HomeMy WebLinkAboutCT 80-22A; LATITUDE 33; Tentative Map (CT)REQUEST
O Zone Change []Precise Development Plan o General Plan Amendment 0 Specific Plan
Tentative Tract Map 0 Site Development Plan
o Planned Unit Development 0 Conditional Use Permit
,Major Condominium Permit 0 Variance o Minor Condominium Permit 0 Planning Ccxrmiss ion Deteimination
Master Plan . . 0 Special Use Permit
Complete Description of project (attach additional sheets if necessary)
SqzJ .
... . - -
Location of Project
Ot77 f4.oc,v p5 3 .
Legal Description (con-lete)
JYW i'W Lou r m'r z ..
- Assessors Parcel Number . 2 O62.Q _
Zone General Plan Existing Land Use
I3 . c Htisc7y 2C) 3C'
Proposed Zone Proposed General Plan Site Acreage
Owner'. - Apant
Name (Print or Type) Name (Print or Type)
-______
Mailing Address Mailing Address
_
City and State Zip Telephone City and State Zip Telephone
4—_?z'ig43 .
I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER! S REPRESENTIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT PD TEE BEST OF MY I-<NOWLEDGE AND CORRECT TO THE PEST OF NY KNOWLEDGE
SIGNATURE DATE SIGNATURE DATE
Li1e A j.R)veci Py
I
Fc..s32 { ReceiptD
.
L. u. i:p1i ccticn V1- t.Ji f ;i IT . C.w;c Nitbcr
______
I FOR N (A - WO LLqjç
. .
1 VT
8304 CLAiREMO"41 MES-A BOULEVARD • SN DIEGO, CALIFORNIA 92111 • (714) 2784171
PRELIMINARY REPORT
CAL 'JQRLD
FE3UARY 21 19 8- M11 Ddtc 'Attention: Your No. 80-1435
Our No. 33613-02
Dated as of 19-80 ..... at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, the insurer hereby reports that it is prepared to
;ssue, as of the date hereof, a California Land Title Association Standard Coverage Form Policy of Title Insurance describing the
land and the estate or interest therein hereinafter set forth in Schedule A, insu ring aeainst loss which Iiias' be sustained by reason of
an defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to
the printed Schedules, Conditions and Stipulations of said policy form. .
This report (and any supplements or amendments thereto) ,is issued solely tr the purpose of facilitating the issuance of a policy
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
t:tle insurance, a Binder or Commitment should be requested.
TITLE OFFICER
SCOTT xOLEa
mm
0 ...'"
• -.
: T
SCHEDULE A
The estate or interest in the land described or referred to in this schedule covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
tONE E. ELSNE1, AN UNMARRIED UOIAN AND
RUTH CLARK CRODDY, A MARRIED WOMAN AS
HER SULE AND SEPARATE PROPERTY, AS
TEMA?ItS IN COM1O
The land referred to in this report is situated in th Stutc of Ca1iirnia. County of SAN DIEGO
and is described as follots:
TUE ThESTELLY 100 FEET OF TIAcT 219 OF DTULALS, IN TUE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOfWIA, ACCCaDnC TO -.-1AP
THEREOF NO. 1681, FILED iN ThE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECDLBER 9, 1915.
EXCEPTING ThEREFROM THE NORflIEASTEflLY 65 FEET TLIEREOF
. -:- - ---- .-.
. - - --- - -
/ T.- SCHEDULE B
/
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy
form would be as follows:
f 1 GENEPAL AND SPECIAL COUNTY A?Th CITY TAXES
• FOR THE FISCAL YEAR ; 1979-1980
INCLUDING PERSCMtAL PROPERTY TAX, IF ANY,
FIRST INSTALLMENT : FAX])
SECOND INSTALLMENT PAYABLE
1979-1980 •• *
09000
204-062-03 • *
$1850O.O0
7", 500.00 •
NONE
NONE
$581.38 PAID •:*. •
$138 OPEN :.
2. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $73000.00, AND ANY
OTHER. ANOUNTS DUE AND PAYABLE THEREUNDER,
DATED • MARCH. 1, 1973-
TRUSTOR : lONE E. ELSNER AN J!ARRIED WCIMAN AND RUTH
ClARK CRUDDY A MARRIED WOt*IAN
TRUSTEE CALIFORNIA GENERAL MORTGAGE SERVICE, INC.,
A CORPORATION
BENEFICIARY SAM DIEGO FEDERAL SAVINGS AND LOAN ASSOCIATION,
A CORPORATION
RECORDED : NARC1 13, 1973 AS FILE/PAGE NO. 78-097336
3. & DEED OF TRUST TO SECURE AM I1,1-DE8TE]ThTESS OF $10,000.00, AND ANY
OTHER ANOUNTS DUE AND PAYABLE THEREUNDER,
DATED JANUARY 18,, 1978
TRUSTOR : lONE E. ELSNER, AN UNMARRIED WOMAN AND RUTH
• CLAPX CRUDDY, A HARRIED W0l'IAM
TRUSTEE SAFECO TITLE INSCRARCE COMPANY,
A CALIFORNIA CORPORATION
BEEPICIARY ROBERT J. TRUITT AND SHIRLEY H. TRIJITY,
- HUSBAND AND WIFE AS JOINT TENANTS
Ec0RDED NARGH 13, 1978 AS FILE/PAGE NO. 78-097387
4. ANY MATTERS HIC}! MAY BE DISCLOSED BY AM INSPECTION OF SAID LAND.
5. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO
SIX MONTHS FROM THE DATE HEREOF.
• - 6. OUR 116 INDORSEMENT 1,11EN ISSUED IN CONNECTION WITH THE ALTA POLICY
WILL SEJ •• -
TYPE OF IMPROVEMENT SINGLE FAMILY REStDE:CE
PROPERTY ADDRESS . 3254 LINCOLN STREET
• CARLSBAD, CALIFORNIA
OUR A.L.T.A. POLICY, WHEN ISSUED, WILL CONTAIN C.L.T.A. INDORSE-ENT plO.
100.
TAX FIGURES FOR
CODE AREA
PARCEL NO..
LAND • DIPROVEMENTS.
PERSONAL
EXEMPTION
ANT OTHER EXEMPTIONS :
FIRST INSTALII4ENT
• •SECOND INSTALLMENT :
• ROBEFZUMWALT, -
COUNTY CLERK
PLEASE PRINT OR TYPE - • County Courthouse, 220 West Broa.. .y
ORIGINAL AND THREE COPIES P. 0. Box 128, San Diego, California 92112
(714) 236-2200 Business Office
FILING FEE I
SlO 00 FOR FIRST BUSINESS NAME ON STATEMENTI I SE hVESL SD IL 2:00: FOR EACH ADDITIONAL BUSINESS NAME I
J I FILED ON SAME STATEMENT AND DOING I ' I BUSINESS AT THE SAME LOCATION I I 164""
's
______flTh1OUS BUSINESS NAME STAME4T1
This Space For Use u.
If ri OR IGNAL FILED
l' BUSINESS DIVISION
APR 10 1990
ROBERT ft ZUM WALT
'T1E!K, SA D!E'30
THE NAME[S] OF THE BUSINESS[ES:
--------------------------------------------------------------------------------------------------------------------------------
(Print Fictitious' Business Name [s) on Line Above)
**LOED ...i1i:
(Street Address - If None, Give Exact Location and P.O. Box or Rural Route)
IN:
(City and Zip Code)
IS [ARE] HEREBY REGISTERED BY THE FOLLOWING PERSON[S]: -'
(Full Name - Type/Print) /
(Residence Address or, if corp., state of incorp.)
(City and Zip Code)
/J2
(Full Name - Type/Print)
(Residence Address or, if corp., state of incorp,)
(Fy11 Name - Type/Print) /
(Residence Address or, if corp., state of incorp.)
(City and Zip Code) /
(E'iill Name - Type/Print)
(Residence Address or, if corp., state of incorp.)
(City and Zip Code) (City and Zip Code)
This business is conducted by: Dan Individual D Individuals - Husband and Wife <'a General Partnership
Da Limited Partnership Da Corporation 0 a Business Trust 0 Other (Specify) .............................
SIGNATURE OF REGISTRANT:,2. .... ... ...................................
