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HomeMy WebLinkAboutCT 82-13; Hamsayeh Ardeshiri; Tentative Map (CT)r Location of Project South side of El Fuerte Street, West of Cacatua. Street. REQUEST D Zone Change DGeneral Plan Amendment ^.Tentative Tract Map '^Planned Unit Development D Major Condoioinium Permit D Minor Oondoniiniura Permit DMaster Plan D Major Condominium Conversion D Precise Development Plan DSpecific Plan DSite Development Plan DConditional Use Permit D Variance C Q Planning Ccmmission Determination D Special Use Permit D Administrative Variance Complete Description of project (attach additional sheets if necessary) Proposed planned unit development utilizing the existing pad grades as much as possible. We are proposing 4 lots with a private street and common area. Legal Description (complete) Lot 552, La Costa Meadows, Unit No. '3, Map No. 7076. Assessors Parcel Number 225-370-28 ::::::::::; Zone R-l-75 Proposed Zone R-l-75 General Plan Residential Existing Land Use Pregraded Pad, Vacant Proposed General Plan Residential Site Acreage 3.902 Acres Owner Applicant Name (Print or Type) G.M. Hamsayeh and P.A. Ardeshiri Name (Print or Type) G.M. Hamsayeh and P.A. Ardeshiri Mailing Address 2245 La Amatista Mailing Address 2245 La Amatista ity and State Del Mar, Calif. Zip Telephone 92014 714-755-8672 City and State Del Mar, Calif Zip Telephone 92014 714-755-8672 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL TEE ABOVE INPORMATICN IS TRUE AND CORRECT TO THE $EST OF MY KNOWLEDGE I CERTIFY THAT I AM THE OWNER'S REPRESENTIVI AND THAT ALT, Tf IE ABOVE^ INFORt^IATION IS TRUE AND CORRECT TO TEE BEsVkOF MY KNOWLEDGE SIGNATURE .Recew^l Bj/ toes" Application. i:;icej>/ed| Staff Assigned Case Ifemfaer I. SPEC!TIC j^UIREMENTS • -...-•-'. General -Plan Amendment/Zone'Change ~' ——- ___ 1. Application Form ""^ 2. General Requirement Items H-Q 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 t-laster Plan/Specific Plan/Precise-Development-Plan 1. Application Form~'"" ' 2. General Requirement Items; - eighteen (18) copies of items A-D - items E-Q 3. Fee: Master Plan $1,000 + $2.00 per/acre Specific Plan $1,000.00 ; Master Plan Amendment: Minor $50.00 + 2.00 acre Major $500.00 + 2.00 acre ••Precise Development Plan: $500.00 .Tentative;Tract•Map Appl icat ion' "Form Eighteen (18) copies of the Tentative Tract Hap General Requirement Items - eighteen (18) copies of items A-C - iJtems^E, G-K, M-R Fee :V£5JXhOO (1-25 lots or unite )- $750.00 C2FnUO~lots or units) $1,000 (100 + lots or units) 'Extension: 1/2 of original fee Revision: 1/4 of tentative map and regular fee on additional lots or acres. Planned • Unit • Development TI Application Form 2. General Requirement Items: - eighteen (18) copies of items A-D - -items E^Q . -_. .^^—-.^^__ 4 -6r_J.ess units _$50 .00 \5ormore units - 3. Fee: Major Condominium -Permit (5 -or -more -units) "TI Application Form ~"~ ' '• 2. General Requirement Items: - eighteen (18) copies of items A-D - items E-Q 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of • notification of the tenants 60 days prior to filing tentative map. 4. Fee: $50.00 + $1.00 per unit . $5.00 per unit for notification of tenants Minor•Condominium Permit (4 or less units) TIApplication Form 2. General Requirement Items: - • three (3) copies of items A-D items K, L, O, P, Q 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 Site; Development Plan TIApplication Form 2. General Requirement Items thirteen (13) copies of items A-D items E-L, 0, P, Q 3. Fee: $350.00 Conditional-Use•Permit/Special•Use^Permit TIApplication Form. 2. General Requirement Items: thirteen (13) copies of items A-D items E-Q (items M,N & 0 not required for Special Use Permit) 3. Fee: $400.00 * Variance ... Application Form 3. 