HomeMy WebLinkAboutCT 83-10; GRAHM INTERNATIONAL; Tentative Map (CT)4 LU zA7
REQUEST
o Zone Change
OGeneral Plan Amendment
Tenttive Tract Map
Planned Unit Development
OMajor Condominium permit
OMinor Condominium Permit
0 Master Plan
0 Major Condominium Conversion
[]Major Redevelopment Permit
(check other boxes if appropriate)
0 Minor Redevelopment Permit
[]Precise Develonent Plan*
OSpecific Plan
0 Site Develoent .Plan
0 Conditional Use Permit
0 Variance
0 Planning Coitmission Determination
OSpecial Use Permit
DAdministrative Variance
ate Description of Project (attach addit sheets if necessary
vision - four
office buildincs and 1 bank bull
Location of Project
At the southeast corner of Palomar Airport Road and Yarrow Drive
Legal Description (complete)
Lot 13 of Carlsbad Tract No. 73-49 in the City of--Carlsbad, Coiinf of -
San Diego, •State of California, according to map thereof No. 8054 filed
- with the County Recorder of San Diecro, December 31, 1974.
U - Assessors Parcel Number
j Ene T[C-eneral Plan Existing Land Use
Wart Ind
an
- PM -- P1 9.5± Acre -
Owner Applicant
ame Print or Type) Name (Print or Type)
G.B.P. INVESTMENT GROUP Rick Engineering Company
Mailing Address mailing Address
2121 Palomar Airport Road
Suite 300 3088 Plo Pico Dr. Ste. 202
ity and State , Zip Telephone City and State Zip Telephone
Carlsbad, CA 92008 Carlsbad, CA 92008 (619)729-4987
I CE1IFY THAT I AM THE LEGAL OWNER AND I CERTiFY THAT I AM THE OWNER'S REPRESENTATIVE
THAT ALL TUE ABOVE INFORMATION IS rpjj AND THAT ALT, THE ABOVE INFORMATION IS TRUE
AND CORRECT W TUE BEST OF MY KNOWLEDGE. AND (X)BRECT TO THE BEST OF MY KNOWLEDGE.
• SIGNATURE,; DATE
Data Appi iioic'TiCeivdBV
lxita 1\p;1iCiLiOfl Rac d
$4WAJ
DATE
Fees Reciva< eipL P4J.
4f4V*1O
TTise N 7
If after the information y u have submitted has been reviewed, it is determined.
that further information required, you will be so adid..
PPLICPNT: . GRAHAM BUSINESS PLAZA -
Name (individual, partnership, joint venture, corporation, syndication)
2121 Palomar 'Airport Road, Suite 300', Carlsbad CA 92008 -
Business Address ...
619/438-1545 . 1.. . . ..
0
- Telephone Number ...
AGENT: GRAHAM IN1'ERNATi0NAL INC., Gener1 Partner . ..
Name '. . .• .
2121 Palomar AirpbrtRóad.,Suite 300, Carlsbad CA92008
Business Address
619/-43R-.1545
• Telephone Number . -: - .1 :. •
GRAHAM FAMILY TRUST, R0BRT K GRAHAM, 3024 Sycamore Lane, Escondido CA 920Z5
Name '(individual, partner, joint TRUSTEE some i4drss
venture, corporation, syndication) . . . . .
2121 Palomar Airport Road, Suite 300; Carlsbad CA 92008
Business Address . . .
619/438-1545
-. 0•
619Z 745-4840 S
Telephone Numer . Telephone Number
GRAHAM FAMILY TRUST, ROBIN B. GRAHAM, 7343 Vista del Mar, La Jolla CA92037
•
-• : N.rae . . S
TRUSTE Home Address
2121 Palomar Airport Roa'd, Suite 300, Carlsbad CA 92008
Business Address 05
0
619/48-1545
•0 S.
61'9/456-0224 - .:- •
Telephone Number Telepone Nt=iber
SUSAN J. GRAHAM TRUST OF 11/12/82, SUSAN J. GRAHAM, TRUSTEE* P. 0. BOx 1837
Rancho Santa Fe CA 92067
• 2121 Palomar Airport Road, Suite 300, Carlsbad CA 92008 619/756325
• S 19/4381545 S . . .
.5
.S
•• •
S •• S . (Attach more sheets if necessary) .
:
1/'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. 0 S
S Applicant
• 0 ___________
i,.nt• P;trrT'r •
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 .s 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 publically 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.
0 0, ()
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.