(Print Name of Person Signing and Title)! -----
THIS STATEMENT WAS FILED WITH ROBERT D. ZUMWALT, COUNTY CLERK OF S'AN DIEGO COUNTY
ON DATE INDICATED BY FILE STAMP ABOVE
•ii..'-i:
STATEMENT EXPIRE
3o L
FOR NEWSPAPER PUBLICATION ASSIGNED FILE
iii5310
CALIFRISA-WORLb T1!E .LMPANY . .
. . . . 83O4CLAREMONTMESA BOULEVARD SAN DIEGQ.CALIFORNIA92I11. (714) 2784171
THESE INSTRUCTIONS AMEND AND SUPERCEDE THOSE INSTRUCTIONS DATED FEBRUARY 19, 1980 AND • •
. . MARCf28;180
BUYER'S ESCROW INSTRUCTIONS : ESCROW NO............ . . . . . . DATE . 8O __
TO: CALIFORNIA WORLD TITLE COMPANY . ESCROW OFFICER
1. I will handyou S....QQP.?.PQ.'....Wi ..pdYounçdj.t.mlal MEMO
2. depositin the amountof $5,000.00 on orbefore
3 April .:r9, 'goo, execute an A11-Incusive Deed of Cash through Escrow .........QOO QQ_
4 Trust and Note -in the amount of $135,000.00 irrfavor Encumbrances of Record . .
5• FST1êFs....IiTn......TiThe....bäTiRf AITD-Seller 135000:00
6 ....öâh....to....]e f.escrowt6c6m- ...comb ....................
: : TOTAl. CONSIDERATION 129.,.900 .00
9. and any additional funds and instruments required from me in enable you to comply with these instructions, which you are to use on or before
10. ............ ..........J9..8Q., and when you can issue your ........CL.. ........... . .... .._S/a/d'a/d/O'w1sirfs/ Joint Protection
11, Policy of Title Insurance for S.......J.9Q.Q.O...QP........__........ ....on real properly in the County of San Diego. State of California, via
12. The i:ct.19.
13. San Diego, State of Cal iforiia 2 acçordjnq
Map thereof.........1.i3..fJ.i.adJ.nthe.Jffise...of
ii.. co.wy Recorder Qf.. ....County
15. .XQELU1G..
. . ............
•11. showing title vested 8IQLA..aera1
..............
.19. free of encumbraoce EXCEPT:.............A...I......_....... ......City of....C.it.iSJ2.&cL......and County of San Diego taxes for fiscal year 19.8.O...19....8.1;
20 ........... ... - .. * - , ,...... ......................... .. ..
21. (IT IS UNDERSTOOD THAT YOU MAKE NO REPORT OF TAXES ON PERSONAL PROPERTY which may be a lien on the real property herein described. until the
22. above taxes on such real property become due, and that your Company is not liable for the payment of the said taxes. It is further understood that in the event
23. no personal property is being transferred through this escrow, and in the event County real property taxes for the latest year for which information is
24, available included personal property taxes, you are directed and authorized to withhold from Seller's funds at close of escrow on amount which you
25. estimate to be sufficient to coyer 'personal property taxes which might be included with real property taxes for. the coming year. You are to retain such
.26. foods until you have sufficient information to enable you to make the proper adjustment; or at your option, at the close of this escrow, you may charge
27. the Seller and credit the Byer with your estimated amount of such taxes, in which event you shall have no further liability or obligation in connection
28. with said taxes.)
29. Special improvement assessments as follows:........N.9.N_x .... ......flY. Sellers ..l10 at ...payC1oe of escrow.
30. EASEMENTS, RIGHTS OF WAY, CONDITIONS, RESTRICTIONS, AND RESERVATIONS OF RECORD, INCLUDING SO-CALLED ZONING ORDINANCES;
31. A First Deed of Trust of record in the Original Amount of $78,000.00 in favor of San
32. Diego Federal Savings & Loan AssociatiOn.
33. A Second Deed of Trust of record in the Original Amount of $10,000.00, in favor of 34.
35. Robert J. Truitt and Shirley W. Truitt.
36. BUYERS HEREIN to execute an All-Inclusive Deed of Trust and Note in favor of Sellers
37. herein, as they now vest title, in the amount of $135,000.00, repayable interest only
38. monthly, with interest at the rate of 13 per cent per annum, commencing at the close of
39. escrow, first interest only payment due I month from close of escrow, continuing monthly
40. thereafter until 26 months from close of escrow, at which time-all remaining p'incipal
41. and accrued interest due thereon becomes immediately due and payable. Interest only pay-
42. .ments to include an 'or More' clause. IN ADDITION, Trustors shall make a Principal Reduc-
43. !tion payment in the amount of $12,000.00 1 year from close of escrow.