4. General Requirement Items: - thirteen (13) copies of item A items E, G, H, J-N, I if applicable, and P (see Title 19. Environment) Variance Supplemental Sheet Fee: Single Family = $100.00 Other = $250.00 Planning•Commission•Determination TIApplication 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 Administrative•Variance TIApplication Form 2. General Requirement Items - (3) copies of items A & D, if applicable - items G, H, J-N, and P 3. Fee: $100.00 II. GENERAL REQUIREMENTS A- Site Plan: Shall include the following information: - Nemo and address of applicant, engineer arid/or architect, etc. - All ease/rents — Dir^nsioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress off-street parking and loading areas showing location, number and typical dimension of spaces, and v.ticel stops. - distances between buildings at>d/or structures - building setbacks (front, roar and sides) - location, height, and materials of walls and fences - location of freestanding signs - all driveways to scale on adjacent and across-the street properties for a distance of "TotTToet feyond f the" lirafts of~~suEject site. - _existing curbs, gutters, sidewalks and existing paving-widths within 100 feet on adjacent and across the street properties. — typical street section . - any existing median islands within TOO feet of subject site. - nearest cross streets on both sides with plus or minus distances from subject site. - location of all buildings within-TOO-feet'of'subject' properties; - a vicinity m^p showing major cross streets - a suninary table indicating the following information: site acreage ' existing zone and land use proposed land use ' total building coverage ..'- - ~_ building &q. footage • •"-'• --• • percent landscaping . number of parking spaces } sq. footage of open/recreational space (if applicable)' cubic footage of storage space . (if applicable) : 3. C. D. Prolimnary Grading• a-id-Drainage• Plan* (24"x3f>") - existing and proposed contours en the site and v;ithin 100 feet of the boundaries of the site. - elevations of the site existing on-site trees; those to be removed and those to be saved. Preliminary • Landscape and _ir r ig at ion _P1 an* (24"x36") location of: planting areas ancl typical plant materii (quantity and size) -- • location of areas to be irrigated materials Building Klcvationr. arvl Floor Pi an?;* !24"x3G") - ETooi: plans wiW square; ioolafies" included - location aivl size of storage areas nil IniiJilin<|:j, r,l'.ri!cLui:es, w.YLl:; ami/or fences, signs and exterior lights. K. L. O. R. One (1) copy of colored site plan (24"x36") , One'(1) copy of colored elevations (24"x36") , ' . One-(1) copy each of 3 1/2"x11" site plan and 'Ol-iv&liOT.s. One (1) copy of 8 1/2"xT1" location map (suggested scale 1:200" - vicinity maps on the site plan are not acceptable) Environmental Impact Assessment Form ($100) Public Facility Agreement: 2 copies: One (1) notorized original, One (1) reproduced copy. Disclosure Statement Photostatic copy of deed with complete legal description of subject property or other form of description acceptable to the Planning Director.• Property Owners' List and Addressed Stamped Envelopes (Not needed for Site Development Plan, Special Use Permit and Minor-Condominium Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of the property involved: The list shall include the San Diego County Assessor's parcel number for each parcel, which shall be obtained from the latest Assessor's rolls. 2) Two separate sets of addressed stamped envelopes (four sets for condominium conversions) of the names and addresses of all property owners (including occupants if condominium conversion). For any address other than a single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES. 300 Foot Radius Map' (Not heeded for Site Development Plan, Special Use Permit and Minor Condominium Permit). A map to scale not less than 1" = 200" showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is Impractical. For residential projects within Vista, San Marcos, Encinitas or San Dieguito School Districts, the applicant shall Indicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. Preliminary Title Report Proof of sewer availcibil ity if located in the Leucadia County Water District. Statement of agreement to waive tentative tract map time limits. *NOTK: ' AM- UXIHiU'J'S MHD7 l.iK FOM)KD IN A SIZE NOT TO EXCEED 'oV'xll". SMP'LEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 3.902 2) Zone R-l-75 Residential 3) General Plan Land Use Designation Residential, 7,500 sg. ft. minimum 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements, carefully and explain how the proposed, project meets each of these facts. Use additional sheets if necessary. a) Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class" of use in the same- vicinity and zone: b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question j N/A c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located N/A ' '" " . ' ' ' d) Explain why the granting of such variance will not adversely affect the comprehensive general plan: APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a public-ally held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent.. If you choose not to sign the statement, the City will not accept .your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete :to properly review all of the applications. ^ .