Signature Date
Michael L. Loban
Name (Print) Relationship to Application
(Property Owner-Agent)
• I-)" 1?1t tor
IøJ
QUALITY
ORIGINA,( S)
•i
cALF7ORN IA -WORLD
-TITLE cOMPANY
'I-
8304 CLA: MOAT. ME-SA BOULEVARD • SAN DIEGO, CALIFORNIA 92111 • (714) 278-4171.
PRELIMINARY REPORT
• GitARA INTEiilATtON&L
• 2121 PALOMAR AIRPORT RIL STIL 300
• CAiLSIAD, CA
Date lumm 2, 193 Attention: L LORAN Your No. 782C GW41.1 TTIORkL
Our No. 559-05
Dated as of ............MMI. 21.......19 . . ... 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
issue, 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, insuring against loss which may be sustained by reason of
any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B dr 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 for 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
title insurance, a Binder or Commitment should be requested.
..............
TITLE OFFICER r
- MMtIE CIOSiLAI
- :•
I i
1
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:
G-rZj R'c ji /'\3 c..
GLI fl Tir4F CROUN-
A LIMITED PAZTRfl1P
The land referred to in this report is situated in the State of California, County of
and is described as follows:
LOT 13 OF GAiLS1A1) TRACT GO. (CCF PAUVIAR jflp'f
UNIT W. L) IN THE CITY OF CARLAD cotnmr OF SAN, DIM, STaTE OF
CaLIforW, RDIN TO MAP THEREOF IO. 8054 FILED LN THE OFFICE OF THE
COUNT RECORDEi OF SAN DIEGO COUNTY, DECER 31, 1974.
CLTA Preliminary Report Form
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:
GURAL AND SPECIAL QURRY At'O CITY TAXES
FOR TIM FISCAL YEAR 1983-1984
A LIES WT ir
IL GiRAL ArU) SPECIAL COUNTY AN CITY TA)ZES
FOR THE FISCAL TLR 1982-193
CLW1t ?SO1tL PROPERTY TAN, IF MY,
FIRST ISTAU!ET ; ?I1
SEO INSTALLMENT PAID
TAX. FIGIUS FOR 1982-1983
09019
PAMCEL 118. : 213-050-15
LAND $10381 000.00
$1,5OO,000.00
NONE
: N0E
AVIY OTU 62MUMPTIMS
Frrur INSTALMEW ; $19,508.19 PALO
SECOD INS TA L U4EN! $19,508.19 PAID
2. AM EASFXENr 01WCUM SAID ZAI) FOR THE PVfUGSE$ STATE!) HER,81N AND
ItWENTAL PWOSES
LU VAITOR OF , CLULSMD POPEET1ES
FOR ; UNDELOROUND PIPELUIES
RECORDED : PEORWARY 17, 1958 LU oo: 6952, PAGE 391
OF OFFICIAL RC0RL)S
WD DEED !)ES HOT DNTAIN THE LUCATION OF SAID EASLNT
3. TUE 01? SSRVATIOS OF ALL OIL, GAS ARD KrIM-AL RIGRIS Lt.' A
PORTION OF T9Z cui MCIRIBED PROMRTY, utThotrr, RMIMME1,4 THE ciT TO
WaLLs MU, WLORE A) OPERATE TERONGZ THE SURFACE OF THE Uliu oo r FEET OF VIE U8SURWACE OF SAID PROPERTY OR OTDE IN SUCH IWZNER SO
AS TO INTERFERE UTTE THE USE OR POFOSEI) USE OF SAID PROPERTY,, OR IN ANY
AS TO ENDM TEE SAFET! OF ANY AIRPORT OR 8ULLDIG OR STRUCTURE
MAT IfAT RE CONTAIN ON SAID PROFIEMV, OR PRWOSD TO BE CONSTRUCTED ON
$AW PROP-MT! AS RESERVED IN USTRUIENTS RECORDED PEDRUARY 17, 1958 IN
0ON 6952, PAGE 391 AND APRIL 3, 1974 AS FILE NO. 74-0830I NOTE OP
OFFICIAL RECORDS,
4. THE RIGHT TO EXTEND AND MAI tMAVI DRAINAGE STRUCTURES AND EXCAVATION
ANt) EDANENEUT SLOPES. 3EY01-41D TEE UNITS OF THE RIOUT OF WAY GRANTED
TREREIN UEERE REQUIRED FOR CONSTRUCTION ANI) MAINTENCE
GRANTED TO THE COUNIn OF SAN DIEGO
: OCTOBER 4, 1960 AS FILE NO, 195369
OF OFFICIAL RECORDS
CLTA Preliminary Report Form - -
REMD or SUR%fl! 1AP M00.1MM, To &ioi vi:ous O1Tt
I1Et1$IOVS OF SAM IA
MAI? 6493
6. 941 EAMENT AFFCTIG SAID tND FOR THE PIMPOSES STATED H ERXIN AND
iiZZD1NTAL PLRFOSES
IU FAVOR. OF CARLSILD PROPERTIES
FOR UNDERGROUND PIPELINES
RORDED : APRIL 3, 1974 AS FILE/PAGE NO 74-030I5
SAID J3) DOES VOT CONTAIN TIM LOCATION OF SAW EASL4LNT
7 ENANTS, WiOiTIOS AND RESTRICTIONS IN THE, DECLARATION OF RESTR.UTIONS,
R.CORDEO Z OCTOBER 1, 1974 AS FILE/PAGE NO. 74-263S97
RESTRICTIONS IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL I(IN
AE1 DELETED.