44. ,THE ALL-INCLUSIVE NOTE TO CONTAIN THE FOLLOWING PROVISIONS: 45*
46 . 1) Beneficiary agrees to allow Trustor to make Principal Reduction payments on Note
47 herein to reduce the Principal balance to $35,000.00 and in that event, Benefic-
48 iary shall pay in full the underlying encumbrances of record. In the event the
49 First Trust Deed holder, San Diego Federal Savings and Loan Association, charges
50. a pre-payment penalty in connection with the pay-off of the First Trust Deed,
51. Trustor herein shall remit the equivilant of same to Beneficiary in addition to
51 the Principal reduction on this Note.
53. CONTINUED ON PAGE TWO...
55 The following PRORATES and ADJUSTMENTS are to be made in this escrow: All prorations based on a 30 day month.
56. Interest on Trust Deeds OF RECORD and any foods shown impounded for future payments of tones, insurance, etc., or Mortgage Insurance Premium paid
57. F.H.A. during past 12 months, based on Beneficiary's Statement, to . ............ - .........LA ..._. ................
SB. Interest on HEY! ENCUMBRANCES, by endorsement on notes, to ................... ........N/A- .....................................................................
59. or to date shown above for starting interest, whichever date is latex.
60. Interest on improvement bends (if any). to .................... ... ...................................... .N/A_ .... ... ..... ........
61. City, County and any irrigation district tones to ............... çJQ,e....tow..... ........................................based on latest information available.
62. Rentals, on basis of statement furnished by Setter or Broker, to ... ........ ............. .c.Io.s.e....of....e.sc.r9w. ................. .......................................... .....
:,.. PAGE-1 OF 3.PAGES
2' -: .......... '
4 .
CALIFORNIA WORLD TITLE CO. ESCROW NO. 80-1449
8304 Claireniont Mesa Blvd. DATE: April 8, 1980
San Diego, CA 92111
CONTINUED FROM PAGE ONE...
2) At such time as the Note herein is reduced to the Principal amount of
$35,000.00, interest on same shall increase to 15 per cent per annum,
commencing upon date of said reduction and continuing thereafter until
maturity date stated hreon. Paymentson same to be interest only semi-
annually, commencing 6 months from date of Prinôipal reduction to $35,000.00.
3) Upon the reduction of the Principal balance of Note herein to $35,000.00,
Beneficiary agrees to subordinate this Note and Deed of Trust securing
same to a new Construction Loan to be obtained by Trustors herein.
4) In the event the completion and sale of 7 units on property securing
this Note is prior to the maturity date stated on Note, then and in that
event, Beneficiary agrees to partial releases from obligation herein for
each unit sold as follows:
a) Trustor shall pay to Beneficiary the sum of $5,000.00, plus interest
due on the remaining principal balance at the time of said payment
for each unit to be released. This agreement shall be binding on
the heirs, devisees and/or assigns of Beneficiary herein.
THE ALL-INCLUSIVE DEED OF TRUST AND NOTE, SUBORDINATION AGREEMENT AND RELEASE CLAUSE
SHALL BE, BE DRAWN OUTSIDE OF ESCROW AND BE APPROVED BY BUYERS AND SELLERS HEREIN.
THEIR APPROVAL WILL BE EVIDENCEDBYTHEIR EXECUTION OF SAID DOCUMENTS ON OR
BEFORE MAY 15, 1980. ESCROW HOLDER'S ONLY CONCERN WITH SAME IS TO CAUSE THE
ALL-INCLUSIVE DEED OF TRUST TO BE RECORDED WITH OTHER DOCUMENTS IN THIS TRANSACTION
AND TO DELIVER THE NOTE TO BENEFICIARY HEREIN AT THE CLOSE OF ESCROW.