&. Date (P.._ Name (Print) _ Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 12/2/80 LEUCADIA COUNTY WATER DISTRICT APPLICATION FOR SEWER SERVICE Owner's Name Mailing Address Service Address: ??4R I a Amat.ista Rnad DP! Mar, CA 92014 #.3Tract Description: i nt 55?, la rnsta Assessor's Parcel No. __ 2J5_-370-2B_ _ Type of Building ____ single-family _ No. Un"its Lateral Size: 4" __ 6" __ 8" _ Saddle _ Easement Connection Extra Footage: _ @ $__ _ Extra Depth: _____ @ $ Phone No. 755-8672 SEWER PERMIT ISSUED UPON RECEIPT OF BUILDING PERMIT. BUILDING PERMIT MUST BE OBTAINED BY_LJ^L Connection Fee $ fi,nnn.nn -pd 800.00) Amount Rec'd $5,200.00 Ck. No/Cash J74Q Date 3/2/81 Rec'd By s. Williamson Lateral Fee Prorated Sewer Service Fee Total $ 63nnn nn The application must be signed by the owner (or his authorized representative) of the property to be served. The total charges must be paid to the District at the time the application is submitted. If a service lateral is required, it will be installed by the Leucadia County Water District. The service lateral is that part of the sewer system that extends from the main collection line in the street (or easement) to the point in the street (at or near the applicant's property line) where the service lateral is connected to the applicant's building sewer. The applicant is responsible for the construction, at the applicant's expense, of the sewer pipeline (building sewer) from the appli- cant's plumbing to the point in the street (or easement) where a connection is made to the service lateral. The connection of the applicant's building sewer to the service lateral shall be made by the applicant at his expense. The connection must be made in conformity with the District's specifications, rules and regulations; and IT MUST BE INSPECTED AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT, THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE TIME INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC-_ TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. The prorated sewer service fee is based upon the date the District estimates that service will begin and covers the balance of the fiscal year. There will be no additional fee or refund if service actually commences on a different date. For succeeding fiscal years, the sewer service fee will be collected on the tax roll in the same manner as property taxes. The undersigned hereby agrees that the above information given is correct and agrees to the conditions as stated. 13623 - 13626 Owner's Signature Date Account No. RECORDING REQUESTED BY WHEN RECORDED MAIL TO r Street "i BRIARWOOD ESCROW 16168 Beach Blvd. - Suite 232 Huntington Beach, CA I— in_nQAiR_m IQ/, •; —130-09438-01 1945 79-2S0703HIE/PAGE N0__ - BOOK 1979 RECORDED REQUEST CF AMERICAN TITLE COMPANY JUL I 3 8:00AM79 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. RECORDER 1 .$4.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE). GENERAL Know All Men by These Presents: That i, /t-7/ the undersigned Qointly and severally, if more than one) hereby make, constitute and appoint/>?££> my true and lawful Attorney for me and in my name, place and stead and for my use and benefit: (a) To ask. demand, sue for, recover, collect and receive each and every sum of money, debt, account, legacy, bequest, Interest, dividend, annuity and demand (which now is or hereafter shall become due, owing or payable) belonging to or claimed by me, and to use and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefor, together with ths right and power to compromise or compound any claim or demand; (b) To exercise any or all of the following powers as to real property, any interest therein and/or any building thereon: To contract for, purchase, receive and take possession thereof and of evidence of title thereto; to lease the same for any term or