 9) EXPLANATION: p y..ej y,P)~ 5; k Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: rz~7 v-ttAf 5; k I Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION: f2ye.....--J yJd <z"i -f-e {Ybv"/ h 4 V1).J1 ~O) 5 1/ / :... 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: --z. 1pre....::, v-~k< <J--f1:e, 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: J1t2VI g..UtJwVJ :25-,'Ore: 1 r2AJ..g,{ s: '. -/e: 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: _ _,,)1+'12~i'2.__-+8P-"~'------'y=-,e-=-~'-'1='-------- 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: nD-r --&,..'J Y; e, • 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: +/2i { w~hov~ ~hoJ{/. //wr +a-,;vmvw/,hv ~~ 6 YES NO / :... 15) 16) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? EXPLANATION: Is the activity carried out as part of a larger project or series o; projects? ) EXPLANATiON: <5))1.,,k /4~/e>p~I 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? EXPLANATION: J10111e-/LndWVI ~-+-:±~ .f-1~~ v 18) Will the activity require issuance of a variance or conditional use permit by the City? EXPLANATION: /toYJ{l V'~ !,/ 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: ·w-a-~v)} H, 4= ..r2dv~~ it p~_J nt7Af'4Vt)~ 7 YES / 20) Will the activity involve construction of facilities in a flood plain? EXPLANATION: f?.o+ kt 21) Will the activity involve construction of facilities in the area of an active fault? EXPLANATION: J1o /~//-k,-uowM ~k f-h11 >;iz; 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: )//~ -w-z,... lf-G,-hov~ ~'v1,t:r:= --tt ~ -;, k t,...11), f-j 11 j j_ vv ; 'ri ~ C,(JVI. qf I+ dv&f-~) ~ y(Y'Vh~ • 23) Will the activity involve the burning of brush, trees, or other materials? 24) EXPLANATION= /(I a jlJV//1) n 1; , ~ Jd, '< ~?,ti~ Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, ~ff-shore.) EXPLANATION: -'6--~//_)_M_T_~--z,,._/[e,~_v_/ __ _ ut~ n +hJv~ w--/-'.,,-. 8 YES NO ~ 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXPLANATION: J1o 5 i1tsl7,<v1-kl d.e-u-t"Z4,vzl t 01 £v ed 60.AfJVw-yoh ~\A 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? YES EXPLANATION: ktO -bv)'/);;r~ ~i// ~ . c,cn s-f ~ v 1,, -/41 <2Y\ 2 re/dt v-e/7 //A+ 1 v;3',k . 27) Will there be a significant change to existing 1 and form? (a) Indicate estimated gradi'?1to be done in cubic yards: S'OO 6LI. .:if~ . (b) Percentag~ a,teration to the present land form: o . (c) 1Maxil@m!!fight of C'i'~t or fill/)'.lopes: ~ t,v, ~ re--11 , It.It{ . . EXPLANATION: ~ -sik /~ /'-,~~~ hzvt'h q rdd. 28) Will the activity result in substantial increases ✓ in the use of utilities, sewers, drains or streets? EXPLANATION: k~e'r-1-e-wf-w; II J ~'$0-f efln i.,..,. J'rPt•l)/1 91J-eA,v-• /)hty!~;;f;; w~¼-f S"~ d--eMA~~ 011-lir s/,6ht/:j . 9 / ,, 29) Will the project significantly increase wind or water erosion of soils? EXPLANATION: n,;VI-l')./Y IS di ;ecf.e/ 1o sfv~~-f-ov tr/-~ fYOr-1 ltJt:z,.,ft~l/J . 30) Could the project significantly affect existing fish or wildlife habitat? EX PLANA n ON, M r01w~ bl Jr. h:of i:?1-'l P(_ wlkffi bD)~ 31) Will the project significantly produce new light or glare? EXPLANATION: /2 ~5j;1J' W;// JIJ eA-e~&,e 1/~y-e, ,'n., ,~;.,£,:;ti-.f l;t . YES / / :... I I. STATEMENT OF NON-S!IFICANT ENVIRONMENTAL EFFECTS. If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons below: III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature _ _, 0 ~=--'-=;=: J_ /--''-'~~-~.c.,___---------- ~pleting Report) Date Signed __ 4--+-/t_t _:.4--1-/_~__;__~ ____________ _ I l 11