Further, escrow holder is directed NOT to order a Beneficiary's Statement from the
lienholders of record and Buyers herein to rely on the information furnished in escrow
by Seller showing the unpaid balances, terms and conditions of the first and second
Trust Deed holders.
California World Title Company is hereby relieved of any and all responsibility and
liability in connection with same and is specifically instructed not to communicate
with said lienholders in any way duing, at the closing of escrow or after the
closing of escrow and is to be held-safe and harmless from any action arising
-therefrom. -
Sellers herein agree to cooperate with Buyers in obtaining any and all permits required
for the development of subject property and Sellers hereby authorized Donald A. Country-
man to act as their agent in connection with same. Buyers to pay for all .costs and
permits in connection with the development of the property.
Sellers herein reserve the right to enter into an exchange transaction under the Internal
Revenue Code 1031 and Buyers herein agree to cooperate with Sellers in the event this
condition is excercised.
Sellers herein agree that they will not negotiate or sign any leases on subject property
during the course of this escrow, without the written approval of Buyers.
Buyers are to accept the property herein being conveyed in an "as is" condition.
THE PARTIES TO THIS ESCROW ARE AWARE THAT THE SELLERS ARE LICENSED TO SELL REAL ESTATE
IN THE STATE OF CALIFORNIA.
INCLUDED HEREIN AS A MEMORANDUM ONLY FOR WHICH ESCROW HOLDER IS NOT TO BE CONCERNED,
NOR HELD LIABLE FOR:
Buyers and Sellers shall agree to a subordination agreement outside of escrow in con-
nection with the $35,000.00 portion of the Note.
Sellers shall maintain subject property's plumbing and electrical in good working con-
dition through the close of this escrow.
This agreement null and voids any other previous -agreements between the parties prior
to the datd on these instructions. .
:;. ....
63. Premium o ... L!_.......,.........flRE INSURANCE Policies to..._._... . . N/A. . . _..,,.,,.,.....,,..on building situated either
84. xo property described above or an premises known as
65. You are to assume that any such policies are in force and that the premiums thereon are fully paid.
86. Hake prorations on basis of 30-day month. 'Close of escrow" shall mean the day papers are filed for record. Hake disbursements by your check.
61. Have fire insurance policies, including coverage, if any, on personal property, assigned to Buyer with mortgage or loss payable clause attached in favor of
68. holder or holders of encumbrances, if any, as shown on page one hereof: and have said policies mailed to holder of first encumbrance, if any. othcrwise
69. to Buyer. Mail title policies to holder of first encumbrance being recorded concurrently herewith, if any, otherwise to Buyer. Other documents and checks
70. in my favor are to be ulailed to my address below.
11. I agree to pay on demand usual Buyer's charges including recording Deed, drawing any Trust Deed executed by me, drawing and recording any other
72. documents necessary on my part, and one-half of Escrow fee. .
73, If the conditions of this escrow have not been complied with at the time provided herein, you are nevertheless to complete the same as soon as the
74. conditions (except as to time) have been complied with, unless t shall have made written demand upon you for the return of money and/or instruments
75. deposited by me. Time is hereby declared to be of the essence hereof. In the event that this escrow shalt not be in a condition to be closed by the
76. dale set forth on Line 16, on Page One hereof, the party who then shall have fully complied with his instructions may, in writing, demand the return of
77. his money nod/or instruments.
78. The undersigned agree that in consideration of your acceptance of the within escrow you shall not be liable for the failure of any of the conditions
19. hereof caused by the exercise of your discretion in any particular manner, except gross negligence or wilful misconduct. -
80. Should any controversy arise between the parties hereto, or any other person, you shall not be liable to take any action of any kind but may withhold
81, all moneys, securities, documents or other things herein deposited until such controversy shall be determined by agreement of the parties, or by proper
82. legal process.