purpose, including leases for business, residence, and oil and/or mineral development; to sell, exchange, grant or convey the same with or without warranty; and to mortgags, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement; (c) To exercise any or all of the following powers as to all kinds of personal property and goods, wares and merchandise, choses in action and other properly in possession or in action: To contract for, buy, sell, exchange, transfer and in any legal manner deal in and with the same; and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement; (d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with or without security; and to loan money and receive negotiable or non-negotiable notes therefor with such security as he shall deem proper; (e) To create, amend, supplement-and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be trustor or beneficiary; to represent and vote stock, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing, reorganization, merger, liquidation, consolidation or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly or in tonjunciion with others of any corporate itock, bond, note, debenture or other security; to cuiuuounu, compromise, adjust, settle and satisfy any obligation, secured or unsecured, owing by or to me and to give or accept any property and/or money whether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof; (f) To transact business of any kind or class and as my act and deed to sign, execute, acknowledge and deliver any deed, lease, assign- ment of lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment of mortgage or of the beneficial Interest under deed of trust, extension or renewal of any obligation, subordination or waiver of priority, hypothecation, bottomry, charter-party, bill of lading, bill of sale, bill, bond, note, whether negotiable or non-negotiable, receipt, evidence of debt, full or partial release or satisfaction of mortgage, judg- ment and other debt, request for partial or full reconveyance of deed of trust and such other instruments in writing of any kind or class as may be necessary or proper in the premises. GlVing 3fld Gr3nt!flg unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully to all intents and purposes as I might or could do if personally present, hereby ratifying al! that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby con- ferred upon my ssid Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to determine in his sole discretion the time when, purpose for and manner in which any power herein conferred upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by him pursuant heieto: and in the acquisition or disposition of real or personal property, my said Attorney shall have exclusive power to fix the terms thereof for cash, credit and/or property, and if on credit with or without security. The undersigned, if a married woman, hereby further authorizes and empowers my said Attorney, as my duly authorized agent, to |oln In my behalf, in the execution of any instrument by which any community real property or any interest therein, now owned or hereafter acquired by my spouse and myself, or either of us, is sold, leased, encumbered, or conveyed. When the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. WITNESS my hand this.. . I? Tit day of L State of California, Cnnnty nf 5 /» </ D > t fin flA? <(. I1T* \I <? o >SS.<£ — - , before me, the undersigned, a Notary Public in and for said State, personally appeared.<- » - 0«5<.VU Cva \g-g4 known to me to be the person whose name- executed the same. Witness my hand and official seal. . subscribed to the within instrument and acknowledged thaL (Seal) t>jn»»f**v»*m:iMtt»M.'in**'!i O'FiCIAL SiEAL ^% HOSHI LEUNWALA y\ NOTARY r>,Oi.i-:: C/'V.irffcM POWER OF ATTORNEY-GENERA'. WOLCOTTS FORM I4OO-REV. IO-62 K ^/.^ !':.•;•-; This sumlard form cnvrn m<st mual prqh<t?rn« U>.:th«;.6rid* indicated.: Before, you-.jl(fn, read' it, fill in all blanVi,antl m:ikr rhanjws proper to >out 11:111. i< iibtK Consult a !.i".yer if you doubt the form's fitneis for your purpose. MI r Street WHEN RECORDED MAIL TO BRIARWOOD ESCROW 16168 Beach Blvd. - Suite 232 Huntington Beach, CA L 30-09438-01 1945 —I 79-2S0703HLE/PAGE N0___ '. BOOK 1979 RECORDED REQUEST Cr AMERICAN TITLE COMPANY JUL 13 8:00AM79 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. RECORDER $4.