SAID tOVEL1ANTS, CODITLONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED
BY AR IMMMMUT
REMEDED C1EER 31, 174 AS FILE/Mt M. 74-37587
SAID COVENANTS,, ONDITLONS AND RESTRICTIONS HAVE BEER Pi1PORT1ThY MODIFIED
Y AN LNSTRUMT
CORDED JUME 27,, 1977 AS FILE/PAM, DO 7722979
S. THE R.IGRT TO MEND AND 4AINTAIN DRAINAGE STRUCTURES AND EXCAVATION
AND MUNRIUM SLOPES BEYOND NE iJXITS 4W THE RIGHT OF MY GRANTED
THEREIN WNERR REQUIRED FOR. CONSTRUCTION AND N&IMEMOCE
GRANTED TO ViE O)UNTY OF SAN DIEGO
REOIWED ; DECEMBER 12 1974 AS FILE/PAGE NO. 74-323259
1?ROVISIONS OF THE DEDICATION STATNENT ON NE MAP OF TNB TRACT swum ipLow, WIUCE RELoquisH CERTAIN RIGUTS OF INGR.PSB AND EGRESS TO
TIM PUBLIC STREET HEREIN NAMED, tIFON THE tEi4S ThEREI1, EXCEPT Wt THE
GENERM. URI4IC RtGNT TO 12AVEL THE 84E
TRAM $054
STRJUST AFFECTED PALONAR AIRPORT ROAD
10. AN MSE4RNT AffECWZG SAID tAND FOR TUE NEFOSES STATED HEREIN AND
IIJZNTAL PUMOSES
LU FAVOR., OP S, Ull DIM GAS 6 ELECTRIC COiPANY
FOR THE TRANLISSIOU AND DISTRIBUTION OF ELECTRICITY
RECORDED : AUUS? 7, 1980 AS FILE/PAGE UG.. 80-250802
SAID DE DUES NOT CONTAIN THE LOCATION OF ASAID EAE4EI1,
a.
- -
IL AN EASEKEllr AFFE=ING, SAW LAN!) FOR THE PURFOSES STATED ThERLL U'U
II!)i?trAL P1RSES
£t PAWLOF THE PACIFIC I LEPifO8 MD TELEGgAU COPAN(
FOR tJRGROUNI) COVMUNICATM FACILITIES
RCORDEyJ : FEBRUARY 19, 1981 AS FILL-/ ME NQ 914$20
SAID DEED DOES, NO? -CXflThtN ThE LOCATIO! OF SAID EASJ4RN?,
12* AN 1&&SN1EDT AfrFECTIM, 1RE Ft*TION OF SAID LAND MD FOR. 'WE FMPOSSS
STATU -M4 AND NtLDENTAL POIU?OSES -
IN VAIVOR Or - COSTA REAL MUNIC&AL WATER DISTRICT
FOR A. i?IPELINS OR -P LPRLINFS ar-omim : !4A1if 2 1951 AS F,1u/rAGE NO, 'U-06-15,28'
AFFECTS : AS POWS
ALL IILT 3?OR.IION OF LAND IN Lot 13 CAELSRAD TRAM W. 7$'49- T-JP tO.
8054 PLIED ID IRE OICE OF THE COUM RECORDER OF SLN DIEGO coum
STE OF 1IFORN1A, D$SCBED AS RLLWS
XUDZG AT A POINT ON THE DOItT1JCSTERLY 801JUDARf LINE OF SAID WI 13,.