83. It is understood that the fees hereunder agreed to be paid for your services are for ordinary and usual services only, and should there be any
84. extraordinary or unusual services rendered by you hereunder, the undersigned agree to pay to you reasonable compensation for such extraordinary or
85. unusual services, tugeUer with any costs and expenses which may be incurred by you in connection therewith; and you are hereby given a lien opAn all
86. ducuments moneys, and securities herein deposited until you have been so compensated or reimbursed.
81. It is understood that no examination will be made of the records pertaining to water rights and contracts, and other mutters pertaining thereto.
88.
89.
90... LATITUDE 33, A General Partnership..
Buyer's . Buyer's
..... ...._._._._ ...._._.. ......._. ..Signature...Xi_.........._..........
JAMES-F. GARRO . DONALD A. COUNTRYMAN
Address:.9tPJ 712 Kenningtqn ...._.......: .-...-;-.....
(STflfl' AND NUNDZN) .
Lepcadia, CA 92024
(CITTI ISTAT) ZIPCOO) (CITYl IBTATC (XIpCOO)
Telephone:..:...Jz.2...4................... ...... ........ ....... ....Telephone:.....................--------------
SELLER'S ESCROW INSTRUCTIONS
8, 1980
91. THE FOREGOING TERMS, CONDITIONS AND/OR INSTRUCTIONS ARE HEREBY CONCURRED IN, APPROVED AND ACCEPTED. I will hand you all instruments and
92. money necessary for me to comply therewith, including a Deed to the property described, executed by...........Sell.e.rs
93........__...__ .....-.--..-...........................................................................................-..-.-...-..-....-..-..----------
94. which you are authorized to record or deliver upon payment to you of the sum of S..l90.,.O.O.O .O.O............_......_...,....................,.and from which you
95. may pay all Demands for all encumbrances on said property, except asset forth on page one hereof: In the ement o1h.e.r.At.eM5___
96. deposi.ted...to..escraw.,...au.thor.izaUoa.tu...paY..S.ame..shai1.he..hY.... written ....ins.tr.u.c.t.ion....._....
97........._.......__.
98. .......
99. Attach U. S. Internal Revenue Stomps to Deed in the amount of $.._ required
106. You will send to me any Promissory Notes in my favor delivered to you and, as my agent, assign any fire-and other insurance of mine handed you,
101. or that Beneficiaries inform you they hold. I agree to pay usual Seller's charges, including those for Policy of Title. Insurance, one-half of Escrow Fee,
102. drawing any Deeds or other instrument executed by me or necessary on my part, revenue stamps, recording any Trust Deed in my favor, assignments
103. on Insurance policies, and obtaining Offset Statements, Beneficiaries' Statements and/or Demands.
104. Make check for balance payable to: ........y.e..t... title ....... ....._ ............. ........ .............
105. Said check to be mailed
Seller's Seller's
Signature: ............... . .......... ...._ ................_ ........Signalure:..... ___ ...... _ .............._.. ....
lONE E. ELSNER RUTH CLARK CRODDY
Address: .......... /..S.J.S....REALT.Y. ............................................ ....... . ...... Address: ...... 25E4... State ... L...S?A ...... .
(5TET AND NUNflJ ICITYI IZ$P co oft ) JSTAZZT AND NUMCA) ICTYj 421P CODE)
Telephone: ......434...l.55O........ ......... ................ Telephone .... ... ....... ......... .'._......-, ....
Setter's Seller's
Signature' ..... .. ...................... .... _ ........ .... ......... .................. - ......................... .Signature: ......... - ........ ....... _,.,._....,....,.,.......,.,..,...,......,.............
Addres . Address: ....... ......... . ........ .................. .. ..................
J .hS.O . (STREET AND NUM, •csnyi
xeseo,
. .
I
.Telephone'... ..........................-..............................................................Telephone'............:................
,,.,.,,,,,........
PAGE 3 OF 3 PAGES
;• •:
Tc ' aer the informatyou have submitted has been •ewad, it is determined
that further information is required, you will be so advised,
APPLICANT:
Name (individual, partnership, joint venture, corporation, syndication)
ss Address
Telephone Number
AGENT:
Name
Business Address
Telephone Number
MEMBERS: A 1712_1 Q__
Name (i.ridividual, partner,/joint Home Adfress
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
b/Ame '56 / Heress
AL Vic 1-,k
Business Address
-
Telephone Number Telephone Number
(Attach more sheets if recessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
465, f
Applicant
BY x
Owner, Partner
ATTACHMENT 1
Byron E. Countryman Home:
Business: 3460 Wilshire Blvd. 10th Floor 47 N. Lima St.