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GENERAL Know All Men by These Presents: That i,&. &»,?*&. -sw///? X the undersigned (jointly and severally, if more than one) hereby make, constitute and appoint/>?££> my true and lawful Attorney for me and in my name, place and stead and for my use and benefit: (a) To ask, demand, sue for, recover, collect and receive each and every sum of money, debt, account, legacy, bequest, Interest, dividend, annuity and demand (which now is or hereafter shall become due, owing or payable) belonging to or claimed by me, and to use and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefor, together with the right and power to compromise or compound any claim or demand; (b) To exercise any or all of the following powers as to real property, any interest therein and/or any building thereon: To contract for, purchase, receive and take possession thereof and of evidence of title thereto; to lease the same for any term or purpose, including leases for business, residence, and oil and/or mineral development; to sell, exchange, grant or convey the same with or without warranty; and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement; (c) To exercise any or all of the following powers as to all kinds of personal property and goods, wares and merchandise, choses in action and other property in possession or in action: To contract for, buy, sell, exchange, transfer and in any legal manner deal in and with the same; and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement; (d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with or without security; and to loan money and receive negotiable or non-negotiable notes therefor with such security as he shall deem proper; (e) To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be trustor or beneficiary; to represent and vote stock, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing, reorganization, merger, liquidation, consolidation or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly or in tonjunciion with Others of any corporate stock, bond, note, debenture or other security; to compound, compromise, adjust, settle and satisfy any obligation, secured or unsecured, owing by or to me and to give or accept any property and/or money whether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof; , (f) To transact business of any kind or class and as my act and deed to sign, execute, acknowledge and deliver any deed, lease, assign- ment of lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment of mortgage or of the beneficial Interest under deed of trust, extension or renewal of any obligation, subordination or waiver of priority, hypothecation, bottomry, charter-party, bill of lading, bill of sale, bill, bond, note, whether negotiable or non-negotiable, receipt, evidence of debt, full or partial release or satisfaction of mortgage, judg- ment anr! other debt, request for partial or full reconveyance of deed of trust and such other instruments in writing of any kind or class as may be necessary or proper in the premises. Giving and Granting unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully to all intents and purposes as I might or could do if personally present, hereby ratifying al! that my said Attorney shall lawfully do or cause to be done by virtue of these presents. The powers and authority hereby con- ferred upon my said Attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate. My said Attorney is empowered hereby to determine in his sole discretion the time when, purpose for and manner in which any power herein conferred upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by him pursuant hei eto: and in the acquisition or disposition of real or personal property, my said Attorney shall have exclusive power to fix the terms thereof for cash, credit and/of property, and if on credit with or without security. The undersigned, if a married woman, hereby further authorizes and empowers my said Attorney, as my duly authorized agent, to Join In my behalf, in the execution of any instrument by which any community real property or any interest therein, now owned or hereafter acquired by my spouse and myself, or either o! us, is sold, leased, encumbered, or conveyed. When the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. WITNESS my hand this..day of STATE OF CALIFORNIA <"?COUNTY OF •JVvVvV On . /{> ~*? /Y) State, personally appeared ••^/~*S>->>C ^rf £> ^) X "N ^ />^ /-?7^ ' s\~s? sj //*•:, 7?