SAID '?t)INT BEING ON THE SCRTFWSTERL! IGifT-0174AY Wig 8t
AI)UT ROAD AND THE DEGINXIM OF A. 1.7 1937 FOE)? RADIrG' CWWE
CQAVE SOD EASTERLY; TUE SOOT RIESTELR1 AL01ru IRE ARC DY - SAID CURVE
T-HROM t. CENTRAL aN1Z OF 4 0'I0t Or A DISTANCE OF 140J4 rmn 18 THE
TRUE POlUr 0? - -1EGINNINC OF PARCEL 1 A LUD1AL LINE TO MID IRON POtN
OF DWIMNIM - - -
BEAU NORTI 4O16' 16 NEST. -
Ew 2§1L I
A STEI OF LAND TEN FRIT (10") FEET IN UIDTH LYW4 'FIVE FRET (5 1 ) ON
AcR SXJJE AN3) PARALLE4 WITH THE FOLL0II&G DESCRIBED LINE -
LDDIN-r: a11l) TRUE POINY W EGINNIN; TELI*XE S()UTB 4 1I6 11-V EAST,
4800 FEET; ?EiW f' 541' EAST, 112,.50 FEE; TUECE SOUTH
5I°tW)3" E4ST,, 26-$00 FEET; TRENCE SODIR 36O6 '08" EAST, 6.50 FEZ? TO
NN DESCRIBED FOIN? "Ar'; TUEI-E 500111 360008U EAST, I0.50 FEET TO
REREIN DLSCRThBD POINT %; ThENCE SOOTh 3006'0' EAST 150 FEE-I TO
REERED DRSCRISED }XDT "C"; TREE SOUTH 6°'06'08" EMSTI, 350 FEET;
ThENCE NQRTh 53053t 5V -EAST, 8.00 FEET TO NEIIEIN DESCRUE0 FOINI' "el)";
rmcr ;oa 05352" EAST, 107.50 FEET TO HEMU DESCRIBED POINT;
THEME NCJRTB S5332" EAST,, 7.50 FEET TO THE P411COFT 1T1OD OF
PARCEZ I..
IRE SIDELINES OF SAID PARCEL I SNALL RE OTUENED OR TENTO- FOEi
A CONYINUODS STRIP OF LAND 1040 FEET EtIDE; SAID SII)ELXUES SHALL flEGIN
IN TEE $0 TEII.! IMUT-OF-WAY OF PAU1AR AIRPORT MAD AND EN!) AT IRE
OF I tNaIXON OF SAID PARCEL I- - -- -' -- -a-- - , - - -
-WI
PARCEL 2
A STRU' OF WW TEN MET (I0') IN WIDTH LYiNG FIVE FM 5t) Thi EACU
SIDE AND PARALLEL WITH THE FOLLOWflG DESCRIBED CENTERLtNE
CECiC AX THE ABOVE DESCRIBED POINT ' TRECE sourn 53352'
MST, 5.00 FEET TO THE TRDE RGIM OFEGWNING; THEME SOUTU 53Q53 52'
WEST, 40.0 FF.T TO PARCEL 2.
A STRIP W L(N1) TEN FEET (10 1 ) N WThTH LYING fiVE FEET (5') Ot EACS
SIM AND ?ARLLEL WITH THE FOLLGWHG DESRLEED C?ERLXEE
AT THE ovs DESCRIBED POIN7 'W Tmc soura 535352 s Soo FEET TO our OF THEME sourn D53t52
WESr 1 39.06 FEET Tø TRE r oF iTu ION OF PARCEL 3.
PARCEL
A STRIP OF LAND TEN FEET (10') 'IN WIDTH LYING FIVE FEET (s') ON EACH
SIDE AND PARALLEL 'WITH ThE FOLLa.1ING DESCRIBED CE1ELIN:
CO41ERCI4MG AT THE ABOVE DESCRIBED POINT 'C'; THENCE NORTH 535 152'
EAST,. 5,.00 FEET T0 THE IWJE POIDT OF BEGINNING; TREE NORTh W511 52tv
EAST, 30.00 FEET TO TRE POINT OF T11fIWIF PARCEL 4.
PARCEL 5
A STRIP OF LAND TEN FEET (10') IN 1tDTh LYING FIVE FEET (5') ON EACH
SIDE AND PARALLEL WITH TUE FOLLOWING DESCRIBED CTEELI.NC:
C(CING AT THE ABOVE DESC& RED POINT "D i'; THENCE SOftH 306'08'
EAST, 51)0 FEET 10 THE TRUE Poigr OF BEGLNNtN; THENCE SOUTH W06'08"
EAST, 23.00 FEET TO THE POINT or TEN4IN4TION OF PARCEL 5.