Los Angeles, CA 90010 Sierra Madre, CA 91024
(213) 487-0347 (213) 355-8540
James A. Countryman Home:
7616 Girard Ave. 120 12th St.
La Jolla, CA 92037 Del Mar, CA 92014
(714) 459-3232 (714) 481-6704
Jack W. Groswith Home:
Business: 1712 Kennington Rd. 942 Santa Helena
Leucadia, CA 92024 Solana Beach, CA 92075
(714) 436-3521 (714) 755-8888
EXHIBIT 'IA"
LEGAL DESCRIPTION,
The Northwesterly 100- feet of tract 211 of Thui1ands, i'n the City. of Carlsbad,
County of San Diego, State .of California according to 'map thereof No. 1681,
Filed in the Office of the County Recorder of San Diego County, December 9, 1915.
Excepting therefrom; the Northeasterly 65 feet therefrom. .
I. SPECIFICPEQUIPENTS UN' RQURMNTS
D General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items H-O
3. Reproducible 1:500 scale map of subject property showing
requested zoning and surrounding zoning and land uses
4. Fee: General Plan Amendment $200.00 + $5.00 per lot or acre
Zone Change $500.00
D Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
-. eighteen(18) copies of items A-D
-items E--O
. 3. Fee: Master Plan $1,000.00 + $2.00 per/acre
Specific Plan $1,000.00
Master Plan Amendment: Minor $50.00 + 2.00 acre
Major $500.00 + $2.00 acre
Tentative Tract Map
(L.'J 1. Application Form
2. Eighteen (18) copies of the Tentative Tract Map
3. General Requirement Items
- eighteen(18) copies of items A-C
- items E, G-K, M-P
4. Fee: $500.00 (1-25 lots or units)
$750.00 (26-100 lots or units)
$1,000.00 (100 ± lots or units) & Planned Unit Development
1. Application Form
2. General Requirement Items:
- eighteen (18) copies of items A-D
- items E-O
3. Fee: 4 or less units $50.00
5 or ncre units $200.00
D Major condominium Permit (5 or more
1. Application Form
2. General Requirement Items:
- eighteen(18) copies of items A-D
-itemsE--O
3. Conversion to Condominiums - list of names and addresses
• of all tenants of the project.
4. Fee: $50.00 + $1.00 per unit.
D Minor Condominium Permit (4 or less units)
1. Application Form
2. General Requirement Items:
- three (3) copies of items A-D
- items K, L, 0
3. Conversion to Condominiums - list of names
and addresses of all tenants of the units
to be converted to condominiums.
4. Fee: $50.00 + $1.00 per unit
D Site Development Plan
1. Application Form
2. General Requirement Items
- thirteen(13) copies of items A-D
- items E-L, 0
3. Fee: $350.00
[j Conditional Use Permit
1. Application Form
2. General Requirement Items:
- thirteen (13) copies of items A-D
- items E-O
3. Fee: $400.00
4. Conditional Use Permit Supplemental Sheet
Variance
U 1. Application Form
2. General Requirement Items-
- thirteen(13) copies of item A
- items E,G,H, 3-N, and I if applicable
(see Title 19. Environment)
3. Variance Supplemental Sheet
4. Fee: Single Family = $100.00
Other = $250.00
D Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
- thirteen(13) copies of items A and D
- items H, K, and L
4. Fee: $25.00
*
&TAM'MENT A LEGAL DESCRIPT.II
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /7 day of________________
by and between Latitude 33 -
.• . Donald A. Countr an, Managing Partner - t
(name of developer-owner)
a Partne'ship ,heremnafter referred to as
Corporation, partnership, etc.)
• "Developer", whose address is 1712 Kenni ng ton _R _F
(street)
Leucadfa, CA 92024 , and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as '.'city", whose .address is 1200 Elm
Avenue, 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:
Ci8o-. CA .)/ • •
on said Property, which development carries-the proposed name
of Latitude 33
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the ___day of
• 19k, w if- h the City a request for : Condomi'ni'um pe rmit & Tentaive
subdivision map.