^<~-~ j t-'/SZ-. > ss. efore me, the^ •7?^ <;•. -V I 88 undersigned, a Notary Public in and for (So^ify -r/l-fJT said » to be the persono whose to the within instrument and executed the same. WITNESS my hand and offi •y /, p- /£,Signature rf^"-^*- •>*•• •— // C. .i (1 , L c- f_ names f^W.#- acknowledged that :ial seal. / ,i/ «t/ /•! i- /? subscribed /G--7 3 2£ Name (Typed or Printed) f'"« — , known to ^£573,^ C?F1C!AL S£At if^4^ HOSH' l£y?«WALAj,~<a:i5-Jg HOTASY PUBLSC CALtrOflHiA ^r.-'^W PRINCIPAL OFFICE iN V?^|v5^ SAN DIEGO COU?<TY My Cofninission Expires May 3, 1932 me ™| 1 | s (Thli ar«« for official nottrltl leil) id that WAi.A l.IFORMA iT-;sijfn, read it, fill fn all blank*,form's fitness for your purpose. Transamenca ®Title Services FIRST RATE SERVICE AT A FAIR PRICE **nrtc cuftsc GUS HAHSAYEH 2245 LA AME8TZTA ROAD DEL MAS CA 92O14 T£L.N£k 7SS-8672 02 COPIES e/o TA 13-02* Ol ESCROW NUMBER: ORDER DUMBER:13~O2~QG62697 TITLE ttHJMBER: - - PRQfsERTy ADDRESS: VACAKT (PLEASE V£RIFY> CALIFORNIA CLIENT'S REFERENCE:HAMSAYETT REFQHT XK m?m$i TS rec MS%- IOTOSO* 0KB1f OPffiEIS »t IT 2$ii?i£ ftsnettTflM st«»fl 1ERCST THEKI8 ffiX£lfWHS SO F2STH,CKffi^tsc nor S8^s as m (is tttffiNUS* COirKRZaiS «» SfB^TiENS m s WLSW ar nn£ Ot SMK Ti K ISSi£tf M 8T THEer TITO: lSI ftt K9 8sr ?ini HEBEBT* fti«£ HKY KFC6T*is TO mm® S6S FffiJRt WKWsr * «UCY or TIES BB$«£ w m u&am is SBS* IB TK ISaW£ Sf 8 FBLKY 8F TITL£ *«»$€€, I DATED AS OF «AV 28* 19S2 afe 7:00 A, H, s«m,Y fw ^ nitnsc orif ir is M IS S£ BUESO. GARY TRIPHAN , <OFFICERS we PASE Transamenca 111 Title Services FIRST RATE SERVICE AT A FAIR PRICE " 13-02-OQ62&97 Tte asiata sr interest ift £fes Uft4 483crite4 hsrsift is a: FEE SIMPLE SH WE 6*!E SH08K MMNE< WE ESTA1E CR SKIOKSr flEFSRK* T8 HtROH IS %SI& IK: RASHID BAHRAM8KAHRY, A MARRZEO MAN AS HIS SOLE AND SEPARATE PROPERTY AS TO AN UNOIVIDSS 1/2 INTEREST ANB GQSHTASS H. HAMSAYEH AND PARIZAD ADE8HIRZ BAGHEOQULESTANI, HUSBAND AMD WIFE AS JQIWT TENANTS AS TO AM i/2 INTEREST, AS TENANTS JM The land raferred to herein is sifewatsd in th@ State of CALIFORNIA County of SAN DIEGO , City sf and is descri&^ti as LOT 352 OF LA COSTA MEADOWS UNIT NO. 3 COUNTY OF SAN CIECCh STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 7O76 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN SIEOQ CQUNTVf OCTQgER 6, ASSESSOR'S PARCEL NUMBER : 21S-37O-3S TB SKSRftK IS ftKfHf tS f«Erauw rcm I TEH: A. TAXESf a Han, not yet das and For Fiscal Year: 1982-S3 ITEM: A.Oi COUNTY TAXES, as follows: For Fi^ic^l Year: 1981-83 First Installment: *&&3,92 - PAID Second Installment: *465«92 - PAID Land Vaiua: *li7, 30O.OO Accsunt No.: 2iS-37O»2S Coda Area No. : O9063 PAGE 3 Transamenca — 11 Title Services FIRST RA TE SERVICE ATA FAIR PRICE' ITEH: i. EASEHE^T SH014H ON FILED MAP* and incidents thereto* Purpose: AND DRAIHASE Affacts; AS SHOWN ON SAIB SUBDIVISQM MAP 7076. I TEH; 2. LACK Or RIGHTS ef access to antf from the public strsat? sai4 fights having 6«©n relinquished tsy the provisions of the dedication statement as shown on tits Isilad map of said Strsst Mams: £L FUERTS STREET Affects: THAT PQRTSQW OF LOT 552 FOR FUTURE STREET STEM: 3. AM OFFER AND THE REJECTION QF SAID OFFER SUBJECT TO THE PRQV£6Xt»4S OF SECTION 66477.2 QF THE ©CVERNHE^T CO0E QF THE STATE QF CALIFORNIA FOR THE DEDICATION THAT PORTION QF SAID LOT 352 DESIGNATED "PORTION QF LOT SS2 RESERVED FOR FUTURE STREET'S WHICH PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAJfct OPEM AMD SUBJECT TO FUTURE ACCEPTANCE BY THE COUNTY OF SAM DIEGO. ITEM: 4. COVENANTS. CONDITIONS AMD RESTRICTIONS* omitting rsstr ietions* if based on racs« color* religion or national origini as contained in by: LA COSTA LAND COKPA&¥f AN ILLIHQtS CORPORATION Recorded* Official Records: OCTOBER 6, 1971 Sar ies/fnsfcrusssmt f^o. : 23OG20 Containing f-fertfagaa Pfotacfion Clayss: YES Containing Express forfeiture or rsvsrsion: HO ITEM; 4,O1 SAID COVEMAWTS* CQNDITIOMS AND RESTRICTIONS are incarperated fey raferance in ir 1972 Dat-sd: MAY S< 1972 Rec?5r?l8d» Official Records: MAY f4o« : 122222 PAGE =fj[F Transamerica — Hi Title Services FIRST RATE SERVICE ATA FAIR PRICE' ITEM: 5. USES? GF TRt/ST for tfce original amount shown bslowt and ang o6fi«r e under the terras tttareof. Original Amount; *63*QOO. QQ> Batad: MAY 7, l<?73 Recorded* Official Racords: MAY l&, 1972 Ssries/lnstrosisnt No.; 122S23 Try^tar: EDWARD S. JOI^SOM AND JOYCE D. T. JOHMSOM/ HUSBAM0 AHB AS JOINT TENANTS Trusts*: TITLE IMSURAHCE AMD TRUST COMPANY, A CALiFORKIA CORPORATION Beneficiary : LA COSTA LAND CGHPAHY* Af4 ILLINOIS CORPORATION I TEH: 3.01 ASSIGI4HENT of the Beneficial interest under said &esd of trust fey instrument: Racordad* Official Records; HAY l&, 1972 Saries/Instrwffiant Ho.: 122224 Assignee: UNITED STATES NATIONAL SAMKi A NATIONAL 8AHKIWQ ASSOCIATION I TEH: 5.