PARCEL 6
A STRIP OF LAM) FIFTEEN FEET (15') IN WIDTH LYING SEVEN AND QiiE-ItALF
FEET (750) ON EACH SIDE OF ANt) PARALLEL WITH THE FOtLOflNG DESCRIBED
CENIEHLINE
CONENCING AT THE ABOVE DESCRIBED POINT *tEn; THENCE SOUTH 36°06'O8'
EAST, 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SODTU 3606 10
LAST, 60100 FEET TO THE POINT OF rERiItrIoN OF PARCEL 6.
13. A NOTICE OF N0ESPUNSIZILI1?
JUNE 50, 1982 AS FILE NO. 82-203640
OF OFFICIAL RECORDS
EXECUTED BY GRAHAM BUSINESS PLAZA
-
14. A N.07116E OF NON-RESflSIBILrn
iECODE. : DEC1UER 8, 1982 AS FILE NO, 2-76043
OF OFFICIAL PJCCDS
E.AIN EUSLESS PLAZA
154 A NOTICE Of NW-RESPONSIBILITY
DECUMBER &, 1982 AS FILE TA4 82376049
OF OF11CIAL REO!DS
EUCUThT GAA1 BUSINESS PLAZA
16. A NOTICE OF NONEESPSI!LIT
RECOROED : EEW3E. 3, 1982 AS FILE NOB. 2-37051
OF OFFICIAL 1E(kOS
EXECU1 IY : R4A1 BUS UESS PLAZA
17.. A. NOTZ9 OF tflSIBLLT
RECORDED MARCH 9, 1983 AS FILE NO. 33-074427
OF OFFICIAL RECORDS
fl GMi BUSIbrESS PLAZA
13. A NOTICE OF NOIRESP0N$ILITY
RECORDED MARCH 9, 1983 AS FILE NO. 83-074428
XECtIZEJ.) BY : GLUA?4 BUSINESS PLAZA
19. A NOTICE OF 140U-RSPOtSISLIT!
MAR 9, 1983 AS FILE NO. 83-074429
OF OFFICIAL RECORDS
EXECUTED WI AM BUSIEESS PLAZA
AND ) RECORDING REQUESTED BY
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Reco'tder's use
Documentary transfer tax: $ 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 PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 5day of May , 1983
by and between G.B.P. INVESTMENT GROUP
(name of developer-owner)
a Limited Partnrship hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 2121 Palomar Airport Rd., Ste. 300
(street)
Carlsbad, CA 92008 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.
W I T N E S S E T H:
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:
5 lot subdivision
REV 4-2-82
A
.. on said Property, which development carries the proposed name of
Graham International
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 5 day of May
1983 , with the City a request for a tentative map and planned
unit development c2-7 23—/i,
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, 0 consideration of the reals 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
La
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 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 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 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 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 oblIgatio•hereunder shall terminatlin 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 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 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 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 recorded but shall not 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
o. OFFICIAL SEAL
) MIWRED R OSBORNJ
) tn:1N NOTARY PUBLIC CAUFONIA
-Y tN DEGO COiJUTY 1y comm. P.P? 16, 1986 p!rcs
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
G.B.P. INVESTMENT GROUP
GRAHAM INTERNATIONAL, INC., GENERAL PARTNER
-! (name)
BY Mike L. Loban
Vice President
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
STATE OF CALIFORNIA
d COUNTY OF ;.
, On •7 , before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared /4 ' /' h - , known to me to
be the/ _President, and— ----_-- -- known
to me to be the_- Secretary of_('
1 - - -j--' , the corporation that
. executed the within instrument and known to me to be the persons
who executed the within instrument on behalf of said corporation,
said corporation being known to me to be one of the partners of
4.1. T ?;L 1/ 7' , the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such partner
and that such partnership executed the same.
fta
-) ' i/L/Z7)
I,
SAFECO
FOR NOTARY SEAL OR STAMP
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
S
REV 4-2-82
. ..
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 13 of Carlsbad Tract No. 73-49 (CC&F Palomar Airport
Business Park Unit No. 1) in the City of Carlsbad, County
of San Diego, State of California, according to Map there-
of No. 8054 filed in the Office of the County Recorder-of
San Diego County, December 31, 1974.
I
CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
(714) 4385551
RECEIVED FROM DATE
;2
A/C. NO. DESCRIPTION AMOUNT
,)/_J,i/,/ (.(
/c€1i 9 iO7i;N\
sv
TOTAL