• (.herinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that all public
facilities necessary to serve a development will be available
concurrent with need or such development shall not be approved
(said element is on file with the City Clerk and is incorporated
by this reference; and
WHEREAS, Developer and City recognize the correctness of
Council Policy No. 17, attached to and made a part of this
• agreement, and that the City's public facilities and services
are at capacity and will not be avai]abie to accommodate the
additional need for public facilities an&.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 sorvices and facilfLtio3; and, therefore, Developer proposes
C t 80 6r-0 • 2. •
Cp /01 CA) • • •
to help satisfy the General Plan as implemented by Council Policy
No. 17 by payment of a public facilities f ee.
NOW, THEREFORE, 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 2% of the building permit valuation
of the buildings or structures td he 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 develop-
ment and shall be based on the valuation at that time. 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. A credit toward such fee shall be given for land which has
- been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing buildings or
-structures into condominiums in an amount not .to exceed 2% of the
* building permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium -conversion permit as provided -in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other c-onstruction permit" and "entitlement for use'! as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer -Co grading permits or other permits for
the construction of underground or street improvements unless no
other permit is necessary prior to the. ue or occupancy for which
3,
the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 foi each mobilehome 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 ddition to any Lees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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
agred upon 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 agree-
ment. 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 consistency of the Development with the
City's General Plan. If the fee is not paid as provided herein,
the City will not have the funds to provide public facilities and
services, and the Development wi 11 not be consistent with the
General Plan and any approval or permit for the Development shall
4.
4
he 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 deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
.• faciiitis 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
to enable Developer to comp],ywith any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of th& Development herein
described. .
6. All obligations hereunder shall terminate in the event
the Requests made by Developer are not approved.
• 7. Any notice from one party to the other shall be in
writing, and shall be dated and signed by the party giving such
notice 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 envcloie, addressed to the City for attention
of the City Manager, postage prepaid and certified.
7.2 If, notice is given to Developer by personal delivery
thereof to Developei or by depositing the same in the United Stat:cs
5.
•:
• 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 inure to
• the benefit of, and shall apply to, :the respective suc6essors and
assigns of Developer and the City, and references to Developer
or City herein shall be deemed to be reference to and include their
respective successors 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 Developer's
interest in the Property shall have first assumed in writing the
Developer's obligations hereunder. •
• .9.. This agreement shall be .'recorcIed but shall not create
a lien or' security interest on the Property. Vhen the obligations
of this agreement have been satisfied, City shall record a release.
/1/ •. .. ••.. . . .
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• I • • •
/t/ . • . •
/1/ • - • ... • • •
/1/ . • •.•
• • • . • . •
• • .• •
•
-4--cia
•
•
IN WITNESS WIIEREOF,.this agreement is executed in San Diego
Coui-ity; california as of the date first written above.
DEVELOPER- OWt'ER: CITY OFCARLSB1D, a municipal
corporation of the State of California
ame
..
0•• •. • H
•
I
0
• By
City Manager
• (Title)
By______________________________ 0
• • • (Title)
1'TTEST: •. •• • • •
• METIIA L. RAUTENKIANZ, City Clerk-
APPROVED AS TO FORM: 0 •
• VINCENT F. BIONbO, JR.,,
City Attorney • • •
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
be attached.)
7 • .•••
known to me to ba.one Of the partners of the partnership
that executed the within instrument and acknowledged to me that
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
BILLIE MALLEY
NOTARY ,PUBLIC - CALIFORNIA
Principal Office In San Diego County
My Coithniss ion Exp. Nov. 26, 1982
Signature
Billie Malley
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STATE OF CALIFORNIA
COUNTY San Diego
On_
January6,l982
_______________________ before me, the undersigned, a Notary Public in and for
said State, personally appeared
__Donald. A Countryman
Name (Typed or Printed)
(This area for official notarial seal)
fk
PINE AVE
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WALNUT AVE.
315L+ LIKLCOLM
CASE NO. ci 8022(A) CP01(A)
APPLICANT-LATITUDE 33 - VICINITY Pomom