-02 ASSIG&POIT of t&s Saneficial interact «n<fer «aid Deed of trust &y instrument: Racarded, Official Records: JULY 12. 1772 Ssris-s/Instrument No. : 17944S Assignee: THE TRUSTEESf OF CENTRAL STATES. SOUTHEAST AND SQUTHIwEST AREAS PENSION FUND PASS Transamenca 111 Title Services FIRST RATE SERVICE AT A FAIR PRICE * > * . 13-G2~OQ&2&97 ZTSH: 6. OEEB OF TRUST far the original amount? sha&m fesicnut and any other amounts payable under t&a terras thereof. Original Amount;: *57»SG0»Q0 Dated: JUNE 28, 1979 Recorded, Official Records: JULY 13, 1979 Ser ias/Inatruosssit Wo.; 79-29G7Q6 Trustor: RASH 10 8AHRAHSHAHRY, A HAHRIES HAN ANB 9C3SHTAS8 H» HAH8AYEH AHD PARIZAO A. ARDESHlfU gAQHOOLESTAMI, HUSBAf40 AM& W£F£ Trwatea: FtftST AMERICA TITLE INSURAP4CE COMPANY, A CALIFOH^IA CORPORATION B@n@ficiary: EDWARD S. JOHNSON AMO JOYCE D. T. JOHMSON. HUS8ANO AMD WIFE, AS JOIMT TENANTS sow si r«E NPY if nos nKum«¥ MS£ <§wfiiK fir m isfiitsifw S5 ft^raocfs TS nmm £^gm» tiocoi ffcneo MtzNS TSC ?fRm if ssc mm n m mK m mis urn®,mm is SHORT TERfl RATE DOES NOT APPLY PAGE CHORLITO 215-37 fjj ICQ- MAP 7076 - LA COSTA MEADO«S UNIT NO. 3 - LOTS 466-512 ;. 552 RECORDING REQUESTED BY AND WH£N RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary t r/air s f e r Jra x: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between /^--^fjjr. (name day of & f * developer-owner; , hereinafter referred to as (Corporation, p a r t h er^hip, e t c . ) "Developer" whose address is ^i-X T ^ (street) 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. WITNES.SETH: 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: REV 4-2-82 on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and < WHEREAS, Developer filed on the &?73^ d ay of r\-r ' fr- 19 , with the City a request for / ^-c—\&JCi*J~C. -Sr^-—^g^<-v<J7 ffi> u hereinafter 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, dated April 2, 1982, in 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. . • -2- REV 4-2-82 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 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. 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 o f existing building 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 construction permit" and ."entitlement for use" as used in .this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits.or other permits for the construction of underground or street improvements unless no other permit is necessary, prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for 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 addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- • REV 4-2-82 - 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 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 Gity 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 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 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 deposit 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 suffieient.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 comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- 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 of 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 for 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 De yeloper 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 successors 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 termiriate; 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 recorded but shall no.t create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (Title) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: •VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be at tached. ) -6- REV 4-2-82 EXHIBIT "A1 LEGAL DESCRIPTION El •^^y